GoodTherapy.org 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, GoodTherapy.org ("Website"), as owned and operated by GoodTherapy.org. It was last updated on Friday, December 5, 2014 at 12 p.m. Pacific. 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.
Please note that GoodTherapy.org provides services to both health and mental health therapists who have subscribed to GoodTherapy.org (“Members”), and to individual consumers who are interested in therapy and related issues and information (“Users”). This Terms of Service and Use Agreement applies specifically to services provided to Users, and not to services provided to Members.
NOTE: A Member may also be a User, depending upon the type of service being used.
"GoodTherapy.org" and the "GoodTherapy.org Therapist Directory" is an interactive on-line service operated by GoodTherapy.org, LLC consisting of information services and content provided by GoodTherapy.org, affiliates of GoodTherapy.org, and other third parties. "User" means each person who accesses GoodTherapy.org for access to and use of GoodTherapy.org information OR establishes a connection ("Account") for use of its services.
(A) GoodTherapy.org is not intended to be a substitute for professional advice, diagnosis, treatment, medical treatment, psychotherapy, counseling, or mental health services. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding any mental health symptom or medical condition. Never disregard professional psychological or medical advice or delay in seeking it because of something you have read on GoodTherapy.org.
(B) GoodTherapy.org does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on GoodTherapy.org. Reliance on any information provided by GoodTherapy.org, GoodTherapy.org employees, others appearing on GoodTherapy.org at the invitation of GoodTherapy.org, or other visitors to GoodTherapy.org is solely at your own risk.
(C) GoodTherapy.org provides the GoodTherapy.org Therapist Directory as a public service to those interested in working with mental health care providers (therapists, counselors, marriage and family therapists, social workers, psychologists, psychiatrists, nurse practitioners, etc.).
(D) GoodTherapy.org cannot and does not provide any warranties related to the information contained in or resulting services from any of the mental health care providers (therapists, counselors, psychologists, social workers, marriage and family therapists, and other health providers) listed in the GoodTherapy.org Therapist Directory. Information accessed through the GoodTherapy.org Therapist Directory is provided "AS IS" and without any warranty, either expressed or implied, including, but not limited to, any implied warranty of merchantability or fitness.
(E) GoodTherapy.org does not examine, determine, or warrant the competence of any mental health care provider listed in the GoodTherapy.org Therapist Directory. GoodTherapy.org does not warrant that the mental health care providers listed in the GoodTherapy.org Therapist Directory are currently or properly licensed. Under no circumstances should the GoodTherapy.org Therapist Directory be used to verify the credentials of mental health care providers. Please contact your State Professional Licensing Board to verify the licensure of a provider. Use of the GoodTherapy.org Therapist Directory to locate, contact, or receive services from a mental health care provider is wholly voluntary and will not result in any liability against GoodTherapy.org. In no event shall GoodTherapy.org be liable for damages to any user of the GoodTherapy.org Therapist Directory.
(F) Users of GoodTherapy.org who submit questions via "Dear GoodTherapy.org" or the "Ask a Question" form acknowledge that their questions may be published on GoodTherapy.org and made public at the discretion of GoodTherapy.org. By submitting content through the form, clients give their consent to publish the submitted content. Users understand that it is their responsibility to exclude any identifying information from their submission, even though GoodTherapy.org will make reasonable efforts to remove identifying information. Users who submit questions understand that not all submissions will be responded to and, those that are, generally take one to two weeks to publish.
(G) The Credential Verification Seal, found on the profile page of some therapists listed in the GoodTherapy.org Therapist Directory, indicates that a particular therapist, if he or she is in a jurisdiction that requires licensure in order to practice, has had their state license confirmed as active with their State Licensing Board. In jurisdictions which do not require licensure in order to practice, the Credential Verification Seal indicates that educational requirements have been met.
Credential Verification is voluntary, meaning that a Member without the Credential Verification Seal is not necessarily unlicensed. The Credential Verification Seal does not indicate that the therapist is licensed in every state, province, or country they are practicing in; instead it signifies that the therapist has an active license in the state in which their license was granted. All therapists in the GoodTherapy.org Therapist Directory with the Verified Credential Seal are asked to reapply for verification annually in September. If a therapist in the GoodTherapy.org Therapist Directory does not reapply by the deadline or if their license cannot be confirmed, the Credential Verification Seal is removed.
Because of the potential for human error, please be aware that the Credential Verification Seal cannot serve as a guaranteed indication that a particular therapist listed in the GoodTherapy.org Therapist Directory is currently or properly licensed. Thus, GoodTherapy.org does not warrant that the mental health care providers listed in this Therapist Directory are currently or properly licensed. Under no circumstances should this Therapist Directory be used to verify the credentials of mental health care providers. Please contact your State Professional Licensing Board to verify the licensure of a provider. Furthermore, GoodTherapy.org does not examine, determine, or warrant the competence of any mental health care provider listed in this Directory.
