The following are the Terms and Conditions (the "Agreement") for the access and use of any person ("User", "therapist", "Counselor", "Life-Coach", "Patient," "Client," or "you") in an online platform through which counseling, consulting, therapy, professional advice and any other information are provided (collectively the "Virtual Therapist Network"). The Virtual Therapist Network may be provided, be accessible, or be available via multiple websites, devices, platforms, and other means, whether owned and/or operated by us or by third parties, including, without limitation, the website Virtual Therapist Network.
Without derogating from the above, the Virtual Therapist Network may be used among other things to facilitate (a) personal advice and information delivered specifically to you; and (b) general information and content, which is publicly available and not transmitted to you personally.
When the terms "we," "us," "our," or similar are used in this Agreement, they refer to any company that owns and operates the Virtual Therapist Network (the "Company"), its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees, and successors of the aforementioned companies.
The Virtual Therapist Network enables you to communicate with a counselor, therapist, consultant, practitioner, professional, expert, coach, advisor or any other person (collectively "Providers") to get counseling, information, advice, or any other input, benefit or service (collectively "Provider Services").
The Providers listed on the Virtual Therapist Network are neither our employees nor agents nor representatives. Furthermore, we assume no responsibility for any act, omission, or doing of any Provider.
We make no representation or warranty whatsoever as to the willingness or ability of a Provider to give advice.
We make no representation or warranty whatsoever as to whether you will find the Provider Services relevant, useful, correct, satisfactory, or suitable for your needs.
We do not control the quality of the Provider Services and we do not determine whether any Provider is qualified to provide any specific service as well as whether a Provider is categorized correctly or matched correctly to you.
While we may try to do so from time to time, in our sole discretion, you acknowledge that we do not represent to verify, and do not guarantee the verification of, the skills, degrees, qualifications, licensure, certification, credentials, competence or background of any Provider. It is your responsibility to conduct independent verification regarding any Provider that provides you with Provider Services (whether through the Virtual Therapist Network or not) and we recommend you conduct this verification before communicating with any Provider through the Virtual Therapist Network and continuously as you use the Virtual Therapist Network.
Your relationship relating to the Provider Services is strictly with the Provider. We are not involved in any way with the actual substance of that relationship or any part of the Provider Service (whether provided through the Virtual Therapist Network or not), and we do not validate or become involved in any Provider Services.
You agree and acknowledge that although the Provider may provide the Provider Services through the Virtual Therapist Network, we cannot assess whether the use of the Provider, the Provider Services or the Virtual Therapist Network is right and suitable for your needs. THE VIRTUAL THERAPIST NETWORK DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES BY US. As operators of the Virtual Therapist Network, our role is strictly limited to facilitating the communication between you and the Provider and to enable the provision of the Provider Services. It is up to you to consider and decide whether these services are appropriate for you or not.
You agree and acknowledge that you have been made aware of the fact that Provider Services are not a complete substitute for a face-to-face examination and/or session by a licensed qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information provided as part of the Provider Services. Furthermore, we strongly recommend you will consider seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified health care provider, by face-to-face appointment, because of information or advice you received through the Virtual Therapist Network.
THE VIRTUAL THERAPIST NETWORK IS NOT INTENDED FOR DIAGNOSIS, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
You are advised to exercise a high level of care and caution in the use of the Virtual Therapist Network and the Provider Services.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TO TAKE ACTIONS THAT MAY CAUSE HARM TO YOU OR OTHERS OR IF YOU FEEL ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. YOU ACKNOWLEDGE, CONFIRM, AND AGREE THE VIRTUAL THERAPIST NETWORK IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT YOU MUST NOT USE THE VIRTUAL THERAPIST NETWORK IN ANY OF THE AFOREMENTIONED CASES.
The Virtual Therapist Network may contain other content, products, or services that are offered or provided by third parties ("Third Party Content"), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. You confirm and acknowledge that we have no responsibility for any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE PROVIDER SERVICES OR THE VIRTUAL THERAPIST NETWORK, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION, AND/OR SERVICE OF ANY MENTAL HEALTH PROFESSIONAL OR ANY OTHER PROVIDER IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, WHO MAY BE ACCESSED THROUGH THE VIRTUAL THERAPIST NETWORK.
