Terms and Condition Agreement for Therapist

Please note that this Terms and Conditions Agreement is applicable to  Therapists of Smart Counseling, LLC. To access the Terms and Conditions Agreement applicable to Clients, please click here.

THIS TERMS AND CONDITIONS AGREEMENT FOR THERAPISTS (the “Agreement”) is by and between Smart Counseling, LLC (the “Provider”) and the Therapists contracting with Provider via Provider’s website, Smartcounseling.com (the “Site”).BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Please do not attempt to copy, distribute, modify, transmit or receive the contents of this Site without the prior written approval of Provider. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Provider, its licensors or other providers of such material, and are protected by United States and international copyright, and other intellectual property or proprietary rights laws. You agree and acknowledge that you shall have only a limited, nonexclusive, nontransferable license to sure the Site. This Site may include content provided by third parties, including materials provided by Clients, other users, Therapists, and/or third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Provider, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Provider, and Provider is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties. Provider is a lifestyle platform development company that offers its clients the ability to match their concerns and issues to licensed therapists to allow for open communication using this Site. PROVIDER DOES NOT OFFER THERAPY OR COUNSELING SERVICES DIRECTLY TO CLIENTS. THIS SITE AND THE SERVICES OFFERED BY PROVIDER DO NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES OR OTHER PROFESSIONAL SERVICES BY PROVIDER. This Site is made available solely for your personal use; you agree to comply with all applicable laws, regulations and ordinances while using the Site and any service made available by Provider. You further agree and acknowledge that you will not use this Site for the purpose of derogation, humiliation, harassment, intimidation or other harmful activity directed towards any Client or customer of the Site, Provider, any of Provider’s affiliates or any other Therapists or user of this Site. Your use of this Site is conditioned on your compliance with your professional obligations as a licensed professional. If you do not feel you are able to comply with your obligations under this Site as well as your professional and legal obligations, do not participate in the Site. By using this Site in any way whatsoever you agree to abide by the regulations and rules as adopted and provided by Provider, including the terms of this Agreement and the Privacy Policy.

You, as Therapist, understand and agree that you are an Independent Contractor with respect to the Provider. You are free to dispose of your entire time, energy and skill as a Therapist as you see fit in fulfilling your duties and obligations to the Provider, including the obligations contained in this Agreement. Provider is not in the business of medical care, diagnosis or treatment, mental health counseling or any other such counseling services. Provider is not licensed and does not claim to be licensed as a therapist in any state or under any laws, regulations or ordinances. You understand and acknowledge that the services you provide as an independent contractor to Provider are solely your responsibility and obligation, and that Provider will have no involvement in the procurement, provision or monitoring of the actual services you provide to Clients and customers of Provider and/or users of the Site. Any and all representations, warranties and opinions you make through or on this Site are solely your personal representations, warranties and opinions and shall not be the representations, warranties or opinions of Provider, and shall not, under any circumstances, be imputed to or attributed to Provider on your behalf.

You further agree and acknowledge that, as an Independent Contractor, it is your responsibility to adequately provide the services offered through the Site and that Provider shall have the right to review your performance to determine whether you satisfy the end result of your obligations as Therapist and Independent Contractor. By using this Site and offering services through or on this Site, you agree and acknowledge that you are not the agent or representative of Provider, and that you do not have any authority whatsoever to bind Provider under any contract, whether written or oral, and you do not have the authority to speak or make representations on behalf of Provider.

