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Last Updated: March 14, 2024
PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “TERMS”) CAREFULLY BECAUSE THEY ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THERAPIST AID LLC (“THERAPIST AID,” “WE,” US,” OR “OUR”) AND CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THESE TERMS APPLY TO YOUR USE OF WWW.THERAPISTAID.COM (THE “WEBSITE”), INCLUDING THE TEXTS, GRAPHICS, VIDEOS, IMAGES, INTERACTIVE TOOLS, AND OTHER MATERIALS PROVIDED THROUGH THE WEBSITE (THE “RESOURCES”). THESE TERMS CONTAIN A DISPUTE RESOLUTION PROVISION BELOW REQUIRING USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ARBITRATIONS. BY USING THE WEBSITE, YOU ARE AUTOMATICALLY AGREEING TO, AND SHOWING THAT YOU HAVE READ AND UNDERSTOOD, THESE TERMS. YOUR CONTINUED USE OF THE WEBSITE INDICATES YOUR CONTINUED ACCEPTANCE OF THESE TERMS.
Because it is important to us that our Terms are transparent and easy to understand, we have provided this summary of some key points of our Terms. This summary is not legally binding, but we hope it will make the Terms easier to understand. It is important that you read and understand the full Terms prior to using the Website.
Therapist Aid creates various Resources, including worksheets, videos, books, audio, articles, and web apps, which can be used during therapy, education, and other medical or similar settings. We distribute these Resources on our Website at www.therapistaid.com.
We designed our Website primarily for Practitioners like therapists, nurses, guidance counselors, and educators. Practitioners can use the Website as either a Basic Member (at no cost) or a Professional Member. While Basic Members can use some of our Resources, Professional Members have more flexibility to use our Resources on the Website and modify some of them. Please note there still are limitations on how Resources can be shared and used even for Professional Members.
Everyone is welcome to browse our Website for personal informational purposes, although certain features of the Website are only available to Practitioners. It is important to note that our Website and Resources are not medical advice, and you should consult appropriate medical professional for any healthcare problem or issue. When you use our Resources with an access code you received from a Practitioner, you must use the Resources as directed by the Practitioner.
We have indicated that some parts of this summary apply only to Practitioners. All other information in this summary applies to all users that access our Website.
This is the end of the summary – thank you for reading it. Please read the full Terms and Conditions of Use below.
These Terms are entered by you and Therapist Aid, and they are a legally binding agreement. These Terms authorize your use of the Website but strictly on the condition that you will follow these Terms. So, if you do not agree to these Terms, you must not use the Website.
Our Subscription (defined in Section 5) automatically renews unless you cancel the Subscription at least one (1) day before the renewal date. You can cancel the Subscription by visiting the “Account Settings” page on the Website and clicking “Cancel Plan.” When the Subscription renews, you authorize us to charge the payment method on your file without separately notifying you (unless we are required by law to notify you) to collect the Subscription Fee (defined in Section 5) and taxes. The Subscription will remain active until the effective date of cancellation.
If you are not satisfied with the Subscription, please contact [email protected] to request a refund within seven (7) days after the Subscription Fee was processed, and we will refund the Subscription Fee for your then-current Subscription term. Outside of this seven-day window, we do not accept refunds for the Subscription Fee after the recurring charge is processed.
IMPORTANT NOTICE TO USERS. The Website and the Resources are not intended to replace your healthcare provider for the prevention, detection, diagnosis, monitoring, prediction, treatment, or alleviation of any condition or disease. You should consult your doctor, clinician, or appropriate healthcare professional (“Licensed Clinicians”) before deciding to do (or not do) anything related to a healthcare problem or issue, and your Licensed Clinician’s advice must take precedence over the Website and the Resources. The Website and the Resources are available only for your convenience, and you should not treat or rely on them as medical advice. The Website and the Resources are not a substitute for Licensed Clinicians’ independent clinical judgment or for in-person care and are not meant to replace medical treatments. You should never disregard or delay seeking medical advice because of the Website or the Resources.
