Terms & Conditions

 

Terms of Service (“Terms”) Policy

Updated 11/1/2023

 

Table of Contents

 

 

I. Introduction

 

1. Eligibility and Membership

 

2. Termination

 

3. Community and Policies

 

4. Licensing

 

5. Intellectual Property

 

6. Marketplace and Payment

 

7. Indemnification

 

8. Disclaimer

 

9. Limitation of Liability

 

10. Dispute Resolution

 

11. Miscellaneous

 

12. Notice and Contact Us

 

II. Policies and Guidelines

 

Privacy Policy-See Privacy Policy for more information

 

Acceptable Use and IP Policy

 

Medical Disclaimer Policy

Anti-Discrimination & Hate Speech Policy

 

Introduction

 

Welcome to the website of Therapy Homeroom, which is owned and operated by Therapy Homeroom LLC, a Delaware limited liability company (referred to in these Terms of Service as “Therapy Homeroom”, “TH”, “us”, “our”, or “we”). Therapy Homeroom is an online marketplace created for mental health professionals to buy, exchange, and sell their resources and tools for their practice.

 

Please take a moment to review these Terms of Service (“Terms” or “ToS”) as they serve as a binding, enforceable agreement between us and you, the User (a “User” includes both individuals that just browse and visit the Sites and those who set-up a user and/or seller account). The Terms provide information about your legal rights and obligations when visiting our website, signing up for a user account, using and accessing the online marketplace (“TH Marketplace”), and using any of the features on the website: www.therapyhomeroom.com and related subpages or subdomains or affiliate webpages (collectively, the “Sites”), mobile applications (“Apps”), and any other services me might offer through the Sites and Apps (collectively, referred to as our “Services”).

 

The TH Marketplace is an online marketplace for mental health professionals to buy, sell, and exchange their content, resources, and tools made for the purpose of running a mental health professional practice with other mental health professionals (“Resources”). By using the TH Marketplace you will be buying, selling, and exchanging Resources by uploading and downloading files through a variety of methods, such as delivery of files, streaming video, and whatever methods or features that we provide to you at the time of your use of the Services. We may modify, including adding or discontinuing support, for these methods or features at any time.

 

TH is merely a marketplace, or intermediary, that facilitates transactions between customers and vendors.  As a result, TH has no control over the quality, safety, morality or legality of any aspect of the Content listed, the truth or accuracy of the listings, the ability of vendors to sell Content or the ability of customers to pay for Resource. TH does not pre-screen users, the Content, or the content or information provided by users. TH cannot ensure that a customer or vendor will actually complete a transaction.  TH does not transfer legal ownership of Content from the vendor to the customer.  TH cannot guarantee the true identity, age, and/or nationality of a user.

 

By using our Services and uploading, selling, and exchanging your Resources, we do not take any ownership, except a limited license granted by you to display and market on our TH Marketplace, your Resources. Therefore, under these Terms and related policies we expect that you own or are authorized to upload, sell, or exchange your Resources.

 

By using our Services, you, the User, acknowledge and agree to be bound by these Terms, including following the various policies that govern your use, behavior, and interaction with our Sites and Apps, including, but not limited to the Privacy Policy, Acceptable Use and IP Policy, and Marketplace Guidelines.

 

Membership and Eligibility. To utilize many features of our Sites and our Services, including the majority of the features and functions of the TH Marketplace, you have to sign up and set up a User (also referred to as “Member”) account. By becoming a Member and having a Membership account there are certain eligibility requirements you need to meet. By registering for a Membership account and providing us certain requests for information during the registration process you represent and warrant to us that all information is true and accurate. We may request further documentation or proof to verify the information you have submitted at any time. Any false or inaccurate information or refusal by you to provide the requested information for verification purposes during and after the registration process shall be considered a breach of these Terms and we may refuse to issue you or terminate your Membership account, suspend or limit your access to Sites and Services, or take legal action against you.

 

Eligibility Requirements. By signing up for a Membership Account you represent and warrant the following is true:

That you are 18 years of age or older;

You have a membership for the site

That you are an accredited mental health professional (where accredited means you are in good standing and authorized to practice in the jurisdiction you are located and your accreditation or licensure is issued to your by a lawful, governing body in that jurisdiction);

That you answer all questions presented in the questionnaire for signing for Membership account and provide the following information: full legal name, the name that appears on your mental health professional license, license number(s), type of profession(s), and the jurisdictions you are licensed to practice in.  You represent and warrant that all registration information you submit is accurate and truthful.

You commit to anti-racism and anti-discriminatory practices against intersectional, oppressed, and marginalized people and commit to providing culturally-affirming resources and communication when operating on our site or with our services. This is in accordance with our Anti-Discrimination and Hate Speech Policy.

 

In addition, you must abide by all TH policies mentioned in this Agreement as well as all other operating rules, policies, and procedures that may be published from time to time on the Site by TH (if applicable to your activities on or use of the Site), each of which is incorporated herein by reference and each of which may be updated by TH from time to time without notice to you

 

New Features. We continuously work to improve the Sites and its services. From time-to-time we may provide new services or features through the Site. Those new services or features may be subject to additional terms and conditions; your use or access to such new services or features is conditioned upon your acceptance of the additional terms and conditions that accompany such new services or features. You shall be provided prior written notice of the additional terms and conditions that apply to such new services or features. If you fail to accept such new additional terms or conditions for new services or features we cannot guarantee you continued access or use of the Site and services and therefore, in certain circumstances may terminate your Services, account, or access to the Site.

 

Eligibility for Students. United States Graduate or Ph.D. students or someone with equivalent-level of study or training may sign up for a Membership account, but may be subject to limitations on their access or features on the Sites and Services. To sign up for a Membership account as a student please mark “Student” on the questionnaire and provide your full legal name, the name of the accredited university or program of your studies, what type of degree you are pursuing, and the contact information of your student admissions or equivalent so that we may verify your status as a student. As a student, becoming a Member on our website you understand and acknowledge that you shall not be authorized to practice mental health services and are not obtaining mental health professional licensure through our Website and content received. As a student, you warrant and represent to us that if you provide mental health services, it is under the guidance of a licensed professional or supervisor and that we are not responsible for such guidance or authorization for you to provide mental health services. As a student, a violation of these terms shall be considered a material breach and your account shall be terminated.

 

Username and Password. During the Membership account registration process, you need to select a username and password. Your username shall not violate our Acceptable Use and IP Policy. Your password is your responsibility to keep confidential. The access and use of your Membership account, whether it is you or someone else is your responsibility. If you believe that someone has unauthorized access to your Membership account, then please notify us as soon as practicable. We are not responsible for any loss, damage, or liability that arises from any negligent act or omission on your part that contributes to the unauthorized access to your Membership account, such as giving your password to an unauthorized third party.

