TERMS OF USE & SERVICE AGREEMENT

Cultural Therapy, LLC Terms of Use

Effective Date: July 3rd, 2018

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (the “agreement”) CAREFULLY BEFORE UTLIZING ANY SERVICES (AS DEFINED BELOW) OFFERED BY CULTURAL THERAPY (“CULTURAL THERAPY”, “WE” OR “US”) INCLUDING ANY OF OUR WEBSITES AND MOBILE APPLICATIONS (collectively, the “services”).

The following terms and conditions constitute an agreement between you and Cultural Therapy, LLC. (“Cultural Therapy,” “we,” or “us”), the operator of culturaltherapy.health (the “website”) and related applications and services provided by Cultural Therapy and on/in which these Terms of Use are posted or referenced (collectively, the “services”).

By accessing and using any of the Services, you are hereby agreeing to be legally bound by the terms and conditions of this Agreement. Use and access of the Services is subject to the terms of this Agreement and all applicable laws and regulations. Please read this Agreement carefully.

By accessing, viewing or otherwise using this website and all content related to this website, you, on behalf of yourself and all of your authorized representatives (collectively, the “User” or “you”) agree to the terms and conditions of this Agreement. B advised that User and CULTURAL THERAPY are individually hereinafter referred to as a “Party” and collectively as the “Parties”.

These terms of use (the “Terms of Use”) together with our Privacy Policy, each of which is incorporated herein by reference, and collectively, this “Agreement”) govern your use of the Services, whether or not you have created an account with Cultural Therapy.

Your use of the services within this company and/or the creation of an account with us, means that you agree to the terms of this agreement, including the information practices delineated within our privacy policy. Furthermore, you agree to resolve any dispute that you may have with us or the services in the state of New Jersey. If you do not agree with this agreement, you cannot use the services. The services are offered “as is” with no warranties. If you use these services or create an account on behalf of an individual or entity other than yourself, you officially denote that you are authorized by said individual/entity to accept this agreement on said individual’s or entity’s behalf.

1.THE SITE

Fractions of the Services can be viewed without a Cultural Therapy account. By providing Cultural Therapy with information about yourself and/or your professional services, which you authorize Cultural Therapy to use and disclose as described in our Privacy Policy.

What constitutes as content produced by Cultural Therapy is that which is affiliated with Cultural Therapy, LLC and is disseminated in the form of data, text, images, graphics, photographs, video, audio, marketing materials, opinions, suggestions, guidance, responses to inquiries, and any other material made available through mediums affiliated with Cultural Therapy. Content is included, but not limited to these types of information.

You acknowledge that although some content may be provided by mental health professionals, the provision of said content does not produce a clinical professional/patient relationship, and does not comprise of an opinion, clinical guidance, treatment, diagnosis, nor does it constitute a clinical contract. It is instead created to as a way to help you in your search and selection of a mental health clinician or mental health services center.

Cultural Therapy and its constituents will make reasonable efforts to provide you with content that is accurate, but we cannot make any guarantees or provide any warrantees, either that which is explicitly expressed or which can be implied, as to the quality of service delivery, qualifications, expert knowledge, cost structure, insurance coverage, benefits-related information, or general information, that would be available through the services reflected on our site or represented within our provider network. Under no circumstance, shall we be held liable to you or anyone else for any decision that is made or any action that is taken by you in reference to such content, as we do not endorse any individual, professional, or entity listed or reachable via these services.

2. INFORMATIONAL AND EDUCATIONAL PURPOSES OF CONTENT

We do not imply nor make claims in reference to the safety, appropriateness, or effectiveness of any individual or entity represented on the site. The services and content provided are for informational purposes only. No party (including Cultural Therapy) involved in the preparation or publication of such content guarantee that the content is accurate or complete, and will not be held responsible for or liable for any errors or omissions in, or for the results obtained from the use of, such content.

Insurance-related content is provided for reference and informational purposes only. This content can change may become out of date, incomplete, or inaccurate. Cultural Therapy is not responsible for any inaccurate, incomplete, or outdated insurance Content.

