Terms of Service

These Terms (the “Terms”) of service govern your access to and use of the website www.virtualemdr.com (the “Website”, “Site”).  By accessing or using this website, you are agreeing to these Terms and concluding a legally binding contract with Virtual Health Co, a US Healthcare LLC corporation.

If you do not agree to these Terms, you may not use this website or any content, features and services (the “Services”) made available by this Site. By accessing and using the Site and Services, you represent and warrant that you have the right, authority and capacity to enter into this Contract and abide by the Terms mentioned below; are legally entitled to enter into this Contract; and not prohibited by law from accessing or using the Site or Services, whether or not you are a registered user of the Services.

Introduction:
Virtual EMDR Website aims to provide a complete, online and self-guided EMDR Eye Movement Therapy Program (“EMDR”) specifically designed for treatment of people with trauma, PTSD (Post-traumatic Stress Disorder), anxiety, addictions, fears, depression and grief/loss. People with such symptoms can have the treatment using the website at home and online-at their pace. It is designed to guide users through each EMDR session. The system is easy to use and intuitive, and is supported with step-by-step instructions and self-assessment tools.

Definitions:
Parties: The terms “www.virtualemdr.com”, “Virtual EMDR”, “we”, “us”, “our”, “Company” refer to Virtual Health Co. The terms “You” and “your” refer to the user of the website. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses this Site.

Content: Content means and includes text, images, photos, audio, video, location data, and all other forms of data or communication available on the Site. “Website Content/ Virtual EMDR content” means the content we create and make available in connection with the Site. Your Content/ User Content" means Content that you submit or transmit to or in connection with the Site, such as ratings, reviews, messages, and information that you publicly display or is displayed in your account profile. “Third Party content” means content that originates from parties other than Virtual EMDR or its Users, which is made available in connection with the site.
 
Use of Website:
Eligibility:
You must be of the age of 18 years or more to access or use our Site. You must have the capacity and authority to enter into these Terms. Also, you should not have been banned by us from getting any services of this Site previously for any appropriate reason. You are permitted to use this Website subject to the Terms, conditions and restrictions mentioned in these Terms.
Access:
Your access to the Site must be in accordance with the applicable laws, these Terms of Service and the Privacy Policy of this Website. User may access and use the Site by creating an account with the site or by registering as a Guest User.
As a guest user, you can have access to the general information and the content on the Website made available for view by Users without having to sign up.

In order to access certain features of the Services you will be required to become a registered user of the Services by creating an account (“Account”) with our Site. To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. When you register or sign up an Account on our Site, you will be asked to create a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party. When creating Account, you agree to provide true, accurate, current and complete data about yourself (“Account Information”) as asked for. You also agree to promptly update your Account Information to keep it true, accurate, current and complete if any of your information changes.

You are responsible for maintaining the security of your account. You are also solely responsible for all the activities that occur in your account or in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. You must have only one account with us.  Signing up with multiple Accounts and/or your failure to maintain accurate, complete and up-to-date Account Information, may result in, without limitation, your inability to access and use the Services, for which Virtual EMDR will have no responsibility. You are solely responsible for maintaining confidentiality of your Account and your Account Information, and, except as otherwise required by Applicable Laws, you are solely responsible for use of your Account, whether or not authorized by you. We will not be liable for any loss that you may incur as a result of someone else using your password or account or any other Account Information.

If Virtual EMDR reasonably believes that any account and/or password is being misused in any manner, Virtual EMDR shall have the right to cancel access rights of such Account immediately without notice, and block access to all users from that IP address.
 
Payment and refund:
We offer different plans and packages for EMDR Sessions.  The information as to the respective plans and packages are available on our Site. You agree to pay all fees and charges associated with your Account on a timely basis and according to the fee schedule, the terms and the rates as published by Virtual EMDR from time to time. The payment for the respective plans and packages or services availed by you shall be made via credit or debit card.  You agree to maintain valid credit card information in your Account. By providing Virtual EMDR with credit or debit card information you authorize Virtual EMDR to bill and charge your credit or debit card. Virtual EMDR uses a secure third-party membership management system. Virtual EMDR does not store or have access to your credit card information.

