eTherapyPro.com Terms of Service
General
These Terms of Service constitute an Agreement between the User (“User”, “Client” or “You”) and eTherapyPro.com (“eTherapyPro.com”, the “Site”, the “Company” or the “Platform”). You must read and agree to these Terms of Service prior to using any part of the Platform. The Platform includes but is not limited to websites, mobile apps, videos, blogs, forums, member profiles, and other resources. Using any these resources or others associated with the tradename eTherapyPro.com constitutes use of the Platform. Your use of the Platform constitutes your agreement to these Terms of Service. If you do not agree with these Terms of Service do not use the Platform.
This Platform was built to offer the User the ability to find resources for the purposes of alleviating their mental health challenges. These resources include but are not limited to access to: mental health professionals (Counselors); other Users; public forums, blogs; and tools. Access to Platform content is available through multiple websites including www.eTherapyPro.com, mobile apps, mobile devices, and more. This Agreement applies to any means through any device that a User might employ to access the Platform.
Users are welcome to access and use the Platform for their personal use as it applies to their mental health and well-being, provided they accept this agreement. Users are not authorized to copy, distribute, alter, convey, or edit the contents of the Platform. Users may not use the contents of the Platform for any commercial purpose. eTherapyPro.com retains all title and intellectual property rights to the platform without transfer to any third party. All content, interest, and aspects of the Platform remain the sole property of eTherapyPro.com.
Disclaimers
IF YOU ARE CONSIDERING ACTIONS WHICH MAY INTENTIONALLY CAUSE HARM EITHER TO YOURSELF OR OTHERS; IF YOU BELIEVE ANY OTHER PERSON MAY BE IN DANGER; IF YOU SUSPECT A CHILD IS BEING MISTREATED; OR IF YOU OR SOMEONE IN YOUR CARE OR PROXIMITY IS EXPERIENCING A MEDICAL EMERGENCY YOU MUST IMMEDIATELY CALL THE APPROPRIATE EMERGENCY SERVICE NUMBER AND NOTIFY THE AUTHORITIES. A LINK TO SOME OF THESE NUMBERS IS PROVIDED ON THE HOMEPAGE OF THIS SITE.
The purpose of this platform is to provide the User with access to the content which includes publicly available resources and access to other Users and Counselors. Access to this content is intended solely for personal use. THIS PLATFORM IS NOT INTENDED FOR THE DIAGNOSIS OF MEDICAL CONDITIONS AND IT DOES NOT HAVE ANY HAVE ANY INVOLVEMENT OR INSTRUCTION AS TO THE USE OF ANY PRESCRIPTION DRUG. SHOULD YOU RECEIVE ANY SUCH ADVICE TRANSMITTED THROUGH THE PLATFORM YOU SHOULD DISREGARD IT.
The Platform serves to facilitate direct connections between Users and one-on-one contact between the User and Counselors. The User may utilize the platform over multiple websites, apps, and devices. All use of the platform through any means or devices is covered under these Terms of Service.
Forums & Other Users
eTherapyPro.com allows Users to access information through public forums and to have direct contact with each other. Your use of the forum constitutes your acknowledgement and agreement that the content you post along with your Username will be visible to other Users. eTherapyPro.com cannot protect your confidentiality should you choose to post to public forums. You should not post on the forums if you do not agree to reveal details of your profile to other Users and or you should ensure that your profile is anonymous.
The intent of the forums is to facilitate contact between Users that share similar mental health challenges in order to offer experience, support and encouragement to each other. eTherapyPro.com will moderate and contribute to the forums and will not allow any language that is offensive or that insinuates harm of any kind to any living thing. No soliciting is allowed. Users who post offensive content or attempt to solicit services will first be warned and then banned depending on the severity of the content. Particularly egregious content will result in an immediate ban from the platform. Each User is responsible for the content they choose to post and the content they choose to read. No User is employed by eTherapyPro.com and as such no responsibility or liability is taken or accepted by the Company for the content or substance of User posts or messaging. The Company does not necessarily share the views of any User and cannot accept any liability for postings or private messages. Any User that participates in the forum or direct messaging contact does so at their own and sole risk.
