Community Terms of Service
Last Updated on April 10, 2018.
The SimplePractice, LLC Community Site, are part of SimplePractice, LLC.com and owned by SimplePractice, LLC. SimplePractice, LLC is dedicated to developing and maintaining a positive and interesting online community to help and support our Users. Our goal is to help Users feel relaxed and comfortable to communicate and find a level of guidance for what they need. “Users” are limited to those entities and persons who are subscribers to the SimplePractice service.
However, like any community, we must abide by and apply rules equally to all visitors. When you use the SimplePractice, LLC website, or join the SimplePractice, LLC Community Site, you agree to abide by the rules. As long as you remain considerate to others and follow the simple rules we will do all we can to provide you with excellent information and support. However, multiple or repeated violations or one material violation of these rule may result in a User being temporarily suspended or barred permanently from entry to the SimplePractice, LLC Community Site, at the discretion of SimplePractice, LLC.
Online Service Agreement
We hope you gain value in the use of and contribution to the SimplePractice, LLC Community Site. This document contains important information that you need to consider before using our site or making important decisions based on our information and us an agreement between you and SimplePractice, LLC.
The following terms and conditions constitute an agreement between you and SimplePractice, Inc. ("SimplePractice," "we," or "us"), the operator of SimplePractice, LLC.com/[ ],
(the "Community Site"). These Terms of Service govern your use of the Community Site, both as a casual visitor and as a registered user.
BY ACCESSING OR USING SIMPLEPRACTICE COMMUNITY SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS SIMPLEPRACTICE COMMUNITY SITE, INCLUDING THE SIMPLEPRACTICE FORUMS.
SIMPLEPRACTICE, IN ITS SOLE DISCRETION, MAY MODIFY THESE TERMS OF SERVICE AT ANY TIME.
- Please note that we offer the Community Site "AS IS" and without warranties. All express and implied warranties including the implied warranties of merchantability and fitness for purpose are hereby disclaimed.
- If you are registering an account or are using the Community Site on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept these Terms of Service on such individual's or entity's behalf.
The information contained in the SimplePractice, LLC Community Site is presented for the purpose of sharing experiences, education and support. Nothing contained in SimplePractice, LLC Community Site is intended to be instructional for diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, referral, consultation or the advice of a qualified health care provider or therapist. Information obtained in SimplePractice, LLC Community Site is not exhaustive and may not cover conditions, ailments, illnesses or their treatment. Should you present any health care or therapeutic related questions, please call or see a qualified health care provider or therapist promptly. Always consult with a qualified health care provider if there are questions. Community Site The information contained in the SimplePractice, LLC Community Site is compiled from a variety of sources. Moderators do not directly or indirectly practice health care services or dispense health care services as part of the SimplePractice, LLC Community Site. No moderators are health care providers or therapists.
You must be eighteen (18) years of age or over, or the legal age to form a binding contract in your jurisdiction. If your age is eighteen (18) years of age or greater you may register with us or use the SimplePractice sites and/or the SimplePractice, LLC Community Site. If you are between the ages of thirteen (13) and eighteen (18) or the applicable legal age in your jurisdiction, you can use the SimplePractice, LLC Community Site only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service. If you are under the age of thirteen (13), you may not use the SimplePractice, LLC Community Site as such use is prohibited Children's Online Privacy Protection Act.
If you are the parent or legal guardian of a child under the age of eighteen (18), you may use the SimplePractice sites and/or the SimplePractice, LLC Community Site on behalf of such minor child. By using the SimplePractice sites and/or the SimplePractice, LLC Community Site on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Service to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Service on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the SimplePractice sites and/or the SimplePractice, LLC Community Site.
Membership within the SimplePractice, LLC.com Community Site is void where prohibited by applicable law, and the right to access the SimplePractice sites is revoked in such jurisdictions. By using the SimplePractice sites and/or the SimplePractice, LLC Community Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Community Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the users own risk and users are responsible for compliance with any applicable local laws applicable.
