Terms of Service and Use Agreement

This web page represents a legal document and is the Terms of Service and Use Agreement ("Agreement") for our website, Eugene Therapist Directory ("Website", "Service" or "Site"). By using our Site, you agree to fully comply with and be bound by the following Agreement each time you use our Site. Please review the following terms carefully.

Definitions

Disclaimer

The information on this Site is for informational purposes only. This Site is not intended as a substitute for professional advice, diagnosis, treatment medical treatment, psychotherapy, counseling, or mental health services. Always seek the advice of your physician or other qualified mental health provider with any questions you may have regarding any mental health symptom or medical condition. Never disregard professional psychological or medical advice or delay in seeking it because of something you have read on this Site. If you are feeling suicidal or having suicidal thoughts, or are the victim of abuse or any type of domestic violence, please call 911 immediately. Mental health practitioners should utilize the contents of this Site, or any portion thereof, in a manner fully consistent with standards for practice and applicable ethical guidelines.

Eugene Therapist Directory does not recommend or endorse any specific practitioners, providers, tests, products, procedures, opinions, or other information that may be mentioned on this Site. Sole reliance on any information provided by Eugene Therapist Directory is at your own risk.

We provide the Eugene Therapist Directory as a service for those interested in working with mental health care providers (clinicians, therapists, counselors, marriage and family therapists, social workers, psychologists, psychiatrists, etc.).

We cannot and do not provide any warranties related to the information contained in or resulting services from any of the mental health care providers (clinicians, therapists, counselors, psychologists, social-workers, marriage and family therapists, and other health providers). Information accessed through the Eugene Therapist Directory is provided "AS IS" and without any warranty.

We do not warrant the competence of any mental health care provider. We do not warrant that the mental health care providers are currently or properly licensed, although we do verify this information upon the initial listing of any provider. Please contact your State Professional Licensing Board to verify the licensure of a provider. In no event shall we be liable for damages to any user of the Eugene Therapist Directory.

Links To Other Web Services

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

HIPAA Statement

At the beginning of therapy, U.S. Federal HIPAA law requires that an independently practicing clinician present each client with a notice of privacy policies. It is the responsibility of each clinician listed on this site to provide such a document to their clients.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Oregon, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Acceptable Use

This Service is intended to provide users with general information. We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any information provided by us, our employees, others appearing on Service at our invitation or other visitors to the Service is solely at your own risk. Your use of the Service is a privilege.

Profile Rules

To post a professional profile in the directory, you will be required to provide us with true and accurate information about you and your practice. If at any time during the term of this agreement we come to the understanding that you misled us as to your business practices and/or services, we reserve the right to terminate your listing. We may terminate your listing and/or your access to the Service at any time if we deem in our sole discretion such to be necessary or appropriate.

Rights Reserved

Except as expressly stated in these Terms of Use, we reserve all rights to all materials on the Service, including, without limitation, written content, graphical and design elements (including the Service's 'look and feel'), and service marks and trademarks. By submitting material to any area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted, to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You may not sell, transfer or assign any products or services or your rights to any products or services provided by us to any third party without our express written authorization. You may not copy, modify, alter, or excerpt (or encourage or help others to copy, modify, alter, or excerpt) the Service materials. You may not use (or encourage or help others to use) the Service for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. You acknowledge and agree that these Terms of Use in no way convey any right, title or interest to you in any materials on the Service, including, without limitation, any statutory or common law copyright, patent or other intellectual property right in such materials.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. Neither us, our affilites nor any of their respective officers, directors, employees, agents, third party content providers or licensers warrant that the Service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Service, or as to the accuracy, reliability or content of any information, or service provided through the Service.

We make no representations or warranties whatsoever regarding the Service and any materials on the Service. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, THE SITE IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE. WE MAKE NO WARRANTY THAT THE SITE'S SERVICE WILL BE UNINTERRUPTED, THE SITE'S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Service is not intended to be a substitute for professional advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on this Service.

You are solely responsible for the content of any material you provide for your professional profile and any consequences arising from such posting. We assume no responsibility for materials provied by other practitioners or any other actions, conduct or omissions of the practitioners. We act as a service provider for users to distribute and publish their materials. We do not undertake responsibility for screening or monitoring practitioners' materials.

Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Service (a 'third-party site'). We may offer links to, or incorporate into the Service, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by others. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a third-party site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.

We do not endorse, and nothing on the Service shall be deemed to be an endorsement, representation or warranty of, any third party, whether in relation to such third party's products, services, websites, experience or background or otherwise. We do not make any representations or warranties with regard to any materials posted by our directory members. The information in our directories is provided exclusively by participating professionals. When you read a directory listing entry for a professional, we have made good faith, reasonable efforts to verify the following and have found no contrary information:

  1. The provider's name, address, and phone number.
  2. The provider's license information.
  3. The provider's website address.

We verify the information at the time a professional is initially listed in our directory.

Some of the material on this Service may be provided by us. You accept that we disclaim all warranties and limits all liability arising in connection with this Service to the same extent and in the same manner as we do in these Terms of Use. You expressly agree that we may rely on your acceptance of such disclaimers and limits.

Your use of the Service are at your own risk.

Indemnification

You agree that to the fullest extent allowed by law, you shall indemnify and hold us, our affiliates and their respective directors, officers, employees, contractors and agents harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from or related to your use of this Service.

Arbitration

You agree that any dispute or claim regarding this consent will be resolved exclusively through final, binding and confidential arbitration before a single arbitrator pursuant to the Oregon Uniform Arbitration Act, taking place in Lane County, rather than in court.

Class Action Waiver

Any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. You agree not to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action or in any proceeding. You agree not to join, consolidate or combine with another arbitration or proceeding.

Limits of Liability

In no event shall we, nor any of our officers, directors, employees or agents be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind or nature, whether from contract, tort (including negligence), misrepresentation, strict liability or any other legal or equitable theory, arising from or directly or indirectly related to the use of, or the inability to use, the Service.

To the maximum extent permitted by applicable law, our liability to you, if any, shall not exceed the amount you have paid to us during the thirty-(30) day period prior to the time the cause of action arose You shall immediately notify us in writing of any alleged defect or deficiency in the Service. In the event of such alleged defect or deficiency, in our sole discretion, we may either correct any defects or deficiencies or refund charges associated with the defective or deficient Services and such remedy shall be your sole remedy with respect to such deficiency or defect. In the absence of any such notice, the Service shall be deemed satisfactory to and accepted by you.

Copyright

We respect the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512

General

We and you are independent contractors of each other. Neither party shall be deemed in default for failure to comply with any provision hereof, if such failure results from acts or events beyond its reasonable control, other than payment of money. If any provision of these Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. All provisions of these Terms of Use, except provisions that grant you access to or use of the Service, shall survive the termination of the agreement between us and you. These Terms of Use shall be binding upon the parties, their legal representatives, successors and permitted assigns, but may not be assigned by you. Except as may be expressly stated in any other written agreement signed by you and us, these Terms of Use, including the Service Privacy Policy (as amended from time to time by us as provided in these Terms of Use) contain the entire understanding between you and us and supersede any prior agreement between you and us, whether written or oral.

Third Party Content

Eugene Therapist Directory is a distributor (and not a publisher) of content supplied by third parties. Accordingly, there are some cases in which we have no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other user of Eugene Therapist Directory, are those of the respective author(s) or distributor(s) and not of us.

Under no circumstances will we be liable for any loss or damage caused by a User's reliance on information obtained through Eugene Therapist Directory. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Last updated: June 9, 2019