1.1 Terms. We update these Terms from time to time. If we change these Terms, we will (a) post the revised Terms on the Website or (b) notify you. All changes we make will be effective on the “Last Updated” date on the updated Terms. If you continue to use the Website after we post the updated Terms, you are accepting our changes to these Terms. Please check these Terms regularly so that you are aware of any changes. If you disagree with any of these Terms or become dissatisfied with the Website, please stop using the Website.
1.2 Website. We may update or delete any parts of the Website from time to time without notifying you. You should be aware that the Resources are not necessarily complete or up to date, and we are not obligated to keep or update any part of the Website.
2.1 Members. To become a “Member” (meaning a “Basic Member” or “Professional Member”), you must be a qualified mental health or educational professional (such as (i) educators, licensed therapists, counselors, nurses, nurse practitioners, and other medical practitioners or (ii) other individuals working for or on behalf of them under their supervision) in the United States (“Practitioner”) and at least eighteen (18) years old. By accessing or using the Website as a Member, you represent, warrant, and covenant that: (a) you meet all of the foregoing eligibility requirements and (b) you are of legal age to form a binding contract with us.
2.2 HIPAA Covered Entity. If you are a “covered entity” within the meaning of the Health Insurance Portability and Accountability Act (“HIPAA”), you must first obtain your Client’s valid signature on the HIPAA Authorization Form for the Use of Therapist Aid Interactive Tools (the “Form HIPAA Authorization”) or a form substantially similar to the Form HIPAA Authorization through which your Client authorizes your disclosure of the Client’s “protected health information” (as HIPAA defines such term) (such authorization, the “HIPAA Authorization”) before allowing the Client to access the Client Content using the access code you generate. “Client Content” refers to the “Interactives” that Clients access through the access codes that their Practitioners provided. For clarity, you may allow your Client to access and use the Interactives without generating the access code or obtaining the HIPAA Authorization as long as (i) the Client accesses and uses the Interactives on your device in your premises and (ii) neither you nor your Client provides any protected health information in the Interactives. You hereby represent, warrant, and covenant during the term of your Subscription that: (a) you will obtain in advance a valid signature on the HIPAA Authorization, consistent with HIPAA and other applicable law (including obtaining parental consent, as required by applicable state law), from each Client who accesses the Client Content through the access codes you provide; (b) you will retain the records of the HIPAA Authorization you obtain, consistent with HIPAA and other applicable law; and (c) you will share with us the records of the HIPAA Authorization you obtain, upon our request.
3.1 Members Generally. If you are a Member, subject to these Terms (including Section 3.5), we hereby grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to: (a) display, view, use, and download the Resources; (b) share the Resources with your clients seeking your professional services (such as your patients in a therapy or medical setting or students at a school where you hold a professional role) (“Clients”) by (x) emailing, or sending printed copies of, the Resources to your Clients, (y) sharing links to the Resources with your Clients, or (z) sharing the Resources via screen sharing; and (c) use other functionalities that we expressly provide to Members on the Website, each solely in connection with providing services to your Clients. Unless you are a Professional Member, you may not adapt, translate, create derivative works of, or otherwise modify the Resources without our prior, written, and express authorization.
3.2 Professional Members. If you are a Professional Member, subject to these Terms (including Section 3.5), and in addition to your rights under Section 3.1, we hereby grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to (a) adapt, translate, create derivative works of, or modify the Resources by (x) downloading, distributing, filling out, or having your Clients fill out the Resources we designate as “fillable” and (y) downloading, distributing, or altering the Resources we designate as “customizable;” and (b) share access codes to the Client Content with your Clients, each solely in connection with providing services to your Clients. You understand and agree that the Website and the Resources are intended for use solely under the supervision of Practitioners who hold all applicable licenses and duly qualified. By sharing the Resources with your Clients (including by providing an access code to the Client Content), you confirm that each Client is suitable to use the Website.
