NeedingTherapy Terms of Use

Last Modified: October 5, 2016

1. ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between You and NeedingTherapy (“Company”, “we” or “us”) and are regarding the Terms of use on NeedingTherapy.com (the “Website”). The following terms and conditions, (these “Terms of Use”), govern your access to and use of the Website, including any content, functionality and services offered on.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use.

2. CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately and apply to all access to and use of the Website thereafter. Your continued use of the Website following the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

3. ACCESSING THE WEBSITE

You must be age eighteen (18) or over to use our Website. We will not be liable if for any reason all or any part of the Website is unavailable at any time for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

 

4. MEDICAL DISCLAIMER

NeedingTherapy is an informational resource only. Information obtained from sources is believed to be accurate and reliable. The listed information and sources are not a substitute for the knowledge, skill, and judgment of qualified psychiatrists, psychologists, and other healthcare professionals.  NeedingTherapy makes no warranty as to the accuracy, reliability, or completeness of this information and requests that all users exercise diligence in choosing a professional listed here. NeedingTherapy is not intended to substitute as a physician, psychiatrist, or any other medical service and therefore if you have any health, medical, or other questions or concerns, contact a health care professional. 

Although we strive to screen our members who are listed on our site, we are unable to verify nor audit the information given to us. We cannot serve as a guaranteed indication that a particular mental health professional or organization listed on Needingtherapy.com is currently or properly licensed and/or guarantee the accuracy or qualifications of those professionals and/or organizations listed with us. It is the user’s responsibility to exercise due diligence in selecting a mental health professional/organization and therefore the user’s responsibility to contact your State Professional Licensing Board to verify the licensure of a provider, as well as verify the professional’s or organization’s professional credibility, and all other information they provide. By using and registering on our website, you agree and assent to all of our Terms of Use. If you do not agree to these Terms of Use, please discontinue using the Website immediately.

5. INTELLECTUAL PROPERTY RIGHTS

These Terms of Use permit you to use the Website for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

Modify copies of any materials from this Website.

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access for use for any commercial purposes any part of the Website or any services or materials available through the Website.

6. TRADEMARKS

NeedingTherapy, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of NeedingTherapy or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

7. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.

To impersonate or attempt to impersonate a NeedingTherapy employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Website.

Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Website.

8. DISCLAIMER OF WARRANTIES

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DUE TO YOUR USE OF DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

NEEDINGTHERAPY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

9. LIMITATIONS ON LIABILITY

IN NO EVENT WILL NEEDINGTHERAPY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. DISPUTES

Any dispute or claim relating in any way to your use of the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The regulations and guidelines promulgated and distributed by the American Arbitration Association, the laws of the State of Massachusetts shall apply and govern this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Term of Service as a court would.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Commercial, Business to Business and Industry Specific Disputes, The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. NeedingTherapy will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous, nor agree to pay such costs and fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where our offices are located.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using NeedingTherapy services and/or our website, you agree that the Federal Arbitration Act, applicable industry law, and the laws of the state of Massachusetts USA, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and NeedingTherapy.

11. YOUR COMMENTS AND CONCERNS

This Website is operated by NeedingTherapy.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected]

END OF TERMS OF USE