The following Terms of Services (the “Agreement”) govern your access to and use of this website, therapydave.com, and any of its services (collectively referred to as the “Site”). This website is owned and operated by TherapyDave™ (the “Company”).
When the terms “we,” “us,” “our,” or similar are used in this Agreement, they refer to the Company.
By accessing or using the Site, you agree to comply with and be bound by this Agreement. Please read this Agreement carefully. If you do not agree to any part of this Agreement, you must not use the Site.
Additional definitions, terms, and conditions can be found in the Privacy Policy and Disclaimer, which are hereby expressly incorporated into this document by reference.
Appointment Requests
You can request an appointment online via the Site, but submitting an appointment request does not guarantee a confirmed appointment or establish a therapist-client relationship. We will review your request and contact you to confirm availability and suitability. All appointments are subject to availability, and we reserve the right to refuse service to anyone at our discretion.
Client-Therapist Relationship
A therapist-client relationship is established only after an initial assessment and the mutual agreement to proceed with therapy services. Until such an agreement is reached, any communication between you and TherapyDave, including via email, phone, or website, is for informational purposes only and does not constitute a therapeutic relationship.
Confidentiality
We are committed to maintaining the confidentiality of all communications and information shared during the therapy process. However, please be aware that electronic communications, including email and web forms, may not be entirely secure. For confidential matters, we recommend using more secure methods of communication.
Fees and Payment
The fees for our therapy services will be discussed and agreed upon during your initial consultation. Payment is due at the time of service unless otherwise arranged. We accept various forms of payment, which will be communicated to you during your appointment confirmation.
Cancellation Policy
If you need to cancel or reschedule an appointment, please provide at least 48 hours’ notice. Cancellations made with less than 48 hours’ notice may be subject to a cancellation fee.
Telehealth Services
In addition to in-person services, we also offer telehealth services for clients who are unable to attend in-person sessions. By using our telehealth services, you agree to comply with the terms and conditions specific to telehealth, which will be provided to you prior to your first telehealth session.
Service Availability
Therapy services are provided exclusively to clients located in Oregon and Arizona, where our licensed therapist operates. For clients in other locations, we offer professional life coaching services. The distinctions between therapy and life coaching will be thoroughly explained during your initial consultation. This ensures you receive the appropriate support tailored to your needs.
Children under 13
We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this website only with permission from a parent or guardian. This website complies with the Children’s Online Privacy Protection Act (COPPA).
Class Action Waiver
Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and you shall not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity. You further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding.
Cookies
We use our own and third-party cookies and web beacons to help the site function properly, analyze usage, and for marketing purposes. Your IP address and third-party identifier may be shared with advertising partners to help us deliver more relevant ads. By using this website, you agree to the use of cookies and web beacons to collect information on and off this Site.
Disclaimer of Warranty
THERAPYDAVE DOES NOT REPRESENT OR WARRANT THAT (A) THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR (B) THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THIS WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY US, THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERAPYDAVE DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Governing Law; Forum
Any dispute between the parties regarding the subject matter of these Terms will be governed by these Terms and the laws of the State of Oregon and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree that any action at law or in equity arising out of or relating to any actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property, or relating to these Terms, shall be filed only in the state and federal courts located in Lane County, Oregon (except for small claims disputes, which may be filed in the jurisdiction in which you reside). You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms.
Indemnification
You agree to defend, indemnify, and hold TherapyDave harmless, as well as its independent contractors, service providers, and consultants, and our and their respective directors, officers, employees, and agents (collectively, the “Company Parties”) from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees).
International Disclaimer of Warranties
This website is based in the United States. No representation is made that any aspect of this website is appropriate or available for use outside of the United States or may be used by persons who are not citizens of the United States or residents of other countries. Those who access this website from other locations are responsible for compliance with applicable local laws. This website is subject to applicable export laws and restrictions.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING AS A RESULT OF OUR NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF OUR ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SERVICES.
Severability
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Termination
We reserve the right, without advance notice and at our sole discretion, to terminate your access to this website and the related services or any portion thereof at any time. To the maximum extent permitted by law, this agreement is governed by the laws of Lane County in the State of Oregon, and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TherapyDave as a result of this agreement or use of this website. The performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this website or information provided to or gathered by us 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 you and TherapyDave with respect to this website. 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. It is the express wish of the parties that this agreement and all related documents be written in English.
Affiliate Marketing
This site may contain affiliate links to products and services. We participate in the Amazon Services LLC Associates Program, which allows us to earn fees by linking to Amazon.com and affiliated sites. Rest assured, we only recommend products that we use and believe in.
If you choose to purchase a product on this website, or if you choose to purchase a product on another site where we provide the link, you agree to assume full responsibility for using the information on this website, and you understand and agree that we are not responsible or liable for any claim, loss, or damage resulting from its use by you or any user. We cannot guarantee any results or outcomes if you choose to purchase any of the services offered on this website or through a site link we provide or an affiliate’s website or business. As with any business-related program, product, material, book, or service that you purchase, your results may vary, and will be based on many variables, so therefore no guarantees can be made.
Third-Party Sites and Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TherapyDave of the Linked Site or any association with its operators.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from this website, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of this website’s users and customers.
Changes to Terms
We reserve the right, in our sole discretion, to change the Agreement under which this website is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of any updates.
Contact Information
If you have any questions or concerns about this Agreement, please contact us at 2440 Willamette Street, Suite 101-C, Eugene, Oregon, 97405 or by phone at 1-541-705-4666.
Last updated: November 14, 2024