PLEASE READ CAREFULLY:
1. ACCEPTANCE OF TERMS
Welcome to the Couples Recovery Center. The Couples Recovery Center provides the CouplesRecoveryCenter.com website (“Website”) to you, the Member, subject to the following Terms of Service. By signing this Agreement, you, (“Member”), agree to be bound by these Terms of Service. Please read them carefully. If you do not agree to these Terms of Service, please do not become a Member or place a listing on the Couples Recovery Center.
2. DESCRIPTION OF SERVICE
A. Member Access and Benefits
The Couples Recovery Center provides Member with access to:
- the Couples Recovery Center Directory where Member can create a listing to advertise their practice to potential clients, consumers, and the general public. Having a directory profile is optional for all members.
- Opportunities to publish blogs/articles.
B. Membership with the Couples Recovery Center
Membership with the Couples Recovery Center begins when a new Member receives an email of acceptance from the Director of the Couples Recovery Center and signs this agreement.
Membership with the Couples Recovery Center is free; however, the Couples Recovery Center reserves the right to revise rates and terms under this contract with 30 days’ notice.
You represent that:
- On average, the largest single part of my practice is dedicated to treating couples.
- You are willing to regularly consult with others at the Couples Recovery Center about clients (under complete confidentiality). These consultations can be in person or over the phone. You also agree to respond promptly to a colleague who is reaching out to you.
- When clinically appropriate, you will attempt to refer low fee or overflow clients to the MFT Associates and Couples Recovery Center colleagues.
- You care about the next generation of therapists and are eager to make yourself available to help train the MFT Associates (once per quarter).
- You maintain adequate insurance coverage including malpractice insurance.
- You will link to the Couples Recovery Center in your marketing material (web site, social media...).
C. Cancellation of this Agreement
Members may cancel their membership to the Couples Recovery Center at any time by sending an email to the Director of the Couples Recovery Center.
The Couples Recovery Center may cancel the membership Center at any time by sending an email to the Member.
Member agrees that the Couples Recovery Center is under no obligation to the Member except to provide the access and services described in Section 2, above.
The Couples Recovery Center makes no representations or warranties of any kind, either expressed or implied with regard to our Website, its content, or its operations. To the fullest extent of the law, the Couples Recovery Center disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Member agrees that the Couples Recovery Center has no liability of any kind whatsoever to the Member or to any individual, group, partnership, or corporation who may use the Service.
B. Assumption of Liability
Member agrees to assume all liability for directory profiles and all other listings published (including information, illustrations, files, images, claims, data, text, software, music, sound, photographs, graphics, video, messages, or other materials) including directory profiles and listings that the Couples Recovery Center has edited (“Content”), and agrees to assume any and all responsibility for claims occurring therefrom against the Couples Recovery Center.
Member agrees to assume all liability that may arise out of the the Member's practice of psychotherapy or coaching practice. Member acknowledges that the Member operates an independent psychotherapy or coaching business and agrees to assume any and all responsibility for claims occurring therefrom against the Couples Recovery Center.
C. Sharing of Personal Information
Member agrees that all personal information entered by the Member and stored by the Couples Recovery Center may be transferred and shared in the event that the Couples Recovery Center should be sold or given to another organization, corporation, or individual.
Member agrees to indemnify, defend, and hold harmless the Couples Recovery Center against any loss or liability resulting from Content, whether the Member’s Content has been edited by the Couples Recovery Center or not, including, but not limited to, any claims by third parties who may use Member’s services.
Member agrees to indemnify, hold harmless, and defend the Couples Recovery Center and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the Couples Recovery Center website, the placement, posting, or transmission of any messages, information, content, or other materials on or through the Couples Recovery Center website by Member or users of Member’s account, the editing, altering, or changing of Member’s profile or listing (including text, content, grammar, and spelling changes) made by the Couples Recovery Center editorial team, or any breach or violation of these Terms of Service by Member or users of Member’s account.
E. Intellectual Property Rights
Member understands that all trademarks and other claims of intellectual property rights, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, the Member, and not the Couples Recovery Center, are entirely responsible for all Content with your account at the Couples Recovery Center, regardless of authorship or origination. The Couples Recovery Center, does not guarantee the accuracy, integrity, or quality of such Content. Member agrees to observe all statutes, ordinances, rules, and regulations with respect to the use of the Couples Recovery Center and the intellectual property rights of all persons who may claim an interest in any Content. Under no circumstances will the Couples Recovery Center be liable in any way for any Content whether or not the Couples Recovery Center originated or any other Service provided by the Couples Recovery Center pursuant to Member’s participation in the Website.
