Terms of Use and Privacy Policy

HEALTHYPSYCH, LLC – TERMS OF USE
EFFECTIVE DATE: March 1, 2014

1. Acceptance of Terms Through Use.  By using HealthyPsych, LLC’s Web site, located at www.healthypsych.com (the “Site”), you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”). HealthyPsych, LLC (hereinafter referred to as “we” or “us”) may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the Site immediately.

2. Permitted Use.  You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. The content and software on this Site is the property of HealthyPsych, LLC and is protected by U.S. and international copyright laws.

Furthermore, by accessing this Site, you understand that the purpose of the Site is to serve as a conduit of communication and exchange of ideas and developments in psychology to improve discourse and understanding about the field and its impact on the human experience.  HealthyPsych, LLC strives to create a respectful environment for all.  By registering to utilize the Site, you are agreeing to comply with this respectful intent in all material posted or communicated.  The Site does not exist to provide psychological counseling services that can only be rendered by a licensed professional.  As a result, you understand that no psychotherapist-client or other professional relationship invoking fiduciary obligations exists between users or between users and HealthyPsych, LLC of any kind.  You understand and warrant that you will not seek to hold HealthyPsych, LLC liable for any statements or advice disseminated by us, users, or third parties regarding actual or hypothetical factual situations.

3. Limited License.  You are hereby granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use.   We may change, suspend, or discontinue any aspect of the Site at any time. We may also, without notice or liability, impose limits on certain features and services or restrict your access to any or all portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

4. Violation of the Terms of Use.  You understand and agree that HealthyPsych, LLC in its sole discretion, and without prior notice, may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if HealthyPsych, LLC believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of HealthyPsych, LLC, or any third party, or violates the law. You agree that monetary damages alone may not provide a sufficient remedy to HealthyPsych, LLC for violations of these Terms of Use and you consent to injunctive or other equitable relief in addition to monetary damages for such violations. HealthyPsych, LLC may release user information about you if required by law or subpoena.

5. Copyright Policy.  We may terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, a valid defense or a fair use exemption to do so. If you submit information or content to the Site, you warrant that the information or content does not infringe the copyrights or other rights of third parties.

6. Representations by You.  By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; and (b) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

7. Accounts.  During the registration process you will be asked to select a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur in the account through the password you create. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of HealthyPsych, LLC, or an agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session.

To notify HealthyPsych, LLC of any potential unauthorized use(s) of your account, or breach of security contact us by:

  1. Sending an email to: info@healthypsych.com.
  2. Sending a message through the HealthyPsych.com member page located at the following URL: http://healthypsych.com/forum/members/healthypsych/ then select “private message” from this page after you have signed into the page.

You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that HealthyPsych, LLC, in its sole discretion, deems offensive.

8. License Granted by You.  By providing content or information to us, including by submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us.  .  Furthermore, you agree to indemnify, defend, and hold HealthyPsych, LLC harmless from any third party copyright, trademark, service mark, or patent infringement lawsuit initiated against us arising from any materials submitted by you through the Site or for inclusion on the Site. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

9. Advertising.  The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

10. No Commercial Use.  This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain HealthyPsych, LLC’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. HealthyPsych, LLC will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

11. Links and Search Results.  The Site contains links to sites operated by third parties throughout the World Wide Web. HealthyPsych, LLC has no control over these sites or the content within them. We do not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer.  By using the Site to search for or link to another site, you agree and understand that you may not make any claim against HealthyPsych, LLC for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at info@healthypsych.com.

12. Intellectual Property.  You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by HealthyPsych, LLC or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Site or its contents as expressly permitted in this Terms of Use and for no other purpose. HealthyPsych, LLC, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks or used under license by HealthyPsych, LLC. The use or misuse of any of these materials is strictly prohibited.

13. Digital Millennium Copyright Act Policy.  If you are notifying HealthyPsych, LLC of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C.A. § 512:

a. A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;

b. A description of the allegedly infringing material and information sufficient to permit us to locate the material;

c. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;

d. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and

e. A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

14. Designated Agent for Notification of Claimed Copyright Infringement.

NAME: Ronnie R. Gipson Jr., Esq. c/o Higa & Gipson, PC
ADDRESS: 55 New Montgomery Street Suite 510, San Francisco, CA 94105
E-MAIL: gipson@higagipson.com
PHONE: (415) 692-6520
FAX: (415) 692-6522

15. DISCLAIMER OF WARRANTIES.YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER HEALTHYPSYCH, LLC, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

16. LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES SHALL HEALTHYPSYCH, LLC, OUR SUBSIDIARIES, AGENTS, EMPLOYEES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

17. Indemnification.  You agree to defend, indemnify, and hold HealthyPsych, LLC and our subsidiaries and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims; including but not limited to the actions specified in Paragraph 8 above, expenses, including attorney’s fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

18. International Use.  By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. HealthyPsych, LLC makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.

