Terms and Conditions
The website Clear Insight (hereinafter “Website”) and any content therein (defined below) is owned and operated by Clear Insight, a Florida based Corporation (hereinafter “we” “us” “our”). Please read all Terms & Conditions before using our Website – by visiting and using this Website, you (hereinafter “visitor” “you” “your”) are consenting that you have read these Terms & Conditions, and agree to be bound by them. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account”: means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Content”: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Facilities”: means collectively any online facilities, tools, services or information that Clear Insight makes available through the Website either now or in the future;
“Services”: means the services available to you through this Website, specifically use of the Clear Insight proprietary e-learning platform https://.affirmativelearningcenter.com;
“Payment Information”: means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Premises”: Means Our place(s) of business located at: 14502 North Dale Mabry Hwy – Suite #200, Tampa, FL 33618 | USA;
“System”: means any online communications infrastructure that Clear Insight makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”: means any third party that accesses the Website and is not employed by Clear Insight and acting in the course of their employment;
“Website”: means the website that you are currently using (https:www//clearinsight.org) and any other domains of this site
(e. g. www.affirmativelearningcenter.com) unless expressly excluded by their own terms and conditions; and
“We/Us/Our”: means Clear Insight, a company incorporated in Florida, United States of America with Company registration Number G21000152045 , located at 14502 North Dale Mabry Hwy – Suite #200, Tampa, FL 33618 | United States of America.
2. Age Restrictions
2.1 Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
3.1 These Terms and Conditions also apply to customers procuring Services in the course of business.
4. Intellectual Property
5. Third Party Intellectual Propert
6. Fair Use of Intellectual Property
7. Links to Other Websites
8. Links to this Website
9. Use of Communications Facilities
9.1 When using any System or Service on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of Clear Insight or Our affiliates; and
9.1.7 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that Clear Insight reserves the right to monitor any and all communications made to Us or using Our System.
9.3 You acknowledge that Clear Insight may retain copies of any and all communications made to Us or using Our System.
9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
9.5 Should you choose to post anything on our Website, social media pages, webinars, classes or otherwise, you are hereby agreeing and acknowledging you will not post anything that could harm us or any another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. You understand that if you make the decision to post content that constitutes cyber bulling, your comments will be removed immediately, and we reserve our right to take action against you to the full extent of applicable laws.
10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required; and
10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
11.1 Either Clear Insight or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
12. Services, Pricing and Availability
12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from Clear Insight correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
12.2 Where appropriate, you may be required to select the required Plan of Services.
12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
13. Orders and Provision of Services
13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Clear Insight and you.
13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
13.2.3 Relevant times and dates for the provision of the Services;
13.2.4 User credentials and relevant information for accessing those services.
13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in
Clause 14, will be affected.
13.6 Clear Insight shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
13.8 Clear Insight provides technical support via email/or phone. Clear Insight makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
14. Cancellation of Orders and Services
We want you to be completely satisfied with the Products or Services you order from www.clearinsight.org. If you need to speak to us about your Order, then please contact customer care by email at firstname.lastname@example.org or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Clear Insight and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: email@example.com. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
16. How We Use Your Personal Information (Data Protection)
16.1 All personal information that We may collect on our Website https://www.clearinsight.org (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
16.2 We may use your personal information to:
16.2.1 Provide Our Services to you;
16.2.2 Process your payment for the Services; and
16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
17. How we will use and disclose your Personal Health Information (PHI)
17.1 Security of your account in our Practice Management System (Simple Practice Client Portal) and electronic Patient Health Information (ePHI) is fundamental to us, and we have gone above and beyond the standard security and privacy requirements to protect your data:
17.2 SimplePractice always transmits account information securely with multiple layers of encryption.
17.3 Your passwords are encrypted and not accessible to anyone but you.
17.4 All servers are housed in a secure facility protected by proximity readers, biometric scanners, and security guards 24 hours a day, 7 days a week, 365 days a year.
