- PROHIBITED USE You may not use the Site to (i) solicit listed providers, (ii) reproduce Site content without authorization, (iii) establish independent data files using Site data, (iv) scrape, crawl, or in any way data-mine the Site, (v) otherwise compile Site information for use by any commercial entity, (vi) use any information found on the site to violate local, state, federal, or international laws, (vii) use information from this site to violate CAN-SPAM or the Telephone Consumer Protection Act, (viii) verify the credentials of therapists or (ix) upload, distribute or otherwise publish content that is confidential, false, fraudulent, defamatory, threatening, invasive of privacy, infringing intellectual property, illegal, or encourages criminal offense.
- SUBSCRIPTIONS AND BILLING
- 4.1. Ongoing Subscription and Fees. While we may offer Content from time to time for free, we charge a fee to access the Services. We will bill you in advance for your subscription. Your subscription will continue and automatically renew on a recurring basis corresponding to the term of your subscription unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms. therapist.com reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next Billing Period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes.
- 4.2 Cancellation and Refunds. You can cancel your subscription by logging into your therapist.com account and following the instructions Help page within your account. You must cancel your subscription prior to 11:59 p.m. Central time on the day before your next recurring billing date in order to avoid being charged. Unless otherwise communicated, if you cancel your subscription, you will continue to have access to the Service through the end of your current Billing Period. However, if you modify your subscription to switch from one Service to another Service during your Billing Period, you may not have continued access to your original Service. If you cancel, you will also forfeit any service.
- 4.3 Free Trials. On occasion, we may offer free trials to a particular Service, subject to specific terms explained during your sign-up. You can view details of your free trial on your therapist.com account page within the billing portal. therapist.com reserves the right to determine eligibility for free trials, which may vary based on factors including the Service selected, how recently you redeemed a free trial, and whether the Service is part of a combined offering. Certain limitations may also exist with respect to combining free trials with any other offers.
It is very important to understand that you will not receive a notice from therapist.com that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Central Time on the last day of your free trial period. You may cancel your subscription at any time as described in the “Cancellation and Refunds” section of these Terms. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.
- 4.4 Promotions. If we offer you a promotion (e.g., a promotional price, bundled subscription, or device-specific offer), the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you. We will begin billing your Payment Method for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.
- PROPRIETARY RIGHTS Site content is the property of Therapist.com, its sponsors, partners, advertisers, content providers, or other third parties and is protected in all media now existing or hereafter developed, by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any Site content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Therapist.com.
- THIRD-PARTY CONTENT Some of the Site materials are provided by independent information providers (“IIPs”). We make no representations with respect to, and assume no responsibility or liability for, any information, materials, or other content provided by any of the IIPs. We do not endorse, oppose, or edit any opinion or analysis expressed by any of the IIPs.
This Site is not a referral service but offers information that may help you locate a professional. Although we undertake reasonable efforts to keep Site information accurate, the information is not guaranteed and no responsibility is assumed for errors or omissions, nor do we in any way endorse the individuals or practices or the services they may provide. We may provide links to a professional’s, or other, internet sites; you acknowledge that we have no responsibility or liability (directly or indirectly) for (i) the availability of such external sites or resources; (ii) any content, advertising, products, or other materials on or available from such sites or resources; (iii)any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with your use of or reliance on any such content, goods, or services available on or through any such site or resource.
- DISCLAIMER The Site or Site materials are not intended to be a substitute for professional advice. Under no circumstances will we be liable for any damage, loss, claim, or complaint caused by your reliance on information available through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, advice, opinion, materials, or other content available through the Site. Please seek the advice of appropriate professionals regarding the evaluation of any specific information, advice, opinion, materials, or other content. Never disregard professional advice, including medical advice, or delay seeking it, because of something you have read on this Site.
- DISCLAIMER OF WARRANTIES The Site and Site materials are provided “as is“ and “as available.“ We do not provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) the Site or Site materials, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to the Site will be uninterrupted, timely, secure, or error free; (iii) the quality of any services, information, or other material obtained by you through the Site will meet your expectations; or (iv) Site materials will remain unchanged or accessible on the Site. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.
The Site or Site materials are not intended to be a substitute for professional advice. Under no circumstances will we be liable for any damage, loss, claim, or complaint caused by your reliance on information available through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, advice, opinion, materials, or other content available through the Site. Please seek the advice of appropriate professionals regarding the evaluation of any specific information, advice, opinion, materials, or other content. Never disregard professional advice, including medical advice, or delay seeking it, because of something you have read on this Site.
- LIMITATION OF LIABILITY Therapist.com shall not be liable, and disclaims any liability, for any claim, loss, or damage—direct or indirect—including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising out of any defect or dissatisfaction with the enumerated items in this paragraph. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the Site or Site materials is to cease using the Site and Site materials.
- PASSWORD MAINTENANCE AND RESPONSIBILITY Certain features and areas of the Site are available only with registration, login, or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. Therapist.com is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact Therapist.com immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
- PROFILE SUBMISSIONS (RULES AND PERMISSION TO USE) You agree to provide accurate, current, and complete information during the account registration and profile submission process and at all other times when you use the Site, and to update information to keep it accurate, current, and complete.
- PROVIDER CONFIDENTIALITY OBLIGATIONS Providers must adhere to the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164, with respect to all protected health information, electronic or otherwise.
- CONFIDENTIALITY EXPECTATIONS ON THE INTERNET Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, we are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters.
Please keep in mind that communications via email over the internet are not secure. Although it is unlikely, there is a possibility that information you include in an email can be intercepted and read by other parties besides the person to whom it is addressed. Please do not include personal identifying information such as your birth date, or personal medical information in any emails you send to us.
- SITE MONITORING We reserve the right to view, monitor, and record activity on this Site without notice to or permission from you. We may disclose any records, electronic communications, information, materials, or other content of any kind: (a) if we believe in good faith that applicable law, regulation or legal process requires it; (b) if such disclosure is necessary or appropriate to operate this Site; or (c) to protect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening, policing, editing, or monitoring this Site. We are committed to complying with all applicable U.S. and foreign laws and regulations, including without limitation copyright and related laws, and expect all users of this Site to comply with all applicable laws and regulations as well.
- NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT OR INTELLECTUAL PROPERTY Therapist.com respects the intellectual property of others, and, particularly as to user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us via email at email@example.com.
Regardless of the jurisdiction in which you work or reside, this User Agreement is made in the State of Wisconsin, and will be construed and enforced in accordance with Wisconsin law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Wisconsin.
This Site is controlled and operated by Therapist.com from its offices within the United States. We make no representation that this Site or the Site Materials are appropriate or available for use outside of the United States, and access to this Site or the Site Materials from territories where their contents are illegal is prohibited. Those who choose to access this Site or the Site materials from locations outside of the United States do so of their own volition and are responsible for compliance with applicable local laws.
DATE LAST UPDATED: January 12, 2022