S.E.M.P.É is the brand name used for services provided by one or more of the S.E.M.P.É group of professionals.
This material is for information only. Mental Health information programs provide general health information and are not a substitute for diagnosis or treatment by a physician or other health care professional. Information is believed to be accurate as of the production date; however, it is subject to change.
Disclaimer
The diagnosis and treatment of depression and other psychiatric disorders requires a trained medical professional. Information contained in this website reflects the opinions of S.E.M.P.É. and its board of specialists, and is intended for educational purposes only. It should NOT be used as a substitute for professional diagnosis and treatment of any medical/psychiatric disorders. Please consult a medical professional if the information here leads you to believe you or someone you know may be depressed.
Terms and Conditions
READ BEFORE USE
This Terms of Use Agreement (this “Agreement”) states the terms and conditions between Social, Emotional, Mental, Personal-Development, Education (S.E.M.P.É) and you, including those you represent in use and participation, (“You”, “Your”, “User”) and governs Your use of this website (the “Website”), with a home page located at www.Mysempe.com, participation in the S.E.M.P.É. affiliated activities and use of content and materials of the Website and Programs, including the content contained therein and therefrom, including text, graphics, videos, news, advice, certification, reports, and other materials (tangible or intangible), (“Content”).
Please read the Agreement carefully.
These Terms of Use are a binding contract between You and S.E.M.P.É., regarding Your use of the Website and/or participation in S.E.M.P.É.’s Programs. By accessing, browsing, and/or using the Website and/or participating in S.E.M.P.É.’s Programs, You acknowledge and represent that You have read, understood and agree to be legally bound by this Agreement and the Privacy Policy and You represent, warrant, understand, agree to and accept all terms and conditions contained therein. If You do not accept this Agreement, including the Privacy Policy, (and therefore do not agree to by bound by this Agreement), do not use this Website or participate in S.E.M.P.É.’s Programs.
The Terms of Use are subject to change at any time, effective upon posting on the Website, and Your use of the Website or the Service after such posting will constitute acceptance by You of such changes. By accessing the Website or participating in S.E.M.P.É.’s Program, You consent to have this Agreement provided to You in electronic form.
Eligible Users
You must be 1) at least 18* years of age (* see “Note” at bottom of page); or 2) at least 13 years of age and have parent or legal guardian consent and supervision to use this Website and/or participate in S.E.M.P.É.’s Program. By using this Website and/or participating in S.E.M.P.É.’s Programs You are agreeing to the terms and conditions of the Agreement and warrant and represent that You are at least 18* years of age or are at least 13 and have consent from and are under supervision in use of a parent or legal guardian. You may not use the Website or participate in S.E.M.P.É.’s Programs 1) if You do not agree to the terms and conditions of the Agreement; or 2) if you are not at least 18* or at least 13 years of age and have parent or legal guardian consent and supervision. The Website content is NOT appropriate for anyone under 13. The Website.’s intended use is for anyone producing or learning about prevention, mental illness or bereavement material. By using the Website, You also represent and warrant that You have the right, authority and capacity to enter into this Agreement. Be advised that persons under that Age of Majority (* see “Note at bottom of page) in the State they reside or place of residence typically cannot enter into legal agreements. The Website is available to adults in the United States and all other countries. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, experience and/or eligibility for employment in the jurisdiction of the United States or any other country of any user of this Website are not the responsibility of S.E.M.P.É. S.E.M.P.É. makes no claims concerning whether the Website, Program or Content may be viewed or downloaded or are appropriate for use outside of the United States. If You access the Website from outside of the United States, Your are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Restrictions on Use
You acknowledge that this Website and S.E.M.P.É.’s Programs contain Content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed and that all these intellectual property rights are reserved. You also acknowledge that the Content is and shall remain the property of S.E.M.P.É. or any other party (each a “Contributor”) who has been involved in the preparation or publication of the Content. You shall at no time assert any claims of ownership over any Content by reason of Your use of or any right to use this Website or Program and shall not grant or create or suffer to exist any lien or other security interest arising therefrom. You agree to comply with all copyright and trademark laws and You shall not encumber any interest in, or assert any rights to, the Website, Program or Content. You must not, in whole or in part, transmit or republish Content from this Website or Program (including republication on another website); sell, rent or sub-license the Website, Program or Content from the Website or Program, or participate therein; show any Content from the Website or Program in public; reproduce, duplicate, copy or otherwise exploit Content on this Website or from the Program for a commercial purpose; create derivative works based on any Content; edit or otherwise modify any Content; or redistribute Content from this Website or Program, except for content specifically and expressly made available for redistribution. Where Content is specifically made available for redistribution, it may only be redistributed within Your organization.