(H) GoodTherapy.org may offer access to free or fee-based "Web Conferences." "Web Conference" refers to a live or archived audio and/or video presentation available on and accessible from GoodTherapy.org. All Clients who participate in any Web Conference offered by GoodTherapy.org do so on a completely voluntary basis. GoodTherapy.org's provision of Web Conferences is based solely on GoodTherapy.org's discretion.
It is GoodTherapy.org's intention to provide access to the Web Conference to all Users who have registered for said Web Conference. However, due to potential technical complications, presenter schedules and availability, Acts of God, or other unforeseen circumstances, registration for any Web Conference is in no way a guarantee of access or participation in the Web Conference.
By registering for a paid event, the User authorizes GoodTherapy.org to charge the User’s credit card the associated fee for the event. In the event that a scheduled fee-based Web Conference does not occur due to technical complications related to the GoodTherapy.org Web Conference platform, GoodTherapy.org will provide a refund of this fee to all registered Users or will reschedule the event. Users who are unable to access the Web Conference because of issues related to User phone, Internet, or personal computer issues are not eligible for refunds of fee-based Web Conferences. Additionally, refunds are given to Users who cancel their Web Conference registration at least two weeks prior to the event they registered for. Refunds are not given for purchasing an archived recording nor are refunds given to Users who are dissatisfied with a live or recorded Web Conference.
Web Conferences available on GoodTherapy.org are provided on an AS-IS basis and are not intended to be, in any way, a substitute for professional advice, diagnosis, medical treatment, or psychotherapy. Always seek the advice of your physician or other qualified mental health provider with any questions you may have regarding any mental health symptom or medical condition. Never disregard professional psychological or medical advice nor delay in seeking professional advice or treatment because of something you have read on GoodTherapy.org. By attending a live Web Conference or viewing or listening to a recorded Web Conference, you signify your assent to the terms and conditions contained in this Agreement.
(I) GoodTherapy.org shall have the right at any time to change or discontinue any aspect or feature of GoodTherapy.org, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(J) GoodTherapy.org offers Users communications services to contact Members they are interested in. These communications services include email messaging through GoodTherapy.org and telephone calls which may be administered through GoodTherapy.org’s systems. Members may also provide website or street addresses, or alternative email addresses which may be used to contact them, but these are not administered by GoodTherapy.org.
Users who contact a GoodTherapy.org Member through the GoodTherapy.org email system will receive an automatic confirmation email when GoodTherapy.org forwards the User’s email to the member. User emails will be read and moderated to check for spam or other inappropriate content. Emails may or may not be sent to GoodTherapy.org Members at the discretion of GoodTherapy.org. Inappropriate content may include but is not limited to solicitation and spam.
If a User contacts a GoodTherapy.org Member through the telephone number provided on the GoodTherapy.org website, standard caller identification may be transmitted to the receiving party.
(L) Users who register for GoodTherapy.org Membership and are approved to advertise in the GoodTherapy.org Therapist Directory acknowledge the existence of the Terms of Service for Members, which is applicable to all therapist members, and such Clients agree, by virtue of registering for GoodTherapy.org membership, which includes a required check-box agreement, to all of the conditions contained in the Terms of Service for Members. This acknowledgement and agreement does not apply to Users who are not therapist Members of GoodTherapy.org
(M) This Agreement, which incorporates by reference other provisions applicable to User’s use of GoodTherapy.org, sets forth the terms and conditions that apply to User’s use of GoodTherapy.org. By using GoodTherapy.org, User agrees to comply with all of the terms and conditions hereof. The right to use GoodTherapy.org is personal to User and is not transferable to any person or entity.
3. Changed Terms
GoodTherapy.org shall have the right at any time to change or modify the terms and conditions applicable to User’s use of GoodTherapy.org, 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 GoodTherapy.org, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of GoodTherapy.org by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications, or additions.
User shall be solely responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of GoodTherapy.org and all charges related thereto.
5. User Conduct
(A) User shall use GoodTherapy.org for lawful purposes only. User shall not post or transmit through GoodTherapy.org any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services.
Any conduct by a User that in the sole discretion of GoodTherapy.org restricts or inhibits any User or Member from using or enjoying GoodTherapy.org will not be permitted. User shall not use GoodTherapy.org to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users of other on-line information services competitive with GoodTherapy.org.
(B) GoodTherapy.org contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of GoodTherapy.org are copyrighted as a collective work under United States copyright laws.
GoodTherapy.org owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
User may download copyrighted material for User’s personal use only provided that the following notice is included on such materials: "Copyright, GoodTherapy.org. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of GoodTherapy.org and the copyright owner.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) User shall not upload, post, or otherwise make available on GoodTherapy.org any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of GoodTherapy.org, User automatically grants, or warrants that the owner of such material has expressly granted GoodTherapy.org the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
User also permits any other User to access, view, store, or reproduce the material for that User’s personal use. User hereby grants GoodTherapy.org the right to edit, copy, publish, and distribute any material made available on GoodTherapy.org by User.
