Terms of Service
IF YOU THINK YOU OR SOMEONE ELSE MAY BE HAVING A MEDICAL OR PSYCHIATRIC EMERGENCY, CALL 911.
DO NOT USE THIS WEBSITE.
THIS WEBSITE IS NOT DESIGNED FOR USE IN EMERGENCY SITUATIONS. OUR COMMUNITY OF MENTAL HEALTH PROFESSIONALS DO NOT PROVIDE EMERGENCY ASSISTANCE.
THE INFORMATION PROVIDED ON THIS WEBSITE IS NOT MEDICAL ADVICE. THE INFORMATION ON THIS WEBSITE SHOULD NEVER BE ACCEPTED OR RELIED UPON AS MEDICAL ADVICE.
This Website provides mental health and wellness information as well as contact information for Therapists. The information provided on this Website is not a substitute for the advice of a qualified health care professional. Always seek the advice of a qualified health care professional regarding any medical or psychiatric symptoms or conditions. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.
Welcome to the Session in Progress, Inc. website and online services. Our mission is to help connect people seeking mental health services with licensed mental health professionals. We provide an online information and communications service, including but not limited to various subscription services, appointment and messaging service, healthcare-related content, news, blogs, consumer and health care professional login services, and any other services provided on this website (collectively referred to as the "Website”). We make the Website available to you in exchange for your agreement with both the Terms of Service below and our Privacy Statement (collectively the “Agreement"). Session in Progress, Inc. is the manager and operator of the Website and is variously referred to below as "we," "us," or "our." Any person or entity accessing, using, or subscribing to part or all of the Website, either directly or indirectly is variously referred to as "you" or "your".
The following are the Terms of Service of this Website. These Terms of Service, together with our Privacy Statement, govern your access and use of Session in Progress’ Website and related services. Please read them carefully. THIS IS A BINDING CONTRACT WITH YOU. BY ACCESSING, USING, OR SUBSCRIBING TO ANY OR ALL OF THE WEBSITE OR OUR SERVICES, YOU ARE ACCEPTING ALL OF THIS AGREEMENT, INCLUDING AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE NOTE THAT LINKED WEBSITES, SOFTWARE PROVIDERS, AND THEIR SERVICES (INCLUDING SPECIFIC FUNCTIONALITIES) MAY BE SUBJECT TO ADDITIONAL TERMS OF SERVICE OR OTHER AGREEMENTS. BY USING ANY RELATED WEBSITE OR SUBSCRIBING TO OR USING ANY OF THE SERVICES ON THOSE WEBSITES, YOU ARE ACCEPTING ALL OF TERMS OF SERVICE OR OTHER AGREEMENTS THAT APPLY TO THOSE WEBSITES AND SERVICES.
BY USING THE WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT TO THIS AGREEMENT, DO NOT USE THIS WEBSITE.
The Website may be used to connect people seeking therapy with a mental health professional. Our role is limited to enabling an initial connection between those seeking and providing mental health services. We do not provide medical or mental health services and do not participate in the provision of medical or mental health services by members of our community of mental health professionals or others. This Website is not intended to provide information regarding medical or psychological treatment or medications that may be appropriate for you, and you should disregard any such advice if you believe you have received it through this Website.
Any interactions between those seeking and providing mental health services following the initial connection we facilitate will be directly between the seeker and provider of these services. Every member of our community of mental health service providers (“Therapist”) provides their services independently of our company. This means that no Therapist acts as an employee, agent, or other representative of ours when providing mental health services. Similarly, every person seeking mental health services (“Client”) through our website is acting independent of our company and are not acting as an employee, agent, or other representative of ours when seeking mental health services. To be clear, each Therapist and each Client will decide on their own whether and to what extent they will pursue an interaction with the other. We make no promise or guarantee that a consultation or treatment relationship will be created merely because a connection between a Therapist and Client is provided or requested.
We do require that every Therapist joining our community meet certain standards before they can be listed on our Website. We do not qualify Clients. While we hope all interactions between Therapists and Clients introduced through our Website are satisfactory and beneficial, you understand and agree that we take no responsibility for your interactions with anyone connected to you through our Website. You further understand and agree that anyone introduced to you through our Website may not be appropriate for your needs, situation, or expectations. Should any interaction with a referral from our Website not meet your needs or expectations, you should communicate with them directly or seek other connections.
We reserve the right to reject a prospective Therapist if, based on our sole discretion, the prospective Therapist does not meet our professional standards or is not compatible with our business objectives. We do not discriminate based on age, race, national origin, gender, gender identity, religion, sexual orientation, or disability.
