EBPI, LLC
TERMS OF USE AGREEMENT

 

Welcome to the Practice Ground website (the "Site"), which includes the Learning Communities and Continuing Education sites.  Evidence-Based Practice Institute, LLC ("EBPI") owns and operates www.practiceground.org.  EBPI offers products and services to help therapists learn and use evidence-based practices in behavioral health care.

Please read this Terms of Use Agreement carefully before using the Site. This is an agreement between you and EBPI regarding the terms under which you may use the Site and any content on it (the "Content").  Content may include authors' video, seminar text, workbooks, graphics, images, and any other information or materials made available by EBPI or its authors and licensors through the Site.

Your use of our Site confirms your unconditional acceptance of the following terms and conditions.  You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to agree to these Terms of Use.  IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MUST NOT USE THE SITE.

Informational Use Only.  The Site and Content are for informational purposes only.  The information on PracticeGround has been obtained from sources believed to be accurate and reliable. However, EBPI makes no warranty as to the accuracy, reliability, or completeness of this information.  Information accessed on or through PracticeGround is neither complete nor exhaustive and does not cover all psychological disorders, disabilities, diseases, illnesses, and physical conditions or their management or treatment.

YOU HAVE FULL RESPONSIBILITY FOR THE CARE AND WELL BEING OF YOUR PATIENTS AND CLIENTS, AND ANY USE OF THE SITE OR ITS CONTENT SHALL NOT DIMINISH THAT RESPONSIBILITY.   

YOU ARE RESPONSIBLE FOR ESTABLISHING SUCH PROCEDURES, AS YOU DEEM APPROPRIATE IN YOUR PROFESSIONAL JUDGMENT TO VERIFY THE ACCURACY OF ANY CONTENT OR INFORMATION ON THE SITE.

You acknowledge and agree that by providing the Site hereunder, EBPI is not rendering medical or other health care services or engaged in the practice of medicine.  Always seek the advice of your colleagues or professional organizations with any questions you may have regarding your practice.  Never disregard professional advice or your own professional judgment because of something you have read on the Site.

In particular, EBPI, its licensors, and its suppliers make no representations or warranties about the following:  the accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the PracticeGround or EBPI; and the satisfaction of any government regulations requiring disclosure of information on prescription drug products.

Personal Information. You agree to provide accurate, current, and complete information in setting up your account with the Site.  By subscribing to or accessing any part of the Site, you represent that you are authorized to use the credit card or PayPal account you submit for payment.  You agree to promptly update the personal information that you give to EBPI as necessary, including reporting any changes of your address, e-mail address, or payment information.

Personal Use Only.  You are the only person who is authorized to use your EBPI account.  You agree not to reveal your EBPI account information, including your EBPI username and password, to anyone else or let anyone else use your account.  You are entirely responsible for all activities that occur on or through your account.  You shall immediately notify EBPI of any unauthorized use of your account or loss or disclosure of your password.

Payment for Learning Communities Service. You agree to pay an annual access fee for each year you have an active PracticeGround Learning Communities subscription.  The annual fee entitles you to visit the Learning Communities site and view the Content on it for one year; In certain circumstances, EBPI may charge a prorated fee that entitles you to visit the Learning Communities site for a portion of a year only. 

EBPI collects the annual fee each year you have an active subscription, regardless of whether you use the Learning Communities service or not.  You may cancel your account at any time.  You are responsible for paying any governmental taxes imposed on your use of the Learning Communities service, including any sales or use taxes.

Payment for On Demand and Continuing Education Services.  You agree to pay a fee for each seminar or session that you view.  EBPI will charge your PayPal account for each seminar or session that you view, regardless of whether you watch the entire seminar/session or not.  

If you are part of a small group that would like to use a course as part of your team learning, please note that you will need to purchase the course for each individual member.  That is in part because of how the CE requirements of the exam work and also because we have arrangements with the author to pay them a royalty for their work (and, of course, we want them to be reinforced for sharing their best work!).


