Terms of Use

Agreement

This agreement by which you agree to abide in exploring and accessing the services and information from this Website governs the terms on which you the User, Purchaser or Customer ("User") are granted access to this Website, questionnaires and reports. The User assumes full responsibility for all and any actions that the User takes, and for the consequences of those actions, based partly or wholly on the information published on this Web site, the questionnaires and the reports generated. By accessing the services at InCrisis and/or by accessing the services of the professionals recommended in the InCrisis listings, the User is agreeing to the conditions and terms stated below. By providing us with a unique username and password this means that you understand and agree to our terms of use for services and information provided.

Information and services provided on the InCrisis Website is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction except State of Oregon.

This Web site is a service provided by InCrisis and does not constitute any contact with any jurisdiction outside the State of Oregon. Use of this Web site is prohibited in any jurisdiction having laws that would void this Agreement in whole or essential part or which makes accessing the Web site illegal. Users in such jurisdictions visit and use this Web site entirely at their own risk. The customer or User understands that the InCrisis web site is available on the internet and as such InCrisis cannot control who has access to the web site. Note:  The essential parts of this Agreement include, without limitation, the exclusive venue and exclusive remedy provisions and the warranty disclaimers.

This Agreement is entered into and performed in the State of Oregon, United States of America.  It is governed by and shall be construed under the laws of Oregon, exclusive of any choice of law or conflict of laws provisions.  In any claim or action directly or indirectly arising under this Agreement or related to the Web site, each party irrevocably submits to the exclusive personal jurisdiction of the Oregon State District Court sitting in Deschutes County, Oregon or of the United States Court for the District of Oregon.  Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. 

InCrisis reports are designed primarily for educational, research and documentation purposes. The results are intended to provide parents, caregivers and qualified professionals with reliable, valid and useful information. Any decision based on this report with regard to treatment, diagnosis, intervention, placement or admission to a program should be the result of consultation with a qualified mental health professional. The information contained in this report can be used for guidance but cannot replace or substitute for informed medical, educational and mental health advice. Recommendations in this report to seek further evaluation or professional assistance should be followed.

InCrisis questionnaires, reports, data or results are not to be used for research purposes or any purpose other than to support parents working with their health care professional or educational consultant. Any use of these services or product for research purposes or publication must be individually approved in writing by InCrisis. Requests to publish or copy materials on the InCrisis web site must be approved by InCrisis. Information in the Press Room and News Room may be published in total without permission.

InCrisis reports are intended to provide guidance primarily to parents and caretakers who need to document a child's history and to obtain assistance from health care professionals, behavioral health programs and educational institutions. Because the purposes are general, it is not possible to anticipate every situation or problem that is relevant or critical. Therefore, it cannot be assumed that additional information beyond that obtained from questionnaires and presented in our reports are unnecessary to document all the relevant problems, disorders, conditions and treatment options.

Information gathered for this report is not reviewed before it is transmitted to a User. Information, educational materials or forms provided by InCrisis as a good or service does not constitute health care services and does not replace the need to seek professional health care advice to insure the implementation of a reasonable standard of care, any federal or state law or regulation or contractual obligation that may apply to a health care professional. The purchase or use of InCrisis resources does not create a patient-professional relationship or an attorney-client relationship between InCrisis or with any other individual or entity.

InCrisis cannot guarantee the Web site and software generating reports will perform reliably and without error. The internet, computer hardware and software can fail. All information made available from within this Website is provided "as is" for information purposes only and without warranty of any kind, either expressed or implied. Information on the InCrisis Website may contain technical inaccuracies or typographical mistakes. Information may be changed or updated without notice and any queries relating to the information may be addressed to technical support. InCrisis support staff are available under the Contact Us link here or on the Home page. There is no charge for technical support.

InCrisis and the developers do not endorse or warrant any of the treatments, programs, interventions, medications, comments, communication, recommendations or products discussed herein. Users must consult with a qualified educational consultant and health care professional with any questions or concerns they may have regarding any condition, symptoms or behaviors. No responsibility can be accepted for information contained on links to other Websites. Please read each Website author's own disclaimer where appropriate. Inclusion of content in this report in no way implies endorsement or criticism of a particular individual, professional organization or product. InCrisis makes no representations as to the security, quality or property of any Website which may be accessed through this Website (links). Connected Websites accessed through this site are independent Websites over which InCrisis exercises no direct control.

This Web site is designed and operated to be a "Trustworthy System." This designation means computer hardware, software, and procedures (i) are reasonably secure from intrusion and misuse, (ii) provide a reasonable level of availability, reliability, and correct operation, (iii) are reasonably suited to performing their intended functions, and (iv) adhere to generally accepted security procedures.

