Terms of Service for Members Agreement
1. ACCEPTANCE OF TERMS
Welcome to https://www.marriagecounselingtherapynetwork.com. Five star counseling services, Inc. provides the https://www.marriagecounselingtherapynetwork.com website ("Website") to you, the Member, subject to the following Terms of Service. By using our Website, you, the Member, agree to be bound by these Terms of Service. Please read them carefully. If you do not agree to these Terms of Service, please do not become a Member or place a directory listing on https://www.marriagecounselingtherapynetwork.com. You can review the most current version of the Terms of Service at any time at: https://www.marriagecounselingtherapynetwork.com/terms-service-members.
2. DESCRIPTION OF SERVICE AND BILLING TERMS
Five Star Counseling Services, Inc. provides Member with access to the https://www.marriagecounselingtherapynetwork.com therapist directory where the Member can create a listing to advertise their mental health, counseling, or consulting practice to potential clients, consumers, and the general public. Five Star Counseling Services, Inc. also provides Member with access to:
- Listings on the https://www.marriagecounselingtherapynetwork.com, a collection of health and mental health related websites where https://www.marriagecounselingtherapynetwork.com powers the therapists' directory.
Membership in https://www.marriagecounselingtherapynetwork.com is either month-to-month or year-to-year, depending on the selection made by each member during initial registration or during the update of their payment information. As updated on May 26, 2014, the membership fee is $29.95.(USD) per month for a regular listing, OR $325 per year for a regular listing. The Member acknowledges that the fee and terms of service for the https://www.marriagecounselingtherapynetwork.com Membership are subject to change, and that https://www.marriagecounselingtherapynetwork.com reserves the right to revise rates and terms under this contract at any time. Members may cancel their membership to https://www.marriagecounselingtherapynetwork.com ( found here: https://marriagecounselingtherapynetwork.recurly.com ) at any time without refund by logging in to their account and completing the cancellation form in the Member's Area. The purpose of the cancellation form is to confirm identity and to gather helpful feedback; thus requests to cancel membership solely by email are not acceptable. If a Member cancels membership he or she will not be charged for the next scheduled recurring bill and all listings will be removed within 7 business days of cancellation. Absolutely no refunds or pro-rated amounts will be given to members who cancel before their term of service expires. Absolutely no refunds or pro-rated amounts will be given to members who chose not to renew their membership. Absolutely no refunds or pro-rated amounts will be given to members for any reason whatsoever. Member authorizes Five Star Counseling Services, Inc to automatically charge the fee to the member's credit card either 1x a month or 1x per 365 days, depending on their membership type, during the course of membership. Member acknowledges that https://www.marriagecounselingtherapynetwork.com does not save or maintain any credit card information on the https://www.marriagecounselingtherapynetwork.com server and instead uses our service provider, https://recurly.com to store credit card information and TSYS Merchant Solutions to process credit card transactions to ensure the highest safety for all transactions.
If and when a Member's credit card declines the periodic membership fee, our system will continue to attempt the transaction on a daily basis. https://www.marriagecounselingtherapynetwork.com will make every effort to contact the Member should the Member's credit card decline. If a Member's account is left unpaid https://www.marriagecounselingtherapynetwork.com will keep the Member's account active for up to 45 days from the time the Member's membership dues transaction first failed. Members will continue to be responsible for paying their past due amount and any future past due amount that accrues, up to 45 days past due. If a Member's account is left unpaid for more than 45 days, https://www.marriagecounselingtherapynetwork.com reserves the right to hire a third-party collection agency to collect the Member's past due balance. When a Member's account goes to collections, https://www.marriagecounselingtherapynetwork.com reserves the right to release all of the Member's membership information to the collection agency.
Member agrees that https://www.marriagecounselingtherapynetwork.com is under no obligation to the Member except to post the Member's listing for the applicable term.
https://www.marriagecounselingtherapynetwork.com makes no representations or warranties of any kind, either expressed or implied with regard to our Website, its content or its operations. To the fullest extent of the law, https://www.marriagecounselingtherapynetwork.com, disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Member agrees that https://www.marriagecounselingtherapynetwork.com, has no liability of any kind whatsoever to the Member or to any individual, group, partnership, or corporation who may use the Service.
Member agrees to assume all liability for listings published (including illustrations, images, photographs, files, text, claims, etc.) and agrees to assume any and all responsibility for claims occurring from their listing against https://www.marriagecounselingtherapynetwork.com.
Member agrees that all personal information entered by the Member and stored by https://www.marriagecounselingtherapynetwork.com may be transferred and shared in the event that https://www.marriagecounselingtherapynetwork.com should be sold or given to another organization, corporation, or individual.
Member agrees to indemnify, defend and hold harmless https://www.marriagecounselingtherapynetwork.com against any loss or liability resulting from the posting of the information provided by you, the Member, including, but not limited to, any claims by third parties who may use your service.