Member agrees the Couples Recovery Center does not claim ownership of Content which you, the Member, submit or make available for inclusion on the Service. Additionally, the Couples Recovery Center does not claim ownership of directory or profile or listing Content that the Couples Recovery Center has edited, altered, or changed. By submitting Content for inclusion on the Service, Member represents to the Couples Recovery Center that with respect to such Content, Member is the owner of all brand names, logos, and trademarks, or the duly authorized representative or licensee of such owner, and will indemnify and save the Couples Recovery Center free and harmless from any liability arising out of the use of such brand names, logos, and trademarks included in such Content.
Member grants the Couples Recovery Center a perpetual, worldwide, irrevocable, royalty-free nonexclusive license to all Member Content posted on the site, including the right to distribute, display, transmit, store, edit, and create derivative works of such Content. Member expressly grants the Couples Recovery Center the right to edit Member’s Content and Member’s profile for any reason, with or without notice, in the Couples Recovery Center’s sole discretion. This includes, without limitation, the right to remove content, the right to revise content, and/or the right to change or post any image on Member’s profile.
F. Member’s Membership Duties, Obligations, and Limitations
Member agrees to provide true, accurate, current, and complete information about themselves and their practice as prompted by the Service’s sign up procedure and to maintain and update the Service’s directory profile and listing data to keep it true, accurate, current, and complete.
Member agrees that the Couples Recovery Center has the right to suspend or terminate your membership and refuse any and all current or future use of the Service for any cause and without prior notice.
Member agrees that the Couples Recovery Center reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Member agrees that the Couples Recovery Center shall not be liable to Member or to any third party for any modification, suspension, or discontinuance of the Service.
Member agrees that the Couples Recovery Center reserves the right to modify and alter the profile narrative, text, and other Content that Member has submitted in an effort to reduce spelling and grammar errors, eliminate content duplicated from other websites, improve the overall quality of the narrative, and to increase the number of potential referrals for Members. Member agrees that there is no guarantee that the changes the Couples Recovery Center makes to profile narrative text content will achieve the above-mentioned objectives.
Member agrees that the Couples Recovery Center shall have the right, in its sole discretion, to promote the Couples Recovery Center Directory through various partnerships, promotional activities, advertising, and through direct use of the Couples Recovery Center Directory by selected partner websites which the Couples Recovery Center deems useful, effective, and in the interest of the Couples Recovery Center and its Members. Member agrees and understands that through these promotional relationships the Member profile can be displayed and hosted on other third party websites with whom the Couples Recovery Center has a trusted relationship.
Member agrees that the Listing space provided to the Member will not be sublet to others, nor used for other purposes than herein named.
Member agrees that any links to third party sites are provided solely for convenience. Such sites are not under the control of the Couples Recovery Center, and the Couples Recovery Center is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
Member agrees that advertisers and sponsors are not related to the Couples Recovery Center other than by a business relationship. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between Member and such advertiser. Member agrees that the Couples Recovery Center shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, products, or services or as the result of the presence of such advertisers on the Service.
Member agrees that this Terms of Service Agreement is periodically reviewed and updated as needed and that it is the Member’s responsibility to stay abreast of these changes. Member is responsible for comporting their usage of the Services provided by the Couples Recovery Center to the most current Terms of Service Agreement.
G. Electronic Communications
Member consents to receive communications from the Couples Recovery Center electronically. the Couples Recovery Center will communicate with you by email or by posting notices on this Website. Member agrees that all agreements, notices, disclosures, and other communications that the Couples Recovery Center provides to you electronically satisfy any legal requirement that such communications be in writing.
Member agrees to not use the Service to:
upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
intentionally or unintentionally violate any applicable local, state, national, or international law;
create a competing website offering the same or substantially similar services to those provide through our Website or Service;
decompile, disassemble, or reverse engineer our Website, Service, and any related software found herein;
redistribute our Content in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
I. Miscellaneous Legal Provisions
Member agrees that these Terms of Service, the Membership and placement and publication of information and content on the Couples Recovery Center website are governed by the laws of the State of California, without regard to its conflict of law principles. Member agrees that the City of San Jose, in which the Couples Recovery Center is located, shall be the forum for any legal action relating to our Website, Content, Service, and listings placed or published. Any cause of action by you with respect to our Website, Content, or Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Terms of Service be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Terms of Service, this Terms of Service shall take precedence. The failure of the Couples Recovery Center to enforce any provision or right of these Terms of Service will not constitute a waiver of such provision or right.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.