Terms and Conditions
Last Updated: April 11, 2016
1.4 If you are unwilling to be bound by these Terms, you will not click “I AGREE” below; you understand you will not have access to some or all of the Site in such event. SimpleTherapy, in its sole discretion, reserves the right to decline to grant you access to the Site, and/or to revoke your access to the Site at any time.
1.5 Various features of the Site may be offered or processed through a third-party service provider, which may be a company unaffiliated with SimpleTherapy, or through an affiliate of SimpleTherapy. Unless otherwise noted, all authority granted to, or limitations of liability of, SimpleTherapy shall include its affiliates, agents and representatives and any service provider to SimpleTherapy, and agents or affiliates acting on behalf of SimpleTherapy are authorized to provide the services contemplated by these Terms.
1.6 I UNDERSTAND THAT CLICKING “I AGREE” IS THE LEGAL EQUIVALENT OF MY MANUALLY SIGNING THE TERMS, AND YOU WILL BE LEGALLY BOUND BY THE TERMS. YOU UNDERSTAND THAT BY ACCESSING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS.
2.1 The Site is only available for individuals aged 18 years or older. If you are a natural person, you represent that you have attained the age of 18 and have the legal capacity to enter into these Terms and perform your obligations under them. If you are a legal entity, including without limitation a corporation, limited liability company, partnership, estate or trust, you represent that you have all necessary power and authority to execute and perform these Terms and that the execution and performance of these Terms will not cause you to violate any provisions in your charter, by-laws, operating agreement, partnership agreement, trust agreement or other constituent agreement or instrument. You further represent that these Terms, as amended from time to time, are your legal, valid and binding obligation, enforceable against you in accordance with its terms. Any use of the Site by an individual under 18 years old is unauthorized and unlicensed.
3. CHANGES TO THE TERMS OR SITE
3.1 We may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on the Site. Your continued use of the Site after any changes in these Terms shall constitute your consent to such changes. We reserve the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).
4. CONTENT ON THE SERVICES
4.1 The Services and all materials made available on the Site (including, but not limited to news offering memoranda, articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content“) are protected by U.S. and international copyright laws, and owned or controlled by us or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.
4.3 You understand that by using the Site, you may come across content that may be considered offensive, vulgar, indecent, or otherwise objectionable, which content may or may not be identified as having explicit language. Your use of the Site is at your sole risk and the SimpleTherapy shall not be liable to you for content that may be found to be offensive, vulgar, indecent, or otherwise objectionable, including the pictures, information, materials and other content submitted, posted or displayed by the users of the Site.
4.4 The descriptions and information, such as genres, sub-genres, categories, sub-categories and the like, are provided for convenience only, and you acknowledge and agree that SimpleTherapy does not guarantee their accuracy.
5. PROPRIETARY RIGHTS
5.1 SimpleTherapy owns and retains all proprietary rights in the Site and the Service. The Site contains the copyrighted material, trademarks, and other proprietary information of the Site, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
6. ELECTRONIC COMMUNICATIONS
6.1 When you use any part of the Service, or send e-mails to us or to any SimpleTherapy employee/agent/account or other User, you are communicating electronically. You consent to receive communications from us and any SimpleTherapy employee/agent/account electronically. We will communicate with you by e-mail or by posting notices on the Site or through the other Services. You agree that all agreements, notices, disclosures and other communications that we or any SimpleTherapy employee/agent/account provide to you electronically satisfy any legal requirement that such communications be in writing.
6.2 You understand and agree that the Site may include service announcements and administrative messages as well as other non-transactional communications, and that agreeing to receive these communications is a requirement of participation in the Site. You will not be able to opt out of receiving these communications. You agree not to access the Site by any means other than through the interfaces that are provided or approved by SimpleTherapy.