Your use of the forums or private messaging constitutes your agreement to accept and assume any and all liability for the content found there. You also agree to immediately report any offensive content or attempts to solicit to the Company. Do not use the platform for contact with other Users such as that offered in the forums and private messaging if you are unwilling to accept the sole risk and liability of any outcomes that may result from said use.
Counselors
eTherapyPro.com does not employ the Counselors with whom you may have contact through the Platform. The Counselors are screened by other mental health professionals and they must provide proof of licensure, good standing, and insurance. The Counselors are not employees of eTherapyPro.com and they are not authorized to act on our behalf. We assume no responsibility for the action, inaction, counsel, or any doing of these Counselors with Users of this site. We do not make any warranties as to the services of your counselor. We cannot guarantee that their work with you will be relevant, helpful, satisfactory, or up to your standards. Our Counselors accept full ethical and legal responsibility for their services. Users work with Counselors at their own risks. If you are unwilling to accept these risks do not use the platform.
When you are matched with your counselor they will provide you with their credentials including proof of licensure, good standing, and insurance. They will also provide you with statements on your confidentiality rights, HIPAA rights, and other statements as applicable and required by their state of licensure. If you do not receive these disclosures please request them from your counselor.
Most Counselors are only legally authorized to practice mental health services in the states where they are licensed. This platform facilitates remote mental health services with Counselors all over the United States. In order to utilize this platform you the User must agree that any and all remote mental health services you receive are legally within the borders of the state of your counselor. These remote mental health services include but are not limited to the following means of communication: direct email, messages sent using the platform profile email system, any chat app, any electronic device, phones, virtual reality equipment, etc. If you do not agree to these terms do not use the platform.
We do our best to review credentials of the Counselors you may work with through this platform. That said, we do not confirm all their credentials and cannot guarantee the state of their licensure or good standing. You are advised to research this information for yourself. We do not get involved in your therapeutic relationship with your counselor. We do not have access to any of the communication you share with your counselor. You are advised to use caution when working with a counselor remotely. You must agree and acknowledge that mental health services rendered remotely are not the same as those given in face to face counseling. This platform is not intended for use in cases in which you are contemplating harming yourself or others.
HIPAA Compliance
We do strive in all ways to comply with HIPAA standards. That said, not all forms of communication on this platform meet HIPAA standards for encryption. All data is encrypted and we take measures to remove the possibility of identifying platform users. Furthermore, in the event a dispute arises from your use of the platform in which you request an investigation, you authorize eTherapyPro to provide information to any investigating authority. This includes but is not limited to: revealing registration information, usernames, intake questionnaire, message content, access logs, dates for the commencement and termination of membership, payment information, or any information which may aid in the investigation. If you do not agree to these terms do not use the platform.
Usage Fees
We do charge fees on this site that are intended to cover the development, maintenance, overhead, and all other costs associated with running the platform including processing fees. These fees help to maintain the forums, resources and profile communication services as well which User may access at no cost. Part of your payments, accounted for separately, is remitted to the mental health service provider for their services to you. eTherapyPro.com does not share or keep any part of that portion. Despite this portion of the payment eTherapyPro.com will not be deemed your counselor and accepts no liability or responsibility for mental health services. Both the counselor and the User agree to completely indemnify and hold blameless eTherapyPro.com for any and all disputes against each other which may arise through the use of this platform for any reason whatsoever. The counselor and User agree to indemnify and hold blameless eTherapyPro.com, it’s parent corporation, all owners, officers, employees, subsidiaries, etc. from any and all claims, losses, damages, expenses, costs (including attorney’s fees) resulting from any violation of these Terms of Service.
