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The price for membership is $40.00 per Month.
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2.4. PaymentYou agree to pay us the applicable subscription fees and taxes. Failure to pay these fees may result in the termination of your subscription and Services. You authorize us to store and continue billing your payment method (e.g., credit card) to avoid interruptions in your Services.If you falsely represent that you are any related mental health professional or organization by not accurately selecting the appropriate subscription associated with your professional representation (individual or organization), than you may be asked to change your subscription to the accurate one, and/or maybe be denied membership access without notice.You may cancel your membership at any time by using the support links within your membership area, or by contacting us at [email protected] Please provide your full name and account username/login and allow a minimum of 3 business days for your subscription to be canceled. If you would like to cancel your subscription before the next billing cycle, you must use the appropriate support links to cancel and contact us PRIOR to the charge being processed. We do not provide refunds unless there was an error on our part. Your account and related materials will be deleted from our servers upon cancellation, or at the end of any billing cycle for which you have already paid in full, whichever is later.You as a listed member on the Website represent and warrant that when you make a payment to the Website as part of our service or for purchasing our products, that your credit information you submit is accurate, true and complete; that charges incurred by you will be honored by your bank or credit card company; that you will pay the charges incurred by you at the subscription costs you yourself signed up for which includes any applicable taxes; and 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.Although NeedingTherapy actively supports fighting payment fraud, we have a zero-tolerance policy regarding payment charge-backs. If you start a charge-back process regarding our service, NeedingTherapy reserves the right to immediately cancel your account. Your account and the payment information you provided will be stricken from our site’s files. Should this occur, 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.2.5. Subscriber ServicesThe Subscriber warrants that they are responsible for the services they provide to the individuals contacted through the website. The subscriber agrees that NeedingTherapy does not screen individuals, provide medical diagnosis or referrals, and has no responsibility for any arrangement made between the subscriber and the patient. The Subscriber warrants that they shall not, in any way, represent that NeedingTherapy is in any way responsible for the services or results that the Subscriber provides.You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service; or (2) an email sent to an address you provided; or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.2.6. MessagingOur Services allow messaging and sharing of information in many ways, such as your profile and e-mails. Information and content that you share or post will be seen by other Subscribers and the general public. We are not obligated to publish any information or content through our Services and we can remove any content in our sole discretion, at any time, with or without notice. By submitting suggestions or other feedback regarding our Services to NeedingTherapy, you agree that NeedingTherapy can use and share (but does not have to) such feedback for any purpose without compensation to you.2.7. Your ContentYou alone are responsible for your content and postings to our Website, and the consequences of any such content and postings. You agree not to use our Website to send or submit materials:
a. that are false, inaccurate or misleading; b. that infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;c. that violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, and false advertising); d. that are libelous, threatening or harassing; e. that are obscene or contain any kind of pornography;f. that contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; g. that might create liability for us or might cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers; h. that interfere with the ability of others to enjoy our Website;i. that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of NeedingTherapy; j. that link to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include; k. that contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); orl. that instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
That said, we are most often a passive conduit for the information Subscribers submit. We cannot and do not review every submission a Subscriber may make. We neither endorse nor guarantee the accuracy or propriety of any submission. We do, however, reserve the right, but do not assume the obligation, to restrict or prohibit your use of our Website if we believe you are violating any of the terms of this Subscription Agreement and to remove, edit, or relocate any submission as we see fit, whether for legal or other reasons.
2.8. DOS AND DON’TS
Your commercial exploitation of the Website is restricted to the limited license and by your obligations herein. As a condition of your subscription and eligibility to use our Website and Services, you must abide by NeedingTherapy’s Community Guidelines below:
DO:• 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 and keep it updated;• Provide a professional video to accompany your profile;• Use your real name or entity name;• Use the Services and Website in a professional manner.DON'T:
2.9 VIDEO SERVICESMembers may request contact information of video and filming agencies from our resource database when considering having a professional video. Contacts of filming or video services communicated to members, however, are not owned or operated by us and are outside of our control. These services should not be deemed an endorsement or representation of warranty, or any other type of guarantee or recommendation for these services. NeedingTherapy is not directly affiliated with these services. We offer the contact information of these services as a resource only. Under no circumstances shall we be responsible or liable for any loss or damage caused directly or indirectly by your reliance on information related to these resources obtained through the site.
No Framing. Without our prior written consent, you may not frame, or in-line link to, any of the content of our Websites, or incorporate into any other website or service any of our intellectual property.
We do not want anyone to be confused about which materials and services are provided by us and which are not. So, you may not use any the name, NeedingTherapy, or any other trademark, service mark, or trade name appearing on our Website.