6.3 By registering with SimpleTherapy, you are opting into receive text messages and other alerts from SimpleTherapy. By registering with SimpleTherapy you are electing to receive text messages (SMS messages) to your mobile phone from SimpleTherapy, you acknowledge and agree that your wireless provider may charge you for sending or receiving text messages and/or there may be additional data charges from your wireless provider that apply. You may opt out of text message delivery at any time by emailing us at firstname.lastname@example.org
7. REGISTRATION & PASSWORD
7.1 In order to utilize the Services, you must maintain certain relationships with SimpleTherapy, which may include, without limitation, maintaining certain account types with certain SimpleTherapy affiliates (an “Eligible Relationship“). You understand that we may determine in our sole discretion what constitutes an Eligible Relationship, and further that we may amend or revise the meaning of Eligible Relationship without notice, in which case your status as a Member may be subject to immediate termination. The Site is available to you only via a connection through the internet. You are responsible for paying any and all service fees associated with your access. In addition, you must provide all equipment necessary to make such connection to the internet, including a computer and modem or other access device. You understand you are not eligible to be a User if you are not 18 years of age or older.
7.2 Whenever you provide us information on the Site, you agree to:
(a) provide true, accurate, current and complete information and
(b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to
suspect that the information is, untrue, inaccurate, not current or incomplete, we may without notice suspend or terminate your access to the Site and refuse any and all current or future use of the Site (or any portion thereof).
7.3 If any portion of the Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of SimpleTherapy under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time, without the permission of the account holder.
7.4 SimpleTherapy reserves the right in its discretion (i) to monitor your use of the Site and Information transmitted through the Site, (ii) to restrict or foreclose access from certain Internet sites or other resources, and (iii) to take other actions it deems necessary to protect the Site and its resources. Due to this monitoring, you understand you cannot expect that communications through the Site will remain “private” or otherwise free of review.
8. ACCOUNT SECURITY
8.1 The security of your personal identifying information is important to us. While there is no such thing as “perfect security” on the internet, we will take reasonable steps to help ensure the safety of your personal identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that we make no warranty, guarantee, or representation that use of the Site is protected from viruses, security threats or other vulnerabilities.
8.2 If you use any SimpleTherapy Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. SimpleTherapy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
8.3 Users of the Site provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on the Site, or create an account for anyone other than yourself without permission.
2. You will not create more than one account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use the Site if you are under 18.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. You will not transfer your account to anyone without first getting our written permission.
9. PROTECTING OTHER PEOPLE’S RIGHTS
a. You understand that the Service and the content available through the Service, including but not limited to, sound recordings, videos and artwork, include a security framework using technology that protects digital information and limits your usage of the Service to certain rules of conduct established by SimpleTherapy and its licensors (“Rules of Conduct”). You agree to comply with such Rules of Conduct, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, reverse engineer, decompile, disassemble, or otherwise tamper with any of the security components for any reason whatsoever. Rules of Conduct may be controlled and monitors by SimpleTherapy for compliance purposes, and SimpleTherapy reserves the right to enforce the Rules of Conduct with or without notice to you. Please review carefully the Rules of Conduct provided in this Agreement.
b. You will not post content or take any action on the Site that infringes or violates someone else’s rights or otherwise violates the law.
c. We can remove any content or information you post on the Site if we believe that it violates these Terms or our policies.
d. You will not use our copyrights or trademarks, or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
e. You will not post anyone’s identification documents or sensitive financial information on the Site.
11. COPYRIGHT AND AUTHORIZATION
11.1 The Site provides you access to a wide variety of information, investments, communications, advertising and other services, products, data and materials (“Content“). Some of the Content is owned by us and/or our affiliates. Other portions are owned by non-SimpleTherapy companies or third parties such as suppliers, vendors, and licensors (including Content that is generated by users as further described in Section 16). All content included in or made available through any of our Services, such as text, graphics, logos, button icons, images, audio or video clips, digital downloads, and data compilations is the property of SimpleTherapy or its content suppliers and is protected by United States and international copyright laws. The compilation of all Content included in or made available through any Service is the exclusive property of SimpleTherapy and protected by U.S. and international copyright laws.
11.2 You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Site’s Copyright Agent for notice of claims of copyright infringement can be reached at email@example.com.
12. TRADEMARKS AND SERVICE MARKS
12.1 Trademarks (including but not limited to our Logo) that are used or displayed on the Site are owned by us or by third parties other than SimpleTherapy that offer and provide products and services on or through the Site. The trademarks on the Site may not be copied or used, in whole, partial or modified form, without the prior written permission of SimpleTherapy or, if applicable, its licensor. In addition, our custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without our prior written permission. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SimpleTherapy. You may not use any meta tags or any other “hidden text” utilizing a SimpleTherapy name, trademark, or product name without SimpleTherapy ´s express written consent. Other trademarks and trade names are those of their respective owners.
