Alternative Therapists Directory Terms of Use Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

1. Definitions

2. General

3. Changed Terms

4. Equipment

5. Client Conduct

5. Forum Use

6. Disclaimer of Warranty; Limitation of Liability

7. Monitoring

8. Indemnification

9. Termination

10. Trademarks

11. Third Party Content

12. Copyrights

13. Children’s Privacy

14. Advertisements and Links

15. Payments

16. Refund Policy

17. Miscellaneous

This page represents a legal document and is the Terms of Service and Use Agreement (“Agreement”) for our website, AlternativeTherapistsDirectory.com (“Alternative Therapists”), as owned and operated by Unconscious Productions, LLC, DBA: “Psychology Tomorrow”. It was last updated on Friday, March 7th, 2014.

By using Alternative Therapists, you agree to fully comply with and be bound by the following Agreement. Please review the following terms carefully.

1. Definitions

Alternative Therapists is an interactive, online service operated by Psychology Tomorrow, consisting of information services and content provided by members, affiliates of Psychology Tomorrow and other third parties. “User” means each person who accesses Alternative Therapists for access to and use of information OR establish a connection (“Account”) for use of its services.

2. General

(A) Alternative Therapists 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 advice or delay in seeking it because of something you have read on Alternative Therapists.

(B) Alternative Therapists does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on Alternative Therapists. Reliance on any information provided by Alternative Therapists and its members, Psychology Tomorrow employees, others appearing on Alternative Therapists at the invitation of Psychology Tomorrow, or other visitors to Alternative Therapists is solely at your own risk.

(C) Psychology Tomorrow provides the Alternative Therapists Directory as a public service for those interested in working with Alternative Therapy providers (therapists, counselors, marriage and family therapists, social workers, psychologists, psychiatrists, nurse practitioners, etc.).

(D) Alternative Therapists 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 on Alternative Therapists. Information accessed through Alternative Therapists 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) Psychology Tomorrow does not arbitrate or warrant the competence of any health provider listed on Alternative Therapists. Psychology Tomorrow does not warrant that the health providers listed on Alternative

Therapists are currently or properly licensed, though therapists marked “Verified” are officially certified and verified through due-diligence. Despite that, under no circumstances should Alternative Therapists be used to verify the credentials of mental health care providers. For safety’s sake, please contact your State Professional Licensing Board to verify the licensure of a provider. Use of Alternative Therapists to locate, contact, or receive services from an Account is wholly voluntary. In no event shall Psychology Tomorrow be liable for damages to any User of Alternative Therapists.

(F) When Users and Accounts of Alternative Therapists who submit questions and posts via a form on Alternative Therapists there is an implicit acknowledgement that their questions may be published on Alternative Therapists and made public at the discretion of Psychology Tomorrow. By submitting content through the form, Users and Accounts give their consent to publish the submitted content, understanding that it is their responsibility to exclude any identify information from their submission, even though Psychology Tomorrow will make every effort to remove identifying information. Clients 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 “Verified” seal found on the profile page of some therapists listed on Alternative Therapists, 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 or National 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 Alternative Therapists Directory with the Verified Credential Seal are asked to reapply for verification annually in September. If a therapist in the Alternative Therapists Directory Therapist Directory does not re-apply 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 is currently or properly licensed. Thus, Alternative Therapists does not warrant that the providers listed on Alternative Therapists are currently or properly licensed. Under no circumstances should Alternative Therapists be used to verify the credentials of mental health care providers.

(H) Alternative Therapists shall have the right at any time to change or discontinue any aspect of their profile, including, but not limited to, content, hours of availability and writing.

(I) Clients who contact Alternative Therapists Accounts and Users through the Alternative Therapists internal email system will receive an automatic confirmation email when Psychology Tomorrow forwards Users’ email to the member.

(J) Users who contact an Alternative Therapists Account through the internal email system will automatically be added to our subscriber database and will be sent monthly updates on helpful resources related to therapy and treatment. Users’ and Accounts’ privacy will be respected and contact information (email address, name, etc.) will not be shared with anyone other than the therapist Account contacts.

(K) Accounts who register for Alternative Therapists Directory Membership and are approved to advertise in the Alternative Therapists Directory acknowledge the existence of the terms, which is applicable to all therapist member Accounts, by virtue of registering for Alternative Therapists Directory membership, which includes a required check-box agreement, to all of the conditions contained in the terms.

(L) This Agreement, which incorporates by reference other provisions applicable to the use of Alternative Therapists Directory, sets forth the terms and conditions that apply use of Alternative Therapists Directory. By using Alternative Therapists Directory, Client agrees to comply with all of the terms and conditions hereof.

3. Changed Terms

Psychology Tomorrow shall have the right at any time to change or modify the terms and conditions applicable to Client’s use of Alternative Therapists Directory, 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 Alternative Therapists Directory, or by electronic or conventional mail, or by any other means by which Accont obtains notice thereof. Any use of Alternative Therapists Directory by Account after such notice shall be deemed to constitute acceptance by Client of such changes, modifications, or additions.

4. Equipment

Account shall be solely responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of Alternative Therapists Directory and all charges related thereto.

5. Client Conduct

(A) Client shall use Alternative Therapists Directory for lawful purposes only. Client shall not post or transmit through Alternative Therapists Directory 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 an Account or User that in the sole discretion of Alternative Therapists Directory restricts or inhibits any other Account of User from using or enjoying Alternative Therapists Directory will not be permitted. Client shall not use Alternative Therapists Directory to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users/Accounts to become clients of other on-line information services competitive with Alternative Therapists Directory and/or Psychology Tomorrow.