 

Fees. As of the Effective Date, there are no fees to sign up for a User membership account. There are fees associated with different membership tiers for vendor membership accounts. For vendors, we provide our Sites and Services by taking a percentage of the sales you make via the Therapy Homeroom Marketplace (as defined in Section 6 below). We may at a point in the future charge a membership fee to access and use the Sites and Services for users. If you have already set-up a Membership account at such time we charge/change a membership fee you shall be given thirty (30) days written notice prior to implementation of such change.

 

Termination

Termination by TH. We may, in our discretion, terminate or close or suspend any account at any time for any reason, with or without notice.

 

Termination by You. You have the right to terminate or close your TH Membership account at any time, without notice to us. You can terminate or close your Membership account from the features and functions in the user interface or by contacting us for assistance (See Section 10 below). Applicable fees may apply.

 

Effect of Account Termination. After your account is terminated or closed, you’ll no longer have access to any of your Membership account information, past purchases, uploaded Resources, and many of the features of our Services that require such a User account. If you close your Membership account of your own accord, you can reopen your account by logging in again, and providing the relevant information to reopen it. However, we cannot guarantee that products and resources you purchased will be available to you upon reopening. It is your responsibility to ensure that you have saved your purchases to your own device. If you’d like for Therapy Homeroom to close your Membership account so that it cannot be reopened upon login, then please contact us. Certain communications and content that you’ve posted on the Sites will not be completely removed if your Membership account is terminated and may still remain after termination. You may be able to remove or edit some of your communications and content at your discretion before you close your account.

 

Privacy. For privacy issues related to the personal information you submit for your Membership account, and how we treat personal information for your use and access to our Sites and Services, please review our Privacy Policy.

 

Sold Resources. If you have sold any of your Resources via the Therapy Homeroom Marketplace and have terminated your Membership account you shall no longer be searchable on the TH Marketplace and your Resource will not be available to other users, however your already purchased Resources shall remain accessible to those users that paid for them.

 

Discontinue Services. We may change, suspend, or discontinue offering our Services at any time. Any suspension or discontinuation in our Services may mean that your Membership account, including any Resources or other materials you may have purchased from our Services, and any Resources or Communications (collectively “Content “) you may have uploaded to our Services, may not be available to you or to other users. We are not liable to you for any impact a change, suspension, or discontinuation of our Services may have including the loss of access to any Resources that you’ve purchased or loss of income from your temporary or permanent inability to sell Resources through our Services.

 

Community Interaction and Policies

 

Our Policies and Guidelines. By using our Services and interacting with the Sites, as a visitor, signing up for a Membership account, and being a User, or in any other manner, you agree to follow these Terms, which includes abiding by our policies and guidelines, including, but not limited to the Privacy Policy, Acceptable Use and IP Policy, and relevant guidelines.

 

Interaction. You may have the ability to communicate, interact, or otherwise connect with other visitors, members, or Users of the Website and through our Service. You are solely responsible for taking precautions when sharing any information about yourself with another person via our Website and Service, and you release TH from any and all liability that may arise out of your interactions with another person via our Website and Services. You are also responsible for your behavior and interactions with others via our Website and Services. We would want to promote a professional and safe environment for those mental health professionals or those becoming mental health professionals via our Website and Services. Therefore, we have established acceptable use policies and guidelines to help you and others use our Website and Services in a professional and safe manner. By violating the Acceptable Use and IP Policy we reserve the right to pursue any and all actions against you, including terminating these Terms and your account or taking legal action, including any equitable remedies. Please review the Acceptable Use and IP Policy.

 

To increase collaboration, we do allow vendors to upload their social and business links to their Shop. However, using descriptions, external links, or other advertising of other sites to make purchases that bypass Therapy Homeroom’s marketplace is strictly prohibited. Such an example may include, but is not limited to, using your shop’s chat messaging features or shop bio to encourage users to buy a resource or service from a third-party link is prohibited under the Terms of Service. Your account will be removed for violation of the Terms without required notice.

 

Monitoring. TH has the right, but not the obligation, to monitor any activity and Content associated with our Services. We may investigate any complaints or reported violations of our policies and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension, or termination of your Membership account, denying access, and/or removal of any Content on the site, including Resources and their related information.

 

TH is not a licensed medical care provider or therapist.  TH does not verify any health claims made by vendors, or any third parties with regard to any of the Content sold on the Site.  TH cannot and does not verify any vendor’s licensure, registration numbers, certifications, education, experience, or any other qualifications.  It is the user’s responsibility to communicate with the vendor and determine the vendor’s qualifications to the customer’s satisfaction. Not all Content sold on this Site is suitable for everyone, every age, or every situation or set of circumstances.  TH is not responsible for any health problems, injuries, allergies, reactions, negative results, misinformation, damages, liabilities, harm, or otherwise that may result from the purchase of Content on the Site or reliance on any Content available on the Site. Customer represents that customer has selected the Content, using customer’s own knowledge and judgment. If you purchase Content through the Site you agree that you do so at your own risk.

 

 

Licensing.

 

General. In general, the users that provide Resources for use in the TH Marketplace shall own and maintain their intellectual property rights in said resources that they provide. When you purchase a Resource from another user you are purchasing a license to use the Resource in accordance with these Terms, our applicable policies, and the law. Therefore, when you upload or share your Resources you are representing and warranting you are the legal owner or authorized to do so, and when you download or use another user’s Resources you agree to be bound to the terms and conditions of the license. Please review the Acceptable Use and IP Policy.

 

Licenses. By purchasing another User’s Resources you are granted a license by them to use their Resources, which this license is limited by these Terms and by any terms and conditions that the uploading and selling User has placed on their Content. These licenses are non-transferable and may not be assigned to a third-party. The purpose and intent for the purchase of another User’s Resources by you is for individual and personal use with your practice of mental health services and that you do not commercialize or resell the Resources you purchase from another User to third parties. An uploading and selling User grants a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use their Content as Resources for the purchasing party for the purposes outlined by these Terms and the incorporated policies and guidelines.

 

Limitation on Access to Resources. TH does not guarantee continuous access to any Resource through our Services. For example, if at any time, TH stops hosting a Resource for any reason or you or TH terminates, suspends, downgrades, or otherwise limits your Account or access to TH’s Services, your ability to access the Resource through our Services may be terminated. It is your sole responsibility to maintain and store a copy of downloadable Resources on your device to ensure future access. We are not liable to you should you lose access to any Resource your purchased and then such Resource no longer becomes available in the future and you failed to maintain a copy of the downloadable Resource. For any Resource that is not downloadable to you, for example a streaming video, your license and access to such Resource shall expire at the close of your account or cease upon TH’s discontinuation of hosting said Resource.