Free Trial and Provision for Money back:
5.1 Virtual EMDR also provides certain services on free trial basis. The information related to such Free trials is be available on the Website. The Virtual EMDR 3 month subscription offers a 7-day Risk-Free Trial to all new users. User can sign up for membership and try Virtual EMDR risk-free for 7 days. If the User decides that the program is not for him/her, he/she can cancel the membership. The trial will be provided according to the information available about the same on the Website, these Terms and the Privacy Policy. Availability of free trial is not a matter of a right for the Users and will be subject to changes in the Website.

5.2 Virtual EMDR does not want your money unless we earn it by helping you. Hence, we also provide option of ‘30 days Money Back Guarantee’. If you are not completely satisfied with the services, you can cancel anytime during the initial 30 days for a full refund.  The information as to the provision of money back guarantee is be available on the Website. The money back provision will be in accordance with the information available about the same on the Website, these Terms and the Privacy Policy.
 
Material provided by us:
The material, instructions and self-assessment tools provided by us to you in any form as part of your session, plan or package shall be used solely for the purpose of your therapy and benefit. The material, instructions and self-assessment tools given to you may differ from the material, instructions and self-assessment given to somebody else, depending on their plans and needs. We strictly deny you from giving the material, instructions and self-assessment tools given to you for your purposes to any third person or user. We will not be responsible for any ill-effect or no-effect on such third person using such material given by you.
 
Purpose of use:
We grant every user right to use the content available on the site subject to these Terms of Service. You may not use the content or services provided by Virtual EMDR or available on the site for any purpose that is unlawful or prohibited by the Terms of Service. The services and Virtual EMDR content are offered solely for User’s personal use for the purposes and prohibitions mentioned in the Terms.
 
Prohibited uses:
You agree not to (and not to allow, encourage or enable any third party to): take any action that may impose an unreasonable load on the Website;utilize any device, software, or method that will interfere or attempt to interfere with the functionality of the Services; send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third party website;
rent, lease, copy, provide access to or sublicense any portion of the Services or Virtual EMDR Content to a third party;
reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable laws; collect or attempt to collect personally identifiable information of any person or entity without their express written consent; copy, modify or remove any Services or Content or create any derivative product from any of the foregoing; remove or obscure anything contained in the Services or Content; use the Services or Content for any illegal purpose or unauthorised use or in violation of the Terms or any applicable law; use the Services for a purpose and in a manner that may interfere with any other party’s use and enjoyment of any Services, attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means.

You agree that you shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that –belongs to another person and to which you do not have any right to; is harmful, abusive, defamatory, obscene, invasive of another’s privacy, hateful, or racially, ethnically  or religiously objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;infringes any Intellectual Property or other proprietary rights of any person or entity;interrupts any other person’s use of the Site;violates any law for the time being in force;deceives or misleads the addressee about the origin of such messages or communicates any information which is offensive or unlawful in nature;contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
 
No guarantee for the results:
We make all reasonable efforts to provide EMDR guidance and therapy as described above in these Terms to every user for the best results. In Beta testing, nearly 90% of participants said that they felt the EMDR was effective and was the key to getting them to overcome the problem. However, it will not work for every single person, nor is it appropriate for people with the most severe and complex of mental health problems.​ We do not give you any guarantee regarding results you will get after using Virtual EMDR sessions and services due to variations in effect of the therapy on case to case basis. We will not be responsible if the result achieved by you is not as per your expectations.  
 
Medical Advice:
The services provided by Virtual EMDR cannot and are not intended to provide medical advice. We advise you to seek advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. We also advise you not to disregard, avoid or delay in obtaining medical advice from your doctor or healthcare provider if you suspect that you have developed or aggravated any medical problem or condition because of your use of the services or programs provided by us or .
 
The content on the Site is not and should not be considered medical advice or a substitute for individual medical advice, diagnosis, or treatment. You should always talk to your medical professionals for diagnosis and treatment, including information regarding which treatment may be appropriate for you. None of the information on the site represents or warrants that any particular therapy or treatment is safe, appropriate, or effective for you.
 