By using this Site and offering services through or on this Site, you further represent and affirm the following with respect to your qualifications and ability to perform the services offered:

• You are fully licensed and in good standing in the state where you reside, and any other jurisdiction where you offer services, to perform the services you are offering through this Site;
• You have previously provided Provider with your current and active license number, as well as a link to a source of verification of such license and, in the event of a change, modification or alteration in your license, you have notified Provider of such change within five (5) days of such change;
• As a part of your licensure, you have fully completed all necessary hours and requirements to be fully licensed, and are not operating under any form of temporary, interim or intern license;
• As a part of your licensure, you are aware of, and up to date on, the rules, regulations and guidelines promulgated by the state(s) in which you are licensed and that you will take all necessary, required or encouraged steps to continue your education and understanding of such rules, regulations and guidelines;
• You do not have any past, current or pending disciplinary actions against you in relation to your license or the rendering of counseling services, or, if any such actions do exist, you have disclosed their existence and have supplied to Provider any and all additional information regarding such actions as may be requested by Provider;
• You will only provide services for which you are licensed and qualified to offer, and will not offer services in areas in which you have little to no experience or expertise or lead Clients, customers or users of the Site to believe you can provide the same;
• You will not provide Clients, customers or users of the Site any service for which such Client, customer or user has not authorized, requested or paid for;
• You will not engage in the practice of medicine through the use of this Site or establish a physician/patient relationship with any Client, customer or user of this Site during the time in which you are contracting with Provider;
• Your actions in relation to the services offered through or on this Site will be performed in an ethical and moral fashion, and in compliance with all regulations, guidelines and other orders of your license and professional field;
• Your performance of counseling services is in compliance with all HIPPA ethical and legal requirements, rules and regulations;
• Your performance of counseling services is in compliance with all federal, state and local guidelines, regulations, ordinances and laws covering or affecting the counseling services you offer;
• You have not, and will not in the future while using or offering services through or on this Site, offer counseling services to Clients or customers of this Site who you know to be suicidal, homicidal or diagnosed with a psychiatric illness or affliction. If during the course of counseling, it becomes known that a client or customer is suicidal or homicidal, you agree to follow Provider’s emergency management plan and all applicable federal, state and local laws and requirements;
• You currently have, and actively maintain, a professional liability malpractice insurance policy; and
• All information you have provided or supplied to Provider is true and accurate in all respects and, should you later learn that information supplied is inaccurate, you have notified Provider of such inaccuracy as soon as practicably possible. Upon the identification of a Client or customer of this Site who is suicidal, homicidal, a danger to themselves or others or who has a diagnosed psychiatric illness or affliction, you agree to end your provision of services to such person. Furthermore, you agree to adhere by all federal, state and local requirements regarding mandatory reporting and the duty to warn in such instances and upon your identification of such Clients or customers of this Site. If you feel a Client, customer or user of the Site is in danger of suicide or harming themselves or others, you agree and confirm that you will follow all prescribed actions as set forth in the federal and state guidelines where you are licensed. By providing services to the Clients, customers or users of this Site, you agree and acknowledge that you are aware of the guidelines and rules in the state(s) of your licensure regarding suicidal or dangerous individuals. In the event that you identify a suicidal or dangerous Client, customer or user of the Site, you further agree to follow and abide by the guidelines of Provider’s Emergency Management Plan, to the extent such plan does not conflict with any and all applicable laws or requirements of the state(s) of your licensure. You may request an additional copy of the Emergency Management Plan from Provider at any time by contacting the Provider here3 . You agree and acknowledge that it is solely your responsibility to follow the Emergency Management Plan and the rules, requirements and guidelines of the state(s) of your licensure in the event that you identify a Client, customer or user of the Site that is suicidal or dangerous to themselves or others. Provider expressly disclaims any and all liability related to your acts or omissions upon the identification of an individual who is suicidal or presents a danger to themselves or others.

You are responsible for maintaining your own professional liability and malpractice insurance policy and coverage. You, as a Therapist, are solely responsible for any agreements you choose to make with a Client or customer of this Site. Provider will not be responsible or liable in any way for any agreement made between you and a Client or customer of this Site. Any agreement you choose to enter into with a Client or customer of this Site is solely at your own risk. You further agree to practice “Informed Consent” when using the Site. This is defined to include informing any Client or customer of the Site your state of residency, that you are licensed in that state or states that you informed the Client or customer of and that any and all communications, messaging and remote interactions will be governed under the laws of that State of Licensure as if the Client or customer was in that state during all digital or online interaction.