19. Choice of Law.  This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of California, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site that either you or HealthyPsych, LLC initiates shall be filed only in one of the following judicial jurisdictions:  Alameda County Superior Court of California, or The United States District Court for the Northern District of California. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

20. Integration and Severability.  This Terms of Use constitutes the entire agreement between HealthyPsych, LLC and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

21. Headings.  Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.

22. Directory Submissions: In order to list your practice in our directory of psych professionals, you must be a certified or licensed professional. This means that you hold a license or certification from a professional organization and governing body recognized by your professional peers and the general community.  By listing in our directory of “Psych Professionals” you attest that you’re a licensed or certified behavioral health professional with advanced training in psychological/behavioral science and/or mind-body therapies.

Examples of licenses and certifications include:

MFT – Marriage and Family Therapist
LCSW – Licensed Clinical Social Worker
MD – Medical Doctor
ND – Naturopathic Doctor
NP – Nurse Practitioner
PhD./PsyD. – Licensed Psychologist
PC – Professional Counselor
PCC – Professional Certified Coach*
CMT – Certified Massage Therapist*
CYT – Certified Yoga Teacher*
ACM – Accredited Case Managers
Psychology/Counseling Interns**

Notes:
*Requires advanced training in mind-body therapies / techniques that address psychological and behavioral issues.
**Interns (e.g., MFTi and ACW) must be supervised according to their State requirements and the supervisor should be noted in the “License/Certification” section on your listing.
*** “Counselors,” “Coaches” and other types of psych professionals without formal certification or licensing are required to submit a CV/Resume to initiate the approval process. Send CV/resume to: info@healthypsych.com with subject line: Directory Application. Thank you.

 

HEALTHYPSYCH, LLC – PRIVACY POLICY
EFFECTIVE DATE: March 1, 2014

1. INTRODUCTION

1.1. PURPOSE OF POLICY.   HealthyPsych, LLC (“us,” “we,” or “Company”) is committed to respecting the privacy rights of visitors to and users of the Website located at the following URL:  https://www.healthypsych.com (the “Site”). We created this Website Privacy Policy (this “Policy”) to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection and use practices and policies that differ materially from this Policy.

1.2. NOTICE CONCERNING CHILDREN

PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 18 years of age. Children are strictly prohibited from utilizing the Site.  We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is under age 18, then we will promptly delete the account and any personal information in that user’s account.

2. INFORMATION COLLECTION PRACTICES

2.1. WHAT BASIC INFORMATION DOES THE COMPANY COLLECT?

In operating the Site, Company may collect information from User registration; online surveys; online forms that ask users to provide their names, e-mail addresses, and other information; and information in communications sent by Users to the Site.  Users hereby understand and agree that no expectation of privacy exists in this information.  As a routine practice, the Company maintains information when the User engages in any of the activities described below, including but not limited to the following:

i) When Users post or comment on an article, forum, blog post, or send communications (“Communications” includes but is not limited to emails and internal messages) to the Site;

ii) When Users send communications to one of the Expert Authors or when Users communicate with another Member/friend (Please note: only the intended recipient of these messages will be reading them; the Site does not eavesdrop on internal communications);

iii) When Users purchase something from us, the Users payment information is submitted directly to the credit card processor, who is responsible for its use and security.  A record of the transaction is stored on the Site;

iv) When Users register to be listed as a Member on our Site, we collect information that will be used to create a User’s profile on the Site. We may collect additional information for our records that may not be displayed as part of the User’s directory profile, but is necessary to check the information provided or to accept payment from the User; and

v) When Users open communications from us in a User’s email program, we may use a software technology called “web beacons” to let us know which emails have been opened by the recipients. This procedure and practice allows us to know how well customers respond to certain communications and the effectiveness of our marketing campaigns.

2.2. WHAT ADDITIONAL INFORMATION DOES COMPANY COLLECT?

(a) AUTOMATIC COLLECTION. Our servers automatically recognize visitors’ domain names and IP addresses (the number assigned to computers on the Internet). No personal information about you is revealed in this process. The Site may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.

(b) COOKIES. From time to time, we may use the standard “cookies” feature of major browser applications that allows us to store a small piece of data on your computer about your visit to our Web site. We do not set any personally identifiable information in cookies, nor do we employ any data capture mechanisms on our website other than cookies. Cookies help us learn which areas of our site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at our Web site may be diminished and some features may not work as they were intended.