User Data Privacy:
10.1 Virtual EMDR may need, with your consent, your personal information including but not limited to name, username, password, contact number and other contact details, details regarding the symptoms with your mental condition, your medical history, payment information, credit/debit card information and any other information required for meeting the purpose of this website. The data is used by us only to provide services requested by you, resolve disputes; troubleshoot problems thereto, meeting your requirements, conducting surveys, detect and protect us against error, fraud and any other criminal activity; enforce our terms and conditions; as and otherwise described to you at the time of collecting such data and for no other purposes.

10.2Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce and apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry; (iv) protect our rights, reputation and property, or that for our users, affiliates, or the public.

10.3Virtual EMDR is committed to helping you safeguard your privacy online. Please review our Privacy Policy for details about how we collect, use, and disclose information in connection with the services. You represent that you have read and understood our Privacy Policy and agree to the collection, use, storage and processing of your personal information by us to the restrictions in the Privacy Policy.
 
Termination of Account:
Virtual EMDR expressly reserves all its rights and remedies under applicable laws including the right, in its sole discretion, to refuse or restrict service, terminate your account/part of your account, terminate/suspend your access to the services or the site, terminate this agreement, refuse/remove any content available on the site, edit any content available on the site, refuse or deny access to the services when it seems to be appropriate, with or without any prior notice of violation of Terms of Service.
 
Intellectual Property Rights:
All the Website Content including but not limited to text, graphics, photographs, software, features, material, video and audio content and the like, unless otherwise stated, is subject to intellectual property rights of Virtual EMDR under applicable laws.
 
When you use our Services or Site you may access intellectual property rights that we or our licensors own or license. Subject to your compliance with the terms and conditions of these Terms, Virtual EMDR grants you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by Virtual EMDR solely for your personal and non-commercial purposes. You must not use, repost, republish, reproduce or copy any of such content without express written prior permission of Virtual EMDR. You must also not sell or distribute content to third parties, prepare derivative works or otherwise exploit the content. Any act on your part doing the acts prohibited by this clause will amount to infringement of our Intellectual Property Rights.
 
Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Virtual EMDR Content by User shall constitute a material breach of this Agreement. Virtual EMDR retains all rights in the Services and Virtual EMDR Content and any associated patents, trademarks, copyrights, trade secrets, or other intellectual property rights. No license, right, or interest in any Trademark or Intellectual Property of Virtual EMDR or any Third Party Content is granted to User under these Terms.
 
Extracting data from website database:
The framing, scraping, data-mining extraction or collection of any data from the Site in any form and by any means with or without the use of any automated system or software to extract data including but not limited to, robots, spiders, scrapers or harvesting bots is strictly prohibited unless there is a directly concluded written license agreement with us which permits you to have access on such data. You may only use or reproduce data on our website for your personal and non-commercial use. Also, you may not mirror any material contained in the database of our Site.
 
DMCA:
If you believe that any material located on or linked to by Virtual EMDR Site violates your copyright, you are encouraged to notify Virtual EMDR via email in accordance with the Digital Millennium Copyright Act (“DMCA”). Virtual EMDR will respond to all such notices, including if required or appropriate by removing the infringing material or disabling all links to the infringing material.
 
Third party links:
The Site may have links that lead to third party websites or applications (“Third Party Site”). These links are put for the purpose of providing requested services only. We do not control or endorse any Third Party Site.  We do not verify the content or products of the third party sites. Relying on content and services of the third party sites or using them will be on your own risk. You agree that we are not responsible for the availability or contents of such Third Party Sites.
 