12.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any SimpleTherapy Service are trademarks or trade dress of SimpleTherapy in the U.S. and other countries. SimpleTherapy ‘s trademarks and trade dress may not be used in connection with any product or service that is not SimpleTherapy ‘s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits SimpleTherapy. All other trademarks not owned by SimpleTherapy that appear in any SimpleTherapy Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SimpleTherapy.
13. LICENSE AND ACCESS
13.2 Without limiting the generality of the foregoing, no Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into Cuba, North Korea, Iran, Sudan, Syria or any other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports. By downloading or using the Software or underlying information or technology, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. THIRD-PARTY PRODUCTS AND SERVICES
14.2 The Site may contain links to other sites, resources, and advertisers not operated by SimpleTherapy. The links are provided for your convenience. The inclusion of any links to other Site does not imply affiliation, endorsement or adoption by SimpleTherapy of those Site or the contents therein. We are not responsible for the contents, links or privacy of any linked Site. Access to any other Site linked to the Site is at your own risk. When leaving the Site, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party Site.
14.3 You further acknowledge and agree that the Site 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 upon, any such Content, goods or services available on or through any such site or resource.
15. PRODUCT AND SERVICE INFORMATION & LIMITATIONS
15.1 Limitations of the Nature of the Service
SimpleTherapy is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
You should understand that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge SimpleTherapy from any and all claims or causes of action, known or unknown, arising out of your participation in the exercise programs made available by SimpleTherapy.
The Service is meant to provide instructions that can be used as a home exercise program. No content or communication provided through the Service should be construed as medical or physical therapy advice nor should you use the Service for diagnosis, treatment, or prevention of any disease or condition. Before beginning any exercise program, including those described and demonstrated through the Service, you should consult with a qualified healthcare professional. Neither SimpleTherapy nor any person affiliated with SimpleTherapy is your physician or physical therapist. The Service is intended for informational purposes only. The Service should not be considered a replacement or substitute for consultation with a healthcare professional. If you have questions or concerns about your health, please contact your healthcare professional. If continued use of the Service is causing you pain, you should immediately cease using the Service and contact a healthcare professional. Never disregard professional medical advice or delay in seeking it because of something you have read or heard on the Service. Continued use of the Service when experiencing pain shall be at your own risk. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
SimpleTherapy does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the content provided by the Service. Reliance on any information provided by SimpleTherapy, SimpleTherapy employees, others appearing on the Service at the invitation of SimpleTherapy, or other visitors to the Site or user of the Service is solely at your own risk.
15.2 SimpleTherapy does not warrant that information, graphic depictions, product and service descriptions or other content of the Site is accurate, complete, reliable, updated, current, or error-free. SimpleTherapy may make improvements or changes to any of its content, information products, services, or programs described on the Site at any time without notice. You agree to notify SimpleTherapy immediately if you become aware of any errors or inconsistencies with any products or services through the Site and comply with any corrective action taken by SimpleTherapy.
15.3 The store of the Site and/or Service also offers the possibility to purchase physical goods, for the prices indicated in such store. You acknowledge and agree that these prices are exclusive of shipping costs and applicable taxes and that if you purchase any physical good in the store, such shipping costs and taxes will be billed to your credit card in addition to the prices charged for the items you purchased.
15.4 Subject also the type of membership that you sign up for, you acknowledge and agree that the content that is available to you is the content available in the country in which the credit card you designate during the purchase process was issued.
15.5 SimpleTherapy shall have the right to change, suspend, remove, or disable access to any products, materials or other content available on the Service at any time without notice, including, but not limited to, personalized audio and video renditions of sound recordings. SimpleTherapy shall not be liable for the removal of or disabling of access to any such product, material or content.
15.6 SimpleTherapy reserves the right to change any and all content available in the Service and the pricing of such content and/or Service, including the membership fees charged for access to the Service and the prices of the physical goods, at any time without notice.
