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These Therapy Provider Terms of Use (“Provider Terms of Use”)are entered into by and between you (also referred to as “your” or “Therapist”)and Best Therapists, LLC, a Colorado limited liability company (“Best Therapists”, also referred to as “we”, “us”, or “our”).
For Therapists, Best Therapists provides an online mental health directory (the "Directory Service" or the “Services”). The Directory Service is made available via BestTherapists.com (the “Site”).
A Therapist is a user who is a psychiatrist, psychologist, counselor, clinician, therapist, clinical social worker, or similar professional, such as a mental health nurse practitioner, who is duly certified and licensed in good standing under applicable state law to provide mental or behavioral health services and has registered with the Directory Service through the Site.
These Provider Terms of Use govern your access to and use ofthis Site, including any and all information, text, graphics, photos, functionality, services, or other materials created by Best Therapists orobtained from our licensors, and other materials contained on or appearing on the Site (collectively referred to herein as “Content”).
By using or accessing the Site, registering with the Site for the Directory Service, or by clicking to accept or agree to these ProviderTerms of Use when this option is made available to you, you signify that you agree to be bound by these Provider Terms of Use and our Privacy Policy located at besttherapists.com/terms, which is incorporated by reference in its entirety herein.Together our Provider Terms of Use and Privacy Policy govern our handling of all personal information we receive and collect from you through the Site for the Directory Service.
BY REQUESTING A THERAPIST PROFILE ON THE SITE, YOU REPRESENT ANDWARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS AND YOUAFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE. IF YOU DO NOT MEETALL OF THESE REQUIREMENTS, YOU WILL NOT BEELIGIBLE FOR THE DIRECTORY SERVICE.
1. Therapist Eligibility
The Directory Service made available through this Site is solelyoffered and made available to Therapists who (1) agree to be bound by theseProvider Terms of Use, (2) are 18 years of age or older, (3) are authorized towork in United States of America and have a professional license or permit toprovide therapy services in the state in which the Therapist is providingservices, and (4) are eligible to register for an account through the Site withour Directory Service. Such eligibility will be based on Therapist completing avetting process with Best Therapists, which will include peer reviews, a reviewof Therapist’s online presence, including ratings, and Therapist must agree tosee no more than 20 clients per week. Best Therapist will notgrant registration to any Therapist that demonstrates racism, homophobia, orany other form of discrimination. By registering for an account through theSite, Therapist represents that Therapist will practice trauma informed therapywith Consumers (defined below). Access to the Site, the Directory Service, orthe Content may be prohibited or restricted in countries or territories outsideof the United States of America and any such access from outside the United Statesshall be at your sole risk.
YOU MUST DISCONTINUE YOUR USE OF THE SITE AND ARE PROHIBITED FROM REGISTERING WITH THE SERVICE IF YOU (A) DO NOT AGREE TO THESE TERMS OFUSE, (B) DO NOT SATISFY THE THERAPIST ELIGIBILITY CRITERIA, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE'S CONTENTS OR SERVICES BY APPLICABLE LAW.
2. Your Listing
If you are eligible for the Directory Service, you will be asked to affirmatively consent to these Provider Terms of Use and our Privacy Policy.By agreeing to be a part of the Directory Service, you agree to (i) maintain the confidentiality and security of any information you obtain through your use of the Site, including from Site users (“Consumers”), other Therapists, or us,(ii) promptly update any information you provide to us in connection with your listing and keep it accurate, current, and complete, (iii) and promptly cancel your listing with us if your professional license or permit to provide therapy services is revoked, suspended or modified in any way.
3. Payment
As consideration for the Directory Service, Therapist will pay Best Therapists a monthly fee of $20/month, which is charged automatically after initial payment. This fee is subject to change, but Therapist will be notified by Best Therapists if that occurs.
4. Changes to Site / Services and Limitation of Liability
We reserve the right, at our sole discretion, for any reason, at any time, with or without notice to you, to modify, revise, or discontinue, temporarily or permanently, the Site (or any part thereof) or to terminate your listing. When applicable, we will notify you of updates to our Provider Terms of Use. Best Therapists does not promise to offer any customer support or website maintenance other than maintenance required to ensure the Site is operational.
Under no circumstances shall we be liable for any direct or indirect loss, damage, liability, or expense incurred or suffered which is claimed to result from your use or loss of use of the Site or any services made available on the Site, including without limitation, any fault, error, omission, interruption, or delay with respect thereto, even if we have been advised of the possibility of the same.
