THIS AGREEMENT IS BETWEEN YOU AND ANY OTHER INDIVIDUAL OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively “you” or “user”) AND THERATREE, LLC (“Theratree” or “TherapyRoots”):
The Web Sites are offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein (the “Agreement”). Your use of the Web Sites constitutes your acknowledgement and agreement to all such terms, conditions and notices, as set forth below and in all links to this Agreement. If you do not agree to accept the terms of this Agreement, you may not access or use the Web Sites.
Personal and Non-commercial Use Limitation
Unless otherwise specified, the Web Sites are exclusively for: business use as it relates to your relationship to TherapyRoots, and your personal and other non-commercial use. Unless expressly permitted by TherapyRoots, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, solutions/products or services obtained from the Web Sites. Subject to any applicable terms in addition to this Agreement, you may download information, software, solutions, products or services obtained from the Web Sites only for business use as it related to your relationship with TherapyRoots, your personal and other non-commercial use, provided you keep intact all copyright and other proprietary notices.
Links to Third Party Sites
TherapyRoots makes no representations whatsoever about any other web site which you may access through the Web Sites. When you access a non-TherapyRoots Web Site, even one that may contain the TherapyRoots-logo or other TherapyRoots trademark, service mark or trade name, please understand that it is independent from TherapyRoots, and that TherapyRoots has no control over the content on that web site. Additionally, the Web Sites may contain links to other web sites (“Linked Sites”). The Linked Sites may not be under the control of TherapyRoots and TherapyRoots is not responsible for the contents of any Linked Site not under TherapyRoots control, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THERAPYROOTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER FOR ANY USE OF THE LINKED SITES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEMS OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Unlawful or Prohibited Use
As a condition of your use of the Web Sites, you warrant to TherapyRoots that you will not use the Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Sites in any manner which could damage, disable, overburden, or impair the Web Sites or interfere with any other party's use of the Web Sites.
Use of Communication Services
The Web Sites may contain bulletin board services, chat areas, blogs, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with and share information with the public at large or with a group (collectively, “Communication Services”). Subject to the terms of this Agreement (including, without limitation, the Use Restrictions set forth in Section 9), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
TherapyRoots has no obligation to monitor the Communication Services. Your participation in the Communication Services, including any personal web page or group identified as “private” or “secret” may be reviewed, edited, censored, removed or otherwise controlled by TherapyRoots, although TherapyRoots is under no legal obligation to you or any other person to do so, and shall not be responsible as author, editor or publisher (either directly or indirectly) for any information, ideas, data, materials or other content made available by you using the Communication Services. TherapyRoots reserves the right to restrict and/or terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. TherapyRoots reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. TherapyRoots does not control or endorse the content, messages or information found in any Communication Service.
If you send or transmit any communications or materials to TherapyRoots suggesting or recommending changes to the Therapy Roots Web Sites or services provided by TherapyRoots, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), TherapyRoots is free to use such Feedback irrespective of any other obligation or limitation between the parties. You hereby assign to TherapyRoots on your behalf, and on behalf of your Users, employees, agents, representatives and contractors, all right, title, and interest in, and TherapyRoots is free to use, without any attribution or compensation to any party, any ideas, knowhow, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although TherapyRoots is not required to use any Feedback.
Materials Provided to TherapyRoots or Posted on Web Sites
No compensation will be paid with respect to the use of any Materials. By posting, uploading, inputting, providing or submitting your Materials you warrant and represent that you own or otherwise control all of the rights to your Materials as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Materials.
Without limiting the other obligations and restrictions set forth in this Agreement, you agree that you will
- comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- provide accurate information to us (including, without limitation your license state(s) and license number(s)) and keep it updated;
- provide your accurate and true name on your profile; and,
- use the services provided by TherapyRoots in a professional manner.
Further, you agree that you will not
- create a false identity on the Web Sites, misrepresent your identity, create a user profile for anyone other than yourself (a real person), or use or attempt to use another's account, or restrict any other user from using the Web Sites;
- publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, offensive, discriminatory, indecent, illegal or unlawful topic, name, material or information or another's confidential, proprietary, sensitive or personal information;
- PUBLISH, POST, UPLOAD, DISTRIBUTE, OR OTHERWISE STORE, MAINTAIN, OR TRANSMIT “PROTECTED HEALTH INFORMATION” OR PHI, which information is subject to protection under the Federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act, Title XIII of the American Recovery and Reinvestment Act of 2009 (the “HITECH Act”) or other confidential information within the Communication Service or the Web Sites;
- develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to obtain profiles or other data from the Web Sites or to send or redirect messages;
- override any security feature or bypass or circumvent any access controls or use limits of the Web Sites;
- copy, use, disclose, or distribute any information obtained from the Web Sites, whether directly or through third parties (such as search engines), without the consent of TherapyRoots;
- disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer)) or violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights, or breach any legal duty owed to others;
- violate the intellectual property or other rights of TherapyRoots (including, without limitation, copying, or distributing any training materials or technology, and using the words “THERAPYROOTS” or “TherapyRoots” or our logos in any business name, email, or URL except as expressly authorized in writing by TherapyRoots);
- post or upload anything that contains software viruses, worms, or any other harmful code or otherwise interfere with the operation of, or place an unreasonable load on, the Web Sites (e.g., spam, denial of service attack, viruses, gaming algorithms);
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Web Sites or any related technology that is not open source;
- deep-link to the Web Sites for any purpose other than to promote your profile or a group on our Web Sites, without TherapyRoots's written consent;
- monitor the Web Sites availability, performance, or functionality for any competitive purpose or engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Web Sites, or overlay or otherwise modify the Web Sites or their appearance (such as by inserting elements into the Web Sites or removing, covering, or obscuring an advertisement included on the Web Sites);
- imply or state that you are affiliated with or endorsed by TherapyRoots, or rent, lease, loan, trade, sell/re-sell or otherwise monetize the Web Sites or related data or access to the same, without TherapyRoots's consent; and/or
- violate any License Agreement or any additional terms concerning a specific service that are provided when you sign up for or start using such service.