You agree to pay any and all fees associated with your profile and User account in a timely basis consistent with the plans and options you have selected in accordance with the terms published on the website. By providing us with your credit card information you authorize us to bill and charge you through that card according to your selected services plans. You agree to maintain valid and up to date credit card information on file in your account.
Cancellation & Refund Policy
- You can cancel your subscription from your message room by first logging into eTherapyPro then clicking on “Membership” on the left, then click on the red “Cancel” button. This will ask you to confirm cancellation. Do so by clicking on the “Yes, Cancel” button.
- Cancellation takes effect immediately and does not require admin review or approval.
- The only valid method for canceling your subscription is via the cancel link provided on your user “Membership” page, accessible after logging in to the eTherapyPro Website. Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation.
- If you started with a consultation please note that it will automatically end after three days (72 hours). You do not have to cancel it. If you wish to continue services after your consultation you will have to choose a plan and opt-in.
- If you cancel your membership subscription after your trial your account will remain active and you will be able to continue services until the end of your subscription period.
- After which you will still be able to access your account and messages but you will no longer be able to send messages to your counselor until and if you renew your subscription.
- Your paid membership will continue through the end of your current charge cycle but no further charges will occur.
- To request a refund please visit the contact page and request a refund. Please allow up to 72 hours for a response. Most refund requests are honored. Some refunds may be prorated.
YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED ON A RECURRING MONTHLY BASIS (UNLESS YOU HAVE SELECTED A PAYMENT OPTION BASED ON ANOTHER RECURRING BASIS). IF YOU DO NOT DESIRE TO HAVE YOUR SUBSCRIPTION AUTOMATICALLY RENEWED, YOU MUST CANCEL YOUR SUBSCRIPTION THROUGH THE “MEMBERSHIP” PAGE BEFORE THE END OF THE APPLICABLE RECURRING PERIOD. PAID SUBSCRIPTIONS CAN BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, BUT YOU MUST REQUEST A REFUND THROUGH OUR “CONTACT PAGE”. MOST REFUNDS ARE PRORATED BASED ON USE AFTER SUBSCRIPTION PAYMENT.
Proper Use
On this website you will have access to a lot of different types of information on the site itself and you will also find suggestions and recommendations from other Users in forums and through your counselor. eTherapyPro.com does not endorse any specific mental health diagnosis method or treatment. We do not endorse any tests, worksheets, coping tools, advice, or any other type means to diagnose or treat mental health disorders. We do not endorse any information described or mentioned on this platform. You agree and acknowledge that should you choose to rely on any content you acquire on this platform you are doing so at your sole liability and risk. You also accept responsibility for compliance with the laws and regulations of the country, state, province, city, etc. of the location from where you are accessing this site. You agree not to access this site from any location where the platform does not comply with the applicable laws and regulations.
You agree and confirm that neither eTherapyPro.com nor any of its affiliates shall be in any way liable to you or anyone else for any loss or injury caused in whole or in part by your use of this platform. That includes your reliance, use, or personal interpretation of any content which you might obtain directly or indirectly from the site, its Users, or Counselors.
Under no circumstances and in no event will eTherapyPro.com or its affiliates be responsible or liable to you or anyone else for any incidental, consequential, indirect, special or exemplary damages or losses arising out of your use or inability to use the site. This includes even if eTherapyPro.com, its affiliates, owners, officers, licensors, agents or representatives know or have been informed of the possibilities of such damage.
Hyperlinks
Any link (including a hyperlink, button or referral device of any kind) used on this website or on the mobile eTherapyPro.com Application is provided for your use and convenience. The appearance of a link on this website does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship with us. We do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party websites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
User Responsibility
Neither eTherapyPro.com nor its affiliates are under any obligation to respond to messages posted to this site. If you post any information or material to this website you are responsible for such information or material and the consequences of their posting. If you choose to post material, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the information, creations, data or material you may post to this website.We do not and are not responsible for screening or monitoring material posted by you or any other person or entity. If notified by one of our Users of any material that is alleged not to conform to the terms of these terms and conditions, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to these terms and conditions. We reserve the right to edit or delete any material posted on our website, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted by others on the website. We also do not endorse any opinions expressed by others on the website. You acknowledge that any reliance on content posted by others on the website, and your use of that content, is at your own risk.