You are responsible for paying any governmental taxes imposed on your use of the Continuing Education service, including any sales or use taxes.

Use of Site.  You may use the Site only in accordance with the following terms:

  • You may access and view Content in accordance with these Terms of Use.
  • You may share comments and reviews and other material on the Site.
  • You may not publicly perform, display, copy, distribute, publish, sell, loan or transfer any Content, unless expressly permitted by the author of the particular Content through a Creative Commons or other license.  In particular, you agree not to share the Content with others by e-mail or make them available over the Internet, an intranet or any other computer network without specific permission.  If you know other people who might want to view particular Content, please invite them to sign up for their own PracticeGround subscription.
  • You may not directly sell or profit from PracticeGround materials or from works derived from PracticeGround materials, or make any commercial use of the Content whatsoever, unless expressly permitted by the author of the particular Content through a Creative Commons or other license.
  • You may not modify any Content or create derivative works based on any Content or any part of the Site.
  • You may not make any further use whatsoever of Content labelled "All Rights Reserved" or similar, other than viewing it for your own personal use. 
  • You may not upload or transmit any content or information of any type that infringes or violates any rights of any party, including intellectual property, privacy or publicity rights.
  • You may not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Parenting Counts in its sole discretion.
  • You may not post advertisements or any other business communications.
  • You may not harvest, collect, or send information about others, including email addresses, without their consent.
  • You may not disrupt the normal flow of dialogue in the Public Areas (as defined below), or post any comments that are not related to the topic being discussed (unless it is clear the discussion is free-form).
  • You must follow all federal, state, and local laws and professional regulations that may apply to your use of the Site and any Content that you obtain from the Site.


Additional Usage of Author Content; Creative Commons Licenses.  The authors of Content retain all ownership of the Content that appears on the Site.  All authors grant you the right to view their Content on the Site for your own personal use if you have a Learning Communities subscription. 

In addition to viewing the materials for your own personal use, certain authors may grant additional rights through a license (such as a Creative Commons license).  The usage rights granted to you vary by author and Content.  For example, some authors grant the right to use and redistribute their work, as long as you correctly credit the author and link back to him/her. 

Other authors prohibit all copying and redistribution of their work.  This is designated by the "All Rights Reserved" label on their Content.  You must not make any further use of such Content, other than viewing it for your own personal use.

Each item of Content clearly specifies how you can use the Content, either on the sign-up page for seminars and/or as part of the introduction or title page of the Content.  Each item of Content covered by a Creative Commons or similar license also has a link to its license.

You agree to follow the terms of whatever license applies to the particular Content you want to use.  You also agree to refrain from using it at all (other than viewing it online on the Site) if it is marked "All Rights Reserved."  You shall be responsible for determining how the author permits you to use particular Content and complying with those rules.

Sharing User Content in Public Areas.  You may post and/or upload certain communications or content, data, information or other materials (collectively, "User Content") to the Site through the Site's blog and message board features (collectively, the "Public Areas") if you do so in accordance with these Terms of Use.  You may allow others to access your User Content and download it.

You are solely responsible for, and assume all liability associated with, any User Content including liability for claims of infringement and defamation.  You are responsible for complying with all third party rights with respect to such User Content that appears on the Site.  You agree not to download, email or otherwise transmit such User Content in violation of such third party's rights. 

EBPI may remove any User Content that, in its sole discretion, EBPI believes violates these Terms of Use or is otherwise inappropriate to appear on the Site. 

By submitting communications or content to the Public Areas or to EBPI, you agree that such submission is non-confidential for all purposes.  If you wish to keep any business information, ideas, concepts or inventions private or proprietary, please do not submit them to the Public Areas or to EBPI.

You agree that EBPI shall have no liability for the deletion or failure to store any messages and other communications or other User Content maintained on the Site or transmitted using the Site.  You should keep a backup copy of any User Content that you post to the Public Areas.