(D) The foregoing provisions of Section 5 are for the benefit of GoodTherapy.org, its subsidiaries, affiliates, and its third party content providers and licensers and each shall have the right to assert and enforce such provisions directly or on its own behalf.
By submitting any content or written work (hereafter "Work"), including comments, articles, and other written Work to GoodTherapy.org, You hereby grant to GoodTherapy.org the exclusive rights to the Work under the terms herein.
7. Disclaimer of Warranty; Limitation of Liability
(A) USER EXPRESSLY AGREES THAT USE OF GOODTHERAPY.ORG IS AT USER’S SOLE RISK. NEITHER GOODTHERAPY.ORG, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSERS WARRANT THAT GOODTHERAPY.ORG WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF GOODTHERAPY.ORG, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH GOODTHERAPY.ORG.
(B) GOODTHERAPY.ORG IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, NEGLIGENCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
USER SPECIFICALLY ACKNOWLEDGES THAT GOODTHERAPY.ORG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CLIENTS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(D) IN NO EVENT WILL GOODTHERAPY.ORG, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING GOODTHERAPY.ORG OR THE GOODTHERAPY.ORG SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE GOODTHERAPY.ORG. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON GOODTHERAPY.ORG.
(E) IN ADDITION TO THE FOREGOING, NEITHER GOODTHERAPY.ORG, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN GOODTHERAPY.ORG, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER GOODTHERAPY.ORG, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
GoodTherapy.org shall have the right, but not the obligation, to monitor the content of GoodTherapy.org, including chat rooms, blogs, forums, and client emails, to determine compliance with this Agreement and any operating rules established by GoodTherapy.org and to satisfy any law, regulation, or authorized government request. GoodTherapy.org shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on GoodTherapy.org. Without limiting the foregoing, GoodTherapy.org shall have the right to remove any material that GoodTherapy.org, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify, and hold harmless GoodTherapy.org, 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 GoodTherapy.org by User or User's Account.
Either GoodTherapy.org or User may terminate this Agreement at any time. Without limiting the foregoing, GoodTherapy.org shall have the right to immediately terminate User's Account in the event of any conduct by Client which GoodTherapy.org, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 7, 9, and this Section 10 shall survive termination of this Agreement.
GoodTherapy.org and each of their logos are trademarks of GoodTherapy.org. All rights are reserved. All other trademarks appearing on GoodTherapy.org 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.
12. Third Party Content
GoodTherapy.org is a licenser or distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, there are some cases in which GoodTherapy.org 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, GoodTherapy.org Blog authors, Users, or any other user of GoodTherapy.org, are those of the respective author(s) or distributor(s) and not of GoodTherapy.org.
Neither GoodTherapy.org 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 GoodTherapy.org represents the opinions and judgments of the respective information provider, User, or other user not under contract with GoodTherapy.org. GoodTherapy.org neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on GoodTherapy.org by anyone other than authorized GoodTherapy.org employee spokespersons while acting in their official capacities.
Under no circumstances will GoodTherapy.org be liable for any loss or damage caused by a Client's reliance on information obtained through GoodTherapy.org. It is the responsibility of Client to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through GoodTherapy.org. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
13. Copyrights and Copyright Agent
GoodTherapy.org respects the rights of all copyright holders and in this regard, GoodTherapy.org has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users 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 GoodTherapy.org 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.
GoodTherapy.org Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
GoodTherapy.org – Copyright Agent
200 West 34th Avenue, Suite 501
Anchorage, AK 99503
For any questions or requests other than copyright issues, please contact GoodTherapy.org.
200 West 34th Avenue, Suite 501
Anchorage, AK 99503
14. Children's Privacy
GoodTherapy.org 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.
15. Advertisements and Links
GoodTherapy.org does not endorse the content on any third-party websites. GoodTherapy.org is not responsible for the content of linked third-party sites, sites framed within GoodTherapy.org, or third-party advertisements, and does not make any representations regarding their content or accuracy.
User's use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. GoodTherapy.org does not endorse any product advertised on GoodTherapy.org.
You represent and warrant that when you make a payment to GoodTherapy.org 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.
17. Payment Charge-Backs
While we actively support fighting payment fraud, GoodTherapy.org 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, GoodTherapy.org 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.
18. Refund Policy
GoodTherapy.org does 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 Alaska, without regard to its conflict of law principles. You agree that the City of Anchorage, and the Municipality of Anchorage, in which GoodTherapy.org 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 GoodTherapy.org 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 GoodTherapy.org 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.
GoodTherapy.org Topic Page Animation is by Xtranormal.
21. Good Cause
User acknowledges that any monetary donation made by User to the GoodTherapy.org Good Cause program is made directly through GoodTherapy.org and is not tax-deductible. User authorizes GoodTherapy.org to charge the donated amount to User's credit card and to deliver the donated amount to the selected Good Cause Partner.
Last Update: 2014-12-05