You agree that you will not provide any false personal information on uDreamed, or create an account for anyone other than yourself without permission. You will not create more than one personal account. If uDreamed disables your account, you will not create another one without permission from uDreamed. You will not upload viruses or other malicious code. You will not solicit login information or access an account belonging to someone else.
You agree that safeguarding the password that you use to access the Services and for any activities or actions under your password is your responsibility. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. uDreamed cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
When you use the Services, you are fully responsible for any Content you record, associate, analyze, match and share with others, including friends, groups and practitioners, and for any consequences thereof. The Content you record, associate, analyze, match and share with others, including friends, groups and practitioners will be able to be viewed by other users of the Services you chose to share or match such content. You should only provide Content that you are comfortable sharing or matching with others under these Terms.
The Services that uDreamed provides may change from time to time without prior notice to you. uDreamed may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. In addition, uDreamed retains the right to create limits on use of Services and storage at its sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, practitioner consultations and queries made through the Services, or other information. The types and extent of advertising by uDreamed on the Services are subject to change. In consideration for uDreamed granting you access to and use of the Services, you agree that uDreamed and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
All Content is the sole responsibility of the user who originated and recorded such Content. We may not monitor or control the Content recorded, posted or shared via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials recorded, posted or shared via the Services or obtained by you through the Services is at your own risk. We cannot prevent bots from scraping our site.
uDreamed does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or comment posted via the Services or endorses any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will uDreamed be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content recorded, posted, shared, matched, emailed, transmitted or otherwise made available via the Services or transmitted elsewhere.
As a user, you retain your rights to any Content you record, associate, analyze, match and share on or through the Services. By recording, associating, analyzing, matching and sharing Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for uDreamed to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other firms, organizations or individuals who partner with uDreamed for the aggregation, syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional and any uses by uDreamed, or other companies, organizations or individuals who partner with uDreamed, may be made with no compensation paid to you with respect to the Content that you record, associate, share, match, email, submit, post, transmit or otherwise make available through the Services. uDreamed may modify or adapt your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be aggregated, syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. uDreamed will not be responsible or liable for any use of your Content by uDreamed in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of uDreamed. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the uDreamed name or any of the uDreamed trademarks, logos, domain names, and other distinctive brand features.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of uDreamed, its users and the public.
You may end your legal agreement with uDreamed at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform uDreamed when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity under our Inactive Account Policy.
We do not undertake responsibility for screening or monitoring materials provided or posted or displayed by our users, practitioners, bloggers, researchers, developers, advertisers, and merchants. Opinions, advice or content expressed by users or service providers on our sites and apps are their own and are not ours or endorsed by us.
The Services offered by uDreamed on its sites and apps are not intended to be a substitute for professional advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Services, including but not limited to shared content, procedures, opinions, tests, dictionary content, blog postings, practitioner consultations and product purchases. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available offered in the Services. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Never disregard professional advice, including medical advice, diagnosis, treatment, psychotherapy, counseling, or mental health services, or delay in seeking it, because of something you have read on uDreamed sites or apps.
uDreamed does not endorse, and nothing in the Services we offer shall be deemed to be an endorsement, representation or warranty of, any third party (including practitioners, merchants, advertisers, users, developers, researchers and bloggers), whether in relation to such third party's products, services, content, procedures, opinions, tests, advice, apps, websites, experience or background or otherwise. uDreamed does not make any representations or warranties with regard to any materials posted by practitioners, merchants, advertisers, users, developers, researchers or bloggers. The information in our Consult and Shop services are provided exclusively by participating practitioners and merchants.
uDreamed does not examine, determine, or warrant the competence of any practitioner or provider listed in the Consult directory. uDreamed does not warrant that the listings in the Consult directory are currently or properly licensed. Under no circumstances should the Consult directory be used to verify the credentials of practitioners.
uDreamed may offer Users access to free or fee-based online training. Training may include live or archived audio and/or video presentation available on and accessible from uDreamed. All Users who participate in any online training offered by uDreamed do so on a completely voluntary basis. uDreamed’s provision of online training is based solely on uDreamed’s discretion.
A new licensed practitioner who registers to provide consultation services on uDreamed pays a listing fee of $15 (USD) per month or $180 per year, after six months of free listing. The practitioner acknowledges that the fee is subject to change, and that uDreamed reserves the right to revise rates and terms under this contract at any time. Practitioners may cancel their listing on uDreamed at any time without refund. Absolutely no refunds or pro-rated amounts will be given to practitioners who cancel their listing for any reason whatsoever. Requests to cancel listing is solely by email and subject to verification. If practitioner does not cancel during the free trial period, the practitioner will be billed at the end of the free trial period and at the beginning of each subsequent period.
The practitioner authorizes uDreamed to automatically charge the fee to his or her credit card either one time per month or one time per 365 days. The practitioner acknowledges that uDreamed does not save or maintain any credit card information on the uDreamed server and instead uses PayPal to store credit card information and process credit card transactions via a secure and encrypted SSL page to ensure the highest safety for all transactions. If a practitioner's account is left unpaid we will keep the practitioner's account active for up to 30 days from the time the fee payment transaction first failed. Members will continue to be responsible for paying their past due amount and any future past due amount that accrues, up to 30 days past due. If a practitioner's account is left unpaid for more than 30 days, we reserve the right to hire a third-party collection agency to collect the past due balance. When a practitioner's account goes to collections, we reserve the right to release all of the practitioner’s information to the collection agency.
Upon receiving a call, email message or other contact or query from a User, the decision to provide therapy or other services to that User, and the type and content of such services, is a matter for the professional judgment of the practitioner. Nothing in these Terms or any other documentation published by or on behalf of uDreamed on our websites or apps shall be construed or interpreted to permit the practitioner to use any of the Services provided by uDreamed for purposes of or as part of therapy or health care services for any User.
Practitioner agrees to assume all liability for listing profiles, all other listings published, and consulting services provided to Users, and agrees to assume any and all responsibility for claims occurring therefrom against uDreamed.
Practitioner agrees that all personal information shared by User before, during and after consultation are confidential and may not be transferred and shared without express written permission from the User. Practitioners shall not enter or store any personally identifiable information about any other User on uDreamed.
When you purchase listing service, practitioner consultation, advertising or product on or through uDreamed, you agree to pay all amounts specified in the order, along with any applicable taxes. If you make a payment on uDreamed by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your purchase. We will bill your card at the time you make payment transaction, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you. When you make a purchase via the Ecommerce feature or Consult feature, you are purchasing a Product from a Merchant or Practitioner, and not uDreamed. When you use the uDreamed Payments service to pay for things on uDreamed, you agree that we may communicate with you electronically any important information regarding your purchases or your account. By choosing the PayPal billing payment system, you agree that we and PayPal may exchange information about you in order to facilitate completion or reversal of payments, resolution of disputes, provision of customer support, or other billing-related activity. To prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law. We may update these Payments Terms at any time without notice as we deem necessary to the full extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UDREAMED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF UDREAMED EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID UDREAMED, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT UDREAMED HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.