Copyright.  You are granted a limited license to view the Site and the Content for your own personal use in accordance with these Terms of Use.  You may not otherwise copy, reproduce, display, exhibit, transmit, perform, create derivative works based or distribute the Site in any other way.   

All rights to the Site and the Content are reserved, unless expressly granted in this Agreement or, for Content, in a license that accompanies the Content.  Licenses with regard to the Content on the Site vary, as discussed in "Additional Usage of Author Content" above.

You agree not to use the Site and the Content in any way whatsoever except as specifically authorized in this Agreement or, for Content, the accompanying license (if any).  Unauthorized use may infringe the intellectual property rights of EBPI and its licensors and subject you to civil and criminal penalties, including possible monetary damages.  If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Trademarks.  "EBPI," "PracticeGround" and the associated logos are trademarks of EBPI, LLC.  EBPI's trademarks may not be used for any purpose without the prior written permission of EBPI.  Any trademarks used in particular Content are the property of or under license to the author of the Content and may not be used without the prior written permission of the author.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation of them by EBPI.

Disclaimers.  YOU AGREE THAT YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR SOLE RISK.  YOU HAVE FULL RESPONSIBILITY FOR THE CARE AND WELL BEING OF YOUR PATIENTS AND CLIENTS, AND ANY USE OF THE SITE OR ITS CONTENT SHALL NOT DIMINISH THAT RESPONSIBILITY.

THE SITE AND THE CONTENT ARE PROVIDED BY EBPI ON AN "AS IS" BASIS.  AS DISCUSSED FURTHER ABOVE, ALL USE OF THE SITE, CONTENT AND USER CONTENT IS AT YOUR OWN RISK.  EBPI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED IN THE CONTENT.  FOR EXAMPLE, EBPI DOES NOT WARRANT THAT YOUR USE OF THE CONTENT WILL MEET YOUR NEEDS OR THAT THE SITE WILL BE ERROR-FREE ON YOUR COMPUTER.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EBPI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion of implied warranties may not apply to you.

Limitation of Liability.  YOU AGREE THAT EBPI AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND LICENSORS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.  IN SUCH STATES OR JURISDICTIONS, EBPI'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification.  YOU AGREE TO INDEMNIFY AND HOLD EBPI AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND LICENSORS HARMLESS FROM ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE AND ANY CONTENT ON IT, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW, REGULATION OR THIRD-PARTY RIGHT.

Change in Prices and Availability of the Site.  Subscription prices and the availability of the Site and any particular Content are subject to change at any time.  EBPI and its licensors reserve the right to change, remove, or disable access to any Content or any part of the Site.

Links.  The Site may provide, or third parties may provide, links to other websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by EBPI with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site, and EBPI is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance on it.

Territory.  The Site and its Content is directed towards users practicing in the United States.  EBPI makes no representation that any Content is appropriate or available for use outside the United States.  If you choose to access the Site and its Content from outside the United States, you do so on your own initiative, and you agree to be responsible for compliance with all local laws, practice regulations and professional standards in your country.

Access to Site and Termination of Access.  Notwithstanding any of these terms and conditions, we reserve the right, without notice and in our sole discretion, to modify or discontinue this Site or your access to it, and to block or prevent future access to and use of the Site. 

In the event that you fail to follow these Terms of Use, or we reasonably believe that you have failed to follow them, EBPI may: terminate these Terms of Use and your EBPI account; terminate any license granted to you to use the Content; and/or exercise any other legal right or remedy available to EBPI.  In particular, EBPI maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers of copyright and intellectual property rights or otherwise violate these Terms of Use.

You may cancel your user account at PracticeGround as follows:

By email: send an email to support@ebpi.org from the email account you submitted when registering on the PracticeGround website and indicate within the body of the message your intent to cancel. Be sure to include your first and last name and user name.

