Terms of Service and Use Agreement
Marriagecounselingtherapynetwork.com Service and Use Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
This web page represents a legal document and is the Terms of Service and Use Agreement ("Agreement") for our website, Marriagecounselingtherapynetwork.com ("Website"), as owned and operated by Five star counseing services, Inc. It was last updated on Thursday September 20th, 2012 at 06:00AM. By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
"Marriagecounselingtherapynetwork.com" and the "Marriagecounselingtherapynetwork.com Therapist Directory" is an interactive on-line service operated by Five star counseling services, Inc. "Client" means each person who accesses marriagecounselingtherapynetwork.com for access to and use of marriagecounselingtherapynetwork.com information OR establishes a connection ("Account") for use of its services.
(A) Marriagecounselingtherapynetwork.com is not intended to be a substitute for professional advice, diagnosis, treatment, medical treatment, psychotherapy, counseling, or mental health services. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding any mental health symptom or medical condition. Never disregard professional psychological or medical advice or delay in seeking it because of something you have read on marriagecounselingtherapynetwork.com.
(B) Marriagecounselingtherapynetwork.com does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on marriagecounselingtherapynetwork.com. Reliance on any information provided by marriagecounselingtherapynetwork.com, marriagecounselingtherapynetwork.com employees, others appearing on marriagecounselingtherapynetwork.com at the invitation of marriagecounselingtherapynetwork.com, or other visitors to marriagecounselingtherapynetwork.com is solely at your own risk.
(C) Five star counseling services, Inc. provides the Marriagecounselingtherapynetwork.com Therapist Directory as a public service for those interested in working with mental health care providers (therapists, counselors, marriage and family therapists, social workers, psychologists, psychiatrists, nurse practitioners, etc.).
(D) Five star counseling services, Inc. cannot and does not provide any warranties related to the information contained in or resulting services from any of the mental health care providers (therapists, counselors, psychologists, social-workers, marriage and family therapists, and other health providers) listed in the Marriagecounselingtherapynetwork.com Therapist Directory. Information accessed through the Marriagecounselingtherapynetwork.com Therapist Directory is provided "AS IS" and without any warranty, either expressed or implied, including, but not limited to, any implied warranty of merchantability or fitness.
(E) Five star counseling services, Inc. does not examine, determine, or warrant the competence of any mental health care provider listed in the Marriagecounselingtherapynetwork.com Therapist Directory. Five star counseling services, Inc. does not warrant that the mental health care providers listed in the Marriagecounselingtherapynetwork.com Therapist Directory are currently or properly licensed. Under no circumstances should the Marriagecounselingtherapynetwork.com Therapist Directory be used to verify the credentials of mental health care providers. Please contact your State Professional Licensing Board to verify the licensure of a provider. Use of the Marriagecounselingtherapynetwork.com Therapist Directory to locate, contact, or receive services from a mental health care provider is wholly voluntary and will not result in any liability against Five star counseling services, Inc. In no event shall Five star counseling services, Inc. be liable for damages to any user of the Marriagecounselingtherapynetwork.com Therapist Directory.
(F) Clients to Marriagecounselingtherapynetwork.com who submit questions via “Dear Marriagecounselingtherapynetwork.com” or the “Ask a Question” form acknowledge that their questions may be published on Marriagecounselingtherapynetwork.com and made public at the discretion of Five star counseling services, Inc. By submitting content through the form, clients give their consent to publish the submitted content. Clients understand that it is their responsibility to exclude any identifying information from their submission, even though Five star counseling services, Inc. will make every effort to remove identifying information. Clients who submit questions understand that not all submissions will be responded to and, those that are, generally take 1-2 weeks to publish.
(G) The Credential Verification Seal, found on the profile page of some therapists listed in the Marriagecounselingtherapynetwork.com Therapist Directory, indicates that a particular therapist, if he or she is in a jurisdiction that requires licensure in order to practice, has had their state license confirmed as active with their State Licensing Board. In jurisdictions which do not require licensure in order to practice, the Credential Verification Seal indicates that educational requirements have been met.
Credential Verification is voluntary, meaning that a member without the Credential Verification Seal is not necessarily unlicensed. The Credential Verification Seal does not indicate that the therapist is licensed in every state, province, or country they are practicing in; instead it signifies that the therapist has an active license in the state in which their license was granted. All therapists in the Marriagecounselingtherapynetwork.com Therapist Directory with the Verified Credential Seal are asked to reapply for verification annually in September. If a therapist in the Marriagecounselingtherapynetwork.com Therapist Directory does not reapply by the deadline or if their license cannot be confirmed, the Credential Verification Seal is removed.
Because of the potential for human error, please be aware that the Credential Verification Seal cannot serve as a guaranteed indication that a particular therapist listed in the Marriagecounselingtherapynetwork.com Therapist Directory is currently or properly licensed. Thus, Five star counseling services, Inc. does not warrant that the mental health care providers listed in this Therapist Directory are currently or properly licensed. Under no circumstances should this Therapist Directory be used to verify the credentials of mental health care providers. Please contact your State Professional Licensing Board to verify the licensure of a provider. Furthermore, Five star counseling services, Inc. does not examine, determine, or warrant the competence of any mental health care provider listed in this Directory.
