YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
This Agreement sets and contains all of the terms and conditions between a user of ProvenTherapy.com services (“you” or “Member”) and ProvenTherapy. By clicking the “Yes” button and then the “Continue” button to submit the Member registration form, a binding agreement will be executed between you and ProvenTherapy. The Member should therefore read this Agreement carefully. If, however, you (the Member) do not agree to be bound by this Agreement, click the “No” button. In such case you will not be able to register as a Member at ProvenTherapy.
By registering as a Member and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of the ProvenTherapy Privacy Policy, which is incorporated into this Agreement.
ProvenTherapy.com provides a platform where Members can locate a Therapist and ask for counseling or psychotherapy service. ProvenTherapy will enable a Member to negotiate and communicate with Therapists and to pay for services provided by such Therapists. ProvenTherapy makes no representation or warranty whatsoever as to (a) the willingness or ability of any Therapist to give advice, (b) whether the Member shall find the advice given by a Therapist satisfactory, (c) whether the advice of the Therapist will provide an adequate solution to his or her question, or (d) whether the Therapist advice will otherwise be suitable to his or her needs. ProvenTherapy does not verify the skills, degrees, qualifications, credentials or background of any Therapists. Therefore, Member is encouraged to independently verify the skills, degrees, qualifications, credentials and background of those Therapists from whom he or she receives or contemplates to receive advice or services.
PROVENTHERAPY DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, OR OTHER SERVICES PROVIDED BY THERAPISTS, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY THERAPIST. PROVENTHERAPY DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ITS THERAPISTS OR ANY ADVICE PROVIDED, INCLUDING ANY INFORMATION CONTAINED IN ANY THERAPIST LISTING. PROVENTHERAPY WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY MEMBER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY THERAPIST.
IF A MEMBER CHOOSES TO INTERACT WITH ANY MENTAL HEALTH PROFESSIONAL OR OTHER PROFESSIONAL THERAPIST ON THE SITE, THE MEMBER RELATIONSHIP (AS WITH ALL OTHER THERAPISTS) IS STRICTLY WITH THE PROFESSIONAL. PROVENTHERAPY IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE ADVICE OR INFORMATION GIVEN THEREIN, AND DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY SUCH THERAPIST.
THE ADVICE OR INFORMATION PROVIDED BY PROFESSIONAL THERAPISTS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO- FACE SESSION OR THERAPY. MEMBERS SHOULD NOT RELY SOLELY ON ADVICE PROVIDED BY MENTAL HEALTH PROFESSIONALS OR THERAPISTS ON THE SITE. PROVENTHERAPY STRONGLY RECOMMENDS THAT A MEMBER SEEKING MENTAL HEALTH OR MEDICAL ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH QUALIFIED PROFESSIONALS.
ProvenTherapy does not endorse or recommend any mental health professional, medical professional or Therapist on the Site. Member understands that it is his or her responsibility to check the certification and/or licensing of the mental health professional or other professional Therapist with the applicable state licensing Board or authorities in the Therapist’s state or country.
Member acknowledges no Therapists are employees or agents of ProvenTherapy and ProvenTherapy assumes no responsibility for any act or omission of any such Therapist. Member understands and agrees that, although a mental or medical health professional or other professional Therapist may have been accessed through the Site, ProvenTherapy cannot predict or assess the competence of, or appropriateness for Member's needs, of the professional or other Therapist.
Member also understands that Member takes full responsibility for the decision to access a mental health professional or other Therapist through the Site and to continue to interact with the medical or mental health professional or other Therapist, and that the role of ProvenTherapy is strictly limited to providing access to such professionals and other Therapists and their services for Member's consideration.
Member hereby releases and agrees to hold harmless ProvenTherapy, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of medical or mental health professionals, or any other Therapists accessed through the Site.
IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
Opinions of the medical or mental health professionals and other Therapists are solely their opinions, and not those of ProvenTherapy. Owner or staffs of ProvenTherapy.com does not assume any liability or responsibility for the accuracy of the content on the Site, including the biographical information, qualifications, credentials or other data regarding the mental health professionals or
other Therapists. ProvenTherapy does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by a Therapist.
