A. Account. “Psychable Account” means an account you created to access and use the Services for your specific purposes.
B. Content. “Content” text, images, graphics, photos, audio, video, articles, scheduling availability, guidance, advertisements, information, and all other forms of data, communication or materials. Content may originate from Psychable, a User (as defined below), or a third party.
C. Parties. “You” and “your” refer to you, a user of the Services. A “User” is someone who accesses, visits, or in any way uses the Services whether or not such person registered for a Psychable Account (defined below). Specifically, a User can be an individual who uses the Services to seek or search for, and book an appointment with practitioners or health care providers (“Seeker”); (ii) an individual who is a licensed, medical provider, including but not limited to therapists, psychologists, doctors or agents or affiliates thereof that use the Services (“Healthcare Provider”); or (iii) an individual who is a non-medical practitioner, including but not limited to healers, retreat centers, or other providers or agents or affiliates thereof that use the Services (“Practitioner”). “Psychable”, “we”, “us” and “our” refer to Psychable, Inc., and its subsidiaries or affiliates.
D. Personal Information. “Personal Information” means, without limitation, your name, mailing address, email address, birthdate, social security number and contact information, medical history and current medical needs, billing information, and other personally identifiable information.
We may change these Terms at any time without prior notice. The updated Terms will be effective as soon as it is posted here. You agree to review these Terms periodically. If we make a material change to the Terms, we will make reasonable efforts to notify you. By continuing to access and/or use the Services after we post the updated Terms, you agree to be bound by the updated Terms, and if you do not agree to the updated Terms, you must stop using and/or accessing the Services. Any disputes under these Terms will be governed by the version of Terms in effect at the time of the first event that gave rise to the dispute. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
The Services provide Content for educational and informational purposes to all Users. While we make reasonable efforts to provide you with accurate Content, we make no guarantees, representations or warranties, whether expressed or implied, with respect to the timeliness, quality, suitability, accuracy, or completeness of any Content, including but not limited to descriptions of professional qualifications, expertise, quality of work, pricing, or other information. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such Content.
A. Practitioner or Healthcare Provider Content. Content related to Practitioners and Healthcare Providers and their practices (“Provider Content”) is intended for general reference and informational purposes only. Provider Content may be provided by the Practitioner or Healthcare Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Practitioner or Healthcare Provider. While we make efforts to confirm Provider Content and keep it updated, it can change frequently and may become out of date, incomplete or inaccurate at any time. Psychable does not provide any advice or certification regarding the qualifications of any particular Practitioner or Healthcare Provider.
You may provide Personal Information, communications, listings, event postings, ratings, reviews, and other content on the Services, if the content is not inaccurate, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights) or otherwise injurious or objectionable to Psychable or others, and does not contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of the content. Psychable reserves the right to remove or edit such content. You agree that any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you on Psychable’s website or relating to the Services are non-confidential and shall become the sole property of Maya and Maya may sublicense, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any media.
Additionally, you may elect to enter certain medical information into the Services by requesting an appointment, post a listing that contains general medical information that is not associated with a particular Healthcare Provider on behalf of yourself or a third party from whom you have authorization to provide such information, or otherwise. If applicable, you can request, and in doing so, authorize Psychable to provide this information to your chosen Healthcare Provider. You acknowledge and agree that such information will be reviewed and approved by you or someone authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that Psychable may collect and use the medical data or information you provide in accordance with our Privacy Policy.
B. Seeker Responsibilities. While it’s free to create a Psychable account, Seekers shall be responsible for their expenses for services provided by a Practitioner or Healthcare Provider, including but not limited to any cancellation or no-show charges. You are responsible for ensuring that all information that you provide to Psychable is accurate and up-to-date, including your payment information, as applicable. In the event of a dispute arising from any transaction hereunder, you shall be responsible for resolving the dispute between you and the applicable Practitioner or Healthcare Provider directly.
C. Practitioner and Healthcare Provider Responsibilities. If you are a Practitioner or Healthcare Provider or other person or entity providing services on the Services, including but not limited to integration support, aftercare support, or mental health services or alternative therapies, regardless of whether you maintain a Psychable Account or whether you schedule or intend to schedule appointments through the Services, you acknowledge and agree that:
D. Disputes Between Users. If there is a dispute between Users arising out of a transaction hereunder, or between Users and any third party, you agree that Psychable is under no obligation to become involved. In the event that you have a dispute with one or more other Users or third party, you release Psychable, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
A. Third Party Materials. Psychable does not review, examine, verify, warrant or endorse any Content, product or service from third parties (collectively, “Third Party Materials”), whether accessible by or through third party websites, apps or service, to which the Services link, display, include or otherwise make available.
Third Party Materials are provided for your convenience only and we are not responsible for them, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these
Third Party Materials. Third Party Materials may be subject to and governed by their own terms of use and privacy policies. Although we attempt to provide accurate and trustworthy Third Party Materials, it is possible that they may contain materials that are objectionable, unlawful, or inaccurate and we will not be responsible or liable for the legality or decency of material contained in or accessed through third party websites, apps or service.
Your interactions with entities and/or individuals found on or through our Services, including payment and delivery of goods or service, and any other terms, conditions, warranties or representations associated with such dealing, are solely between you and such entities and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction in connection with any Third Party Materials.
By using the Services, you hereby release and hold Psychable, including its officers, employees, agents, successors and assigns, harmless from all past, present, and future dispute, claim controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any transactions or dealings in connection with your use of Third Party Materials.
B. Third Party Software. We may incorporate third party software as part of certain of the Services, including without limitation open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider. Where applicable, we may provide additional notices relating to the third party software, such as attribution and disclaimer notices applicable to the third party software.