Licenses Granted to Users by SimplePractice, LLC Community Site: By these Terms of Service, SimplePractice grants users of SimplePractice, LLC Community Site, subject to the terms of these Terms of Service, a limited, non-transferable and non-exclusive license to access, explore and otherwise use SimplePractice, LLC Community Site in a manner consistent with these Terms of Service for their personal, non-commercial purposes. Commercial use of the SimplePractice, LLC Community Site is strictly prohibited. Examples of, but not limited to, commercial uses this license prohibits:
- The sale of access to SimplePractice, LLC Community Site
- The sale of advertising, sponsorship, or promotions, including links placed to such, in SimplePractice, LLC Community Site.
- The linking and/or reposting of any content or material delivered from SimplePractice, LLC Community Site to any webpage that contains advertising, which would include an ad-enabled blog
- Otherwise selling and/or profiting, or permitting others to profit, from SimplePractice, LLC Community Site and the content and materials contained therein.
REVIEW OF COMMUNICATIONS
SIMPLEPRACTICE DOES NOT REVIEW ALL COMMUNICATIONS OR MATERIALS POSTED OR UPLOADED TO SIMPLEPRACTICE, LLC FORUMS BY USERS AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY COMMUNICATIONS. However, SimplePractice reserves the right after being notified by a third party to block or remove communications or materials that it determines, in SimplePractice, LLC Community Site sole discretion, to be:
- in violation of SimplePractice, LLC Community Site rules and/or Terms of Service;
- abusive, libelous, defamatory, obscene, offensive and/or harmful;
- fraudulent, deceptive, or misleading;
- in violation of a copyright or trademark, other intellectual property right of another; or
- offensive or otherwise unacceptable to SimplePractice and its mission statement.
- containing personal health information or other private data of a User or any person.
ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION PROVIDED ON OR THROUGH SIMPLEPRACTICE, LLC FORUMS SHOULD NOT BE CONSTRUED AS PROFESSIONAL OR MEDICAL ADVICE OR INSTRUCTION.
All content or materials posted on or shared through SimplePractice, LLC Community Site are the sole responsibility of the user. SIMPLEPRACTICE, LLC shall assume no liability or responsibility for user-posted materials, including, but not limited to, copyright violations or defamatory statements.
SIMPLEPRACTICE, LLC strictly prohibits the following actions being taken:
- Posting or transmitting any content that would violate any agreement you may have signed with any third party;
- Using SimplePractice, LLC Community Site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- Intercepting, or attempting to intercept, the emails or other private communications not intended for you;
- Sending unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others;
- Requesting or otherwise soliciting information regarding illegal activities. This includes, but is not limited to, how to obtain or use pirated software, registration keys or codes for software, or illegally photocopied/scanned materials;
- Deleting, or falsifying, any author attributions, legal notices or proprietary designations or labels in any content submitted or exchanged through SimplePractice, LLC Community Site;
- Using SimplePractice, LLC Community Site in a manner that adversely affects the availability of its resources to other users;
- Providing, publishing or disclosing personal health information or other private data of a User or any person.
- Falsely purporting to be an employee or agent of SimplePractice;
- Falsely purporting to be a moderator of SimplePractice Community Site;
- Causing repeated disruptive incidents;
- Attempting to decompile, reverse engineer, disassemble, or otherwise interfere with or damage SimplePractice, LLC Community Site. This includes, but is not limited to, the circumvention of any technological protection measures such as user authentication or password-protected material and content on SimplePractice, LLC Community Site.
Users may send and receive electronic mail (“email”), engage in conferences and chats, download and upload files and otherwise use SimplePractice Community Site as permitted by these Terms of Service and applicable law. SimplePractice may review e-mails if notified by a third-party as to inappropriate content, as specified in Section 4, or a violation of these Terms of Service.
