TERMS OF SERVICE
PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OUR WEBSITE OR UPLOADING ANY CONTENT
This Site and its content is not intended for use by anyone under the age of 13.
All Providers on the site must be 18 years of age or older and remain responsible for all of their actions on the site or any actions taken by any other entities using their account.
Terms in this agreement may be superseded by later Terms to be found on the Site or communicated to you by us or one of our designees.
Through our Services, Site, and Software, we enable users to connect with independent Providers who provide live and recorded instruction, consulting, therapeutic, and other learning services through online Content or professional services in person. The Services we offer to Providers include, without limitation, facilitating and hosting Content and listing professional services offered by Providers. If you are featured on our Site, please be aware that we make no fundamental endorsement of any claims made by you or practices engaged in by you. The Site is not intended to be a substitute for medical, psychological, or other professional advice. Any such advice rendered by you or other Providers shall be the sole responsibility of the Provider rendering it or failing to render it. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. Under no circumstances will we be liable for any loss or damage caused by others’ reliance on information, advice, or directives that you might offer or decline to offer to them. The Providers maintain sole responsibility for the statements, actions, omissions, and commissions in which you or they might engage.
As a part of our operation of the Site, we will periodically remove Content that we find to be problematic and Professionals that we find to be misrepresenting their credentials; such actions taken to better the Site should not be misconstrued as endorsements of either the competency of other Professionals listed on the Site or the fitness of Content contained on the site for any particular purposes. By your use of the Site, you agree that you have no right of appeal should your Content or profile be removed by such an action on our part and that you are in no way entitled to any damages of any kind as a result of such an action.
It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content you make available through the Site. Any actions or inactions users might elect to take as a result of Content on this Site shall be their own responsibility or the Provider’s responsibility as applicable. You agree that under no circumstances or theories of liability shall you hold either us or any of our employees liable for harms material, psychological, or otherwise that might result from such actions or inactions. Further, in the event of any legal action against any Provider listed on the Site (including yourself), you agree to hold harmless Therapy.Live, The Live Network Inc., and all officers and employees.
4. Providers’ Fees and Taxes
For users, joining the Site and browsing published Content may be free. Providers will be able determine a fee for specific premium Content which they create. The Company may also determine pricing parameters for specified content. The Company may charge a commission and/or transaction fee for completed purchases of your premium Content by users.
We may choose to temporarily change the fees for our Services, and such changes are effective when you consent through declining to remove said Content. Unless otherwise stated, all fees and payments are quoted in U.S. Dollars.
You are responsible for paying all fees and applicable taxes associated with the Site or on any revenue generated by you from pay Content or other revenue streams.
5. Employment Status
Nothing in this agreement should be construed to be an offer of current or ongoing employment.
6. Professional Responsibilities
While the Company (at our discretion) may modify or remove content to comply with existing laws or regulations, the final responsibility for legal and professional compliance rests with the Providers and/or the regulatory bodies that license, credential, or otherwise make possible their practice. By your use of the Site, you agree that you understand this and that you take full responsibility for your actions on the Site.
Further, we may (at our discretion) modify or remove Content, posts, or profiles that we consider to be unprofessional in demeanor or incompatible with the aims of the Site or Company. Our either doing so or not doing so should neither be construed to be the practice psychology, medicine, law, or any other profession nor be considered a fundamental endorsement or censure of any person, practice, claim, or advice.
7. Acceptable Use
You may only use a URL name or professional name that is directly relevant to you or your practice. You may not use profane, obscene, or similar potentially objectionable words within your URL or professional name. You may not use any name that infringes on the intellectual property, trademarks, or other similar marks of any other entity. You may not use the names of nations, states, provinces, cities, or municipalities. You may not use the names of schools, charities, corporations, or entities with which you are unaffiliated. You may not use overly generic terms such as (but not limited to): therapy, therapist, psychology, psychologist, treatment, counseling, etc. for your URL or professional name (example: Therapy.Live/Therapist is too generic while Therapy.Live/TherapistJane would be acceptable). We may, at our discretion, make these names available to certain entities (such as but not limited to state mental health agencies, school counseling centers, etc.). In any case, our determination about the appropriateness or inappropriateness of a name is final. While we may, at our sole discretion, work with you to find a more appropriate URL or professional name, you acknowledge that there is no right of appeal and that any such measures are solely done as a part of our desire to make the Site experience more enjoyable for both users and Providers.
