GENERAL NOTICE and CONDITIONS OF USE
Counseling Center (SCC), through MyDuiGuy.com, is happy to provide alcohol/drug
evaluation services for those who desire a more convenient and private
evaluation session from their home or office, subject to the terms of
this Agreement. SCC may modify this Agreement at any time via publication
over our website. You, hereafter referred to as the "Client",
agree to use the services of SCC and MyDuiGuy.com in accordance with the
terms and conditions outlined below. The term "SCC" refers to
the corporate entity, Springtime Counseling Center, as well as its directors,
officers, agents, employees, successors and assigns.
Depending on the option for services that Client selects, it is important to note that receiving an evaluation over the internet can influence the communication between you and the counselor. Omitting information on your computer,
the telephone, or videophone can result in an inaccurate evaluation of
your situation. Therefore, you, the Client, play a very important role in
making these evaluations accurate and beneficial.
must be further understood that counselors in association with MyDuiGuy.com
and SCC are alone responsible for their actions. SCC takes steps in selecting
Associate Counselors to be certain that the counselors are well qualified
and are licensed or certified to do evaluations in their respective state(s)
or country, however, they are not an employee or agent of MyDuiGuy.com
or Springtime Counseling Center and MyDuiGuy.com and SCC assume no responsibility
for any act or omission of the counselor either prior to or after Client
has agreed to complete an evaluation. Clients of MyDuiGuy.com services
understand and agree that although the counselor was randomly assigned
through the MyDuiGuy.com service, MyDuiGuy.com and SCC cannot predict
the counselor's performance or personal actions and only the Client can
judge the counselor's compatibility with their needs. Client also understands
that he/she takes full responsibility for the decision to engage the counselor
through the MyDuiGuy.com service.
regarding any of the Associate Counselors with MyDuiGuy.com should be
brought to the attention of SCC which will cooperate in coordinating your
comments or complaints with the counselor in question as well as that
counselor's state licensing and regulatory board, if needed. Should Client
have a grievance, he/she should immediately bring it to the attention
of their counselor. Client should be specific, noting the date, time, what
was involved, and the basic circumstances of the grievance. If not resolved,
the Client should commit the grievance to writing and mail this postage
prepaid to Larry H. Turner, director of MyDuiGuy.com and Springtime Counseling
Center, 6515 E. 82nd Street, Suite 102, Indianapolis, Indiana 46250 USA. Springtime
Counseling Center will respond in writing with ten (10) business days and a final
resolution will be made. Further appeal of the grievance may be submitted to the director
Indiana Division of Mental Health and Addiction, 402 W. Washington Street, Room W353,
Indianapolis, Indiana 46204-2739 USA.
Although SCC/MyDuiGuy.com does not receive any federal funding, we nevertheless adhere
to the federal confidentiality guidelines under 42 USC § 290dd-2. Under these
regulations, as well as the Health Insurance Portability & Accountability Act
(HIPAA 45 CFR), the records of alcohol and drug abuse patients are protected by
42 CFR Part 2 in addition to state statutes regarding the protection of health
information records. Federal confidentiality regulations (42 CFR Part 2)
prohibit redisclosure of information from alcohol and drug abuse patient records.
However, HIPAA 45 CRF requires Springtime Counseling Center/MyDuiGuy.com to
notify you of the potential that information disclosed (to courts, probation
officers, attorneys, etc.) pursuant to your use of the Springtime Counseling
Center/MyDuiGuy.com services, and at your direction, may be redisclosed by
the recipient and is no longer protected by the HIPAA rules. There are important
notices and exceptions to these confidentiality rules that are followed by most
healthcare services in the USA and other countries:
are mandated to report the abuse of children and vulnerable adults
to local law enforcement or social service agencies.
cases of danger or threat to life, we will make every effort to get
that person help by reporting the incident the appropriate law enforcement
or rescue agencies. This includes threats of suicide and threats to harm others.
it rarely happens, SCC/MyDuiGuy.com must comply with a Court Order
for health records as well as the individual counselor's records.
It is always prudent to contact an attorney prior to disclosing private
SCC and MyDuiGuy.com evaluations are subject to internal staff review
in order to maintain quality assurance. No patient names or identifying
characteristics are used in these staff meetings.
||Patients selecting telephone, video or telephony options for the evaluation will not be recorded by their counselor or observed by any other person.
