GENERAL NOTICE and CONDITIONS OF USE
Springtime Counseling Center (SCC), through MyDuiGuy.com, is happy to provide alcohol/drug evaluation services for those who desire a more convenient and private evaluation session from their home or office, subject to the terms of this Agreement. SCC may modify this Agreement at any time via publication over our website. You, hereafter referred to as the "Client", agree to use the services of SCC and MyDuiGuy.com in accordance with the terms and conditions outlined below. The term "SCC" refers to the corporate entity, Springtime Counseling Center, as well as its directors, officers, agents, employees, successors and assigns.

Depending on the option for services that Client selects, it is important to note that receiving an evaluation over the internet can influence the communication between you and the counselor. Omitting information on your computer, the telephone, or videophone can result in an inaccurate evaluation of your situation. Therefore, you, the Client, play a very important role in making these evaluations accurate and beneficial.

It must be further understood that counselors in association with MyDuiGuy.com and SCC are alone responsible for their actions. SCC takes steps in selecting Associate Counselors to be certain that the counselors are well qualified and are licensed or certified to do evaluations in their respective state(s) or country, however, they are not an employee or agent of MyDuiGuy.com or Springtime Counseling Center and MyDuiGuy.com and SCC assume no responsibility for any act or omission of the counselor either prior to or after Client has agreed to complete an evaluation. Clients of MyDuiGuy.com services understand and agree that although the counselor was randomly assigned through the MyDuiGuy.com service, MyDuiGuy.com and SCC cannot predict the counselor's performance or personal actions and only the Client can judge the counselor's compatibility with their needs. Client also understands that he/she takes full responsibility for the decision to engage the counselor through the MyDuiGuy.com service.

Issues regarding any of the Associate Counselors with MyDuiGuy.com should be brought to the attention of SCC which will cooperate in coordinating your comments or complaints with the counselor in question as well as that counselor's state licensing and regulatory board, if needed. Should Client have a grievance, he/she should immediately bring it to the attention of their counselor. Client should be specific, noting the date, time, what was involved, and the basic circumstances of the grievance. If not resolved, the Client should commit the grievance to writing and mail this postage prepaid to Larry H. Turner, director of MyDuiGuy.com and Springtime Counseling Center, 6515 E. 82nd Street, Suite 102, Indianapolis, Indiana 46250 USA. Springtime Counseling Center will respond in writing with ten (10) business days and a final resolution will be made. Further appeal of the grievance may be submitted to the director Indiana Division of Mental Health and Addiction, 402 W. Washington Street, Room W353, Indianapolis, Indiana 46204-2739 USA.

CONFIDENTIALITY OF RECORDS
Although SCC/MyDuiGuy.com does not receive any federal funding, we nevertheless adhere to the federal confidentiality guidelines under 42 USC § 290dd-2. Under these regulations, as well as the Health Insurance Portability & Accountability Act (HIPAA 45 CFR), the records of alcohol and drug abuse patients are protected by 42 CFR Part 2 in addition to state statutes regarding the protection of health information records. Federal confidentiality regulations (42 CFR Part 2) prohibit redisclosure of information from alcohol and drug abuse patient records. However, HIPAA 45 CRF requires Springtime Counseling Center/MyDuiGuy.com to notify you of the potential that information disclosed (to courts, probation officers, attorneys, etc.) pursuant to your use of the Springtime Counseling Center/MyDuiGuy.com services, and at your direction, may be redisclosed by the recipient and is no longer protected by the HIPAA rules. There are important notices and exceptions to these confidentiality rules that are followed by most healthcare services in the USA and other countries:

SCC/MyDuiGuy.com provides security encrypted (SSL) transmission for all evaluations completed online. Should Client select options for downloading, video and/or telephone evaluations, it is understood that Client assumes the normal risks of interception in the course of using U.S. land mail, facsimile or transmission over telephone lines. It is understood that Client has the option of selecting the method of transmission of personal health information records. SCC/MyDuiGuy.com maintains all health information records in password-protected computers and/or secure peripheral equipment.

