NURTURED MIND TERMS OF SERVICE/VISITORS
The following terms and conditions constitute an agreement between you and NURTURED MIND, (“NURTURED MIND,” “we,” or “us”), the operator of nurturedmind.org (the “Site”). These Terms of Service (the “Terms of Service”) govern your use of the Site, both as a casual visitor and as a registered user.
By accessing, browsing or using our Website, you become a “Visitor”. Your accessing, browsing or using this Website constitutes your agreement to all terms, conditions, and notices, and any changes to the Terms of Service made by NURTURED MIND.
THESE TERMS AND CONDITIONS ARE BINDING ON YOU (TOGETHER WITH ANY OTHER PERSON OR ENTITY ON WHOSE BEHALF YOU USE THE SITE, “YOU”). BY USING THE SITE YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that you consent to resolve in the State of Delaware any dispute that you may have with us, or the Site. Without limiting the foregoing, you acknowledge that third parties may have a relationship with NURTURED MIND that is governed by different agreements or terms and conditions and, you waive any claim against NURTURED MIND with respect to such differing terms and conditions. Please note that we offer the Site “AS IS” and without warranties. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Service on such individual’s or entity’s behalf.
Finally, these Terms and Conditions contain a binding arbitration clause and class action waiver at section 23 that impact your rights about how to resolve disputes. Please read carefully.
About the Site
Everything we offer on the Site is referred to in these Terms of Service collectively as the “Services”. Some of what is on the Site is viewable without registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy. You acknowledge that although the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you on the Site (including Information provided in direct response to your questions or postings) may be provided by individuals in the mental health profession, the provision of such Information does not create a clinical professional/patient relationship, and does not constitute an opinion, mental health advice, or diagnosis or treatment of any particular condition, but is provided only to assist you with locating appropriate affordable mental health care from a qualified practitioner. A mental health professional listed on our Service are referred to herein as a “Provider” or a “Clinician”.
We Do Not Provide Medical/Mental Health Advice
The Information that you obtain or receive from NURTURED MIND and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site is for informational and scheduling purposes only. THE INFORMATION PROVIDED ON THE SITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MENTAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MENTAL HEALTH ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MENTAL HEALTH NEEDS. IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MENTAL HEALTH EMERGENCY CALL 911. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MENTAL HEALTH CARE OR THE PROVISION OF MENTAL HEALTH CARE. We do not recommend or endorse any specific tests, mental health professionals, procedures, opinions, or other information that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.
No Doctor/Mental Health Professional Patient Relationship
NO LICENSED MENTAL HEALTH PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SITE INCLUDING, BUT NOT LIMITED TO, THE FIND A CLINICIAN FEATURE, LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE MENTAL HEALTH PROFESSIONAL OR SPECIALIST IN ANY FIELD. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
We have no control over, and cannot guarantee the availability of any Provider at any particular time. We are not a party to the dealings between You and any Provider, including posts, email, phone, text message, or other communication, proposals, screening, selection, contracting, and provision of Provider Services. We do not introduce You to Clinicians or Clinicians to You. We merely make the Site available to enable You to identify and determine the suitability of a Provider for yourself and to enable Providers to identify and determine the suitability of patients for their practice. NURTURED MIND does not direct, has no control over, makes no representations, and does not guarantee the quality, safety, timeliness, or legality of Provider services; the truth or accuracy of engagement requests, listings and profiles; the qualifications, background, or identities of Members; the ability of Providers to deliver services; Your ability to pay for Provider services; or that You and a Provider can or will complete a transaction, appointment, or engagement.
We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Site or Services whatsoever. You are strongly advised to perform your own investigation prior to selecting a mental health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular mental health professional by confirming with the practitioner’s office, your current mental health therapist, and/or the state mental health licensing board.
Authorization and Acknowledgement
In connection with using the Site and the Services to locate and schedule appointments with mental health professionals, you understand that: • NURTURED MIND selects mental health professionals to be featured on the Site based on a pre-existing contractual agreement with those professionals. • NURTURED MIND will provide you with a list of mental health professionals who maybe suitable to deliver the mental health care that you are seeking based solely on the information that you provide to NURTURED MIND (proximity to your geographical location and additional criteria that you specify) (Please see Section 3 above regarding us having no role in a relationship between You and a Provider and not making any endorsement of any Provider); you are ultimately responsible for choosing your own mental health professional.