16. USER SUBMITTED CONTENT
16.1 Our Site may have “publicly accessible areas” such as message boards, forums, member profiles, comment sections, user reviews, form submissions, and content commentary, or other features that allow users to post Content that will be accessible by the public or the user population generally. With respect to any message, data, image, text, photos, graphics, audio, video or other material you elect to post to such publicly accessible areas of the Site, while you retain any and all of your lawfully owned rights in such Content, you grant SimpleTherapy a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content which you provide (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of the Site to access, display, view, store, distribute, perform, reproduce and prepare derivative works of, such Content that you have placed in publicly accessible areas of the Site. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your Content. SimpleTherapy is under no obligation to post or use any Content you may provide and SimpleTherapy may remove your Content at any time in its sole discretion. You agree that SimpleTherapy is not under any obligation of confidentiality, express or implied, with respect to your Content. You represent and warrant that you own or otherwise control all necessary rights to the Content that you post, that such Content is accurate, that use of the Content you supply does not violate these Terms, specifically including without limitation the requirements of Section 19 (Acceptable Use), and will not cause injury to any person or entity, and that you will indemnify SimpleTherapy for all claims resulting from the Content you supply.
16.2 You agree not to propose, post or submit to SimpleTherapy ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as “Submitted Material“) through the Site. In the event you do so, you hereby grant to SimpleTherapy a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to SimpleTherapy the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that SimpleTherapy is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against SimpleTherapy for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to SimpleTherapy, including the posting of materials to any forum or interactive area on the Site, irrevocably waives any and all “moral rights” in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.
16.3 SimpleTherapy does not generally pre-screen or control Content posted by users of the Site, and, therefore, does not guarantee the accuracy, integrity or quality of such Content. SimpleTherapy shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any Content that is available via the Site for any or no reason, including that any Content violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability for any Content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As the provider of the Site, we are only a forum and are not liable for any statements, representations, or Content provided by Site users. Any opinions, advice or recommendations expressed therein are those of the users providing such Content and not those of SimpleTherapy. We do not endorse any Content or any opinion, recommendation or advice expressed therein.
16.4 No reviews, comments, photos, suggestions, ideas, comments, questions, or other content or information posted to the Site shall contain illegal, obscene, threatening, or defamatory material; nor shall any such posted content be invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Posted content shall not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SimpleTherapy reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
16.5 If you do post content or submit material, and unless we indicate otherwise, you grant SimpleTherapy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SimpleTherapy and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SimpleTherapy for all claims resulting from content you supply. SimpleTherapy has the right but not the obligation to monitor and edit or remove any activity or content. SimpleTherapy takes no responsibility and assumes no liability for any content posted by you or any third party.
16.6 You understand that you participate in the Site at your own risk, and SimpleTherapy expressly disclaims responsibility for the Content found on the Site. SimpleTherapy has the right (but not the obligation) to review and take down any Content submitted to the Site. You understand that by accessing the Site you may be exposed to material that you deem to be offensive, indecent, obscene or otherwise objectionable. Under no circumstances will you hold SimpleTherapy and its subsidiaries, affiliates and their respective officers, directors, agents, shareholders and employees (the ” SimpleTherapy Parties“) liable for any Information, Public Information or other Content displayed or made available through the Site, or for any loss or damage of any kind incurred as a result of your use of the Site.
16.7 You understand that from time to time, and in SimpleTherapy’s sole discretion, your Site ID, Content or other publicly disclosed information may be appended by, preceded by or otherwise notated with a badge or other special identifier (“Notation“). As part of the Notation, SimpleTherapy may in its sole discretion permit you to upload or otherwise make available for public disclosure (e.g. in Workbench) supplemental information not generally provided in the normal course by other members (“Supplemental Information“). Supplemental Information may include, without limitation, biographical information, and other media & content related information. You understand and agree that you are solely responsible for the accuracy of the Supplemental Information associated with your Site ID and/or Content, and that you are responsible for immediately notifying SimpleTherapy of changes to, or inaccuracies in, the Supplemental Information. YOU UNDERSTAND AND ACKNOWLEDGE THAT NOTATION IS GRANTED IN SIMPLETHERAPY’S SOLE DISCRETION AND THAT SIMPLETHERAPY MAY, IN ITS SOLE DISCRETION AND WITH OR WITHOUT CAUSE OR NOTICE, REVOKE THE NOTATION.