Member should independently verify the qualifications, experience and credentials of any Therapist engaged by Member.
ProvenTherapy.com may contain content, including financial information, provided by third parties. Such content is provided for informational purposes only and is not intended for trade or investment purposes. Furthermore, ProvenTherapy.com may operate bulletin boards pursuant to which Therapists may answer questions regarding various topics. As noted above, ProvenTherapy does not warrant the validity, accuracy, or availability of the content and Therapist advice provided and it will not be liable for any damages sustained by Member due to reliance on such information or advice.
The information furnished by Therapists is intended for general reference purpose only. The consultation with Therapists via ProvenTherapy.com cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Therapists. Any information on ProvenTherapy.com and information furnished by Therapists is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER'S FULL AND SOLE LIABILITY.
MEMBER ACKNOWLEDGES AND AGREES THAT THE PROVENTHERAPY.COM SERVICE IS PROVIDED “AS IS”, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS PROVENTHERAPY IN RESPECT TO PROVENTHERAPY’S THERAPISTS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF PROVENTHERAPY.COM IS AT THE MEMBER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, PROVENTHERAPY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
PROVENTHERAPY EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY THERAPISTS. IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY A THERAPIST FOLLOWING THE USE OF PROVENTHERAPY.COM, MEMBER MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS PROVENTHERAPY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUB- CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE MEMBER DECIDES TO RECEIVE AND/OR TO RELY ON. PROVENTHERAPY WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES OR INFORMATION ACQUIRED THROUGH PROVENTHERAPY.COM. THE PURCHASE OF SERVICES IS EFFECTED AT THE MEMBER'S SOLE RISK.
UNDER NO CIRCUMSTANCES WILL PROVENTHERAPY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS
AGREEMENT. PROVENTHERAPY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO THERAPISTS THROUGH PROVENTHERAPY.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. MEMBER ACKNOWLEDGES AND AGREES THAT PROVENTHERAPY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A THERAPIST IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY AND HOLD PROVENTHERAPY HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
PROVENTHERAPY WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN A THERAPIST AND A MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A THERAPIST.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH PROVENTHERAPY.COM, THE MEMBER HEREBY RELIEVES PROVENTHERAPY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
Member Agreement
By submitting the Member registration form, you, the Member, represent, warrant and agree to the following:
You are at least 18 years of age or a legally organized entity, that he or she is authorized to represent the person who is submitting a Member registration, and that he or she is authorized to sign the registration form on his or her behalf and bind him or her;
The information furnished by you in the registration form is accurate, true and complete, and you will maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.
Member's Conduct:
You, the Member, will be solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. You warrant and declare that while you are using ProvenTherapy.com you will act according to the following rules and agree to the following:
Member will have the sole responsibility to verify the Therapist's identity, qualifications, credentials, biographic information, licenses held, and other information delivered to Member by a Therapist;
In addition, ProvenTherapy cannot and will not make any effort to verify the identity, qualifications, credentials, biographic information and any of information regarding any of the Therapists;
ProvenTherapy is not involved in any transactions between Member and Therapist. ProvenTherapy does not control the quality, relevance or accuracy of the advice, whether the Therapist is qualified to provide the specific advice, whether the Therapist is categorized correctly or in the most appropriate category to provide the advice sought by the Member, the accuracy of any postings on the Site or any transmissions through it by Members or Therapists.;
Member agrees that any information or content that he or she posts or transmits or receives through ProvenTherapy.com will not be considered confidential. Member grants ProvenTherapy.com an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis.
Member consents to ProvenTherapy.com collecting and processing any personal information, as per the terms of ProvenTherapy’s Privacy Policy.
All interactions between Member and Therapist will be billed through ProvenTherapy regardless if the interaction is online or offline. Member agrees to abide by the pricing terms agreed upon with a Therapist while utilizing ProvenTherapy.com and to pay ProvenTherapy for all services rendered to Member by Therapists;
Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site. Currently only ratings for paid sessions will count towards the Therapist's public ratings and rating average. ProvenTherapy also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the member feedback system.