Editorial Control
We make the Site available as a service to consumers and health care professionals for the purposes of providing an informative and educational resource. We may, but have no obligation to, have nonuser-posted information reviewed by the Site’s editorial personnel. It is important to note, however, that the timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information. You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified mental health professional. PRACTITIONER INFORMATION: Provider and practice information found on the Site is intended for general reference purposes only. Clinician and other health provider information found on the Site is both self-reported, by the Clinician and/or office staff, and collected from multiple other data sources that may not be confirmed by the Provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Site nor NURTURED MIND provides any advice or qualification certification about any particular Provider. Our relationship with sponsors or Providers in a particular area is based on criteria we establish. You are encouraged to independently verify any such information. PROCEDURES/PRODUCTS/SERVICES: The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such therapies, products, and services. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
Registration
User must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. User may be asked to choose a password and a User name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify NURTURED MIND immediately of any unauthorized use of User’s account or any other breach of security. You may notify us by sending an email to info@openpathcollective.org. NURTURED MIND will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by NURTURED MIND or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members (“Credentials”). You should keep your Credentials private and not share your Credentials with anyone else.
Your Personal Information & Medical/Health Information
In order to register, you must provide certain personal and medical information about yourself. You may voluntarily submit, and hereby authorize NURTURED MIND, its employees, agents and others operating on its behalf, to use and/or disclose personal and health-related information about you, including, without limitation, your name, address, and contact information; medical and social history; current medical needs; and other information that is either requested by NURTURED MIND or volunteered by you (“Personal Information”). NURTURED MIND may view emails that you send to mental health practitioners from our site. This information will never be shared with outside parties. The NURTURED MIND Privacy Policy explains the information practices that apply to Personal Information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully.
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects the secrecy of protected health information regarding individuals. This protected information generally includes individually identifiable health information. This is information created or received by a health care provider, health plan, employer, or health care clearing house, relating to past, present, or future health conditions or care, and identifying the individual it relates to.
HIPAA requires covered entities to maintain the secrecy of this protected health information. Protected health information is defined in HIPAA.
NURTURED MIND AND THE SITE ARE NOT COVERED ENTITIES AND ARE NOT SUBJECT TO HIPAA PRIVACY RULES. We enable patients and Clinicians to connect with each other, but are not a health care company.
Any health information shared on the Site or with a Clinician is a matter of YOUR choice and YOURS alone. We will never request that You provide individually identifiable health information to any party through any means on the Site. However, when you choose to communicate with a Clinician through our Site that Clinician will be able to see your name.
We also ask that You exercise discretion and care in the determination to share health information and selection of health information to share on the Site, with other Members or Users, and with Clinicians.
BY USING THE SITE YOU ACKNOWLEDGE AND AGREE THAT ANY HEALTH INFORMATION YOU CHOSE TO SHARE IS AT YOUR DISCRETION AND AT YOUR OWN RISK.
Your Responsibilities
You are responsible for all use of the Site and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Site and the Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to): • copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services; • remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services; • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services; • access, retrieve or index any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical clinicians; • reformat or frame any portion of the web pages that are part of the Site and/or the Services; • create user accounts by automated means or under false or fraudulent pretenses; or • collect or store personal data about other users in connection with the prohibited activities described in this paragraph. In addition to our rights in these Terms of Service, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
Changes to These Terms of Service
We may change these Terms of Service at any time, as we reasonably deem appropriate. Upon any change in these Terms of Service, we will post the amended agreement on the Site with notice of the changes. Your continued use of the Site and/or the Services following such notification shall constitute your affirmative acknowledgement of the Terms of Service, the modification and agreement to abide and be bound by the Terms of Service, as amended. If at any time you choose not to accept these Terms of Service, including following receipt of notification of any modifications hereto, then please do not use the Site.
Changes to the Services
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by these Terms of Service. You agree that NURTURED MIND will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
Links to Other Sites
The Site may include links to other websites or frame information from other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide and we make no warranties or representations of any kind whatsoever regarding those websites, including the products, software, materials, services, content, completeness, accuracy or appropriateness of content on such linked websites. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
Additional Terms
Certain of the Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Service. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
Pricing for the services selected shall only apply to the applicable service identified. Based upon each individual Provider’s judgment, other treatment, services, tests and/or interventions may be necessary and may result in additional costs to you. Any such other treatment, services, tests and/or interventions performed by a Clinician or other medical provider will be billed as an additional charge to you by such Clinician or other medical provider. Please see the section on Fees for more information.