 

 

Distribution. In accordance with the Licensing Policy, the Customer is permitted to utilize the Resource solely for personal, educational, and instructional purposes ("Personal Use"). The Resource can be employed for the individual's personal reference, academic purposes, or for educational purposes. The Customer may make copies and print the Resource only for Personal Use, not for resale or distribution to third parties. However, the Customer must ensure not to remove any copyright notices, branding, or authorship information associated with the Resource.

 

 

On the other hand, the Licensing Policy strictly prohibits the Customer from utilizing the Resource for commercial purposes in any way, shape, or form. In other words, the Resource may not be sold, included in published works, utilized for marketing or advertising purposes, or generate revenue directly or indirectly. Additionally, the Customer cannot post the Resource on any website and is prohibited from distributing or providing the content to friends, family, colleagues, posting online, or making it available to any third parties. Finally, the Resource cannot be transferred, gifted, or assigned to any third party under any circumstances.

 

 

 

Intellectual Property.

 

Our Content and Services. Except for Content uploaded or posted by other users, all other aspects of the Sites and the Apps you find on our Services are owned or controlled by us. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Sites or Apps (collectively, “Sites Assets”). This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secrets, and other intellectual property rights. You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Sites Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. By commercial purpose we mean that you cannot sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Sites Assets. You may not remove any copyright information from resources, tools, media, or other materials without our prior written permission.

 

 

Your Content. In order to use some of our Services, specifically the Marketplace and for you to upload or post your Content, and then sell your Content as Resources for others to use. We require you to grant us a license to your Content.  You are granting us a licensing right, but shall retain intellectual property rights that you hold in that Content. TH does not take or claim any ownership rights for the copyright, trademark, or otherwise over your Content. When you post or upload your Content to our Services, you grant us the right to store, use, display, and provide access to the Content you post as a necessary step for us to provide our Services; in order to sell your Content as the Resources found on the Marketplace and make it available to others via the Marketplace and its functions, we have to be able to store, use, display, and provide access to others to your Content, which upload onto our platform, which consists of the Website, servers, and other related aspects to our operations. You also understand the purpose of our Website, its Services, and the function of the Marketplace that you are granting others license to your Content by the act of uploading and selling to them as Resources for use with their practice of mental health services. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to your Content necessary to provide our Services to you and our other Users. We reserve the right to refuse storing, using, displaying, or providing access to any material, data, information, or Content that you upload if it violates our Terms, Privacy Policy, Acceptable Use and IP Policy, Marketplace Guidelines, or the rights of the proper intellectual property owner or holder. Your uploading and sale of intellectual property that you have no rights in or are unauthorized to do so is a material breach of these Terms.

 

 

Reporting Intellectual Property Violations. In general, we respect the intellectual property (IP) rights of others and expect the same from all of our users. No user may post any material, information, communication, data, or anything else that infringes on the copyrights, trademarks, or patent rights of someone else. Users that violate the IP rights of another shall be terminated. For Digital Millennium Copyright Act (DMCA) compliance and the acceptable use and respect of IP rights please review our Acceptable Use and IP Policy. If you see an infringement of your intellectual property rights you can contact us, See Section 12 below. Please provide the location on the Sites or Apps, a description of the infringing item, and proof or information of your intellectual property rights over the infringing item so that we may investigate according to our Acceptable Use and IP Policy.

 

Marketplace and Payment.

 

Payment in General. Payouts will occur monthly using the account they have provided TH upon registration.

 

TH provides free and paid membership subscription services (the “Membership(s)”) to you subject to the terms and conditions contained in this Agreement and the Privacy Policy. If you elect to access any paid component of the Site, such as becoming a subscriber of a paid Membership, you agree to pay all fees and charges associated with that paid component on a timely basis. You may purchase subscription access to a Membership (a “Subscription”) for a fee (the “Fee(s)”) for the period of time (the “Access Period”) you have elected from the available options (e.g., monthly or annually). Unless otherwise stated, all Fees are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, telecommunications, excise, municipal taxes or duties, including VAT and GST, or other local taxes (“Applicable Taxes”). All such Fees will be charged to the payment method you provided when you elected to access that paid component of the Site. You agree to maintain a valid, accurate, and up to date payment method during the term of your use of such services.

 

(b) Your ability to access and use your chosen Membership commences on the date TH makes the Membership available to you following your registration for such Membership and remittance of the Fee and Applicable Taxes, if any, and continues until the end of the applicable Access Period. TH will automatically renew or commence your Subscription for a new Access Period by charging the associated Fee plus any Applicable Taxes to the payment method you provided unless you cancel your Subscription as provided below.

 

(c) Unless you affirmatively opt-out of automatic renewal before the end of the then-current Access Period (as applicable), you hereby authorize TH to renew or commence your Subscription automatically at the end of each Access Period for a new Access Period. If you opt-out of automatic renewal, your Subscription will expire and your access to your Membership will cease at the end of its specified Access Period. In order to continue to access your Membership after your Access Period has expired, you will need to purchase a new Subscription. TH assumes no responsibility or liability if your Subscription fails to renew or otherwise expires because of outdated or incorrect payment information.

 

(d) You may upgrade your Membership level at any time an upgrade is available.

 

(e) You may cancel your Membership Subscription at any time through your customer account. If you cancel your Subscription during your current Access Period, your access to the Subscription will continue until the end of your then-current Access Period, at which point it will expire. Purchase and/or redemption of your Subscription is final and non-refundable; TH will not issue you any refund, including partial, prorated, or otherwise unless required to do so by law.

 

(f) TH reserves the right to modify, offer additional, or cease offering its Membership(s) at any time in its sole discretion, including but not limited to changes in Fees, or modifying the features and functionality of the Site and any Membership Subscription. If we cease offering your current Membership, your access to your Membership will continue until the end of your then-current Access Period. We will provide you with thirty (30) days prior notice via email before changes in Subscriptions or Fees take effect. Any changes to the Subscription or Fees will be effective upon your next billing cycle, and will not apply retroactively or to the remainder of your current Access Period.

 

TH charges a percentage of the sale price when the Resource sells as described in this Section (“Transaction Fees”). Therapy Homeroom uses Payment Processor companies to handle payments. Therapy Homeroom does not set the transaction fees rates, the Payment Processor companies do and are subject to change without notice.

 

TH charges a percentage of commission associated with the account you sign up for. As a vendor, when you make a sale through the Site, if you currently hold a Free/Basic Vendor Membership Subscription, you will receive 55% of your sale and TH will receive 45% of the commission in accordance with any % of the price you display for each individual Content product sold. When you make a sale through the Site, if you currently hold a Middle Tier Vendor Membership Subscription, you will receive 75% of your sale and TH will receive 25% of the commission in accordance with any % of the price you display for each individual Content product sold. When you make a sale through the site, if you hold a Premium Membership Subscription, you will receive 80% of your sale and TH will receive 20% of the commission in accordance with any % of the price you display for each individual Content product sold.