3. YOUR PERSONAL INFORMATION

By submitting such information on the cultural therapy site, through the use of login information, comments, email newsletter opt-in, or other means of information sumbmission, you authorize Cultural Therapy, its employees, its agents and others operating on its behalf to use and/or disclose such information in accordance with our Privacy Policy. Please review the Privacy Policy carefully, as your use of the services, which constitute your agreement to it. Our Privacy Policy delineates how we may use, share, and preserve any information that you voluntarily share with Cultural Therapy, which includes, without any limitation, your name, address, and contact information, demographic information, insurance information, mental health history and current mental health needs, billing information, and other information (collectively, “Personal Information”).

4. YOUR RESPONSIBILITIES

 

4.1 Your Account

You will provide an email address and create a password (collectively, your “Credentials”), which you should keep private. If stolen or compromised, you must notify us by sending an email to info@culturaltherapy.health.

It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. 

4.2 Your Responsibilities

Although the services are free, you are fully and solely responsible for your expenses for services rendered by mental health providers. Any dispute you have with a mental health provider or agency must be resolved between you (and/or any person acting on your behalf) and that provider. You are fully responsible for the use of the services and for the use of your credentials, including use by others to whom you have given your credentials. Your use of the site may only be for lawful, non-commercial purposes. You may not use the site in any way that could harm, deactivate, overload, or impair our servers or networks, or in any way that could interfere with any other party’s use and enjoyment of the site and/or its services. You may not attempt to obtain unapproved access to any of the services, our user accounts, or our computer systems or networks, by ways of hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any content or portion of the site and/or services (including, without limitation, mental health provider content, price information, and insurance content) for any purpose whatsoever.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, post hyperlinks to any other sites which may contain such inappropriate content or offer such inappropriate activities, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing Cultural Therapy to disclose the identity of anyone posting any such information or materials.

In addition to our rights in these Terms of Use, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms of Use.

5. MEDICAL OPINION, ADVICE, OR RECOMMENDATIONS

The Content that you acquire from Cultural Therapy, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via the site, social media, email and text, and advertising, and all other content affiliated with Cultural Therapy, comes from independent healthcare professionals and organizations and is for informational purposes only.

THIS CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS A SUBSTITUTE FOR, OR A REPLACEMENT FOR, PROFESSIONAL MENTAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT CHOOSE TO DISREGARD OR DELAY OBTAINING MENTAL HEALTH ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER OR USE THESE SERVICES FOR EMERGENCY MENTAL HEALTH NEEDS. IF YOU EXPERIENCE A MENTAL HEALTH RELATED CRISIS OR EMERGENCY, SEEK MEDICAL HELP IMMEDIATELY AND CALL 911. YOUR USE OF THIS CONTENT IS 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 PROFESSIONAL MENTAL HEALTHCARE ADVICE, OR THE PROVISION OF MENTAL HEALTH CARE.

Cultural Therapy does not recommend or endorse any mental health providers, procedures, tests, opinions, or other information that may appear through the Services. Relying on any Content will be at your own risk. You are encouraged to independently verify any Content relevant to you with other sources, including the mental health provider’s office, mental health service associations, your state psychological or counseling boards, and any appropriate licensing or certification authorities in order to verify listed credentials and training.

6. NO CLINICIAN-PATIENT RELATIONSHIP

THERAPISTS, PSYCHIATRISTS, AND OTHER MENTAL HEALTH PROFESSIONALS USE THE SERVICES AS A MEANS TO SHARE CONTENT. AS SUCH, YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR MENTAL HEALTH CARE. NO LICENSED CLINICIAN/PATIENT RELATIONSHIP IS DETERMINED UPON YOUR USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM CULTURAL THERAPY INCLUDING, WITHOUT LIMITATION, THE PROVIDER NETWORK FEATURE, CULTURAL THERAPY SOCIAL MEDIA CHANNELS, CULTURAL THERAPY EMAILS, TEXT MESSAGES, CALLS, OR LINKS TO OTHER SITES, OR ANY ADDITIONAL GUIDANCE WE MAY OFFER YYOU IN ORDER TO HELP YOU FIND AN MENTAL HEALTH PROVIDER IN ANY OF THE AFOREMENTIONED PROFESSIONS.

Cultural Therapy has no control over, and cannot guarantee the availability of, any mental health care provider at any time. We are not liable for cancelled, rescheduled, or unfulfilled appointments, or any injury resulting as a result. We are additionally not responsible for any other injury resulting, occurring from, or related to the use of the Site or Services.