Cancellation policy –Please note, You are subject to each Provider’s private practice policies in terms of missed or cancelled sessions. NURTURED MIND will not be responsible for any fees incurred between the Provider and client, and this cancellation and refund policy does not apply to any fees or services between You and a Provider.
No Spam
You may not use contact information provided by our users or collaborating Providers, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
Content You Post or Submit
You will have the opportunity to submit feedback regarding your experiences with Providers who are featured on the Site. You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information. You may not provide feedback that: (i) is false or intentionally misleading; (ii) harasses or advocates harassment of another person; (iii) violates the rights of any person; (iv) is threatening, obscene, defamatory or libelous, or (v) otherwise creates any liability for NURTURED MIND or any of its affiliates or users of the Site. NURTURED MIND reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the access of such violators or blocking your use of the Services and/or the Site.
Your Use of Content
Except for Posted Content that you or any other visitors to the Site submit, all of the Information available on or through the Services and/or the Site, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain NURTURED MIND’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, NURTURED MIND and its suppliers do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by NURTURED MIND to you are retained by NURTURED MIND.
Fees
We do not collect fees for services offered by Providers.
Providers offer their services for fees that may be listed in the Site for 50-90 minute psychotherapeutic sessions. These fees are due to the Provider at the time of the appointment.
Late Cancellation Fees. If you cancel your appointment, your cancellation will be subject to the cancellation, refund, and rescheduling policies of your Provider. NURTURED MIND cannot control any fees that may be charged to a User regarding a cancellation, late arrival, rescheduling, or other occurrence..
Indemnification
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Service by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
Electronic Contracting and Notices
Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.
No unlawful or prohibited use
As a condition of your use of the NURTURED MIND website, you warrant to NURTURED MIND that you will not use the NURTURED MIND website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NURTURED MIND website in any manner which could damage, disable, overburden, or impair the NURTURED MIND website or interfere with any other party’s use of the NURTURED MIND website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NURTURED MIND website.
Liability disclaimer
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER CONTENT, DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NURTURED MIND MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. NURTURED MIND DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
THE INFORMATION PROVIDED ON THE SITE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MENTAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MENTAL HEALTH ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SITE FOR EMERGENCY MENTAL HEALTH NEEDS. IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MENTAL HEALTH EMERGENCY CALL 911. YOUR USE OF INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MENTAL HEALTH CARE OR THE PROVISION OF MENTAL HEALTH CARE. We do not recommend or endorse any specific tests, mental health professionals, procedures, opinions, or other information that may appear on the Site. If you rely on any of the Information provided by the Site, you do so solely at your own risk.
THE INFORMATION, AND SERVICES INCLUDED IN THE SITE OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NURTURED MIND MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCESS. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE OUR SITE OR OUR SERVICES OR (B) $65. UNDER NO CIRCUMSTANCES WILL OUR SITE OR OUR SERVICES BE DEEMED TO INCLUDE ANY SERVICE PROVIDED BY A PROVIDER.
NURTURED MIND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. NURTURED MIND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NURTURED MIND AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NURTURED MIND HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE SOLUTION IS TO DISCONTINUE USE OF THE SITE.
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 EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
Termination or restricted access; Choice of Law; Entire Agreement; Severability; Waiver
NURTURED MIND may terminate and/or suspend your access immediately, without notice, if there has been a violation of these Terms of Service or other policies and terms posted on the Site by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason but will attempt to notify you in advance of such cancellation or suspension. NURTURED MIND shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in New Castle County, Delaware, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NURTURED MIND as a result of this agreement or use of the Site. NURTURED MIND’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NURTURED MIND’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by NURTURED MIND with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NURTURED MIND with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NURTURED MIND with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of NURTURED MIND to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Copyright Dispute Policy
NURTURED MIND has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of NURTURED MIND’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided at the bottom of this section. NURTURED MIND Policy. It is NURTURED MIND’s policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue service to repeat offenders. Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification”): • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; • Identification of works or materials being infringed; • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that NURTURED MIND is capable of finding and verifying its existence; • Contact information about the notifier including address, telephone number and, if available, email address; • A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Upon Receipt of a Bona Fide Infringement Notification. Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is NURTURED MIND’s policy: • to remove or disable access to the infringing material; • to notify the content provider, member or user that it has removed or disabled access to the material; and • that for repeat offenders, NURTURED MIND will also terminate such content provider’s, member’s or user’s access to the service. Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below: • A physical or electronic signature of the content provider, member or user; • Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled; • A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and • The content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which NURTURED MIND is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. Removal. If a counter-notice is received by the Designated Agent, NURTURED MIND may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at NURTURED MIND’s discretion. Address for Designated Agent. Please contact NURTURED MIND’s Designated Agent to Receive Notification of Claimed Infringement at the following address: NURTURED MIND PO Box 172144, Denver, CO 80217 Phone: 720-772-7879 Email: info@nurturedmind.org
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH NURTURED MIND AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Delaware as applied to contracts made and to be performed entirely within Delaware, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Service or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of Delaware, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.