You must not use the Content, Website or Program in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website or Program; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without S.E.M.P.É.’s express written consent. You must not use this Website to transmit or send unsolicited commercial communications. You must not use this Website for any purposes related to marketing without S.E.M.P.É.’s express written consent.
You agree to use the Content, Program and Website only for lawful purposes. You are prohibited from any use of the Content or Website that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.
Access to certain areas of this Website and participation in the Program is restricted. S.E.M.P.É. reserves the right to restrict access to specific areas of this Website, or indeed the entire Website, and participation in the Program at S.E.M.P.É.’s discretion.
You may print copies of Content, provided it is not specifically prohibited and that these copies are made only for personal, non-commercial use and that You maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content. S.E.M.P.É. authorizes You to view and use the Content on this Website or Program solely for Your personal, noncommercial use. The use of the Content on any other website, including by linking or framing, or in any networked computer environment for any purpose is prohibited without S.E.M.P.É.’s prior written approval.
For permission to use Content from this Website or Program or any other S.E.M.P.É. material, request written permission and provide full attribution. Permission should be requested by contacting S.E.M.P.É.. Attribution for Website or Program Content should be given as follows: “Reprinted with permission from S.E.M.P.É.
User Content and Submissions
Material (including without limitation text, images, audio material, video material and audio-visual material) (“User Material”) that You submit to the Website or for the Program, for whatever purpose, must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against You or S.E.M.P.É. (including S.E.M.P.É. PARTIES), or a third party (in each case under any applicable law). You must not submit any User Material to the Website or for the Program that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
You are responsible for providing accurate, current and complete information in connection with Your use of the Website and submission of User Material to the Website or for the Program. You are solely responsible for any User Material that You submit, publish or display (hereinafter, “post”) on the Website or submit to the Program, or transmit to other users of the Website. You agree that You will not post on the Website, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You understand and agree that S.E.M.P.É. may review and delete any User Material, that in the sole judgment of S.E.M.P.É. violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Website.
S.E.M.P.É. reserves the right to edit or remove any User Material submitted, or stored on S.E.M.P.É.’s servers, or hosted or published upon this Website.
Notwithstanding S.E.M.P.É.’s rights under these terms and conditions in relation to User Material content, S.E.M.P.É. does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.
Disclaimer and Limitation of Liability
THE CONTENT PROVIDED ON THIS WEBSITE OR IN S.E.M.P.É.’s PROGRAMS IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THIS WEBSITE OR IN S.E.M.P.É.’s PROGRAM IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO INFORMATION PRESENTED ON THIS WEBSITE OR IN THE PROGRAM CONSTITUTES LEGAL OR MEDICAL ADVICE, NOR DOES IT CREATE AN ATTORNEY-CLIENT OR DOCTOR-PATIENT RELATIONSHIP BETWEEN S.E.M.P.É. OR S.E.M.P.É. PARTIES AND ANY OTHER PARTY.
YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE AND PROGRAM AND CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF S.E.M.P.É.’s, ANY OF ITS MEMBERS, AFFILIATES OR THEIR RESPECTIVE OFFICERS, BOARD MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, VOLUNTEERS, CONSULTANTS, DONORS, ADVISORS, SUCCESSORS, ASSIGNS OR AGENTS (COLLECTIVELY THE “SAVE PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT.
NONE OF S.E.M.P.É. PARTIES WARRANTS THAT THIS WEBSITE OR PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS WEBSITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS WEBSITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. NONE OF S.E.M.P.É. PARTIES WARRANTS ANY GUARANTEES OF SAFETY, EFFECTIVENESS, ACCURACY OR COMPLETENESS OF ANY OF THE PROGRAM, WEBSITE AND CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE SAFETY, EFFECTIVENESS, ACCURACY OR COMPLETENESS OF THE WEBSITE, PROGRAM AND CONTENT IS ASSUMED SOLELY BY YOU.
NONE OF THE S.E.M.P.É. PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE AND PROGRAM OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL OF THE S.E.M.P.É. PARTIES DISCLAIM ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, PROGRAM OR CONTENT.
UNDER NO CIRCUMSTANCES WILL ANY OF THE S.E.M.P.É. PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEBSITE OR PROGRAM. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, EFFECTIVENESS, SAFETY OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE WEBSITE, PROGRAM OR CONTENT.