InCrisis reports identify issues and raise relevant concerns that you should discuss with a qualified health care professional and/or educational consultant.  This Web site does not provide evaluation, assessment, treatment, diagnostic or emergency services.

InCrisis asks for identifying information for the limited purposes of responding to questions, updating your results and preparing your report. The purchaser accepts responsibility for the security of their personal password and username. No one will know that you used this Web site unless you tell them, make that information available to them or they have access to your computer records or you give them your username and password.

Information provided is not part of or considered to be a confidential health or treatment record. This information is considered private rather than privileged as would be the case of communications in established doctor-patient relationships. Many health care providers and third-party health insurance organizations can release this information to numerous organizations, businesses and people affiliated without your knowledge or consent.

InCrisis will not share or disclose information regarding its customers or prospective customers except (i) when we receive legal process such as a court order; (ii) when reasonably necessary to protect employees or assets; (iii) for internal research, (iv) with your written permission, or (v) in emergencies where someone's safety is at risk.

InCrisis will cooperate fully with any legal authorized law enforcement investigations pertaining to credit card fraud or the use of stolen cards.

All e-mail addresses will be kept private in a secure server with three levels of security. E-mail addresses will not be distributed, sold or made available to businesses or third parties. 

Under no circumstances and under no legal theory, whether in Tort, contract or otherwise, shall InCrisis or the developers be held liable for the use or misuse by a parent, caretaker or any other individual or entity of the materials or information contained or produced by InCrisis.  Any changes made to the content, appearance, or layout of the original documents are made at the user's own risk.

All material on the Web site is provided on an “as is” basis without warranty of any kind, express or implied, including, without limitation, warranties of title or noninfringement or the implied warranties of merchantability or fitness for a particular purpose. InCrisis is not responsible for any loss or damage resulting from reliance on the information or other content posted on this site or from sites linked to or from this site. InCrisis does not warrant that the use of this site will be uninterrupted and, although InCrisis maintains virus protection on this site, it cannot guarantee that this site is free from viruses of other contaminants that may damage your computer or its data.

By visiting or using the services on this website, you agree to hold harmless InCrisis, and any affiliated InCrisis entity, its officers, directors, employees and agents from and against all claims, actions, demands, liabilities, judgments and settlements, including, without limitation,  from any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this Web site, including, without limitation, any economic harm, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, worms, trojan horses, or other destructive items, delays or mistakes of any kind, even if you have previously advised InCrisis of the possibility of such claim.  The User’s sole remedy for dissatisfaction with the service is to stop using the service.

"Data" includes (without limitation) personal data or credit and payment card information transmitted by the user electronically to InCrisis (information resource) HealthSecure.Net (data security and payment transmission) or Bank of America (payment processor). Such damage shall include, (without limitation) lost profits, interruption to business, loss of the whole or any part of a program or programs, or of any data howsoever stored, whether saved on a computer system or otherwise.

Under no circumstances should anyone be required to use these services under coercion, duress or against their will. Under no circumstances should these services be used to eliminate the need for consultation with a qualified health care professional.

If you suspect a child may have a health or psychological problem, you should speak with a qualified health care professional. The information provided in this report can help a qualified health care professional understand, diagnose and find appropriate solutions or treatment. You should not share this information with your child unless you first obtain consultation and approval from a qualified health care professional.

Intervention surveys and report services provided by InCrisis are for children 12 to 17 years old. InCrisis services were not standardized for and therefore should not be used if the child suffers for any of the following:

• Severe physical handicaps, including but not limited to the following: blindness, paralysis, loss of limb, deaf...

• Significant physical defects, including but not limited to the following: missing limb, cerebral palsy, muscular dystrophy...

• Severe medical problems including but not limited to the following: diabetes, cancer, multiple sclerosis, chronic pain, seizures, aides, internal organ damage or defects...

• A medical condition requiring frequent or continuous medical monitoring

InCrisis services should not be used if,

• This child has been in a residential program, in detention or in a controlled environment over the past 4 weeks for more than 2 days.

• The User has a reading disorder

• English is the User's second language and they have any difficulty reading or understanding written English

• The User has not interacted with and observed this child for at least 4 weeks

• The User does not know this child or this child’s history

Registered names and trademarks, etc.. used in this product, even without specific indication thereof, are not to be considered unprotected by law. This Website contains proprietary notices and copyright information, the terms of which the User agrees to observe and follow.

The Term of Use agreement is available at
http://www.InCrisis.Org/TermsOfUse.html

Appropriate use of InCrisis reports is described at
http://www.InCrisis.Org/Articles/ProperUse.htm

The full Privacy and Security Statement is available at
http://www.InCrisis.Org/Privacy.html