Mental Health Match - Therapist Terms of Service

Terms of Use (THERAPISTS)

Last Updated: May 14th, 2019

Introduction

These Terms of Use are entered into by and between you (also referred to as “your” or “Therapist”) and Mental Health Match, Inc. (“Mental Health Match”, also referred to as “we”, “us”, or “our”).

For Therapists, Mental Health Match provides an online mental health advertising and networking platform (the "Listing Service"). The Listing Service is made available via mentalhealthmatch.com (the “Site”).

A Therapist is a user who is a psychiatrist, psychologist, counselor, clinician, therapist, clinical social worker, or similar professional, such as a mental health nurse practitioner, who is duly certified and licensed in good standing under applicable state law to provide mental or behavioral health services and has registered with the Listing Service through the Site.

If you are not a Therapist, then you are a Consumer and we refer you to the Terms of Use (Consumers) at mentalhealthmatch.com/consumer-tos. A Consumer is anyone who visits the Site, but is not registered as a Therapist with the Listing Service through the Site. Consumers may access the Matching Service through the Site. Together, the Listing Service available to Therapists and the Matching Service available to Consumers, along with all associated features and functions, are referred to collectively herein as the "Services."

The terms and conditions contained in this document and expressly incorporated by reference herein (collectively, the ''Terms of Use (Therapists)''), govern your access to and use of this Site, including any and all information, text, graphics, photos, functionality, services, or other materials created by Mental Health Match or obtained from our licensors, and other materials contained on or appearing on the Site (collectively referred to herein as “Content”).

By using or accessing the Site, registering with the Site for the Listing Service, or by clicking to accept or agree to these Terms of Use (Therapist) when this option is made available to you, you signify that you agree to be bound by these Terms of Use (Therapist) and our Privacy Policy located at mentalhealthmatch.com/Privacy, which is incorporated by reference in its entirety herein. Together our Terms of Use (Therapists) and Privacy Policy govern our handling of all personal information we receive and collect from you through this Site for the Listing Service.

THIS DOCUMENT EXPLAINS YOUR RIGHTS AND OBLIGATIONS, AND ANY CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOUR USE OF THIS SITE. PLEASE READ IT CAREFULLY AS IT INCLUDES BINDING ARBITRATION AND WAIVER OF CLASS ACTION PROVISIONS CONCERNING YOUR LEGAL RIGHTS.

BY ACCESSING OR USING THE SITE, THE SERVICES, OR CONTENT, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS AND YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT USE OR ACCESS THE SITE.

Therapist Eligibility

The Listing Service made available through this Site is solely offered and made available to Therapists who (1) agree to be bound by these Terms of Use (Therapists), (2) are 18 years of age or older, (3) are residents of the United States of America, and (4) are eligible to register for an account through our Site with our Listing Service. Access to the Site, the Listing Service, or the Content may be prohibited or restricted in countries or territories outside of the United States of America and any such access from outside the United States shall be at your sole risk.

YOU MUST DISCONTINUE YOUR USE OF THE SITE AND ARE PROHIBITED FROM REGISTERING WITH THE SERVICE IF YOU (A) DO NOT AGREE TO THESE TERMS OF USE, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE'S CONTENTS OR SERVICES BY APPLICABLE LAW.

Your Online Account

Subject to these Terms of Use (Therapists), you may establish an account with the Listing Service by registering as a Therapist. You may do so after visiting the homepage of our Site and clicking “Join Now” or after receiving an email invitation from a colleague introducing you to the Listing Service and the email may include a referral code offering you a free trial.

If you decide to establish a Therapist account via the Listing Service, you will be asked to affirmatively consent to these Terms of Use (Therapists) and our Privacy Policy and set up account access credentials unique to you. By establishing a Therapist account with the Listing Service, you agree to (i) maintain the confidentiality and security of your username and password as well as any Content or information you obtain through your access to the Site, including from Consumers, other Therapists, or us, (ii) promptly update any information you provide to us in connection with your account and keep it accurate, current, and complete, (iii) promptly cancel your account with this Site if your professional license or permit to provide therapy services is revoked, suspended or modified in any way, and (iv) accept full responsibility and liability for all use of your account and for any actions through your account.

You are responsible for all activities occurring under your account and for keeping your username, password, and any other account information confidential. Therefore, you should not provide any of your account credentials to anyone else. If you suspect someone is accessing or using your account without your permission, or if you need to change your password or verify your account information, please notify us immediately by contacting us by email at [email protected] or by visiting your account settings through the Site.

