THIS IS AN AGREEMENT BETWEEN YOU AND THERAPISTS.COM
These Terms of Service ("Terms" or "Agreement") govern your access to and use of Therapists.com's Internet-based services ("Services"), including, without limitation, Internet navigation assistance web pages or application results containing search results, and other content offered through Therapists.com, as well as any web page or mobile application that links to or references these Terms (collectively, the "Website"). The Services may provide paid advertisements, listings, or other sponsored information in addition to unpaid search results. Sponsored advertisements, listings, and sponsored information may be given priority over unpaid listings.
Therapists.com OFFERS THE SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
CHANGES TO THESE TERMS
These Terms may change from time to time, and those changes will be available for your review on most Website pages that you view, and on our web page located at http:// Therapists.com.com/terms. We will post any changes to the Terms on this website and, if the changes are significant, we will provide a more prominent notice. You should revisit these Terms on a regular basis. You understand and agree that your access to or use of the Services and/or the Website is governed by the Terms effective at the time of your access to or use of the Services and/or the Website. Your continued use of our Services or the Website after any changes have been made will signify your assent to the changed Terms.
USING THE SERVICES
GRANT OF RIGHTS
Subject to your compliance with these Terms, Therapists.com grants you a limited, non-exclusive right to use the Services, including any content available to you via the Services, only as permitted in these Terms. The Website is for your personal, non-commercial use only.
When you create a Therapists.com Account, you agree to take full responsibility for maintaining the confidentiality of your Therapists.com Account username and password, and for all activity that is generated by your Therapists.com Account. Accordingly, you understand and agree that you will be liable for any activity performed by any people using your Therapists.com Account. You agree to immediately notify Therapists.com of any unauthorized use of your Therapists.com Account or any other breach of security.
The Website is not intended for users under the age of 13. Users under the age of 13 are expressly prohibited from creating a Therapists.com Account with Therapists.com. By creating a Therapists.com Account or using the Services, you represent and warrant that you are at least 13 years old, are of adequate legal competence and/or capacity to enter into and abide by these Terms with Therapists.com, are not creating a Therapists.com Account in order to compete with Therapists.com, and are not otherwise prohibited from using or receiving the Services in accordance with these Terms.
NO UNLAWFUL OR HARMFUL USE OF THE SERVICES
You represent and warrant that your usage of the Services will only be for lawful purposes and will be done in accordance with these Terms, and all applicable laws generally. You also represent and warrant that you will not use any of the Website Pages or Services to violate any law, regulation or ordinance or any right of Therapists.com or any third party, including, without limitation, any right of privacy, publicity, copyright, patent or trademark or other intellectual property right.
You will not use the Services, or any Website Page (i) to violate or infringe upon the rights of others in any way, (ii) to violate or facilitate the violation of any law or to encourage others to violate any law, (iii) to send unsolicited bulk e-mail and/or instant messages, (iv) to transmit, relay, or otherwise communicate vulgar, unlawful, obscene, profane, indecent or otherwise offensive or objectionable materials or information, (v) to falsify your identity or impersonate another person; or (vi) to engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, as determined by Therapists.com in its sole and absolute discretion. You will not send automated queries of any sort to the Services without express permission in advance from Therapists.com. Please note that "sending automated queries" includes, among other things (a) using any software that sends queries to the Services to determine how a web site or web page "ranks" on the Services for various queries; (b) "meta-searching" the Services; (c) performing "offline" searches on the Services; and (d) using software robots, spiders, or other tools to "scrape" or automatically copy any portions of the Web Site or Services.
You may not reproduce, duplicate, copy, sell, resell, exploit or otherwise use the Website, any portion thereof, or any services or products available thereunder for commercial purposes. You may not use the Website in any way that harms Therapists.com, its affiliates, resellers, distributors, advertisers, service providers and/or suppliers (each, a " Therapists.com Party" and collectively, the " Therapists.com Parties") or any customer of a Therapists.com Party, as determined in Therapists.com 's sole discretion. Without limiting the generality of this Section, you will not use the Website in any manner that could damage, disable, overburden, or impair any Website Page (or the network(s) connected to any Internet Web Page) or interfere with any other party's use and enjoyment of the Services. Your use of the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Services, all of which is owned by Therapists.com, its Partners, or other entities.