3.3 Clients. If you are a Client of a Practitioner, subject to these Terms (including Section 3.5), we hereby grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to display, view, use, and download the Resources, as expressly directed by your Practitioner. You must not share any access code you receive from your Practitioner with any other person.
3.4 Other Users. If you are not a Member or Client, subject to these Terms (including Section 3.5), we hereby grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Website solely for your personal informational purposes, unless we provide a separate prior written permission (“Special Permission”) to access or use the Website in any other way. Your Special Permission will include additional terms and conditions that affect how you may use the Website.
3.5 Restrictions. You may use the Website only for lawful purposes and in accordance with these Terms. Without limiting the generality of the foregoing, you may not:
(a) Use the Website in any way that violates any applicable federal, state, local, or international law or regulation;
(b) Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works of, publish, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, transfer, or otherwise use or exploit the Resources in any way not specifically permitted by these Terms or our prior, express, written consent;
(c) Email the Resources to a mailing list or republish the Resources as part of a book or resource library or on another website or digital platform;
(d) Obscure or modify any copyright, trademark, or any other intellectual property notice on the Website or the Resources;
(e) Monitor, gather, copy, or distribute the Resources by using any robot, “bot,” spider, scraper, crawler, spyware, engine, or any other automatic device, utility, or manual process;
(f) Use the Website or the Resources for the maintenance, improvement, or development of any software program, including, without limitations, training a machine learning or artificial intelligence systems;
(g) Use the Website to send any promotional material, including any junk mail or spam;
(h) Use the Website to impersonate or attempt to impersonate us, our employee, another user, or any other person or entity;
(i) Use the Website to engage in any conduct that interferes with anyone’s use or enjoyment of the Website;
(j) Use the Website in any way that could disable, overburden, damage, or impair the Website;
(k) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(l) Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Website, the server that stores the Website, or any server, computer, or database connected to the Website; or
(m) Otherwise attempt to interfere with the proper working of the Website.
3.6 Other License Terms. You acknowledge and agree that we (or our licensors) are providing the Resources under limited license to you and not selling any Resources to you. You have the right to use the Website in accordance with these Terms, but you do not gain any ownership interest in or any other rights to the Website or Resource under these Terms.
3.7 Proprietary Rights. Title, ownership rights, and intellectual property rights to the Website, the Resources, and their copies will remain in and with Therapist Aid, its licensors, or Therapist Aid’s or its licensors’ assigns. The Website, and all elements comprising the Website, as well as the selection, assembly, and arrangement of the Resources, are protected by intellectual property laws and international treaties. All trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Website and the Resources are owned by Therapist Aid or third parties. These Terms strictly prohibit you from using any of our intellectual property except as expressly provided in these Terms. Therapist Aid reserves all rights except as expressly granted in these Terms. We will enforce our intellectual property rights to the fullest extent of the law.
We provide the Resources solely for general information purposes and do not warrant the accuracy, completeness, or usefulness of the Resources. Any reliance you place on the Resources is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Resources by any users of the Website, or by anyone who may have access to the Resources.
The Website may include materials that third parties provide. All statements or opinions that third parties express are solely the opinions and the responsibility of the person or entity providing those statements or opinions. These third-party materials do not necessarily reflect our opinion, and we are not responsible or liable to you or any third party, for the content or accuracy of any materials that third parties provide.
You must have a Professional Member subscription (the “Subscription”) to use some features of the Website. The Subscription is personal to you, so you cannot transfer or sell your Subscription. To purchase the Subscription, you must have an account with us and authorize recurring payments via Stripe, our payments processing partner. We may refuse your purchase of the Subscription at our discretion.
You can find the fee for the Subscription (the “Subscription Fee”) in https://www.therapistaid.com/plans, which is subject to change. If we change the Subscription Fee, these Terms must be understood as if the changed Subscription Fee originally appeared on these Terms, which means that we will bill you based on the changed Subscription Fee. Changes to the Subscription Fee apply to both new and existing users.