A. Generally. You may be permitted to use the Services to book an appointment or transact online with a Practitioner or Healthcare Provider. These features may be provided by Psychable’s third party partners and their use may be governed by different or additional terms presented to you as part of the booking or transaction process.
B. Payments and Cancellation. You may be required to provide your payment information to confirm a booking and will be charged applicable fees, including cancellation or no-show fees, in accordance with the transacting Practitioner or Healthcare Provider’s policy provided at the time of booking. You agree that Psychable may facilitate any such payments and charges on behalf of the transacting Practitioner or Healthcare Provider. In connection with such payments, we will process your payment card information in accordance with our Privacy Policy.
You may submit feedback regarding your experiences with a Practitioner, Healthcare Provider, event, or retreat center you find through the Services, submit inquiries concerning possible medical needs, and participate in the other interactive or community features of the Services (collectively, “Posted Information”). You agree to act responsibly when providing Posted Information. Your Posted Information must comply with our Community Standards, as well as any internal policies we may develop and implement from time to time.
Psychable may moderate Posted Information, including but not limited to ratings and reviews, for compliance with the requirements in this paragraph, Psychable does not endorse or confirm the accuracy of any statements made in such Posted Information; Posted Information reflects solely the views or opinions of the author, and not of Psychable. By posting Posted Information through the Services, you agree to and hereby grant, and you represent and warrant that you have the right to grant, to Psychable and its affiliates, agents, and partners an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, incorporate into other works, and otherwise fully exploit such Posted Information. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You may not post Posted Information which is false or fraudulent, or which otherwise does not accurately represent your opinions and experiences. All of the foregoing licenses are subject to our Privacy Policy to the extent they relate to Posted Information that also contains your Personal Information.
You understand and agree that Psychable, in performing the required technical steps to provide the Services to our Users (including you), may need to make changes to your Posted Information to conform and adapt that Posted Information to the technical requirements of connection networks, devices, service, or media, and the foregoing licenses include the rights to do so.
Psychable does not assume liability for Posted Information or for any claims, liabilities, or losses resulting from any Posted Information.
We also welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by using our help center, reaching out to our social networking accounts, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you.
We created Psychable to improve the experience for a Seeker to connect with a suitable Practitioner or Healthcare Provider through a comprehensive online community, and we want your experience with Psychable to be exceptional. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Services, (b) what Content you access, (c) what effect the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for your use or inability to use any Content. We and our partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (Psychable and all such parties together, the “Psychable Parties”) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services, and the Psychable Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We have no special relationship with or fiduciary duty to you.
ALL MATERIALS ON THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE MAKE NO EXPRESS OR IMPLIED WARRANTY OR GUARANTEES OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS OR NEEDS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, PSYCHABLE MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. PSYCHABLE DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED, ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
PSYCHABLE MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER IT IS LEGAL FOR YOU TO ACCESS OR SITE OR USE OUR SERVICES. PSYCHABLE DOES NOT ENCOURAGE ILLEGAL ACTIVITY, INCLUDING BUT NOT LIMITED TO THE ILLEGAL SALE, PURCHASE OR USE OF CONTROLLED SUBSTANCES. USING THE SERVICES FOR ANY SUCH ACTIVITY IS A VIOLATION OF THESE TERMS AND SHALL RESULT IN TERMINATION OF THE PSYCHABLE ACCOUNT OR ACCOUNTS ASSOCIATED WITH SUCH ACTIVITY AND LEGAL ACTIONS AS REQUIRED BY LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR PSYCHABLE ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO CREATE OR MAINTAIN A PSYCHABLE ACCOUNT FOR USE OF THE SERVICES, OR (b) $100; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF THE TRANSACTION PROCESSING SERVICE, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY THEREOF REGARDLESS OF THE FORM OF ACTION EXCEED THE TOTAL AMOUNT OF TRANSACTION PROCESSING FEES, IF ANY, REMITTED TO AND RETAINED BY PSYCHABLE FOR PROVIDING TRANSACTION PROCESSING SERVICES FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL ANY OF THE PSYCHABLE PARTIES BE LIABLE TO YOU, OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICES, OR ANY MATTER BEYOND OUR REASONABLE CONTROL, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify, and hold harmless the Psychable Parties from all liabilities, claims, damages (actual and consequential), demands, and expenses, including reasonable attorney’s fees, that arise from or are related to (a) your use of the Services; (b) the Content you provided; (c) your violation of these Terms (including without limitation these Terms and the Community Standards); (d) the violation of any intellectual property or other right of any person or entity; or (e) by any person using your Psychable Account without authorization or other misuse of the Services. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
We hope that we can work out any disagreements you may have with Psychable. If there is a dispute that needs to be further resolved, that process will take place according to this section. Please read the following ARBITRATION AGREEMENT carefully, because it requires you to arbitrate certain disputes and claims with Psychable and limits the manner in which you can seek relief from Psychable. Both you and Psychable acknowledge and agree that for the purpose of any dispute arising out of relating to the subject matter of these Terms, Psychable’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary hereof.
A. Arbitration Rules; Applicability of Arbitration Terms. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Los Angeles County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
A. Arbitration Rules; Applicability of Arbitration Terms. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Los Angeles County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
C. Small Claims Court; Infringement. Either you or Psychable may assert claims, if they qualify, in small claims court in Los Angeles County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
G. Exclusive Venue. If you send the opt-out notice pursuant to Section 17.F, and/or in any circumstances where the foregoing arbitration agreement permits either you or Psychable to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Psychable agree that any judicial proceeding, other than small claims actions, will be brought in the state or federal courts located in, respectively, Los Angeles County, California, or the federal district in which that county falls.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Section will be null and void. This arbitration agreement will survive the termination of your relationship with Psychable.