5. Acceptable Use
The Site, the Services, and the Content are offered for informational purposes only. Best Therapists is not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available to you via the Services and the Site, and is not responsible or liable for any error or omissions in that information. Under no circumstances will we be liable for any loss or damage caused by your reliance on Content obtained through the Services and the Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other Content available through the Services and the Site.
The Content is not and shall not be considered medical or professional advice. Your use of or access to the Directory Service and theSite absolutely does not create any medical treatment or counseling relationship between you, us, or any of the Consumers. We do not represent or warrant that any particular Therapist, medication, or treatment or product or service referred to in the Content or otherwise through the Site is safe, appropriate, or effective. Without limitation, we do not recommend or endorse any specific tests, Consumers, Therapists, medications, products, or procedures. Any relationships or transactions whatsoever that you enter into with a Consumer, another Therapist, or any third party listed on the Site or the Services or linked from this Site are solely between you and them and subject to any terms and conditions imposed between you.
You acknowledge that your ability to access and use theDirectory Service is conditioned upon the truthfulness of the information in your Therapist profile and all other information you submit to Best Therapists.
You agree not to access or use the Directory Service, the Site, or the Content in an unlawful way or for an unlawful or illegitimate purpose orin any manner that contravenes these Provider Terms of Use. You are solely responsible and liable for any Content or other information or material you provide, share, or transmit to us directly and/or through or on the Directory Service.
6. Prohibited Uses
You agree not to and are prohibited by us from:
● Registering and using the Directory Service through the Site unless you have an active, valid license or permit, issued by an applicable state licensing or permitting body, to practice mental health or behavior health care;
● Using the Site in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding the export of data or software to and from the United States or other relevant countries or through infringement, misappropriation, or violation of any of the intellectual property rights of or the privacy or publicity rights of third parties, including other users of the Services);
● Using the Site to transmit, upload, download, or share in anyway sexually explicit, violent, or defamatory material;
● Using the Site to transmit or send unsolicited commercial communications or any solicitations for the sale of goods or services, other than as permitted by Therapists who are duly authorized by us to provide Content and be listed on the Site with the Directory Service;
● Accessing (or attempting to access) the Site by any means other than through the interface that is provided by us;
● Attempting to hack or gain unauthorized access to, interfere with, damage, disrupt, impair, or circumvent any of the security features of any part of the Site, the Services, or the Content (including, but not limited to, accounts, computer systems, servers, networks, and databases which serve or otherwise are connected to the Site);
● Providing information that is false, misleading, unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person;
● Using this Site in any way that would damage its Content or visibility for other visitors;
● Submitting images, videos or audio files (collectively,"Media") of other people without their permission;
● Reproducing, redistributing, translating, republishing, duplicating, copying, displaying, selling, renting, sub-licensing, trading or reselling any Content or other aspect of the Site for any commercial purpose (except for content specifically and expressly made available for redistribution or Content that you have submitted and licensed to us), or disclosing or providing access to the Service, the Site, or the Content to any third party service bureau, time sharing, or similar services.
You are solely responsible for (and we have no responsibility to you or to any third party for) any breach of your obligations under these Provider Terms of Use or for any consequences (including any loss or damage which you or third parties may suffer) as a result of any such breach.
BY ACCEPTING THESE PROVIDER TERMS OF USE YOU WAIVE ALL CLAIMS AGAINST BEST THERAPISTS ARISING FROM OR RELATED TO YOUR USE OF THE SITE AND/ORTHE DIRECTORY SERVICE AND WILL INDEMNIFY BEST THERAPISTS FROM ALL LOSSES AND LIABILITIES RESULTING FROM YOUR USE OF THE SITE AND/OR THE DIRECTORY SERVICE IN VIOLATION OF THE PROVIDER TERMS OF USE, INCLUDING ANY PROHIBITED USES; ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS; OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BEST THERAPISTS ORLAW ENFORCEMENT AUTHORITIES.
7. Therapists
Therapists advertised or identified through the Directory Service are not employees, agents, nor representatives of Best Therapists. All Therapists listed in our directory are responsible for their own professional services. Best Therapists assumes no responsibility, and shall not be liable, for the quality or any aspect of the services a Therapist provides, nor any act, omission or wrongdoing committed or allegedly committed by any Therapist.Therapists submit or approve all Content included in their listings and are solely responsible for all information contained therein.
