TERMS OF SERVICE
Agreement between User and LiveTherapy.com
LiveTherapy.com’s website and services are offered to you (“User”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”). Your use of LiveTherapy (“LiveTherapy” “the company” “we” “us”) and its website (“the Site”) constitutes your agreement to all such Terms.
LiveTherapy is a technology platform that connects people with behavioral healthcare providers (“Healthcare Providers”) to receive online behavioral health services. Healthcare Providers may include, but are not limited to, therapists, social workers, psychologists, and psychiatrists. Healthcare Providers are not employees or agents of LiveTherapy, have no financial interest in the company, and are responsible for obtaining your informed consent to any medical treatment or diagnosis.
LiveTherapy offers the following services (collectively, “Services”):
(a) Session scheduling, billing, and other services related to online behavioral health therapy,
(b) Facilitation of electronic communications with Healthcare Providers, and
(c) Additional content and information about LiveTherapy and our services.
Our Services do not include the provision of behavioral health services, medical care, or other professional services.
Note that use of our Site and Services is not for emergencies. If you are in a life-threatening emergency, call 911 or go to your nearest emergency room. If you are experiencing crisis, call the National Suicide Prevention Lifeline at 1-800-273-8255.
2. No Guarantee of Acceptance as a Client
We do not guarantee that you will be accepted as a client by one of our Healthcare Providers. Even if you are accepted as a client, the Healthcare Provider may determine that online behavioral health services are not appropriate for your needs, and the Healthcare Provider may elect, at his/her discretion, not to provide such services to you.
3. Medical Advice
LiveTherapy cannot and is not intended to provide medical advice. If you have questions regarding your health or medical condition, you should seek the advice of a qualified healthcare provider or physician immediately. The content on the Site is not medical advice nor a substitute for medical advice, diagnosis, or treatment, and should not be considered as such.
4. Personal Information
You agree to provide us with personal information including, but not limited to, personal identification, email address, and billing information. This information is required to facilitate the scheduling and billing process.
5. Payment Policy
You agree to pay all fees and charges for Services rendered, and you authorize us to automatically bill all applicable charges to your payment account on record, immediately upon completion of a scheduled session.
You understand and agree that you will be charged the full fee for missed scheduled sessions, unless you cancel the scheduled session 24 hours in advance of the session start time.
6. Healthcare Provider Profiles
We provide profile pages for our Healthcare Providers showing information regarding their personal experience, qualifications, credentials, specialities, and rates. Healthcare Providers are solely and exclusively responsible for their profiles’ content. LiveTherapy explicitly disclaims any liability for the accuracy of any Healthcare Provider profile content.
7. Responsibility for Your Care
Your behavioral health care is solely the responsibility of you and your Healthcare Provider.
We attempt to confirm that all Healthcare Providers listed on the Site have valid credentials and are in good standing with their licensure board(s). We are not, however, responsible for credentialing Healthcare Providers, or verifying the accuracy of their credentials. We explicitly disclaim any liability for fraudulent credentials or claims by Healthcare Providers.
It is your responsibility to validate the accuracy of your Healthcare Provider’s credentials and to check that he/she is good standing with applicable licensing boards.
8. No unlawful or prohibited use
As a condition of your use of the Site, you warrant to LiveTherapy that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site, or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You agree that you will not do any of the following while using our Services, nor will you encourage or instruct any other person to do any of the following:
(a) Publish, post, upload, or distribute any information that you do not have the lawful right to transmit, including information that is libelous or defamatory, information that violates another person’s copyrights, privacy rights, trademarks, trade secrets, or rights in other confidential information.
(b) Upload files that contain viruses, worms, Trojan horses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
(c) Interfere with others’ use of the Site including, without limitation, disrupting the normal flow or use of the Service.
(d) Harvest or otherwise collect information about others, including e-mail addresses, without consent.
(e) Knowingly provide any false or inaccurate personal identification or billing information.
(f) Video-tape, photograph, screenshot, or otherwise record the audio or video of yours or another’s behavioral health session.
(g) Violate any applicable laws or regulations.
9. User’s License
LiveTherapy reserves the right to terminate your access to any or all of the Site or Services at any time without notice for any reason whatsoever.