Arbitration Agreement; Claims. This remaining paragraphs of this Section 23 are referred to as the “Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 23’s Opt-Out Procedures below, you and NURTURED MIND (together, the “Parties”) agree that any and all disputes or claims that arise between you and NURTURED MIND relating to the NURTURED MIND Service and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of Section 15, above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.
Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 23’s Opt-Out Procedures below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties’ dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND NURTURED MIND AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH Section 23’s Opt-Out Procedures BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND NURTURED MIND AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, 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 PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER NURTURED MIND USERS.
Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at info@nurturedmind.org or by mail at NURTURED MIND, PO Box 172144, Denver, CO 80217. If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.
Arbitration Procedures. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted by one neutral arbitrator in accordance with the rules of the American Arbitration Association (“AAA Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. The AAA Rules are incorporated by reference. You either acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 20. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
The arbitration will be held in the county in which NURTURED MIND’s principal offices are located. If the value of the relief sought is $10,000 or less, you or NURTURED MIND may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and NURTURED MIND subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or NURTURED MIND, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different NURTURED MIND users, but is bound by rulings in prior arbitrations involving the same NURTURED MIND user to the extent required by applicable law. As limited by the Federal Arbitration Act, these Terms and the applicable AAA Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be shared equally by you and NURTURED MIND, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, NURTURED MIND will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, NURTURED MIND will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse NURTURED MIND for all fees associated with the arbitration paid by NURTURED MIND on your behalf that you otherwise would be obligated to pay under the AAA Rules.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability. If any term, clause or provision of this Section 23 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 23 will remain valid and enforceable.
Opt-Out Procedure. You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice (“Opt-Out Notice“) in accordance with the terms of this Section 23’s Opt-Out Procedures. For new NURTURED MIND users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. If you are already a current NURTURED MIND user and previously accepted the NURTURED MIND Terms, the Opt-Out Notice must be postmarked no later than [insert date 30 days after the adoption date of these Terms]. You must mail the Opt-Out Notice to NURTURED MIND PO Box 172144, Denver, CO 80217. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the NURTURED MIND Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with the non-arbitration terms of this Section 23 and Section 21.
Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against NURTURED MIND prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against NURTURED MIND prior to the effective date of removal.
Assignment
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and the Services under the new ownership. You may not assign, transfer or sublicense these Terms of Service to any one else and any attempt to do so in violation of this section shall be null and void.
TERMS OF SERVICE/THERAPISTS
The following Terms of Service constitute an agreement (“Agreement”) between you (“Therapist”) and NURTURED MIND Psychotherapy Collective, (“NURTURED MIND”), the operator of nurturedmind.org (the “Site”). Therapists, who are each licensed professionals, offer behavioral health services (“Services”) to any person who accesses the Site. The Site can be accessed by any person and those persons who choose to access NURTURED MIND,
In order to access certain aspects of the Site or perform certain functions, Therapist must become a “Member Therapist” of our Site. As part of the registration process for access you will be asked to review the Terms of Service intended for Member Therapists and asked to confirm your consent to be bound by them. By clicking “submit”, you confirm that you have read these Terms of Service, that you understand them, and that you agree to be bound by them.
Changes to These Terms of Service
NURTURED MIND may change these Terms of Service at any time, as NURTURED MIND reasonably deems appropriate. Upon any change in these Terms of Service, NURTURED MIND will post the amended agreement on the Site with notice of the changes. Therapist’s continued use of the Site and/or the Services following such notification shall constitute Therapist’s affirmative acknowledgement of the Terms of Service, the modification of the Terms of Service, and Therapist’s agreement to abide and be bound by the Terms of Service, as amended. If at any time you choose not to accept these Terms of Service, including following receipt of notification of any modifications hereto, then please do not access or use the Site.