We charge the Subscription Fee and any applicable taxes upon enrollment and renewal. If the payment method on file is declined, we will place your Subscription on hold, and you agree to provide us with an updated payment method. If details of your payment method change, your payment issuer may provide us with updated details that we may use to charge the Subscription Fee to help prevent interruptions in the Subscription. Upon a successful charge to a new payment method, we will reactivate the Subscription, and any new Subscription period will be based on the date of the successful charge. We will terminate the Subscription at the end of the term if we are unable to process a payment method. You agree that we may resubmit a transaction for processing one or more times if the transaction for the Subscription is declined or returned.
You must (a) provide true, accurate, current, and complete information about yourself to set up an account on the Website, (b) promptly update your account information to keep it true, accurate, current, and complete, and (c) not use anyone else’s account or login information. You are entirely responsible for keeping your login information confidential. You must let us know immediately in case of any unauthorized use of your account or any other breach of your account’s security. You may be liable for losses we or others incur from someone else using your account because you failed to keep your login information secure.
All information we collect through the Website is subject to our Privacy Policy. By using the Website, you agree that we may collect, use, and retain your information as described in the Privacy Policy. We are not liable for retention or deletion of your information.
We and our third-party partners may monitor any use of the Website for our business purposes. This monitoring may include records of actions you take while using the Website, records of your sessions with the Website, information you submit on the Website, or communications or information you send through the Website. Various digital tools we use on the Website (including cookies, pixels, and web beacons) may also collect information reflecting your use of the Website. This information may be collected, retained, or monitored by us or our third-party partners. If you do not agree to the monitoring described here, please do not use the Website.
THE WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, THERAPIST AID HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES THAT THE WEBSITE IS ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED, OR IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO USE OF THE WEBSITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OR LIMITATIONS OF WARRANTIES, SO THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU IN WHOLE OR IN PART, TO THE EXTENT THAT ANY SUCH LEGAL LIMITATION APPLIES TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OF THERAPIST AID, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, VENDORS, AGENTS, SUBCONTRACTORS, REPRESENTATIVES, LICENSORS, OR PARTNERS (COLLECTIVELY, THE “THERAPIST AID PARTIES”) BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL, PUNITIVE, DIRECT, INDIRECT, COMPENSATORY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE COLLECTIVE LIABILITY OF THE THERAPIST AID PARTIES UNDER ANY PROVISION OF THESE TERMS SHALL NOT EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND IN SUCH CASE, THE THERAPIST AID PARTIES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to release, discharge, defend, indemnify, and hold harmless the Therapist Aid Parties from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to your use of the Website, your breach of these Terms, or any Therapist Aid Parties’ use of any rights or authorization you grant.
Except for disputes that qualify for small claims court, all disputes arising out of or relating to these Terms or any aspect of the relationship between you and Therapist Aid (or its suppliers or vendors) whether the dispute is based on contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved in final, binding arbitration before a neutral arbitrator instead of in court by a judge or a jury. You agree that Therapist Aid and you each waive the right to trial by a jury and that the Federal Arbitration Act and federal arbitration law, not state law, govern the enforceability of this Section 11. You also agree that any arbitration under these Terms will take place on an individual basis, class action arbitrations and class actions are not permitted, and you give up the ability to bring or participate in a class action.
For any disputes or claims you have, you must first give Therapist Aid an opportunity to resolve your claim by sending a written description of your claim to Therapist Aid to this address:
You and Therapist Aid each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and Therapist Aid are unable to resolve the claim within sixty (60) days after Therapist Aid receives your claim description and you have made a good faith effort to resolve your claim directly with Therapist Aid during that time. If you and Therapist Aid are unable to resolve your claim within sixty (60) days despite those good faith efforts, then either you or Therapist Aid may start an arbitration or small claims court proceeding. You and Therapist Aid agree that any dispute as to whether these conditions precedent have been satisfied will be decided in court and not by the arbitrator. Either you or Therapist Aid may elect to have an arbitration proceeding initiated by the other party adjudicated in small claims court by giving written notice of that election to the other party.
