Defining Fair Terms for Everyone

Terms of Service

License:

Please note that this document is based partly upon the Terms of Service produced by Automattic, Inc., which was released under the discontinued Creative Commons Sharealike license; therefore, this document itself is released under the Creative Commons Attribution-Share Alike 3.0 license. This means that you are welcome to create derivative works or repurpose this document for your own projects, under the proviso that you provide a working hyperlink from your version to this version here at MyTherapist.com.

Terms of Service:

The following terms and conditions govern all use of the MyTherapist.com Website and all content, services and products available at or through the Website, including, but not limited to, the MyTherapist.com Therapist Membership Services (“Therapist Membership Services”), (taken together, “the Website”), but with the exception of mental health services provided by listed member therapists, the provision of which is governed by the individual terms of service specified by the therapist concerned. The Website is owned and operated by Mulhauser Consulting, Ltd. (“Mulhauser Consulting”). Mulhauser Consulting, Ltd. is a company limited by shares and registered in England, no. 4455464 (Registered Office: 55 De Tracey Park, Newton Abbot TQ13 9QT). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website by Mulhauser Consulting (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Mulhauser Consulting, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Therapist Membership Services. If you have signed up for MyTherapist.com Therapist Membership Services, You are responsible for maintaining the security of your individual account, including but not limited to all associated passwords, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not describe or assign keywords to content that you publish on the site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Mulhauser Consulting may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Mulhauser Consulting liability. You must immediately notify Mulhauser Consulting of any unauthorized uses of your account or any other breaches of security. Mulhauser Consulting will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Content Provided by Therapists. Mulhauser Consulting provides the overall design and ‘look and feel’ of MyTherapist.com, but the written content of pages within a given therapist’s section is provided by that therapist. If you have signed up for MyTherapist.com Therapist Membership Services and post or submit any material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, or other types of material. By making Content available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party Websites or boost the search engine rankings of third party Websites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
   • your Content is not presented in a manner that misleads your readers into thinking that you are another person or company; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Mulhauser Consulting or otherwise.

   Mulhauser Consulting does not claim ownership of content provided by therapists. However, with respect to content which you submit or make available for publication on MyTherapist.com, you grant Mulhauser Consulting a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other materials or works in any format or medium now known or later developed.

   Without limiting any of those representations or warranties, Mulhauser Consulting has the right (though not the obligation) to, in Mulhauser Consulting’s sole discretion (i) refuse or remove any content that, in Mulhauser Consulting’s reasonable opinion, violates any Mulhauser Consulting policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Mulhauser Consulting’s sole discretion, in accordance with the provisions for termination described elsewhere within this document.

3. Fees and Payment. Optional Therapist Membership Services are available to qualified mental health practitioners. No other paid services are available from MyTherapist.com. The services of individual mental health practitioners promoted on MyTherapist.com may be contracted for solely via those practitioners, and neither MyTherapist.com nor Mulhauser Consulting will be involved in any way with the establishment of contracts for mental health services, including but not limited to psychiatry, psychology, psychotherapy, and counselling.
4. Therapist Membership Services.
   • Fees; Payment. By signing up for MyTherapist.com Therapist Membership Services, you agree to pay Mulhauser Consulting the membership fees specified at the time of membership as well as fees for any further services which you may request as specified in the MyTherapist.com Price List, available separately and included herein by reference, in exchange for the services listed in the MyTherapist.com Prospectus, also available separately and included herein by reference, or as modified by provisions of this Agreement. Applicable fees are payable in full prior to the delivery of such services and in advance of your using such services. MyTherapist.com Therapist Membership Services fees are not refundable. Mulhauser Consulting reserves the right to change the payment terms and fees for any services for which you have not already paid upon notice to you by email. MyTherapist.com Therapist Membership Services can be canceled by you at any time on 30 days written notice to Mulhauser Consulting.
   • Conditions of Service. Therapist Membership Services are provided on the conditions that (i) You must be a member in good standing of an appropriate professional organization with an ethical framework and a complaints procedure — or be licensed by a regulatory body which satisfies that role — and agree to abide by that ethical framework, including (where required) arranging for your own peer supervision, (ii) You must have satisfied yourself, within the context of your ethical framework, that you are appropriately prepared to offer psychiatry, psychology, psychotherapy or counselling services online, or alternatively that you will become appropriately prepared prior to commencing delivery of online services via MyTherapist.com, and (iii) You must be fully and appropriately licensed and credentialed for the delivery of mental health services if your profession is regulated by law.
   • Support Services. Therapist Membership Services include those services specified separately in the MyTherapist.com Prospectus. All Therapist Membership Services will be provided in accordance with Mulhauser Consulting standard Therapist Membership Services practices, procedures and policies.
5. Responsibility of Website Visitors. Mulhauser Consulting has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Mulhauser Consulting does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that some individuals may find objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that involves the intellectual property or other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Mulhauser Consulting disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MyTherapist.com links, and that link to MyTherapist.com. Mulhauser Consulting does not have any control over those non-MyTherapist.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-MyTherapist.com website or webpage, Mulhauser Consulting does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mulhauser Consulting disclaims any responsibility for any harm resulting from your use of non-MyTherapist.com websites and webpages.
7. Copyright Infringement. If you believe that material located on or linked to by MyTherapist.com violates your copyright, you are encouraged to notify Mulhauser Consulting.
8. Intellectual Property. This Agreement does not transfer from Mulhauser Consulting to you any Mulhauser Consulting or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mulhauser Consulting. Mulhauser Consulting, MyTherapist.com, the MyTherapist.com logo, and all other trademarks, service marks, graphics and logos used in connection with MyTherapist.com, or the Website are trademarks or registered trademarks of Mulhauser Consulting or Mulhauser Consulting’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Mulhauser Consulting or third-party trademarks.
9. Changes. Mulhauser Consulting reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Mulhauser Consulting may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
   
10. Termination. Mulhauser Consulting may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MyTherapist.com Membership Services account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Therapist Membership Services account, such account can only be terminated by Mulhauser Consulting if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Mulhauser Consulting’s notice to you thereof; provided that, Mulhauser Consulting can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    
11. Disclaimer of Warranties. The Website is provided “as is”. Mulhauser Consulting and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mulhauser Consulting nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. If you have signed up for Therapist Membership Services, you explicitly agree in addition that no warranty of any kind is provided with respect to the number of clients who may contract with you for online mental health services as a result of your listing with MyTherapist.com.
12. Limitation of Liability. In no event will Mulhauser Consulting, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement of substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mulhauser Consulting under this agreement during the 30 day period prior to the cause of action. Mulhauser Consulting shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the European Union or from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification. You agree to indemnify and hold harmless Mulhauser Consulting, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of (or association with) the Website, including but not limited to those arising out of your violation this Agreement.
15. Miscellaneous. This Agreement constitutes the entire agreement between Mulhauser Consulting and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mulhauser Consulting, or by the posting by Mulhauser Consulting of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of England and Wales, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts of England and Wales. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any third party; Mulhauser Consulting may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Draft v. 20080718