Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE, ON BEHALF OF YOURSELF AND ANY ORGANIZATION THAT YOU REPRESENT, TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, MEMBER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 02/02/2024.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “General Site Terms of Service” or “General Terms”) is a legally binding agreement between KPACT / LifeWorks Psychotherapy Center,  located at 8707 Skokie Boulevard, Suite 310, Skokie, Illinois 60077, on behalf of itself and its affiliates and licensors (collectively, “KPACT”, “KPACT.xyz”, “we”, “our” “us”) and any person who may interact with or use the website, located at KPACT.xyz, any of our affiliated websites, other digital platforms or mobile applications (including social media networking), and any downloadable programs through which we may deliver our services (collectively, the “Site”), as such services and products are described in the following Section (the “Services”) and shall govern your access to and use of the Services.

DESCRIPTION OF SERVICES OFFERED

The Site is a website Kink, Polyamory, and LGBTQ+ healthcare resource through which we provide the following Services:

KPACT.xyz is an online networking group created by LifeWorks Psychotherapy with the purpose of providing information and education on kink-aware, polyamory-aware, lesbian, gay, bisexual, transgender, and queer (LGBTQ+) mental healthcare. KPACT.xyz recognizes the unique health needs of LGBTQ+ individuals and connects them with the most appropriate healthcare providers, resources, and events. In addition, KPACT.xyz strives to better educate medical students, supplement healthcare providers, and energize communities to deliver high-quality, culturally competent, unbiased healthcare.

Anyone accessing our site or any of our Services, without regard to whether such individual or entity is registered on the Site or not, shall be deemed a “User” and legally bound by these General Terms. An individual or entity that registers on our Site, through the process of creating an account agrees to all additional terms applicable to a “Member.”  If you are accessing the Services on behalf of an organization, any reference to User or Member herein shall be to both the individual user and such organization. Collectively, Users and Members may hereinafter be referred to simply as “you” or “your”.  Certain additional terms shall apply to Members of the Site (“Additional Terms”), and any such additional terms are hereby incorporated and shall apply to Members as if fully set forth herein.

You acknowledge and agree that the Services provided and made available through the Site are and shall remain the sole and exclusive property of KPACT.xyz. At its discretion, from time to time, KPACT.xyz may offer additional Services and/or products, or update, modify or revise any current Services, and this Agreement (as it may be modified from time to time) shall apply to any and all such additional Services and any and all updated, modified or revised Services, other than to the extent that KPACT.xyz provides separate legal terms having application to such Services. KPACT.xyz reserves the right to suspend and/or cancel and cease offering any Service without notice. You acknowledge, accept and agree that KPACT.xyz shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services. Your continued use of the Services following our posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and any corresponding modifications to the General Terms. As such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services immediately.

Furthermore, you understand, acknowledge and agree that the Services are and shall be provided “AS IS” and without warranty of any kind, express or implied and as such KPACT.xyz shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store User Content, communication or personalization settings.

KPACT Provider Directory

TERMS OF USE

On our site we host Kink, Polyamory, LGBTQ+ affirming provider directory (“KPACT Provider Directory”).  The following terms apply to KPACT.xyz as well as the remainder of our Site and Services. The material contained on the Site is provided for informational purposes only. Nothing contained on this site and its related links may be construed as medical or healthcare advice. User acknowledges and agrees that KPACT.xyz is not a health care provider, licensed or otherwise. KPACT.xyz cannot and will not assume responsibility for the direct care of any patient, which shall at all times remain the responsibility of User and any health care provider who may provide to care to such User. KPACT.xyz will not be responsible for the assignment of staff to treat Users or any other activity that involves the practice of medicine. During your visit to our Site, remember that any medical and health information which may be presented here is intended to be general in nature, and should not be viewed as a substitute for professional advice. Please consult with a health care professional for all matters relating to personal medical and health care issues.  All statements and opinions expressed by third parties on the site (including, without limitation, Users and Members) are solely their opinions, and we are not responsible or liable for their accuracy. This site is not designed to promote or endorse any medical or healthcare practice, resource, program or agenda or any medical tests, products, or procedures.

