Terms of Use


TERMS OF USE

Effective: April 30, 2013

Welcome to TherapyfindR.com, an online marketplace for therapists (each, a “Therapist”). TherapyfindR.com and the mobile version thereof (together, the “Site”) and the services available through the Site ("the Services") are operated by TherapyfindR Inc. (collectively, "us", "we" or "the Company"). By accessing or using the Site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use"), whether or not you are a registered member of the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the revised Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site or the Services after any such changes constitutes your acceptance of the new Terms of Use on behalf of you.  If you do not agree to these Terms of Use, do not use or access (or continue to use or access) the Site or the Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.


1. Registration


If you choose to become a Registered User, you will be asked to provide us with personally identifiable information, such as your name, mailing address and email address, and, if the Services are provided for a fee, you will also be required to provide us with a valid credit card number.  You will also have to create a username and password.  You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; (c) maintain the security of your username and password; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

2. Your Personal Information


The personally identifiable information that you provide to us during the registration process will be used by us in accordance with our Privacy Policy https://www.therapyfindr.com/page/7-privacy ,which is hereby incorporated in full by reference.  Please review our Privacy Policy carefully before you accept these Terms of Use

 

3. About the Site and the Services

Through the site, you can search our directory of Therapists.  As a registered user of the Service (a “Registered User”), you can use our concierge service (“TherapyfindR Concierge”), which provides you with guidance in selecting a Therapist.  TherapyfindR Concierge is provided to you for a fee, as descriced here https://www.therapyfindr.com/concierge/landing.  As registered user, you can also participate in our community (the “TherapyfindR Community”) by accessing and posting to our message boards.

 

4. TherapyfindR Community Code of Conduct

As a Registered User, you have the ability to participate in the TherapyfindR Community and connect with other Registered Users.  You are solely responsible for any content and other material that you submit, publish or display or transmit through the TherapyfindR Community (hereinafter, "Posted Content"), and you agree to abide by the code of conduct set forth herein.

The following is a partial list of the kind of content and communications that are illegal or prohibited in the TherapyfindR Community. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the TherapyfindR Community and terminating the membership of such violators or blocking your use of the Services and/or the Site.

 

You may not post content that:
 

is false or intentionally misleading;
is unlawful or that promotes or encourages illegal activity;
harasses or advocates harassment of another person;
involves the transmission of unsolicited mass mailing or "spamming";
consists of unsolicited advertising, promotional materials or any other form of solicitation, commercial or otherwise;
violates any applicable local, state, federal or international law;
violates the intellectual property or other rights of any person;
is threatening, obscene, defamatory or libelous;
is pornographic or sexually explicit in nature; or
falsely expresses or implies that such content or material is sponsored or endorsed by us.

 

You understand and agree that we may review and delete any Posted Content (without notice to you) that in our sole judgment violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Site and/or other website users.

By posting Posted Content to the TherapyfindR Community, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, us, our contractors, and the users of the Site an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. You acknowledge and agree that we have the right under the foregoing license to combine your Posted Content with the Posted Content of other Registered Users for purposes of constructing or populating a searchable database of reviews related to the Therapists, without compensation to you.

5. Intellectual Property Rights in the Site.  You acknowledge that the Site and the Services, together with any underlying technology or software used in connection with the Site and the Services contain our proprietary information. We give you permission to use the aforementioned content for personal purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Site or the Services.  You shall not (and you agree not to allow any third party to):

modify, adapt, translate, or reverse engineer any portion of the Site and/or the Services;
remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;
use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
reformat or frame any portion of the web pages that are part of the Site and/or the Services;

All trademarks, logos and services marks displayed on the Site are trademarks belonging to us, our affiliated entities, or our licensors (collectively the “Trademarks”).  Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to the benefit of us, our affiliated entities, or our licensors, as the case may be.

Except for Posted Content, all of the content available on or through the Site and the Services, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties.  You may print, download, and store information from the Site or the Services for your own convenience, but you may not distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. 

6. Copyright Complaints

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you, or your agent may send us a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; for details, see http://www.loc.gov/copyright.

Our Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows:

Procedure for Reporting Copyright Infringements:

Please contact our Copyright Agent at info@therapyfindr.com, (917)612-0210 or 424 West end Ave Suite 15C, NY, NY 10024

 

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
 

7. Links to Other Sites

The Site may include links to other websites, including links provided as automated search results and links to advertisers' websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

8. Disclaimers

WE PROVIDE THE SITE AND THE SERVICES 'AS IS', 'WITH ALL FAULTS' AND 'AS AVAILABLE.' WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL ALWAYS BE ABLE TO ACCESS OR USE THE SITE OR THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.

 

NOTHING OBTAINED ON THIS SITE OR THROUGH THE SERVICES SHOULD BE RELIED ON AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL ADVICE, DIAGNOSIS, OR TREATMENT.  DO NOT DISREGARD, AVOID OR DELAY OBTAINING PROFESSIONAL ADVICE FROM A LICENSED PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE SEEN OR HEARD ON THE SITE OR THROUGH THE SERVICES.  YOUR USE OF INFORMATION PROVIDED ON THE SITE OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL OR PROFESIONAL CARE.

 

WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC THERAPIST THAT YOU OBTAIN THROUGH THE SITE OR THE SERVICES.   IF YOU RELY ON ANY OF THE INFORMATION PROVIDED BY ANY THERAPIST THAT YOU OBTAIN THROUGH THE SITE OR THE SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.

9. Limitations of Liability

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE SITE OR THE SERVICES OR (B) $100.  IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE SERVICES IS TO STOP USING THE SITE AND/OR THE SERVICES.

