The following are the Terms and Conditions (the “Agreement”) for the access and use of any person (“User”, “therapist”, “Patient,” “Client,” or “you”) in an online platform through which counseling, consulting, professional advice and any other information are provided (collectively the “Virtual Therapist Network Website”). The Virtual Therapist Network Website may be provided, be accessible, or be available via multiple websites, devices, platforms, and other means, whether owned and/or operated by us or by third parties, including, without limitation, the website Virtual Therapist Network.
Without derogating from the above, the Virtual Therapist Network Website may be used among other things to facilitate (a) personal advice and information delivered specifically to you; and (b) general information and content, which is publicly available and not transmitted to you personally.
When the terms “we,” “us,” “our,” or similar are used in this Agreement, they refer to any company that owns and operates the Virtual Therapist Network Website (the “Company”), its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees, and successors of the aforementioned companies.
The Counselors and Counselor Services
The Virtual Therapist Network Website enables you to communicate with a counselor, consultant, practitioner, professional, expert, coach, advisor or any other person (collectively “Counselor”) for the purpose of getting counseling, information, advice, or any other input, benefit or service (collectively “Counselor Services”).
The Counselors are neither our employees nor agents nor representatives. Furthermore, we assume no responsibility for any act, omission or doing of any Counselor.
We make no representation or warranty whatsoever as to the willingness or ability of a Counselor to give advice.
We make no representation or warranty whatsoever as to whether you will find the Counselor Services relevant, useful, correct, satisfactory, or suitable to your needs.
We do not control the quality of the Counselor Services and we do not determine whether any Counselor is qualified to provide any specific service as well as whether a Counselor is categorized correctly or matched correctly to you.
While we may try to do so from time to time, in our sole discretion, you acknowledge that we do not represent to verify, and do not guarantee the verification of, the skills, degrees, qualifications, licensure, certification, credentials, competence or background of any Counselor. It is your responsibility to conduct independent verification regarding any Counselor that provides you with Counselor Services (whether through the Virtual Therapist Network Website or not) and we strongly recommend you will conduct this verification prior to communicating with any Counselor through the Virtual Therapist Network Website and on a continuous basis as you use the Virtual Therapist Network Website.
Your relationship relating to the Counselor Services is strictly with the Counselor. We are not involved in any way with the actual substance of that relationship or any part of the Counselor Service (whether provided through the Virtual Therapist Network Website or not), and we do not validate or become involved in any Counselor Services.
Use of the Virtual Therapist Network Website
You agree, confirm, and acknowledge that although the Counselor may provide the Counselor Services through the Virtual Therapist Network Website, we cannot assess whether the use of the Counselor, the Counselor Services or the Virtual Therapist Network Website is right and suitable for your needs. THE VIRTUAL THERAPIST NETWORK WEBSITE DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES BY US. As operators of the Virtual Therapist Network Website, our role is strictly limited to facilitating the communication between you and the Counselor and to enable the provision of the Counselor Services. It is up to you to consider and decide whether these services are appropriate for you or not.
You agree, confirm, and acknowledge you are aware of the fact that the Counselor Services are not a complete substitute for a face-to-face examination and/or session by a licensed qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information provided as part of the Counselor Services. Furthermore, we strongly recommend you will consider seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified health care counselor, by face-to-face appointment, because of information or advice you received through the Virtual Therapist Network Website.
THE VIRTUAL THERAPIST NETWORK WEBSITE IS NOT INTENDED FOR DIAGNOSIS, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
You are advised to exercise a high-level of care and caution in the use of the Virtual Therapist Network Website and the Counselor services.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TO TAKE ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. YOU ACKNOWLEDGE, CONFIRM, AND AGREE THE VIRTUAL THERAPIST NETWORK WEBSITE IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT YOU MUST NOT USE THE VIRTUAL THERAPIST NETWORK WEBSITE IN ANY OF THE AFOREMENTIONED CASES.
The Virtual Therapist Network Website may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. You confirm and acknowledge that we have no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.
Further Disclaimer of Warranty
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE PROVIDER SERVICES OR THE VIRTUAL THERAPIST NETWORK WEBSITE, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION, AND/OR SERVICE OF ANY MENTAL HEALTH PROFESSIONAL OR ANY OTHER PROVIDER IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, WHO MAY BE ACCESSED THROUGH THE VIRTUAL THERAPIST NETWORK WEBSITE.