17. REPRESENTATIONS AND WARRANTIES
17.2 The Site does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
17.3 SimpleTherapy and the site are a privately owned and operated business. SimpleTherapy and the site do not in any way represent or act as an agent for the Veterans Health Service, the Centers for Medicare and Medicaid, or the Federal Government.
18. MEMBERSHIPS & PAYMENT
18.1 The Service is available through one of the following memberships:
(a) Trial Membership: You may access and use the Service for free for either one session of your choice, or for a limited time frame up to one month upon providing a valid and authorized free trial code.
(b) Weekly Membership: You may access and use the Service in consideration for the weekly payment of the sum indicated on the SimpleTherapy Site and/or Service at the time that you select and make your first payment for the membership. Such membership will allow you to stream, listen to the catalog of content available on the SimpleTherapy Site and/or Service. This membership shall remain effective, and you shall pay the weekly payment indicated, up until you cancel your Membership or close your account in accordance with the provisions of this Agreement. If you cancel your Membership, you will still have access to the Service until the date of expiration (i.e. you will have access to the full time period for which you have paid).
(c) Sponsored Membership: As an eligible employee of a SimpleTherapy client, or an eligible member of a SimpleTherapy client health plan, you may access and use the Service in consideration of the payment of the sum indicated in the SimpleTherapy client contract. Such sponsored membership will allow you to stream, listen to the catalog of content available on the SimpleTherapy Site and/or Service. This sponsored membership shall remain effective as per payment for the duration specified in the contract, up until you cancel your Membership or close your account in accordance with the provisions of this Agreement. If you cancel your Membership, you will still have access to the Service until the date of expiration (i.e. you will have access to the full time period for which your membership has been paid).
18.2 You agree to pay for the membership fees and the physical goods you purchase through the Service, and that SimpleTherapy may charge your credit card for the membership fees and the physical goods purchased, and for any additional amounts (including any applicable taxes and shipping costs) as may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing SimpleTherapy with a valid credit card for payment of all fees and expenses. All fees will be billed to the credit card you designate during the purchase process. If SimpleTherapy does not receive payment from your credit card issuer or its agents, you agree to pay all amounts due upon demand by SimpleTherapy. Your account may be reverted to free membership without notice to you if payment is past due, regardless of the dollar amount.
All payments must be made by VISA, MasterCard or American Express credit card. SimpleTherapy will not accept cash, checks or any other payment form. As Between You and SimpleTherapy, You are responsible for paying any amounts for services billed to your credit card by a third party who had access to your credit card or credit card number, whether or not such amounts were authorized by you.
18.3 Unauthorized Charges: Unless you notify SimpleTherapy of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release SimpleTherapy from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to SimpleTherapy within sixty (60) days of its first appearance on an invoice, bank statement or credit card statement.
18.4 NO REFUNDS: All fees paid and charges made prior to termination as provided herein, including any advance charge or payment for the membership period during which you terminate your membership, are nonrefundable. Termination of your membership and closing of your account shall not relieve you of any obligations to pay accrued charges.
18.5 You may, at your sole discretion and at any time decide to terminate this Agreement and close your account by logging into the SimpleTherapy Site and/or Service and clicking to Deactivate your account. You agree that if you decide to close your account, your profile will not appear in any search results, however, SimpleTherapy shall have the right to continue sending you emails in other fields.
18.6 If you fail to comply with any of the provisions of this Agreement, including, but not limited to, failure to make payment of fees due, failure to provide SimpleTherapy with a valid credit card or with accurate and complete Account Data, violation of the Rules of Conduct, or infringement or other violation of third parts’ rights, SimpleTherapy, at its sole discretion, without prior notice to you, may (i) terminate this Agreement and/or deactivate your account, and you will remain liable for all amounts due up to the date of termination; (ii) delete your profile or any information, content or picture that you have posted on the SimpleTherapy site and/or Service; or (iii) preclude access to the Service.