The Site offers different levels of services to be provided by Therapists; by using this Site you agree and acknowledge that you will not provide any counseling services beyond the scope of the services that the Client or customer of this Site has agreed to and paid for. You further agree that your provision of counseling services will take place through or on this Site and will not be moved to a medium outside of this Site. You agree that you will not connect, reach out, provide services or otherwise attempt to communicate with a Client or customer of this Site on any social media platform, any other website or by any other medium not pre-approved by the Provider.

If for any reason or no reason at all you are unable to respond to Clients or customers of the Site for a period of twenty four (24) hours or more, you agree to notify Provider by email at least two (2) weeks’ prior to such absence; provided, however, that in the case of an emergency, such notice is to be given to Provider as soon as reasonably practicable.

The information you provide will be used to match you with an appropriate Client or customer of the Site in the state or states in which you are licensed. You assume all risk associated with the information you provide as it is used by Provider to match you with a Client or customer of the Site. While Provider does utilize commercially reasonable standards to ensure the validity of all licensing and other information you provide, Provider does not guarantee or make representations on your behalf as to the legality, authenticity or verification of any degrees, licenses, registrations, backgrounds, credentials or compliance with any laws, regulations or ordinances as this information relates to you. Provider is not involved in the relationship between the Client or customer of the Site and you.

The fees, rates, payment options and payment schedules you are entitled to as a part of your contracting with Provider are set by Provider and may be changed by Provider in Provider’s sole discretion. If you believe that has been a payment mistake or dispute, you must submit notification of the same to Provider within thirty (30) days after you knew or should have known of such mistake or dispute.

As a part of your performance of contracted services for Provider, you will have access to a series of training videos covering a range of topics including, for example, but in no way as a limitation, an introduction to the Site and guidelines on how to use the Site. By continuing the contractual relationship with Provider and by accessing and using the Site, you agree and acknowledge that these training videos are in no way comprehensive and are not meant to replace or supplement any rules, regulations or guidelines that you are subject to as a result of your licensure. Provider makes no representation that these videos will be comprehensive or that the information in such videos is accurate, true or correct. Any action you take as a result of watching such videos is solely your responsibility, and you acknowledge and agree that you will not rely solely on the information provided in such videos to provide services to Clients, Provider or any other third-party.

To access the Site or some of the resources offered by Provider, you may be asked to provide certain registration details or other personal or identifying information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to this Site is governed by Provider’s Privacy Policy, and you consent to all actions Provider takes with respect to your information consistent with the Privacy Policy. To access the Privacy Policy, please click here . If you choose, or are provided with, a user name, password or any other piece of information as part of Provider’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity, whether such disclosure is made by written or verbal communication, or via social media, blog, or other web-based platform. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify Provider immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You are responsible for confirming any and all policies that may affect you as an employee or independent contractor with any employer, company or other such entity, and you further agree that any use of this Site in violation of any policy of such employer, company, or other such entity is solely your responsibility. You are responsible for the actions of anyone using your account, whether with or without your permission. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Provider retains the right to suspend or terminate any account and/or disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of this Agreement or the Privacy Policy.

By accessing this Site, you agree and acknowledge that Provider will use commercially reasonable means to protect your personal or identifying information, consistent with the terms of Provider’s Privacy Policy, and that, due to the nature of the Site, there remain inherent risks in the provision of personal and identifying information via this Site. You further agree and acknowledge that Provider cannot guarantee that the information you provide is completely private, secure or protected from cybercrimes such as data theft, interference with firewalls and data security measures or other similar actions. Provider will use commercially reasonable efforts to protect your information,but does not warrant or guarantee that the Site is safe from third-party interference or network failure. You are responsible for implementing reasonable measures to prevent the loss of data belonging to you. You agree to comply with all applicable state and federal laws and regulations that address client privacy and confidentiality and storage of PHI. You further agree that you have no right to the ownership, removal, or deletion of data on the Site. Provider stores personal data as required by law.

