Terms and Conditions | The Affirmative Couch

Terms & Conditions

Effective Date: January 30, 2019

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE By accessing, viewing, downloading or otherwise using https://affirmativecouch.com.com (“Website“), or any webpage or feature available through the Website, any information provided as part of the Affirmative services, or any related emails, newsletters or other services (hereinafter collectively, “Services”), or by completing the member registration process, whether you are a “Visitor” (which means that you simply browse the Services) or you are a “Member” (which means that you have registered with the Affirmative Couch), you conclude a legally binding agreement with The Affirmative Couch LLC, based on the terms of this Agreement, our Privacy Policy, and  become a an Affirmative Couch user (“User”). If you are using the Website on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude this Agreement, do NOT complete the member registration process and do not access, view, download or otherwise use any Affirmative Couch webpage, information or Services.

Please Note: We may change these terms from time to time. You will always be able to view the most current version by clicking on a link at the bottom of any page on our site.

This web page represents a legal document and is the Terms and Conditions (“Terms”) for our Website. By using our Website you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

1. DEFINITIONS

The terms “we”, “us”, “TAC”, and “our” refer to The Affirmative Couch, LLC.  The term “Site” refers to affirmativecouch.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

All text, information, graphics, design, photos, images, materials, documents, data and intellectual property accessible on or offered through our Website or Services, are collectively known as our “Content” is our property and is protected by the United States intellectual property laws.  On the Site we provide information related to mental health, therapist listings, mental illness, and therapy (the “Service”).

Use of the Site including all materials presented herein and all online services provided by us, whether made available for purchase or not is subject to the following Terms.  These Terms apply to all site visitors, customers, and all other users of the site.  By using the Site or Service, you agree to these Terms, without modification, and acknowledge reading them.

2.  AUTHORIZED USE

Subject to these Terms of Use, affirmativecouch.com grants you the right to access and use this Web site. Unless otherwise specified, or agreed-upon by us, this site is for your personal, non-commercial use only. You must be 18-years or older to use this site.

3.  NO UNLAWFUL OR PROHIBITED USE.

As a condition of your use of this Web site, you warrant to affirmativecouch.com that you will not use this site for any purpose that is unlawful or prohibited by these Terms of Use. You agree not to use this site in any manner that could damage, disable, overburden, or impair this site or interfere with any other party’s use and enjoyment of this site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this site.

4. REVISIONS AND ERRATA

The materials appearing on TAC’s web site could include technical, typographical, or photographic errors. TAC does not warrant that any of the materials on its web site are accurate, complete, or current. TAC may make changes to the materials contained on its web site at any time without notice. TAC does not, however, make any commitment to update the materials.

5.  COPYRIGHTS

All Rights Reserved. All course materials offered by TAC are copyrighted by either TAC or its licensed content providers. This Site and/or Service contain intellectual property owned by The Affirmative Couch, LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the The Affirmative Couch, LLC name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of The Affirmative Couch, LLC.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part without our prior written consent.  We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are found to be violating this intellectual property policy.

You are permitted to hypertext link to the content of our website provided that you give full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the website page from which the content was obtained.

Our content, as found within our Website and Services, is protected under United States intellectual property rights laws.  Copying, redistribution, use or publication for commercial use by you of any such Content is a violation of our intellectual property rights.   Your use of TAC’s Website and Services does not grant you any ownership right to our Content. Purchase of a course includes a license for one person to use the course materials for a period of 12 months from the date of activation unless otherwise stated. It is not permissible to distribute files containing course materials or printed versions of course materials to individuals who have not purchased the course(s) without the express written consent from TAC. It is also not permissible to make the course materials available to others over a computer network, Intranet, Internet, or any other storage, transmittal, or retrieval system without the express written consent of TAC.

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made before you use Content by sending an email to info@affirmativecouch.com

6.  MEMBERSHIP & PAYMENT

MEMBERSHIP IS NON-REFUNDABLE

Each Member shall pay a membership fee based on the chosen membership level. All memberships will automatically renew on the basis chosen (annual, etc.) at the rate paid (unless a discount was applied). All rates are subject to change.

Your membership will continue until terminated. Unless you cancel your membership before your payment date, you authorize us to charge your membership fee to your Payment Method. To use the services, you must have Internet access and a compatible device, and you must provide us with a current, valid, accepted method of payment, which you may update from time to time (“Payment Method”). Payments. Any and all payments made through affirmativecouch.com and for the Services are nonrefundable (unless noted otherwise).

Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, shall be subject to this Agreement. For as long as the Affirmative Couch continues to offer the Services, the Affirmative Couch shall provide (and seek to update, improve and expand, in similar and different new ways) the Affirmative Couch platform and Services with the purpose of providing professional training resources for therapists, through the Affirmative Couch’s proprietary tools, rules and protocols which the Affirmative Couch may update, improve, discontinue and change at any time, at Affirmative Couch’s sole discretion. We allow you to access the Services as they may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or to charge and modify prices for the Services. All of these changes shall be effective upon their posting on our Website or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Services and all related items.

7.  BILLING

Billing Cycle. The membership fee for our service will be billed on a on a recurring basis in accordance with your membership plan. You will be billed to your Payment Method on the calendar day corresponding to the commencement of your paid membership. In some cases, the timing of your billing may change, for example if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month.

Payment Methods. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to our services until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation. You can cancel your Membership at any time, and you will continue to have access to affirmativecouch.com’s services and content through the end of your billing period. If you want to enquire about a payment made on your account, please contact us at: sales@affirmativecouch.com. To cancel, please select the mechanism to cancel on your membership page. If you cancel your membership, your account will automatically close at the end of your current billing period.  We do not provide refunds or credits for any partial membership periods or lessons or Courses. Please contact us at: sales@affirmativecouch.com

Changes to the Price and Service Plans. We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 30 days following email notice to you. For all payment related enquiries, please contact us at: sales@affirmativecouch.com.

