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TERMS & CONDITIONS

Effective Date: August 18, 2019
Last Updated: September 29, 2024

1. Acceptance of Terms

By accessing or using the UCS Performance Psych and Testing (“UCS,” “we,” “us,” or “our”) website, ucsmed.com, and any related services (collectively, the “Platform”), you signify that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree to all of these Terms, do not use the Platform.

2. Site Usage and Medical Disclaimer

  • The Platform is a mental health service website providing informational and educational content, not intended as a substitute for professional medical advice, diagnosis, or treatment.

  • Always seek the advice of a qualified healthcare provider for any medical concerns. Never disregard professional medical advice or delay seeking it because of something you have read on the Platform.

  • If you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately.

  • Submitting information via our Platform does not establish a physician–patient relationship.

3. Communications and Messaging

  • Users may receive promotional, informational, or marketing messages from us. These messages may be sent periodically or as needed to provide updates about our services.

  • Message and data rates may apply. You are responsible for any charges your mobile carrier may impose for receiving messages.

  • To stop receiving messages, text STOP to any UCS short code (if applicable) or contact us. For help, text HELP to the same short code or email info@ucsmed.com.

4. Privacy

Your use of the Platform is also governed by our Privacy Policy. By agreeing to these Terms & Conditions, you consent to the data practices described in that policy. Please review our Privacy Policy carefully to understand how we collect, use, and share your personal information.

5. Intellectual Property

  • All text, graphics, logos, images, software, and other content on the Platform are the property of UCS or its licensors and are protected by intellectual property laws.

  • You may not reproduce, distribute, modify, or create derivative works of any part of the Platform without our prior written consent.

6. User Conduct and Content

  • You agree not to use the Platform to post or transmit content that is unlawful, threatening, abusive, harassing, defamatory, or otherwise objectionable.

  • You agree not to impersonate any person or entity or misrepresent your affiliation.

  • You agree not to upload or transmit viruses, malware, or any code that could disrupt the operation of the Platform.

  • Any content you submit to public areas of the Platform may be visible to others; exercise caution when sharing personal details.

7. Disclaimer of Warranties

  • The Platform and services are provided on an “as is” and “as available” basis. UCS makes no representations or warranties of any kind, express or implied, regarding the Platform or its content.

  • We do not guarantee that the Platform will meet your requirements or be uninterrupted, secure, or error-free.

8. Limitation of Liability

  • To the fullest extent permitted by law, UCS shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of (or inability to use) the Platform.

  • This limitation applies even if UCS has been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless UCS, its affiliates, employees, agents, and licensors from any claims, damages, losses, liabilities, or expenses arising out of your use of the Platform or violation of these Terms & Conditions.

10. Governing Law and Jurisdiction

These Terms & Conditions shall be governed by the laws of the State of California, without regard to its conflict of law provisions. Any legal action arising out of these Terms shall be filed in the state or federal courts located in Los Angeles, California, and you consent to their exclusive jurisdiction.

11. Changes to Terms & Conditions

We reserve the right to modify these Terms & Conditions at any time. If we make material changes, we will notify you via email (if available), by posting a notice on our Platform, or by updating the “Last Updated” date. Your continued use of the Platform after the changes are posted constitutes your acceptance of the new Terms & Conditions.

12. Termination

We may terminate or suspend your access to the Platform immediately, without prior notice, if you violate these Terms & Conditions or for any other lawful reason. Upon termination, provisions relating to intellectual property, disclaimers, indemnities, and limitations of liability will survive.

13. Arbitration Agreement

  • Agreement to Arbitrate: You and UCS agree that any dispute, claim, or controversy arising from or relating to these Terms or the use of the Platform shall be settled by binding arbitration, except for small claims.

  • Arbitration Procedures: Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in Los Angeles, California, unless both parties agree otherwise.

  • Class Action Waiver: Any arbitration shall be on an individual basis. You waive any right to participate in a class or collective lawsuit.

  • Opt-Out: You may opt out of the arbitration agreement by sending written notice to UCS within 30 days of accepting these Terms.

14. Modification and Termination

  • Modification of Terms: We may revise these Terms at any time by updating this posting. Continued use of the Platform constitutes acceptance of the revised Terms.

  • Termination: We reserve the right to suspend or terminate your access to the Platform at our discretion, with or without notice.

15. Contact Information

If you have questions or comments regarding these Terms, please contact:

UCS Performance Psych and Testing
1808 Verdugo Blvd #319
Glendale, California 91208
Email: info@ucsmed.com
Telephone: (818) 330-8258

16. Force Majeure

UCS shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, labor disputes, technical failures, or governmental actions.

17. Survival

All provisions that by their nature should survive termination, including those related to intellectual property, disclaimers, indemnification, and limitations of liability, shall remain in effect after termination.

18. Entire Agreement

These Terms & Conditions constitute the entire agreement between you and UCS regarding your use of the Platform and supersede all prior agreements or understandings.

19. No Waiver

UCS’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

20. Notices

We may give you any notice required or permitted by these Terms by posting on the Platform, sending an email to the address associated with your account, or by any other communication means you have provided. Notices to UCS must be sent in writing to the contact information provided in Section 15.

21. Assignment

You may not assign or transfer these Terms without our prior written consent. UCS may assign or transfer our rights and obligations under these Terms without restriction and without notice.

22. User Representations and Warranties

By using the Platform, you represent and warrant that:

  • You are at least 18 years of age or the legal age of majority in your jurisdiction.

  • You have the legal capacity and authority to enter into these Terms.

  • You will comply with all applicable laws, regulations, and these Terms.

  • Any information you provide is accurate, complete, and up-to-date.

23. No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

24. Headings

Headings are for reference only and do not affect interpretation.

25. Language

These Terms are provided in English, and any translations are for convenience only. In the event of a conflict between the English version and a translated version, the English version shall control.

26. Electronic Signatures and Records

Your use of the Platform includes the ability to enter into agreements and make transactions electronically. You agree that your electronic submissions constitute your agreement and intent to be bound by these Terms.

Important Notes

  • No Physician-Patient Relationship: Submitting information via our website does not establish a physician-patient relationship.

  • Unsecured Communication: Submitting information via our website is not secured or encrypted. We recommend calling us directly for confidential matters.

  • Consent to Electronic Communications: By providing your information, you agree to allow us to contact you via email, phone, text, video call, or other communications methods.

  • External Links: Our Platform may contain links to third-party websites. We are not responsible for the content or privacy practices of such sites.

  • Third-Party Service Providers: Our Platform is hosted by Wix.com Ltd. By using the Platform, you acknowledge that your data may be processed by Wix. Please refer to Wix’s Privacy Policy at https://www.wix.com/about/privacy.

  • Compliance with Laws: We comply with applicable data protection laws, including the California Consumer Privacy Act (CCPA) and the General Data Protection Regulation (GDPR), where applicable.

  • Cancellation Policy: To cancel or reschedule, contact us at least 24 hours in advance. Cancellations within 24 hours of a scheduled session may be non-refundable.

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