You agree not to (1) reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, provide or distribute others with any portion of the Website or Services, or any information available on, extracted or derived from the Website or Services, or any part thereof; (2) connect, use, attempt to connect or use in any way the Services, for purposes other than your private, personal use in good faith and as explicitly offered on our website, including without limitation for any commercial purpose, such as, for instance, sending unsolicited communications of any type or nature; (3) interfere, block, disable or otherwise affect any advertising, advertising element, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Services; and (4) incorporate, integrate or otherwise include any portion of the Services that is comprised of software into any software, program or product that communicates, accesses, or otherwise connects with the Services or any other instant messaging, Internet, or online service. Finally, you may not assist, encourage, enable, or authorize or assist any third party to do any of the things described in this section.
TERMINATION; VIOLATIONS; SURVIVAL
Therapists.com may terminate these Terms, or terminate or suspend your access to the Services and/or the Website at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Services will immediately cease.
If you violate these Terms in any way, including, without limitation, by repeat infringement of copyrights, Therapists.com may, at its sole discretion, terminate your account, remove or modify any account-related content or access, or take any other action that Therapists.com believes is appropriate. Therapists.com may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the Services or the Website who are involved in such violations. If your access to the Services is terminated, Therapists.com may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider.
In the event of termination of these Terms, whether by us or you, these Terms shall survive in full force and effect indefinitely unless and until Therapists.com chooses to terminate such Terms, regardless of whether you close your Therapists.com Account or whether you continue to use the Services and/or the Website.
b. COPYRIGHT INFRINGEMENT CLAIMS
Therapists.com respects the intellectual property of others, and asks its users, advertisers, licensors and service providers to do the same. If you believe that your work has been copied and is accessible on or through the Services in a way that constitutes copyright infringement, please contact us for instructions on how to report copyright infringement to Therapists.com.
As you use the Services, you should expect to receive, access or use information, text, materials, graphics, software, sound, data, advertising, and other content (collectively, "Content") provided by Therapists.com and other Therapists.com Parties. You acknowledge and agree that the Website and any Content, Services or software available through or used in connection with the Website, including without limitation proprietary databases, software, servers, components, and algorithms necessary to operate and provide the Services, contain proprietary and confidential information that is owned by one or more Therapists.com Parties, and is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content made available via the Services or the Website, but provided by third parties may be subject to separate Terms and Conditions established by those third parties. Therapists.com 's formatting of such content, including the selection of such available content, and its arrangement, enhancement and coordination is copyright protected by Therapists.com. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Website or by advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the appropriate Therapists.com Parties, you agree not to modify, rent, lease, loan, sell, publish, transmit, distribute, create derivative works based on, or in any way exploit the Services, the Website, or any Content available through or used in connection with the Website, in whole or in part. You are not permitted to store any portion of the content of the Services in a computer unless it is for personal and non-commercial use.
You acknowledge and agree that Therapists.com.com® and other Therapists.com logos, products and service names are or may be trademarks and/or service marks of Therapists.com ("Therapists.com Marks"). You agree that you will not display or use the Therapists.com Marks in any manner, without the express written permission of Therapists.com. The names of other products and companies contained within our Services may be the trademarks or service marks of their respective owners. Nothing in these Terms grants you any license to use any trademark, service mark, names or logos of Therapists.com, any Therapists.com Parties, or any third party.
INFORMATION AVAILABLE FROM THE RESULTS PAGES
Therapists.com and the Therapists.com Parties do not warrant or guarantee the accuracy, completeness or timeliness of any information available via the Services, or on any Website Page. Therapists.com and the Therapists.com Parties do not authorize the use of information available via the Services, or on any Therapists.com Web Page for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes. Therapists.com does not endorse or recommend any particular product or service.