Electronic Contracting
Your affirmative act of using this Site and/or registering for the Site or the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with NURTURED MIND electronically.
Entire Agreement
This written Agreement represents the entire understanding between and obligations of Therapist and NURTURED MIND and supersedes all prior understandings, agreements, negotiations, and proposals, whether written or oral, formal or informal between the parties. Any additional writings shall not modify any limitations or remedies provided in the Agreement. There are no other terms or conditions, oral, written, electronic or otherwise. There are no implied obligations. All obligations are specifically set forth in this Agreement. Further, there are no representations that induced this Agreement that are not included in it. The only operative provisions are set forth in writing in this Agreement.
Severability
If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid.
Relationship
The relationship between NURTURED MIND and Therapist shall be that of independent contractor and nothing herein shall render Therapist an employee, representative, or agent of the NURTURED MIND. This Agreement does not constitute a contract of employment or agency. There is no employer/employee relationship between NURTURED MIND and Therapist and neither NURTURED MIND nor Therapist is an agent of the other.
Applicable Laws
Therapist agrees to be bound by any and all applicable local, state, federal or international law, statute, ordinance, rule, regulation, or ethical code in relation to the advertising, selling, and performance of Services on the Site and to his/her relationship and interactions with the Members and with NURTURED MIND.
No Minimum Commitment
The parties acknowledge and agree that NURTURED MIND has no obligation to make any minimum commitment of work, time, or compensation to Therapist. Therapist agrees that NURTURED MIND cannot guarantee income as a result of Therapist’s inclusion on the Site. The parties acknowledge and agree that NURTURED MIND does not guarantee any referrals of Members and makes no representations regarding the number or volume of interactions Therapist will have with Members.
Marketing Activities
NURTURED MIND shall obtain Therapist’s consent prior to using the name of Therapist for any marketing activity.
Background Checks
Therapist acknowledges that NURTURED MIND may, at any time, conduct or have conducted a background check of Therapist. NURTURED MIND reserves the right to conduct further background checks on Therapist at any time, with or without notice and with or without cause.
Criminal Activity
Therapist will provide immediate written notice to NURTURED MIND of any of the following:
Therapist’s Licensure and Fitness
Therapist’s acceptance of this Agreement is an attestation that Therapist is properly and duly licensed to provide Services and is in compliance with all laws, regulations, or other professional governance within Therapist’s state/s of practice. Therapist also agrees that this requirement shall include any law, rule, or other guidance/requirement put forth by any governmental, quasi-governmental, or private entity.
Therapist agrees to provide NURTURED MIND with current copies of Therapist’s license upon request. Therapist agrees to undergo any credentialing, licensure verification, and/or professional ongoing monitoring by NURTURED MIND or a third-party organization facilitated by NURTURED MIND. Therapist will provide immediate written notice to NURTURED MIND of any of the following:
Accurate Representation and Honesty in Dealing
Therapist agrees that at all times he/she will provide correct and accurate representation of his/her skills, degrees, qualifications, background, and other information, whether this information is provided to NURTURED MIND, to the Member, and on any form submitted to or presented on the Site. He/she will also provide the same correct and accurate representation of his/her skills, degrees, qualifications, background, and other information to the Members, including but not limited to, in any kind of communication or providing services to Members.
Therapist agrees not to mislead Members to believe that he/she can provide a service which is outside of Therapist’s field of licensed expertise. Therapist agrees that he/she shall be the person actually performing the Services. Therapist shall not be permitted to substitute personal performance of the Services with another individual without the express prior written consent of NURTURED MIND.
Confidentiality and Non-Disclosure
In the course of performing his/her obligations and responsibilities under this Agreement, Therapist may receive business, financial, technical, and other information, which is confidential and proprietary in nature (“Confidential Information”), belonging to NURTURED MIND, its Members, or other third parties to whom NURTURED MIND has an obligation of confidentiality or non-disclosure. Therapist agrees:
Therapist shall take all reasonable steps to observe and comply with these restrictions.
No Unlawful or Prohibited Use
As a condition of your use of the NURTURED MIND Site, Therapist warrants that Therapist will not use the NURTURED MIND Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the NURTURED MIND or interfere with any other party’s use of the Site. Therapist may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Specifically, Therapist agrees and commits not to make any use of the Site for the posting, sending or delivering of any of the following:
No Authority to Contract on Behalf of NURTURED MIND
Therapist will not, and will not have the authority to, without the prior written consent of NURTURED MIND, enter into any contract or commitment in the name of, or on behalf of, NURTURED MIND or bind NURTURED MIND in any respect whatsoever, or represent him/herself as a partner, joint venturer, agent, or employee of NURTURED MIND.
