Psychable Terms of Use

Last Updated: April 19, 2021
Introduction

Welcome to Psychable! Your use of this website, www.psychable.com, and related websites, applications and services (collectively, the “Services”) owned and operated by Psychable, Inc., a Delaware Corporation (“Psychable”), is subject to these Terms of Use (the “Terms”) and our Privacy Policy. By accessing or using the Services, you agree to be bound by all the terms and conditions of these Terms, and represent and warrant that you have the right, authority, and capacity to agree to be bound by these Terms. If you do not agree or do not have the right, authority, and capacity to enter into these Terms, then you may not access or use the Services. 

THESE TERMS ARE A LEGAL BINDING AGREEMENT BETWEEN YOU AND PSYCHABLE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AS DETAILED BELOW. 

If you have any questions about these Terms, please contact [email protected].

1. DEFINITIONS
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.
2. CHANGES TO TERMS
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.
3. PSYCHABLE’S SERVICES

Psychable’s Services provide products and services, which include without limitation, scheduling pages, direct communication functionalities, event listings, rating and review functionalities, appointment scheduling technology, including such that may be integrated with third party websites, educational and informational content, and payment processing for schedule appointments on behalf of third parties. We may from time to time add new features to the Services, substitute a new service for one of the existing services, or discontinue or suspend one or any part of the existing services. Under no circumstances will Psychable be liable for any suspension or discontinuation of any of the service or portion thereof, and any use of new service will be governed by these Terms.

The Services help connect Seekers of alternative mental health services with suitable Practitioners and Healthcare Providers. Psychable does not provide, sell, offer to sell, coordinate or solicit sales or any transactions of psychoactive substances, nor does it make any recommendations or endorsements for any type of therapy or intervention. The Services may be limited or not available at all in some places due to local law or other regulatory restrictions. 

You expressly acknowledge and agree that Psychable (i) is a technology company providing certain Services; (ii) does not provide any therapeutic or medical services to individuals; (iii) does not provide, endorse or recommend any therapeutic or medical services, providers, or substances used in connection with such services. Each Practitioner or Healthcare Provider shall solely be responsible for offering its services, which are facilitated through its use of Psychable’s Services, in a legal manner. Psychable shall not be responsible or liable for any services provided to a Seeker by a Practitioner or Healthcare Provider.

4. ACCOUNTS

Portions of the Services can be viewed without a Psychable Account. To receive the full benefit of the Services we offer, including but limited to booking appointments with a Practitioner or Healthcare Provider, receiving appointment-related communications, you must create a Psychable Account and provide certain basic information about yourself. If you do provide us with any information about yourself, you authorize Psychable to use and disclose it as described in our Privacy Policy.

You agree to keep your Psychable Account information accurate, complete, and current. You are responsible for the use of your account and shall keep your login credentials confidential and not let anyone else use it. If you suspect unauthorized activity, please contact us at
[email protected]
or through our help center.

You may deactivate your Psychable Account, and thus terminate your access and use of the Service s, at any time for any reason through the account portal or through our help center. Psychable reserves the right to deactivate your Psychable Account for any reason, including but not limited to a breach of these Terms or a violation of Psychable’s Community Standards. Psychable may, but is not obligated to, reactivate a Psychable Account upon written request to [email protected].

If your Psychable Account is deactivated, then: (a) these Terms will continue to apply and be binding upon you with regard to your prior use of the Services (as well as any subsequent and unauthorized use of the Services), including your indemnification obligations as described herein; and (b) any rights or licenses granted to us under these Terms will survive such termination.

5. LICENSE AND ACCESS

Psychable grants you a limited, non-exclusive, revocable, non-sub-licensable, non-transferable license to use the Services in accordance with these Terms for personal, non-commercial purposes. You may use the Services only as permitted by these Terms and applicable law. All rights not expressly granted in these Terms are reserved and you acknowledge that all intellectual property rights, including without limitation, copyrights, trademarks, trade secrets, patent, and any other rights therein, in the Services are owned by Psychable. You may print, download, and store information from the Services for your own convenience, but you may not copy, distribute, republish, sell, or exploit any of the Content, or exploit the Services in whole or in part, for any commercial gain or purpose whatsoever; use data mining, robots or similar data gathering or extraction tools to gather Content from the Services without explicit permission, or otherwise misuse the Services. Any trademarks, logos, service marks, company or product names displayed through the Services are trademarks of Psychable or third parties, and no right or license is granted to use them. The license to use the Services will terminate if you do not comply with these Terms.

