TERMS OF USE

THERAPY NEWSLETTER TERMS AND CONDITIONS

At Therapy Newsletter (Total Activation, LLC), we respect and protect the privacy of our customers and those who use our websites. The following Privacy Statement and terms of use provides details about how your personal information is collected and used. This privacy statement applies to the network of Therapy Newsletter (Total Activation, LLC), website, products and services that are located in, but not limited to the TherapyNewsletter.com and related domains.

POLICY ON USE OF PATIENT AND SUBSCRIBER INFORMATION

Therapy Newsletter (Total Activation, LLC) will not use or sell the patient and subscriber information of its members, clients and subsidiaries in any manner whatsoever. The system is hosted on a dedicated server, with a secure SSL certificate and neither the administrators nor the technical department of Therapy Newsletter have access to the subscriber’s names, emails or any other contact information. We maintain strict privacy guidelines, and will not, under any circumstances permit or tolerate the violation of patient and subscriber information in any manner to any parties other than authorized parties of the account holder, who may be subject to a verification process. We will also refrain from communicating with any email address that is not associated with the account holder’s primary email on record.

POLICIES ON INFORMATION COLLECTED

Therapy Newsletter (Total Activation, LLC), is the sole owner of information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. Therapy Newsletter (Total Activation, LLC), collects information from our users at several different points on our website.

Our websites offers several opportunities for visitors to register for promotional and informational mailings, online demonstrations and resources, and for assistance in evaluating our software and services. These registration forms are often linked to Therapy Newsletters (Total Activation, LLC), mailing lists and requires users to give contact information (such as name and email address). We use this contact information to send users information about our company and its products and services if requested or necessary. Users may opt-out of receiving future mailings at any time (see the Unsubscribe/opt-out section below).

POLICY ON LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, REJECTED OR DENIED CLAIMS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY RELATED TO THE THERAPY NEWSLETTER SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE THERAPY NEWSLETTER SYSTEM, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SYSTEM, ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSOR’S HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THERAPY NEWSLETTER’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY USER IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

POLICIES ON USAGE OF INFORMATION

We will never share, sell, or rent your personal information with third parties for their promotional use. We may disclose or report personal information in limited circumstances where we believe in good faith that disclosure is required under the law. For example, we may be required to disclose personal information to cooperate with regulators or law enforcement authorities, to comply with a legal process such as court order, subpoena, search warrant, or law enforcement request.

UTILIZATION OF INTERNET TECHNOLOGIES

We use a variety of technologies on our sites. Among these are cookies; a piece of information that our websites provide to your browser when you visit our sites. Cookies allow us to verify the login status of customers using products or services linked directly with our website, track point of entry to point of registration for those users participating in our affiliate signup programs, and to track and measure the success of a particular marketing campaign. Cookies also allow us to track overall site usage and determine areas users prefer, enabling us to make your visit to our websites easier by recognizing you when you return and helping to provide you with a customized experience. Usage of a cookie is in no way linked to any personally identifiable information while on our site. If you choose to disable cookies, you may still use our site; however, you may have limited access to some areas within our websites.

We may access and set cookies using web beacons, also known as single-pixel GIFs which are invisible graphical images. These web beacons provide us useful information regarding our site such as which pages users access. When we send you emails, we may include a single-pixel GIF to allow us to determine the number of people who open our emails. When you click on a link in an email, we record this individual response to allow us to customize our offerings to you.

We also keep track of activity on our website via log files stored on our web servers. We collect information such as IP address, browser type and version, and pages you view. We also keep track of how you got to our site and any links you click on to leave our site. Once you leave our site, we do not track you. We use your website activity to assist us in offering you a personalized Web experience, assist you with technical support, diagnose problems with our server, administer our websites and to tailor our product and service offerings to you.

POLICIES ON SECURITY

We take every precaution to protect the confidentiality and security of your personal information by using industry-recognized security safeguards such as firewalls, coupled with carefully developed security procedures to protect your information from loss, misuse or unauthorized alteration. When we ask for sensitive information, such as credit card numbers, we protect it through the use of encryption during transmission, such as the Secure Socket Layer (SSL) protocol.

Therapy Newsletter (Total Activation, LLC) takes care to reinforce the importance of our website visitors’ security and privacy among our employees. Our employees are trained and required to safeguard your information and, using physical, electronic and procedural safeguards, we restrict access to personal information to those employees and agents for business purposes only. Additionally, we use internal and external resources to review the adequacy of our security procedures.

POLICIES ON UNSUBSCRIBING AND OPTING OUT

Therapy Newsletter (Total Activation, LLC) provides users the opportunity to opt-in, opt-out or change preferences via a link in the footer of most email messages. These options are made available when you sign-up for our email lists and in email messages delivered from our company. Alternatively, you may email us at support@therapynewsletter.com.

Some communications (e.g. important account notifications and billing information) are necessary for all Therapy Newsletter (Total Activation, LLC) customers. You must cancel your Therapy Newsletter (Total Activation, LLC) account to unsubscribe from these communications. To cancel your Therapy Newsletter account, please email us at support@therapynewsletter.com.

POLICY ON UTILIZATION OF COPYRIGHTED CONTENT

The information, content and images provided within the newsletter is copyrighted to Total Activation, LLC and provided for distribution by current, registered members only via the Therapy Newsletter email delivery system (and no other system), via the user’s website or blog, print distribution.

The reproduction of this content using an alternative email distribution system like constant contact, AWeber is strictly prohibited and is grounds for immediate, permanent termination of the user’s account. Please note that features like automatic email delivery of content, customization with templates, pre-formatting of content and images, availability of the patient stimulator eBooks and email stimulator codes, inbuilt landing page customization and send fax capabilities are proprietary features of Therapy Newsletter. If any of the content is used outside of the Therapy Newsletter system (client’s website, blog, promotional print material), the user is completely responsible for ownership of the copyright of any added images and content edited / added by the user.