You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to SimplePractice, LLC Community Site. This also includes maintaining up-to-date contact information and securing user passwords;
SimplePractice provides SimplePractice Community Site on an “as is” and “as available” basis. You therefore use SimplePractice, LLC Community Site at your own risk. SimplePractice expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, SimplePractice makes no representations or warranties that SimplePractice Community Site:
- Will be permitted in your jurisdiction;
- Will be uninterrupted or error-free;
- Will meet your personal needs;
- Will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data;
- Will transmitted all user content, materials, or messages or that they will appear exactly as submitted to SimplePractice Community Site; or
- Will be backed-up and protected indefinitely
SIMPLEPRACTICE, LLC TAKES NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS, WEBSITES OR AGREEMENTS. Certain content, products and/or services offered through SimplePractice, LLC Community Site may include materials from third parties or links to other websites. SimplePractice does not warrant or endorse, does not assume, and will not have any liability or responsibility for any third-party materials or websites, agreements or any other materials, or products or services. Links to other websites are provided solely as a convenience to you.
SimplePractice may delete email or private messages if it has not been accessed by a user within 30 days; and
Content and materials posted on SimplePractice, LLC Community Site by users and third parties, and links or downloads thereof, reflect only the views of their authors and do not necessarily reflect those of SimplePractice. Furthermore, SimplePractice makes no warranties or representations that users will not find such content and materials inappropriate or offensive.
TRADEMARKS AND COPYRIGHT
You agree to respect the SimplePractice, LLC trademark, and other marks, logos and graphics are trademarks of SimplePractice in the United States and abroad. Other trademarks, service marks, graphics, and logos used in connection with SimplePractice, LLC Community Site may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks or the use of any such use of trademarks.
The entire contents of SimplePractice, LLC Community Site are copyrighted as a collective work (“Work”) under the laws of United States and other copyright laws. SimplePractice holds the copyright in the Work. The Work includes works which are the property of the Information Providers, which may also be protected by copyright and other intellectual property laws.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SIMPLEPRACTICE, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OF SERVICE OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING SIMPLEPRACTICE, LLC FORUMS USING YOUR ACCOUNT.
WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER SIMPLEPRACTICE, LLC, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS, SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF SIMPLEPRACTICE, LLC FORUMS. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST SIMPLEPRACTICE, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF SIMPLEPRACTICE, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF SIMPLEPRACTICE, LLC FORUMS.
ALL OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS ARE NOT RESPONSIBLE FOR DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF SIMPLEPRACTICE, LLC FORUMS ARE HEREBY EXCLUDED EVEN IF SIMPLEPRACTICE, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIRD PARTY RIGHTS
The provisions of paragraphs 7 (Indemnification) and 8 (Waiver, Release and Limitation of Liability) are for the benefit of SimplePractice and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
User accounts may be terminated:
- Either you or SimplePractice may terminate, suspend, temporarily disable, and/or limit your services to SimplePractice, LLC Community Site without prior notice due to violation of these Terms of Service.
The provisions of paragraphs 6 (Copyright), 3 (License), 7 (Indemnification), 8 (Waiver, Release and Limitation of Liability), and 9 (Third Party Rights) shall survive any termination of this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION
- These Terms of Service shall be construed, interpreted, and governed in all respects in accordance with the laws of California, USA, without giving effect to any conflict of law rule or principal that might result in the application of the laws of another jurisdiction and
- All disputes or actions arising under these Terms of Service must be commenced in the state or Federal courts located in Los Angeles County, CAU.S.A., the jurisdiction and venue of which you hereby agree to.
Any cause of action or claim you may have with respect to SimplePractice Community Site must be commenced within one (1) year after the claim or cause of action arises. SimplePractice, LLC Community Site failure to insist upon or enforce strict performance of any provision of these Terms Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service.
COPYRIGHT INFRINGEMENT AND THE DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
Selling or trading or posting illegally copied materials is a federal offense. If reported or otherwise notified of such actions, SimplePractice, LLC may report such piracy to copyright holders and appropriate agencies.
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.