LINKS; THIRD PARTY SERVICES
Certain portions of the Website contain features and functionality that may link to or be provided from a third party, including without limitation third party websites, databases, applications, software, programs, services, directories, servers, networks, and systems (collectively, "Third Party Services"). Therapists.com provides access to these Third Party Services to you as a convenience only. Therapists.com is not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained therein. By making such Third Party Services available via the Website, Therapists.com is not endorsing or warranting such Third Party Services in any way. Furthermore, Therapists.com does not endorse any product or service that may be offered on or through such Third Party Services or through advertising delivered on or through the Services. Under no circumstances shall the access to or availability of such Third Party Services give rise to any liability to anyone for any damage of whatever nature whatsoever.
SECURITY AND PRIVACY LIMITATIONS
By use of any of the Website, you acknowledge that you are aware (1) that data and information on the Website may be subject to forgery, eavesdropping, tampering, sniffing, spamming, spoofing, password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access to, or retrieval of, information and data on your computer; (2) of security and privacy limitations in the Website including without limitation the limitation of security, privacy and authentication measures and features; (3) that the security and privacy features available on the Website, are provided to you as a convenience only and may not operate according to their description or may not operate at all; and (4) that information, data or messages may not reach their destination or may reach an erroneous address or recipient. You acknowledge that, as with most Internet applications (i.e. e-mail), there are certain risks associated with accepting or downloading files from or through Therapists.com. Such risks include, but are not limited to, (1) damage to your computer, (2) damage to any data or files stored on your computer, (3) Therapists.com users viewing your IP address, and (4) files you share with other Therapists.com users being redistributed and used without your knowledge.
Therapists.com MAKES NO WARRANTY
THE Therapists.com PARTIES PROVIDE THE SERVICES AND Therapists.com WEB PAGES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Therapists.com PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE Therapists.com PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Therapists.com DOES NOT WARRANT THAT THE SERVICES, Therapists.com WEB PAGES OR WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER A RE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF Therapists.com's WEB PAGES OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE Therapists.com WEB SITES OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, Therapists.com IS NOT RESPONSIBLE FOR THOSE COSTS.
LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY Therapists.com PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR THE Therapists.com WEB PAGES, EVEN IF SUCH Therapists.com PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 18 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Therapists.com PARTY WITH RESPECT TO THIS AGREEMENT OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
CHANGES TO THE SERVICES; ADDITIONAL LIABILITY LIMITATION
YOU ACKNOWLEDGE AND AGREE THAT THE Therapists.com PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT PROVIDED BY Therapists.com OR ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT Therapists.com IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND OTHER WEBSITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED BY Therapists.com TO YOU, OR (5) ANY LOSSES, DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS CONTAINED ON THE Therapists.com WEB PAGES. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT PROVIDED BY Therapists.com OR ANY THIRD PARTIES, INCLUDING ANY RELIANCE ON THE ACCURACY OR COMPLETENESS OF SUCH CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
You agree to release, indemnify, defend and hold harmless Therapists.com, its parent, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of your use of the Website, any breach by you of this Agreement, or your violation of any rights of another. Therapists.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.
a. Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of California, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject the Website are directed. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Santa Clara County, California, USA in all disputes arising out of or relating to this Agreement or the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.
b. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Therapists.com may assign this Agreement, in whole or in part, at any time with or without notice to you.
c. You may not assign this Agreement. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Therapists.com with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Therapists.com with respect to the Website.
d. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
e. Any failure by Therapists.com to exercise or enforce any provision of the Terms does not constitute a waiver of such right of provision.
f. YOU AND Therapists.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the Website are copyrighted by Therapists.com.com and/or its suppliers. All rights reserved. Therapists.com.com, the Therapists.com.com name and logos (old and new), and/or other Therapists.com products and services referenced herein may also be either trademarks or registered trademarks of Therapists.com in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
Certain portions of the content on the Website may be provided by BetterHelp. This information is proprietary to BetterHelp and is protected under U.S. copyright law and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part, to any third party; and you will not make such BetterHelp information available, in whole or in part, to any other user in any networked or time-sharing environment, or transfer the information, in whole or in party, to any computer other than the PC used to access this information.