Indemnification:
You agree to defend, indemnify and hold harmless Virtual EMDR, its parents, subsidiaries, affiliates, associated companies and the respective directors, employees, contractors, suppliers partners, agents and representatives from all liabilities, claims, damages, losses, expenses, actions including without limitation attorneys’ fees arising from or relating to (i) your access to or use of the Site, Services and Content, (ii) User Content provided or used by you, (iii) your violation of the Terms, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Virtual EMDR reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Virtual EMDR. Virtual EMDR will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
 
 
Limitation of liability:
To the extent permitted by law, in no event will Virtual EMDR or its licensors or affiliates be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of or in connection with your use of the services, the site, or the content, whether the damages are foreseeable and whether or not Virtual EMDR has been advised of the possibility of such damages in advance. If you are dissatisfied with the services, the site or the content, or the Terms, your sole and exclusive remedy is to discontinue using the site.

Virtual EMDR will not be liable for any consequences of your use of this site except expressly provided in these Terms.  Virtual EMDR accepts no liability for the results of the services provided by them, including inaccurate or inappropriate results.  Virtual EMDR will also not be responsible or liable for your use of this Website for making payments. The transaction is performed on third party platforms. Any loss or damages suffered by you as result of such transaction will be  matter to be dealt by you and the platform used by you. Also, we are not liable for any loss suffered by you because of using the content available on third party links. Their website will be governed by their Terms of Service and Privacy Policy which we do not have control over.
 
Disclaimer of warranties:
Access to the service and the information contained therein is provided “as is” and “as available” without any warranty of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, Virtual EMDR disclaims all warranties of any kind, either express or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.

Without limiting the foregoing, Virtual EMDR does not warrant that access to the service will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does Virtual EMDR make any representations about the accuracy including, but not limited to, any information provided through the services or their applicability to your individual circumstances, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the service or any of the information contained therein. You expressly agree that your use of the service and your reliance upon any of its contents is at your sole risk.

You shall be solely and fully responsible for any damage to the service or any computer system, any loss of data, or any improper use or disclosure of information on the service caused by you or any person using your username or password. Virtual EMDR cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any protected information, advice, ideas, information, instructions or guidelines accessed through the service.
 
General representation and warranties: ​
You represent and warrant that (i) your use of the Site will be in strict accordance with the Terms, Virtual EMDR’s Privacy Policy, and all applicable laws and regulations and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights or any other proprietary right of any third party.
 
International Use:
Virtual EMDR makes no representation that the information and services provided on the Service are applicable to, appropriate for, or available to users in locations outside the United States. If you choose to access the site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
 
No Affiliation:
Virtual EMDR is an independent entity and is not affiliated with any EMDR industry organizations, groups, different EMDR governing bodies, or national or international EMDR organizations.
 
Governing Law and Jurisdiction:
These Terms of Services shall be governed by and construed in accordance with the laws of the State of Colorado.  Any dispute arising out of subject matter of these Terms shall be governed by the competent courts of State of Colorado.
 
Modification or amendment in Terms:
We may, from time to time, in our sole discretion, with or without notice amend, update or modify these Terms at our sole discretion. Such amendments, updates or modifications will be effective when published on or through the Services or Site. It is your responsibility to check and review these Terms regularly. Your continued access or use of the Site after any such modifications or amendments shall indicate your acceptance to continue to be bound by the Terms as modified or amended.
 
Modification/ Discontinuation of services:
We reserve the right, in our sole discretion, to modify or discontinue the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Site. We will have no liability to you for any of the foregoing actions. If you object to any such changes or modifications, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services.
 
Severability:
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
 
Force majeure:
We shall not be liable for any failure to perform obligations hereunder due to any cause beyond our reasonable control including but not limited to mechanical, electronic or communications failure, degradation, natural calamity, civil disturbance or any other unforeseeable act that cannot be prevented by the reasonable efforts of Virtual EMDR.
 
Assignment:
These Terms are not assignable, transferable or sub-licensable except with our prior written consent. We hold right to assign, transfer, sub-license or delegate any of the rights and obligations hereunder without consent.
 
No agency:
These Terms of Service do not create any partnership, agency, joint venture or employer-employee relationship and neither party has any authority to bind the other party in any respect.
 
No waiver:
Any failure on Virtual EMDR’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of Virtual EMDR to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
 
Contact Us:
We encourage you to contact us at [email protected] if you have any questions concerning our Terms.