IN NO EVENT SHALL ANY OF THE S.E.M.P.É. PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, PROGRAM, CONTENT, SERVICE, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
THESE LIMITATIONS OF LIABILITY APPLY EVEN IF ANY OF S.E.M.P.É. PARTIES HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS.
BY USING THE WEBSITE, PROGRAM OR CONTENT YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS WEBSITE DISCLAIMER ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THIS WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, PROGRAM OR CONTENT IS TO TERMINATE YOUR USE AND/OR PARTICIPATION.
NOTHING IN THE WEBSITE OR PROGRAM DISCLAIMERS HEREIN WILL EXCLUDE OR LIMIT ANY WARRANTY IMPLIED BY LAW THAT IT WOULD BE UNLAWFUL TO EXCLUDE OR LIMIT; AND NOTHING IN THE DISCLAIMERS HEREIN WILL EXCLUDE OR LIMIT S.E.M.P.É. PARTIES’ LIABILITY IN RESPECT OF ANY MATTER WHICH IT WOULD BE ILLEGAL OR UNLAWFUL FOR S.E.M.P.É. PARTIES TO EXCLUDE OR LIMIT, OR TO ATTEMPT OR PURPORT TO EXCLUDE OR LIMIT, ITS LIABILITY. IN SUCH CASES, THE S.E.M.P.É. PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Website Links
The Website contains links to third party websites and to material contained on other websites. S.E.M.P.É. does not assert that the included links are relevant and/or useful internet resources or are a complete list. S.E.M.P.É. PARTIES ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEBSITE, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD PARTY WEBSITES, AND THE SAVE PARTIES SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. You should take precautions when downloading files from all websites to protect Your computer from viruses and other destructive programs. If You decide to access linked third-party websites, You do so at Your own risk. You should direct any concerns to the third party website’s administrator or webmaster.
Indemnification
You agree to indemnify, defend and hold harmless S.E.M.P.É. from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs (including any amounts paid by S.E.M.P.É. to a third party in settlement of a claim or dispute on the advice of legal advisers) incurred or suffered by S.E.M.P.É. in connection with (i) any claim by a third party (including an intellectual property claim) arising out of or relating to Your use of or participation in the Website, Program or Content or the materials or content You submit, post or transmit through the Website, or (ii) use of or participation in the Website, Program or Content by You in violation or breach of this Agreement or in violation of any applicable law.
Termination and Variation
Without prejudice to S.E.M.P.É.’s other rights under these terms and conditions, S.E.M.P.É. reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and Your access to all or any part of our Website or the Content, at any time and for any reason without prior notice or liability. If You breach these terms and conditions in any way, S.E.M.P.É. may take such action as S.E.M.P.É. deems appropriate to deal with the breach, including suspending Your access to the Website, prohibiting You from accessing the Website, blocking computers using Your IP address from accessing the Website, contacting Your internet service provider to request that they block Your access to the Website and/or bringing court proceedings against You.
S.E.M.P.É. reserves the right to change, suspend, or discontinue all or any part of this Website, Program or Content at any time without prior notice or liability. S.E.M.P.É. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. As such, please check this page regularly to ensure You are familiar with the current version.
Intellectual Property
Elements of this Website, the Program and the Content are protected by trademark, copyright, trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the Content for our Website may be retransmitted without the express written consent of S.E.M.P.É..
For information regarding S.E.M.P.É.’s practices and policies with respect to the collection and use of personally identifiable information, please see S.E.M.P.É.’s Privacy Policy, which is herein incorporated by reference into the Agreement.
If You believe any materials accessible on or from the Website infringe upon Your copyright, You may request removal of those materials (or access thereto) from this Website by contacting S.E.M.P.É. at [email protected].
Entire Agreement, Severability & Headings
This Agreement contains the entire agreement of the parties for this Website, Program and Content and use thereof and participation therein, and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect. If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement.
Enforcing
S.E.M.P.É.’s failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement.
Assignment
S.E.M.P.É. may transfer, sub-contract or otherwise deal with S.E.M.P.É.’s rights and/or obligations under these terms and conditions without notifying You or obtaining Your consent. You may not transfer, sub-contract or otherwise deal with Your rights and/or obligations under these terms and conditions.
Not Partners
Nothing in this Agreement makes either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
Choice of Law and Venue
By using the Website or Content or participating in the Program, You agree that any dispute arising out of the Website, Program and/or Content shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any action relating to or dispute arising out of the Content, Website, Program or this Agreement must be brought in the Florida State and Federal Courts, and the Broward County Courts, and You hereby irrevocably agree and consent to the exclusive jurisdiction and venue of such courts for the resolution of any such dispute. Any cause of action You may have with respect to the Content, Website, Program or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be barred.
