Terms and Conditions of Use

Thank you for visiting this Site, which is owned, operated, and funded by or on behalf of Twin Cities Therapy and Counseling Associates (TCTCA) and which features content consistent with TCTCA’s mission, vision, values, and promise. These Terms and Conditions of Use govern your use of this Site.

Please note that although the purpose of this Site is to provide information about and to promote TCTCA resources, services, and/or providers, the Site does not feature third-party advertisements. Possible conflicts of interest by contributing authors are noted when appropriate.

Your acceptance of these Terms and Conditions of Use

These Terms and Conditions of Use apply to all users of this Site. By using this Site, you are agreeing to comply with and be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you may not access or use this Site.

Your acceptance of our Privacy Policy

By agreeing to these Terms and Conditions of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy and, to the extent applicable, our Notice of Privacy Practices.

Your consent to other agreements

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms and Conditions of Use, the terms of the click-through agreement will supplement or amend these Terms and Conditions of Use, but only with respect to the matters governed by the “click-through agreement.”

Ownership of this Site and its Content

This Site, including all its Content is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of TCTCA, or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

Trademarks

Twin Cities Therapy and Counseling Associates names and logos (including, without limitation, those of its affiliates and service providers ( “Service Providers”)), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of TCTCA and/or its affiliates (the “Twin Cities Therapy and Counseling Associates Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners.

You are not authorized to display or use the TCTCA Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners.

The use or misuse of the Twin Cities Therapy and Counseling Associates Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Your client portal and health record

Information about the care and services you receive, such as medical history, current conditions, treatment plan and all treatments given, including the results of all tests, procedures and therapies, is maintained in the health record.

The TCTCA account gives secure online access to limited health information in the Client Portal to a client, or a person who the client chooses (proxy). A client’s entire health record is not reproduced online in the portal. Your provider may decide which types of information to release into your portal.

When a client and his or her spouse share an account they will both have access to billing account summary information (this information is not confidential to the client).

To ensure confidentiality, please call the business office to request a separate account.

We reserve the right to terminate access to your TCTCA account at any time, for any reason. A user’s access to the TCTCA account will be terminated if the user has misused or abused the system, violated any terms of use, or used the system for purposes other than those for which it is intended to be used.

Restrictions for minors

Parents and legal guardians may request access to their minor child’s Client Portal. The amount of information the parent will be able to see depends on the age and legal status of the minor. The limits on portal or health record access does not affect any other right the parent may have to obtain a minor child’s records.

Your privacy and security responsibilities

When you sign up to use your TCTCA account, you will be given an activation code. You will use that code to create a username and password. This username and password will allow you to view your portal.

It is important that you keep your access code, username and password completely confidential and secure. You should change your password immediately if you believe that your security may have been compromised. In addition, you should change your password regularly to help keep your account secure. You can change your password online at any time. The privacy of your health information is carefully protected by your health care providers.

If you have any questions about the security of your password, please call the TCTCA office.

You have the option to upload a profile picture to your account that will also assist in verifying your identity when you receive care and services from providers. When you upload your photograph, it will be reviewed and may be included in your electronic health record, where it will be visible to individuals with access to your health record and be shared with our affiliate partners in accordance with our Privacy Policy. It is your responsibility to ensure that your photograph is appropriate and that you are the only individual depicted in the photo. If you do not want your photo to be included in your account or your health record, you should not upload it.

Messaging

For all urgent medical matters, contact your physician’s office by phone, go to an emergency room, or dial 911.

You may receive email messages at the email address you provided to us. These messages will notify you of new messages in your account, but will not contain any confidential medical information. Any person with access to the email account to which these messages are sent will be able to see the notifications.

Shared electronic health records

If you gave consent to share your electronic health record with affiliated partners, you will be able to access all health information across all organizations through the health record.

Violation of copyrights

Twin Cities Therapy and Counseling Associates does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that 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 believe that your own work, or the work of a third party for which you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include

an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics);
your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Your statement must be addressed as follows:

TCTCA, ATTN: Partner; 5861 Cedar Lake Rd., St. Louis Park, MN 55416

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the Digital Millennium Copyright Act shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.

Your feedback

Although we do not claim ownership of User-Generated Content you post using this Site, the feedback you provide to us through this Site will be and remain our exclusive property. Your submission of feedback will constitute an assignment to us of all worldwide rights, title and interests in your feedback, including all copyrights and other intellectual property rights in your feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any feedback that you do not wish to assign to us.

Your obligations

In consideration of your use of this Site, you agree that to the extent you provide personal information to TCTCA it will be true, accurate, current, and complete and that you will update all personal information as necessary.

To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You agree that you are responsible for the security of any email address associated with your account and understand that the sharing of an email address may compromise the security of your account. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us at admin@tctca.com. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

DISCLAIMERS

WE AND OUR SERVICE PROVIDERS, MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TCTCA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TCTCA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE AND OUR SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

TWIN CITIES THERAPY AND COUNSELING ASSOCIATES AND OUR SERVICE PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED TCTCA SPOKESPERSONS. WE AND OUR SERVICE PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF TCTCA. WE AND OUR SERVICE PROVIDERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR AND OUR SERVICE PROVIDERS’ SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Links to third-party websites

This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. TCTCA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms and Conditions of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Third party applications

If you, as a client, find a third party application you would like to use to access and import your health information, TCTCA provides the ability for you to use this application. To do this, you must establish an Twin Cities Therapy and Counseling Associates account, since the security – user name and password – you set for your TCTCA account would be your authentication for any third party application to access and import your health information. TCTCA reserves the right to disable any third party application if needed.

Modification and discontinuation

We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. We also reserve the right to terminate your access to and use of this Site or any of its component parts, including the Client Portal, or to modify, edit, or block your transmissions thereto in our sole discretion. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site or your access thereto.

Waiver

Our failure at any time to require performance of any provision of these Terms and Conditions of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by TCTCA of any breach of any provision of these Terms and Conditions of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions of Use.

Severability

If any provision of these Terms and Conditions of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms and Conditions of Use will remain in full force and effect.

Governing law, jurisdiction and venue

These Terms and Conditions of Use will be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms and Conditions of Use will be venued exclusively in state or federal court in the City of Minneapolis and County of Hennepin, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

Indemnity

You agree to indemnify and hold TCTCA, its subsidiaries, affiliates, and Service Providers and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms and Conditions of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

These Terms and Conditions of Use may change

These Terms and Conditions of Use are current as of the effective date set forth above. TCTCA reserves the right to change these Terms and Conditions of Use from time to time, consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site.

Your continued use of this Site after we have posted the revised Terms and Conditions of Use constitutes your agreement to be bound by the revised Terms and Conditions of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.

Entire agreement

These Terms and Conditions of Use (together with our Privacy Policy, Notice of Privacy Practices, and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and TCTCA with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and TCTCA with respect to this Site and your use of this Site.

Definitions

The terms “Twin Cities Therapy and Counseling Associates” “TCTCA,” “we,” “us,” and “our” refer to Twin Cities Therapy and Counseling Associates, LLC, and any subsidiaries or affiliates.

The term “Content” refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content and Feedback.

The term “Feedback” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.

The term “including” means “including, but not limited to.”

The term “Site” refers to any website owned by TCTCA, on which these Terms and Conditions of Use are posted.

The term “User-Generated Content” means all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you and others post using the social networking tools we make available on this Site and that does not constitute “Feedback.”

Questions

If you have questions or concerns about these Terms and Conditions of Use, please email us at admin@tctca.com.

You may also send mail to this address: 4025 West Broadway Avenue, Minneapolis, MN 55422

First Published: 12/09/2022