Member agrees to indemnify, hold harmless, and defend https://www.marriagecounselingtherapynetwork.com and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the https://www.marriagecounselingtherapynetwork.com website, the placement, posting or transmission of any messages, information, Content or other materials on or through the https://www.marriagecounselingtherapynetwork.com website by you or users of your account, or any breach or violation of these Terms of Service by you or users of your account.
Member understands that all trademarks and other claims of intellectual property rights, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, the Member, and not https://www.marriagecounselingtherapynetwork.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. https://www.marriagecounselingtherapynetwork.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Member agrees to observe all statutes, ordinances, rules and regulations with respect to the use of https://www.marriagecounselingtherapynetwork.com and the intellectual property rights of all persons who may claim an interest in any Content. Under no circumstances will https://www.marriagecounselingtherapynetwork.com be liable in any way for any Content.
Member agrees https://www.marriagecounselingtherapynetwork.com does not claim ownership of Content which you, the Member, submit or make available for inclusion on the Service. By submitting Content for inclusion on the Service, Member represents to https://www.marriagecounselingtherapynetwork.com that with respect to such Content, Member is the owner of all brand names, logos, and trademarks, or the duly authorized representative or licensee of such owner, and will indemnify and save https://www.marriagecounselingtherapynetwork.com free and harmless from any liability arising out of the use of such brand names, logos and trademarks included in such Content.
Member agrees to provide true, accurate, current and complete information about themselves and their mental health practice as prompted by the Service's sign up procedure and to maintain and update the Service's Listing Data to keep it true, accurate, current and complete.
Member agrees choose an email/username and password as part of the Service's registration process. Member is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under your password or account or membership. Member agrees to immediately notify https://www.marriagecounselingtherapynetwork.com of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session.
Member agrees that https://www.marriagecounselingtherapynetwork.com has the right to suspend or terminate your membership and refuse any and all current or future use of the Service for any cause and without prior notice.
Member agrees that https://www.marriagecounselingtherapynetwork.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that https://www.marriagecounselingtherapynetwork.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Member agrees that https://www.marriagecounselingtherapynetwork.com shall have the right, in its sole discretion, to promote the https://www.marriagecounselingtherapynetwork.com Directory through various partnerships, promotional activities, advertising, and through direct use of the https://www.marriagecounselingtherapynetwork.com Directory by selected partner websites which https://www.marriagecounselingtherapynetwork.com deems useful, effective, and in the interest of https://www.marriagecounselingtherapynetwork.com and its Members. Member agrees and understands that through these promotional relationships the Member profile can be displayed and hosted on other third party websites with whom https://www.marriagecounselingtherapynetwork.com has a trusted relationship.
Member agrees that the Listing space provided to the Member will not be sublet to others, nor used for other purposes than herein named.
Member agrees that any links to third party sites are provided solely for convenience. Such sites are not under the control of https://www.marriagecounselingtherapynetwork.com, and https://www.marriagecounselingtherapynetwork.com is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
Member agrees that advertisers and sponsors are not related to https://www.marriagecounselingtherapynetwork.com other than by a business relationship. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Member agrees that https://www.marriagecounselingtherapynetwork.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, products or services or as the result of the presence of such advertisers on the Service.
Member consents to receive communications from https://www.marriagecounselingtherapynetwork.com electronically. https://www.marriagecounselingtherapynetwork.com will communicate with you by e-mail or by posting notices on this site. Member agrees that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Member agrees to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
c. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
d. intentionally or unintentionally violate any applicable local, state, national or international law.
e. create a competing website offering the same or substantially similar services to those provide through our Website or Service.
f. decompile, disassemble or reverse engineer our Website, Service, and any related software found herein.
g. re-distribute our Content in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
Member agrees that these Terms of Service, the Membership and placement and publication of information and content on the https://www.marriagecounselingtherapynetwork.com website are governed be the laws of the State of Colorado, without regard to its conflict of law principles. Member agrees that the City and County of Broomfield, in which https://www.marriagecounselingtherapynetwork.com is located, shall be the forum for any legal action relating to our Website, Content, Service, and listings placed or published. Any cause of action by you with respect to our Website, Content, or Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Terms of Service be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Terms of Service, this Terms of Service shall take precedence. The failure of https://www.marriagecounselingtherapynetwork.com to enforce any provision or right of these Terms of Service will not constitute a waiver of such provision or right.
Member also acknowledges the existence of the Terms of Service for Members Agreement which outlines the terms of service and use conditions applicable to all users of https://www.marriagecounselingtherapynetwork.com and agrees, by virtue of visiting https://www.marriagecounselingtherapynetwork.com, to all of the conditions contained in the Terms of Service for Members Agreement.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Copyright 2011 - 2010 Five Star Counseling Services, Inc.
7050 W 120th Ave #201
Broomfield, Co 80020
All rights reserved.
Last Updated May 26, 2014