Last Update: [September 5th, 2014]
PLEASE READ THESE TERMS AND CONDITIONS OF USE AS SET OUT BELOW (the “Terms and Conditions”) CAREFULLY BEFORE USING THIS WEB SITE (the “Site”). THESE TERMS AND CONDITIONS GOVERN YOUR ACCESS TO AND USE OF THIS SITE, INCLUDING THE MESSAGES, INFORMATION, DATA, TEXT, SOFTWARE, IMAGES AND OTHER CONTENT THAT MAKE UP THIS SITE (the “Content”, which Content is part of this Site). THESE TERMS AND CONDITIONS EXEMPT Psychotherapy Matters Inc. (“Psychotherapy Matters Inc.”, “we”, or “us”) AND OTHERS FROM LIABILITY AND/OR LIMIT OUR AND THEIR LIABILITY AND CONTAIN OTHER IMPORTANT PROVISIONS THAT APPLY TO YOUR USE OF THIS SITE. Your access to or use of this Site indicates your acceptance of these Terms and Conditions.
- Use of the Site. By using this Site you agree on your own behalf, and on behalf of any organization on whose behalf you may act (collectively referred to herein as “you”), to accept and abide by these Terms and Conditions for each use of and each visit to this Site. If you do not agree to abide by these Terms and Conditions, do not use this Site or the www.psychotherapymatters.com service (the “Service”). You agree to have these Terms and Conditions and any related information made available to you, and to otherwise have communications between you and us occur, electronically.
- Acceptable Conduct. If you breach any provision of these Terms and Conditions, then you may no longer use the Site or the Content. Psychotherapy Matters Inc., in its sole discretion, shall determine whether the Terms and Conditions have been violated.
- Membership and Accounts
Psychotherapy Matters Inc. offers services to providers (“Provider”), who are seeking to be listed in the Psychotherapy Matters Inc. directory under these Terms and Conditions.
(ii) You are responsible for all activity that occurs under your account, including any activity by unauthorized users and the content you create and/or share. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately. You agree to notify Psychotherapy Matters Inc. promptly of any unauthorized use of your password and/or account and you will remain liable for any use of the Service to the extent permitted by law.
(iii) You must not use this Site in any manner that is unlawful (including by accessing this Site from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others. You may also not post any materials or URLs to the Site to web sites that compete with the Site.
(A) Your use and access to the premium version of the Site is contingent upon payment of fees. If you are a subscriber to the premium version of the Site (a “Premium Provider”) you expressly agree to pay to Psychotherapy Matters Inc. the subscription fees indicated for such service at the then-current rates. Please note that prices and charges associated with the Service are set out in Canadian dollars.
(B) Payment must be made using a valid credit card or PayPal account. Valid credit cards include Visa, Master Card and American Express. Psychotherapy Matters Inc. uses PayPal for online payments. Psychotherapy Matters Inc. does not have access to, or use of, your credit card or PayPal account details. Billing through PayPal occurs on a [monthly] basis thereafter unless and until you cancel or we terminate your subscription to the Site.
(C) Subscriptions to the Service can be cancelled anytime. If you choose to cancel your subscription to the Service, you will continue to have access to the Service until the next [monthly] renewal date (“Termination Period”). At this point, your subscription will terminate. If you elect to re-subscribe prior to the expiry of the Termination Period, you will be charged a new subscription fee at the then-current rate on the date of such re-subscription.
(E) You are responsible for and agree to pay promptly, all charges to your account, including applicable taxes on use by you or anyone you allow to use your account and password to access the Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and email address. If your payment information expires, you remain responsible for all uncollected amounts. If you have three (3) failed attempts at collecting payment, we will cancel your subscription to the site.
(v) Account Rights and Responsibilities
(I) As the Provider, you agree that if you elect to send an electronic message to individual users of this Site (“Users”) as a result of this Site, you are responsible for the content of such message and compliance with all applicable law, including anti-spam legislation.