Privacy
This Privacy Policy is to tell you, including those you represent in use and participation, (“You”, “Your”, “User”), what information we gather on this website (“the Website”), with a home page located at www.mysempe.com (the “Website”) and in S.E.M.P.É.’s Programs (“Program”) and how we use that information. By using this Website You accept the terms of this Privacy Policy, as well as the terms set forth in our Website Terms of Use Agreement document, which are incorporated herein by reference. This Privacy Policy applies to the Website and S.E.M.P.É.’s Programs, which is owned and operated by S.E.M.P.É. . This Privacy Policy applies to all S.E.M.P.É. programs, and we make no representations as to the privacy practices of other websites or programs. Also, this Privacy Policy applies to information we collect through methods other than this Website.
Information Collected
To maintain our Website, run S.E.M.P.É. Programs, generally operate our business, process, track and respond to requests, and update account information, we collect a variety of information about Website visitors. This section describes both the Non-Personal Information and Personal Information collected.
Personal Information
If You request information, send us an email address, send us Your name or other information, fill out certain forms that may appear on this Website, in the application and processing for any S.E.M.P.É. Program or, if permitted, place a request or order on this Website, You may provide us with information such as Your name, address, telephone number, request information and history, email address, credit card number, or similar information (“Personal Information”). You can decline to submit personal information to any of our services, in which case S.E.M.P.É. may not be able to provide those services to You.
Sharing and Using Information
Sharing, using and protecting information collected over this Website depends upon the type of information involved.
Non-Personal Information
We may use non-personal information to help us make the Website more useful to You, the Program and for other business purposes. For example, we may tell business partners how many computers visited this Website or what pages were most popular. We may prepare reports and other materials using non-personal information. We may use Non-Personal Information for any other purpose and may share Non-Personal Information with third parties.
Personal Information
If You submit personal information, You agree that we may keep a record of the personal information. For example, we may keep a record of Your name, address, and credit card number in order to receive payment for Your participating in the Program or other various requests. We also may use personal information to help us in our business, including but not limited to improving this Website and marketing, Program processing, promoting and reporting, and product development, or to contact You. We will share Personal Information only as required for Your initiated participated in the Program or to create the transactions You initiate, and if required to comply with a law, regulation, court order, or other legal process.
Information and Data Security and Integrity
We restrict access to personal information to S.E.M.P.É. employees, contractors and agents who need to know that information in order to operate, develop or improve our Website, services and Program. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations.
S.E.M.P.É. processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services or as otherwise permitted under this Policy. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
S.E.M.P.É. will provide TheraPlatform a secure environment for collecting payment online through a secure server. Any transactional data we collect is secure and protected against unauthorized access with the use of digital certificates. The SSL software encrypts all information a client inputs before it sends it to us. Credit card numbers received for services are used at the time of services and not saved after transaction is completed. Credit card information is not kept within any database.
We may change this Privacy Policy at any time and for any reason. If we change this Privacy Policy we will post the changes on the Website. You agree to any such changes as we may post in the future.
Links and Other Sites
The Website may contain links to other websites. Such links are provided for Your convenience, but we do not review, control, or monitor the privacy practices of websites operated by others. We are not responsible for the performance of these sites or for Your dealings with them. Your use of other websites is subject to the terms and conditions of those websites, including the privacy policies of those websites. If you are a visitor from outside the United States, You understand and agree that Your Non-Personal Information and Personal Information are being sent to an entity located in the United States and may pass through servers located in the United States. You consent to this transfer of Your information as well as the processing, use, and sharing of Your information as described in this Privacy Policy.
Age and Eligible Users
This Website is designed for an adult audience only. People under 18 years old must not use this Website for participation in the Program, making requests or conducting mental health services transactions without the consent and supervision of a parent or legal guardian. For age requirements, please see the “ELIGIBLE USERS” section of our Website Terms of Use Agreement document and the terms set forth therein.
We will not intentionally collect online any personal information (such as a child’s name or email address) from children under the age of 13. If You think that we have collected personal information from a child under the age of 13, please contact us as described on our Contact page.
Security
Your information is stored on TheraPlatform servers located in the United States. We and our agents who help us with hosting and secure use of the number of physical, electronics, and procedural safeguards to help protect your information. However, there is no such thing as perfect security. You agree that we are not responsible for the unlawful actions of third parties.