We have no control over the advice of a Therapist or the actions of a Client and are not responsible for their availability or the content of your interaction. As such, we do not endorse and are not responsible for any content, advertising, products, services, or other materials or information provided by a Therapist or Client. We make no guarantee or promise regarding any outcome in consulting with a Therapist or Client. To the greatest extent allowed by law, we are not responsible for your use of, or reliance upon, any content, advertising, products, services, other materials, or other information exchanged between a Therapist and a Client.
We provide interactive online services to facilitate communication between Therapists and Clients. These services may include, but are not limited to, email, appointment creation, and messaging services. In consideration for access to our Website, you agree and accept that any of the following actions shall constitute a material breach of these Terms of Service:
Using another person’s access information or pretending to be another person
Using our messaging service for any purpose that violates this Agreement or other of our posted policies, the laws of an applicable nation, state, or local laws or relevant administrative agency policy or guideline
Using this Website if we have previously disabled an account of yours for violating this Agreement
Transmitting any information that is either unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, misleading, fraudulent, or hateful to any person, group, or entity
Using our services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
Transmitting any information that may infringe or otherwise violate the intellectual property, privacy, or publicity rights of others
Collecting or accessing information from our Website using automated means without prior written permission, or attempting to access data you do not have permission to access
Intentionally distributing any type of harmful computer code or doing anything that could disable, overburden, or impair the working or appearance of our Website or related services
All determinations regarding violation of this Agreement will be made completely at our sole discretion. We expressly reserve the right, again at our sole discretion, to terminate your access to any interactive services or the Website due to any act that would constitute a violation of this Agreement. Should there be any inconsistency between these Terms of Service and our Privacy Statement, these Terms of Service shall govern.
Website Information and Availability
Our Website provides mental health and wellness information as well as contact information for Therapists. THE INFORMATION PROVIDED IS NOT MEDICAL ADVICE. THE INFORMATION ON OUR WEBSITE SHOULD NEVER BE ACCEPTED OR RELIED UPON AS MEDICAL ADVICE.
THIS WEBSITE IS NOT A SUBSTITUTE FOR THE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT THAT YOU RECEIVE FROM YOUR HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR HEALTH CARE PROVIDER REGARDING ANY MEDICAL OR PSYCHOLOGICAL CONDITION. NEVER DISREGARD THE ADVICE OF YOUR HEALTH CARE PROVIDER OR DELAY SEEKING ADVICE BECAUSE OF SOMETHING YOU READ ON OUR WEBSITE.
We believe it is important to protect the information you provide to us. We have confidentiality policies limiting access to and use of your information. We have security measures to protect your information. For more information, please see our Privacy Statement. We ask that you also take your privacy seriously and be sure to take basic precautions to keep your information safe. Please ensure your computer and Internet connection are secure and, if you have an account with us, please do not share your access information with others and be sure to keep it confidential.
We will attempt to maintain the integrity and accuracy of the information on our Website. However, we make no guarantees as to the availability, correctness, completeness, or accuracy of any information on our Website. Our Website may contain inaccuracies, errors, omissions, or statements of opinion by individual authors that do not represent our views. We cannot guarantee that any of the content provided through our Website is accurate, up-to-date, unbiased, or that the source of any content is fully accurate or applies to all situations. There is also always a possibility that a third party has made unauthorized alterations, deletions, or additions to our content without our knowledge.
The information on our Website may be authored or produced by mental health professionals or licensed from outside sources. Our Website may include hyperlinks to external websites with information about third party products and services. We have no control over external websites and are not responsible for their availability, content, privacy practices, or security. As such, we do not endorse and are not responsible for any content, advertising, products, services, or other materials or information available from such external websites. We are not responsible for your use of, or reliance upon, any such materials or information on such external websites.
The inclusion or discussion of specific products or services on the Website are discussions by individual content providers and do not constitute or imply our recommendation or endorsement of such products or services unless specifically stated otherwise. Not all of the treatments or interventions described in this Website will be offered by a Therapist. We are mindful that some information in the articles we post may be biased. If we are made aware that a contributor has or may reasonably be perceived to have a conflict of interest, we reserve the right to remove the content, exclude the content provider from contributing to particular topics, or include a disclosure of any potential or perceived conflict as part of the posted content at our sole discretion.
Should you believe that any information on our Website is inaccurate or has been altered without authorization, please contact us at email@example.com.
Changes to the Website
From time to time we may make changes to the Website or this Agreement (including any information and policies linked to this Agreement), make changes in services described on the Website, or add new features at any time without notice. When we make material changes that modify how we use existing information about you, we will make efforts to notify you. Any such change will become effective on the date we post the new Agreement on our Website and will apply to the greatest extent permitted by law. We encourage you to regularly check for updates to the Agreement and to review the Agreement in its entirety when there are updates.