- Limited License
You are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to access, display and view this Site on your computer or mobile device, and to print, download and use the Content on this Site, solely for informational purposes. You may not modify any aspect of this Site. You must include with any display or copy of the Content the copyright notice shown at the bottom of this page. No other activity or use is permitted. Your rights to use the Site are limited to those rights expressly set out in these Terms and Conditions.
All rights not expressly granted by these Terms and Conditions are reserved by Psychotherapy Matters Inc.
You may not, nor may you cause or assist another to:
(a) modify, reverse engineer, decompile, create derivative works from, or disassemble this Site or the Service for any reason whatsoever, including for the purpose of creating competitive products or services;
(b) resell any Content;
(c) include any Content in or with any product that you create or distribute;
(d) copy any Content onto your own or any other web site;
(e) use this Site or the Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site, or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site any computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site’s infrastructure);
(f) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
(g) use this Site for commercial purposes or activities (other than the posting of professional profiles) including without limitation:
(i) selling or offering to sell any goods or services (other than the services offered through Psychotherapy Matters Inc.);
(ii) soliciting for advertisers or sponsors;
(iii) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to any person;
(iv) displaying advertising or sponsorship banners, including those generated by banner or link exchange services; or
(v) sending unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
(h) use this Site in any manner that may dilute or depreciate the name or reputation of Psychotherapy Matters Inc., its Marks (as defined in Section 10 below) or its affiliates or associates; or
(i) interfere with any other persons’ use and enjoyment of this Site or of the Internet generally.
(a) Psychotherapy Matters Inc. makes reasonable efforts to ensure that the Content is accurate at the time it is posted on this Site; however, Psychotherapy Matters Inc. makes no representation or warranty and there are no conditions of any kind regarding this Site or the Content, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content. We are under no obligation to monitor any of the Content posted on the Site by Providers. Any materials we find in our discretion to violate these Terms and Conditions may be removed. You agree that we shall not be held liable for either removing or not removing Content for alleged violations of these Terms and Conditions.
(b) Psychotherapy Matters Inc. makes no representation or warranty and there are no conditions that Content on this Site are appropriate or available for use at any locations outside Ontario. Accessing the Content from locations where the Content are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
(c) You acknowledge and agree that this Site (including without limitation the Content) are provided on an “AS IS” basis and that any use of or reliance on this Site shall be at your sole risk.
(d) Psychotherapy Matters Inc. AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SITE (INCLUDING THE CONTENT). FOR GREATER CERTAINTY, Psychotherapy Matters Inc. DOES NOT WARRANT THAT THIS SITE WILL (i) MEET YOUR REQUIREMENTS, (ii) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (iii) BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT OR COMPLETE, (iv) CONTINUE TO OPERATE, (v) OPERATE WITHOUT INTERRUPTIONS, OR (vi) BE ERROR-FREE.
(e) You are solely responsible for the content of any posting you make to the Site and any consequences arising from such posting. We assume no responsibility for materials posted by our users or any other actions, conduct or omissions of our users. We act as a service provider for users to distribute and publish their materials. We do not undertake responsibility for screening or monitoring our users’ materials.
(f) We are not responsible for the content of any Provider. Each Provider is solely responsible for the content of his or her articles. We do not undertake responsibility for screening or monitoring our Providers’ materials. The opinions and statements expressed by the Providers are their own and are not necessarily endorsed or supported by us.