7. PROVIDER RELATIONSHIPS PROVIDER LISTS

In your use of the site, you understand that you are responsible for choosing your own mental health provider. Cultural Therapy makes all possible efforts to ensure that mental health providers hold active licenses required by law to practice the specialties of the services listed as offered by them, and include within their services sliding scale and Medicare and Medicaid program participation. Providers who have engaged in inappropriate or unprofessional conduct will be excluded from the provider’s network, at Cultural Therapy’s discretion.

Most mental health providers and mental health centers that are listed through the Services enter into contracts with us, and may pay us a fee in order to be marketed through the Services. The results are based on information that you provide to us, such as mental health specialty and geographical location. Cultural Therapy does not recommend or endorse any mental health provider and does not make any representations or warranties with respect to these providers or the quality of the services they provide. Any features of said providers are not based on additional fees paid to Cultural Therapy.

8. ENTIRE AGREEMENT; CHANGES TO THE SERVICES; NEW SERVICES; ADDITIONAL TERMS

8.1 Entire Agreement

This agreement and any supplemental terms, rules, policies, and guidelines posted through the services, each of which are incorporated herein by reference, including the Privacy Policy and the Terms of Use, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this agreement 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 Cultural Therapy to exercise or enforce any right or provision of this agreement 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.

8.2 Changes to the Services

We will likely add or remove features to the services. Under no circumstances will Cultural Therapy be liable for any suspension or discontinuation of any of the services or portion thereof, and the use of new services will be governed by this Agreement.

8.3 Additional Terms

There are some of the services on this site that may have additional terms (including, but without any limitation, policies, rules, guidelines) that shall also govern your use of that service, and supplement this Agreement. Your choice to use any of these services would render active these additional terms. These terms would be incorporated in reference to this agreement.

9. CONTENT USE

All content is owned by us and/or 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 Cultural Therapy’s proprietary information. We grant you permission to use the content for personal use and not for commercial purposes. We do not transfer any intellectual property rights to you by virtue of permitting your use of the services. You may download, print, and/or store information from the site for your own convenience. You may not republish (except as permitted in this paragraph), duplicate, distribute, sell, or misuse any of the content, or exploit the site or services in whole or in part, for profitable gain or any other purpose. Except as expressed herein, neither Cultural Therapy nor its suppliers grant you any expressed or implied rights. All rights in the site and the services not expressly granted by Cultural Therapy to you are retained by Cultural Therapy.

10. POSTED AND SUBMITTED CONTENT

It is important that you act responsibly when posting “Posted” information onto our site. Cultural Therapy reserves the right to, at our discretion, investigate and take appropriate legal action against any person or entity who violates these Terms of Use, including and without limitation, removing any offensive communication, terminating the account of such violators, and/or blocking your use of the Services.

By posting said Posted Information through the services and site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to Cultural Therapy and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that Cultural Therapy shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other Cultural Therapy users for purposes of constructing or populating a searchable database of reviews and information related to the mental health industry.

11. DISCLAIMER

You acknowledge that we have no control over, and no duty to take any action regarding which users gain access to the site and/or the services, what content you access, what impact the content may have on you, your interpretation of the content, your use the content, or any actions you may take as a result of having been exposed to the content. You release us from all liability for you having acquired, you having not acquired, or your use of content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the site and/or the services. We have no special relationship with or fiduciary duty to you.

The services are “as is.” We make no warranties or guarantees about the 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 services will be effective, reliable or accurate or will meet your requisites. We do not guarantee that you will be able to access or use the 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 information provided by users of the services or any other data or information provided or received through the services. Except as expressly set forth herein, we make no warranties about the information systems, software, and functions made accessible through the services or any other security associated with the transmission of sensitive information. Cultural therapy does not warrant that the site or the services will operate error-free, bug-free, or free from defects, that loss of data will not occur, or that the services, software or site are free of computer viruses, contaminants or other harmful items.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL CULTURAL THERAPY BE LIABLE FOR ANY LOST OR ANTICIPATED PROFITS, OR ANY INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 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 IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL CULTURAL THERAPY’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNTS PAID BY USER TO CULTURAL THERAPY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT.

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.”