(B) Alternative Therapists Directory contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of Alternative Therapists Directory are copyrighted as a collective work under United States copyright laws. Psychology Tomorrow owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Users 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.

Client may download copyrighted material for Client’s personal use only provided that the following notice is included on such materials: “Copyright, Psychology Tomorrow. 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 Alternative Therapists Directory 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. Users acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Accounts and Users shall not upload, post, or otherwise make available on Alternative Therapists Directory 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 Account/Users, who 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 Alternative Therapists Directory, Uses automatically grants, or warrants that the owner of such material has expressly granted Psychology Tomorrow 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 Users/Account to access, view, store, or reproduce the material for that User’s personal use. Users hereby grants Alternative Therapists Directory the right to edit, copy, publish, and distribute any material made available on Alternative Therapists Directory.

(D) The foregoing provisions of Section 5 are for the benefit of Psychology Tomorrow, its subsidiaries, affiliates, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Disclaimer of Warranty; Limitation of Liability

(A) CLIENT EXPRESSLY AGREES THAT USE OF ALTERNATIVE THERAPISTS DIRECTORY IS AT USER’S SOLE RISK. NEITHER PSYCHOLOGY TOMORROW, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ALTERNATIVE THERAPISTS DIRECTORY WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED.

(B) ALTERNATIVE THERAPISTS 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 MERCHANTABILITY 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.

CLIENT SPECIFICALLY ACKNOWLEDGES THAT ALTERNATIVE THERAPISTS 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 CLIENT.

(D) IN NO EVENT WILL PSYCHOLOGY TOMORROW, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ALTERNATIVE THERAPISTS, 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. CLIENT HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON ALTERNATIVE THERAPISTS.

(E) IN ADDITION TO THE FOREGOING, NEITHER PSYCHOLOGY TOMORROW, 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 INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ALTERNATIVE THERAPISTS, 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 ALTERNATIVE THERAPISTS, 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.

7. Monitoring

Psychology Tomorrow shall

have the right, but not the obligation, to monitor the content of Alternative Therapists Directory, including chat rooms, blogs, forums, and client emails, to determine compliance with this Agreement and any operating rules established by Psychology Tomorrow and to satisfy any law, regulation, or authorized government request. Alternative Therapists shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Alternative Therapists Directory. Without limiting the foregoing, Psychology Tomorrow shall have the right to remove any material that, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification

User agrees to defend, indemnify, and hold harmless Psychology Tomorrow, 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 Alternative Therapists Directory by Users and Accounts.

9. Termination

Either Alternative Therapists Directory or User may terminate this Agreement at any time. Without limiting the foregoing, Psychology Tomorrow shall have the right to immediately terminate Client’s Account in the event of any conduct by Account which Alternative Therapists Directory, 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.

10. Trademarks

Alternative Therapists Directory and each of their logos are trademarks of Psychology Tomorrow. All rights are reserved. All other trademarks appearing on Alternative Therapists Directory 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.

11. Third Party Content

Alternative Therapists Directory is a licenser or distributor (and not a publisher) of content supplied by third parties and Accounts. Accordingly, there are some cases in which Alternative Therapists Directory 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, Psychology Tomorrow authors, Accounts, or any other user of Alternative Therapists Directory, are those of the respective author(s) or distributor(s) and not of Psychology Tomorrow.

Neither Alternative Therapists Directory 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 Alternative Therapists represents the opinions and judgments of the respective information provider, Client, or other user not under contract with Psychology Tomorrow, which neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Alternative Therapists Directory by anyone other than authorized Psychology Tomorrow employee spokespersons while acting in their official capacities.

Under no circumstances will Alternative Therapists Directory be liable for any loss or damage caused by a User’s reliance on information obtained through Alternative Therapists Directory. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through Alternative Therapists Directory. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

12. Copyrights and Copyright Agent

Psychology Tomorrow respects the rights of all copyright holders and in this regard, Alternative Therapists Directory 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 Alternative Therapists Directory 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.

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

  • Information reasonably sufficient to permit us to contact the complaining party.

  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Alternative Therapists Directory Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:

Psychology Tomorrow

Alternative Therapists Directory – Copyright Agent

433 W 21st Street

New York, NY 10011

For any questions or requests other than copyright issues, please contact:

ben@psychologytomorrowmagazine.com

631-258-0260

13. Children’s Privacy

Alternative Therapists Directory is not intended or designed to attract persons under the age of 18. Also, we do not collect information from any person we actually know is under the age of 18.

14. Advertisements and Links

Alternative Therapists Directory does not endorse the content on any third-party websites. Psychology Tomorrow is not responsible for the content of linked third-party sites, sites framed within Alternative Therapists Directory, or third-party advertisements, and does not make any representations regarding their content or accuracy.

Accounts’ and Users’ use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Alternative Therapists Directory does not endorse any product advertised on Alternative Therapists Directory.

15. Payments

You represent and warrant that when you make a payment to Psychology Tomorrow 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.

16. Refund Policy

Alternative Therapists Directory does not offer refunds for our Service. We may offer refunds for our Products, in cases of false advertising, subject to our discretion or legal consultation.

17. Miscellaneous

You understand that this Agreement, our Website, and our Service are governed by the laws of the State of New York, without regard to its conflict of law principles. You agree that the City of New York, and the Municipality of New York City, in which Psychology Tomorrow 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 Alternative Therapists Directory 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 Alternative Therapists Directory 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.

Last Update: March 10, 2014