OnlineTherapySites.com Terms of Service
Please read the following agreement (the “Terms”) carefully. They explain the policies and rules related to use of our site (the “site”). By accessing, using or downloading materials from the site or by completing the registration process and clicking "Sign Up,” you are stating that you agree with OnlineTherapySites.com and Baystone Media, Inc. (“us”, “we”, “our” or “OnlineTherapySites.com”) to the following Terms. “You” refers to you, the user, together with any company or other business entity you are representing.
You can easily begin using our site by going through our simple 3 step process. In registering with us, you agree to provide accurate, current and complete information about yourself, and to update that information if it changes; if you don't, we have the right to close your account and any web pages created under your account. As part of the registration process, you will choose a password. It is your responsibility to keep this password confidential. You are responsible for all actions taken under your password. If you register over the phone, or in person at a trade show through a representative, you are to be held responsible for all conditions hereby stated in this document. Your card will be charged for the first month upon signup and any additional services you sign up for. Your card will then be charged once/month for the monthly fee going forward on a recurring basis.
You may terminate your account at any point. OnlineTherapySites.com may terminate or cancel your account at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with OnlineTherapySites.com. You also agree that OnlineTherapySites.com may close your account and prevent you from using our site for violating any of our Terms of Service, or for any other reason, at any time, at OnlineTherapySites.com’s sole discretion, without prior notice to you. In most instances, however, OnlineTherapySites.com will review a web site and if it is found to be in violation of any of our Terms Of Service, you will be given a warning. If the web site continues to violate our rules, the site will be deleted.
If you are required to pay a fee for all or any part of the Service for which you have chosen to register, you hereby authorize OnlineTherapySites.com to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen Service and your Account. You acknowledge that it is your responsibility to notify OnlineTherapySites.com of any changes to your credit card or if your credit card has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars.
All charges for your website will show on your credit card statement as OnlinePractice.
OnlineTherapySites.com reserves the right to increase the fee for the general hosting/upgrading acct by a maximum of 3% per year.
You understand that the phrase “Site Designed by OnlineTherapySites.com” will be placed in the footer to each and every web page generated and transmitted by OnlineTherapySites.com’s System.
You agree to allow OnlineTherapySites.com to announce our customer relationship with you in a press release or similar distribution. This includes allowing us to profile and link to your site in any communications.
5. Privacy
Upon request OnlineTherapySites.com may disclose your contact information to customers of your website, government agencies, any trademark or copyright owner requiring to contact you in regards to transactions or content on your site.
In general, we do not screen or edit information transmitted or shared by members on our site, but we reserve the right (but have no duty) to monitor, to remove any objectionable information, and to remove any web pages from our system at any time, without notice, at our sole discretion.
To help ensure that everyone's experience at OnlineTherapySites.com is a positive one, we have certain rules for conduct, which you must agree to in using our site.
You agree to:
You also agree that you will not:
For your convenience, the Service, which includes the OnlineTherapySites.com Web site, contains products, services, content and information from third party providers (which includes advertisers and affiliates) and/or links to their Web sites ("Third Party Content"). Such Third Party Content is not under the control of OnlineTherapySites.com and OnlineTherapySites.com is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content.
OnlineTherapySites.com is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release OnlineTherapySites.com (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Your relationship with your end users, “End Users” in this Agreement referring to any user who visits your site, is independent from OnlineTherapySites.com. OnlineTherapySites.com will be not be held liable for any disagreements between you and your End Users and will not get involved with any disputes arising from your relationship.
You agree to indemnify and hold OnlineTherapySites.com, rebranders, cobranders, and its suppliers, affiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) your breach of this Agreement; (ii) any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you at your site and/or to OnlineTherapySites.com and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by your actions; and (iv) your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with OnlineTherapySites.com or your use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of OnlineTherapySites.comand/or its suppliers, affiliates, partners, subsidiaries and employees.