LiveTherapy reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at our sole discretion.
10. Third Party Resources
LiveTherapy offers on its Site links to third-party websites and resources, including but not limited to personality assessments, inventories, and behavioral health information. We are not responsible for the accuracy of such websites and resources, and we do not endorse, sponsor, or recommend the content, products, or services available through them. Use of third-party websites and resources is at your own risk, and LiveTherapy will not be liable for any of your losses arising from your use of such resources.
11. Limited Warranties and Liability Disclaimer
LiveTherapy assumes no liability for any decision made, or action taken in reliance upon information contained in the Site or any other website linked to it in any way. LiveTherapy does not assume any responsibility or risk for your use of the Site or the internet.
Furthermore, the Site and Services are provided on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, and except as provided below, LiveTherapy expressly disclaims all warranties, representations, or endorsements whatsoever in connection with the Site and products contained therein, other websites accessed by hyperlink, or the internet generally of any kind, whether express or implied. You understand that, except for information, products, or services clearly identified as being supplied by LiveTherapy, we do not review, operate, or control any material, information, products, or services on the Internet, including electronic transmissions from Users or materials connected to the Site through hyperlink in any way.
Without limiting the foregoing, LiveTherapy makes no representation or warranty of any kind, express or implied: (1) As to the operation of the Site, or the information, content, or materials included therein; (2) That the Site will be uninterrupted or error-free; (3) As to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Site; or (4) That the Site, its servers, or e-mail sent from or on behalf of LiveTheraly are free of viruses or other harmful components.
To the maximum extent permitted by applicable law, in no event shall LiveTherapy and/or its agents be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related Services, the provision of or failure to provide Services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if LiveTherapy or any of its suppliers has been advised of the possibility of damage. If you are dissatisfied with any portion of the Site, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the Site.
User shall indemnify, defend, and hold harmless LiveTherapy and its officers, directors, employees, agents, and clients from and against any and all liabilities, losses, damages, costs, and expenses (including, without limitation, attorneys’ fees, costs, and disbursements), based upon or in connection with the acts or omissions of User, its employees, agents, contractors, and other personnel, including, without limitation: (a) any actual or alleged infringement of any patent, copyright, trademark or similar property right arising from the content of User’s web page; (b) a violation of law; and (c) libel, slander, defamation, invasion of privacy, fraud, or misrepresentation.
Promptly after receipt of any written claim or notice of any action giving rise to a claim for indemnification, a party seeking to be indemnified (“Indemnitee”) shall so notify the other party (“Indemnitor”) and shall provide copies of such claim or any documents relating to the action. Failure to notify Indemnitor will not relieve the Indemnitor of its obligations under this Agreement, except to the extent that the failure or delay is materially prejudicial to Indemnitor’s defense of such claim.
Indemnitor shall have sole control over the defense and settlement of such claim; provided, however, that (a) Indemnitee shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim and (b) Indemnitor shall obtain the prior written approval of Indemnitee before entering into any settlement of such claim or ceasing to defend against such claim.
13. Errors and Inaccuracies
Although LiveTherapy makes every effort to ensure the correctness of data, we disclaim responsibility for any errors or omissions, such as unintended technical inaccuracies, typographical errors, pricing information, or payment terms.
To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of the state courts in Suffolk County, Massachusetts, U.S.A. and of the United States of America located in the Commonwealth of Massachusetts in all disputes arising out of or relating to the use of LiveTherapy Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and LiveTherapy as a result of this agreement or use of the Site. LiveTherapy’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by LiveTherapy with respect to such use. 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 superceded 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 User and LiveTherapy with respect to the Site and it supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and LiveTherapy 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 of the parties that this agreement and all related documents be drawn up in English.
15. Copyright and Trademark Notices
All contents of the Site are: Copyright 2014 by LiveTherapy.com. All rights are reserved. Notices and procedure for making claims of copyright infringement:
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to LiveTherapy’s designated agent. All inquiries not relevant to the following procedure will receive no response.
16. Changes to These Terms
LiveTherapy reserves the right to change these Terms at any time, and your continued use of our Services or Site will constitute your agreement to the changes.
Last modified: May 15, 2014