Changes to Site / Services

We reserve the right, at our sole discretion, for any reason, at any time, with or without notice to you, to modify, revise, or discontinue, temporarily or permanently, the Site (or any part thereof) or to terminate your username and account and/or your access to the Site (or any part thereof). When applicable, we will post a notice of any material changes to our Terms of Use (Therapists) here, so it is your responsibility to review these terms regularly. Under no circumstances shall we be liable for any direct or indirect loss, damage, liability, or expense incurred or suffered which is claimed to result from your use or loss of use of the Site or any Services made available on the Site, including without limitation, any fault, error, omission, interruption, or delay with respect thereto.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion you have violated any provision of these Terms of Use (Therapists).

Acceptable Use

This Site, the Services, and the Content are offered for informational purposes only. Mental Health Match is not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available to you via the Services and the Site, and is not responsible or liable for any error or omissions in that information. Under no circumstances will we be liable for any loss or damage caused by your reliance on Content obtained through the Services and the Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other Content available through the Services and the Site.

The Content is not and shall not be considered medical or professional advice. Your use of or access to the Listing Service and the Site absolutely does not create any medical treatment or counseling relationship between you, us, or any of the Consumers. We do not represent or warrant that any particular Therapist, medication, or treatment or product or service referred to in the Content or otherwise through the Site is safe, appropriate, or effective. Without limitation, we do not recommend or endorse any specific tests, Consumers, Therapists, medications, products, or procedures. Any relationships or transactions whatsoever that you enter into with a Consumer, another Therapist, or any third party listed on the Site or the Services or linked from this Site are solely between you and them and subject to any terms and conditions imposed between you.

You acknowledge that your ability to access and use the Listing Service is conditioned upon the truthfulness of the information you in your Therapist profile and all other information you submit to Mental Health Match.

You agree not to access or use the Listing Service, the Site, or the Content in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms of Use (Therapists). You are solely responsible and liable for any Content or other information or material you upload, post, share, or transmit through or on the Listing Service.

Prohibited Uses

You agree not to and are prohibited by us from:

  • registering and using with the Listing Service through the Site unless you have an active, valid license or permit, issued by an applicable state licensing or permitting body, to practice mental health or behavior health care.

  • using the Site in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding the export of data or software to and from the United States or other relevant countries or through infringement, misappropriation, or violation of any of the intellectual property rights of or the privacy or publicity rights of third parties, including other users of the Services);

  • using the Site to transmit, upload, download, or share in any way sexually explicit, violent, or defamatory material;

  • using the Site to transmit or send unsolicited commercial communications or any solicitations for the sale of goods or services, other than as permitted by Therapists who are duly authorized by us to provide Content and be listed on the Site with the Listing Service;

  • accessing (or attempting to access) the Site by any means other than through the interface that is provided by us;

  • attempting to hack or gain unauthorized access to, interfere with, damage, disrupt, impair, or circumvent any of the security features of any part of the Site, the Services, or the Content (including, but not limited to, accounts, computer systems, servers, networks, and databases which serve or otherwise are connected to the Site);

  • accessing (or attempting to access) the Site through any automated means (including use of scripts or web crawlers);

  • conducting any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without Mental Health Match’s express written consent;

  • introducing any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic or time bombs, denial or service attacks, flooding, spamming, or any other disruptive, malicious, or harmful material to the Services, the Content, or the Site, generally (including, but not limited to, the servers, networks, and databases which serve or are otherwise connected to the Site) or use any robot, script, scraper, or other means to gain unauthorized access the Services, the Content, or the Site for any purpose;

  • using the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

  • editing or otherwise modifying any Content on the Site that is not owned by you or another person or entity for whom you act as their agent;

  • engaging in any activity that interferes with or disrupts the Site (or the servers, networks, and databases which are connected to the Site);

  • impersonating (or attempting to impersonate) us, our employees, any Consumers, another Therapist, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing or sending a message under a false name);

  • providing information that is false, misleading, unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; and/or

  • using this Site in any way that would damage its Content or visibility for other visitors;

  • uploading images, videos or audio files (collectively, "Media") of other people without their permission; and/or

  • reproducing, redistributing, translating, republishing, duplicating, copying, displaying, selling, renting, sub-licensing, trading or reselling any Content or other aspect of the Site for any commercial purpose (except for content specifically and expressly made available for redistribution or Content that you have submitted and licensed to us), or disclosing or providing access to the Service, the Site, or the Content to any third party for service bureau, time sharing, or similar services.