YOU AGREE AND ACCEPT THAT YOUR ACCESS TO OR USE OF OUR WEBSITE ON OR AFTER CHANGES TO THE AGREEMENT ARE POSTED TO OUR WEBSITE CONSITUTES YOUR ACCEPTANCE OF THE AGREEMENT AS IT APPEARS AT THE TIME OF YOUR ACCESS TO OR USE OF THE WEBSITE.
Use by Children Prohibited
It is our policy that only those thirteen and older and representatives of minors may access and use this Website.
Disclaimers and Limitation of Liability
THE WEBSITE AND ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH ALL FAULTS. NEITHER WE NOR ANY OTHER PERSON OR ENTITY MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (INCLUDING HYPERLINKED WEBSITES). WE MAKE NO GUARANTEES THAT OUR WEBSITE, THE SERVICES PROVIDED THROUGH OUR WEBSITE, OR THE CONTENT AVAILABLE ON OUR WEBSITE WILL BE SAFE, SECURE, ERROR-FREE, OR AVAILABLE.
We do not warrant that the Website, or any of our products or services (including software) included on or otherwise made available to you through the Website or hyperlinked websites, their servers, or electronic communications sent from us are free of viruses, worms, trojan horses, or any other harmful components. You are responsible for backing up your data on your computer hard drives so that you can reconstruct any lost data.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE CONTAINED IN THE WEBSITE OR GIVEN BY US OR ANY OTHER PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, OUR EMPLOYEES AND REPRESENTATIVES) SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
YOUR USE OF THE WEBSITE IS VOLUNTARY AND AT YOUR OWN RISK. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON OUR WEBSITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES BY US UNLESS SPECIFICALLY STATED OTHERWISE.
Limitation of Liability
This section limits our liability to you.
UNDER NO CIRCUMSTANCES WHATSOEVER SHALL WE (Session in Progress, Inc.) OR ANY OF OUR SPONSORS, MEMBERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, AGENTS, CONTENT PROVIDERS, REPRESENTATIVES, DIRECTORS, SHAREHOLDERS, SUCCESSORS, ASSIGNS, OR ANY OTHER RELATED PERSONS OR ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, ITS RELATED SERVICES AND PRODUCTS, CONTENT CONTAINED WITHIN THE WEBSITE, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE, ITS RELATED SERVICES AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE WEBSITE OR THOSE SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW SUCH DISCLAIMER OR LIMITATION OF WARRANTIES, LIMITATIONS OF LIABILITY, OR THE EXCLUSION FROM LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS. SHOULD A RELEVANT JURISDICTION EXCLUDE OR LIMIT THE SCOPE OF THESE DISCLAIMERS, LIMITATIONS OF WARRANTIES, LIMITATIONS OF LIABILITY, OR EXCLUSIONS FROM LIABILITY, THESE TERMS WILL BE APPLIED TO THE GREATEST EXTENT PERMITTED BY THIS RELEVANT JURISDICTION.
Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and we (Session in Progress, Inc.) agree that this Agreement affects interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). This Arbitration Agreement and Class Action Waiver affects both your and our rights. This Arbitration Agreement and Class Action Waiver shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of conflict or choice of law rules.
This Arbitration Agreement and Class Action Waiver is intended to be interpreted broadly and governs any and all dispute, controversies, or claims between you and us, including but not limited to claims arising out of or relating to any aspect of your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, any content available on or through our Website); whether the claims asserted are arbitrable; and claims that may arise after the termination of the Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property claims and small court claims. Disputes relating to the enforcement or validity of our, our licensors’, or your intellectual property rights are specifically exempt from this arbitration provision. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
By agreeing to the Agreement, you agree to resolve any and all disputes with us as follows:
Initial Dispute Resolution
Most disputes can be resolved without resort to litigation. If you have a dispute, send a Notice of Dispute by U.S. Mail to:
Session in Progress, Inc.
ATTN: Legal Department
10775 Pioneer Trail Ste 216A
Truckee, CA 96161.
Tell us your name, address, how to contact you, what the problem is, and what you want. Except for certain intellectual property and small claims court claims, you agree to use your best efforts to settle any dispute, claim, question, or disagreement directly through consultation with us. You further agree that good faith negotiations shall be a condition to either you or Session in Progress initiating a lawsuit or arbitration. After forty-five (45) days, you or we may start an arbitration if the dispute is unresolved.
Small Claims Court
Instead of mailing a Notice of Dispute, you may sue us in small claims court in the county of your principal place of business or Nevada County, California, if you meet the small claims court’s requirements. We hope you will mail a Notice of Dispute and give us forty-five (45) days to try and resolve it, but you do not have to do this before going to small claims court.