YOU AGREE, CONFIRM AND ACKNOWLEDGE WE DO NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE, OR PROVIDE ANY GUARANTEE, REPRESENTATION, OR WARRANTY, AND SPECIFICALLY DISCLAIM ALL REPRESENTATION AND WARRANTIES, WITH RESPECT TO (A) ANY PROVIDER; (B) ANY INFORMATION ABOUT ANY PROVIDER INCLUDING WITHOUT LIMITATION ANY QUALIFICATIONS, EXPERTISE, CLAIMS, OR BACKGROUND OF ANY PROVIDER; (C) THE PROVIDER SERVICES (WHETHER THROUGH THE VIRTUAL THERAPIST NETWORK OR NOT) INCLUDING WITHOUT LIMITATION ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY A PROVIDER; (D) THE CONTENT AND THE SUBSTANCE WHICH ARE PART OF THE PROVIDER SERVICES; (E) ANY OTHER CONTENT OR INFORMATION POSTED ON THE VIRTUAL THERAPIST NETWORK OR THROUGH THE VIRTUAL THERAPIST NETWORK; (F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACY, QUALITY OR APPLICABILITY OF THE VIRTUAL THERAPIST NETWORK AND THE PROVIDER SERVICES.
YOU AGREE, CONFIRM AND ACKNOWLEDGE THE VIRTUAL THERAPIST NETWORK IS PROVIDED "AS IS" AND THEREFORE YOU WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST US. THE USE OF THE VIRTUAL THERAPIST NETWORK IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.
ANY CONSULTATION WITH A PROVIDER VIA THE VIRTUAL THERAPIST NETWORK CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE PROVIDERS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT YOUR FULL AND SOLE RISK AND LIABILITY.
WE DO NOT ASSUME, AND WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE VIRTUAL THERAPIST NETWORK OR ANY PART OF THE VIRTUAL THERAPIST NETWORK; OR (B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THE VIRTUAL THERAPIST NETWORK, THE PROVIDERS OR THE PROVIDER SERVICES.
In the event of a dispute regarding any transaction conducted via the Virtual Therapist Network, you hereby relieve us from all manner of actions, claims, or demands and from any losses (direct, indirect, incidental, or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which you may have against one or more of the above.
YOU AGREE, CONFIRM AND ACKNOWLEDGE WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
YOU FURTHER AGREE, CONFIRM AND ACKNOWLEDGE OUR AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT AND ANY AND ALL USE OF THE VIRTUAL THERAPIST NETWORK WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE VIRTUAL THERAPIST NETWORK IN THE 3 MONTHS BEFORE THE DATE OF THE CLAIM.
WE EXPLICITLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION MADE BY A PROVIDER, WHETHER RELATING TO THE PROVIDER SERVICES OR NOT, IN CONNECTION WITH YOUR PAYMENT FOR THE PROVIDER SERVICES OR OTHERWISE. YOU AGREE, CONFIRM AND ACKNOWLEDGE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FOR ANY SUCH CLAIM.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
This section (limitation of liability) shall survive the termination or expiration of this Agreement.
You hereby confirm that you are at least 18 years old of age.
You hereby confirm that you are legally able to enter into a contract.
You hereby confirm and agree that all the information you provided in or through the Virtual Therapist Network, and the information that you will provide in or through the Virtual Therapist Network in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current, and complete.
You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to create a strong password (at least 12 characters using lower/uppercase, numbers, and symbols), to change it frequently, and to take extra care in safeguarding.
You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
You agree, confirm and acknowledge that we will not be liable for any loss or damage incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities that are made by using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
You agree and commit not to use the account or Account Access of any other person for any reason.
You agree and confirm your use of the Virtual Therapist Network, including the Provider Services, are for your personal use only and that you are not using the Virtual Therapist Network or Provider Services on behalf of any other person or organization.