You are solely responsible for (and we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use (Therapists) or for any consequences (including any loss or damage which you or third parties may suffer) as a result of any such breach.

Mental Health Match is under no obligation to respond to any messages posted on or sent through the Services or the Site. We reserve the right to investigate suspected violations of these Terms of Use (Therapists) and the right to fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone using the Site in violation of these Terms of Use (Therapists).

BY ACCEPTING THESE TERMS AND CONDITIONS YOU WAIVE ALL CLAIMS AGAINST MENTAL HEALTH MATCH AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MENTAL HEALTH MATCH OR LAW ENFORCEMENT AUTHORITIES.

Payments

Except during any free trial period of use, you will agree to pay recurring fees to Mental Health Match to have your Therapist profile and associated information featured on the Site through the Listing Service. The fee is determined and paid in advance, independent of the volume or types of searches conducted on the Site. In no way does your payment of the fee determine how your information is displayed on the Site.

Your fees entitle you to a limited, revocable, non-exclusive, nonsublicensable, and nontransferable license to use and access the Site and the Listing Service.

Mental Health Match is not and shall not be deemed to be a direct provider of any medical treatment, mental or behavioral health therapy, or other services to Consumers or anyone else.

Therapists

None of the Therapists advertised or identified through the Listing Service are employees of Mental Health Match. As a Therapist featured in the Listing Service, you have no employment relationship with us. All Therapists listed in our directory are independent contractors of their own professional services. Mental Health Match assumes no responsibility, and shall not be liable, for the quality or any aspect of the services a Therapist provides, nor any act, omission or wrongdoing committed or allegedly committed by any Therapist. Therapists submit all Content included in their listings and are solely responsible for all information contained therein.

Mental Health Match makes no representation or warranty whatsoever as to whether Consumers will make contact with any Therapist or find any Content featured on the Site and the Services to be relevant, useful, correct, satisfactory, or suitable to their needs. Your relationship with Consumers, other Therapists, or any third parties encountered through the Site or the Services is strictly between you and them. Mental Health Match is not involved in monitoring, validating, controlling, or participating in that relationship in any way whatsoever.

Therapist Communications and Ratings

As more fully described in our Privacy Policy, we do not store or review any communications that you send to or receive from Consumers or other Therapists via our Site. We cannot guarantee that anyone you contact via the Site or the Listing Service will respond to you within a certain period of time or at all.

In order to support quality assurance, we may send surveys periodically to you requesting that you rate your experience with the Site. All responses to any such surveys will remain completely anonymous to other Therapists and Consumers and be used by us to improve the Site and the Services.

Other Opportunities

From time to time, Mental Health Match may offer opportunities for you to participate in voluntary surveys, research studies, programs, or other avenues of research or communication. Such opportunities may be limited to a certain number of individuals who are chosen based on certain criteria for which you may not qualify. Participation in such opportunities is completely voluntary. Separate agreements and waiver forms may be required. Any such opportunities would be conducted under terms and conditions different from these Terms of Use and our Privacy Policy.

Intellectual Property

The Services and all Content and other information available on or through the Site are the exclusive and valuable property of Mental Health Match or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. These Terms of Use (Therapists) do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of Mental Health Match or the respective intellectual property owners.

Except as otherwise permitted in these Terms of Use (Therapists), you agree not to reproduce, modify, transmit, create derivative works of, distribute, disseminate, sell, publish, broadcast, publicly display or perform, download, store, or circulate any Content featured on the Site or received as a result of the Services to any third party, except that your computer or other device may temporarily store copies of such materials in its temporary memory incidental to your accessing and viewing those materials, and files may be automatically cached by your browser for display enhancement purposes. All software, code, and accompanying documentation made available for download from the Services is the copyrighted work of Mental Health Match or its licensors. Subject to the restrictions set forth in these Terms of Use (Therapists), and except for Content specifically and expressly made available for redistribution, you may print or download information from the Site only for your personal, informational, and non-commercial use, and not for further reproduction, publication, or distribution, provided you keep intact all copyright and other proprietary notices.

‍The phrase “Mental Health Match” is subject to copyright by Mental Health Match, and its associated logos, and all page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Mental Health Match, which reserves all rights therein. All other product or service names and company logos mentioned on the Site or in the information or content contained therein are trademarks of their respective owners.