 

TH may choose to provide discount codes and/or temporarily change the Membership Subscription commission payout fees for promotional events; such changes are effective when TH posts the temporary promotional event on the Site, which result in a lower sales price and therefore may reduce amounts paid to Vendors. All Transaction Fees are in US Dollars. If you list Content in a currency other than US Dollars, your item price will be converted to US Dollars solely for purposes of calculating the transaction fee.

 

For each sale of Content on the Site, TH will automatically deduct the Transaction Fee from the sale price collected from the customer, and will distribute the remaining purchase price to the vendor on a monthly basis as follows: (a) TH will collect payment from the customer at the time Content is purchased through the Site, (b) TH will notify vendor by email of the sale once payment has been verified and collected from the customer, and (c) on a monthly basis TH will distribute to the vendor the total revenue generated by vendor through the Site, minus the Transaction Fees and Commission during each calendar month within thirty (30) days of the last day of each calendar month, provided vendor is in compliance with this Agreement.

 

In the event that you breach this Agreement, TH reserves the right, in its sole discretion, to withhold any payments that would otherwise be due to you under this Agreement.

 

Vendor is responsible for paying all fees and applicable taxes associated with using TH. TH uses Paypal and Stripe for its Merchant Services processing for vendors.  Vendor must set up an account with Paypal in order to receive payment from TH. TH makes no representations or warranties regarding Paypal’s services and TH is not liable for any delay, error, fault, or action of Paypal. Paypal may charge additional transaction or service fees to the vendor.

 

If TH terminates a listing or your account, if you close your account, or if the payment of your TH fees cannot be completed for any reason, you remain obligated to pay TH for all unpaid fees plus any penalties, if applicable. If the vendor’s account is not paid in full within ten (10) days of the removal of a listing or termination of the account for any reason, the vendor risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact TH at help@therapyhomeroom.com.

 

 

Compliance and Taxes. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Sites and Services, and if applicable, your listing, purchase, solicitation of offers to purchase, and sale of Resources. In addition, you are responsible for paying any and all taxes applicable to any purchases or sales you make on the Sites via the TH Marketplace less TH’s service charges and fees. TH shall not make any taxes for your sale of your Resources and you shall bear all costs, expenses, liabilities, damages, and penalties arising from any action or omission on your part not to remit payment of applicable taxes for the sales you make via our Sites and Services.

 

Indemnification. You agree to indemnify, defend, and hold harmless TH, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.

 

No Guarantees. Our Sites, Apps, and Services are provided to you “as-is” and “as available” without any guarantee. Our Services are digital and technical in nature and subject to all the reasonable issues and problems of maintaining a website with a variety of features and functions such as those found on our Sites and Apps. Additionally, we implement changes and improvements to our Services on a periodic basis. We make no promise or guarantee that any specific website or part of the Sites or Apps, features or functions, shall be available or function as intended at all times. We reserve the right to take the Sites or Apps offline for maintenance and bug-fixing and limiting or shutting down Services, functions, and features at any time. For the selling of Resources we make no promises or guarantees on how much money you may earn or the success of your efforts in utilizing the TH Marketplace for sales of your Resources.

 

LIMITATION OF LIABILITY.

 

LIMITATION OF LIABILITY. YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TH (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF THE SERVICES. WE MAKE NO GUARANTEES RESPECTING THE AVAILABILITY OF THE SERVICES, THE SECURITY OF THE SERVICES AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION, THE CORRECTION OF ANY DEFECTS OR ERRORS, THE EXISTENCE OF ANY VIRUSES OR OTHER HARMFUL MATERIALS, OR ANY OTHER GUARANTEES. YOU AGREE THAT TH (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. TH’S LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO (A) THE TOTAL AMOUNTS PAID BY YOU TO BY TH DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS THE LESSER AMOUNT.

 

Limitations on Services and User Interaction Liabilities. The Resources and Communications on our Services are uploaded or posted by our users. TH does not produce, approve, post, or upload Resources or Communications. The Content you see on our site and any views, opinions, or assertions presented are those of the users who posted the Content and are not the statements of TH, and do not reflect the opinions, or the official policy or position of TH. TH makes no representations or warranties as to the quality, accuracy, effectiveness, legality, appropriateness, or other aspects of any Content. You may have the ability to communicate, interact, or otherwise connect with other users through our Services. It is your responsibility to take precautions when sharing any information about yourself with another user or anyone else, and you release TH from any liability that may arise out of your interactions with another user of our Sites, Apps, and Services.

 

Third-Party Content and Services. As you use our Services, there may be links, ads, or other ways for you to visit other websites not owned or controlled by TH. When you access third-party websites, you do so at your own risk. TH cannot and does not make any representations or warranties about other websites or services. The Services may permit you to link to other websites, or use other services or resources on the Internet in conjunction with our Service (“Third Party Services”), and Third Party Services may contain links to the Services. When you access Third Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third Party Services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third Party Service.

 

Dispute Resolution. Any and all claims, controversies, or disputes arising out of or relating to these Terms, or the breach thereof, which remain unresolved after direct negotiations between you, the User and Us, for a period of thirty (30) days after written notice is sent by the party stating the claim, controversy, or dispute shall first be submitted to confidential Mediation in accordance with the Rules, Procedures, and Protocols for Mediation of Disputes of Dispute Prevention & Resolution, Inc., a Delaware corporation, then in effect. If any issues, claims or disputes remain unresolved after such mediation concludes, then the parties agree to submit any such issues to binding arbitration before one (1) arbitrator in accordance with the Rules, Procedures, and Protocols for Arbitration of Disputes of Dispute Prevention & Resolution, Inc., a Delaware corporation, then in effect. You, the User and Us, further agree that the award of the arbitrator shall be binding upon the parties and that judgment upon the award rendered may be entered in any court of competent jurisdiction. We may withhold payments owed to you under these Terms until such claims, controversies or disputes arising out or related to these Terms are resolved and such withhold shall bear not interests or additional costs.

 

Miscellaneous.

 

Governing Law and Venue. These Terms are governed by the laws of the state of Delaware and the laws of the United States of America without regard to principles of conflict of law, and regardless of where you are located in the world. TH is located in the City and County of Kent, Delaware. Any dispute subject to the Section 10 Dispute Resolution clause of these Terms shall take place in City and County Kent, Delaware. For any other judicial action that may arise between you and TH, or for which our Section 10 Dispute Resolution clause of these Terms is found not to apply, then both you and TH agree to submit to the venue and personal jurisdiction of the state and federal courts located in City and County of Kent, Delaware.