YOU AGREE, CONFIRM AND ACKNOWLEDGE WE DO NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE, OR PROVIDE ANY GUARANTEE, REPRESENTATION, OR WARRANTY, AND SPECIFICALLY DISCLAIM ALL REPRESENTATION AND WARRANTIES, WITH RESPECT TO (A) ANY PROVIDER; (B) ANY INFORMATION ABOUT ANY PROVIDER INCLUDING WITHOUT LIMITATION ANY QUALIFICATIONS, EXPERTISE, CLAIMS, OR BACKGROUND OF ANY PROVIDER; (C) THE PROVIDER SERVICES (WHETHER THROUGH THE VIRTUAL THERAPIST NETWORK WEBSITE OR NOT) INCLUDING WITHOUT LIMITATION ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY A PROVIDER; (D) THE CONTENT AND THE SUBSTANCE WHICH ARE PART OF THE PROVIDER SERVICES; (E) ANY OTHER CONTENT OR INFORMATION POSTED ON THE VIRTUAL THERAPIST NETWORK WEBSITE OR THROUGH THE VIRTUAL THERAPIST NETWORK WEBSITE; (F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACY, QUALITY OR APPLICABILITY OF THE VIRTUAL THERAPIST NETWORK WEBSITE AND THE PROVIDER SERVICES.
YOU AGREE, CONFIRM AND ACKNOWLEDGE THE VIRTUAL THERAPIST NETWORK WEBSITE IS PROVIDED “AS IS” AND THEREFORE YOU WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST US. THE USE OF THE VIRTUAL THERAPIST NETWORK WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.
ANY CONSULTATION WITH A PROVIDER VIA THE VIRTUAL THERAPIST NETWORK WEBSITE CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE PROVIDERS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE YOUR FULL AND SOLE RISK AND LIABILITY.
WE DO NOT ASSUME, AND WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE VIRTUAL THERAPIST NETWORK WEBSITE OR ANY PART OF THE VIRTUAL THERAPIST NETWORK WEBSITE; OR (B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THE VIRTUAL THERAPIST NETWORK WEBSITE, THE PROVIDERS OR THE PROVIDER SERVICES.
In the event of a dispute regarding any transaction conducted via the Virtual Therapist Network Website, you hereby relieve us from all manner of actions, claims, or demands and from any and all losses (direct, indirect, incidental, or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys’ fees, which you may have against one or more of the above.
Limitation of Liability
YOU AGREE, CONFIRM AND ACKNOWLEDGE WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
YOU FURTHER AGREE, CONFIRM AND ACKNOWLEDGE OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE VIRTUAL THERAPIST NETWORK WEBSITE WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE VIRTUAL THERAPIST NETWORK WEBSITE IN THE 3 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.
WE EXPLICITLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION MADE BY A PROVIDER, WHETHER RELATING TO THE PROVIDER SERVICES OR NOT, IN CONNECTION WITH YOUR PAYMENT FOR THE PROVIDER SERVICES OR OTHERWISE. YOU AGREE, CONFIRM AND ACKNOWLEDGE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS WITH RESPECT TO ANY SUCH CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
Your account, representations, conduct and commitments
You hereby confirm that you are at least 18 years old of age.
You hereby confirm that you are legally able to enter into a contract.
You hereby confirm and agree that all the information that you provided in or through the Virtual Therapist Network Website, and the information that you will provide in or through the Virtual Therapist Network Website in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and confirm that your use of the Virtual Therapist Network Website, including the Counselor Services, are for your own personal use only and that you are not using neither the Virtual Therapist Network Website nor the Counselor Services for or behalf of any other person or organization.
YOU UNDERSTAND AND ACKNOWLEDGE THAT RECORDING ANY PART OF A VIDEO/AUDIO SESSION WITH ANOTHER PARTY IS STRICTLY FORBIDDEN AND AGREE NOT TO DO SO BY ANY MEANS (IE. COMPUTER, CAMERA, MOBILE PHONE, OR OTHER VIDEO RECORDING DEVICE). IF RECORDING A VIDEO/AUDIO SESSION IS DEEMED NECESSARY BY BOTH PARTIES, A DOCUMENTED AGREEMENT SIGNED BY BOTH PARTIES MUST EXIST AND INCLUDE THE SPECIFIC DATE & TIME OF THE VIDEO/AUDIO SESSION(S) TO BE RECORDED.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Virtual Therapist Network Website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to make any use of the Virtual Therapist Network Website for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Virtual Therapist Network Website and your relationship with the Counselors and us.
If you receive any file from us or from a Counselor, whether through the Virtual Therapist Network Website or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Virtual Therapist Network Website; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Counselor Services) which were provided through the Virtual Therapist Network Website; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.
Therapists & Counselors
You agree, confirm, and acknowledge you have been made aware that not all countries, territories, and/or states have the same laws concerning online therapy and its application to patients and/or clients outside the country, territory, and/or state(s) you are licensed.