Emergencies
Therapist will not provide services for any Members presenting with a life-threatening emergency without immediately and concurrently instructing Member to immediately call 911, the National Suicide Prevention Lifeline, or other emergency lifeline.
Medical Diagnoses
Regardless of Therapist’s professional and educational training, he/she agrees to never engage in the practice of medicine through the Site, including, without exception, diagnosing medical conditions and prescribing or dispensing any medications.
Intellectual Property
Therapist agrees that he/she will not use the protected intellectual property of any individual, organization, or company (including NURTURED MIND) during the course of Therapist’s affiliation with NURTURED MIND. Protected intellectual property shall include words, descriptions, pictures, images, or any other medium used to sell or advertise goods or services, particularly where there exists the possibility that said words, descriptions, pictures, images, or other medium are copywritten, trademarked, or otherwise subject to any form of intellectual property protections. Therapist will immediately remove or cause to be removed from the Site any words, descriptions, pictures, or images that violate this clause.
Insurance Coverage
At NURTURED MIND’s request, Therapist will forward to NURTURED MIND a certificate of insurance verifying that Therapist maintains errors and omissions insurance coverage or professional liability insurance coverage, or commercial umbrella coverage in an amount that NURTURED MIND deems sufficient to protect NURTURED MIND from loss.
Standard of Care
When using the Site for the purposes of informing or advertising to the public or Members about the qualifications and services that a Therapist offers, the Therapist must exercise a reasonable standard of care, including confidentiality obligations, as mandated by his/her profession and regulatory agencies.
Technology
Therapist will provide all necessary equipment, technology, and/or supplies required to deliver the Services under this Agreement and to maintain records as required by his/her profession and regulatory agencies. NURTURED MIND does not provide or maintain any records regarding Therapists or Services.
Therapist’s Account Security and Usage
Therapist agrees, confirms, and acknowledges that he/she is responsible for maintaining the confidentiality of his/her password and any other security information related to his/her account (collectively “Account Access”). NURTURED MIND advises Therapist to change his/her password frequently and to take extra care in safeguarding his/her password. Therapist agrees to notify NURTURED MIND immediately of any unauthorized use of his/her Account Access or any other concern for breach of his/her account security.
Therapist agrees and commits not to use the account or Account Access of any other person for any reason. Therapist attests that his/her use of the Site, including the Services, are made directly by Therapist and that he/she is not using neither the Site for or on behalf of any other person, organization, or entity.
Prohibited Behavior
Under no circumstances will Therapist engage in the sale of any services that are prohibited by federal or state law. Additionally, Therapist agrees that Therapist will not engage in any activity, therapy, or other form of “treatment” that Therapist is not competent to perform, that would not be allowed under Therapist’s license, or under the state law of the state/s wherein Therapist practices.
Termination of Agreement
This Agreement will start on the date written above and will continue until terminated. NURTURED MIND may modify, suspend, disrupt, or terminate Therapist’s participation, or access to the Site at any time, with or without notice, for any or no reason.
NURTURED MIND PRIVACY POLICY
1. Introduction
NURTURED MIND (“us,” “we,” or “NURTURED MIND”) is committed to respecting the privacy rights of our customers, visitors, and other users of the NURTURED MIND services (“Services”) provided via the NURTURED MIND website (collectively, “Site”). We created this Site Privacy Policy (“Privacy Policy”) to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site or any website of NURTURED MIND partners, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. Your use of the Site is governed by this Privacy Policy and the Terms of Use. If you are registering an account or using the Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Privacy Policy on such individual’s or entity’s behalf.
2. Traffic Data Collected
We automatically track and collect the following categories of information when you visit our Site: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Site; (4) types of web browsers used to access the Site; (5) referring source which may have sent you to the Site; and (6) other information associated with the interaction of your browser and the Site (collectively “Traffic Data”).
3. Information Collected
In order for you to access certain areas of the Site, we may require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your e-mail address, phone number and NURTURED MIND password); and (2) Demographic Data (such as your gender, your date of birth and your zip code). If you communicate with us by, for example, e-mail or letter, any information provided in such communication may be collected as Personal Information. NURTURED MIND platform is reviewed, audited, and certified to be compliant with the Payment Card Industry Data Security Standard (PCI DSS). NURTURED MIND shall continue to follow PCI DSS requirements.