19. RULES OF CONDUCT/ACCEPTABLE USE
19.1 You agree to use the Site, Service and the Content (whether provided by us or others), as well as any Software provided in connection with the Site,
in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to the Site,
Service, related Software, or Content, nor will you use the Site or related Software to upload, post, email, distribute, transmit, link, solicit or
otherwise make available any Content or use the Site in any manner that:
1. is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive;
2. infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights;
3. removes any proprietary notices or labels on the Content;
4. advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
5. changes the topic of a thread to purposefully disrupt the flow of a conversation (i.e., thread jacking);
6. is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
7. constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
8. interferes with others using the Site;
9. is off-topic according to the description of the group, forum or webpage;
10. contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
11. contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
12. disrupts, interferes or inhibits any other User from enjoying the Site or other affiliated or linked Site, material, contents, products and/or services.
13. uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;
14. creates a false identity for the purpose of misleading others;
15. prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
16. uses any SimpleTherapy domain name as a pseudonymous return email address;
17. contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose, if any;
18. provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
19. attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Site;
20. reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Site or Content, use of the Site, or access to the Site;
21. publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
22. systematically collects and uses any Content including the use of any data mining, or similar data gathering and extraction methods;
23. makes derivative uses of the Site or the Content;
24. uses, frames, or utilizes framing techniques to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page);
25. harasses or advocates harassment of another person;
26. promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
27. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
28. provides material or solicits personal information from anyone under the age of 18;
29. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; and/or
30. modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Site. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Site’s underlying technology.
31. The Service offers interactive features that allow you to record personalized audio and/or video renditions of the sound recordings and to decide whether you want your personalized renditions to be accessible and viewable by your friends or the public. You agree that any and all of your personalized renditions of the sound recordings shall remain the exclusive property of SimpleTherapy. Except for the limited rights available to you from SimpleTherapy in the Service, you agree that the re-publication, broadcast, distribution, exhibition or other use of your personalized renditions of the sound recordings is prohibited, including without limitation, sending such recordings via email.
32. You further agree that when using the recording features of the Service and the public sharing of such recordings, SimpleTherapy shall automatically have the exclusive, royalty free, worldwide, perpetual, irrevocable, transferable and fully sub licensable right to use, reproduce, link to, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt, summarize, exhibit, broadcast and distribute these recordings in any media.
19.2 You understand that we may determine in our sole discretion what constitutes acceptable behavior and activity within the Site. Without limiting our right to make community standard and Content decisions in our sole discretion, you will not use the Site to:
1. impersonate any person or entity;
2. offer any contest, giveaway, or sweepstakes (“promotion”) on the Site;
3. engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another
4. express or imply that any statements you make are endorsed by the Site without our specific prior written consent;
5. remove any copyright, trademark or other proprietary rights notices contained in the Service;
6. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service;
7. “frame” or “mirror” any part of the Service or the Site, without the Site’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to the Site or the Service or the site in order to direct any person to any other website for any purpose; or
8. engage in actions that violate either the letter or spirit of the Terms, or which violate any applicable laws.
20. GEOGRAPHICAL RESTRICTIONS
21. GENERAL PRACTICE REGARDING USE AND STORAGE
21.1 You acknowledge that SimpleTherapy may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any email message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on SimpleTherapy´s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. Your use of this Site constitutes your consent to allow SimpleTherapy to store electronic communications on its servers. You agree that SimpleTherapy has no responsibility or liability for the deletion or failure to store any messages and other
communications or other content maintained or transmitted by the Site. You acknowledge that SimpleTherapy reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that SimpleTherapy reserves the right to modify these general practices and limits from time to time.
22. COMMUNICATIONS BETWEEN THE SITE AND USERS
22.1 The Site reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
22.3 The Site may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
22.4 The Site reserves the right to disclose all information regarding your account to the U.S. or foreign regulatory agencies as may be required by applicable law or otherwise requested by said agencies.
23. MODIFICATIONS TO SERVICE
23.1 The Site reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Site shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
24.1 You agree that SimpleTherapy may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Site or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if SimpleTherapy elects instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Site, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Site. You agree that all terminations and suspensions for cause shall be made in SimpleTherapy´s sole discretion and that SimpleTherapy shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Site. Further, SimpleTherapy reserves the right, to immediately terminate or suspend your account, any associated email address, and access to the Site at any time for any reason and without notice to you in its sole discretion.