YOU UNDERSTAND AND ACKNOWLEDGE THAT RECORDING ANY PART OF A VIDEO/AUDIO SESSION WITH ANOTHER PARTY IS STRICTLY FORBIDDEN AND AGREE NOT TO DO SO BY ANY MEANS (IE. COMPUTER, CAMERA, MOBILE PHONE, OR OTHER VIDEO RECORDING DEVICE). IF RECORDING A VIDEO/AUDIO SESSION IS DEEMED NECESSARY BY BOTH PARTIES, A DOCUMENTED AGREEMENT BETWEEN BOTH PARTIES AND SIGNED BY BOTH PARTIES MUST EXIST AND INCLUDE THE SPECIFIC DATE & TIME OF THE VIDEO/AUDIO SESSION(S) TO BE RECORDED.
You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Virtual Therapist Network's systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
You agree and commit not to make any use of the Virtual Therapist Network for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
You acknowledge that in order to operate, troubleshoot, and maintain the Virtual Therapist Network website and database, we must maintain a minimal core staff of management and developers who, by the nature of their trusted position, will/must have access to all website features, capabilities, and data stored on the Virtual Therapist Network website. For that reason, you should not have an expectation of 100% privacy when it comes to any written/typed data/information you enter/input into your account.
You agree and commit to not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code with your use of the Virtual Therapist Network and your relationship with the Providers and us.
If you receive any file from us, a Provider or Client/Patient through the Virtual Therapist Network, you agree to check and scan this file for any virus or malicious software before opening or using this file.
You will indemnify us, defend us, and hold us harmless from and against all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys' fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Virtual Therapist Network; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Provider Services) which were provided through the Virtual Therapist Network; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive the expiration or termination of this Agreement.
You agree and acknowledge you have been made aware that not all countries, territories, and/or states have the same laws concerning online therapy and its application to patients and/or clients outside the country, territory, and/or state(s) you are licensed.
You agree and acknowledge that before providing therapy or counseling services to patients or clients who live outside your country, territory, and or state, you will perform any required due diligence to ensure you are allowed to do so in both countries, territories, and/or states.
You agree and acknowledge that you have been made aware of this fact and will always strive to work within the spirit of the law and in the best interest of your clients.
You agree and acknowledge that it is your responsibility, not the Virtual Therapist Network or its officers, to be fully cognizant of the laws in your country, territory, and/or state as they apply to you while using this site in a Provider capacity and providing online therapy.
YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS, OF ANY NATURE, RESULTING FROM THE USE OF THE VIRTUAL THERAPIST NETWORK AND/OR THE USE OF ITS CLIENT-CHARTING SERVICES.
YOU FURTHERMORE RELEASE US AND AGREE TO HOLD US HARMLESS FOR ANY REPERCUSSIONS THAT ARISE, AT ANY TIME, AS A RESULT OF YOUR ACTIONS WITH A CLIENT OR OTHER PROVIDER AND REGARDLESS OF WHETHER THIS ACTION, TAKEN BY YOU, WAS MADE IN AN ONLINE OR OFFLINE CAPACITY.
You acknowledge payments made to the Virtual Therapist Network are made using the PayPal subscription service.
You acknowledge the Virtual Therapist Network cannot see, collect, save, and/or store any personal banking information from you through the use of our website or PayPal. This includes bank account/routing numbers, credit card numbers, or any other banking information you may have.
You acknowledge the Virtual Therapist Network does not bill or withdraw any fee from your bank account and/or credit card, but instead relies on a monthly payment (subscription) that you create and can cancel at any time through your PayPal account.
You acknowledge that it is your responsibility to keep your account with us in good standing. You further agree that if your account is not in good standing or you cancel your subscription at PayPal, your account and all its data will/may be removed from the Virtual Therapist Network system any time thereafter.
You agree and acknowledge that any written or verbally abusive conduct for any reason towards a client/patient, provider, or Virtual Therapist Network support person cannot be tolerated.
As a member (client or provider) of the Virtual Therapist Network, you agree to always act professionally and/or cordially with the Virtual Therapist Network staff, providers, or client members.
You acknowledge the Virtual Therapist Network retains all rights to immediately, and without notice, cancel your account for any behavior we believe was abusive.
As a provider, your profile page is how you advertise yourself and your services to potential clients who visit the Virtual Therapist Network website looking for help. Your profile page is a reflection of you and your service. Because your profile page is displayed prominently on the Virtual Therapist Network website, your profile is also a reflection of the Virtual Therapist Network and other professionals who use it to provide their services.