If we cannot agree upon a solution within forty-five (45) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either you or we may initiate binding arbitration as the sole means to resolve claims, subject to the arbitration terms set forth here. Specifically, all claims arising out of or relating to this Agreement (including the Terms of Service or Privacy Statement’s formation, performance, and breach), your relationship with us, or your use of our Website shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The Tribunal will consist of one arbitrator. The place of arbitration will be Sacramento, California. The language to be used in the arbitral proceedings will be English. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the Agreement, including but not limited to any claim that all or any part of the Agreement is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, we will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
You and we understand that, absent this mandatory arbitration provision, you and we would have the right to sue in court and have a jury trial. You and we further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. Otherwise, the claim is permanently barred.
You may reject any change we make to this Arbitration Agreement and Class Action Waiver (other than address changes) by sending us notice within thirty (30) days of the change by to info@ sessioninprogress.com.
If you do, the most recent version of this Arbitration Agreement before the change you rejected will apply.
Class Action Waiver
You and we further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and that you and we expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception for Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding you and our decision to resolve all disputes through arbitration, either you or we may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect you or our intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).
30-Day Right to Opt Out
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to create your Account) written notice of your decision to opt out to info@ sessioninprogress.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your agreement to these Terms of Service; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, we also will not be bound by them.
Changes to This Section
We will provide thirty (30) days’ notice of any changes to this Arbitration Agreement and Class Action Waiver section, either by posting on the Website, sending you a message, or otherwise notifying you when you are logged into your account. Amendments to this Arbitration Agreement and Class Action Waiver section will become effective thirty (30) days after they are posted on the Website or sent to you.
Changes to this Arbitration Agreement and Class Action Waiver section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the “Arbitration and Class Action Waiver” provision and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.
This Arbitration and Class Action Waiver section shall survive any termination of the Agreement.
If the arbitration agreement or class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will not be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this Arbitration Agreement and Class Action Waiver is found to be illegal or unenforceable, that provision will be severed but the rest of this Arbitration Agreement and Class Action Waiver still applies.
Choice of Law
For any claim, cause of action, or dispute you have against us that arises out of or relates to the Agreement or our services, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in Nevada County, California. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Delaware will govern these Terms of Service and any claim, without regard to conflict of law provisions. Should any version of the Uniform Computer Information Transactions Act be enacted as part of Delaware Law, the statute shall not govern any aspect of this Agreement.
Unless stated otherwise, all content on our Website, including text, graphics, logos, icons, photos, images, forms, audio, video, and software, is either our or our licensors’ property and is protected by United States and international copyright laws. We allow you to view or download a single copy of the material on the Website solely for your personal, noncommercial use. Any use of these materials, or of any materials contributed to the Website by others, on any other website or networked computer environment for any purpose, is prohibited unless we specifically authorize otherwise in writing.
We reserve any rights not expressly granted by this Agreement. Content and features of the Website are subject to change or termination without notice in our sole discretion.
DMCA Takedown Policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that any information or materials appearing on our Website infringe your copyright, you (or your agent) may send us a notice requesting removal of the information, or that access to the information be blocked.
Should you have a good faith belief that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website.
In accordance with the DMCA, we have designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:
Agent: Compliance Department
Address: Session in Progress, Inc.
ATTN: Legal Department
10775 Pioneer Trail Ste 216A
Truckee, CA 96161
Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.
"Session in Progress" and the Session in Progress logo are trademarks of Session in Progress, Inc. Other proprietary marks belonging to us or third parties may be designated as such through use of the TM, SM, or ® symbols. Website users are not authorized to make any use of the our marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by Session in Progress, Inc. or a third party.
Your right to use or access the Website is personal and specific to you. You may not assign or transfer your right to use or access the Website to any third party. We reserve the right to assign and transfer user information to a successor-in-interest or new owner if or when we, or a service we provide, are acquired in whole or in part by or merged with another entity or organization.
Invalidity of a Term
If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition shall be deemed removed from this Agreement and shall not affect the validity and enforceability of any remaining conditions. The remainder of the Agreement will be interpreted to include the provision to the greatest extent permitted by law.
Linking to this Website
We only consent to links to our Website where the hyperlink and the pages that are activated by the link do not: (a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with us; (c) imply that we approve or endorse you, your website, or your service or product offerings; or (d) present false or misleading impressions about us or otherwise damage the goodwill associated with our name or trademarks. As a further condition to being permitted to link to this site, you agree that we may at any time, in our sole discretion, terminate permission to link to our Website. In such event, you agree to immediately remove all links to our Website and to cease any related use of our intellectual property.
Reservation of Rights
We reserve all rights not expressly granted to you.
Last Updated: November 4, 2021