25. BLOCKING OF IP ADDRESSES
25.1 In order to protect the integrity of the Service, the Site reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Site.
26.1 The Site is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether caused by Users of the Site, Members or by any of the equipment or programming associated with or utilized in the Service. The Site is not responsible for the conduct, whether online or offline, of any user of the Site or Member of the Service. The Site assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User or Member communications. The Site is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Site or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided “AS-IS” and the Site expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Site cannot guarantee and does not promise any specific results from use of the Site and/or the Service.
26.2 SimpleTherapy makes no guarantee, representation or warranty that its operations of the Site and/or Service or your use of the Service will be without interruption or error free, and you agree that the Service may be temporarily unavailable from time to time for maintenance, technical problems or other reasons. SimpleTherapy may remove the Service for indefinite periods of time, or terminate the Service at any time, without notice to you and without liability to you.
27. DISCLAIMER OF WARRANTIES
27.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF OUR SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE SITE AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIMPLETHERAPY AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT
PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
2. SIMPLETHERAPY AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY INVESTMENTS, REWARDS, PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE
USE OF OUR SITE OR OUR SOFTWARE.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SimpleTherapy OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
5. SimpleTherapy is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
27.2 TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIMPLETHERAPY DISCLAIMS (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE ON THE SITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION ON THE SITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. You EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT IS AT MY SOLE RISK. SIMPLETHERAPY DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, SIMPLETHERAPY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SIMPLETHERAPY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIMPLETHERAPY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SIMPLETHERAPY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SIMPLETHERAPY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO MY USE OF THE SITE OR THE CONTENT.
27.3 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
27.4 WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SITE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. THE SITE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE SITE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
28. LIMITATION ON LIABILITY
28.1 Except in jurisdictions where such provisions are restricted, in no event will SimpleTherapy be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Service, even if the Site has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Site’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Site for the Service during the term of membership.
29.1 SimpleTherapy reserves the right but does not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the Site and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.
29.2 SimpleTherapy may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on SimpleTherapy´s reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of SimpleTherapy´s services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
30. LIMITATION OF LIABILITY
30.1 IN NO EVENT SHALL SIMPLETHERAPY, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE, (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (VI) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (VII) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF SIMPLETHERAPY OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
30.2 You agree that when participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge SimpleTherapy from any and all claims or causes of action, known or unknown, arising out of your participation in the exercise programs made available by SimpleTherapy.
31.1 You agree to indemnify, defend and hold harmless SimpleTherapy and its underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, members, managers, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third-party due to or arising out of Submitted Material or any other content you submit, post or upload to or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with SimpleTherapy or your use of the Site. SimpleTherapy reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with SimpleTherapy in asserting any available defenses.
31.2 You agree to indemnify and hold the Site, its subsidiaries, affiliates, members, managers, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
32. NO THIRD PARTY BENEFICIARIES
32.1 You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
33. MEMBER DISPUTES
33.1 You are solely responsible for your interactions with other the Site Members. The Site reserves the right, but has no obligation, to monitor disputes between you and other Members.
33.2 CALIFORNIA RESIDENTS
Californians have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538.
SimpleTherapy is located at 39180 Farwell Dr, Suite 110 Fremont, CA 94538, and is engaged in the manufacture and sale of products for sale worldwide. Currently there are no charges to the consumer for use of the SimpleTherapy web site, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. Unless otherwise stated, these charges appear for each purchase on the Order Confirmation pages relating to each purchase.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.
