Terms and Conditions Agreement
myTHERAPYnet, Inc. welcomes you to the premier mental health and therapy related website. We agree to introduce you to online therapy, counseling and life coaching services, both through our e-mmediate Care center and our Therapist Gallery, and to introduce you other information on the site. On-line therapy, counseling and life coaching services are not intended as a substitute for medical evaluation, treatment or consultation.
myTHERAPYnet.com agrees to make a reasonable effort to maintain an informative, useful, and safe website for the benefit of the general public. We ask that you carefully review these Terms and Conditions, and that you read and signal (either click on the “Accept” button or the “Decline” button located at the end of this document) that you understand and agree with the Terms and Conditions detailed within this document.
Please note that you are referred to as “User” in this Agreement. The term “Provider” includes myTHERAPYnet, Inc. and its officers, directors, employees, assigns, agents, and successors. The term “mental health professional” is used in this Agreement (Terms and Conditions) and on the Site to refer to a variety of mental health professionals including, but not limited to, psychiatrists, psychologists, marriage and family therapists, licensed clinical social workers, and mental health counselors.
Services and Conditions of Use
myTHERAPYnet.com (the “Provider”) agrees to provide a Site with general information, the ability to access mental health professionals and their services, interesting surveys and quizzes, and opportunities to shop for items of interest to you. All of the services provided are subject to the terms of this Agreement. Provider reserves the right to modify this Agreement at any time by providing notice through the Site. You hereby agree that, at all times that you use the Site, you will abide by the Terms and Conditions set forth herein. To use the Site, User must agree to all of the Terms and Conditions set forth in this Agreement. Read this Agreement carefully. Do not use the Site unless you have read and agree to abide by the terms and conditions set forth herein.
The content on the Site is provided for general information purposes only and is not intended in any way to be a substitute for face-to-face professional advice or treatment. Persons seeking such advice or treatment should consult with a licensed mental health professional. The content offered on the Site should not be relied upon for the diagnosis or treatment of a mental or medical condition. Do not disregard professional advice or delay in seeking professional advice as a result of something you have read on the Site. Individuals with URGENT MEDICAL PROBLEMS should immediately seek advice and treatment from a physician.
IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911, NOTIFY THE POLICE OR CONTACT EMERGENCY MEDICAL SERVICES.
User’s reliance on any information provided on the Site is solely at the risk of the User. myTHERAPYnet.com does not endorse and does not recommend any information, material, product, quiz, survey, test, procedure or opinion that may be posted or referred to on the Site. Opinions expressed on the Site are solely the opinions of the authors of such material posted or appearing on the Site. Provider does not assume any liability or responsibility for the accuracy of the content of any material provided on the Site. Provider does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or material of any nature provided on the Site. Provider reserves the right, at any time, to modify or to stop providing any component or feature of the Site.
All mental health professionals who practice therapy on the Site are required to provide proof of licensure or certification and liability insurance to My Therapy Net, Inc. before being granted the right to use the website and technology to conduct their private practice.
Payment for Services and Cancellation Policy
User will agree to a fee for services set by the online therapist, counselor and/or life coach. Payment is made through the myTHERAPYnet.com website. You agree that you own the credit card you are using, or have the permission of the credit card holder to do so. If you pay for a session in advance but then need to cancel, and do so 24-hours prior to your session, you can either transfer that sum to a future session or you can receive a refund. If you cancel a session in less than 24-hours before the session, you forfeit that sum.
User Rules for the Site
By using the Site, you agree that you will not undertake any of the following actions:
Use the Site for any purpose which would violate any local, state, federal or international law;
Engage in any other conduct which, in the opinion of Provider, inhibits or restricts others from using and enjoying the service;
Impersonate another person;
With or without warning, Provider, in its sole discretion, may terminate User’s account when these Rules and/or Terms and Conditions are violated. Provider will also make every effort to remove material or postings on the Site that are in violation of the Rules or the Terms and Conditions. Users who violate the above Rules or Terms and Conditions of the Site may receive a warning from Provider stating that User has committed a violation and that further violations may result in the termination of User’s account.