13. INDEMNIFICATION

Upon request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, advisors, agents, parent, and other affiliates, from all liabilities, claims, demands, and expenses, including attorney’s fees, that arise from or are related to (a) your use of the site and/or services, or the violation of this agreement (including without limitation the Terms of Use and Privacy Policy), or of any intellectual property or other right of any person or entity, by you or any person using your credentials. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses arising as a result of our own gross negligence or intentional misconduct.

14. TERMINATION OF SERVICES

We reserve the right, WITH DISCRETION, to terminate, suspend and/or deactivate your account, without notice, if there has been a violation of this Agreement or the policies and terms posted on the site and/or through the Services by you or by someone using your credentials. We may also terminate, suspend or disable your account for any other reason, including inactivity for an extended period. Cultural Therapy shall not be liable to you or any third party for any termination, suspension, or deactivation 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 termination, suspension or deactivation (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to create another account). Sections 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 shall survive any termination or expiration of these Terms of Use.

15. MISCELLANEOUS

15.1 Copyright Disputes and Electronic Contracting

Your affirmative act of using the services and/or creating an account constitutes your electronic signature to this agreement, which includes our Privacy Policy, Terms of Use, and your consent to enter into such agreements with us electronically.

15.2 Changes to Terms of Use

We may change these Terms of Use and the other document that are part of the agreement at any time, as we reasonably deem fitting. Upon any such amendment, we will post the revised terms on the site. Your continued use of the site and/or the services following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable agreement document, as amended. We encourage you to periodically review these Terms of Use and the agreement. If at any time you choose not to accept these terms of use or the agreement, including following any such modifications hereto, then you must stop using the site and the services.

15.3 Claims Limitation

No action arising under or in connection with this agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

15.4 Choice of Law; Arbitration Clause and Class Action Waiver – Important – Please Review as This Affects Your Legal Rights

If there is a dispute that needs to be further resolved, that process will take place according to this section. This agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New Jersey, as applied to contracts made and to be performed entirely within New Jersey, without giving effect to the state’s conflicts of law statute.

You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including, without limitation, disputes related to this agreement, your use of the services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and you and we hereby expressly waive trial by jury. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.

You are waiving the ability to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations.

You also agree not to participate in claims brought in by a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use or the Agreement.

15.5 Assignment

We may assign this agreement at any time, including, without limitation, 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. You may not assign, transfer or sublicense this agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

15.6 Eligibility

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create an account with us or use the site and the services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the site or services only under the supervision of your parent or guardian who has agreed to these Terms of Use. Those under the age of 13 may not use the site or services. Parents or legal guardians of any child under the age of 18 may use the site or services on behalf of such minor child. By using the site or services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child, and that all references in these Terms of Use to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into these Terms of Use and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.

If you do not qualify under these Terms of Use, do not use the site or services. Use of the services is void where prohibited by applicable law, and the right to access the site is revoked in such jurisdictions. By using the site and/or the services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the services or the site.

16. External links

Any links to other sites or services may be provided for informational purposes only, as we do not endorse these sites, their products, or services. You hereby acknowledge and agree that we are not responsible or liable for the content, accuracy, decency, or lawfulness of these other websites.

17. Headings

The headings of the sections of this agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.

18. Responsibilities of Mental Health Providers

If you are a mental health provider or other individual or entity within the mental health industry, regardless of whether you maintain an account with Cultural Therapy or whether you intend to schedule appointments through the services, you concede and agree to the following:

(a) You will not use the services to view content for any purpose other than your own personal use as a client or prospective client.

b) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.

(c) You will not use the services, directly or indirectly, to engage in any anti-competitive, deceptive, or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

CULTURAL THERAPY, LLC – SERVICE AGREEMENT

This Contract for Services is made effective as of January 30, 2018, by and between the Service Provider, herein “you,” and Cultural Therapy, LLC, (info@culturaltherapy.health), (herein “us, we, our”).

1.DESCRIPTION OF SERVICES. Beginning on January 30, 2018, Cultural Therapy, LLC will provide you the following services (collectively, the “Services”):

1.Mental Health Directory Listing on culturaltherapy.health and

2. an introductory and (2) other free webinars within the webinar offerings on culturaltherapy.health, to be completed by you within a year of your original subscription to the mental health service directory.