Subject to these Terms of Use (Therapists), Mental Health Match hereby grants you a limited, revocable, nontransferable, nonsublicensable, and non-exclusive license to use and access the Site, the Listing Service, and the Content as necessary for your authorized use and access. ‍The availability of the license granted herein is subject to your compliance with these Terms of Use (Therapists).

In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of Mental Health Match or the respective owners of such information or intellectual property. You agree that you will not remove, alter, or obscure any copyright, legal or proprietary notices in or on any portions of the Site or the information and content contained therein.

Therapist Content and Submissions

The information you submit to Mental Health Match is governed by our Privacy Policy. To the extent that there is an inconsistency between these Terms of Use (Therapists) and our Privacy Policy, these Terms of Use (Therapists) shall govern.

The Site contains functionality and features, including Therapist profiles, blogs, Media or other submissions that are accessible on the Site to all users (collectively "Public Areas") that allow Therapists to submit professional and personal information to create and maintain their online profile on the Site, and to post or upload Content, including Media, to our blog and other Public Areas of the Site ("Therapist Content"). You agree that you will not post, upload, or transmit any communications or Therapist Content of any type to the Public Areas of this Site that infringe or violate any rights of any party. By submitting Therapist Content on this Site, you agree to comply with these Terms of Use (Therapists). You further acknowledge and understand that Therapist Content in Public Areas of this Site is non-confidential for all purposes.

Any Content created or submitted by a Therapist for use on his or her profile or blog posting remains the property of the Therapist. By uploading any Media to the Site, you grant Mental Health Match a non-exclusive, perpetual, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the Media and any material included in the Media. You agree to only post or upload Media on this Site that you have taken yourself or that you have all rights to transmit and license the Media and that the Media do not violate trademark, copyright, privacy, or any other rights of any other person. You warrant that you have permission from any and all persons appearing in the Media that allow you to submit the Media to the Site and to grant the rights and license described above. In the event that other people appear in the Media you submit to the Site, you certify that all such people pictured in the submitted Media, or their authorized representatives, authorize Mental Health Match to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the Media and any material included in such Media.

Copyright Infringement

Mental Health Match accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Mental Health Match reserves the right to terminate your use of the Site or the information and content contained therein if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.

If you believe that any information or Content violates your copyright, you may request removal of those materials (or access to such materials) from this Site by sending a notice of copyright infringement to our copyright agent using the Contact Information provided at the end of this document.

Site Availability

Mental Health Match aims to display and describe the features available on this Site accurately and completely. However, your interaction with this Site depends upon a number of factors, including your computer equipment and internet connection. Mental Health Match may change, update or remove Site features at its discretion. Therefore, Mental Health Match cannot guarantee the availability or accuracy of any or all features on the Site. You agree that technical information, opinions, recommendations, and other information made available to you on this Site are for your information and convenience only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance by you on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its Contents.

Disclaimer: HIPAA

None of the information you disclose or receive through the Site or Services qualifies as "Protected Health Information" (as defined under HIPAA or any state law that defines such term). Mental Health Match is not and shall not be construed as a "Business Associate" (as defined under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economics and Clinical Health Act, or the implementing regulations of these laws found at 45 C.F.R. Parts 160, 162 and 164 (collectively, "HIPAA")) of any Therapist.

Disclaimers; No Warranties

YOUR USE AND ACCESS TO THE SERVICES, THE SITE, AND ANY CONTENT OR INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MENTAL HEALTH MATCH DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SYSTEM INTEGRATION, FITNESS FOR ORDINARY OR PARTICULAR PURPOSES, OR NON-INFRINGEMENT.

‍WITHOUT LIMITING THE FOREGOING, MENTAL HEALTH MATCH DOES NOT WARRANT THAT YOUR USE OR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES MENTAL HEALTH MATCH MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICES OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, THE SITE, AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK. WE DO NOT WARRANT OR GUARANTEE THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE (THERAPISTS).

‍YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE, LOSS, OR UNAUTHORIZED MODIFICATION TO THE SERVICES, THE SITE, THE CONTENT, OR ANY COMPUTER SYSTEM OR SERVICE CONNECTED THERETO, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF CONTENT OR OTHER INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON ACTING ON YOUR BEHALF OR WITH YOUR PERMISSION. MENTAL HEALTH MATCH CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OR UNAUTHORIZED DISCLOSURE OF ANY PERSONAL INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES FEATURED ON OR ACCESSED THROUGH THE SERVICES OR THE SITE.