8.  ADVERTISEMENTS AND LINKS

The Site contains advertisements and other types of links to third party web sites (e.g., co-branding, links, links to services, reference links in Content). These third-party Web sites are not under our control and we are not responsible for any linked third-party Web sites or for the content, products and/or services they provide. YOUR USE OF LINKED THIRD-PARTY WEB SITES IS AT YOUR RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITES. UNLESS EXPRESSLY STATED BY US, WE DO NOT RECOMMEND OR ENDORSE THE CONTENT, PARTICULAR PRODUCTS, SERVICES OR WEB SITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH CONTENT, PRODUCT, SERVICE, OR WEB SITE MAY BE ACCURATE, NECESSARY OR APPROPRIATE FOR YOU OR FOR YOUR USE IN RENDERING CARE TO PATIENTS.

However, if you experience a problem with a third-party site, please let us know by contacting support at ads@affirmativecouch.com and we will investigate the link and take appropriate action.

9.  INTERACTIVE AREAS

You may be permitted to access and use blogs, email forms, discussion groups, bulletin boards, and other forms of group electronic communications through the Site (“Interactive Areas”). If you participate in or use any Interactive Area, you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the content you may post on or using these Interactive Areas. We make no representation that your use of the Interactive Areas will comply with applicable laws or that they were designed to comply with the applicable laws. You also expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Site. You further expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called “spam” or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Site, computer systems or networks connected to the Site, through password mining or any other means; or (g) interfere with another user’s use and enjoyment of the Site.

We do not and are not responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified by one of our users of any material that is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. We reserve the right to edit or delete any material posted on our Site, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.

We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. We also do not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS AND YOUR USE OF THOSE AREAS IS AT YOUR OWN RISK.

10. USER CONTENT

You grant us a license to use the information and materials you post to our Website.  By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“User Content”) to our Website, you are granting us and any affiliates, a license to use the User Content in connection with the operation of our business, including without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat your User Content. You understand and agree that you will not be compensated for any User Content.  By posting User Content on our Website or Service, you warrant and represent that you own the rights to the User Content or are authorized to post, display, distribute, perform, or transmit User Content.

11.  WARRANTY DISCLAIMER

The information provided on this site is for educational or informational purposes only and should not be treated as medical or behavioral health care advice. The information is not intended to be used for medical diagnosis or treatment or as a substitute for consultation with a qualified health care provider. Please consult your health care provider if you have any questions or concerns about your health.

The Affirmativecouch.com online therapist listings is offered solely as a courtesy to visitors of our site. Affirmativecouch.com does not examine, determine, or warrant the competence of any mental health professional or treatment facility listed in the directory. Use of the directory to locate a mental health professional or facility is wholly voluntary and will not result in any liability against Affirmativecouch.com. In no event shall Affirmativecouch.com be liable for damages to any user of the directory for the voluntary selection of any professional or facility, for the services provided by any professional or facility listed therein, or for any other damages which may occur. Affirmativecouch.com cannot and does not provide any warranties related to the information contained in or resulting services from a professional or facility listed in the directory.

Affirmativecouch.com recommends that you check the certification and/or licensing of any mental health professional or other health care provider with the applicable state licensing Board or authorities and that you verify that the professional or treatment facility has current malpractice insurance coverage.

Affirmativecouch.com does not promise that this site will be error-free, uninterrupted, nor that this site will provide specific results from your use of any content, search or link on it. We do not warrant or represent that files you download from this site will be free of viruses or other harmful features. Products and services offered by TAC are not available in all states or license types.

DO NOT RELY ON THE WEBSITE, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR THE WEBSITE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE SERVICES OR ANYTHING RELATED TO THE SERVICES, YOU MAY LEAVE THE WEBSITE AND TERMINATE THE AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. THE AFFIRMATIVE COUCH IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE WEBSITE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO USE SUCH MATERIAL, SERVICE, OR TECHNOLOGY. THE AFFIRMATIVE COUCH DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS; THEREFORE, THE AFFIRMATIVE COUCH DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

THE AFFIRMATIVE COUCH DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS.

12.  LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL AFFIRMATIVECOUCH.COM, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THIS SITE. IN NO EVENT SHALL AFFIRMATIVECOUCH.COM’S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF AFFIRMATIVECOUCH.COM’S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS, IF ANY, PAID BY YOU TO AFFIRMATIVECOUCH.COM FOR ACCESSING THIS SITE.

13.  INDEMNITY.

You agree to indemnify and hold Affirmativecouch.com and its partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney’s fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

14. OUR RELATIONSHIP TO YOU

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and the Affirmative Couch.

15. DISPUTE RESOLUTION

Any legal controversy or claim arising from or relating to these Terms and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, and our Service will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration will be conducted in Los Angeles, CA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.  You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, CA necessary to protect the rights or property of you and us pending the completion of arbitration.

16.  GENERAL

This Agreement shall be governed in all respects by the laws of the State of California without giving effect to its conflict of laws provisions. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of Los Angeles, and further agree that any cause of action arising under this Agreement shall be brought in such venue. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Affirmativecouch.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between you and Affirmativecouch.com with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.

17. SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with affirmativecouch.com outside the United States:  You consent to having your personal data transferred to and processed in the United States.

18. TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of affirmativecouch.com’s website and destroying all Contents obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. TAC may terminate at any time your access to any and the Website and content without notice for any reason or no reason, including if in our sole discretion you fail to comply with any term or provision of these Terms and Conditions. You agree that TAC will not be liable to you or to any third party for termination of your access to the website as a result of any violation of these Terms and Conditions.

UPDATED 01/30/2019