If you are a Practitioner or Healthcare Provider, you agree that your use of the Services may be subject to our verification of your identity and credentials and to your ongoing qualifications as such. You agree that we may use and disclose personal information for such purposes, including but not limited to, making inquiries of third parties concerning your identity, education, and any professional credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to or use of the Services at any time if we are unable at any time to determine or verify your qualifications or credentials.

6. WE DO NOT PROVIDE MEDICAL ADVICE

Psychable is not a healthcare or medical services provider. Content provided by Psychable, including any information that is health or medically related, is for informational, educational, and scheduling and payment purposes only. You expressly acknowledge, agree and understand that any health or medically related statements or content provided on the Services have not been evaluated or approved by the Federal Food and Drug Administration.

WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALING JOURNEY, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE SERVICES ARE NOT FOR EMERGENCY MEDICAL OR MENTAL HEALTH NEEDS. IF YOU EXPERIENCE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE CONTEMPLATING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.

Psychable is not a referral service and does not in any way refer, recommend or endorse any particular Practitioner, Healthcare Provider, entity, therapeutic modality, procedure, opinion, or other information that may appear through the Services. If you rely on any such Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including but not limited to a Healthcare Provider, medical associations relevant to the applicable specialty, clinical studies, and the appropriate licensing or certification authorities to verify listed credentials and education.

7. NO DOCTOR PATIENT RELATIONSHIP

You acknowledge that although some Healthcare Providers and Practitioners may provide Content on the Services, the provision of such Content does not create a licensed medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but the Content is provided to assist you in choosing a Healthcare Provider or Practitioner (if applicable) or to otherwise give general information. This is true whether the Content is provided by or through the use of the Services or through other communications from Psychable, including but not limited to, the search feature to find a Practitioner or Healthcare Provider, direct messages to answer any User questions, Psychable blogs, social media channels, or emails, or links to third party websites, or any other assistance we may provide to help you connect to an appropriate Practitioner or Healthcare Provider for your mental health.

Psychable encourages Practitioners and Healthcare Providers to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Practitioner or Healthcare Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.

8. CONTENT FOR INFORMATIONAL AND EDUCATIONAL PURPOSES
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.

B. Therapies/Products/Service. Therapies, products, services, or psychoactive substances discussed and/or marketed through the Services are not applicable to all individuals, patients or all clinical situations. Any therapy, product, service or psychoactive substance represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

9. CONTENT YOU PROVIDE

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.

10. YOUR RESPONSIBILITIES

A. Your Responsibilities Generally. You are responsible for your use of the Services, including keeping your Psychable Account information accurate, complete and current, and protecting the confidentiality of your Psychable Account credentials. You may only use the Services for lawful purposes; any unlawful use is unauthorized use of the Services. You may not use the Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Services, including, without limitation, Practitioner and Healthcare Provider listings, appointment availability, and price information, if any, for any purpose whatsoever. You must also review and comply with the terms set forth in our Community Standards.

In addition to our rights in these Terms, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms and our Community Standards.

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:
  • You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a Seeker or prospective Seeker;

  • You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation; and

  • You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices (including but not limited to booking fraudulent healthcare appointments), or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
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.
11. THIRD PARTY LINKS AND 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.
12. PAYMENT AND TRANSACTION PROCESSING
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.

C. Transaction Processing. Psychable and/or its payment processing partner may collect from the applicable Practitioner or Healthcare Provider a fair market value processing fee for our billing, collection and payment service performed in connection with a booking or transaction payment (“Transaction Processing Service”). Please note that any payment terms presented to you in the process of using or signing up for a paid service or the Transaction Processing Service are deemed part of these Terms. Practitioners or Healthcare Providers may separately charge you for additional or different products or services.

For any payments charged through Psychable or its payment processing partner, you acknowledge and agree that you will be responsible for the amount of the service charged by the applicable Practitioner or Healthcare Provider and in the event of a dispute concerning fees chargeable or charged, you will resolve such dispute directly with applicable Practitioner or Healthcare Provider. Psychable shall not be responsible for any error by, or other acts or omissions of, the payment processing partner. 

You further acknowledge and agree that neither Psychable nor our payment processing partner will be responsible if either we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to: (i) inaccurate, outdated, or incomplete payment information; (ii) insufficient funds or credit; (iii) no active payment card; (iv) inability to confirm payment card information or your identity; (iv) termination or suspension of your Psychable Account or account with our payment processing partner; (v) reasonable suspension that requested transaction is unauthorized; or (vi) termination or suspension of the Services for an applicable Practitioner or Healthcare Provider.

13. REVIEWS AND RATINGS

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.

14. DISCLAIMER

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.