In order to operate the Site, Provider will make information that you provide available to Clients, customers and users of the Site, with such information to include personal information related to you and your practice, such as your name, practice address, phone number, email address, a photograph of you and your general practice licensing and information. By accessing and using this Site, you agree and acknowledge that you are solely responsible for the information you provide. Neither Provider nor its affiliates are under any obligation whatsoever to respond to messages or information posted by you on the Site. Any information that you post to the Site is your responsibility and you will be solely responsible for any and all obligations, liability or damages resulting therefrom. Should you choose to post or provide information, you agree to do so only for lawful and morally ethical purposes.

Furthermore, by using this Site, you agree not to post or provide any information or material that:

• In any way that violates any applicable federal, state, local or international law, rule, or regulation (including, without limitation, any laws regarding the transfer or export of data, personally identifiable information or software to and from the United States or other countries);
• Is for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• Transmits any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• Impersonates or attempts to impersonate Provider, a Therapist, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
• Could disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
• Uses any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
• Introduces any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• Attempts to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored or any server, computer or database connected to the Site; or
• Otherwise attempts to interfere with the proper working of the Site.

You hereby agree and acknowledge, and further undertake the following responsibilities with respect to Provider’s Confidential Information (as defined below).

• You will treat and keep all Confidential Information secret and confidential;
• You will not divulge, reveal, publish, communicate or disclose any Confidential Information (directly or indirectly) to any other person, except:
  • with the prior written consent of Company; or
  • as may be required by law in which case you agree to give Provider prior written notice and cooperate with Provider in seeking such legal remedies as may be available to prevent such disclosure;
• You will not use any Confidential Information in any way or for any purpose other than for the benefit of Provider;
• You will not use any Confidential Information for your own personal benefit or for the personal benefit of any other person;
• You will maintain the secrecy and confidentiality of the Confidential Information and ensure that the Confidential Information is not disclosed by any person (in whole or in part) contrary to any of the terms of this Agreement;
• You will not disclose or otherwise make reference to Confidential Information on any social media, website or other web medium beyond or outside the scope of this Site; and
• Under all circumstances, you will be responsible for, and indemnify Provider hereto from and against, all damages, fees, costs and other expenses (including without limitation reasonable attorneys’ fees and costs of court) resulting from any breach of this Agreement by you.

“Confidential Information” means without limitation, all information relating directly or indirectly to the business of Provider, customer lists and customer information, all techniques, processes, methods, technologies, and other information utilized by the Provider, business information, financial data, financial plans, products, equipment, sales information, cost data, personnel, product tests, pricing policies, business plans or business strategies, business concepts, information regarding any acquisition or joint venture arrangements or other enterprises with whom Provider has business relationships, and information disclosed to Provider or its employees by third parties which Provider or its employees are obligated to treat as confidential that is disclosed by or obtained directly or indirectly (whether by the receipt of documents, orally or through observation) from Provider. Furthermore, Confidential Information shall also include all information provided to you by a Client or customer of this Site, subject to any mandatory disclosure or duty to warn requirements.

Confidential information does not include information that is generally available to the public at the time you receive or become aware of such information, or subsequently becomes generally available to the public, other than as a consequence of your breach of the terms of this Agreement or information that is properly and lawfully in your the possession, and which was not obtained directly or indirectly from Provider nor from another source known to you to be bound by a duty of confidentiality to Provider. All reference to Confidential Information in this Agreement shall be to the whole or any part of parts thereof as the context permits.

You understand that Provider cannot and does not guarantee or warrant that the information provided on this Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PROVIDER NOR ANY PERSON ASSOCIATED WITH PROVIDER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER PROVIDER NOR ANYONE ASSOCIATED WITH PROVIDER REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

PROVIDER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL PROVIDER, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify and hold harmless Provider, its affiliates, and their respective officers, directors, employees, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Site, including, but not limited to, the Privacy Policy, any use of the Site’s content, or your use of any services and products and/or information obtained from the Site.