You agree and confirm that before providing therapy or counseling services to patients or clients who live outside your country, territory, and or state, you will perform the requisite due diligence to ensure you are in-fact allowed to do so in both countries, territories, and/or states.
You agree and confirm that you have been made aware of this fact and will always strive to work within the spirit of the law and in the best interest of your member patients.
You agree and acknowledge that it is your responsibility, not the Virtual Therapist Network or its officers, to be fully cognizant of the laws in your country, territory, and/or state as they apply to you while using this site in a therapist, counselor, or life coach capacity and providing online therapy.
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS, OF ANY NATURE, RESULTING FROM THE USE OF THE VIRTUAL THERAPIST NETWORK.
YOU FURTHERMORE RELEASE US AND AGREE TO HOLD US HARMLESS FOR ANY REPERCUSSIONS THAT ARISE, AT ANY TIME, AS A RESULT OF YOUR ACTIONS WITH A MEMBER PATIENT, CLIENT, OR THERAPIST AND REGARDLESS OF WHETHER THIS ACTION, TAKEN BY YOU, WAS MADE IN AN ONLINE OR OFFLINE CAPACITY.
Therapists & Counselors (Blogging / Article Writing)
You agree to maintain a back-up copy of all articles posted to your blog for the purpose of protecting your work from loss and hereby release us and hold us harmless for any article(s) that should become lost in the Virtual Therapist Network system for any reason.
You agree to only post original content that was written by you or outsourced for your own personal use. You acknowledge that articles, posted by you, should be informative/qualitative and should speak/relate to how you can help your patient/client. You further agree not to post articles on topics that might be considered sensitive, inflammatory, and/or opinion pieces. Sensitive topics include race, gender, religion, hate, and/or politics. We reserve right to immediately remove, without notification, the offending article(s) if deemed necessary.
The Virtual Therapist Network is an advertising and marketing tool for you, and other paying therapists, to gain exposure for the sole purpose of acquiring new clients who are in need of help. For that reason, you agree not to post links to your blog that redirect potential clients to an Internet location other than your personal website or profile page on the Virtual Therapist Network.
You acknowledge and agree that posting any content that is not your own and/or inserting links that redirect potential clients to locations other than your personal website or profile page on the Virtual Therapist Network will be cause for us to immediately remove, without notification, the offending article(s) if deemed necessary by us.
You acknowledge and agree that while the onus is on you for correct HTML/CSS formatting, spelling, and punctuation, that we will from time to time, and at our own discretion, make corrections to articles we feel will benefit from such minor changes and ultimately help your cause.
Fees and Payment
You agree, confirm, and acknowledge payments made to the Virtual Therapist Network will be made using the PayPal subscription service.
You acknowledge the Virtual Therapist Network has no ability to see, collect, save, and/or store any personal banking information from you through the use of our website or PayPal. This includes bank account/routing numbers, credit card numbers, or any other banking information you may have.
You acknowledge the Virtual Therapist Network does not bill or withdraw any fee from your bank account and/or credit card, but instead relies on a monthly payment (subscription) that you create and can cancel at any time through your PayPal account.
You acknowledge the Virtual Therapist Network has no ability to login to your PayPal account and therefore it is your responsibility to cancel your monthly payment subscription to us at the PayPal website if/when you decide to cancel your account.
Modifications, Termination, Interruption, and Disruptions to the Virtual Therapist Network Website
You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Virtual Therapist Network Website, any part of the Virtual Therapist Network Website or the use of the Virtual Therapist Network Website, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
For the removal of any doubt, we may terminate or prevent your use of the Virtual Therapist Network Website and any services provided by through the Virtual Therapist Network Website (including but not limited to Counselor Services) at our sole discretion for any reason and for any period of time.
The Virtual Therapist Network Website depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. Due to the highly technical nature of our service and the ever increasing abilities of Internet criminals, we cannot guarantee the Virtual Therapist Network Website will be uninterrupted or that it will be secure, consistent, timely, or error-free.
We may provide notices or other communications to you regarding this agreement or any aspect of the Virtual Therapist Network Website, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to firstname.lastname@example.org.
Important notes about our Agreement
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Colorado excluding any rules governing choice of laws.
You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the federal courts situated in Teller County, Colorado and all parties agree to abide by the decision of the judges. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
We may change this Agreement by posting modifications on the Virtual Therapist Network Website. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Virtual Therapist Network Website after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Virtual Therapist Network Website and participation in its services.
We may freely transfer or assign this Agreement or any of its obligations hereunder.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.