 

NO WAIVER. Any failure by TH to enforce any right or provision of these Terms does not constitute a waiver of that right or provision and will not limit our right to act or enforce these Terms against subsequent or similar breaches.

 

SEVERABILITY. If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable is severed from the Terms and will have no impact on the enforceability of the remainder of these Terms. Should any part of these terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.  To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

 

Survival.  Shall survive any termination or expiration of these Terms.

 

Relationship. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms. Your use of our Services does not create any agency, employment, or partnership. We are not your employer and not your agent.

 

Assignment.  We may assign any of our rights and responsibilities under these Terms without notice to you.

 

Successors and Assigns. These Terms shall ensure the benefit of TH’s successors, assigns, and licensees.

 

Headings. Any heading, caption, or section title contained in these Terms is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

 

Consent

By using our Sites and Services or submitting information to us, you acknowledge and understand the terms of our Cookie Policy. Please refer back to the Privacy Policy and Terms of Use.

Policy Changes

 

We reserve the right to update, change, or modify our Terms of Service/Use at any time without notifying you, so please refer back to this policy often for updates.

 

This policy is effective as of the date stated at the top of this page. Therapy Homeroom may update this policy at any time and any changes will be effective upon posting. By accessing or using the Service after we notify you of such changes to this Policy, you are deemed to have accepted such changes.

 

Notice and Contact Us.

 

To notify us, you can email us at help@therapyhomeroom.com or use our Contact Us form. To submit any notices, as outlined by these terms, please email us above or send postal mail to:

 

Attn: Legal

Therapy Homeroom LLC

8 The Green Suite B

Dover, Delaware 19901

 

 

Acceptable Use & IP Policy

Updated 11/1/2023

 

Please review the following Acceptable Use and IP policies to learn what we consider acceptable use of our Site and its Services and respecting other people’s intellectual property.

 

When we say, “Therapy Homeroom”, we mean Therapy Homeroom LLC and any of its affiliates. When we say “Site”, we mean www.TherapyHomeroom.com, and when we say “Service”, we mean the Site plus any websites, features, applications, widgets, other online and offline products and services as stated in our Terms of Service (“Terms”) (collectively, the “Services”) owned and operated by Therapy Homeroom LLC, a Delaware limited liability company (“TH”, “we”, “us”, or “our”), or online services owned or controlled by Therapy Homeroom and that post a link to this policy.

 

It’s important to us that Therapy Homeroom is and always remains a safe, supportive, collaborative community for licensed mental health professionals to buy, share, and sell their original resources and tools. This policy outlines the rules you need to follow when using Therapy Homeroom whether you’re buying, selling, downloading free resources, or just browsing.

 

 

 

By being part of this community please be aware you are interacting with other professionals and individuals. Therefore, we expect you to respect them and their rights.

 

 Acceptable Use Policy

 

You are solely responsible for your conduct and activities regarding Therapy Homeroom, its website www.therapyhomeroom.com (the “Website” or “Site”), and any and all data, text, information, reviews, posts, usernames, graphics, images, photographs, profiles, audio, video, and links (together, “Content”) that you submit, post, and display on the Site.

 

By using our Website, Services, or submitting Content to Therapy Homeroom, you acknowledge and understand that the terms of our Acceptable Use and IP Policy requires that you shall not:

 

Upload, download, post, email or otherwise transmit any Content in a fraudulent manner/for the purposes of committing a fraud, list for sale, or sell any fraudulent, illegal, counterfeit, or stolen Content.

 

Upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, trade libelous, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

 

Upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.

As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can’t use images of celebrities or corporate products, nor images, text, or designs that you’ve copied from a website without written permission from the owner. You cannot create a “new” image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state, and local laws, regulations and ordinances.

Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.

Use the service or the Site to harm minors or vulnerable persons in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws, and laws prohibiting the depiction of minors engaged in sexual conduct, or upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children or vulnerable persons.

Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.

Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Upload, download, post, email, or otherwise transmit false, inaccurate, or misleading information.

Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, third party sites, vendor’s or customer’s sites, or networks connected to or accessible through the Site or affiliated or linked websites.

Access, tamper with, or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites.

Frame the Site within another Site or webpage or link to the Site except as permitted in writing by Therapy Homeroom or Host images not part of a listing.

Incorporate images or names that would violate a person’s right of privacy or publicity; or incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person’s name or likeness without their express written consent.

Use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the service or Site.

 

 

 

Copy, modify or distribute rights or Content from the Site, service or tools or Therapy Homeroom’s copyrights and trademarks.

Harvest or otherwise collect information about users, including email addresses, without their consent.

Violate this Agreement, Therapy Homeroom Guidelines, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

Interfere with a vendor’s business or listings.

Take any action that may undermine online reviews or feedback.

Appear to create liability for Therapy Homeroom or cause Therapy Homeroom to lose (in whole or in part) the services of Therapy Homeroom’s ISPs or other suppliers.

Listing any Content on Therapy Homeroom (or consummating any transaction that was initiated using Therapy Homeroom’s service) that, by paying Therapy Homeroom the Transaction Fee, could cause Therapy Homeroom to violate any applicable law, statute, ordinance, or regulation, or that violates the Terms of Use.

You acknowledge that Therapy Homeroom does not pre-screen submitted Content, but that Therapy Homeroom and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site.  Therapy Homeroom does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, claim, recommendation, or advice expressed therein, and Therapy Homeroom expressly disclaims any and all liability in connection with any Content. Without limiting the foregoing, Therapy Homeroom and its designees shall have the right to remove, without prior notice, any Content that violates the Agreement or is otherwise objectionable to Therapy Homeroom. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that you alone are responsible for the creation and compilation of your Content.

You acknowledge and agree that Therapy Homeroom may, but is not obligated to, preserve or store your Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation, storage, or disclosure is reasonably necessary and as set forth in our Privacy Policy. You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to the technical requirements of connection networks or devices.

You agree that you are responsible for actions and communications undertaken under your account.  Therapy Homeroom takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography, or profanity you or a third party may encounter. You agree to waive any claims against Therapy Homeroom and its affiliates, contractors, agents, and employees for losses, damages, and injuries that are based on or relate to communications, Content or materials on the Site. You agree to indemnify Therapy Homeroom and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.

You agree that you will use this Site and Content shared or used on this Site in accordance with all applicable United States federal, state, and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.

 

Intellectual Property Policy

 

Resource Licensing

Therapy Homeroom sellers own their Resources and give you certain rights to use them for limited purposes. This section describes the agreement between you and the sellers you purchase from and lets you know what’s acceptable to do with the Resource licenses you buy on Therapy Homeroom.

