Last Updated:
August 9, 2024
DPS-ACT Corp, d/b/a Dixon Psychology Services (referred to as the “Company”, “us”, or “our”) is a licensed clinical psychology and mental health practice that offers remote and in-person services and psychological assessments, which includes, but is not limited to, pre-employment psychological evaluations, TPAPN evolutions, and forensic evaluations (together the “Service(s)”).
These Terms and Conditions (the “Terms”), describe the specifications on which you (referred to as “you” or “your”) may book an appointment, access, register, browse, or use our website https://www.dixonpsychologicalservices.com/ (the “Website”).
Any use of the Website is conditioned upon your acceptance of all the conditions, policies, and notices stated herein. By using the Website, booking an appointment, downloading the App, and/or by utilizing our Website and any of our Services, you agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY. YOU SHOULD ALSO CAREFULLY REVIEW COMPANY’S PRIVACY POLICY BEFORE OR USING ANY OF THE AVAILABLE SERVICES.
DO NOT USE OUR SERVICES IF YOU (a) DO NOT AGREE TO THESE TERMS; OR (b) ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY ITS CONTENTS OR SERVICES BY APPLICABLE LAW.
Any new features or tools, which are added to the Website, shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. Company reserves the right to update, change, or replace these Terms at any time by posting updates and/or changes to the Website at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, our Services following the posting of any changes to these Terms constitutes acceptance of those changes.
1. Registration
In order to access or use our Website or use any of our Services, you will be required to create any account (“Account”) by filling out the information required in the client portal, completing the patient paperwork through the mobile application Simple Practice (the “App”), and uploading your Payment Method, as described herein (together your “Personal Information”). For the avoidance of doubt, when using the App you shall be bound by its separate terms and conditions, as well as the terms and conditions of any App store.
You represent and warrant that at all times (a) the information that you provide shall be true, accurate, current, and complete; and (b) you will keep your Account up to date. Company shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.
2. Appointments and Payments
You can book an appointment directly through the App or by contacting us directly. The prices shall be listed on the Website and/or App at the time you book an appointment.
Therapy Sessions and Consultation Services. We offer individual, couple, or group therapy sessions. Individual therapy sessions start at $225 per session and couple therapy sessions start at $300 per session. Consultation services begin at $450 per session. Full payment for any therapy session or consultation service is due at the time of the appointment.
Testing Cases. The cost of testing cases range from $300 to $15,000 depending on the individual’s needs. For testing cases, fifty percent (50%) of the payment is due upon booking the appointment (the “Deposit”), and the remaining fifty percent (50%) is due at the onset of the Service.
When creating an Account, you will provide your debit, credit, or bank account information (together your “Payment Method”), and you certify that by agreeing to these Terms that Company has the authorization to charge your Payment Method automatically.
Company strives to display accurate price information, however there may, on occasion, be inadvertent typographical errors, inaccuracies, or omissions related to pricing. Company reserves the right to correct any errors, inaccuracies, or omissions at any time and to appointments arising from such occurrences.
If you do not pay the amounts owed when they are due, or your Payment Method continuously fails, Company may charge you a late fee of 1.5% interest per day that you are late or initiate collection procedures. You agree to pay the cost of collection, including, and without limitation to, reasonable attorney’s fees.
3. Cancellations, Refunds, and Disputes
Therapy Sessions and Consultation Services. You may cancel a therapy session or consultation service with no cancellation fee if you provide notice more than twenty-four (24) hours before your scheduled appointment. If you cancel your session within twenty-four (24) hours of your scheduled appointment, you will be subject to a $225 cancellation fee (“Cancellation Fee”).
Testing Cases. For testing cases, the Deposit will remain non-refundable if the appointment is cancelled.
After the Services are rendered, all payments shall remain non-refundable. Company is not responsible for errors made during the booking process. Company aims to respectfully respond to all questions, comments, and concerns regarding your satisfaction and any related or resulting disputes. If you are unhappy with any Services, please contact Company immediately and we will do our best to rectify the situation.
If you file a dispute with any Payment Method before contacting Company, we reserve the right to dispute any refund and initiate collection procedures which may include attorney’s fees. Once a dispute is made through your Payment Method, you may no longer have the opportunity to request a refund and resolve the issue.