3. USE AND SHARING OF INFORMATION

3.1. WHAT DOES THE COMPANY DO WITH COLLECTED INFORMATION?

(a) PERSONAL INFORMATION. We will not share your personal information (e.g., your name and email address) with any third parties without your consent, except as necessary in conjunction with the provision of communication exchange services of our Site or to comply with the law. We may use your personal information to verify your identity, to check your qualifications, or to follow up with transactions initiated on the Site. We may also use your contact information to inform you of any changes to the Site, or to send you additional information about Company.  HealthyPsych, LLC reserves the right to use direct advertising, or third-party advertising companies to send ads when Users visit our Site (e.g. GoogleAds®).  These companies may use information (not including personal information such as User name or email address) about a User’s visit to our Site and other websites in order to provide advertisements about goods and services that may be of interest to Users.

(b) ANONYMOUS INFORMATION. We use anonymous information to analyze our Site traffic, but we do not examine this information for individually identifying information. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer our site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.

(c) USE OF COOKIES. We may use cookies to deliver content specific to your interests, to save your password so you don’t have to re-enter it each time you visit our site, or for other purposes. Promotions or advertisements displayed on our site may contain cookies. We do not have access to or control over information collected by outside advertisers on our site.

(d) DISCLOSURE OF PERSONAL INFORMATION. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Company or its subsidiaries or affiliates, (2) protect and defend the rights or property of Company or the users of the Site, or (3) act under exigent circumstances to protect the safety of the public or users of the Site.

(e) SALE OF INFORMATION. In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected through this Web site.  If Company or substantially all of its assets are acquired, customer information will be one of the assets transferred to the acquirer.

(f) ACCESS TO INFORMATION. Unfortunately, we do not maintain any procedures for you to review or request changes to the information that we collect about you, except that you may request that we remove all information about you from our database by contacting us in accordance with Section 6.1 below.

3.2 INFORMATION EXCHANGED DOES NOT CREATE A DOCTOR/PATIENT RELATIONSHIP

Users of the Site are intended to utilize the site as a communication exchange of ideas pertaining to psychology and the human condition.  The Company does not vet, control, employ, or make representations or warranties regarding the Users’ qualifications.  Therefore, the Company does not assume and User agrees that Company shall not be held liable for any resulting injury or damages resulting from a User’s adherence to or rejection of suggested actions/omissions conveyed from one User to another User through the medium of the Site.  Accordingly, the Company does not intend that any communications from the Company or any of the Users of the Site shall constitute therapeutic advice from a licensed healthcare professional.  Therefore, no Doctor/Psychotherapist/Psychologist/Psychiatrist privilege is created regarding the communications exchanged on this Site.  By accepting this Privacy Policy, Users hereby agree, warrant, and understand that their communications placed on this Site are voluntary and that the Users do not expect privacy protection for those comments pursuant to any State or Federal Law.

4. SECURITY

The Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

5. WEBSITE AREAS BEYOND COMPANY’S CONTROL

5.1. PUBLIC FORUMS/ACTIVITY LOGS

The Site utilizes interactive forums including but not limited to message boards and chat rooms.  Please remember that any information that is disclosed in these areas becomes public information, unless otherwise noted (e.g., a forum area that is restricted to certain members; only those members would be privy to content exchanged, although HealthyPsych LLC cannot control what other members do with this information).

The site also displays each Member’s activity on their profile page (e.g., when a User posts comments to the blog or forum, or when a User last logged in to the site, this information is displayed on the Member profile page, under “Activity”).  You can see an example of this by clicking here: http://healthypsych.com/forum/members/healthypsych/.  This information is available to the public.

Accordingly, you should exercise caution when deciding to disclose your personal information anywhere on the Site.

5.2. THIRD PARTY WEBSITES

The Site may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.

6. CONTACT INFORMATION AND POLICY UPDATES

6.1. CONTACTING US

If you have any questions about this Policy, our practices related to this Site, or if you would like to have us remove your information from our database, then please feel to contact us by sending an email to info@healthypsych.com or alternatively by sending a message to Healthypsych, LLC via this link: http://healthypsych.com/forum/members/healthypsych/. Please note: you have to first register, in order to send us a message via the link provided.

6.2. UPDATES AND CHANGES

We reserve the right, at any time, to add to, change, update, supplement, or modify this Policy, simply by posting such change, update, or modification on the Site and without any other notice to you.  Any such change, update, or modification will be effective immediately upon posting on the Site. It is your responsibility to review this Policy from time to time to ensure that you continue to agree with all of its terms.

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