SCC/MyDuiGuy.com provides security encrypted (SSL) transmission for all evaluations completed online. Should Client select options for downloading, video and/or telephone evaluations, it is understood that Client assumes the normal risks of interception in the course of using U.S. land mail, facsimile or transmission over telephone lines. It is understood that Client has the option of selecting the method of transmission of personal health information records. SCC/MyDuiGuy.com maintains all health information records in password-protected computers and/or secure peripheral equipment.
All refunds must be requested within 30 days of your initial payment date, whether
by credit card, or by cashier's check or money order. As stated in How It Works,
we will refund your fee should the court of record, your probation officer, or a
state motor vehicle official disallow our Evaluation. We require confirmation
of the reason for this disallowance. Therefore, you will need to email the reasons
that they have disallowed our Evaluation at our email address of : firstname.lastname@example.org.
We reserve the right to verify this information.
Should you decide not to use our service, credits to your credit card must be
requested within 48 hours of your payment. We will send you a confirmation
email from PlugNPay Company that the transaction has been voided. In the
case of cashier's checks or money orders, we will deposit these checks
and send you a refund check after your payments have cleared.
Copyrighted materials such as, but not limited to, the Springtime Counseling
Center evaluation instrument and SCC-50 Report of Addiction Evaluation,
may be downloaded or otherwise reproduced only for the Client's personal
use. The Client agrees not to reproduce, distribute, transmit, publish,
commercially publish, sell, or otherwise transfer any copyrighted material
from MyDuiGuy.com or Springtime Counseling Center.
Client agrees that his/her choice to use the SCC MyDuiGuy.com service is
entirely at Client's risk. The SCC MyDuiGuy.com services are provided without
warranty of any kind, either express or implied, including without limitation
any warranty for counseling services, information, uninterrupted Internet
access, products or other services provided through or in connection with
SCC or MyDuiGuy.com. Specifically, SCC MyDuiGuy.com disclaims any and
all warranties. This disclaimer of liability applies to any damages or
injury caused by, error, omission, interruption in Internet transmission,
deletion, a failure of performance, defect, delay in operation of transmission,
alteration of or use of records, electronic virus, telephone line failure,
theft, destruction, or unauthorized access to records.
Client agrees to indemnify and hold SCC MyDuiGuy.com harmless from any dispute
which may arise from a breach of the terms of this service Agreement.
See additional releases of liabilities as listed in section: "Limited
Liability and Warranty,” above.
Client understands that this Agreement shall be construed and controlled
by the laws of the State of Indiana, USA. Any dispute arising from
the terms of this Agreement or a breach of this Agreement shall be governed
by the laws of the State of Indiana and the Client agrees to personal
jurisdiction by the state and federal courts sitting in the State of Indiana.
SCC may give notice to Clients by means of publishing a general notice on
the SCC MyDuiGuy.com website. Client may give notice to SCC MyDuiGuy.com.
at any time by any of the following: Electronic mail to email@example.com,
fax letter to SCC MyDuiGuy.com at the following fax number: 317.841.9805,
letter delivered by first-class, postage prepaid to SCC MyDuiGuy.com at:
Springtime Counseling Center, 6515 E 82nd Street, Suite 102, Indianapolis, Indiana 46250 USA. Client
notice is deemed to be given when received by SCC MyDuiGuy.com
This Agreement constitutes the entire agreement between Client and SCC MyDuiGuy.com
with respect to the subject matter contained herein and supersedes all
previous agreements, proposals and communications, written or oral between
SCC MyDuiGuy.com representatives and Client. SCC MyDuiGuy.com may, at any
time, amend or modify this Agreement or impose new conditions at any time
upon notice from SCC MyDuiGuy.com to Client as published through the SCC
MyDuiGuy.com website. Any use of the SCC MyDuiGuy.com service by Client
after such notice shall be deemed to constitute acceptance by Client of
such amendments, modifications or new conditions. It is understood and
agreed that if any part, term, or provision of this Agreement is held
by a court to be illegal or in conflict with any law of the State of Indiana,
the validity of the remaining terms of this Agreement shall not
be altered, and the rights and obligations of the parties shall be construed
and enforced as if the Agreement did not contain the part, term, or provision
HERE IF YOU AGREE TO THE TERMS ABOVE
HERE IF YOU DO NOT AGREE TO THE TERMS ABOVE