KPACT.xyz does not screen providers and resources and therefore cannot make any guarantees as to accuracy of provider information, provider licensure, quality of care or cultural competence. Before selecting a provider, you should ensure that the provider is a licensed healthcare professional and that they accept your medical insurance. The KPACT.xyz and community resource directories are not exhaustive lists and may not contain providers or resources for every health issue. KPACT.xyz cannot guarantee the availability of a provider or resource listed on this site. KPACT.xyz cannot contact providers or resources on behalf of a patient. Specific questions about health-related issues and care should be deferred to a specific healthcare provider.

Please read the following terms carefully. They govern your use of the KPACT.xyz. By using the KPACT.xyz provider directory, you acknowledge that you have read and understood all these terms, and you agree to be bound by these terms. If you do not agree to these terms, you may not use KPACT.xyz.

• The KPACT Provider Directory is for individual patient use only. This list may not be used for business purposes, including, but not limited to, filtering, researching, reaching out to, marketing, soliciting, or messaging any recipient, User, Member or otherwise, that has not opted in to such communication. Employees, including care coordinators and navigators, companies, and industries are prohibited from using the KPACT Provider Directory to provide services and work. Parties must obtain explicit permission from KPACT.xyz for KPACT Provider Directory data collaborations.
• The KPACT Provider Directory is exclusively owned by KPACT.xyz and its affiliates. The KPACT Provider Directory may not be scraped, mined, republished, downloaded, traded, reproduced, modified, adapted, altered, replaced, duplicated, leased, rented, loaned, sold, or used in any capacity by other parties without explicit permission from KPACT.xyz and without citing KPACT.xyz as the original source.
• Your use of the KPACT Provider Directory in violation of these terms, including for any commercial purpose, shall constitute a breach of these terms which will cause irreparable harm to KPACT.xyz and its affiliates.
• If anyone is aware of any actions in opposition to the above statements, please notify KPACT.xyz at info@kpact.xyz immediately.

KPACT Provider Directory Membership

To register and become a “Member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving KPACT.xyz’s services under the laws and statutes of the United States or other applicable jurisdiction.

When you register, KPACT may collect information such as your name, e-mail address, phone number, mailing address, occupation, industry and specialties. You can edit your account information at any time. Once you register with KPACT.xyz and sign in to our Services, you are no longer anonymous to us.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

1. furnish factually accurate, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
2. maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, KPACT / LifeWorks Psychotherapy will have sufficient grounds and rights to suspend or terminate the Member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of the Site and Services, or any portion thereof.

It is KPACT’s priority to ensure the safety and privacy of all its visitors, Users and Members, especially that of children. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or Content provided are age-appropriate for their child.

PRIVACY POLICY

Every Member’s registration data and various other personal information are strictly protected by the KPACT.xyz Online Privacy Policy (see the full Privacy Policy). As a Member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by KPACT.xyz and/or our subsidiaries and affiliates.

MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY

When you set up an account, you are the sole authorized User of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any User(s) that access your account information that, if undertaken by you, would be deemed a violation of the General Terms. It shall be your responsibility to notify KPACT.xyz immediately if you notice any unauthorized access or use of your account or password or any other breach of security. KPACT.xyz shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the General Terms.

CONDUCT

As a User or Member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other Content, whether it is publicly or privately posted and/or transmitted, is the sole and exclusive responsibility of the individual from whom the Content originated. In short, this means that you are solely responsible for any and all Content posted, uploaded, emailed, transmitted or otherwise made available by way of the KPACT.xyz Services, and as such, we do not guarantee the accuracy, integrity or quality of ANY such content. You acknowledge, agree AND ACCEPT that by use of our Services, you may be exposed to inaccurate OR MISLEADING content including, but not limited to, any errors or omissions in any content posted, and that KPACT.xyz shall not be LIABLE for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by KPACT.xyz.

