PSYCHWEST, INC TERMS OF SERVICE
TERMS OF SERVICE
Last updated October 11, 2026
AGREEMENT TO OUR LEGAL TERMS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
Your use of our Services
- access the Services; and
- to only download or print a copy of any portion of the Content to which you have properly gained access. You do not have exclusive rights to download, print, or copy any content or copyrighted material that is not permitted. See “PROHIBITED ACTIVITIES” for further details.
Your submissions
- confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission are original to you or that you have the necessary rights andlicenses to submit such Submissions and that you have full authority to grant us the above- mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential information.
3. MANDATORY ATTRIBUTION IN PROFESSIONAL REPORTS
As a subscriber to the Mental Competency Assessment & Training (MCAT) Program and/or the Mental Competency Evaluation Scale (MCES) and/or the Juvenile-Mental Competency Evaluation Scale (J-MCES) provided by Psychwest, Inc., you shall indicate the use of our tools and methodologies in your professional reports.
Mental Competency Assessment & Training (MCAT) Program
‘This training material content in this report was conducted using the methodologies and resources provided through the Mental Competency Assessment & Training (MCAT) Program by Psychwest, Inc. (psychwest.com). All proprietary tools, techniques, and materials used are subject to the intellectual property rights of Psychwest, Inc.’
Mental Competency Evaluation Scale (MCES) / Juvenile-Mental Competency Evaluation Scale (J-MCES)
4. USER REPRESENTATIONS
5. USER REGISTRATION
6. PURCHASES AND PAYMENT
– Visa
– Mastercard
– American Express
– Discover
– Google Pay
– Apple Pay
– Direct Deposit
– Government Contracted Checks
7. CANCELLATION
8. PROHIBITED ACTIVITIES
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1><1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “perns”).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.
• Unauthorized Copying or Distribution: Users shall not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any company product or service unless we give you explicit permission to do so.
• Illegal Activities: Use of our services for any illegal activities or to violate any laws in your jurisdiction is strictly prohibited.
• Impersonation: Impersonating another user or providing false identity information is not permitted.
• Unauthorized Access: Users shall not attempt to gain unauthorized access to our systems or networks.
• Interference with Services: Any activity that interferes with or disrupts the services or servers or networks connected to the services is prohibited.
• Data Mining, Scraping or Unauthorized Copying: The use of automated systems or software to extract data from our website, applications, or services is not permitted. Unauthorized copying or reproduction of content in any format – including, but not limited to, printed, digital, screenshots, photocopying, recording, or any other method – is strictly prohibited without explicit authorization from Psychwest, Inc.
• Malicious Code: Users shall not transmit any viruses, malware, or other types of malicious software.
• Harassment or Abuse: Harassing, threatening, or abusing other users or staff in any way will not be tolerated.
• Violation of Privacy: Violating the privacy rights of other users or obtaining personal information without consent is strictly forbidden.
• Restricted Commercial Activity: While users are permitted to use our services for commercial activities, such use is strictly limited to the scope of their subscribed and licensed plan. Users are prohibited from using our services for any commercial activity beyond what their subscription and license allows. Any activity necessitating a broader scope would require an immediate upgrade to a higher subscription model. For example, under the “Standard” Plan, license is granted for up to 3 users to access the training material and to provide training for up to 12 clients. If the number of users or clients exceeds these limits, an immediate upgrade is necessary. Therefore, any commercial use of our services beyond the limits of a user’s licensing subscription plan is strictly prohibited.
• Sharing Account Credentials: Users are strictly prohibited from sharing their account login credentials with other individuals. Each subscription plan is intended for a designated number of users and each user should have their unique login credentials. Sharing of login information is considered a breach of this agreement and may result in immediate suspension or termination of the account under Section 20 and potential legal consequences.
9. SUBSCRIPTION TIERS AND SCOPE OF USE
1. Free Evaluator Subscriber Tier
2. Paid Evaluator Subscriber Tier
10. USER GENERATED CONTRIBUTIONS
11. CONTRIBUTION LICENSE
12. THIRD-PARTY WEBSITES AND CONTENT
13. SERVICES MANAGEMENT
14. TEST ADMINISTRATION
15. MCES AND J-MCES LICENSE AGREEMENT AND ATTESTATION POLICY
16. MCAT PROGRAM TRAINING SUBSCRIPTION LICENSE AGREEMENT AND ATTESTATION POLICY
17. MCES AND J-MCES LIMITATION AND RESEARCH NOTICE
18. INDUSTRY-SPECIFIC COMPLIANCE: HIPAA NOTICE
19. CLIENT CONFIDENTIALITY AND DE-IDENTIFICATION
To protect the privacy of the individuals our subscribers and partnered agencies serve, and to support compliance with the Health Insurance Portability and Accountability Act (“HIPAA”) and other applicable privacy laws, the Services are designed to operate on a de-identified basis. When creating, managing, or submitting client records through the Services, you agree that:
- De-identified codes only. Each client must be identified solely by an arbitrary code or pseudonym assigned and controlled by your agency. You must not enter a client’s real name, initials, date of birth, or any other information that could be used, alone or in combination, to identify the individual.
- Your agency retains the key. Any key or record linking a code to an actual individual must be created, controlled, and securely maintained by you or your agency. Psychwest does not request, receive, or store this linking information.
- Psychwest does not receive identifying information. Because client records are de-identified before they reach the Services, Psychwest does not collect or maintain protected health information or other personally identifying details about your clients.
- Your responsibility. You and your agency are solely responsible for ensuring that all client information entered into the Services is properly de-identified, for obtaining any consents required under applicable law, and for safeguarding any key you maintain.
By using the client-management features of the Services, you attest that the information you enter is de-identified and contains no real name, initials, or other identifying details, and that your agency retains any key linking the record to the individual. This approach keeps client records de-identified within our systems and helps both Psychwest and our partnered agencies meet their respective privacy and HIPAA obligations.
20. TERM AND TERMINATION
21. MODIFICATIONS AND INTERRUPTIONS
22. GOVERNING LAW
23. DISPUTE RESOLUTION
Informal Negotiations
24. CORRECTIONS
25. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
26. LIMITATIONS OF LIABILITY
27. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
29. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
30. MISCELLANEOUS
31. INACTIVE, DORMANT AND SUSPENDED ACCOUNTS
• the Free Evaluator Plan;
• anything you paid for that you can still use, however long ago you bought it, such as assessment credits, add-ons, digital manuals, Bookcase materials, course access or prepaid course seats;
• a staff seat on an agency account that is still active, or ownership of an agency account;
• a purchase in the last two years.
32. CONTACT US
1445 BUTTE HOUSE RD., STE. F
YUBA CITY, CA 95993
United States
Phone: 530-751-1122
psychwestinc@psychwest.com