If you use the interactive areas found on the Site, you are solely responsible for your communications and the consequences of posting those communications. MyTHERAPYnet.com does not assume any liability or responsibility for the content or consequences of such communications. If you feel threatened or believe that you or someone else may be in danger, contact your local law enforcement agency immediately.
User should assume that any material, information, software, or any other content on the Site is protected by copyright. User may not copy, reproduce, retransmit, distribute, publish, use for any commercial purpose, or otherwise transfer any copyrighted material. User may download a single copy of the material from the Site, and that single copy is solely for User’s personal use. User does not acquire any ownership rights by downloading copyrighted material.
User is solely responsible for compliance with any copyright, trademark, or other proprietary right, which may apply, to any material of any nature found on the Site.
Limitation of Liability and Warranties
THE SITE AND ALL CONTENT AND MATERIALS ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS. USER AGREES TO USE THE SITE SOLELY AT USER’S OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, PROVIDER DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES RELATING TO THE QUALITY, ACCURACY, OR CONTENT OF ANY AND ALL MATERIAL, INFORMATION, PRODUCTS, OR SERVICES POSTED ON OR ACCESSED THROUGH THE SITE, AS WELL AS ANY WARRANTIES OF TITLE OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Provider is not liable for the conduct of other Users or third parties and the risk of injury from the foregoing rests entirely with User.
Provider is not liable for damages of any nature including, without limitation, direct, indirect, incidental, consequential, or special damages arising out of User’s use of the Site or inability to access or use the Site or out of any breach of any warranty.
Interactions with Mental Health Professionals
If you choose to interact with a mental health professional on the Site, your relationship is strictly with the mental health professional, and Provider is not involved in any way with that relationship. myTHERAPYnet.com is acting as a “virtual” landlord (leasor) who simply leases space and services to those desiring to conduct their practices at or on this site. Provider does not endorse or recommend any mental health professional on the Site. Provider advises and encourages User to check the certification and/or licensing of the mental health professional with the applicable state regulatory Board or authority.
User acknowledges that the mental health professionals on the Site are not employees or agents of Provider and Provider assumes no responsibility for any act or omission of any mental health professional. User understands and agrees that, although a mental health professional may have been accessed through the Site, Provider cannot predict or assess a mental health professional’s competence and appropriateness for User’s needs. User also understands that User takes full responsibility for the decision to access a mental health professional through the Site and to continue to interact with the mental health professional, and that the role of Provider is strictly limited to providing access to mental health professionals and their services for User’s consideration.
Counseling/therapy, whether occurring face- to-face in a therapist’s office or online, may have both benefits and risks. Risks sometimes include experiencing uncomfortable feelings such as, but not limited to, sadness, guilt, anxiety, anger and frustration. Unpleasant aspects of User’s life may be discussed, and this can cause discomfort. On the other hand, therapy can lead to a reduction in feelings of distress, can result in more effective functioning, both individually and within relationships, and can resolve or minimize specific problems.
The success of therapy depends upon a variety of factors, not the least of which is the professional relationship and the “chemistry” between User and therapist or counselor. No therapist can or should offer a guaranty of a cure for a particular problem. It sometimes will be necessary for a therapist to refer User to another therapist if he/she determines that User is not sufficiently benefiting from the therapy. User, of course, can change his or her therapist or counselor at any time and for any reason. Testimonials on this site or the newsletters published by myTHERAPYnet.com should not be considered general to all therapists, counselors, life coaches and clients.
While online therapy, counseling or coaching offer a variety of advantages to the consumer, they also have some limitations. One of the advantages that online therapy offers is the ease of access. Clients can access therapists from the privacy of their homes or from other locations. Also, there is no need to travel to the therapist’s office, or to travel back to one’s home or office. In other words, one’s valuable time can be used efficiently. People who live in rural areas can more easily access therapy. Those who are disabled or for a variety of reasons may not want to visit a therapist’s office (e.g., privacy concerns) can interact with a therapist more easily. Since access is enhanced, those who need help may now get the help they might have otherwise missed.