Dispute Resolution and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
34.1 Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at SimpleTherapy Inc., 39180 Farwell Dr, Suite 110 Fremont, CA 94538, firstname.lastname@example.org. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and SimpleTherapy. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt–out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and SimpleTherapy shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “SimpleTherapy” means SimpleTherapy and its parents, subsidiary and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and SimpleTherapy regarding any aspect of your relationship with SimpleTherapy, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as SimpleTherapy’s licensors, suppliers, dealers or third–party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
34.2 Pre–Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give SimpleTherapy an opportunity to resolve the Dispute. You must commence this process by mailing written notification to SimpleTherapy, SimpleTherapy Inc., 39180 Farwell Dr, Suite 110 Fremont, CA 94538, email@example.com. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If SimpleTherapy does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
34.3 Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or SimpleTherapy may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT–OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt–Out Deadline”). You may opt out of this Provision by mailing written notification to SimpleTherapy at: SimpleTherapy Inc., 39180 Farwell Dr, Suite 110 Fremont, CA 94538, firstname.lastname@example.org. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with SimpleTherapy through arbitration. Your decision to opt–out of this Arbitration Provision will have no adverse effect on your relationship with SimpleTherapy. Any opt–out request received after the Opt–Out Deadline will not be valid and you must pursue your Dispute in arbitration or, if eligible, small claims court.
34.4 Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one or three. The place of arbitration shall be Fremont, California. California State law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any dispute or claim relating in any way to your use of any SimpleTherapy Service, products or services sold or distributed by SimpleTherapy or through SimpleTherapy.com must be resolved exclusively by binding arbitration, rather than in court.
The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Site in a small-claims court of competent jurisdiction. The Federal Arbitration Act and federal arbitration law apply to this agreement.
34.6 To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to SimpleTherapy. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. A single arbitrator shall be utilized for all claims of less than $25,000. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. Likewise, SimpleTherapy will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
34.7 We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
34.8 Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and SimpleTherapy specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt–out requirements above.
34.9 Jury Waiver
You understand and agree that by entering into this Agreement you and SimpleTherapy are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and SimpleTherapy might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with SimpleTherapy or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if SimpleTherapy makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require SimpleTherapy to adhere to the language in this Provision if a dispute between us arises.
35. GOVERNING LAW & JURSIDICTION
35.1 This Agreement, and any dispute between you and the Site, shall be governed exclusively by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
35.2 Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, must be commenced exclusively in the courts located in Fremont, California. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Site (except for small-claims court actions) may be commenced exclusively in the federal or state courts located in Fremont, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
36. SITE POLICIES, MODIFICATION, AND SEVERABILITY
36.2 If any provision of these Terms is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination will not affect the validity of the remaining provisions of these Terms. Except as specifically permitted in these Terms, no provision of these Terms can be, nor will it be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of SimpleTherapy.
37. OUR ADDRESS
39180 Farwell Dr, Suite 110
Fremont, CA 94538
38.1 SimpleTherapy´s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. SimpleTherapy may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of SimpleTherapy. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to the Site within one year after it arises.
38.3 This Statement makes up the entire agreement between the parties and supersedes any prior agreements. We reserve all rights not expressly granted to you.
38.4 The heading of each provision of these Terms is for descriptive purposes only and will not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.
38.5 The provisions of this Agreement shall survive the termination of any Member’s account with the Site or other termination of the Services to any User.
39. ELECTRONIC SIGNATURES
39.1 Your intentional action in electronically signing these Terms is valid evidence of your consent to be legally bound by these Terms and by other documentation governing your relationship with SimpleTherapy related to the Site or these Terms. The use of an electronic version of these Terms fully satisfies any requirement that they be provided to you in writing. You are solely responsible for reviewing and understanding all of the terms and conditions of these documents. You accept as reasonable and proper notice, for the purpose of any and all laws, rules and regulations, notice by electronic means, including, the posting of modifications to these Terms on the Site.
39.2 You agree to not contest the admissibility or enforceability of SimpleTherapy’s electronically stored copy of these Terms in any proceeding arising out of the terms and conditions of these Terms. If more than one individual has electronically signed these Terms, the obligations under these Terms will be joint and several and identical to the obligations of joint account holders that have signed paper Terms.
a. By “the Site” we mean the features and services we make available, including through (a) the Site at www.SimpleTherapy.com and any other SimpleTherapy-branded or co-branded Site (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
b. By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and Site operators, to retrieve data from the Site or provide data to us.
c. By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with the Site.
d. By “content” we mean anything you or other users post on the Site that would not be included in the definition of information.
e. By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from the Site or provide to the Site through Platform.
f. By “post” we mean post on the Site or otherwise make available by using the Site.
g. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
h. By “active registered user” we mean a user who has logged into the Site at least once in the previous 365 days.
i. By “application” we mean any application or Site that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.