4. General Conditions of Use
By agreeing to these Terms or by using the Website or Services, you represent that you are at least eighteen (18) years of age or older. Minors may use this Website or book an appointment under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for their use of the Website and/or Services, including all liabilities. In addition, you must be in good standing and cannot be an individual that has been previously barred from receiving Company’s Services under the laws of any applicable jurisdiction.
You may not use the Services for any illegal or unauthorized purpose, including a violation of any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright or trademark laws). You also represent and warrant that you are using the Website for your own personal use only, and not for resale, export, publication, re-use, or any other similarly unauthorized use. A breach or violation of any of the Terms will result in an immediate termination of your access to the Website. You agree not to make use of our Services for the purpose of any harmful or deceitful conduct, including, but not limited to, the following:
uploading, posting, transmitting, or otherwise making available any information that shall be deemed, in our discretion, to be harmful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, libelous, or which is hateful, threatening, of otherwise objectionable to any group defined by race, religion, gender, national origin, or sexual orientation, including without limitation to expressions of bigotry, prejudice, racisms, hatred or profanity;
causing harm to minors in any manner whatsoever; and/or
impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.
5. Termination or Suspension
You agree that Company may, without any prior notice, immediately suspend, terminate, discontinue and/or limit your use of the Website at its sole discretion, for any reason, including but not limited to:
any breach or violation of these Terms or any other incorporated agreement, regulation, or guideline;
by way of request from law enforcement or any other governmental agencies;
the discontinuance, alteration, or material modification to the Services, or any part thereof;
any engagement by you in any fraudulent or illegal activities; or
the non-payment of any associated fees that may be owed by you.
Furthermore, you agree that all terminations, suspensions, discontinuances, and or limitations of your access to the Website or Services shall be made in our sole discretion and that Company shall not be liable to you or any other third party with regard to access to the Website, and/or any of the Services.
Company reserves the right to refuse Services to anyone, for any reason, at any time in its sole discretion. Company reserves the right, but does not have the obligation, to pre-screen, refuse and/or delete any information currently available through the Website. In addition, Company reserves the right to remove and/or delete any such information that would violate these Terms, or which would otherwise be considered offensive.
6. Communications
You consent to receiving communications from Company, including but not limited to, e-mails, text messages, and/or calls regarding updates to the Website, appointments marketing, advertisements, and any other relevant information.
Company reserves the right, but has no obligation, to modify, update, or discontinue the Services, or any content available on the Website and/or App (or any part thereof), without notice at any time. Company shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of Services.
Company shall not be held responsible if information made available on the Website and/or App is not accurate, complete, or current. For clarity, you are relying on any information found on the Website and/or App at your own risk.
7. Promotion and Incentives
There may be promotions, discounts, or sales on the Website and/or App (“Promotions”). These Promotions may affect the fees and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a promotion and these Terms, the terms and conditions specific to that promotion will govern that specific circumstance.
Company is not obligated to offer Promotions of any kind or in any specific manner. We may change the Promotions form, requirements, or parameters for at any time. We reserve the right, at any time and based on our discretion, to rescind or revoke Promotions. Further, Company reserves the right to modify, suspend, or discontinue any Promotions at any time at its sole discretion.
8. Intellectual Property
Company owns, solely and exclusively, all right, title, and interest in and to all “Intellectual Property” which is defined as:
the Website, including all content, software code, data, the look, feel, design and organization of the Website, and the compilation of the content, code, data, and materials on the Website including any intellectual property and/or proprietary rights;
the Services, including any designs, materials, and concepts uniquely created by Company; and
Company’ business model, methodology, pricing, and any other relevant information.
Company reserves all rights in and to the Intellectual Property not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Company’s Intellectual Property, in whole or in part.
Your Content. If you post, upload, or make available any, information, a review, any data, text, files, communications, or other materials regarding our Website or Services on any other website, blog, article, or social media website (“Your Content”), you hereby grant Company a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Website, including but not limited to advertising, promoting, and marketing the Website or Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.