In General

 

License. Therapy Homeroom sellers own and maintain the intellectual property rights in the content and resources they upload to our Site. When a seller sells their content and resources via the Marketplace they are granting others license to use such Resources for limited purposes and uses. When you are a buyer of a Resource, you are purchasing a license to use that Resource and not obtaining intellectual property rights other than license granted under our Terms and related policies. Any and all downloadable and digital Resources can only be used in accordance within the limitations of the license.

 

You agree to respect the seller’s intellectual property rights and use the license in accordance with our Terms, applicable policies, and any further terms and conditions a seller places on the Resources they are selling. In the event any conflict exists between our Terms, applicable policies, and a seller’s terms, our Site’s Terms and applicable policies shall govern, except where a seller has granted a purchaser certain additional rights to their Resources in writing to the purchaser.

 

Purpose of the License

 

A license may only be assigned to a single specific individual user (“Assignee”) (e.g. one mental health professional or that mental health professional’s lawfully incorporated or organized business entity) for that Assignee’s lifetime or the duration of that individual’s lawfully incorporated or organized business entity. The licenses are non-transferable and may not be resold by a buyer. Further, the license may not be used by or reallocated to a different Assignee (for example, a mental health professional who purchases an Individual License can use such Resource, in accordance with this section, for her or his lifetime but cannot transfer use of such Resource to another mental health professional after her or his retirement).

Except as otherwise stated in these Terms (such as in the “Limitations on Access” section set forth below), with a license, a seller grants to a purchasing Member, for use by one Assignee, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below. The seller may grant additional rights at their discretion and shall do so in writing.

 

If you purchase a license, then the seller permits you to:

 

Assign use of the Resource to one Assignee. Once an Assignee has been designated, the license cannot be used by any other individual or entity, but you can purchase additional licenses as needed. For clarity, you can purchase a license for yourself, as a gift for another person or entity. In such cases, a single “transfer” of the Resource to the intended recipient Assignee is permitted, but you may not reallocate the license again, that is from one Assignee to another or share the Resource with additional users unless you purchase additional licenses for each additional Assignee.

 

As an Assignee of such a license, the seller is permitting you to:

 

Use the Resource for personal, educational and instructional use only, or for your use in the operations or processes of individualized practice of licensed mental health services by you (“Personal Use”). This means you can use Resources for your own personal purposes, for your individual study, and for use with your clients for your practice.

 

 

 

Print and make copies of downloadable Resources as necessary for Personal Use. Copies may be made and provided to your clients as necessary. Hard goods and video resources may not be copied, shared, or otherwise reproduced.

 

Deliver Resources electronically as needed by using features available through the Services or by other secure means that enable access to Resources by only your clients (and as needed, their family members) (“Permitted Recipients”). You may not upload Resources to any other websites, applications, shared drives or other sites or use services or devices in a way that enables access by anyone other than Permitted Recipients.

 

Unless otherwise expressly permitted by the Vendor:

 

You may not use the Resource, in part or in whole, for commercial purposes. This means you cannot once purchase turnaround and then resell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit-making activity to commercialize or exploit the Resources as if you were the owner or holder of the intellectual property rights of the Resources.

 

You may not present information or hold out yourself (or your business entity) to any third party that you have superior rights or ownership of the Resources that your purchased to the detriment of the legitimate owner or holder of the intellectual property rights over the Resources.

 

Except as permitted above to deliver Resources electronically to Permitted Recipients, you may not post or otherwise make the Resource available on any website, application, shared drive or other sites or services.

 

You may not share, send, sell, sublicense, or transfer the Resource to someone else for their own Personal Use unless you purchase an additional license for each additional mental health professional you will share it with. Each individual license is for use by one (1) individual mental health professional (or their business entity) who legitimately purchased the license.

 

 

 

Limitation on Access

 

Downloadable Resources. Therapy Homeroom cannot guarantee continuous access to any Resource through our Service. For example, if at any time, Therapy Homeroom stops hosting a Resource for any reason or you or Therapy Homeroom terminates, suspends, downgrades, or otherwise limits your Account or access to Therapy Homeroom Services, your ability to access the Resource through our Services may be terminated. It’s your responsibility to maintain and store a copy of downloadable Resources on your device to ensure future access.

 

Digital and Video Resources. If you purchase access to a Resource in the format of streaming video or other non-downloadable formats, your license will expire if you or Therapy Homeroom closes your Account, or if Therapy Homeroom stops hosting the Resource for any reason.

 

2.2. The Services and the Site Content

 

This section describes what content on the site belongs to us and is protected as our intellectual property, what belongs to you, and the rights you grant us to use your intellectual property.

 

Except for Content uploaded or posted by Members, all other aspects of the Site you find on our Services is owned or controlled by us. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site (collectively, “Site Assets”). This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secrets, and other intellectual property rights.

 

You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission by Therapy Homeroom. By commercial purpose, we mean that you can’t sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Site Assets. You may not remove any copyright information from resources, tools, media, or other materials without our prior written permission.

 

 

 

2.3 Reporting Intellectual Property Violations

 

We respect the intellectual property rights of others and expect the same from all of our Members. No Member may post any material, information, communication, data, or anything else that infringes on the copyrights, trademarks, or patent rights of someone else.

 

Please follow our Notice and Takedown Process outlined below.

 

NOTICE AND TAKEDOWN PROCESS

 

We work diligently to remove copyright or trademark infringements. You can find our contact information down below on how to report and contact us of copyright or trademark infringements.

 

If you believe that your intellectual property rights in material found on our Sites have been violated or infringed upon, then please submit a notice to our Designated Agent. Your notice needs to include all of the following information:

 

Identification of your intellectual property that you claim has been infringed upon on our website (if your notice pertains to the use of your trademark, please include your federal trademark registration number);

 

Identification of the material that you claim has infringed on your intellectual property, including:

 

an explanation of how the material identified is using your intellectual property in a way that constitutes infringement, AND

 

a description of where the material you’ve identified is located on our Sites, with sufficient detail to allow us to find the material (A URL of the resource page is best);

 

Your contact information, including your full name, mailing address, telephone number, and email address;

 

Statement by you, stating that you have a good faith belief that the disputed use of the work is not authorized by the intellectual property owner, its agents, or the law;

 

Statement by you stating that, under penalty of perjury, the information provided in your notice is accurate and that you are the intellectual property owner or are authorized to act on behalf of the owner;

 

Electronic or physical signature of the person authorized to act on behalf of the copyright and/or trademark holder.

 

Keep in mind — under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly misrepresents that content or activity is infringing may be subject to liability for damages, including attorney's fees.

