Terms of Service

Last updated: April 27, 2018

Hello, and welcome to TherapyRising’s Terms of Service

Overview

This website (www.TherapyRising.com) is owned and operated by TherapyRising. Throughout the site, the terms “we”, “us” and “our” refer to TherapyRising.

We provide a professional therapist website design, hosting, support and maintenance services (collectively, the “Service(s)”) and would love to have you as a customer. Our Services provide you with website design and development, and ongoing support for your website while still allowing you to retain ownership over the content of the website and the content that you choose to publish.

We want you to feel free in what you choose to publish on your website. However, please be aware that you are solely responsible for what you publish and the results thereof. Please make sure that none of the prohibited items listed below shall appear on your site, or get linked to from your site.

You are also solely responsible for the way you handle potentially sensitive data. Using the website, Services, or products in a way that does not comply with the medical, sensitive, or personal data security laws of your country, state, or locality is strictly prohibited.

Terms

Please read these Terms of Service (“Terms”) carefully. By accessing or using our website or Services, you agree to be bound by these Terms and all terms incorporated herein by reference and/or available by hyperlink. Do not use our websites or Services if you do not agree to all of these Terms. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page.

We reserve the right to update, change, modify or replace any part of these Terms at any time and in our sole discretion by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

We reserve the right to refuse Service to anyone for any reason at any time.

Your TherapyRising.com Account and Website

When you sign up to our Service, you will have an account at TherapyRising.com. You will also have a separate account to access the backend of your website and blog. Together, these are referred to as your “Account(s)”.

When creating your Accounts you must provide accurate and complete information. It is important that you keep your Accounts’ passwords secure and confidential. You agree that you shall be solely responsible for all activities or actions that are performed under your Accounts (including by any of your authorized users), whether or not you have authorized such activities or actions. You must notify us immediately of any breach of security or unauthorized use of your Accounts that you become aware of. If you are under 18 years of age, please do not attempt to sign up for Services or create an Account or send any information about yourself to us, including your name, address, telephone number, or email address. Children under the age of 18 may not use our Services.

You agree that you are solely responsible for any and all actions taken within the Accounts and for any content you publish on your website or blog. TherapyRising will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Account Holder Conduct and Responsibilities

When you sign up to our Services and we create a website and blog for you, you are free to create and publish content on your blog and website. However, be aware that whatever you publish (or you allow a third party or contributor to publish for you) to your website, whether it be text, links, images, graphics, code, audio, video or anything else (referred to as “Content”) is your sole responsibility and you are entirely responsible for the content of, and any harm resulting from, that Content. If you use any Content in your blog that you found on the web, be aware that the Content may be subject to copyright and make sure you are allowed to use it legally. You are solely responsible for any issues or damages that may arise from using Content on your website or blog that you do not own. We cannot and will not be liable for any loss or damage arising from your failure to comply.

By operating your website and blog, creating and publishing Content on your website or blog, you represent and warrant that:

• any Content you post does not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• the Content you post does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content that may undermine our website, your website, the websites of our clients, or visitors’ computers;
• you will not partake in any unsolicited or unauthorized advertising or marketing methods, such and but not limited to, junk mail, spam, and other unsolicited advertising methods;
• your website and brand name represents your true identity and you will not pose as another entity in order to boost your rankings or mislead potential customers;
• you will not post or publish materials to your website that are meant to lure in potential customers with “clickbait” or other deceptive methods of attracting visitors;
• the Content is not pornographic in nature;
• the Content is not hateful, vulgar, obscene, or abusive;
• the Content is not false, misleading, factually inaccurate, or intentionally exaggerated;
• the Content does not promote violence of any kind;
• In addition to the prohibitions set forth above, you are also prohibited from using your website or blog:
  for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose;
• to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

Payments, Renewals and Refunds

Payments

To begin our Services you agree to pay TherapyRising the initial setup fee plus the monthly (or annual) subscription fee as indicated. The initial setup fee and the first month (or year) subscription fee is charged on a prepaid basis and covers the use of our Service for the following month (or year). The payment for your next billing period, be it monthly or yearly, will be charged on the first day of the next cycle, depending on the day of your initial sign up. If we choose to prorate your billing cycle, your subsequent billing period will begin on the first day of the next month, or the first day of the next year. The initial setup fee is not refundable.

Automatic Renewals

Your Service subscription payment will automatically renew at the start of your next billing cycle, unless you notify TherapyRising that you would like to cancel the Service. You authorize us to collect the applicable monthly or yearly subscription fee (plus any applicable taxes) using any credit card or other payment method we have on record for you. If you wish to cancel Service you must notify us at least 14 days prior to the end of your current billing cycle. If you notify us that you would like to cancel Service in the middle of your billing cycle, Service will be terminated at the start of the next billing cycle. We do not offer any refunds or partial refunds for subscription payments.

Refunds

We are not able to offer any refunds at this time. The initial setup fee is non-refundable. Monthly subscription payments are non-refundable. We do not offer any partial refund for monthly subscription payments. For annual payments, if you decide to cancel Service within the first 30 days of signup, we will refund the full amount, minus the setup fee, first month fee, and a $100 cancellation fee.

What You Own

You own all of the Content on your website, including the text on the pages and all of your blog posts, including images and other media you have posted, as long as you have the proper rights to own the images and other media. You also own your domain name and email addresses. However, you do not own the website code, theme, or platform that it functions on. TherapyRising is a design, hosting, support, and maintenance service and empowers you to have a great website and to publish Content on your website. If you choose to cancel Service with us, you do not own the code of your website, the source files, or the theme. You only own the Content within the website. If you cancel Service with us, you are not allowed to transfer your website to another provider using the same design layout and code. Once you cancel your website Service with us, we have no obligation to provide you with any source files of the website. All of the source files of the website belong to and are owned by TherapyRising.