When creating/managing your profile page, you agree to ensure all the data you enter is complete, correct, and up-to-date. You further agree to use a professional photo and ensure your profile, when complete, reflects well on you and the Virtual Therapist Network website as a whole.
You acknowledge and agree the Virtual Therapist Network may edit the data displayed on its website and to make your profile more helpful, clear, and concise to potential clients and to assist you in acquiring more clients. These changes refer to formatting, spelling, and grammar; all with the sole intent of helping you achieve the very best and most effective listing/service possible.
You acknowledge your profile page if improperly used, could/can harm the Virtual Therapist Network brand and its professional members who rely on it for their own business. For that reason, you agree the Virtual Therapist Network may temporarily deactivate or remove your account, with or without notice, if we feel it is in the best interest of the company or other providers.
You acknowledge the Virtual Therapist Network also serves as a content-publishing platform for you, and other professional providers, to gain more search engine exposure for the purpose of acquiring new clients who want help.
You acknowledge the content you post to the Virtual Therapist Network will be indexed by Google and other major search engines for ranking (SERPs) purposes, which plays a large part in how this site and the other professional members are indexed, found on the Internet, and earn a living.
You acknowledge that any content you post to the Virtual Therapist Network website as a professional provider not only reflects on you and your service(s) but also the Virtual Therapist Network and the other professional providers who use it.
You agree to only post high-quality (informative with correct spelling, punctuation, & grammar) and original content that was written or outsourced by you for your use.
You agree this is a professional site dedicated to mental/behavioral health and to not post content on topics that might be considered sensitive, inflammatory, and/or opinion pieces. Sensitive topics include race, gender, religion, hate, and/or politics.
You agree to not post content with links that redirect potential clients to locations other than your website or Virtual Therapist Network profile page.
You acknowledge and agree that while the onus is on you for correct formatting, spelling, punctuation, and grammar (FSPaG) that we may from time to time, and at our discretion with or without notification, unpublish or delete any content that does meet the high-quality standard or make corrections to any content we feel will benefit you and the Virtual Therapist Network from such FSPaG changes.
You agree to maintain a back-up of all content you post to the Virtual Therapist Network website to protect your work from loss and hereby release us and hold us harmless for any content that should be lost or removed from the Virtual Therapist Network system for any reason.
You retain all rights to any client data you submit through the Mental Health Records (MHR) client charting service and you are responsible for protecting those rights. We take no responsibility and assume no liability for any client data you or any third party submits/posts on or through MHR. However, by posting client data to MHR, you grant us the right and license to use such data for the sole purpose of facilitating your use of the service.
The MHR system allows you to download your MHR client data to your computer desktop to save your work. You agree that it is your responsibility to download and save your MHR client data after you meet with a client and update their MHR records.
You acknowledge that if your Virtual Therapist Network account is deleted, any MHR data associated with your account will be deleted at the same time.
You acknowledge and agree that we may modify, suspend, disrupt or discontinue the Virtual Therapist Network, any part of the Virtual Therapist Network, or the use of the Virtual Therapist Network, whether to all clients or you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
For the removal of any doubt, we may terminate or prevent your use of the Virtual Therapist Network and any services provided by the Virtual Therapist Network (including but not limited to Provider Services) at our sole discretion for any reason and period.
The Virtual Therapist Network depends on various factors such as software, hardware, and tools, either our own or those owned and/or operated by our contractors and suppliers. Due to the highly technical nature of our service and the ever-increasing abilities of Internet criminals, we cannot guarantee the Virtual Therapist Network website will be uninterrupted or that it will be 100%, consistent, timely, error-free, or secure.
We may provide notices or other communications to you regarding this agreement or any aspect of the Virtual Therapist Network, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to info@VirtualTherapistNetwork.com.
This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Colorado excluding any rules governing choice of laws.
You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the federal courts situated in Teller County, Colorado and all parties agree to abide by the decision of the judges. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.
We may change this Agreement by posting modifications on/to the Virtual Therapist Network website. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Virtual Therapist Network website after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Virtual Therapist Network website and participation in its services.
We may freely transfer or assign this Agreement or any of its obligations hereunder.
The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.