4. Interactive and Installed Tools
We also collect other information, some of which may be Personal Information that you voluntarily provide to us when you choose to use some of the Site’s interactive tools and services (“Interactive Tools”), such as searching for Providers, searching for available appointments with them, and completing medical history forms (“Medical History Forms”) prior to appointments. We also collect information you provide voluntarily in free-form text boxes on the Site and through responses to surveys, questionnaires and the like. Some of the free Interactive Tools and surveys on our Site ask you for health- related Personal Information. You may elect to use certain Services available through the Site that require you to download and install software on your computer (“Installed Tools”). The Installed Tools may collect and transmit information from your computer system solely relating to use of the Installed Tools and for the purpose of providing you the relevant Services, for example, by informing NURTURED MIND when a user is logged on and available to receive update or alert notices.
5. Cookies
“Cookies” are small computer files that are transferred to your computer’s hard drive that contain information such as user ID, user preferences, lists of pages visited and activities conducted while browsing the Site. At your option, expense and responsibility, you may block cookies or delete cookies from your hard drive. However, by disabling cookies, you may not have access to the entire set of features of the Site. Generally, we use “cookies” to customize your experience on our Site and to store your password so you do not have to re-enter it each time you visit the Site. In addition, our business partners may use cookies to provide us with anonymous data and information regarding the use of our Site. Specifically, some of our business partners use cookies to show NURTURED MIND ads on other sites on the internet as a result of you using the Site. Such cookies do not contain any Personal Information. Other cookies used by our business partners may collect other non-personally identifying information, such as the computer’s IP address, type of operating system, type of internet browsing software, what web pages were viewed at what time, the geographic location of your internet service provider and demographic information, such as gender and age range. This information is used to provide NURTURED MIND with more information about our users’ demographics and internet behaviors. You may find out more about the information collected and how to opt-out of receiving these cookies by visiting our partner’s respective website. We do not link the information stored in these cookies directly to any of your Personal Information you submit while on the Site, however.
6. Web Beacons
In limited circumstances we also may use “Web Beacons” to collect anonymous, non-personal information about your use of our Site and the sites of selected sponsors and advertisers, and your use of emails, special promotions or newsletters we send to you. “Web Beacons” are tiny graphic image files imbedded in a web page or email that provide a presence on the web page or email and send back to its home server information from the user’s browser. The information collected by web beacons allows us to statistically monitor how many people are using the Site and selected sponsors’ and advertisers’ sites, or opening our emails, and for what purposes.
7. Website Analytics
We may use third party website analytics services in connection with the Site. These website analytics services do not collect Personal Information that you do not voluntarily enter into the Site. These services do not track your browsing habits across websites which do not use their services. We are using the information collected from these services to find usability problems to make the Site easier to use. The recordings will never identify you or your account. We only record anonymous user information, and we stop such recording before you sign-in or create an account.
8. Storage
We store all Traffic Data and review postings indefinitely, even after “deletion,” and may archive such information elsewhere. We store all Personal Information until you request that we modify or delete it, in which case we may still wind up retaining some of that information for the reasons described in Section 20 below.
9. Information Provided on Behalf of Children
NURTURED MIND does not collect information from children under the age of 13 in accordance with the Children’s Online Privacy Protection Act (“COPPA”) as discussed below. If you are a parent or legal guardian of a minor child, you may, in compliance with the Terms of Use, use the Site or Services on behalf of such minor child. Any information that you provide while using the Site or Service on behalf of your minor child will be treated as Personal Information as otherwise provided herein.
10. Children’s Online Privacy Protection Act
COPPA severely restricts what information can be collected from children under the age of 13. For this reason, children under the age of 13 in the United States are prohibited from using the Site. The Site is not directed at children, and NURTURED MIND does not knowingly collect any information from individuals under the age of 13. If we learn that we have received any information from an individual under the age of 13, we will use that information only to respond directly to that child (or a parent or legal guardian) to inform him or her that he or she cannot use the Services and subsequently we will delete that information from our own servers.