All content provided by Therapy Newsletter is intended for the use of active, registered users. If the user’s membership is ended / cancelled / delinquent then the user accepts the responsibility to take the necessary steps to cease and desist the utilization of the content of Therapy Newsletter within 10 business days in all forms of media, electronic or otherwise. Any and all content of Therapy Newsletter must be removed from all forms of media, electronic or otherwise, including but not limited to the user’s website, promotional materials, blogs and any other medium, within 10 business days. Any non-registered user of Therapy Newsletter found using Therapy Newsletter content will be subject to legal ramifications and copyright infringement proceedings for unauthorized use of content and proprietary content generated by Therapy Newsletter.

If any copyright violation of any images or content added by the user occurs in any medium including but not limited to the users website, Therapy Newsletter and Total Activation, LLC are not liable in any form. Copyright infringement is strictly prohibited and is grounds for immediate, permanent termination of the user’s account without notice. THERAPY NEWSLETTER DISCLAIMS RESPONSIBILITY FOR ANY LIABILITY ATTRIBUTABLE TO USER’S USE OF IMAGES AND CONTENT OUTSIDE OF THE THERAPY NEWSLETTER SYSTEM. THERAPY NEWSLETTER WILL NOT BE LIABLE FOR ANY CLAIMS ATTRIBUTABLE TO ANY ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE INFORMATION OR MATERIAL CONTAINED THEREIN. In no event shall Therapy Newsletter be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of any information or material on our websites. User shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and ownership of all data. User acknowledges and agrees that In Touch EMR shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data. Therapy Newsletter is not responsible for inability to perform services due to improperly formatted or corrupt files, viruses on media provided, or incompatible backup media or software. User agrees that storage or caching of data is not an infringement of any intellectual property rights or otherwise violates any applicable laws. User agrees that it will not store data on the Therapy Newsletter system that is subject to the rights of any third parties without first obtaining all required authorizations and rights in writing from such third parties.

NOTIFICATION OF CHANGES

If we decide to change our privacy policy, we will post those changes on the Therapy Newsletter (Total Activation, LLC) website so our users are always aware of what information we collect, how we use it.

STRICT ENFORCEMENT OF OUR ANTI-SPAM POLICY

Therapy Newsletter (Total Activation, LLC) has a no tolerance spam policy. Therapy Newsletter customer support actively monitors large import lists and emails going to a large number of subscribers. Any customer found to be using Therapy Newsletter for Spam will be immediately cut-off from use of the product. If you know of or suspect any violators, please notify us immediately at support@therapynewsletter.com.

Every email contains a mandatory unsubscribe link – those individuals who try to remove this link will be warned that they are doing so. If the link is removed or de-activated in any way, Therapy Newsletter (Total Activation, LLC) will terminate the customer’s account permanently.

What is Spam?

Spam is unsolicited email also known as UCE (Unsolicited Commercial Email). By sending email to only to those who have requested to receive it, you are following accepted permission-based email guidelines.

What constitutes a Preexisting business relationship?

The recipient of your email has made a purchase, requested information, responded to a questionnaire, form or a survey, or had offline contact with you.

What constitutes consent?

The recipient of your email has been clearly and fully notified of the collection and use of his email address and has consented prior to such collection and use. This is often called informed consent.

Isn’t there a law against sending Spam?

The federal anti-Spam law went into effect on January 1st, 2004 and preempts all state laws. While this new law will not stop Spam, it does make most Spam illegal and ultimately less attractive to spammers. The law is specific about requirements to send commercial email and empowers the federal government to enforce the law. The penalties can include a fine and/or imprisonment for up to 5 years.

How does Therapy Newsletter protect you from sending Spam?

Therapy Newsletter is a permission-based newsletter and email-marketing tool that follows the strictest permission-based philosophies:

Communication – Your Therapy Newsletter registration page already states why you are collecting the site visitor’s email address, how you plan to use their address, and that you are following the embedded privacy policy. Additionally, by accepting our license agreement you have agreed to use only permission-based lists and never to sell or rent your lists.

Unsubscribe – Every email generated from Therapy Newsletter contains an unsubscribe link which allows your subscribers to opt-out of future email campaigns and automatically updates your subscriber lists to avoid the chance of sending unwanted emails to visitors who have unsubscribe.

REFUND POLICY

Therapy Newsletter automatically renews all monthly and annual subscriptions via the billing information on file.

All users are entitled to a 100%, no questions asked, 30 day risk-free money back guarantee as new members. A new member is an individual or company that has never done business with us before. Any cancellations within 30 days will be processed in full.

Any cancellations made after 30 days will not be billed further, at the end of the chosen plan. No refunds will be provided after 30 days under any circumstances.

For renewals of the annual plan for existing members, you can request a refund or credit in the first 30 days after your account renewal. If a customer contacts us within 30 days after the renewal of an annual plan and decides to cancel, their renewal fee will be refunded in full. After 30 days of a renewal, there is no refund under any circumstances.

To cancel your account, please email us at support@therapynewsletter.com with your username in the subject line of the line with the word CANCEL in the subject line after your username. You can also cancel by logging into your account and following the instructions for terminating your account. Any other means of cancellation (phone calls) will not be accepted as a means of cancellation. You are also required to mail us a printed version of this email with your signature on it confirming your cancellation at:

Nitin Chhoda,

8D Yacenda Drive, Suite 1

Morris Plains, NJ 07950

CONTACT INFORMATION

You can reach us by email at support@therapynewsletter.com, by phone at 201-535-4475 or by postal mail at:

Nitin Chhoda,

8D Yacenda Drive, Suite 1

Morris Plains, NJ 07950