You further agree and acknowledge that you will be solely responsible and liable for any damages to any Client, customer or user of the Site to whom you have provided services and to any Client, customer or user of the Site who suffers damages arising from or in connection with such services you have provided.

You understand that Provider cannot and does not guarantee or warrant that the information provided on this Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PROVIDER NOR ANY PERSON ASSOCIATED WITH PROVIDER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER PROVIDER NOR ANYONE ASSOCIATED WITH PROVIDER REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

PROVIDER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You and Provider agree that any dispute, claim, or controversy between you and Provider relating in any way to this Agreement or to your use of the Site or any services made available by Provider (whether based in contract, tort, malpractice, negligence, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreement) will be resolved by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. There is no judge or jury, but instead an appointed arbitrator, usually with an experienced background in the area of the dispute. There may be more limited discovery than in court. An arbitrator can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief to anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreement.

Either you or Provider may demand and/or file arbitration proceedings. Arbitration between you and Provider will be settled under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”). Arbitration will take place at a location to be agreed upon in Tarrant County, Texas, provided that if the claim is for $10,000 or less, you may request that the arbitration to be conducted be based on documents submitted to the Arbitrator or through a non-appearance based telephonic hearing; or by an in-person hearing as established by the AAA Rules. Your arbitration fees and costs will be limited to the fees set forth in the AAA’s Consumer Rules with the remainder paid by Provider.

Any arbitration must be commenced by filing a demand for arbitration within one calendar year after the date the party asserting the claim first knows or reasonably should know of the basis of the claim. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

Any Therapist or user of this Site who intends to seek arbitration must first send a written notice of the dispute to Provider by certified mail or Overnight Express mail (signature required) to the address listed on the Provider’s website.

In the event that Provider makes any future change to this arbitration provision (other than a change to the Provider address for service), you may reject any such change by sending written notice within thirty (30) days of the change and canceling your subscription to the Site within the same notice period.

If this arbitration clause is found to be unenforceable in part or in the entirety, then the entirety of this clause shall be null and void and, in such case, you and Provider agree and acknowledge that the exclusive jurisdiction and venue as listed in Section 9, below.

Governing Law. THIS AGREEMENT IS GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAW OF THE STATE OF TEXAS, EXCLUDING ANY CONFLICT-OF-LAW RULE OR PRINCIPLE THAT MIGHT REFER THE GOVERNANCE OR THE CONSTRUCTION OF THIS AGREEMENT TO THE LAW OF ANOTHER JURISDICTION. In the event of a direct conflict between the provisions of this Agreement and any mandatory provision of law, the applicable provision of law will control; in all other events, the provisions of this Agreement will control.

Entire Agreement; Amendment and Modification. This Agreement sets and contains all of the terms and conditions between you, as a Therapist, and the Provider. Provider may, at any time and in its sole discretion, amend, alter, modify or replace the terms of this Agreement without notice to you; provided, however, that the Provider shall post any such amendment, alteration, modification or replacement to the Site and such changes will be effective as of the date they are posted to the Site. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Site after the positing of any such change will mean that you accept and agree to such changes. Provider will not be liable if, for any reason, all or part of the Site is unavailable at any time or for any period of time. From time to time, Provider may restrict access to some parts of the Site, or the entire Site, to registered users.

Severability. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any law or regulation of any government, or by any court or arbitrator, such provision shall be replaced with a new provision that accomplishes the original business purpose, or eliminated or limited to the minimum extent necessary, and the other provisions of this Agreement will remain in full force and effect.

Notice. You may communicate directly with Provider by contacting Provider here . Provider does not guarantee any level of promptness or response period. Your communications with Provider will be addressed in the order they are received, and Provider does not warrant that a response will be issued within a certain time frame.

Last Updated: July 3, 2018