9. Confidentiality
You agree to keep any Intellectual Property disclosed to you as part of your Services and thereafter confidential. “Confidential Information” means any nonpublic information that is disclosed, including Intellectual Property, portion of your therapy session or cases, strategies, exercises, materials, payments, fees, any financial information, medical history, personally identifying, or private information. Confidential Information does not include any information that: (a) was publicly known and made generally available in the public domain prior to the time it was disclosed to the you ; (b) became publicly known and made generally available after disclosure to you through no wrongful action; or (c) was in your possession prior to disclosure.
Company acknowledges the sensitive nature of any information you share as part of receiving the Services which shall also be considered Confidential Information. Company agrees to use its best efforts to implement measures to protect the confidentiality, integrity, and security of your Confidential Information. Company will make best efforts to prevent unauthorized access, disclosure, alteration, or destruction of this information. Company assures client that all Confidential Information provided by you will be used exclusively for its intended purposes and will not be shared with any third parties without the explicit consent, unless required by law. Company’s employees and contractors who have access to your Confidential Information will be bound by these confidentiality obligations and make best efforts to comply with this clause.
10. Comments, Ratings, and Reviews
You may have the option to provide a rating, a comment, or both (“Feedback”). Any Feedback you leave must reflect your honest experience with the Services for its intended purpose.
Company may remove you Feedback for any reason, at any time, without notice. Company may also deny you permission to leave future Feedback or deactivate your Account for Feedback violations at our discretion.
You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that intentionally or unintentionally, or is reasonably certain to, disparage, create a negative impression of, or is detrimental to the reputation of Company, including any of its employees or contractors, or the Services associated therewith.
11. Disclaimer of Warranties and Limited Liability
You understand that the use of third party servers may involve transmission of data over networks that are not owned, operated, or controlled by Company, and it is not responsible for any data lost, altered, intercepted, or stored across such networks. Company cannot guarantee that its security procedures will be error-free, and that transmission of data will always be secure.
THE USE OF THE WEBSITE AND SERVICES ARE AT YOUR SOLE RISK. ALL SERVICES OFFERED ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING ANY OF COMPANY’S SERVICES. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE WEBSITE,APP, AND/OR THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, AND USE, ACCESS, OROTHERWISE ANY MATERIALS OR CONTENT OBTAINED THROUGH THE WEBSITE AND SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF OUR WEBSITE.
THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO ANY PAYMENT MADE TO COMPANY.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Website is for informational purposes only. Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or Services. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified professional.
12. Arbitration
If a controversy or claim should arise, you and the Company (together referred to as the “parties” and each a “party”) will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.
13. Class Action Waiver
Any arbitration shall be conducted an individual capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
14. Notices
Company may provide any notice to you under these Terms by (a) sending a message to the e-mail address you provided; or (b) by posting directly to the Website. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Website will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on the Website.
To provide Company notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent.
15. Miscellaneous
Third Party Content. The Website may contain links and references to other third party service providers (“Third Party Content”). This Third Party Content is provided as additional information. Company is not responsible for any Third Party Content or the actions of those that provide such content. Any information regarding a Third Party found on our Website does not imply that Company endorses or accepts any responsibility or liability for the Third Party, or vice versa.
Indemnification. By using the Website or our Services, you agree to indemnify, defend, and hold harmless Company (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with (a) any breach or alleged breach of any representation or warranty by Company (b) any unauthorized use of your information; or (c) any other actual or alleged unauthorized action by Company , including without limitation, a breach of any term of this Agreement. The obligation for indemnification shall survive termination of the Agreement.
Privacy Policy. Company respects your privacy and is committed to protecting it. To learn more please visit our Privacy Policy available on the Website, which governs the processing of all personal data collected from you in connection with your use of the Website. You acknowledge and consent to the collection and use of your personal information by Company for the purpose of using the Website.
Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the law of Texas without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be in Texas.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Waiver. The failure by Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.
Notice to California Members. Under California Civil Code Section 1789.3, California Members of our Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Notice to New Jersey Members. If you are residing in New Jersey, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law.
Copyright Infringement Claims. 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 in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail, or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Company arising out of or related to the use of the Website, Services, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and
Company on the matters contained herein. You acknowledge and agree that these Terms are binding and shall govern the relationship between you and Company in connection to the use of the Website and the Services described herein.
If you have any questions regarding your personal account, contact drdixon@dps-act.com
