Last Updated: May 14th, 2019
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.
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.
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.
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 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.
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.
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.
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 or approve 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.
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.
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.
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.
Any Content created, submitted, or approved 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Notices of copyright infringement should be sent to the above address "in care of" Copyright Agent.