PLEASE READ CAREFULLY:
1. ACCEPTANCE OF TERMS
Welcome to TherapyTribe. TherapyTribe provides the TherapyTribe.com website (“Website”) to you, the Member, subject to the following Terms of Service. By using our Website, you, (“Member”), agree to be bound by these Terms of Service. Please read them carefully. If you do not agree to these Terms of Service, please do not become a Member or place a directory listing on TherapyTribe. You can review the most current version of the Terms of Service at any time at: https://www.therapytribe.com/terms-of-service/
2. DESCRIPTION OF SERVICE AND BILLING TERMS
A. Member Access and Benefits
TherapyTribe provides Member with access to:
- TherapyTribe Therapy Directory where Member can create a listing to advertise their practice to potential clients, consumers, and the general public. Members are not required to complete their directory profile application and advertise their practice. Having a directory profile is optional for all members.
- Opportunities to publish blogs/articles.
- Free Therapist Website and Hosting for active members of TherapyTribe Directory. Members have the option in My Account section to create and publish a website using the dashboard tools provided.
B. Membership with TherapyTribe
Membership with TherapyTribe begins when a new Member completes the registration process. Completion of the registration process is all that is required to become a Member and the attendant obligations of being a Member.
Immediately upon completion of the registration process, the Member has access to create their listing by providing and submitting professional details to publish their listing, and opportunities to publish blogs/articles and a website. It is the member’s responsibility to make use of the service and no refunds are permitted if the member does not make use of the service provided.
Membership with TherapyTribe is either month-to-month or year-to-year automatic recurring billing, depending on the selection made by Member during initial registration or during the update of their payment information. The membership fee for new Members is $29.95 (USD) per month OR $299 (USD) per year. The Member acknowledges that the fee and Terms of Service for the TherapyTribe Membership are subject to change, and that TherapyTribe reserves the right to revise rates and terms under this contract at any time.
Members may cancel their membership to TherapyTribe at any time without refund by completing the cancellation form found within the Billing Details section of their account section. The purpose of the cancellation form is to confirm identity and to gather helpful feedback; thus requests to cancel membership solely by email are not acceptable. If a Member cancels membership he or she will not be charged for the next scheduled recurring bill and all listings will be removed immediately. Absolutely no refunds or pro-rated amounts will be given to Members who cancel before their term of service expires. Absolutely no refunds or pro-rated amounts will be given to Members who chose not to renew their membership. Absolutely no refunds or pro-rated amounts will be given to Members for any reason whatsoever except in cases of Members who have referred another Member to TherapyTribe.
Member authorizes TherapyTribe to automatically charge the fee to Member’s credit card either one time per month or one time per 365 days, depending on their membership type, during the course of membership. Member acknowledges that TherapyTribe does not save or maintain any credit card information on the TherapyTribe server and instead uses Braintree Merchant Services to store credit card information and process credit card transactions via a secure and encrypted SSL page to ensure the highest safety for all transactions.
If and when a Member’s credit card declines the periodic membership fee, TherapyTribe’s system will continue to attempt the transaction on a daily basis. TherapyTribe will make every effort to contact the Member should the Member’s credit card decline. If a Member’s account is left unpaid TherapyTribe will keep the Member’s account active for up to 30 days from the time the Member’s membership dues transaction first failed. Members will continue to be responsible for paying their past due amount and any future past due amount that accrues, up to 30 days past due.
D. Referral Benefits
There is a “free month for every new Member you refer” offer which is extended to all TherapyTribe Members. Members can refer as many new Members to TherapyTribe as wanted and will receive one free month of membership for every referral which subsequently joins TherapyTribe. Take advantage of this offer by having the referred Member enter your first and last name in the “Referral” field during sign-up. To receive a free month of membership, the referred Member must enter your first and last name during their initial sign-up with TherapyTribe.
Members with month-to-month memberships who successfully refer a new Member to TherapyTribe will receive a free month added to their account – giving them the next month free. Members with annual memberships will receive a free month for every successful referral to TherapyTribe following the expiration of their annual membership. If you cancel your membership or no longer have a membership this offer is void and you will forfeit any earned free months.
This Service may include service announcements and/or administrative messages from TherapyTribe. These communications are considered part of TherapyTribe Membership, and the Member will not be able to opt out of receiving them.
Member agrees that TherapyTribe is under no obligation to the Member except to provide the access and services described in Section 2, above.
TherapyTribe makes no representations or warranties of any kind, either expressed or implied with regard to our Website, its content, or its operations. To the fullest extent of the law, TherapyTribe disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Member agrees that TherapyTribe has no liability of any kind whatsoever to the Member or to any individual, group, partnership, or corporation who may use the Service.
B. Assumption of Liability
Member agrees to assume all liability for directory profiles and all other listings published (including information, illustrations, files, images, claims, data, text, software, music, sound, photographs, graphics, video, messages, or other materials) including directory profiles and listings that TherapyTribe has edited (“Content”), and agrees to assume any and all responsibility for claims occurring therefrom against TherapyTribe.
C. Sharing of Personal Information
Member agrees that all personal information entered by the Member and stored by TherapyTribe may be transferred and shared in the event that TherapyTribe should be sold or given to another organization, corporation, or individual.
Member agrees to indemnify, defend, and hold harmless TherapyTribe against any loss or liability resulting from Content, whether the Member’s Content has been edited by TherapyTribe or not, including, but not limited to, any claims by third parties who may use Member’s services.