(g) We do not endorse, and nothing on the Site shall be deemed to be an endorsement, representation or warranty of, any third party (including but not limited to our Providers, their background or experience). We do not make any representations or warranties with regard to any materials posted by our Users or Providers. The information in our directories is provided exclusively by participating professionals and is done solely for your general information. Certain links on the Site may take you to other websites. Psychotherapy Matters Inc. provides these links only as a convenience. Psychotherapy Matters Inc. is not responsible for the content of any such linked pages. Psychotherapy Matters Inc. makes no representation or warranty regarding, and does not endorse or approve, any linked websites, the information appearing thereon or any of the products or services described therein. Should you leave the Site via a link contained herein, and view content that is not provided by or on behalf of Psychotherapy Matters Inc., you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
- Limitation of Liability
(a) YOU AGREE THAT IN NO EVENT WILL Psychotherapy Matters Inc. OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “Psychotherapy Matters Inc. REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE, THE SERVICE OR THE CONTENT FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, THE SERVICE, THE CONTENT OR ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES), EVEN IF Psychotherapy Matters Inc. OR ANY Psychotherapy Matters Inc. REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
(b) YOU ACKNOWLEDGE THAT Psychotherapy Matters Inc. ACTS AS TRUSTEE FOR THE Psychotherapy Matters Inc. REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF A Psychotherapy Matters Inc. REPRESENTATIVE. Psychotherapy Matters Inc. AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH SUCH Psychotherapy Matters Inc. REPRESENTATIVE.
YOU WILL INDEMNIFY AND HOLD Psychotherapy Matters Inc. OR Psychotherapy Matters Inc. REPRESENTATIVES (THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE OR YOUR USE OF THE SERVICE, AND ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU, INCLUDING ANY USE OF THE CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THE TERMS AND CONDITIONS. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE OR MODIFICATION, AND AGREE TO INDEMNIFY AGAINST ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND LAWYERS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH.
- Governing Law and Jurisdiction. You agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
Any dispute between Psychotherapy Matters Inc. and you or any other person arising from, in connection with or relating to this Site, these Terms and Conditions, any transaction through this Site or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.
- Proprietary Rights.
(a) This Site is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Site (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying, redistribution, reproduction or modification of this Site or any of the Content.
(b) Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site, including without limitation “Psychotherapy Matters Inc.”, constitute trade-marks, trade names, trade dress and associated products and services of Psychotherapy Matters Inc. or its affiliates (the “Marks”) or constitute trade-marks, trade names, trade dress and associated products and services of Psychotherapy Matters Inc. suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Site does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of Psychotherapy Matters Inc. or such third party, as applicable, is strictly prohibited.
- Notices. All notices to Psychotherapy Matters Inc. shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer service representatives at <email@example.com>. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your registration. In addition, we may broadcast notices or messages through this Site to inform you of changes to this Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending. Notices received by us after 5 pm or on a non-business day shall be deemed received on the next business day.
- Amendment. Psychotherapy Matters Inc. has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. If Psychotherapy Matters Inc. exercises this right the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to these Terms and Conditions are posted to this Site. It is your responsibility to check these Terms and Conditions each time you access this Site to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of these Terms and Conditions. If any change to these Terms and Conditions is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes. These Terms and Conditions apply exclusively to your use of this Site and do not alter the terms or conditions of any other agreement you may have with Psychotherapy Matters Inc..
(a) If any term or provision of these Terms and Conditions or the application thereof shall be invalid or unenforceable, such term or provision shall be severed from these Terms and Conditions and the remainder of these Terms and Conditions shall be unaffected thereby and each remaining term or provision of these Terms and Conditions shall be valid and be enforced to the fullest extent permitted by law.
(b) These Terms and Conditions (including the Privacy Statement at www.psychotherapymatters.com/privacy) constitute the entire agreement between Psychotherapy Matters Inc. and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between Psychotherapy Matters Inc. and you with respect to this subject matter. In the case of any conflict between the Privacy Statement and these Terms and Conditions, the Privacy Statement, as applicable, shall govern. Where Psychotherapy Matters Inc. provides any products, services, contests or programs that are governed by other terms and conditions, those other terms and conditions shall govern with respect to those specific products, services, contests or programs.
(c) These Terms and Conditions enure to the benefit of and are binding upon each of Psychotherapy Matters Inc. and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign these Terms and Conditions or your rights and obligations under these Terms and Conditions. Psychotherapy Matters Inc. may assign these Terms and Conditions and its rights and obligations under these Terms and Conditions without your consent.