If you are a duly licensed and/or credentialed Provider, you are of course free to engage in the practice of your discipline within your scope of acceptable and accepted practice. You acknowledge that any actions you take that might result in claims of malpractice being brought against you are your own responsibility and that Therapy.Live, The Live Network, our employees, and officers will be held harmless. You understand that this applies to any actions we might take with regard to distribution of Content shared by you, the removal or editing of Content shared by you, or the non-removal or lack of editing of Content shared by you.
You agree that you will not misrepresent your credentials, the effectiveness of certain techniques potentially employed by you or others, or your general physical location. You agree that you will only practice within the ethical and legal scope of practice allowed by the relevant laws, governing bodies, and professional boards responsible for overseeing your practice. If we find out that any violation of these rules has occurred or have reason to believe that any such violation may be occurring, we may ban you for life from the Site and all of its associated services. You agree that our sole determination in this matter is final and binding.
8. Intellectual Property
You will retain the rights to the Content that you produce and upload to the Site. By uploading any Content to the Site, you warrant that you are the copyright holder or have express, written, permission from the copyright holder to share said Content in a manner consistent with the aims and practices of the Site. We reserve the right to remove content if we have any concerns about the copyright status.
By uploading your Content, you hereby grant Therapy.Live/The Live Network a limited, non-exclusive, transferable license to publish, or cause to be published, the Content in the course of our business of providing the Service. Providers shall remain responsible for all royalty or other compensation or fees due to the authors or owners of the Content.
If at any time a Provider wishes to no longer make certain Content available, they should remove it. We will assume that a Provider still wishes to make Content available until such time as they, their estate, or the copyright holder removes the Content or informs us in writing of their express wish to have the content removed. Cancelation or nonrenewal of a subscription shall not be considered a request for removal of content.
If a Provider elects to make Content available for free, we reserve the right to show or include advertising along with the Content.
In no case will we be liable for any harms that a Provider causes by infringing on the intellectual property right of another party. As a Provider, you acknowledge that any copyright violations you commit or allegedly commit shall be your own responsibility and you will hold us harmless in any and all such matters.
9. Distribution Share and Payment
In the event that you produce paid Content for the Site, you will be entitled to a share of the revenue earned from users paying for that content while your account is active and in good standing. The distribution share is currently 70% for the basic professional package. These shares are subject to change and adjustment by us.
Payouts to Providers will be made after January 1, 2017 when a provider has accrued at least $50 in revenue share. Providers with revenue share greater than $0.00 but less than $50 shall have their account credit maintained until such time as they have at least $50.
Providers will be responsible for all relevant taxes, fees, and other similar responsibilities.
10. Cancelations and Refunds
Special one-time offers (such as prelaunch and launch discounts), monthly subscriptions, and any subscription that is billed on a monthly basis may be cancelled at any time but are not eligible for a refund. For initial purchases of subscriptions longer than one month where the entire subscription amount is billed at one time, you may cancel during the first (5) five business days and receive a full refund. If you cancel your subscription but are not eligible for a refund, you will retain access to the Site until your subscription expires. Cancellations may be made by email via contacting Billing@Therapy.Live or by logging into your account page on the Site and following the cancellation instructions there. Your cancellation must be received by end of business (5:00 p.m. Eastern Time) on the appropriate day as described above. All refunds will be given to the original credit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.
11. Free Trial
If you receive a free trial (“Trial”) to evaluate our services. You will have full access to our Site during the Trial. You will NOT be charged if you unsubscribe before your Trial is up. You can cancel at any time by sending an email to Billing@Therapy.Live or by logging into your account page on the Site and following the cancellation instructions there.
After the completion of the Trial, you will be charged the quarterly, monthly or annual subscription fee and will become a subscriber to Therapy.Live until you cancel.
12. Subscription Renewal
After your Trial, your subscription will automatically renew each period until you notify us of your intent to cancel. Your account can be cancelled at any time by sending an email to Billing@Therapy.Live or by logging into your account page on the Site and following the cancellation instructions there.
You agree to indemnify, defend, and hold harmless The Live Network Inc. DBA Therapy Live, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any postings made by you or on your behalf, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. The Live Network Inc. DBA Therapy Live reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Live Network Inc. DBA Therapy Live in asserting any available defenses.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the Provider and The Live Network Inc. DBA Therapy Live with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and The Live Network Inc. DBA Therapy Live with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.