Software Available on the Web Sites
Any software that is made available to download from the Web Sites (excluding software that may be made available by end-users through a Communication Service), is the copyrighted work of TherapyRoots and/or its suppliers (“Software”). Your use of the Software is governed by the terms of the business agreement or end user agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a License Agreement, TherapyRoots hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Web Sites in accordance with this Agreement, and for no other purpose provided that you keep intact all copyright and other proprietary notices. No other license is granted. You shall not modify, alter, decompile, reverse engineer or otherwise change Software, except to the extent as permitted by applicable law without the possibility of contractual waiver. All Software is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
The Web Sites may contain information presented for the purpose of educating consumers on wellness and mental health management topics and/or educating the public on emerging mental health issues. Nothing contained in the Web Sites is intended to be instruction for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of the advice of your physician, mental health provider, or other qualified healthcare provider. Information obtained from the Web Sites is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any healthcare related questions, please consult your physician, mental health provider, or other qualified health care provider promptly. Always consult with your physician, mental health provider, or other qualified healthcare provider before embarking on a new treatment (including mental health treatment), diet, or fitness program. You should never disregard medical advice (including mental health treatment or advice) or delay in seeking it because of something you have read on the Web Sites. The information contained on the Web Sites is compiled from a variety of sources (“Information Providers”). Neither TherapyRoots nor the Information Providers directly or indirectly practice medicine or mental health services or dispense medical or mental health services as part of the Web Sites. TherapyRoots does not endorse, and nothing on the Web Sites shall be deemed to be an endorsement, representation, or warranty of, any third party (including, without limitation, any user), nor any materials posted by users or other third parties.
THE INFORMATION, SOFTWARE, SOLUTIONS, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE THERAPYROOTS WEB SITES, INCLUDING THE LINKED SITES, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. ADVICE RECEIVED VIA THE THERAPYROOTS WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, MENTAL HEALTH, TECHNICAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THERAPYROOTS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, VERIFICATION STATUS, AND CONTENT CONTAINED ON THE THERAPYROOTS WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THERAPYROOTS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SOLUTIONS, PRODUCTS, SERVICES, AND CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Copyright and Trademark Notices
All contents of the Web Sites are: Copyright 2019. Theratree, LLC. All rights reserved. The software and documentation are protected by copyright laws as well as international copyright treaties. Material found on the Web Sites contains the valuable properties of TherapyRoots, embodying substantial creative efforts, no part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval system, without the express written permission of TherapyRoots. The use or misuse of these trademarks, service marks, tradenames, copyrights, or other materials (collectively “Intellectual Property”), except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, communications regulations and statutes, and other laws, statutes and/or regulations. TherapyRoots reserves all rights in its Intellectual Property.
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Web Sites in accordance with this Agreement. You agree to be financially responsible for your use of the Web Sites and to comply with your responsibilities and obligations as stated in this Agreement.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THERAPYROOTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR USE OF THE THERAPYROOTS WEB SITES AND ANY ACCOUNT YOU MIGHT HAVE (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS, MISAPPROPRIATION OF TRADE SECRETS OR OTHER PROPRIETARY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
Term & Termination
Either you or TherapyRoots may terminate your right to use the Web Sites at any time, with or without cause, upon notice. In addition, TherapyRoots may withdraw, suspend or discontinue any functionality or feature of the Web Sites. The provisions concerning Copyrights, Indemnification, Waiver, Release and Limitation of Liability, and General shall survive any termination of this Agreement.
This Agreement is governed by US federal law or the laws of the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the state of California in all disputes arising out of or relating to the use of the Web Sites. Use of the Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. Any cause of action or claim you may have with respect to TherapyRoots must be commenced within one (1) year after the claim or cause of action arises. TherapyRoots's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. TherapyRoots may assign its rights and duties under this Agreement to any party at any time without notice to you.
You agree that no joint venture, partnership, employment or agency relationship exists between you and TherapyRoots as a result of this Agreement or use of the Web Sites. TherapyRoots's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of TherapyRoots's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Sites or information provided to or gathered by TherapyRoots with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
Credit Card Transactions
TherapyRoots may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Web Sites, or by written communication delivered by first class United States mail to your address on record in TherapyRoots's account information. You may give notice to TherapyRoots at any time via electronic mail to [email protected]
Information on the Web Sites may be changed or updated without notice. TherapyRoots may also make improvements and/or changes in the solutions and/or the services described on the Web Sites at any time without notice. In the event of any conflict between the terms of this Agreement and the terms and conditions of a fully-executed agreement between TherapyRoots and User, the terms of the fully-executed agreement between TherapyRoots and User shall have precedence unless otherwise stated therein.