‍Limitations of Liability

IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, THE SITE, OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MENTAL HEALTH MATCH, ANY MENTAL HEALTH MATCH LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICES OR THE SITE OR PROVIDES YOU WITH A LINK TO THE SERVICES OR THE SITE BE LIABLE IN ANY WAY FOR YOUR USE OF OR ACCESS TO THE SERVICES OR ANY OF ITS CONTENT OR INFORMATION, INCLUDING, BUT NOT LIMITED TO, UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF OR IMPAIRMENT OF PROFITS, GOODWILL, PERSONAL INJURY OR DEATH, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WHETHER CAUSED BY OR RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OR USE OF RECORDS, OR LOSS OF USE RELATED TO THE SITE OR THE SERVICES OR ANY SITE OPERATED BY ANY THIRD PARTY, (II) ERRORS, INACCURACIES, OMISSIONS, OTHER DEFECTS IN, UNTIMELINESS, OR UNAUTHENTICITY OF INFORMATION OR CONTENT PROVIDED BY, CONTAINED WITHIN, OR OBTAINED THROUGH THE SITE OR THE SERVICES, OR (III) ANY OTHER FAILURE, ACTION, ERROR, OR OMISSION, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT AND REGARDLESS OF WHETHER ARISING UNDER BREACH OF CONTRACT, MALPRACTICE, TORTIOUS BEHAVIOR, NEGLIGENCE, FEDERAL OR STATE SECURITIES LAWS, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION , EVEN IF ANY OF THE FOREGOING HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL MENTAL HEALTH MATCH'S LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). BY USING THIS SITE, YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM IN EXCESS OF ONE HUNDRED DOLLARS ($100).

‍‍IN SOME CASES, THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED BY APPLICABLE LAW, SO ONE OR MORE OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

‍Limitation on Time to File Claims

AS PERMITTED BY LAW, NO CLAIM OR ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF USE (THERAPISTS) MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION HAS ARISEN, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify and hold Mental Health Match, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, arising as a result of (a) any breach of these Terms of Use (Therapists) by you, including any use of the Site's content other than as expressly authorized in these Terms of Use (Therapists); and (b) any activity related to any account you create, including any negligent or wrongful conduct by you or any other person accessing your account. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any information accessed from this Site.

This indemnification section is intended to survive these Terms of Use (Therapists) and your use of the Site.

Hyperlinks

This Site may display links to other websites or resources sponsored by third parties (including, but not limited to other Therapists) that may not be available at all times and may contain content that is untrue, inaccurate, incomplete, or outdated. If you access any such websites or resources, you do so at your own risk and subject to the terms and conditions of use for such websites. Mental Health Match’s use of links on the Site or through the Site is not intended to endorse, recommend, or certify any individual or business featured therein. We do not assume any responsibility or liability to you or any third party for or make any warranties or representations whatsoever about the content or accuracy of any materials provided by any third parties on through such websites or resources.

Termination

Mental Health Match may suspend or terminate your access to the Listing Service at any time, for any reason, or for no reason at all. Mental Health Match has the right, but not the obligation, to refuse to provide access to the Listing Service to any person, business, or organization at any time, for any reason, or for no reason at all, in the sole discretion of Mental Health Match. Mental Health Match reserves the right to change, suspend, or discontinue all or part of the Services, temporarily or permanently, without prior notice.

Governing Law

To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or related to these Terms of Use will be governed by and construed in accordance with the laws of the State of Oregon, without regard to its choice of laws principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use (Therapists) shall be subject to the exclusive jurisdiction of state or federal courts located in Multnomah County, Oregon, and you hereby submit to the personal jurisdiction of such courts.

Miscellaneous

We reserve all rights not expressly granted herein, and no other rights are granted by implication or estoppel or otherwise. The headings in these Terms of Use (Therapists) are for convenience only and have no legal or contractual effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law. You will not assign any of your rights or delegate any of your obligations under these Terms of Use (Therapists) without our prior written consent. Any purported assignment or delegation in violation of this prohibition on assignment is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use (Therapists). If any provision of these terms is held to be unlawful, void or unenforceable for any reason, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Except as otherwise provided in these Terms of Use (Therapists), the terms, provisions, covenants, representations, warranties and indemnities contained in these Terms of Use (Therapists) which by their nature, sense and context survive or are expressly intended to survive the expiration or termination of these Terms of Use (Therapists) will so survive and continue in full force and effect until they are satisfied or by their nature expire.

