Terms of Service

 

1. Overview.

We (the staff and Board of Directors at Thero) run a blog and website called Thero.org and we would love for you to use it. Our website and services are designed to make it easy for people to connect to mental health treatment and resources. If you find a Thero.org user, a company, or another website that you believe violates these Terms of Service, please contact support@thero.org.

We do not provide emergency or crisis services. For emergencies call 911. For crisis intervention call the National Crisis Line at 1-800-273-8255. We encourage people to seek and follow advice from a professional health provider. The content on our site cannot replace such information. We do not endorse or provide specific treatments. We link to outside websites that are not maintained by us, but do not endorse content found on any other site.

The following terms and conditions govern all use of the Thero.org website and all programs, content, services, and products available at or through the website including but not limited to:  The Referral Network, The Resource Directory; The Be Heard Campaign, The Freelancer Directory; The Mental Health Dictionary.  Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Thero’s Privacy Policy) and procedures that may be published from time to time by Thero (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Thero, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of some of our Services requires a Thero.org account. If subscribing for or purchasing a product or service you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

 

2. Thero.org Accounts.

Your Thero.org Account. If you create an account on Thero.org, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify Thero of any unauthorized uses of  your account, or any other breaches of security. Thero will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

 

Responsibility of Contributors. If you contribute to the thero blog, comment on a blog, post material to Thero.org, post links on Thero.org, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Thero.org, you represent and warrant that your Content and conduct do not violate these terms or the User Guidelines. By submitting Content to Thero for inclusion on your website, you grant Thero a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting the Thero.org. This license allows Thero to make publicly-posted content available to third parties selected by Thero (for example, through the Thero social media such as: Facebook, Twitter, LinkedIn, Google+, Pinterest) so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other Thero.org users permission to share your Content on other Thero.org websites and social media outlets and add their own Content to it (aka to reblog your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your blog post. If you delete Content, Thero will use reasonable efforts to remove it from Thero.org, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Thero has the right (though not the obligation) to, in Thero’s sole discretion, (i) reclaim your username or URL on Thero.org due to prolonged inactivity, (ii) refuse or remove any content that, in Thero’s reasonable opinion, violates any Thero policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Thero.org to any individual or entity for any reason. Thero will have no obligation to provide a refund of any amounts previously paid.

 

Advertisements. While Thero reserves the right to change these Terms of service, We do not believe in monetizing the attention of those searching for mental health services directories. We will not advertise to the public or our users. For more information view the “Advertising” section of our Privacy Policy.

 

Attribution. Thero reserves the right to display attribution text or links in your site footer or toolbar, attributing Thero.org or the theme author, for example. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to Thero.org Business or VIP.

 

Payment and Renewal.

General Terms. Optional paid services such as the inclusion in the Resource Directory are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Thero the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. You can read about our refund policy here.

 

Automatic Renewal. Unless you notify Thero before the end of the applicable subscription period that you want to cancel an Upgrade for the next month, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your website’s dashboard.

 

Reciprocal Partner Accounts. Some user account will be designated as “Reciprocal Partner Accounts” by Thero and while they will be subject to these terms and conditions, they will be automatically Upgraded on monthly basis at not cost to the user, based on their maintained membership or affiliation with organizations partnered with Thero under the “Reciprocal Partner Accounts Agreement.”

 

Lifetime Accounts. Some user accounts will be designated as “Lifetime Accounts” by Thero, and while they will be subject to these terms and conditions, they will be automatically Upgraded indefinitely on monthly basis at not cost to the user. Should this user delete this account and attempt to re-register, all previous benefits will not apply to the new account.

 

3. Responsibility of Visitors.

We work hard to review accuracy of the information on our website and the mental health resources in our directories. We have procedures in place to improve accuracy of the information in the Resource Directory and Referral Network. However, Thero has not reviewed, and cannot review, all of the material, including blog content, comments, user personal messages, or mental health resources posted to our Services and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Thero does not represent or imply that it endorses the material posted there, or that it believes such material to be accurate or useful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Thero disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

 

4. Content Posted on Other Websites.

We use information on other websites (email, phone numbers, physical addresses, etc.) to verify users in our Referral Network and Resource Directory. However, We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Thero.org links, and that link to Thero.org. Thero does not have any control over those non-Thero.org websites, and is not responsible for their contents or their use. By linking to a non-Thero.org website, Thero does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Thero disclaims any responsibility for any harm resulting from your use of non-Thero.org websites and webpages.

 

5. Copyright Infringement and DMCA Policy.

As Thero asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Thero.org violates your copyright, you are encouraged to notify Thero in accordance with Thero’s Digital Millennium Copyright Act (“DMCA”) Policy. Thero will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Thero will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Thero or others. In the case of such termination, Thero will have no obligation to provide a refund of any amounts previously paid to Thero.

 

6. Intellectual Property.

This Agreement does not transfer from Thero to you any Thero or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Thero. Thero, Thero.org, the Thero.org logo, and all other trademarks, service marks, graphics and logos used in connection with Thero.org or our Services, are trademarks or registered trademarks of Thero or Thero’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Thero or third-party trademarks.

 

7. Changes.

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

 

8. Termination.

Thero may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Thero.org account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

9. Disclaimer of Warranties.

While we’re always trying to improve, our Services are provided “as is.” Thero and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Thero nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

 

10. Limitation of Liability.

In no event will Thero, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Thero under this agreement during the twelve (12) month period prior to the cause of action. Thero shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

11. General Representation and Warranty.

You represent and warrant that (i) your use of our Services will be in strict accordance with the Thero Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

 

12. US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Thero reserve the right to terminate accounts or access of those in the event of a breach of this condition.

 

13. Indemnification.

You agree to indemnify and hold harmless Thero, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

 

14. Miscellaneous.

This Agreement constitutes the entire agreement between Thero and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Thero, or by the posting by Thero of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Diego County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Diego, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Thero may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.