Best Therapists makes no representation or warranty whatsoever as to whether Consumers will make contact with any Therapist or find any Content featured on the Site and the Services to be relevant, useful, correct, satisfactory, or suitable to their needs. Your relationship with Consumers, other Therapists, or any third parties encountered through the Site or theServices is strictly between you and them. Best Therapists is not involved in monitoring, validating, controlling, or participating in that relationship in any way whatsoever.
8. Therapist Communications
Having an active, listed Therapist profile means you agree that the content on your profile represents services to be offered by you directly to a client. Therapists found to be redirecting client referrals, contact forms, emails, or phone calls to other directories, services, waitlists, or therapists will be unlisted without warning. Repeated violations may result in listing removal or a ban from the Directory Service.
9. Therapist Content and Submissions
The Site contains functionality and features, including Therapist profiles, Media or other submissions that are accessible on the Site to all users (collectively "Public Areas") that allow Therapists to submit professional and personal information for us to create and maintain their online profile on the Site, and to post or upload Content, including Media, to Public Areas of the Site ("Therapist Content"). You agree that you will not share or transmit any communications or Therapist Content of any type to or for the Public Areas of this Site that infringe or violate any rights of any party or are offensive, disparaging, or defamatory. By submitting or approving Therapist Content on this Site, you agree to comply with these Provider Terms of Use. You further acknowledge and understand that Therapist Content in Public Areas of this Site is non-confidential for all purposes. Best Therapists may remove or choose not to publish information you submit in Best Therapists’ sole discretion, for any reason or no reason at all.
Any Content created, submitted, or approved by a Therapist for use on such Therapist’s profile remains the property of the Therapist. The Site remains the property of Best Therapists. By sharing any Media with us, you grant Best Therapists a non-exclusive, perpetual, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the Media and any material included in the Media. You agree to only share Media on with us that you have taken yourself or that you have all rights to transmit and license the Media and that the Media do not violate trademark, copyright, privacy, or any other rights of any other person. You warrant that you have permission from any and all persons appearing in the Media that allow you to submit the Media to the Site and to grant the rights and license described above. In the event that other people appear in the Media you submit to the Site, you certify that all such people pictured in the submitted Media, or their authorized representatives, authorize Best Therapists to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the Media and any material included in such Media.
YOU WILL INDEMNIFY AND DEFEND BEST THERAPISTS FROM ALL LOSSES AND LIABILITIES ARISING OUT OF CONTENT THAT YOU USE ON THE SITE, INCLUDING INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
10. Termination
Best Therapists may suspend or terminate your use of the Directory Service at any time, for any reason, or for no reason at all. Best Therapists has the right, but not the obligation, to refuse to provide access to the Directory Service to any person, business, or organization at any time, for any reason, or for no reason at all, in the sole discretion of Best Therapists. Best Therapists reserves the right to change, suspend, or discontinue all or part of the Services, temporarily or permanently, without prior notice.
Therapist’s listing will automatically renew monthly unless terminated prior to such renewal by Therapist by submitting a ticket in their member portal, located at portal.besttherapists.com. Cancellation goes into immediate effect, and no refunds will be granted.
11. Governing Law
To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or related to these Terms of Use will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its choice of laws principles. Any claim or dispute arising out of or relating to these Provider Terms of Use shall be subject to the exclusive jurisdiction of state or federal courts located in the State of Colorado, and you hereby submit to the personal jurisdiction of such courts.
12. Entire Agreement
These Provider Terms of Use supersede any other agreement between you and Best Therapists with respect to the subject matter of these Provider Terms of Use. No change, waiver or discharge hereof will be valid unless made in writing and signed by an authorized representative of the party against which such change, waiver or discharge is sought to be enforced. Any failure by Best Therapists to assert a right or provision under these ProviderTerms of Use shall not constitute a waiver of such right or provision.
13. General
Best Therapists reserves the right to revise these ProviderTerms of Use from time to time in the sole discretion of Best Therapists, upon notice to you. By continuing to access the Site or use our Directory Service after such notice, you agree to be bound by the Provider Terms of Use as revised. Notices required to be given to you by Best Therapists may be delivered by electronic mail to the address provided during the creation of your Therapist account.