By U.S. mail: send a brief letter, including your first and last name, user name and email address, and mail it to: EBPI Customer Service, 3303 South Irving Street, Seattle WA 98144.

In the event that your access to the Site is terminated either by you or EBPI, you agree to refrain from any further use of the Site whatsoever.  All rights and obligations of either party under these Terms of Use which, by their nature, would survive its termination or expiration, including the sections titled Intellectual Property, Disclaimers, Limitation of Liability and Indemnification, shall survive its termination or expiration and continue in effect. 

Changes.  EBPI may update and revise this Agreement from time to time and impose new terms or policies on use of the Site or the Content.  If you have a Site account, we will send you notice by email or otherwise give you notice of any major changes to these Terms of Use.  Any changes or modification shall be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications shall constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.

Notices.  EBPI may send you notices regarding this Agreement or the Site by sending an e-mail message to your current e-mail address that you have given to EBPI.  Notices shall be effective immediately.

User Feedback.  If you contact EBPI with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding the Site, the Content or any other item on the Site (collectively, "User Feedback"), the User Feedback shall be non-confidential and EBPI shall have no obligation of any kind with respect to the User Feedback.  EBPI shall be free to use any ideas, concepts, know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products.  EBPI shall not be liable or owe any compensation for the use or disclosure of the User Feedback.

Citation of Content.  If you use excerpts from any Content on the Site as permitted by its license, you must give proper attribution to the original author(s). Please use the following citation:

    [Name], [Course Title]. (Evidence-Based Practice Institute, LLC),     [www.practiceground.org] (Accessed [Date]). [License: e.g. Creative Commons]

    Example:
    Koerner, K. (2009), Treating Therapy-Interfering Behavior. PracticeGround, www.practiceground.org (Accessed January 25, 2015). License: Creative Commons BY-NC.

Governing Law and Venue.  The laws of the State of Washington, U.S.A., without regard to its conflict of laws provisions, shall govern this Agreement and any use by you of the Site and the Content.  The venue and jurisdiction for any dispute between you and EBPI shall be the state and federal courts of King County, Washington, U.S.A.

Miscellaneous.  Failure to enforce any rights granted in these Terms of Use shall not be deemed a waiver as to subsequent enforcement of such rights.  If any provision of these Terms of Use shall be invalid, illegal or unenforceable, it shall, to the extent possible, be modified in such manner as to be valid, legal and enforceable but so as to most nearly retain the intent of the parties, and if such modification is not possible, such provision shall be severed from this agreement.  In either case the validity, legality and enforceability of the remaining provisions of these Terms of Use shall not in any way be affected or impaired.  This Agreement is personal to you and may not be transferred, assigned or delegated to anyone else.  Any attempt by you to transfer, assign, or delegate this Agreement shall be null and void.

Copyright Infringement Notice.  EBPI respects the intellectual property rights of others.  If you believe that your copyrights or other intellectual property rights are infringed by materials posted on the Site, please provide EBPI with the following notice and information in accordance with the Digital Millennium Copyright Act:

  • A statement that you believe material that infringes your rights has been posted on the Site.
  • A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail for EBPI to identify it.  Please include title, author name, creation date, publication date, and publisher (if applicable).
  • A description of where the material that you claim is infringing is located on the Site, with sufficient detail to allow us to locate it. 
  • Your contact information, including your address, telephone number, and e-mail address.
  • A statement by you that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  • Your signature.


Send the notice and information to EBPI at both the mailing address and e-mail address below:

EBPI, LLC
3303 South Irving Street
Seattle, WA 98144
With a copy to:  support@ebpi.org

In order to notify the subscriber or user who has posted the allegedly infringing content that EBPI has removed it, EBPI may forward a copy of the notice and information above that you provide, including your name and address, to the subscriber or user.

Contact.  If you have any questions about these Terms of Use, the practices of this Site, or your dealings with this Site, please contact:

EBPI, LLC
3303 South Irving Street
Seattle, WA 98144
Email:  support@ebpi.org