8. DISCLAIMERS OF WARRANTIES
YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEEDINGTHERAPY, ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, MATERIALS AND SERVICES AVAILABLE THROUGH OUR WEBSITE. WE DO NOT GUARANTEE OUR WEBSITE TO BE ERROR-FREE, SECURE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE EXTENT ALLOWED UNDER LAW, NEEDINGTHERAPY DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, TITLE, AND NON-INFRINGEMENT. NEEDINGTHERAPY DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. NEEDINGTHERAPY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE MAKE NO REPRESENTATIONS AS TO THE CONTENT, QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY INFORMATION, GOODS, OR SERVICES THAT YOU OR OTHER SUBSCRIBERS OFFER, OR TO WHICH YOU OR OTHER SUBSCRIBERS MAY PROVIDE LINKS. YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST US WITH RESPECT TO YOUR INFORMATION, GOODS, AND SERVICES OR THOSE OF OTHER SUBSCRIBERS. YOU MAY OFFER YOUR OWN INFORMATION, GOODS, OR SERVICES THROUGH LINKS ON OUR WEBSITE. ALL MATTERS CONCERNING SUCH INFORMATION, GOODS, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE, AND DELIVERY, ARE SOLELY BETWEEN YOU AND THE CONSUMERS WITH WHOM YOU CHOSE TO DO BUSINESS. WE MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH REGARD TO ANY OF YOUR INFORMATION, GOODS, OR SERVICES PROVIDED BY YOU OR OTHER SUBSCRIBERS. YOU WILL NOT CONSIDER US - NOR WILL WE BE DEEMED - A PARTY TO SUCH TRANSACTIONS, WHETHER OR NOT WE MAY HAVE RECEIVED SOME FORM OF REMUNERATION IN CONNECTION WITH THE TRANSACTION. WE WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF ANY TRANSACTION (WHETHER DIRECTLY OR INDIRECTLY) BETWEEN YOU AND ANY OTHER PERSON OR ENTITY.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.9. LIMITATION OF LIABILITYTO THE EXTENT PERMITTED UNDER LAW, NEEDINGTHERAPY (AND THOSE THAT NEEDINGTHERAPY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME, LOSS OF USE, OR CHANGES TO YOUR INFORMATION OR CONTENT).IN NO EVENT SHALL THE LIABILITY OF NEEDINGTHERAPY (AND THOSE THAT NEEDINGTHERAPY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE AMOUNT OF $1000.THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NEEDINGTHERAPY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF NEEDINGTHERAPY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.10. INDEMNIFICATIONYou shall defend, indemnify, and hold harmless NeedingTherapy from and against any third-party claims, costs, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) arising out of: (i) any claim alleging that your content infringes the rights of, or has caused harm to, a third party; (ii) your services; (iii) your use of our Website; or (iv) your breach of, or failure to conform to the requirements of, this Agreement.11. INFORMATION WE COLLECT
11.1. The information we gather on our Website falls into two categories: (1) information you supply when you register, and (2) tracking information collected as you navigate through our Website.
11.2. Registration Information
To use certain features on our Website, we ask you to register. When you register, we collect personally identifying information about you, including your name, mailing address, email address, user name, and password. We may also ask for some additional, optional information, but you're free to register without providing this optional information if you prefer. In addition, at various other points on our Website, we may ask you for personally identifying information, including when you: complete a survey or report a problem with our Website. We use this information to tailor our Website to your interests and to make it more useful to you, and to help improve our Website generally.
11.3. Tracking Information (Cookies)
To help us serve your needs better, we use "cookies" to store and sometimes to track user information. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive. A cookie contains a unique number that allows our Website to identify your computer. For example, cookies allow us to keep track of your user name and password (if you are a Registered Subscriber) so you don't have to re-enter that information each time you visit our Website.
11.4. Tracking Information (IP Address)
We may also collect information about your access time and your computer configuration, including the type of browser software you use, the operating system that you're running, the resolution of your computer monitor and your Internet Protocol ("IP") address. Your IP address is a number that is used by computers connected to the Internet to identify your computer so that data (such as the web pages you request) can be sent to you. Your IP address does not tell us who you are. Like the IP address, none of the other information described in this paragraph identifies you personally. We collect this information for purposes of aggregated reporting on Website activity that we, and our advertisers if any, may use. For example, we may want to know how long the average user spends on our Website, which pages or features get the most attention, and the like. The aggregated information helps to understand our audience and confirm the value of advertising on our Website.
The “Help” function button on most browsers contains information on how to set your browser to notify you before accepting cookies or to disable cookies entirely. However, if you don't accept cookies, you may not be able to take advantage of various features on our Website that are available to other visitors. 12. APPLICABLE LAW & JURSIDICTIONThis Website is controlled and operated by NeedingTherapy from the Commonwealth of Massachusetts in the United States of America. Those who choose to access our Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Subscription Agreement constitutes an agreement made in, and to be construed in accordance with the laws of, the Commonwealth of Massachusetts without regard to its conflict of law provisions. By using this Website, you consent to the exclusive jurisdiction of the state and federal courts in Suffolk County, Massachusetts, in all disputes arising out of or relating to this agreement or our Website.
13. DISPUTE RESOLUTION
You agree not take any legal action against us that relates to or arises out of our Website without first (a) emailing us a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. All correspondence concerning such dispute must be sent to [email protected], or such other designee as NeedingTherapy may identify from time to time.
In the event that any provision of this Subscription Agreement conflicts with the law under which this Subscription Agreement is to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Subscription Agreement, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Subscription Agreement will remain in full force and effect. Any waiver of rights under this Agreement shall be in writing. If either party fails to insist upon or enforce strict performance by the other party of any provision of the Subscription Agreement, or to exercise any right under the Subscription Agreement, such a failure will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.This Subscription Agreement constitutes the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter.
15. COPYRIGHT COMPLAINTS REGARDING CONTENTWe respect the intellectual property rights of others. We require that information posted by Subscribers be accurate and not in violation of the intellectual property rights or other rights of third parties. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Website, please notify us by sending an email to [email protected] Please note that we may access and disclose your personally identifiable information in order to address any infringement claim.
16. HOW TO CONTACT USFor matters relating to your subscription, our Website, or Services, you may contact us at the addresses below:ONLINE: [email protected]
END OF SUBSCRIPTION AGREEMENT