Terms of Service & Use

Last updated: January 10, 2023

Welcome to the website, therapydave.com! On behalf of TherapyDave, I want to provide you the Terms of Service and Use (“Terms”) which apply when you visit this website. It’s worth noting that these Terms do not alter in any way the terms or conditions of any other agreement you may have with TherapyDave, and they do not apply to your care if you are a current client receiving mental health services.

BY ACCESSING OR USING THIS SITE AND ITS SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND USE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DON’T ACCESS OR USE THIS SITE OR ITS SERVICES.

Additional definitions, terms and conditions are stipulated in the Privacy Policy, which is hereby expressly incorporated into this document by reference.

DISCLAIMER

THIS WEBSITE AND ITS CONTENT IS FOR INFORMATION PURPOSES ONLY. IT IS NOT INTENDED AS A SUBSTITUTE FOR THERAPY, PROFESSIONAL MEDICAL ADVICE, OR TREATMENT. IF YOU WISH TO PURSUE COUNSELING, PLEASE VISIT therapydave.com/therapist-appointments/ TO SCHEDULE AN APPOINTMENT.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED MENTAL HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL AND/OR MENTAL HEALTH CONDITION. NEVER DISREGARD SEEKING PROFESSIONAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE. EACH INDIVIDUAL’S MENTAL HEALTH CONCERNS SHOULD BE EVALUATED AND DIRECTLY ADDRESSED BY A LICENSED MENTAL HEALTH PROFESSIONAL

MENTAL HEALTH PRACTITIONERS SHOULD UTILIZE THE CONTENT OF THIS WEBSITE AND ITS CONTENT IN A MANNER FULLY CONSISTENT WITH STANDARDS FOR PRACTICE AND APPLICABLE ETHICAL GUIDELINES.

THIS WEBSITE AND ITS CONTENT ARE NOT INTENDED TO BE USED IF YOU ARE IN CRISIS OR IF ANY OTHER PERSON MAY BE IN DANGER. INSTEAD, CALL EMERGENCY SERVICES AT 911, THE SUICIDE & CRISIS LIFELINE AT 9-8-8, OR GO TO YOUR NEAREST HOSPITAL EMERGENCY ROOM.

No Surprises Act

You have the right to receive a “Good Faith Estimate” explaining how much your medical care will cost. Under the law, health care providers need to give patients who don’t have insurance or who are not using insurance an estimate of the bill for medical items and services.

• You have the right to receive a Good Faith Estimate for the total expected cost of any non-emergency items or services. This includes related costs like medical tests, prescription drugs, equipment, and hospital fees.
• Make sure your health care provider gives you a Good Faith Estimate in writing at least 1 business day before your medical service or item.
• You can also ask your health care provider, and any other provider you choose, for a Good Faith Estimate before you schedule an item or service.
• If you receive a bill that is at least $400 more than your Good Faith Estimate, you can dispute the bill.
• Make sure to save a copy or picture of your Good Faith Estimate.

For questions or more information about your right to a Good Faith Estimate, visit www.cms.gov/nosurprises or call 877-696-6775.

Affiliate Marketing

I occasionally partner as an affiliate with other businesses. For example, I am a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon properties including, but not limited to, amazon.com. This means that any time you click on a book or product link on the Site, and should you then choose to purchase that item through the Amazon website, I may receive a very small percentage of that sale. Please understand that I do not market on behalf of Amazon or any other affiliate. I only share books, products, and resources that I support, 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 I provide the link, you agree to assume full responsibility for using the information on this website, and you understand and agree that I am not responsible or liable for any claim, loss, or damage resulting from its use by you or any user. I cannot guarantee any results or outcomes if you choose to purchase any of the services offered on this website or through a site link I 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.

Changes to Terms

I reserve the right, in my sole discretion, to change the Terms under which this website is offered. The most current version of the Terms will supersede all previous versions. I encourage you to periodically review the Terms to stay informed of any updates.

Children under 13

I 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 of a parent or guardian.

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 proposes 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

I use my 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 are agreeing to the use of cookies and web beacons to collect information on and off this site as described here.

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 A WRITING BY ME, 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), and 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 for 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.

License for Use

You are granted a non-exclusive, non-transferable, revocable license to access and use this website strictly in accordance with these terms. As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these Terms. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website.

All content included as part of this website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on this website, is the exclusive property of TherapyDave and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on this website. The content of this website is not for resale. Your use of this website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without my express written permission and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. TherapyDave does not grant you any licenses, express or implied, to its intellectual property except as expressly authorized by these Terms.

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

I 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 my 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 me 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 to the parties that this agreement and all related documents be written in English.

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. I am 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 this website 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 I may share such information and data with any third party with whom we has a contractual relationship to provide the requested product, service or functionality on behalf of this website’s users and customers.

Waiting List

Certain features available through the Site may offer a “waiting list” where you sign up to be notified of openings or availability for enrollment. Signing up for a waiting list does not create and/or imply a client-therapist relationship, and is intended to be used as informative in nature only. Waiting lists are not intended for current, active clients.