YOUR PARTICIPATION, CORRESPONDENCE OR BUSINESS DEALINGS WITH ANY THERAPIST OR OTHER REGISTERED USER THROUGH THE SITE OR THE SERVICES, ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY.  YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, OR OTHER MATTERS OF ANY SORT INCURRED AS THE RESULT OF SUCH DEALINGS.

10. Termination

We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Use or other policies and terms posted on the Site by you or by someone using your account and password. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. We will not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site or the Services after any such deletion, deactivation or termination. Sections 5, 7, 8, 9, 11, 12 and this Section 10 shall survive any termination or expiration of these Terms of Use.

11. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use by you or any third party using your account and password.

12. Miscellaneous

This agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state's conflicts of law statute.  Any legal action, suit or proceeding arising out of or relating to these Terms of Use shall only be instituted, heard and adjudicated in a state or federal court located in New York, New York, and each party hereto knowingly, voluntarily and intentionally waives any objection which such party may now or hereafter have to the laying of the venue of any such action, suit or proceeding, and irrevocably submits to the exclusive personal jurisdiction of any such court in any such action, suit or proceeding.  We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense these Terms of Use to any third party and any attempt to do so in violation of this section shall be null and void.  You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services.  If you do not qualify, do not use the Services.  The Site and the Services are administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to such use.  

 

 

THERAPIST AGREEMENT

Effective: April 30, 2013

TherapyfindR Inc (“we,” “us,” “our”) owns and operates TherapyfindR.com (the “Site”), which is an online marketplace that connects therapists with individuals in need of their services.  You are a licensed therapist who wishes to advertise your services through the Site.  By clicking “I accept” at the end of this agreement (this “Agreement”), you represent that you have read, understand and agree to be bound by the terms of this Agreement.  If you do not agree to the terms of this Agreement, you are not permitted to advertise your services through the Site. 

1. The Listing Service.

Through the Site, we provide a listing service (the “Listing Service”), whereby you can, subject to the terms of this Agreement, list your therapy services in our directory, which is searchable by users of the Site (each, an “End User”).  We merely provide End Users with the Listing Information (as defined below) that you provide to us, and we do not have any involvement in or liability in connection with your interaction with any End User.  You are solely responsible for all aspects of the provision of your services (“Your Services”) to any End User to whom you agree to provide Your Services to (including, without limitation, charging and collecting fees to and from such End Users for Your Services).  We retain all right, title and interest in and to the Site and all content therein and all technology relating thereto, as well as the Listing Service, and all intellectual property rights relating to any of the foregoing.  Nothing in this Agreement gives you any right to use the Site or the Listing Service for any purpose other than to make your Listing Information (as defined below) available to End Users.  

2. Your Listing Information.

You shall provide us with current, accurate information regarding your practice and services as requested by us, including, without limitation your name, your practice area, your practice name, your practice location and your professional contact information (collectively, the “Listing Information.”).  You hereby grant us a non-exclusive license to use the Listing Information as necessary to provide you with the Listing Services.  You acknowledge and agree that this requires us to make the Listing Information available to End Users, and that those End Users may use the Listing Information to contact you.  We have no responsibility for and assume no liability in connection with any actions by any End User or your interactions with any End User. 

3. Term and Termination. 

The term of this Agreement shall commence upon your acceptance below and will continue until terminated as set forth herein.  Either party may terminate this Agreement at any time for any or no reason immediately upon written notice (which may include email) to the other party.  Sections 4, 5, 6, 7 and this Section 3 shall survive any termination or expiration of this Agreement.

4. Warranties. 

You hereby represent and warrant that (i) all Listing Information is accurate and complete; (ii) you are qualified to perform Your Services, and you shall perform Your Services in a competent, professional, workmanlike manner; (iii) neither Your Services nor the provision by you thereof will conflict with or violate any applicable federal, state or local law, rule, regulations, ordinance, binding order of any court, agency or other governmental authority, or the rules or regulations required of professionals in your profession (collectively, “Laws”); (iv) you shall protect all information relating to End Users in accordance with all Laws; and (v) you are located in the United States and hold all valid licenses, registrations, certifications and/or other requirements necessary to perform Your Services in accordance with all Laws. 

5. Disclaimers.

THE LISTING SERVICE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE AMOUNT OR QUALITY OF BUSINESS THAT YOU WILL RECEIVE THROUGH THE LISTING SERVICE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SITE AND THE LISTING SERVICE.  WE DO NOT GUARANTEE THAT YOU OR END USERS WILL ALWAYS BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR OR END USERS’ CHOOSING.


IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE LISTING SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED $100.  IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE LISTING SERVICE.  THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE LISTING SERVICE IS TO STOP USING THE LISTING SERVICE.

YOUR PARTICIPATION, CORRESPONDENCE AND BUSINESS DEALINGS WITH ANY END USER, ARE SOLELY BETWEEN YOU AND SUCH END USER.  YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, OR OTHER MATTERS OF ANY SORT INCURRED AS THE RESULT OF SUCH DEALINGS.

6. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party (including, without limitation any End User) that arise from or are related to (a) your use of the Listing Service, (b) the Listing Information, (c) Your Services, or (d) breach by you of any of your representations, warranties or other obligations under this Agreement.

7. Miscellaneous

This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state's conflicts of law statute.  Any legal action, suit or proceeding arising out of or relating to this Agreement shall only be instituted, heard and adjudicated in a state or federal court located in New York, New York, and each party hereto knowingly, voluntarily and intentionally waives any objection which such party may now or hereafter have to the laying of the venue of any such action, suit or proceeding, and irrevocably submits to the exclusive personal jurisdiction of any such court in any such action, suit or proceeding.  We may assign this Agreement at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to any third party and any attempt to do so in violation of this section shall be null and void.  This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior or contemporaneous written, oral or other agreement between the parties.