Member will not to interfere with or disrupt the ProvenTherapy.com servers or networks connected to the Site;
Member will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, “spam”, or any unsolicited mass distribution of email or bulletin board postings;
Member will not transmit through the Service any unlawful, harassing, libellous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind;
Member will not disobey or breach this Agreement or any other applicable instructions conveyed by
ProvenTherapy;
Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
Member will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
ProvenTherapy enables the transfer of files between Members and Therapists. When opening such file attachments received from Therapists it is the Member's responsibility to scan them with an anti-virus software application prior to opening them;
Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity;
Member will not stalk, threaten or harass Therapists or other Members or infringe upon or attempt to infringe upon their privacy; and;
ProvenTherapy may review the Member's personal profile and amend any typing or spelling errors. ProvenTherapy cannot and will not examine the validity or accuracy of the details in the Member's personal profile or in any of the Member's postings or transmissions. However, ProvenTherapy may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member. Without derogating from the above, ProvenTherapy may remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing ProvenTherapy.com, including reliance on its accuracy, reliability or legality.
Member and ProvenTherapy Fees
ProvenTherapy will use reasonable efforts to process the payments due from the Member according to the terms agreed upon between Member and a Therapist.
Member is obligated to report to ProvenTherapy in cases when he or she was billed directly by a Therapist (i.e. not through ProvenTherapy). Such report should include a description of the service that was rendered by the Therapist and the price charged.
ProvenTherapy's billing system is not fault-free or flexible; therefore ProvenTherapy shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Member. If the Member thinks that a mistake has occurred he or she may send his or her complaint to accounts@ProvenTherapy.com.
User Name and Password
When you, the Member, create and open an account with ProvenTherapy, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify ProvenTherapy of any unauthorized use of Member's password, user name, e-mail, or any
other breach of security. ProvenTherapy encourages Member to change their password at least once a month. ProvenTherapy will not be liable for any loss that you incur as a result of someone else
using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by ProvenTherapy due to someone else’s use of your account or password.
Privacy
Member Information
Member does not have to furnish the information required for registration to ProvenTherapy.com. However, without that information Member will not be able to use the services of ProvenTherapy.com. ProvenTherapy is the sole owner of the information collected on this Site. ProvenTherapy will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that ProvenTherapy may collect, process, and transfer any information, private or otherwise, so long as ProvenTherapy does so for the purpose for which it was collected.
In order to use ProvenTherapy.com, both Members and Therapists must first complete a registration form. During registration the Member is requested to furnish contact information, such as name and email address. This information may be used to contact the Member about the services on ProvenTherapy.com in which he or she has expressed interest, and is also used as Member's login information. Member may be asked to provide additional personalized information (such as experience and qualifications, areas of interest, profession, education, etc.) and unique identifiers (such as a screen name), so ProvenTherapy may provide a more personalized experience on the Site. In such case the Member may decide whether he or she wishes to provide such information or not.
The information furnished by the Member during the registration process will be kept in ProvenTherapy's database. ProvenTherapy will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and ProvenTherapy will therefore not be liable for any direct, indirect, consequential or incidental damage that the Member may sustain due to unauthorized intrusion of the database. Member consents to ProvenTherapy collecting and processing Member’s personal information for normal business use by ProvenTherapy.
Member Communications
ProvenTherapy does not screen or edit the content of communications between Therapists and Members, but ProvenTherapy may copy, transmit and review communications conducted by or through ProvenTherapy.com for technical support and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal and private. Currently, chat communications between the Member and ProvenTherapy's servers are encrypted. Chat communications between the Therapist and ProvenTherapy's servers are also encrypted. Email and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring. MEMBER IS PROHIBITED TO EXCHANGE HIS/HER CONTACT INFORMATION DIRECTLY TO THE THERAPIST UNDER ANY CIRCUMSTANCE. ANY COMMUNICATION TO THE THERAPIST SHOULD BE THROUGH PROVENTHERAPY PLATFORM AND MEMBER OR THERAPIST SHOULD NOT ENTER HIS/HER CONTACT DETAILS THROUGH THE MESSAGE BODY. Any communication between Member and Therapist including live chat, telephone, email, offline communication, etc. may be recorded for training and quality purposes.