 

Make sure you include all of the required pieces of information. This will help us more quickly address your request. It also may be helpful to include additional information to allow us to verify the status of the work you claim has been infringed.  Examples are the registration number or paperwork for the trademark or copyright for us to review and reach a determination sooner.

 

What happens after you submit your Notice?

 

Copyright Notices — We’ll review your Notice of Copyright Infringement to make sure it contains all of the required information. The more specific your explanation is about which parts of a resource you believe are infringing, the easier it will be for us to process your request and ensure that the infringing content is removed. When we do take action on a notice, we reach out to the member who posted the content, forward them your notice, and remove the material from our Site. The user who posted the content has a legal right to submit a Counter-Notice if they believe that the content was misidentified as infringing or was removed by mistake. If we receive a complete Counter-Notice, we’ll forward it to you. Then, you are responsible for any further legal action to protect the work. The law gives you ten (10) days to let us know you’ve done so. Otherwise, we have to allow the individual to repost the content.

 

 

 

Trademark Notice — If your Notice of Trademark Infringement contains all of the required information, we’ll consider your request and take what action we believe in good faith to be appropriate. To make it easier for us to process your request and ensure that all of the infringing content is removed please provide us with clear and specific information. Ensure that you notice is as specific as possible about where your mark appears on the Site.

 

Copyright Counter-Notice Process

 

If you’ve received a Notice of Copyright Infringement from us about one or more of your resources and you wish to dispute the claim that your work is violating the copyright of the notifier, you can submit a Counter-Notice to our Designated Agent. A reply to the email we sent you works just fine. Your Counter-Notice needs to contain all of the following information:

 

Identification of your material that has been removed, including a description of where the material appeared on our Sites before it was removed or disabled (a URL is best);

 

Statement by you stating that, under penalty of perjury, you have a good faith belief that the material was removed as a result of a mistake or misidentification of the material in question;

 

Your contact information, including full name, mailing address, telephone number, and email address;

 

Statement by you stating that: you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which our company is located, and  that you will accept service of process from the person who provided notification of the alleged infringement;

 

Your electronic or physical signature.

 

 

 

After You Submit Your Counter-Notice

 

If your notice includes all of the above information, we’ll forward it to the folks who sent the original notice. Then they’ll have ten (10) days to let us know if they’ve initiated further action to legally protect their work. If so, we have to respect that and your material will remain blocked from the site. If we don’t receive anything from them, then we shall put your material or resource back up after the 10-day period.

 

If you've received a trademark-only takedown notice (i.e. there is no claim of copyright infringement), that you believe to be in error or believe and that you are authorized or have rights in the trademark in question, then you can reach out to the party that submitted the trademark-only notice to request a retraction of their takedown notice.

 

Right of Publicity and Personal Likeness Infringements

 

If you believe that any Resources, materials, or content hosted by, posted on, or accessible through our Site or Services uses your name, voice, signature, image or likeness, or that of your minor child, without your permission and in violation of a legally recognized right of publicity, we encourage you first to contact the user directly about your concerns. If that does not resolve your concerns, you may file a notice with us using the Notice and Takedown process outlined here.

 

Repeat Infringers

 

We reserve the right to immediately suspend or terminate the accounts of repeat infringers. The manner in which we apply that policy may depend on relevant aggravating or mitigating circumstances, if any, but generally, we will terminate an account if it is subject to any valid infringement notices. Therefore, we ask you to respect the rights of others.

 

CONSENT

 

This policy is a part of our Terms of Use. By using Therapy Homeroom, you agree to this policy and our terms of use. By using our Sites and Services or submitting information to us, you acknowledge and understand the terms of our Acceptable Use and Intellectual Property Policy. Please refer back to the Terms of Use for further guidance.

 

POLICY CHANGES

 

We reserve the right to update, change, or modify this Cookie Policy at any time without notifying you, so please refer back to this policy often for updates.

 

This Acceptable Use and Intellectual Property Policy is effective as of the date stated at the top of this page. Therapy Homeroom may update this Acceptable Use and Intellectual Property Policy at any time and any changes will be effective upon posting. By accessing or using the Service after we notify you of such changes to this Acceptable Use and Intellectual Property Policy, you are deemed to have accepted such changes.

 

DESIGNATED AGENT & CONTACT INFORMATION

 

You can submit a Notice or Counter-Notice to our Designated Agent by email or mail using the following contact information:

 

Email Address: help@therapyhomeroom.com or by mail addressed to:

Mailing Address:

Attn: Legal

Therapy Homeroom LLC

8 The Green Suite B

Dover, DE 19901

This contact information should be used only to submit formal Notices or Counter-Notices. If you have any other questions or concerns relating to our service or policies, please refer to our Terms for the proper contact information.

 

 

 

In no way shall we provide you legal advice or guidance regarding your intellectual property rights or claims, so if you have questions about copyright or trademark law, fair use exceptions, or the like, we encourage you to discuss them with a legal professional in your relevant jurisdiction.

 

 

 

 

 

 

 

Medical Disclaimer Policy

Updated 11/1/2023

 

When we say, “Therapy Homeroom”, we mean Therapy Homeroom LLC and any of its affiliates. When we say “Site”, we mean www.TherapyHomeroom.com, and when we say “Service”, we mean the Site plus any websites, features, applications, widgets, other online and offline products and services as stated in our Terms of Service (“Terms”) (collectively, the “Services”) owned and operated by Therapy Homeroom LLC, a Delaware limited liability company (“TH”, “we”, “us”, or “our”), or online services owned or controlled by Therapy Homeroom and that post a link to this policy.

 

Therapy Homeroom presents a diverse range of resources and content that focus on mental health and illness, therapy practice, etc. However, we must notify our users that the following disclaimers and warnings apply to all the information and services available through our platform.

 

It is important to note that Therapy Homeroom does not provide advice on health care, medical, or other related therapy services, nor are we attempting to diagnose, treat, prevent, or cure physical ailments or any mental or emotional concerns, diseases, or conditions. It is up to each individual to voluntarily decide if they would like to participate in the services and use of our site and understand that they are solely responsible for their choices, actions, and results at all times.

 

 

All our users must consult with their physician or any other Medical and Mental Health Provider before making any major health decisions reliant on our site or with our services. The platform must not be perceived or depended upon in any manner as a substitute for medical or mental health advice. None of the information provided through our platform is intended to supplant professional medical advice, diagnosis, or treatment offered by qualified medical and mental health professionals or any other licensed or registered health care professional.

 

We strongly advise our users not to disregard professional medical or mental health advice or delay seeking professional advice as a consequence of utilizing information garnered from use on this site. It is important to always prioritize seeking guidance from your medical and/or mental healthcare provider before implementing or discontinuing any recommendations or suggestions from resources found on this site. Any questions or concerns you may have about your specific health should be discussed with a qualified professional. It is strongly advised that you do not discontinue any prescribed medications or treatment without consulting your health care professional. If you have or suspect that you have a medical or mental health issue, it is essential that you promptly contact your healthcare provider for proper assessment and treatment.