(H) Five star counseling services, Inc. shall have the right at any time to change or discontinue any aspect or feature of Marriagecounselingtherapynetwork.com Therapist Directory, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(I) Clients who contact a Marriagecounselingtherapynetwork.com member through the Marriagecounselingtherapynetwork.com internal email system will receive an automatic confirmation email when Marriagecounselingtherapynetwork.com forwards Client's email to the member. Client emails will be read and moderated to check for spam or content that is in direct violation of Marriagecounselingtherapynetwork.com's Therapist Directory terms of service. If an email violates the terms of service it will be deleted and will not be sent to members.
(K) Clients who register for Marriagecounselingtherapynetwork.com membership and are approved to advertise in the Marriagecounselingtherapynetwork.com Therapist Directory acknowledge the existence of the Terms of Service, which is applicable to all therapist members, and Clients agree, by virtue of registering for Marriagecounselingtherapynetwork.com membership, which includes a required check-box agreement, to all of the conditions contained in the Terms of Service. This acknowledgement and agreement does not apply to Clients who are not therapist members of Marriagecounselingtherapynetwork.com therapist directory.
(L) This Agreement, which incorporates by reference other provisions applicable to Client's use of Marriagecounselingtherapynetwork.com, sets forth the terms and conditions that apply to Client's use of Marriagecounselingtherapynetwork.com. By using Marriagecounselingtherapynetwork.com, Client agrees to comply with all of the terms and conditions hereof. The right to use Marriagecounselingtherapynetwork.com is personal to Client and is not transferable to any person or entity.
3. Changed Terms.
Five star counseling services, Inc. shall have the right at any time to change or modify the terms and conditions applicable to Client's use of Marriagecounselingtherapynetwork.com, or any part thereof, or to impose new conditions, including, but not limited to, adding or increasing fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on Marriagecounselingtherapynetwork.com, or by electronic or conventional mail, or by any other means by which Client obtains notice thereof. Any use of Marriagecounselingtherapynetwork.com by Client after such notice shall be deemed to constitute acceptance by Client of such changes, modifications or additions.
Client shall be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Marriagecounselingtherapynetwork.com and all charges related thereto.
5. Client Conduct.
(A) Client shall use Marriagecounselingtherapynetwork.com for lawful purposes only. Client shall not post or transmit through Marriagecounselingtherapynetwork.com any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services.
Any conduct by a Client that in the sole discretion of Marriagecounselingtherapynetwork.com restricts or inhibits any other Client from using or enjoying Marriagecounselingtherapynetwork.com will not be permitted. Client shall not use Marriagecounselingtherapynetwork.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Clients of other on-line information services competitive with Marriagecounselingtherapynetwork.com.
(B) Marriagecounselingtherapynetwork.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of Marriagecounselingtherapynetwork.com are copyrighted as a collective work under United States copyright laws.
Marriagecounselingtherapynetwork.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Client may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
Client may download copyrighted material for Client's personal use only provided that the following notice is included on such materials: "Copyright, Marriagecounselingtherapynetwork.com.” Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Marriagecounselingtherapynetwork.com and the copyright owner.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Client acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Client shall not upload, post or otherwise make available on Marriagecounselingtherapynetwork.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Client. Client shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of Marriagecounselingtherapynetwork.com, Client automatically grants, or warrants that the owner of such material has expressly granted Marriagecounselingtherapynetwork.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
Client also permits any other Client to access, view, store or reproduce the material for that Client's personal use. Client hereby grants Marriagecounselingtherapynetwork.com the right to edit, copy, publish and distribute any material made available on Marriagecounselingtherapynetwork.com by Client.
(D) The foregoing provisions of Section 5 are for the benefit of Marriagecounselingtherapynetwork.com, its subsidiaries, affiliates and its third party content providers and licensers and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) CLIENT EXPRESSLY AGREES THAT USE OF Marriagecounselingtherapynetwork.com IS AT CLIENT'S SOLE RISK. NEITHER Marriagecounselingtherapynetwork.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSERS WARRANT THAT Marriagecounselingtherapynetwork.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF Marriagecounselingtherapynetwork.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH Marriagecounselingtherapynetwork.com.
(B) Marriagecounselingtherapynetwork.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, NEGLIGENCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
CLIENT SPECIFICALLY ACKNOWLEDGES THAT Marriagecounselingtherapynetwork.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CLIENTS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CLIENT.
(D) IN NO EVENT WILL Marriagecounselingtherapynetwork.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Marriagecounselingtherapynetwork.com OR THE Marriagecounselingtherapynetwork.com SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Marriagecounselingtherapynetwork.com. CLIENT HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON Marriagecounselingtherapynetwork.com.
