Therapy Provider Terms of Use

Last Updated: Jan 1, 2021

Introduction

These Terms of Use are entered into by and between you (also referred to as “your” or “Therapist”) and TherapyDen, LLC. (“TherapyDen”, also referred to as “we”, “us”, or “our”).

For Therapists, TherapyDen provides an online mental health directory and networking platform (the "Directory Service"). The Directory Service is made available via therapyden.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.

The terms and conditions contained in this document and expressly incorporated by reference herein (collectively, the ''Provider Terms of Use''), govern your access to and use of this Site, including any and all information, text, graphics, photos, functionality, services, or other materials created by TherapyDen or obtained 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 Provider Terms 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 https://www.therapyden.com/privacy-policy, 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 this Site for the Directory Service.

BY ACCESSING OR USING THE SITE, THE SERVICES, OR CONTENT, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS AND YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT USE OR ACCESS THE SITE.

Therapist Eligibility

The Directory Service made available through this Site is solely offered and made available to Therapists who (1) agree to be bound by these Provider Terms of Use, (2) are 18 years of age or older, (3) are authorized to work in United States of America and have a professional license or permit to provide therapy services in the state in which the Therapist is providing services, and (4) are eligible to register for an account through our Site with our Directory Service. Access to the Site, the Directory Service, or the Content may be prohibited or restricted in countries or territories outside of the United States of America and any such access from outside the United States shall 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 OF USE, (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.

Your Online Account

If you decide to establish a Therapist account via the Directory Service, you will be asked to affirmatively consent to these Provider Terms of Use and our Privacy Policy and set up account access credentials unique to you. By establishing a Therapist account with the Directory Service, you agree to (i) maintain the confidentiality and security of your username and password as well as any Content or information you obtain through your access to the Site, including from Consumers, other Therapists, or us, (ii) promptly update any information you provide to us in connection with your account and keep it accurate, current, and complete, (iii) promptly cancel your account with this Site if your professional license or permit to provide therapy services is revoked, suspended or modified in any way, and (iv) accept full responsibility and liability for all use of your account and for any actions through your account.

You are responsible for all activities occurring under your account and for keeping your username, password, and any other account information confidential. Therefore, you should not provide any of your account credentials to anyone else. If you suspect someone is accessing or using your account without your permission, or if you need to change your password or verify your account information, please notify us immediately by contacting us by email at [email protected] or by visiting your account settings through the Site.

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 username and account and/or your access to the Site (or any part thereof). When applicable, we will post a notice of any material changes to our Provider Terms of Use here, so it is your responsibility to review these terms regularly. TherapyDen will not provide 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.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion you have violated any provision of these Provider Terms of Use.

Acceptable Use

This Site, the Services, and the Content are offered for informational purposes only. TherapyDen 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 the Site 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 the Directory Service is conditioned upon the truthfulness of the information in your Therapist profile and all other information you submit to TherapyDen.

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 or in any manner that contravenes these Provider Terms of Use. You are solely responsible and liable for any Content or other information or material you upload, post, share, or transmit through or on the Directory Service.

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 any way 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;
  • uploading 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 THERAPYDEN ARISING FROM OR RELATED TO YOUR USE OF THE SITE AND WILL INDEMNIFY THERAPYDEN FROM ALL LOSSES AND LIABILITIES RESULTING FROM YOUR USE OF THE SITE 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 THERAPYDEN OR LAW ENFORCEMENT AUTHORITIES.

Therapists

Therapists advertised or identified through the Directory Service are not employees of TherapyDen. As a Therapist featured in the Directory Service, you have no employment relationship with us. All Therapists listed in our directory are independent contractors of their own professional services. TherapyDen 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.

TherapyDen 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 the Services is strictly between you and them. TherapyDen is not involved in monitoring, validating, controlling, or participating in that relationship in any way whatsoever.

Therapist Communications

We do not store or review any communications that you receive from Consumers or other Therapists via our Site. We cannot guarantee that anyone you contact via the Site or the Directory Service will respond to you within a certain period of time or at all.

Therapist Content and Submissions

The information you submit to TherapyDen is governed by our Privacy Policy. To the extent that there is an inconsistency between these Provider Terms of Use and our Privacy Policy, these Provider Terms of Use shall govern.

The Site contains functionality and features, including Therapist profiles, blogs, 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 to create and maintain their online profile on the Site, and to post or upload Content, including Media, to our blog and other Public Areas of the Site ("Therapist Content"). You agree that you will not post, upload, or transmit any communications or Therapist Content of any type to 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. TherapyDen may remove or choose not to publish information you posted that does not meet TherapyDen’s values or standards.

Any Content created, submitted, or approved by a Therapist for use on his or her profile or blog posting remains the property of the Therapist. The Site remains the property of TherapyDen. By uploading any Media to the Site, you grant TherapyDen 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 post or upload Media on this Site 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 TherapyDen 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 THERAPYDEN 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.

Termination

TherapyDen may suspend or terminate your access to the Directory Service at any time, for any reason, or for no reason at all. TherapyDen 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 TherapyDen. TherapyDen reserves the right to change, suspend, or discontinue all or part of the Services, temporarily or permanently, without prior notice.

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 Oregon, without regard to its choice of laws principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. 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 Multnomah County, Oregon, and you hereby submit to the personal jurisdiction of such courts.

Entire Agreement

These Provider Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and TherapyDen relating to your use of this Site and shall supersede any other agreement between you and TherapyDen 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 TherapyDen to assert a right or provision under these Provider Terms of Use shall not constitute a waiver of such right or provision.

General

TherapyDen reserves the right to revise these Provider Terms of Use from time to time in the sole discretion of TherapyDen, without notice to you. By continuing to access the Site or use our Directory Service after those revisions become effective, you agree to be bound by the Provider Terms of Use as revised. Notices required to be given to you by TherapyDen may be delivered by electronic mail to the address provided during the creation of your Therapist account.

‍Contact Information

All feedback, comments, requests for technical support and other communications relating to the Site should be directed to:

TherapyDen 
811 E. Burnside St. #217
Portland, OR 97214
[email protected]