 

As a Therapy Homeroom User, you acknowledge and agree that the information provided on our website is for your personal use and that you are solely responsible for any consequences that may arise from your utilization or lack thereof. Before implementing any suggestion, idea, or recommendation presented on our platform, you must exercise sound judgment and conduct your own research. While we are committed to supporting and assisting you in your endeavors, your success is primarily dependent on your efforts.

 

We hereby declare that we do not warrant or guarantee a specific outcome or result from using the information obtained from our website. Every individual is unique and, as such, their results will vary. As a user, you agree that these are just a few of the many possible variables that can determine their level of success, and accept and understand that each user’s results may differ from others.

 

It is essential to acknowledge that there are no guarantees regarding the effectiveness of any information provided on our platform. As such, we all users to exercise caution and discernment when utilizing our services. Regardless of the information provided, we remain steadfast in our commitment to assist our users, whether directly or indirectly, on their journey.

 

 

CONSENT

 

This policy is a part of our Terms of Use. By using Therapy Homeroom, you agree to this policy and our terms of use. By using our Sites and Services or submitting information to us, you acknowledge and understand the terms of our Medical Disclaimer Policy. Please refer back to the Terms of Use.

 

POLICY CHANGES

We reserve the right to update, change, or modify this Medical Disclaimer Policy at any time without notifying you, so please refer back to this policy often for updates.

 

This Medical Disclaimer Policy is effective as of the date stated at the top of this page. Therapy Homeroom may update this Medical Disclaimer Policy at any time and any changes will be effective upon posting. By accessing or using the Service after we notify you of such changes to this Medical Disclaimer Policy, you are deemed to have accepted such changes.

 

CONTACT US

 

If you have any questions about this Medical Disclaimer Policy, please contact us at help@therapyhomeroom.com, or by mail addressed to:

 

Attn: Legal

Therapy Homeroom LLC

8 The Green Suite B

Dover, Delaware 19901

 

Anti-Discrimination & Hate Speech Policy

Updated 11/1/2023

 

 

When we say, “Therapy Homeroom”, we mean Therapy Homeroom LLC and any of its affiliates. When we say “Site”, we mean www.TherapyHomeroom.com, and when we say “Service”, we mean the Site plus any websites, features, applications, widgets, other online and offline products and services as stated in our Terms of Service (“Terms”) (collectively, the “Services”) owned and operated by Therapy Homeroom LLC, a Delaware limited liability company (“TH”, “we”, “us”, or “our”), or online services owned or controlled by Therapy Homeroom and that post a link to this policy.

 

Our therapist and mental health peer-to-peer sharing website is committed to fostering a safe and inclusive community where all members can freely share their experiences and insights. We do not tolerate discrimination or hate speech in any form and have implemented the following policy to ensure a respectful and supportive environment for all users.

 

Discrimination: Discrimination based on race, color, ethnicity, nationality, religion, gender, gender identity, sexual orientation, age, disability, or any other protected characteristic under applicable law is strictly prohibited on our platform. Users are expected to treat all individuals with dignity and respect, regardless of their background or identity.

 

Hate Speech: Hate speech, which includes any speech or behavior that promotes violence, hostility, or discrimination against individuals or groups based on their race, color, ethnicity, nationality, religion, gender, sexual orientation, age, disability, or any other protected characteristic, is not tolerated on our platform. This includes but is not limited to derogatory slurs, offensive language, threats, or harassment.

 

Inclusive Language: Users are expected to use inclusive language that promotes respect and inclusivity. This includes using gender-neutral language, avoiding derogatory terms, and refraining from making assumptions or generalizations about individuals or groups based on their characteristics or identities.

 

User Responsibility: Users are responsible for their own actions and speech on our platform. They are expected to be mindful of the impact of their words and behaviors on others and to refrain from engaging in any discriminatory or hate speech acts. Users are also encouraged to report any discriminatory or hate speech behavior they observe, even if they are not the target of such behavior.

 

Whether you are engaging in any public elements of the site (i.e. listing resources,

 

writing reviews, shop announcements, vendor policies, or other forms of direct or indirect communication), discrimination and hate speech are prohibited. This further includes refusal of service or support based on membership in one or more protected groups.

 

Reporting Discrimination and Hate Speech: If users encounter any discrimination or hate speech on our platform, they are encouraged to report it immediately using the designated reporting feature (email help@therapyhomeroom.com). Our team will investigate the report and take appropriate action, which may include warning, suspension, or termination of the offender's account, depending on the severity of the violation.

 

Educational Approach: We believe in promoting education and understanding as a means to combat discrimination and hate speech. We may provide resources, guidelines, and educational materials to help users better understand the importance of inclusivity and respect in their interactions on our platform.

 

Consequences of Violation: Violation of this Anti-Discrimination and Hate Speech Policy may result in consequences, including but not limited to warnings, suspensions, or termination of user accounts, and removal of resources, depending on the severity and frequency of the violation. Users are also subject to legal action if their behavior constitutes a violation of applicable laws.

 

CONSENT

 

This policy is a part of our Terms of Use. By using Therapy Homeroom, you agree to this policy and our terms of use. By using our Sites and Services or submitting information to us, you acknowledge and understand the terms of our Medical Disclaimer Policy. Please refer back to the Terms of Use.

 

POLICY CHANGES

 

We reserve the right to update, change, or modify this Anti-Discrimination and Hate Speech Policy at any time without notifying you, so please refer back to this policy often for updates. This Anti-Discrimination and Hate Speech Policy is effective as of the date stated at the top of this page. Therapy Homeroom may update this Anti-Discrimination and Hate Speech Policy at any time and any changes will be effective upon posting. By accessing or using the Service after we notify you of such changes to this Anti-Discrimination and Hate Speech Policy, you are deemed to have accepted such changes.

 

CONTACT US

 

If you have any questions about this Anti-Discrimination and Hate Speech Policy, please contact us at help@therapyhomeroom.com, or by mail addressed to:

 

Attn: Legal

Therapy Homeroom LLC

8 The Green Suite B

Dover, Delaware 19901

 

© Copyright 2022 by Therapy Homeroom. All Rights Reserved “All information contained on this website is intended for informational and educational purposes only, and is not intended or suited to be a replacement or substitute for professional medical treatment or for professional medical advice relative to a specific medical question or condition. This site is not intended or suited to be a replacement or substitute from legal, tax, or other business-related medical advice relative to a specific question, law, or notice. Results vary from person to person and cannot be guaranteed.”