(E) IN ADDITION TO THE FOREGOING, NEITHER Marriagecounselingtherapynetwork.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN Marriagecounselingtherapynetwork.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER Marriagecounselingtherapynetwork.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
Marriagecounselingtherapynetwork.com shall have the right, but not the obligation, to monitor the content of Marriagecounselingtherapynetwork.com, including chat rooms, blogs, and forums, and client emails, to determine compliance with this Agreement and any operating rules established by Marriagecounselingtherapynetwork.com and to satisfy any law, regulation or authorized government request. Marriagecounselingtherapynetwork.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Marriagecounselingtherapynetwork.com. Without limiting the foregoing, Marriagecounselingtherapynetwork.com shall have the right to remove any material that Marriagecounselingtherapynetwork.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Client agrees to defend, indemnify and hold harmless Marriagecounselingtherapynetwork.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Marriagecounselingtherapynetwork.com by Client or Client's Account.
Either Marriagecounselingtherapynetwork.com or Client may terminate this Agreement at any time. Without limiting the foregoing, Marriagecounselingtherapynetwork.com shall have the right to immediately terminate Client's Account in the event of any conduct by Client which Marriagecounselingtherapynetwork.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by Client of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
Marriagecounselingtherapynetwork.com and each of their logos are trademarks of Marriagecounselingtherapynetwork.com. All rights are reserved. All other trademarks appearing on Marriagecounselingtherapynetwork.com are the property of their respective owners. Your use of our Website or Service does not grant you right or license to use any logos or trademarks as found herein.
11. Third Party Content.
Marriagecounselingtherapynetwork.com is a licenser or distributor (and not a publisher) of content supplied by third parties and Clients. Accordingly, there are some cases in which Marriagecounselingtherapynetwork.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, GoodTherapy Blog authors, Clients or any other user of Marriagecounselingtherapynetwork.com, are those of the respective author(s) or distributor(s) and not of Marriagecounselingtherapynetwork.com.
Neither Marriagecounselingtherapynetwork.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through Marriagecounselingtherapynetwork.com represents the opinions and judgments of the respective information provider, Client, or other user not under contract with Marriagecounselingtherapynetwork.com. Five star counseing services, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Marriagecounselingtherapynetwork.com therapist directory by anyone other than authorized Five star counseing services, Inc. employee spokespersons while acting in their official capacities.
Under no circumstances will Five star counseling services, Inc. be liable for any loss or damage caused by a Client's reliance on information obtained through Marriagecounselingtherapynetwork.com therapist directory. It is the responsibility of Client to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Marriagecounselingtherapynetwork.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
12. Copyrights and Copyright Agent.
Five star counseling services, Inc. respects the rights of all copyright holders and in this regard, Marriagecounselingtherapynetwork.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of Clients and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Five star counseling services, Inc. Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ? 512.
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyright 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.
3. 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 us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party.
5. A statement that the complaining party has 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Five star counseling services, Inc. Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
Five star counseling services, Inc. – Copyright Agent
7050 W 120th Avenue, Suite 201 Broomfield, CO 80020
For any questions or requests other than copyright issues, please contact Five star counseling services, Inc..
Five star counseling services, Inc. 7050 W 120th Ave, Suite 201 Broomfield, CO 80020 303-464-9192
13. Children's Privacy.
Marriagecounselingtherapynetwork.com therapist directory is not intended or designed to attract persons under the age of 18. We do not collect information from any person we actually know is under the age of 18.
14. Advertisements and Links.
Marriagecounselingtherapynetwork.com does not endorse the content on any third-party websites. Marriagecounselingtherapynetwork.com is not responsible for the content of linked third-party sites, sites framed within Marriagecounselingtherapynetwork.com, or third-party advertisements, and does not make any representations regarding their content or accuracy.
Client's use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Marriagecounselingtherapynetwork.com does not endorse any product advertised on Marriagecounselingtherapynetwork.com.
You represent and warrant that when you make a payment to Five star counseling services, Inc. as part of our Service or for purchasing our Products that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
16. Payment Charge-Backs
While we actively support fighting payment fraud, Five star counseling services, Inc. has a zero-tolerance policy regarding payment charge-backs and asks that you contact us if you have an issue with our Service or our Products. However, if you start a charge-back process regarding our Service, Five star counseling services, Inc. reserves the right to immediately terminate your account. Your account and the payment information you provided will be blacklisted in our systems. Should we do this, you will never again be able to use that account and payment information with us and you will be liable to us for administrative costs in processing the charge-back.
17. Refund Policy
We do not offer refunds for our Service. We may offer refunds for our Products, subject to our discretion.
You understand that this Agreement, our Website, and our Service are governed be the laws of the State of Colorado, without regard to its conflict of law principles. You agree that the City of Broomfield, and the Municipality of Broomfield, in which Five star counseling services, Inc. is located, shall be the forum for any legal action relating to our Website, Content, or Service. Any cause of action by you with respect to our Website, Content, or Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement of Service shall take precedence. The failure of Five star counseling services, Inc. to enforce any provision or right as found in this Agreement will not constitute a waiver of such provision or right. The use of section headings in this Agreement is merely for convenience and in no way limits or defines how this Agreement should be construed. This Agreement and any operating rules for Marriagecounselingtherapynetwork.com therapist directory constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
Last Update: 06-10-2011
Terms of Service
Terms of Service and Use Agreement