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- Applicability. These Service Provider User Terms provide the terms for The Therapy for Black Girls online directory as described in Section 2 herein and constitute an agreement between Provider and Therapy for Black Girls (“Terms”). The online directory is a service offered by Therapy for Black Girls, LLC (“Directory”). Any website descriptions and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous communications, both written and oral. In the event of any conflict between these Terms and any website descriptions, these Terms shall control. If Provider does not agree to be bound to any term of this Agreement, Provider must refrain from signing up for a listing in the online directory or cancel their existing listing. Therapy for Black Girls shall hereafter be referred to as “Company”.
- Service Provider Expectations. The Directory features a profile page to advertise Provider’s therapy services. Provider is solely responsible for creating and maintaining their profile page (ensuring all of the data that they enter is complete, correct, and up-to-date).
- Limitation. The Directory is not a therapy practice but an information resource for the public. Additionally, Company does not employ any of the licensed therapists, physicians, or psychotherapists that are advertised on the platform. Furthermore, Company assumes no responsibility for any act, omission, or doing of any Provider.
- Liability Insurance. Providers will maintain their own professional liability insurance. Company shall not be liable for any incidents that occur while clients are under the care of the Provider. Provider agrees to hold Company harmless for any legal action brought upon them by clients.
- Communication. All communications about the Directory shall be sent by email to info@therapyforblackgirls.com.
- Improper Use. Provider acknowledges that improper use of their profile page or conduct that negatively impacts the Directory’s integrity may cause irreparable harm to the Company and other providers who rely on it as a means to develop business. Company may temporarily deactivate or remove Provider’s account, with or without notice, if it feels it is in the best interest of the Company or other providers. This includes instances where the Provider’s publicly documented behavior reflects negatively on the reputation of the Company or the Directory, or where credible, publicly available information (such as screenshots, public statements, or news articles) indicates conduct inconsistent with the values of the Company. The Company is not obligated to conduct a full investigation before taking action. In addition, Company reserves the right to refuse, suspend, or remove a Provider’s listing at its sole discretion, including for reasons not explicitly stated in these Terms, if deemed necessary to protect the integrity of the Directory or the community it serves.
- Intellectual Property. All intellectual property rights, including copyrights, patents, trademarks, trade secrets, and other confidential information, together with all associated goodwill, derivative works, and all other rights (collectively, “Intellectual Property Rights”) in and to all content on the Therapy for Black Girls website, portals, and programs (collectively, “Therapy for Black Girls IP”) are owned by Company. Company does not own any information shared by Providers.
- Confidential Information.
(a) Any non-public information that Provider may access as a service provider listed in the Directory shall be confidential (“Confidential Information”), whether disclosed orally or in written, electronic, or other forms. Confidential Information does not include information that is: (i) in the public domain; (ii) known to Provider at the time of disclosure; or (iii) rightfully obtained by Provider on a non-confidential basis from a third party.
(b) Company agrees not to use or disclose, directly or indirectly, any confidential information of Providers without express written consent. This obligation does not apply to any information that is public knowledge, provided that Company did not cause it to become public.
(c) The parties shall be entitled to injunctive relief for any violation of this Section.
- Disclaimers.
- UNDER NO CIRCUMSTANCES WILL COMPANY BE HELD LIABLE TO ANY PROVIDER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE.
- COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE DIRECTORY, INCLUDING ANY GUARANTEE OR PROMISE OF CLIENTS, INCOME OR SPECIFIC RESULTS, WHETHER EXPRESS OR IMPLIED.
- PROVIDER ACKNOWLEDGES AND AGREES THAT THE PLATFORM IS PROVIDED “AS IS”, AND THEREFORE THE PROVIDER WILL NOT HAVE ANY CLAIM OR DEMAND TOWARDS COMPANY IN RELATION TO ITS FUNCTIONALITY OR COMPATIBILITY. TO THE FULLEST EXTENT OF THE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED.
- REGISTRATION, ADVERTISING PROVIDER SERVICES, AND ANY OTHER USE OF THE PLATFORM IS AT THE PROVIDER’S SOLE RISK, WITHOUT WARRANTIES INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.
- Indemnification and Limitation of Liability. PROVIDER HEREBY RELEASES COMPANY AND AGREES TO HOLD COMPANY HARMLESS FROM ANY AND ALL CLAIMS OR ACTIONS RESULTING FROM THE USE OF THE DIRECTORY.
- Waiver. No waiver by Company of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by Company. Failure or delay in exercising any right under these Terms does not constitute a waiver.
- No Endorsement or Agency Relationship. Inclusion in the Directory does not constitute an endorsement, recommendation, or representation of any Provider by Company. Providers operate independently, and no employment, agency, or partnership relationship exists between Company and any Provider listed in the Directory.
- Assignment. Provider shall not assign any of its rights or delegate any of its obligations under these Terms. Any purported assignment or delegation in violation of this Section is null and void.
- Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia, without giving effect to any conflict of law provisions.
- Submission to Jurisdiction. Any controversy or claim arising out of or relating to these Terms shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction in Dekalb County, Georgia.
- Notices. All notices and communications shall be sent to info@therapyforblackgirls.com. All notices to Providers will be sent to the email address provided at sign-up.
- Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Survival. Certain sections of these Terms, including Confidentiality, Governing Law, Submission to Arbitration, and Survival, will remain in effect after termination or expiration.
- Amendment and Modification. These Terms may be amended at any time and will be updated on the Therapy for Black Girls website. Continued participation after updates constitutes acceptance of the revised Terms.