11. NURTURED MIND’s Use of Your Information
We may use your Personal Information to recommend certain resources or mental health providers. NURTURED MIND may view emails that you send to mental health practitioners from our site. This information will never be shared with outside parties. We may use your Contact Data to send you information about NURTURED MIND or our products or Services, to contact you when necessary, including to remind you of membership expiration dates and to encourage you to take a pre or post survey. We may use your Demographic Data, your Traffic Data, your Insurance Data or your Medical Data to customize and tailor your experience on the Site, in emails and in other communications, displaying content that we think you might be interested in and according to your preferences. You agree to give us permission to contact you at 6-month intervals to ensure that services are being provided to your liking, to enquire about your membership status, and to ask you to take a post treatment survey. We may also use your de-identified Personal Information to run (or authorize third parties to run) statistical research on individual or aggregate health or medical trends. Such research would only use your Personal Information in an anonymous manner that cannot be tied directly back to you.
12. Sharing of Information
We share certain categories of information we collect from you in the ways described in this Privacy Policy, including as described below:
• We share Traffic Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Site and/or by making certain Interactive Tools available to our users. Those business partners shall be bound to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Contact Data and other Personal Information to carry out their specific business obligations to NURTURED MIND and to provide your requested medical care and services.
• We may transfer information about you to another company in connection with a merger, sale or acquisition by or of NURTURED MIND. In this event, we will use reasonable efforts to notify you before information about you is transferred and becomes subject to a different privacy policy. NURTURED MIND does not share, sell, rent or trade your Personal Information with any third parties for their promotional purposes.
13. User Choice
You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Site; however, you will not be able to access and use those portions of the Site that require your Personal Information, this includes contracting with a NURTURED MIND clinician.
14. Confidentiality and Security
Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless we believe in good faith that disclosure of your Personal Information or any other information we collect about you is necessary to: (1) comply with a court order or other legal process; (2) protect the rights, property or safety of NURTURED MIND or another party; (3) enforce our Terms of Use; or (4) respond to claims that any posting or other content violates the rights of third-parties.
15. Mental Health Clinicians
Mental Health Clinicians, their employees, and their agents should be particularly aware of their obligations of patient confidentiality, including without limitation their obligations under the Health Insurance Portability and Accountability Act (“HIPAA”), both in communicating with NURTURED MIND and in responding to a review of their services posted on our Site. NURTURED MIND does not have, and will not accept, any obligations of confidentiality with respect to any communications other than those expressly stated in this Privacy Policy and NURTURED MIND’s Terms of Use.
16. Public Information
Any information that you may reveal in a review posting or other online discussion or forum is intentionally open to the public and is not in any way private. You should think carefully before disclosing any personally identifiable information in any public forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.
17. Security
The security of your Personal Information is important to us. We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. For example, when you enter sensitive information on our Site, we encrypt that information using secure socket layer technology (SSL).
Although we make good faith efforts to store Personal Information in a secure operating environment that is not open to the public, you should understand that there is no such thing as complete security, and we do not guarantee that there will be no unintended disclosures of your Personal Information. If we become aware that your Personal Information has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent we know that information) as soon as reasonably possible and as permitted by law.
18. Lost or Stolen Information
You must promptly notify us if your Contact Data is lost, stolen, or used without permission. In such an event, we will remove that Contact Data from your account and update our records accordingly.
19. Updates and Changes to Privacy Policy
We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy so please review it frequently. If we do, then we will notify you here, as well as by posting a notice on our Site and, where appropriate, a link to the modified policy so that you can review it. In all cases, use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.
20. Controlling Your Personal Information
As a registered user of the Site, you can modify some of the Personal Information you have included in your profile or change your username by logging in and accessing your account. Upon your request, NURTURED MINDwill use commercially reasonable efforts to delete your account and the Personal Information in your profile; however, it may be impossible to remove your account without some residual information being retained by NURTURED MIND. NURTURED MIND has no obligation to delete any data or information you provide on a Medical History Form following termination of your account or the account of any medical professional to whom your Medical History Form was submitted through the Site. Registered users who wish to close their account should contact email here
21. Links to Other Websites
The Site contains links to third party websites to which NURTURED MIND has no affiliation. NURTURED MIND does not share your personal information with those websites and is not responsible for their privacy practices. Some web sites may have the look and feel of our Site. Please be aware that you may be on a different site and that this Privacy Policy only covers our Site. Should you decide to visit one of these third-party websites, we suggest that you read its privacy policy.
22. Contacts
If you have any comments, concerns or questions about this Privacy Policy, please contact us at:
Nurtured Mind
PO Box 172144
Denver, CO 80217
Phone: 720-772-7879
Email: info@nurturedmind.org
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