Member agrees to indemnify, hold harmless, and defend TherapyTribe and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the TherapyTribe website, the placement, posting, or transmission of any messages, information, content, or other materials on or through the TherapyTribe website by Member or users of Member’s account, the editing, altering, or changing of Member’s profile or listing (including text, content, grammar, and spelling changes) made by the TherapyTribe editorial team, or any breach or violation of these Terms of Service by Member or users of Member’s account.
E. Intellectual Property Rights
Member understands that all trademarks and other claims of intellectual property rights, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, the Member, and not TherapyTribe, are entirely responsible for all Content with your account at TherapyTribe, regardless of authorship or origination. TherapyTribe, does not guarantee the accuracy, integrity, or quality of such Content. Member agrees to observe all statutes, ordinances, rules, and regulations with respect to the use of TherapyTribe and the intellectual property rights of all persons who may claim an interest in any Content. Under no circumstances will TherapyTribe be liable in any way for any Content whether or not TherapyTribe originated or any other Service provided by TherapyTribe pursuant to Member’s participation in the Website.
Member agrees TherapyTribe does not claim ownership of Content which you, the Member, submit or make available for inclusion on the Service. Additionally, TherapyTribe does not claim ownership of directory or profile or listing Content that TherapyTribe has edited, altered, or changed. By submitting Content for inclusion on the Service, Member represents to TherapyTribe that with respect to such Content, Member is the owner of all brand names, logos, and trademarks, or the duly authorized representative or licensee of such owner, and will indemnify and save TherapyTribe free and harmless from any liability arising out of the use of such brand names, logos, and trademarks included in such Content.
Member grants TherapyTribe a perpetual, worldwide, irrevocable, royalty-free nonexclusive license to all Member Content posted on the site, including the right to distribute, display, transmit, store, edit, and create derivative works of such Content. Member expressly grants TherapyTribe the right to edit Member’s Content and Member’s profile for any reason, with or without notice, in TherapyTribe’s sole discretion. This includes, without limitation, the right to remove content, the right to revise content, and/or the right to change or post any image on Member’s profile.
F. Member’s Membership Duties, Obligations, and Limitations
Member agrees to provide true, accurate, current, and complete information about themselves and their practice as prompted by the Service’s sign up procedure and to maintain and update the Service’s directory profile and listing data to keep it true, accurate, current, and complete.
Member agrees to choose a username and password as part of the Service’s registration process. Member is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under your password or account or membership. Member agrees to immediately notify TherapyTribe of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session.
Member agrees that TherapyTribe has the right to suspend or terminate your membership and refuse any and all current or future use of the Service for any cause and without prior notice.
Member agrees that TherapyTribe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Member agrees that TherapyTribe shall not be liable to Member or to any third party for any modification, suspension, or discontinuance of the Service.
Member agrees that TherapyTribe reserves the right to modify and alter the profile narrative, text, and other Content that Member has submitted in an effort to reduce spelling and grammar errors, eliminate content duplicated from other websites, improve the overall quality of the narrative, and to increase the number of potential referrals for Members. Member agrees that there is no guarantee that the changes TherapyTribe makes to profile narrative text content will achieve the above-mentioned objectives.
Member agrees that TherapyTribe shall have the right, in its sole discretion, to promote the TherapyTribe Directory through various partnerships, promotional activities, advertising, and through direct use of the TherapyTribe Directory by selected partner websites which TherapyTribe deems useful, effective, and in the interest of TherapyTribe and its Members. Member agrees and understands that through these promotional relationships the Member profile can be displayed and hosted on other third party websites with whom TherapyTribe has a trusted relationship.
Member agrees that the Listing space provided to the Member will not be sublet to others, nor used for other purposes than herein named.
Member agrees that any links to third party sites are provided solely for convenience. Such sites are not under the control of TherapyTribe, and TherapyTribe is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
Member agrees that advertisers and sponsors are not related to TherapyTribe other than by a business relationship. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between Member and such advertiser. Member agrees that TherapyTribe shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, products, or services or as the result of the presence of such advertisers on the Service.
Member agrees that this Terms of Service Agreement is periodically reviewed and updated as needed and that it is the Member’s responsibility to stay abreast of these changes. Member is responsible for comporting their usage of the Services provided by TherapyTribe to the most current Terms of Service Agreement.
G. Electronic Communications
Member consents to receive communications from TherapyTribe electronically. TherapyTribe will communicate with you by email or by posting notices on this Website. Member agrees that all agreements, notices, disclosures, and other communications that TherapyTribe provides to you electronically satisfy any legal requirement that such communications be in writing.
Member agrees to not use the Service to:
- upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- intentionally or unintentionally violate any applicable local, state, national, or international law;
- create a competing website offering the same or substantially similar services to those provide through our Website or Service;
- decompile, disassemble, or reverse engineer our Website, Service, and any related software found herein;
- redistribute our Content in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
I. Miscellaneous Legal Provisions
Member agrees that these Terms of Service, the Membership and placement and publication of information and content on the TherapyTribe website are governed be the laws of the State of California, without regard to its conflict of law principles. Member agrees that the City of Carlsbad, and the Municipality of Carlsbad, in which TherapyTribe is located, shall be the forum for any legal action relating to our Website, Content, Service, and listings placed or published. 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 Terms of Service 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 Terms of Service, this Terms of Service shall take precedence. The failure of TherapyTribe to enforce any provision or right of these Terms of Service will not constitute a waiver of such provision or right.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.