Modifications, Termination, Interruption, and Disruptions to the Platform
You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform or mobile application, whether to all Users or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
The Platform technology is technically complicated and is dependent on third party engineering and hosting in part, and on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free.
Forbidden Uses of Platform
All Users expressly agree not to post any material that:
Is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
Infringes on the copyright or any other proprietary right of a third party;
Would invade the privacy of any other person;
Is intended to advertise to or solicit others without our express permission;
Constitutes charity solicitations, chain letters or pyramid schemes;
Contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or
Interfere with or disrupt networks connected to the website, or used for purposes of delivering the content (or violate the regulations, policies or procedures of such networks);
Attempt to gain unauthorized access to restricted areas of the website, other accounts, computer systems or networks connected to the website, through password mining or any other means; or
Interfere with another User’s use and enjoyment of the website.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms of Service, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
Copyright & Trademarks
You hereby grant to eTherapyPro.com a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the website by all means and in any media now known or hereafter developed for any use or purpose. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process for a password or username, if any eTherapyPro.com only purports to use names, logos or marks appearing in this site in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trade marks, licenses, or otherwise. For the avoidance of doubt, eTherapyPro.com does not purport to use any name, logo or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use of these trademarks or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.All content and materials available on eTherapyPro.com, including but not limited to text, graphics, domain names, code, images and logos are the intellectual property of eTherapyPro.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited. eTherapyPro.com is a copyright term. All rights reserved.
Age Requirements, Password, Email, Texting and Honesty Policy for eTherapyPro.com
You agree that by using the Site, you are at least eighteen (18) years of age and legally and have no reason to believe you would not be judged a competent adult. By registering as a User and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of the eTherapyPro.com Privacy Policy. By your use of this site, you acknowledge that the information furnished by you is accurate, true and complete, and you will maintain and update such information during your use of this Site so that it will remain true, accurate, current and complete. During your use of this Site or its related Mobile Platforms, you may be asked to provide a User name and password. You remain responsible for maintaining the confidentiality of your password and User name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, User name or password. You may not use the account, Username or password of someone else. You will immediately notify eTherapyPro.com of any unauthorized use of your password, User name or e-mail. eTherapyPro.com will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your continued use of this Site’s Offerings will signify your acceptance of the changes to the Site or the Terms of Service. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. eTherapyPro.com may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, Member agrees to be bound by such changes to this Agreement.You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website with or without notice and any suspected illegal, fraudulent or abusive activity may be grounds for terminating your use of the Site and may be referred to appropriate law enforcement authorities. eTherapyPro.com reserves the right to remove or delete any information that you may have on file with us, including any account or login information.
Other Legal Terms
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Colorado.
This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
UNLESS OTHERWISE EXPRESSED, eTherapyPro.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Miscellaneous Terms & Conditions
eTherapyPro.com reserves the right to change these Terms and Conditions from time to time in its sole discretion.
If any provision of these Terms and Conditions should, for any reason, be held invalid, prohibited by law or unenforceable in any respect, such term will not apply. However, the remainder of these Terms and Conditions shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid, prohibited or unenforceable provision to make it valid and enforceable.
Governance
These terms and the interpretation of these terms will be governed by and construed under the laws of the state of Colorado, without regard to its conflicts of laws principles and will specifically not be governed by the united nations conventions on contracts for the international sale of goods, if otherwise applicable. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the program or these terms must be in the state or federal courts located in Colorado and you hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Colorado for any such legal proceeding.
Last Edited on 10-27-2016