National Arbitration and Mediation (“NAM”) will conduct the arbitration under its Comprehensive Dispute Resolution Rules and Procedures, including its Minimum Standards for Procedural Fairness for Consumer and Employment/Workplace Arbitrations, and its Supplemental Rules for Mass Arbitration Filings (the “NAM Rules”). The NAM Rules and instructions for how to initiate an arbitration are available from NAM at https://www.namadr.com/ or 1-800-358-2550. If NAM fails or declines to conduct the arbitration for any reason, you and Therapist Aid will mutually select a different arbitration administrator.
If you and Therapist Aid cannot agree, a court will appoint a different arbitration administrator but will not decide arbitrability or any other aspect of the parties’ dispute (except as outlined above or if either party files a small claims court matter). Payment of arbitration fees will be governed by NAM’s schedule of “Fees for Disputes When One of the Parties is a Consumer.” Notwithstanding the foregoing, if any claim asserted in an arbitration demand is deemed to be frivolous, the defending party will be entitled to recover its attorneys’ fees and any filing, administration, and arbitrator fees incurred. The arbitrator may award any individual relief a court of law could, including temporary, interim, or permanent injunctive relief on an individual basis.
If a court or arbitrator finds in any action between you and Therapist Aid that any part of this arbitration agreement and class action waiver is unenforceable with respect to any claim, then the arbitration agreement and class action waiver will not apply to that claim, but they will still apply to all other claims that you or Therapist Aid may assert in that or any other action. If any other provision of this dispute resolution provision is found unenforceable, the other parts of it shall continue to apply. You reserve your ability to bring claims in small claims court to the extent of that court’s jurisdiction. These Terms, all transactions related to the Website, and all related matters are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to any conflict of laws rules.
You must commence any cause of action or claim you may have with respect to the Website (including but not limited to the Subscription) within one (1) year after the claim or cause of action arises.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that the Resources available on the Website infringes your copyright, you (or your agent) should send us a notice requesting that we remove the Resources or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this Section 12, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements the DMCA imposes. Please visit https://www.copyright.gov/ for details.
If you believe that your work has been improperly copied and posted on the Website, then please provide us with the following information: (a) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or the person authorized to act on their behalf; (b) a description of the copyrighted work that you claim has been infringed; (c) where the Resources that you claim is infringing is located; (d) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, their agent, or the law; and (e) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please send notices and counter-notices to:
13.1 Enforcement. We may block, suspend, or terminate your access to the Website in our sole discretion and without notice, if we determine that you have violated these Terms. Your violation or threatened violation of these Terms constitutes an unlawful and unfair business practice and will cause irreparable and unquantifiable harm to us, where monetary damages will be inadequate. You consent to our obtaining any injunctive or equitable relief, in addition to any other remedies we may have.
13.2 Termination. We may terminate these Terms, the Website, or your Subscription at any time without prior notice, reason, or obligation to you. Upon termination, you must immediately stop using the Website and any Resources.
13.3 Assignment. You may not transfer, sublicense, or otherwise assign these Terms, including the license granted under these Terms, without our prior written consent.
13.4 Entire Agreement. These Terms constitute the sole and entire agreement between you and us regarding your use of the Website.
13.5 Severability. If a court of law or other tribunal of competent jurisdiction determines any provision of these Terms to be illegal, invalid, or unenforceable, that provision will be enforced to the fullest extent possible, and the other provisions will remain effective, valid, and enforceable.
13.6 Waiver. Either your or our failure to assert a right or provision under these Terms will not constitute a waiver of that right or provision. Any waiver by of a right or provision under these Terms on one occasion is effective only in that instance and does not operate as a waiver on any subsequent occasion.
13.7 California Complaint Assistant Unit. Under California Civil Code Section 1789.3, California users of the Website may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.
If you have any questions about the Website or these Terms, please contact us at: