Therapist.com Service and Use Agreement PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
This web page represents a legal document and is the Terms of Service and Use Agreement ("Agreement") for our website, Therapist.com ("Website"), as owned and operated by Acme Media, LLC. It was last updated on Monday, September 12, 2011. By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
"Therapist.com" and the "Therapist.com Directory" is an interactive on-line service operated by Acme Media, LLC consisting of information services and content provided by Therapist.com, affiliates of Therapist.com and other third parties. "Client" means each person who accesses Therapist.com for access to and use of Therapist.com information OR establishes a connection ("Account") for use of its services.
Therapist.com shall have the right at any time to change or modify the terms and conditions applicable to Client's use of Therapist.com, or any part thereof, or to impose new conditions, including, but not limited to, adding or increasing fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on Therapist.com, or by electronic or conventional mail, or by any other means by which Client obtains notice thereof. Any use of Therapist.com by Client after such notice shall be deemed to constitute acceptance by Client of such changes, modifications or additions.
Client shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Therapist.com and all charges related thereto.
Therapist.com shall have the right, but not the obligation, to monitor the content of Therapist.com, including chat rooms, blogs, and forums, to determine compliance with this Agreement and any operating rules established by Therapist.com and to satisfy any law, regulation or authorized government request. Therapist.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Therapist.com. Without limiting the foregoing, Therapist.com shall have the right to remove any material that Therapist.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Client agrees to defend, indemnify and hold harmless Therapist.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Therapist.com by Client or Client's Account.
Either Therapist.com or Client may terminate this Agreement at any time. Without limiting the foregoing, Therapist.com shall have the right to immediately terminate Client's Account in the event of any conduct by Client which Therapist.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Client of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
Therapist.com and each of their logos are trademarks of Acme Media LLC. All rights are reserved. All other trademarks appearing on Therapist.com are the property of their respective owners. Your use of our Website or Service does not grant you right or license to use any logos or trademarks as found herein.
Therapist.com is a licenser or distributor (and not a publisher) of content supplied by third parties and Clients. Accordingly, Therapist.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Clients or any other user of Therapist.com, are those of the respective author(s) or distributor(s) and not of Therapist.com.
Neither Therapist.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through Therapist.com represents the opinions and judgments of the respective information provider, Client, or other user not under contract with Therapist.com. Therapist.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Therapist.com by anyone other than authorized Therapist.com employee spokespersons while acting in their official capacities.
Under no circumstances will Therapist.com be liable for any loss or damage caused by a Client's reliance on information obtained through Therapist.com. It is the responsibility of Client to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Therapist.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Therapist.com respects the rights of all copyright holders and in this regard, Therapist.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of Clients and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Therapist.com Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ? 512.
Therapist.com Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Therapist.com - Copyright Agent
734 Franklin Ave. Suite 176
Garden City, NY 11530
For any questions or requests other than copyright issues, please contact Therapist.com.
734 Franklin Ave Suite 176
Garden City, NY 11530
Therapist.com is not intended or designed to attract persons under the age of 18. We do not collect information from any person we actually know is under the age of 18.
Therapist.com does not endorse the content on any third-party websites. Therapist.com is not responsible for the content of linked third-party sites, sites framed within Therapist.com, or third-party advertisements, and does not make any representations regarding their content or accuracy.
Client's use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Therapist.com does not endorse any product advertised on Therapist.com.
You represent and warrant that when you make a payment to Therapist.com as part of our Service or for purchasing our Products that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
While we actively support fighting payment fraud, Therapist.com has a zero-tolerance policy regarding payment charge-backs and asks that you contact us if you have an issue with our Service or our Products. However, if you start a charge-back process regarding our Service, Therapist.com reserves the right to immediately terminate your account. Your account and the payment information you provided will be blacklisted in our systems. Should we do this, you will never again be able to use that account and payment information with us and you will be liable to us for administrative costs in processing the charge-back.
We do not offer refunds for our Service. We may offer refunds for our Products, subject to our discretion.
You understand that this Agreement, our Website, and our Service are governed be the laws of the State of New York, without regard to its conflict of law principles. You agree that the City of New York , in which Therapist.com is located, shall be the forum for any legal action relating to our Website, Content, or Service. Any cause of action by you with respect to our Website, Content, or Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement of Service shall take precedence. The failure of Therapist.com to enforce any provision or right as found in this Agreement will not constitute a waiver of such provision or right. The use of section headings in this Agreement is merely for convenience and in no way limits or defines how this Agreement should be construed. This Agreement and any operating rules for Therapist.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.