End User License Agreement (EULA) and Terms of Use

End User License Agreement (EULA)

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This EULA agreement governs your acquisition and use of our Therapy Journal software ("Software") directly from Birdbath LLC or indirectly through a Birdbath LLC authorized reseller or distributor (a "Reseller").

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Please read this EULA agreement carefully before completing the installation process and using the Therapy Journal software. It provides a license to use the Therapy Journal software and contains usage information and liability disclaimers.

 

If you register for a free trial of the Therapy Journal software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Therapy Journal software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

 

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

 

This EULA agreement shall apply only to the Software supplied by Birdbath LLC herewith regardless of whether other software is referred to or described herein. The terms also apply to any Birdbath LLC updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

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License Grant

 

Birdbath LLC hereby grants you a personal, non-transferable, non-exclusive license to use the Therapy Journal software on your devices in accordance with the terms of this EULA agreement.

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You are permitted to load the Therapy Journal software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Therapy Journal software.

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You are not permitted to:

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• Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.
   

• Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose.
   

• Allow any third party to use the Software on behalf of or for the benefit of any third party.
   

• Use the Software in any way which breaches any applicable local, national or international law.
   

• Use the Software for any purpose that Birdbath LLC considers is a breach of this EULA agreement.
  
   

Intellectual Property and Ownership

Birdbath LLC shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Birdbath LLC.
 

Birdbath LLC reserves the right to grant licenses to use the Software to third parties.

 

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Birdbath LLC.

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It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

 

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the United States of America and the State of Maryland.

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Terms of Use

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By accessing this website we assume you accept these terms and conditions. Do not continue to use Therapy Journal if you do not agree to take all of the terms and conditions stated on this page.

 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person logged on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company, Birdbath LLC. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of United States of America. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Cookies

We employ the use of cookies. By accessing Therapy Journal, you agreed to use cookies in agreement with the Birdbath LLC's Privacy Policy.
 

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

 

License

Unless otherwise stated, Birdbath LLC and/or its licensors own the intellectual property rights for all material on Therapy Journal. All intellectual property rights are reserved. You may access this from Therapy Journal for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

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• Republish material from Therapy Journal
   

• Sell, rent or sub-license material from Therapy Journal
   

• Reproduce, duplicate or copy material from Therapy Journal
   

• Redistribute content from Therapy Journal
   

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Birdbath LLC does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Birdbath LLC, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Birdbath LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
 

Birdbath LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
 

You warrant and represent that:
 

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
   

• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
   

• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
   

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
   

You hereby grant Birdbath LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

 

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
   

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
 

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;

• dot.com community sites;

• associations or other groups representing charities;

• online directory distributors;

• internet portals;

• accounting, law and consulting firms; and

• educational institutions and trade associations.
   

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Birdbath LLC; and (d) the link is in the context of general resource information.
 

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
 

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Birdbath LLC at contact@therapyjournal.app. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
 

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
   

No use of Birdbath LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.

 

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

 

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 

Your Privacy

Please read our Privacy Policy.

 

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

 

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

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We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

 

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• limit any of our or your liabilities in any way that is not permitted under applicable law; or

• exclude any of our or your liabilities that may not be excluded under applicable law.
   

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
 

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.