Cookies
ProvenTherapy makes use of cookies to store information. A cookie is a piece of data stored on the Member's hard drive containing information about the Member. For instance, by accepting a cookie by ProvenTherapy.com, the Member will not have to enter his or her login information (his or her email and password) every time he or she logs into his or her account, thereby saving time while on ProvenTherapy.com. If the Member rejects the cookie, he or she may still use ProvenTherapy.com; however, the Member will simply have to login each time he or she visits the Site. Cookies can also be used to enable ProvenTherapy to track and target the interests of the Member in order to enhance his or her experience on ProvenTherapy.com. Of course, if the Member shares his or her computer with others, others may be able, with certain browsers or under certain circumstances, to read the Member's communications with Therapists and ProvenTherapy.com.
ProvenTherapy Use of Data
ProvenTherapy uses IP addresses to analyze trends, administer the site, track a Member's movement, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to improve the Member's experience when using the Site. ProvenTherapy may also retain any emails, letters, or other correspondence between the Member and ProvenTherapy to ensure quality control and the best possible service, although it has no obligation to do so.
ProvenTherapy may use the information furnished by the Member, as well as information that it collects regarding use patterns and transactions that are conducted through ProvenTherapy.com, in order to improve ProvenTherapy.com, to analyze statistical information regarding ProvenTherapy.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Member personally.
ProvenTherapy may from time to time send e-mail advertisements to Members, whether the material is its own or is commercial information furnished by third parties. Member is given the opportunity to 'opt-out' of having his or her information used for purposes not directly related to ProvenTherapy.com at the point when ProvenTherapy asks for such information. ProvenTherapy's registration form has an 'opt-out' mechanism to allow for removal from newsletters, promotions, etc., and Members can always choose to 'opt-out' by following the appropriate procedure from within the Member's ProvenTherapy account.
Ratings and testimonials provided by Members on ProvenTherapy.com are public and are identified by the Member's Screen Name. If the Member elects to use ProvenTherapy's referral service for informing a friend about the Site, ProvenTherapy asks the Member for the friend's name and email address. ProvenTherapy will automatically send the friend a one-time email inviting them to visit the Site. ProvenTherapy stores this information for the sole purpose of sending this one-time email. The friend may contact ProvenTherapy to request the removal of this information from its database.
ProvenTherapy reserves the right to partner with another party to provide specific services. When the Member signs up for these services, ProvenTherapy will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.
ProvenTherapy may assign, transfer, rent, sell or lease its database, without giving the Member any prior notice, to any other subsidiary of ProvenTherapy's holding company, ProvenTherapy's subsidiaries and, in any case of merger or bankruptcy to the surviving entity after such merger or bankruptcy or to any third party that will ratify ProvenTherapy's privacy policy. ProvenTherapy may divulge to a third party personally identifiable information and transaction details according to a judicial writ, demands of governmental authorities, and in any legal proceedings between ProvenTherapy and the Member. In addition, ProvenTherapy may disclose personally identifiable information to the Therapist or to public authorities to deal with emergency situations or situations where the Member's safety may be in jeopardy.
ProvenTherapy may, in its discretion, create co-branded web sites with its partners. In such case, the Member listings may appear in the co-branded site. Unless Member agrees otherwise, all personally identifiable information is stored solely by ProvenTherapy. ProvenTherapy does track and record an affiliate web site from which a visitor has linked to ProvenTherapy.com. If a visitor registers to become a Therapist and/or a Member, ProvenTherapy may track the partner website's name in
order to further the relationships ProvenTherapy has with its affiliates.
General
If a Member wishes to update his or her personally identifiable information, such as a mailing address, or if a Member no longer desires ProvenTherapy's service, ProvenTherapy will endeavour to provide a way to correct, update or opt-out of any of ProvenTherapy's services. This can usually be done from within the Member's ProvenTherapy account, or by emailing our Customer Support.