Furthermore, you herein agree not to make use of KPACT.xyz’s Services for the purpose of:

1. uploading, posting, emailing, transmitting, or otherwise making available any Content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
2. causing harm to minors in any manner whatsoever;
3. impersonating any individual or entity, including, but not limited to, any KPACT.xyz officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
4. uploading any false or misleading information about yourself or anyone else, whether such information is known by you to be false or reasonably should have been known by you to be false;
5. forging captions, headings or titles or otherwise offering any Content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
6. uploading, posting, emailing, transmitting or otherwise offering any such Content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
7. uploading, posting, emailing, transmitting or otherwise offering any Content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
8. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
9. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
10. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other Users’ ability to participate in any real time interactions;
11. interfering with or disrupting any KPACT.xyz Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
12. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
13. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
14. “stalking” or with the intent to otherwise harass another individual; and/or
15. collecting or storing of any personal data relating to any other Member or User in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

KPACT.xyz has the right, but not the obligation, to pre-screen, refuse and/or reject any Content to be available through our Services. In addition, we reserve the right to remove and/or delete any Content of which we become aware that would violate the General Terms or which would otherwise be considered offensive to other visitors, Users and/or Members.

KPACT.xyz herein reserves the right to access, preserve and/or disclose Member account information and/or Content as contemplated by these General Terms, and otherwise, if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

1. compliance with any legal process;
2. enforcement of the General Terms;
3. responding to any claim that any Content published is in violation of law or the rights of any third party;
4. responding to requests for customer service; or
5. protecting the rights, property or the personal safety of KPACT.xyz, its visitors, Users and Members, and the general public.

KPACT.xyz herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by KPACT.xyz. or any other Content providers supplying Content services to KPACT.xyz. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

Closing your account

As a Member of KPACT.xyz, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to info@KPACT.xyz – you may also use our contact form.

No refunds

There are no refunds for payments made but if you choose to terminate your membership, or if your account is closed by us, your annual subscription will also be terminated and you will not be charged again.

Agreements

As a Member, you agree that KPACT.xyz may, for any reason or no reason, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. Some reasons for such termination, discontinuance, suspension and/or limitation of access shall include, but are not limited to:

1. any breach or violation of our General Terms or any other incorporated agreement, regulation and/or guideline;
2. by way of requests from law enforcement or any other governmental agencies;
3. the discontinuance, alteration and/or material modification to our Services, or any part thereof;
4. unexpected technical or security issues and/or problems;
5. any extended periods of inactivity;
6. any engagement by you in any fraudulent or illegal activities; and/or
7. the nonpayment of any associated fees that may be owed by you in connection with your org account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with KPACT.xyz shall include any and/or all of the following:

1. the removal of any access to all or part of the Services offered within org;
2. the deletion of your password and any and all related information, files, and any such Content as may be associated with or inside your account, or any part thereof; and
3. the barring of any further use of all or part of our Services.

LINKS

Either KPACT.xyz or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable under any legal theory for any Content, products, advertising or any other materials, on or available from such third-party sites or resources. You understand that third-party sites and resources are subject to the express legal terms of those third-party sites and resources. You acknowledge and agree that KPACT.xyz shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any Content, information, products or services made available on or through any such site or resource.

GENERAL RELEASE

In the event you have a dispute in any way related to the services (including, without limitation, any provider match), you hereby irrevocably release KPACT.xyz and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties who may be involved in delivery of the SITE AND services from any claim, demand and damage (actual and consequential), DIRECT OR INDIRECT, of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. The Site is provided primarily for informational purposes, and no Content that shall be provided by us or any User or Member is intended for trading or investing purposes. KPACT.xyz and our affiliates and licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

THIRD-PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in the General Terms, that there shall be no third-party beneficiaries to this agreement.

NOTICE

KPACT.xyz may furnish you with notices, including those with regards to any changes to the General Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the General Terms by accessing our Services in an unauthorized manner. Your acceptance of the General Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the KPACT.xyz owned and licensed trademarks, copyright, trade name, service marks, and other KPACT.xyz logos and any brand features, and/or product and service names are trademarks of, and shall remain the sole property of, KPACT.xyz and its affiliates and licensors. You agree not to display and/or use in any manner the KPACT.xyz logo or marks without obtaining KPACT.xyz’s prior written consent.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

KPACT.xyz will always respect the intellectual property of others, and we ask that all of our Users do the same. With regards to appropriate circumstances and at its sole discretion, KPACT.xyz may disable and/or terminate the accounts of any User who violates our General Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
3. A description of the location of the site which you allege has been infringing upon your work;
4. Your physical address, telephone number, and email address;
5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.