UPDATED EFFECTIVE DATE: August 1, 2018
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. No interaction, communication, or exchange of Website Information, of any kind through this Site, is meant or intended to create a psychotherapist-client or other professional relationship invoking any fiduciary obligation. You understand and warrant that you will not seek to hold HealthyPsych, LLC, or any of its officers, directors, employees, contractors, officers and directors liable for any statements or advice disseminated by us, other Registered Users, or third parties regarding actual or hypothetical factual situations.
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 are the owner of all rights to such content or materials and you have 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. 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.
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. Only Registered Users can access the Social Network features of the Site (allows access to interactive forums, activity streams, friend requests and messaging other Registered Users) and/or list their services in the Psych Professional Directory. To become a Registered User, you must register with us. 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:
- Via Email: firstname.lastname@example.org.
- Via Phone: (415) 364-8692
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 email@example.com.
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: Craig Ching, Esq. c/o Law Office of Craig Ching, PC
ADDRESS: 303 Twin Dolphin Drive, Suite 600, Redwood City, CA 94065
PHONE: (650) 632-4356
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.
HealthyPsych, LLC does not determine, guarantee, or qualify the competence of any person listed on this Site in any way. Your use of this Site to locate a Psych Professional is voluntary and at your own risk. You agree that such use will not result in any liability against HealthyPsych, LLC. In no event shall HealthyPsych, LLC be liable for damages to any user of this site for the voluntary selection of a Psych Professional, for the services provided by any Psych Professional listed, or for any other damages which may occur. 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 OR FROM WEBSITE CONTENT.
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.
22. Directory Submissions: By listing in our directory of “Psych Professionals” you are attesting that you are a “Psych Professional” as defined in Section 23 below.
“Psych Professional” means a person who holds a valid and active license or certification from a professional organization recognized by federal or state law. A “Psych Professional” also means a person who holds a license or certification from an educational organization or professional organization and governing body recognized by his or her professional peers and the general community. A “Psych Professional” also means a person who is a licensed or certified behavioral health professional with advanced training in psychological/behavioral science and/or mind-body therapies. A “Psych Professional” also means a “Wellness Practitioner” which includes, but is not limited to bodyworkers, yoga therapists, life coaches, reiki practitioners, and others that may or may not hold a formal certification or license. HealthyPsych, LLC does not qualify or check the certification of any User who holds himself out as a Psych Professional.
Examples of licenses and certifications include, but are not limited to:
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
*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.
“Registered User” means a user of the Site who has registered an account with HealthyPsych, LLC.
“Site” means the Web site, located at www.healthypsych.com.
“User” is a person who uses a computer or network service to access the Site.
“we” or “us” means HealthyPsych, LLC.
“Professional Psych Directory” refers to the searchable directory of listings of “Psych Professionals.”
“Social Network” refers to the free features on the Site that are only available to Registered Users, including, but not limited to profile pages, interactive forums, activity streams and internal messaging.
“Website Content” means all materials, information, software, products, and services included in or available through the site.
UPDATED EFFECTIVE DATE: August 1, 2018
1.2. NOTICE CONCERNING CHILDREN
PLEASE NOTE: Although we are a general audience site, we do not direct any of our content specifically at persons under 18 years of age (“Children”). 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, blogpost, or send communications (“Communications” includes but is not limited to emails and internal messages) to the Site;
ii) When Users send communications to other Users (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 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 that User 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 the 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.
(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
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 STREAMS/BLOG POSTS
Any User, whether Registered or not, can make comments on blog posts and other pages on the Site. The Site also utilizes interactive forums, profile pages and activity streams that Registered Users can participate in. Please remember that any information that is disclosed in these areas becomes public information, unless otherwise noted.
All information posted in the forum is available to the public, but Users can choose to restrict who views comments/updates made directly on their activity stream (e.g., can share those with only those designated as “Friends” on the Site, for example).
The Site also displays each User’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 User profile page, under “Activity”). You can see an example of this by clicking here (note: you must be logged in to the Site to view this page: https://healthypsych.com/forum/members/healthypsych/. This information is available to the public, unless otherwise noted.
Please note that HealthyPsych LLC cannot control what other Users, including those designated as “Friends” on the Site, do with this information. 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 firstname.lastname@example.org or calling us at Phone: (415) 364-8692.
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.
“Registered User” or “Member” means a user of the the Site who has registered an account with HealthyPsych, LLC.
The “Site” means the Website located at URL: https://www.healthypsych.com.
“User,” “Users,” “Site User,” or “Site Users” means visitors or users of the Site.
“our” “us,” “we,” or “Company” means HealthyPsych, LLC.