Last Updated January 20, 2023
While we hope the Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face evaluation and/or care in every particular situation.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE RELEVANT AUTHORITIES (CLICK HERE FOR A LINK TO EMERGENCY AND CRISIS RESOURCES IN YOUR AREA). THE WEBSITE IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND OUR THERAPISTS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
Affirmative Representations and Covenants.
By agreeing, and continuing, to access the Website and use the Services, you agree and certify as follows:
- Unless you are acting as a guardian on behalf of a minor and in accordance with these Terms, you agree and confirm that your use of the Website, including the Services, are for your own personal use only and that you are not using the Website or the Services for or behalf of any other person or organization.
- You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt (including by obtaining or attempting to obtain unauthorized access to), any of our systems, services, servers, networks or infrastructure.
- You acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of your use of the site, and you agree to indemnify us for any such damage or loss.
To use the Website, you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or disqualified from access to or use of the Website and/or the Services. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE WITHOUT THE CONSENT OF THEIR LEGAL PARENT OR GUARDIAN.
As long as you have access to the Website or use the Services, you agree not to:
- Use the Website for any illegal purpose, or in violation of any local, state, national, or international law;
- Violate or encourage others to violate the rights of third parties, including intellectual property rights;
- Post, upload or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful or otherwise inappropriate;
- Interfere in any way with security-related features of the Website;
- Interfere with the operation or any user’s enjoyment of the Website, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
- Access, monitor, store, distribute or copy any content or information of the Website using any robot, spider, scraper, data mining techniques or other automated means or any manual process for any purpose without the Company’s express written permission;
- Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
You acknowledge and agree that you relinquish and hereby irrevocably assign to the Company all right, title and interest in any ideas or suggestions that you submit to the Company through the Website. This Website, its features and all of its content (including, without limitation, text, designs, sounds, pictures, page headers, graphics, logos, button icons, images, user interfaces, software, source code, databases and other files, in each case inclusion the selection and arrangement thereof, as well as any intellectual property rights therein) (the “Content”) is protected by applicable copyright and other intellectual property laws and are the exclusive property of the Company or our licensors or suppliers and is protected by United States and international patent, trademark, trade secret, copyright and other intellectual property laws. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission and may not be used for any purpose other than browsing and using the Services. All trademarks, trade dress, logos, trade names and service marks on the Website (the “Marks”) belong to the Company, except third-party trademarks or service marks, which are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. The Marks (whether or not registered) may not be used, altered, modified or copied in any manner without our prior written permission and are protected under intellectual property laws. The names and logos of Psychology Works of California are trademarks and/or service marks of the Company.
Modification of the Terms.
The Company reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Website or the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms. We will notify you of any material changes to the Terms by posting a notice to our website . Your continued use of the Services following such notice will be deemed acceptance of any modifications to the Terms.
Modification of the Website.
The Company reserves the right to modify or discontinue, temporarily or permanently, some or all of the Website at any time without any notice or further obligation to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Website.
You agree that you will be personally responsible for your use of the Website, and you agree to defend, indemnify, and hold harmless the Company and its affiliates and its and their respective directors, officers, employees and agents from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Website; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party in which the Company or any of its affiliates might be involved. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense by the Company of such claim.
Restrictions on the Use of the Materials in The Website.
You understand, acknowledge and agree that the Company has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites, and is not responsible for the legality, accuracy, or appropriateness of any such content. The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites.
You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Services. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Website and the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems.
There are always certain security and access availability risks associated with using open networks such as the Internet, and you expressly assume such risks.
Any conduct by you that in the Company’s sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted. You agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. In addition, you shall not post any materials that: (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Website. You agree not to attempt to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breach security or authentication measures without proper authorization. You further agree not to: (1) interfere or attempt to interfere with the use of the Website by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (2) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the services; (3) post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation; avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Company; (4) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Website. Any violation of this section may subject you to civil and/or criminal liability. You agree not to encourage or enable any other individual to do any of the above. You alone are responsible for the content and consequences of any of your activities. You are solely responsible and liable for the User Generated Content or other information you submitted.
If you breach any of these Terms, your permission to access and use the Website and the Services will immediately and automatically terminate without need for any further action by the Company. In addition, the Company, in its sole discretion, terminate some or all of your access to the Services at any time, with or without notice to you. After your relationship is terminated, the Company may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Website.
Disclaimer and Limitation of Liability.
The Website provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although the Company seeks to maintain safe, secure, accurate, and well functioning services, we cannot guarantee the continuous operation of or access to the Website, and there may at times be inadvertent technical or factual errors or inaccuracies. The Company specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Website. The Company does not guarantee the accuracy or completeness of, and disclaims all liability for, any errors or other inaccuracies or insufficiencies in the information, content, recommendations, and materials made available through the Website. Please note that this Website may contain typographical errors or inaccuracies and may not be complete or current. The Company therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Furthermore, the Company and its affiliates will not be liable for any delay, difficulty in use, computer viruses, malicious code, or other defect in Website, any incompatibility between the Website and the user’s files and the user’s browser or other Website accessing program, or any other problems experienced by the user due to causes beyond the control of the Company and its affiliates. No license to the user is implied in these disclaimers.
In no event will the Company be liable to you or any other person for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not the Company has been informed of the possibility of such damage. We in no way imply that the materials on the Website are appropriate or available for use outside of the United States. If you use the Website from locations outside of the United States, you are responsible for compliance with any applicable local laws. In addition, you may not use or export the materials in violation of U.S. export and other applicable laws and regulations.
You understand, agree and acknowledge that our aggregate liability for damages arising with respect to your access to and/or use of the Website and the Services will not exceed the total amount of money paid by you in the 12-months period prior to the date of the applicable claim.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (Disclaimer and Limitation of Liability) shall survive the termination or expiration of these Terms.
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Dispute Resolution by Binding Arbitration.
In the interest of resolving disputes between you and Company in the most expedient and cost-effective manner, you and Company agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s) and that no awarded relief can’t affect other users. In no event shall you bring a class action on behalf of the users of the Website or the Services.
The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall our waiver of any breach or default of any provisions of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of Particular provisions.
In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.