3. Maintaining your profile active in our directory for the first year is contingent upon your completion of the aforementioned free webinars. Maintaining your profile active on our directory after the first year will be contingent upon you completing two (2) additional free webinars per year.

2. PAYMENT. Effective, July 3, 2018, the Cultural Therapy LLC directory is a no-fee directory. All payments accepted will be voluntary or donation based. Payment shall be made to Cultural Therapy, LLC shall be made through our payment partner, Paypal, Inc.

When you make a payment through our services (as further described in and subject to other provisions of the agreement), your payment card information is processed by our payment processing partner, Paypal, Inc (https://paypal.com). Our payment processing partner collects your voluntarily provided payment card information necessary to process your payment. Such partner’s use and storage of information it collects is governed by its applicable terms of service and privacy policy.

You shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if you fail to pay for the Services when due, Cultural Therapy, LLC has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.

3. TERM. This Contract is indefinite and may be terminated by either party upon 30 days prior written notice to the other party. An email notice by one party will suffice. Emails regarding cancellations and terminations of services will need to be sent to info@culturaltherapy.health.

4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, content, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Cultural Therapy, LLC in connection with the Services will be the exclusive property of Cultural Therapy, LLC.

5. WARRANTY. Cultural Therapy, LLC will aim to provide its services in a generally acceptable standards. However, our products are provided “as is” and any use of our services means that you agree to the delivery of services “as is.”

The Content that you acquire from Cultural Therapy, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via the site, social media, email and text, and advertising, and all other content affiliated with Cultural Therapy, comes from independent healthcare professionals and organizations and is for informational purposes only. As such, Cultural Therapy does not provide medical advice and no information provided within our services should be taken as such. For professional mental health advice and recommendations, consult with a licensed medical or mental health professional.

YOUR USE OF THIS CONTENT IS 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 PROFESSIONAL MENTAL HEALTHCARE ADVICE, OR THE PROVISION OF MENTAL HEALTH CARE.

6. RESPONSIBILITIES OF MENTAL HEALTH PROVIDERS

If you are a mental health provider or other individual or entity within the mental health industry, regardless of whether you maintain an account with Cultural Therapy or whether you intend to schedule appointments through the services, you concede and agree to the following:

(a) You will not use the services to view content for any purpose other than your own personal use as a client or prospective client.

b) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.

(c) You will not use the services, directly or indirectly, to engage in any anti-competitive, deceptive, or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.

(d) You agree to uploading information (such as images, practice information, services you provide) to which you have full copyrights to and agree to provide us with copyrighted use of said information within our website culturaltherapy.health and other website affiliated platforms, including newsletter platforms, social media, and email. You also agree to not upload anything that infringes upon or violates the law.

(e) You agree to not upload any 3rd party information and information to which you do not hold the rights to.

(f) You agree to review all information you have entered in your profile to ensure its accuracy and agree to not hold liable Cultural Therapy for any errors or misrepresentation. Further, you or any person or entity representing you, agree to not hold Cultural Therapy liable for any damages assumed as a result of said misrepresentation.

7. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:

The failure to make a required payment when due.

1.The insolvency or bankruptcy of either party.

2. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

3. Failure by you to complete an introductory and (2) other webinars within the webinar offerings on culturaltherapy.health within one year of the original subscription.

4. The failure to abide by any of the requisites delineated within this contract.

8. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

9. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, web system outage. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

11. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

12. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

13. AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

14. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of New Jersey.

15. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered to the email address info@culturaltherapy.health. Please refer to the (3) Term section of this document for more information of cancellation of service.

16. WAIVER OF CONTRACTUAL RIGHT. Your failure to enforce any provision of this Contract shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of this Contract.

17. ATTORNEY’S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, we shall be awarded reasonable attorney’s fees and costs, both in the trial court and on appeal.

18. THIRD PARTY CONTENT. On occasion, we may provide information through our content platforms, for example our site (culturaltherapy.health), webinars, social media partners, and newsletters. No party (including Cultural Therapy) involved in the preparation or publication of such content guarantee that the content is accurate or complete, and will not be held responsible for or liable for any errors or omissions in, or for the results obtained from the use of, such content.

Cultural Therapy, LLC (info@culturaltherapy.health)

 

 

 

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