On-line therapy also has its limitations. For instance, face- to- face interaction between a therapist and client allows the therapist to observe the client’s dress, demeanor, facial expressions and other nonverbal cues, which can help in the assessment, diagnosis and treatment of the client. In online therapy, therapists can lose the auditory and visual feedback from their clients that might otherwise cue the therapist regarding a potential miscommunication.
Provider agrees to provide a secure site where confidentiality is protected. This will be done using state-of-the-art technology. While these reasonable efforts are made to protect confidentiality, online therapy presents risks to confidentiality that are not typically present in face-to-face therapy. For instance, the possibility that others at the client’s home or other location may have access to records of client/therapist communications cannot be ignored. myTHERAPYnet.com utilizes SSL encryption for security and therapist/client communications are not stored in by the Company’s servers.
Another limitation regarding online therapy is that insurance companies or HMOs are not likely to reimburse or authorize mental health treatment delivered online. While this may change in time, User should not expect coverage for online therapy at the present time unless the health plan in question has indicated in writing that such coverage is available. It is important to understand that not all problems and conditions are suited for online therapy and that referrals may be made to other practitioners or facilities for in-person treatment when the User’s therapist deems it to be appropriate. This may occur after the initial assessment or after it becomes apparent to Therapist or User that more intensive treatment may be warranted.
The therapist should provide User with further disclosures that may be required by the law in the state in which he/she practices. Even if there exists no law requiring specific disclosures, it is important that User be informed of basic information relating to his/her therapist and to the nature of his/her practices. For instance, User’s therapist should disclose the fee to be charged, the exceptions to confidentiality that may exist, his/her availability and what to do in case of an emergency, and whether or not he/she will work with minors. The therapist may also disclose or User may request that he/she disclose, information relating to his/her education, training, experience and theoretical orientation.
With respect to exceptions to confidentiality, for instance, therapists are generally required to report suspected child abuse or neglect. Some states require the reporting of suspected elder abuse or dependent adult abuse. Additionally, User’s Therapist will likely be permitted or required to break confidentiality when User is in such mental or emotional condition as to be a danger to himself or herself or to others. User should check with his/her Therapist or counselor as to the specific limitations to confidentiality that exist in their state.
Links to Other Sites
The Site contains links to other websites, sometimes called “third party” websites. Provider is not responsible for the content of linked third party sites and does not make any representation, warranty, or endorsement with respect to any content or material or the accuracy of any content or material on such third party websites.
The Site contains advertisements by third parties. The advertisements may contain links to other websites. Provider does not make any representation, warranty, or endorsement of any product or the content or accuracy of any materials contained in, or linked to, any advertisement on the Site.
Servicemarks and Trademarks
myTHERAPYnet.com and myTHERAPYnet.com logos are servicemarks of myTHERAPYnet.com. All other servicemarks and trademarks appearing on the Site belong to their respective owners.
Provider may give notice to Users by means of a general notice on the Site. User may give notice to Provider by the following means:
electronic mail to info@myTHERAPYnet.com; or
letter telecopied to Provider at the following fax number: (818) 961-0210
Such notice shall be deemed given when received by provider (at any time).
User agrees to indemnify and hold harmless Provider from any liability, cause of action, claims and expenses, including reasonable attorney’s fees and court costs, related to a violation of this Terms and Conditions Agreement and as a result of any information, material, or content placed on the Site by User.
User hereby releases and agrees to hold harmless and indemnify myTHERAPYnet.com, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all liability or causes of action and claims of any nature resulting from the acts of mental health professionals accessed through the Site.
This Terms and Conditions Agreement set forth herein shall be construed under and governed by the laws of the State of California, and any dispute arising from this Agreement or a breach of this Agreement shall be governed by the laws of the State of California.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any and all other agreements, communication (written or oral) between Provider and User. Provider may amend this Agreement or impose new conditions at any time by notice from Provider to User as published through the Site. Any use of the Site by User after such notice shall be deemed to constitute acceptance by User of such amendments, modifications, or new conditions.
It is understood and agreed that if any part, term, or provision of this Agreement is held by a court to be unenforceable, unlawful or in conflict with any law of the State of California, the validity of the remaining terms of this Agreement shall not be altered, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the part, term, or provision held invalid.