17.5 We hack our own site. SimplePractice runs thousands of tests on its own software to ensure security. We scan our ports, test for SQL injection, and protect against cross-site scripting.
17.6 Bank-level security.
17.7 SimplePractice has received the VeriSign security seal.
17.8 SimplePractice is HITRUST certified. The HITRUST framework is the gold standard of security certifications in the healthcare industry, and it incorporates the entirety of controls required by HIPAA, PCI, NIST CSF, ISO 27001 and ISO 27002
18. Security technology and practices of our Practice Management System & Client Portal Simple Practice
18.1 Your sensitive data is hosted in a Tier 1 secure hosting provider specializing in helping healthcare organizations achieve and maintain HIPAA and HITRUST security requirements:
18.2 Web pages and APIs are secured with 128-bit Secure Socket Layer encryption.
18.3 The cloud infrastructure uses multi-factor authentication.
18.4 Simple Practice use advanced key management and transparent data encryption.
18.5 Application level monitoring and intrusion protection.
18.6 HIPAA compliant encryption.
18.7 HIPAA compliant hosting architecture on enterprise level hardware.
18.8 HIPAA compliant system architecture with separate web and database environment.
18.9 Application and Database server isolation.
18.10 Firewall management.
18.11 Log retention with detailed audit trail.
18.12 Managed and secure backup and disaster recovery.
18.13 Managed patching, version control, and security updates.
18.14 Credit card transactions processed using secure encryption on a PCI compliant network.
19. Your conduct to Keep your account and data secure
Below are helpful precautions you should take to increase the security of your account:
19.1 Keep your computer and browsers current with the latest software and security updates.
19.2 Install and update anti-virus software.
19.3Use personal firewalls to protect your computer and network.
19.4 Password protect your home and office computer network.
19.5 Do not enable automatic login to your SimplePractice.com account.
19.6 Change your password periodically and avoid using passwords that you use for other accounts.
19.7 Don’t share your login credentials with anyone.
19.8 Always make sure you are logged out of your account when you are finished.
19.9 When using computers that are not your own, make sure you are fully logged out and close the browser.
20. Data records
20.1 We are obligated to keep records for access of PHI information for up to 7 years depending on individual state law. This includes audit/log files. While the U.S. Health and Human Services department does not provide specific HIPAA record retention requirements for ePHI, it does, however, provide guidance within Section 164.316(b)(2)(i). This section requires HIPAA-related policies and procedures documents be retained for a recommended six years in the absence of more specific guidance.
20.2 Additionally, we have the ability to delete an individual client’s information at any time by deleting the client’s profile.
21.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
21.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
21.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
21.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
21.5 We may also make the unilateral decision to change or discontinue all or part of our Website, its Content, or any portion thereof without notice before or after, and such Content may thereafter be unavailable. The Website and any and all content and products made available are offered on an “as is” basis, with no additional attachment or warranties therein. You understand and agree we are not obligated to you to continue running all or part of our Website or any content therein, or any particular products being offered for sale, nor shall we be liable for any harm to your business or personal self as a direct or indirect result of a decision to alter, remove, or change Content without notice.
22. Changes to the Facilities and these Terms and Conditions
22.1 We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
23. Availability of the Website
23.1 The Website is provided “as is” and on an “as available” basis. Clear Insight uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
23.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
24. Limitation of Liability
24.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
24.2 Nothing in these Terms and Conditions excludes or restricts Clear Insight´s liability for death or personal injury resulting from any negligence or fraud on the part of https://www.clearinsight.org.
24.3 Nothing in these Terms and Conditions excludes or restricts Clear Insight’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
24.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
25. No Waiver
25.1 In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
26. Previous Terms and Conditions
26.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
27. Third Party Rights
27.1 Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Clear Insight.
28.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
28.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
29. Law and Jurisdiction
29.1 These Terms and Conditions and the relationship between you and Clear Insight shall be governed by and construed in accordance with the Law of the United States of America and Clear Insight and you agree to submit to the exclusive jurisdiction of the United States of America.