Force Majeure

If performance of these Terms of Use (Therapists) or any obligation hereunder is prevented, restricted, or interfered with by causes beyond our reasonable control (“Force Majeure”), our obligations under these Terms of Use (Therapists) shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, web system outage.

Headings

Section titles used in these Terms of Use (Therapists) are for convenience only and do not define, limit, or extend the meaning of any provision herein.

Entire Agreement

These Terms of Use (Therapists), together with our Privacy Policy , constitute the entire agreement between you and Mental Health Match relating to your use of this Site and shall supersede any other agreement between you and Mental Health Match with respect to the subject matter of these Terms of Use (Therapists). No change, waiver or discharge hereof will be valid unless made in writing and signed by an authorized representative of the party against which such change, waiver or discharge is sought to be enforced. Any failure by the Mental Health Match to assert a right or provision under these Terms of Use (Therapists) shall not constitute a waiver of such right or provision.

Exclusive Remedy for Disputes - Arbitration

Any dispute or claim relating in any way to your use of or access to the Site or Services will be exclusively resolved by binding confidential arbitration, rather than in court. At arbitration, there is no judge or jury and court review of an arbitration award is limited. However, one or more arbitrators issue an award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must interpret these Terms of Use (Therapists) as a court would.

It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Mental Health Match and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION IN PORTLAND, OREGON, AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) OR SIMILAR ARBITRATION BODY AND CONDUCTED BY A SOLE ARBITRATOR IN ACCORDANCE WITH THE AAA’S COMMERCIAL ARBITRATION RULES OR THE ARBITRATION RULES OF A SIMILAR ARBITRATION BODY. THE ARBITRATION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, CODIFIED IN CHAPTER 1 OF TITLE 9 OF THE UNITED STATES CODE, AS AMENDED, TO THE EXCLUSION OF STATE LAWS INCONSISTENT THEREWITH OR THAT WOULD PRODUCE A DIFFERENT RESULT, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING JURISDICTION THEREOF. EXCEPT AS MAY BE REQUIRED BY LAW OR TO THE EXTENT NECESSARY IN CONNECTION WITH JUDICIAL CHALLENGE, OR ENFORCEMENT OF AN AWARD, NEITHER A PARTY NOR THE ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, RECORD OR RESULTS OF AN ARBITRATION.

JUDGMENT UPON THE AWARD RENDERED PURSUANT TO SUCH ARBITRATION MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. ANY ACTION, SUIT, OR PROCEEDING TO CONFIRM, VACATE, MODIFY, OR CORRECT THE AWARD OF THE ARBITRATOR WILL BE LITIGATED IN COURTS HAVING JURISDICTION THEREOF. THE PREVAILING PARTY ON A CLAIM WILL BE ENTITLED TO RECOVER WITH RESPECT TO THE CLAIM, IN ADDITION TO ANY OTHER RELIEF AWARDED, THE PREVAILING PARTY’S REASONABLE ATTORNEY'S FEES AND OTHER FEES, COSTS, AND EXPENSES OF EVERY KIND INCURRED IN CONNECTION WITH THE ARBITRATION, ACTION, SUIT, OR PROCEEDING, ANY APPEAL OR PETITION FOR REVIEW, THE COLLECTION OF ANY AWARD, OR THE ENFORCEMENT OF ANY ORDER, AS DETERMINED BY THE ARBITRATOR OR COURT.

BEFORE COMMENCING ANY ACTION PERTAINING TO A CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PARTY WISHING TO COMMENCE THE ACTION SHALL PROVIDE REASONABLE NOTICE TO OTHER PARTY BEFORE COMMENCING THE ACTION, IN ORDER TO ALLOW THE PARTIES AN OPPORTUNITY TO RESOLVE THE DISPUTE BEFORE RESORTING TO LEGAL ACTION.

General

Mental Health Match reserves the right to revise these Terms of Use (Therapists) from time to time in the sole discretion of Mental Health Match, without notice to you. By continuing to access the Site or use our Listing Service after those revisions become effective, you agree to be bound by the Terms of Use (Therapists) as revised. Notices required to be given to you by Mental Health Match may be delivered by electronic mail to the address provided during the creation of your Therapist account.

‍Contact Information

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to:

Mental Health Match
4771 Sweetwater Blvd, #347
Sugar Land, TX 77479
[email protected]

Notices of copyright infringement should be sent to the above address "in care of" Copyright Agent.