Responsibilities of Website Visitors

TherapyRising cannot and will not review all of the material or Content that is posted to our website or the website or blog of our clients, and we are therefore not responsible for the Content, use or effects. We do not claim that all of the Content posted on our website or blog, or on our clients’ website or blog, is accurate, useful, or non-harmful. You are solely responsible for the result or implementation of such Content and TherapyRising cannot be held liable for any loss or damage that may occur as a result of said Content. Damage may include implementation of advice given in the Content, or harm to your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content.

The Content may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions.

TherapyRising cannot be held liable or responsible for any harm resulting from the use by visitors of our website, or the website of our clients.

Domain Names

Your website that we create for you will need a domain name. Whether you register a new domain name, use a domain name you have already registered, or transfer your domain name to us for management, you agree that the domain name is subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

Our domain name policies apply whether or not TherapyRising is managing and registering your domain on your behalf or not.

When TherapyRising Manages Your Domain Name For You

You may decide to allow us to manage your domain name for you. Although we are not a domain registrar, we will register the domain in your name, manage it, and renew the domain yearly on your behalf. You agree to allow TherapyRising to be the technical, administrative, and billing contact for your domain while the domain will be registered to your name.

If you decide to cancel our Services, we will transfer the domain to you in a timely manner as long as your Account with us is in good standing and all outstanding balances have been paid in full.

While we do our absolute best to renew your domain name on time, we cannot be held liable if the domain name fails to be renewed due to your late payment, interruption in service of our registrar, or for any other reason.

When Managing Your Domain Name Yourself Under Your Own Account

You may decide to register and keep your domain name with any domain registrar of your choice within your own account. When doing so, please be aware that you are completely responsible for the management, monitoring, and for ongoing payment renewals of your domain name. TherapyRising cannot be held responsible for any issues that may arise, or the expiration or loss of your domain name. That being said, we will still support you if you have any questions regarding the management of your own domain name.

Email

We are not an email service provider. TherapyRising will support and assist you with setting up your email provider of choice and configuring your email and DNS records to work with your domain name but we are not responsible for the ongoing management or ongoing payment renewals of your email provider. We are not liable for any interruptions in your email service, DNS record problems, or for any other reason. You agree that managing your email is your sole responsibility.

Images

When creating your website, we use royalty free images from various free stock photography websites. We many also on occasion purchase stock photos to be used on your website. We can also use images that you provide us. It is your responsibility to ensure you have the full rights to use images you provide us, or images you use for your website or blog in the future. Please be aware that images may be subject to copyright, and be sure that if you use an image from the internet, or any other place, you are allowed to use it legally. TherapyRising is absolved of all legal issues that may arise due to our clients utilizing an image without the full rights to said image.

Risk of Accidental Site Breakage

You will have access to the backend of your website and blog via your Account. If you choose to manage your website and its features via your website’s WordPress Account to add, edit, or remove Content, add plugins, make updates, run backups, or make any other adjustments to your website, there is a risk of breaking the website if something goes wrong that you don’t know how to fix. In any case, We are not responsible for your actions, and we may need to charge you a fee to fix the issue. While we support and encourage you to manage your Account as you see fit, please be aware of the risks involved and always feel free to contact us for support if you feel confused in any way.

Attribution

TherapyRising reserves the right to display attribution links such as ‘Website by TherapyRising.com,’ photo credits, or font attribution in your website and blog footer. Footer credits may not be removed.

Interview Call Recording

Included in our Service to you is assistance in writing website Content that authentically and effectively reflects and represents who you are as a therapist. In the case of you deciding to utilize this Service, we will call you over the phone to interview you and ask questions about you, your practice, your skill sets, and anything else that may be pertinent to assisting you in writing your website Content. The call will be recorded in order for us to transcribe your answers and create the website Content for your website pages. You agree to allow us to record this call and use it to create the transcription in any way we see fit. This recording is available to you upon request.

Data Security

It is strictly prohibited to use TherapyRising.com or the website and Service we provide to store or transmit any of your or your clients’ potentially sensitive medical or personal data. By using our site or Services, you acknowledge that we may not be secure to the level that may be required for compliance to keep such data secure in your state or country. You agree not to use our site or Services in any way that may be considered illegal in your state or country regarding data security.

Content Backups

Included in our Service to you are regular backups of your website files, but our backups do not come with a warranty. You are solely responsible for maintaining backups of your Content and accept the risk of loss if our backups fail.

Third Party Access

When we are developing your website, some of our Services provided to you may require us to access accounts you hold with third party providers, such as, but not limited to, your domain name registrar account, your email provider account, social media accounts, your therapist directory profile account, or any other account. We will require you to provide us with your login information for those accounts in order to set up and/or configure our Services to you. When you provide us with this account login information, you agree to give TherapyRising access to these third party accounts. You also agree that you have read all contracts, terms, or written agreements regarding setting up those accounts, or with regard to providing us access to these accounts. You also grant access to TherapyRising to post, modify, edit, or submit information to said accounts in order to perform our Service to you.

Third Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Information On Our Websites or Blogs

We are not responsible if information made available on our website, or on any of our clients’ websites or blogs, is not accurate, useful, complete or current. The material on this site, and on our clients’ websites, is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site, or on our clients’ sites, is at your own risk. TherapyRising cannot and will not be held liable for any loss or damages resulting from information contained on our site or any of our clients’ sites.

Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall TherapyRising, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Indemnification

You agree to indemnify, defend and hold harmless TherapyRising and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California, United States, in the English language.