If the Member has any questions about ProvenTherapy's privacy statement, the practices of ProvenTherapy.com, or your dealings with ProvenTherapy, please contact ProvenTherapy's service department at info@proventherapy.com
Links
ProvenTherapy.com may contain links to web sites operated by third parties. ProvenTherapy has no control over such sites and the information provided in them. The Member acknowledges and agrees that ProvenTherapy is not responsible for the availability of such third party web sites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. The Member warrants and agrees that ProvenTherapy will 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 or reliance on any such content, products or services available on or through any third party web sites. ProvenTherapy encourages the Member to be aware when he or she leaves ProvenTherapy.com and to read the privacy statements of each and every web site that collects personally identifiable information.
Advertisements
ProvenTherapy may include in ProvenTherapy.com advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Member may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Member acknowledges and agrees that ProvenTherapy is not liable for the privacy practices of advertisers or the content of their web sites, information, messages or offers. The Member is wholly liable for all communications with advertisers and for all transactions subsequently executed.
Modifications and Termination of ProvenTherapy.com
ProvenTherapy reserves the right to modify or discontinue, temporarily or permanently, the services in ProvenTherapy.com, with or without notice to Member. Member agrees that ProvenTherapy shall not be liable to Member or any third party for any modification or discontinuance of ProvenTherapy.com's services, or for any losses or damages that may result to Member from such discontinuation or interruption of service.
ProvenTherapy's services depend on various factors such as software, hardware and communications networks of ProvenTherapy, its contractors and suppliers. Hence, ProvenTherapy cannot guarantee that ProvenTherapy.com's service will be uninterrupted or that it will be timely, secure or error-free.
ProvenTherapy, in its sole discretion and for any reason, may terminate Member's participation in
ProvenTherapy.com and refuse any and all current or future use by Member of ProvenTherapy.com.
Intellectual Property
ProvenTherapy is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in ProvenTherapy.com and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein.
ProvenTherapy.com contains copyrighted material, trade secrets and proprietary information owned by ProvenTherapy. This Agreement does not grant the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of ProvenTherapy.com. The Member may not create derivative software based upon any trade secret, intellectual property or proprietary information of ProvenTherapy. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in ProvenTherapy.com.
The Member may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of ProvenTherapy's and ProvenTherapy.com, or take any other action that infringes upon or impairs ProvenTherapy's trademark rights.
ProvenTherapy shall retain all ownership in and to ProvenTherapy.com and all content displayed on
ProvenTherapy.com, including copies of data transferred or received by Member through the Site.
Copyright Policy:
ProvenTherapy respects the intellectual property of others, and we ask our users to do the same. ProvenTherapy may, in appropriate circumstances and at its discretion, terminate the account or
access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please write to ProvenTherapy to info@proventherapy.com and provide the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• a description of where the material that you claim is infringing is located on the Site, including the URL;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Limited License
ProvenTherapy grants Member a nonexclusive, revocable right to use the Site provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, or breach this Agreement.
Indemnification
Member shall indemnify, defend and hold harmless ProvenTherapy, and its employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against ProvenTherapy or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Member according to this Agreement; (b) Member's refusal to pay for services provided by any Therapist; or (c) any materials that Member had posted to ProvenTherapy.com or transmitted through it, and/or any content on Member's Web site or otherwise provided by Member.
Notice
Any notice or other communication to be given hereunder will be in writing and given by electronic mail. The date of receipt shall be deemed the date on which such notice is given.
No Assignment
Member shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of ProvenTherapy. Any purported assignment by Member without the appropriate prior written approval will be null and void and of no force or effect.
Modifications to this Agreement
ProvenTherapy may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, Member agrees to be bound by such changes to this Agreement.
Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Kerala, India (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in Kerala, India. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the
policies referenced herein and incorporated by reference) constitutes the entire agreement between
ProvenTherapy and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by ProvenTherapy with respect to the subject matter except as set forth herein.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
The Member may report any violation of this Agreement to info@proventherapy.com. Last Updated: Jan, 2012.