REFUNDS
All refunds must be requested within 30 days of your initial payment date, whether by credit card, or by cashier's check or money order. As stated in How It Works, we will refund your fee should the court of record, your probation officer, or a state motor vehicle official disallow our Evaluation. We require confirmation of the reason for this disallowance. Therefore, you will need to email the reasons that they have disallowed our Evaluation at our email address of : admin@myduiguy.com. We reserve the right to verify this information.

CREDITS
Should you decide not to use our service, credits to your credit card must be requested within 48 hours of your payment. We will send you a confirmation email from PlugNPay Company that the transaction has been voided. In the case of cashier's checks or money orders, we will deposit these checks and send you a refund check after your payments have cleared.

COPYRIGHTED MATERIALS
Copyrighted materials such as, but not limited to, the Springtime Counseling Center evaluation instrument and SCC-50 Report of Addiction Evaluation, may be downloaded or otherwise reproduced only for the Client's personal use. The Client agrees not to reproduce, distribute, transmit, publish, commercially publish, sell, or otherwise transfer any copyrighted material from MyDuiGuy.com or Springtime Counseling Center.

LIMITATION OF LIABILITY AND WARRANTY
Client agrees that his/her choice to use the SCC MyDuiGuy.com service is entirely at Client's risk. The SCC MyDuiGuy.com services are provided without warranty of any kind, either express or implied, including without limitation any warranty for counseling services, information, uninterrupted Internet access, products or other services provided through or in connection with SCC or MyDuiGuy.com. Specifically, SCC MyDuiGuy.com disclaims any and all warranties. This disclaimer of liability applies to any damages or injury caused by, error, omission, interruption in Internet transmission, deletion, a failure of performance, defect, delay in operation of transmission, alteration of or use of records, electronic virus, telephone line failure, theft, destruction, or unauthorized access to records.

HOLD HARMLESS
Client agrees to indemnify and hold SCC MyDuiGuy.com harmless from any dispute which may arise from a breach of the terms of this service Agreement. See additional releases of liabilities as listed in section: "Limited Liability and Warranty,” above.

GOVERNING LAW
Client understands that this Agreement shall be construed and controlled by the laws of the State of Indiana, USA. Any dispute arising from the terms of this Agreement or a breach of this Agreement shall be governed by the laws of the State of Indiana and the Client agrees to personal jurisdiction by the state and federal courts sitting in the State of Indiana.

NOTICE
SCC may give notice to Clients by means of publishing a general notice on the SCC MyDuiGuy.com website. Client may give notice to SCC MyDuiGuy.com. at any time by any of the following: Electronic mail to admin@myduiguy.com, fax letter to SCC MyDuiGuy.com at the following fax number: 317.841.9805, letter delivered by first-class, postage prepaid to SCC MyDuiGuy.com at: Springtime Counseling Center, 6515 E 82nd Street, Suite 102, Indianapolis, Indiana 46250 USA. Client notice is deemed to be given when received by SCC MyDuiGuy.com

MERGER CLAUSE
This Agreement constitutes the entire agreement between Client and SCC MyDuiGuy.com with respect to the subject matter contained herein and supersedes all previous agreements, proposals and communications, written or oral between SCC MyDuiGuy.com representatives and Client. SCC MyDuiGuy.com may, at any time, amend or modify this Agreement or impose new conditions at any time upon notice from SCC MyDuiGuy.com to Client as published through the SCC MyDuiGuy.com website. Any use of the SCC MyDuiGuy.com service by Client after such notice shall be deemed to constitute acceptance by Client of such amendments, modifications or new conditions. It is understood and agreed that if any part, term, or provision of this Agreement is held by a court to be illegal or in conflict with any law of the State of Indiana, the validity of the remaining terms of this Agreement shall not be altered, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the part, term, or provision held invalid.

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