15. GENERAL LIMITATION OF LIABILITY

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.”

16. TERMINATION

If you’re not using the Services in accordance with these Terms, we reserve the right to terminate, suspend and/or deactivate your Psychable Account immediately, without notice, if there has been a violation of these Terms, our Community Standards, or other policies and terms posted through the Services by you or by someone using your Psychable Account with your authorization. We may also terminate, suspend or deactivate your Psychable Account for any other reason, including inactivity for an extended period. Psychable shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the Services. Further, you agree not to attempt to use the Services after any such termination, suspension or deactivation, except where deactivation is due solely to inactivity, and you are permitted to create another Psychable Account. Account termination may result in destruction of any Content associated with your Psychable Account. These Terms will continue to apply and be binding upon you with regard to your prior use of the Services, as well as any subsequent and unauthorized use of the Services, including Sections 1-7, 10.B, 10.C, 10.D., 11-18, and any other provisions that, by their nature, should survive termination of these Terms shall survive any termination or expiration of these Terms.

Psychable reserves the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms, including without limitation, removing any offending communication or information from the Services, terminating the Psychable Account of such violators, and or blocking your use of the Services.

17. INDEMNIFICATION
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.
18. ARBITRATION AGREEMENT
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.

B. Costs. The Rules will govern payment of all arbitration fees. Psychable shall seek its attorneys’ fees and costs in arbitration if the arbitrator determines that your claim is frivolous and to the extent permitted by law.

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.

D. Waiver of Jury Trial. You and Psychable waive all rights to have a trial in front of a judge or jury. Instead, you and Psychable are choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Psychable over whether to vacate or enforce an arbitration award, you and Psychable waive all rights to a jury trial, and elect instead to have the dispute adjudicated by a bench trial.

E. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Psychable is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (G) below.

F. Opt-out. You may opt out of the provisions of this Section by sending written notice of your decision to opt out to [email protected], postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of the arbitration agreement in these Terms.
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.
19. SEVERABILITY
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.
20. MISCELLANEOUS

A. Electronic Contracting. Your affirmative act of using the Services and/or creating a Psychable Account constitutes your electronic signature to agree to these Terms, which includes our Privacy Policy and Community Standards. These Terms and any other documents to be delivered in connection with the Services may be electronically signed, and any electronic signatures appearing on these Terms or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

B. Copyright Disputes.If you are a copyright owner of an agent thereof, and believe in good faith that a user may be infringing upon your copyrights, you can notify us of such a claim pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. Sec. 512(c), by providing our designated agent with a written notice containing the following:

  • A physical or signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send such DMCA notices to our designated agent to [email protected] or:

Psychable, Inc. Attn:DMCA Designated Agent 206 Overlake Dr. Chapel Hill, 27516-9199

Such notices and counter-notices must meet statutory requirements imposed by the DMCA, so we suggest you consult with a legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA.You acknowledge and are aware that upon receiving a notice for a claim of copyright infringement, we may immediately remove or disable access to the identified materials without liability to you or any other party. We may, in our sole discretion, terminate the Services for any repeat copyright infringers or users who receive repeat claims of copyright infringement.

C. Limitation of Claims. No action arising under or in connection with these Terms, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

D. Severability. In the event any one or more of the provisions of these Terms shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of these Terms shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of these Terms remain in full force and effect and enforceable.

E. Governing Law. Psychable may be accessed from all 50 states and other countries. By accessing and using the Services, you agree that these Terms shall be deemed to have been entered into and shall be construed and enforced in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without giving effect to the state’s conflicts of law statute.

F. Entire Terms; Waiver. These Terms and any supplemental terms, policies, rules and guidelines posted through the Services, each of which are incorporated herein by reference, including the Privacy Policy and the Community Standards, constitute the entire agreement between you and us and supersede all previous written or oral agreements. To the extent that anything in or associated with the Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

G. Headings. The headings of the sections of these Terms are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of these Terms or any terms or conditions therein.

H. Assignment. We may assign these Terms at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our business or any assets to another entity. You may not assign, transfer or sublicense these Terms to anyone else and any attempt to do so in violation of this section shall be null and void.

I. Eligibility. You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create a Psychable Account or use the Services on your own. Those under the age of 13 may not use the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Services only under the supervision of your parent or guardian who has agreed to these Terms. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in these Terms to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into these Terms and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.

If you do not qualify under these Terms, you may not use the Services. Use of the Services is void where prohibited by applicable law, and the right to access the Services is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms. The Services are administered in the U.S. and intended primarily for U.S. users only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the Services.