You will defend, indemnify and hold OnlineTherapySites.com harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) associated with any claim or action brought against OnlineTherapySites.com that arises directly or indirectly from you or your end-users, or the content of such end-user’s web site, contrary to the provisions of this Agreement, including claims based on representations, warranties, or misrepresentations made by you, provided that OnlineTherapySites.com promptly notifies you in writing of the claim and allows you to control and fully cooperate with you in the defense and all related settlement negotiations. You shall be relieved of its indemnification obligations under this Agreement to the extent it is actually prejudiced by OnlineTherapySites.com failure to provide such notice or cooperation. You shall have no liability for any settlement or compromise made without its prior written consent, although such consent not to be unreasonably withheld.
OnlineTherapySites.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You should periodically review these Terms for changes. Your continued use of the site and the services following the posting of any changes confirms your agreement with such changes. You agree that OnlineTherapySites.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
You agree that Content presented through our site by OnlineTherapySites.com, its advertisers, or others, including all text, graphics, logos, button icons, images, audio files, software, data compilations and other intellectual property, is owned by OnlineTherapySites.com or its licensees and is protected by copyright, trade-mark, service mark, patent, or other proprietary rights and laws. You agree not to otherwise copy, change, upload, transmit, sell or distribute any content available through OnlineTherapySites.com's site, including code and software, except standard page caching which occurs in the normal course of browsing. By way of example, you agree not to use any trade names or trademarks displayed on any other web site you operate such as in the meta-data of such web site. Except as expressly authorized by OnlineTherapySites.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part. You also agree not to record or otherwise make a copy of audio content on the site unless you have the permission of all parties to the conversation to do so.
By posting or submitting content to the site, you (a) grant to OnlineTherapySites.com and its affiliates and licensees the royalty free, non-exclusive right to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote the content in any form, anywhere and for any purpose; (b) warrant and represent that you own or otherwise control all of the rights to the content and that the public posting and use of your content by OnlineTherapySites.com will not infringe or violate the rights of any third party; and (c) waive all moral rights that you have in the content and warrant and represent that all other authors and creators of the content have also waived their moral rights in and to the content.
OnlineTherapySites.com's site may contain links to other sites. You agree that OnlineTherapySites.com does not endorse any other sites and is not liable for any loss or damages related to the content, products or services available through those sites.
If any provision of this Agreement shall be held illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
You will be fully responsible for maintaining the confidentiality of your passwords, and you will notify OnlineTherapySites.com immediately if you believe that the security of your account has been compromised. OnlineTherapySites.com DOES NOT REPRESENT OR IN ANY WAY WARRANT THAT ACCOUNT INFORMATION WILL REMAIN SECURE AND OnlineTherapySites.com SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.
IN NO EVENT SHALL OnlineTherapySites.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF OnlineTherapySites.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OnlineTherapySites.com's AGGREGATE LIABILITY TO YOU AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAY TO OnlineTherapySites.com UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither OnlineTherapySites.com nor its suppliers is responsible for any of your data residing on the Service or OnlineTherapySites.com suppliers' hardware. You are responsible for backing-up your data and information that may reside on the Service or OnlineTherapySites.com's suppliers' hardware, whether or not such information is produced through the use of the Service. It is your responsibility to take the necessary steps to ensure that your primary means of business is maintained (if applicable).
These Terms are governed by the laws of the United States of America.. No action or proceeding may be commenced or maintained in relation to the site, the Services or these Terms except in a court of appropriate jurisdiction in the United States of America and you hereby irrevocably agree to attorn to the jurisdiction of such courts.
As part of the Service, OnlineTherapySites.com provides you with standard clip-art and photos to incorporate into your web sites. In using the clip-art and photos, you are governed by an Image License Agreement with BigStockPhoto.com the supplier of the clip-art and photos. Such Image License Agreement is incorporated into this Agreement. You understand that the Image License Agreement is a separate contractual relationship between you and BigStockPhoto.com and that you, and not OnlineTherapySites.com, are responsible for all liability, and obligations in connection with that relationship. OnlineTherapySites.com is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and BigStockPhoto.com. In the event of a BigStockPhoto.com dispute, you hereby release OnlineTherapySites.com (and its officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes.
Big Stock Photo License Agreement
http://www.bigstockphoto.com/usage.html
