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PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OUR WEBSITE

Therapybypro.com (hereinafter “TherapyByPro”, “we” or “us“) provides its website, mobile versions thereof, and mobile application to you (collectively, the “Site”). We allow your use of and access to all content and services offered there (collectively, the “Services”) conditioned on your acceptance of the terms, conditions, and notices contained in these Terms of Use (“Terms of Use”). Please read these Terms of Use carefully before using the Site or the Services. By accessing or using the Site or the Services, you agree to be bound to the Terms of Use. If you do not agree to these Terms of Use, do not access or use the Site or the Services.

You agree to be bound by the Terms of Use by doing any of the following:

  • By accessing or using the Site,
  • By accessing or using any of the Services as a provider of services (“Service Provider”), or
  • By accessing or using any of the Services to request Service Providers provide their services to you (“Client”)

YOU ACKNOWLEDGE AND AGREE THAT THERAPYBYPRO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CLIENTS AND SERVICE PROVIDERS. CLIENTS CONTRACT FOR SERVICES FROM SERVICE PROVIDERS DIRECTLY WITH SUCH SERVICE PROVIDERS. THERAPYBYPRO CANNOT AND DOES NOT CONTROL THE CONDUCT OF CLIENTS OR SERVICE PROVIDERS AND DISCLAIMS ALL LIABILITY FOR THE ACTIONS OF EITHER, INCLUDING THE RENDERING OF SERVICES BY SERVICE PROVIDERS.

Content on this website does not replace the relationship between the patients and doctors or other healthcare professionals nor the advice you receive from them.

TherapyByPro does not employ any provider and is not responsible for the conduct of any provider listed on our site. All information in member profiles, and messages are created from data provided by the providers and not generated or verified by TherapyByPro. As a user, you need to perform your own diligence to ensure the provider you choose is appropriate for your needs and complies with applicable laws and licensure requirements. TherapyByPro is not intended to be a substitute for professional advice.

TherapyByPro assumes no responsibility, and shall not be liable, for the quality or any other aspect of the services a provider may provide to you, nor will TherapyByPro be liable for any act, omission or wrongdoing committed or allegedly committed by any provider.

Articles and information and assessments posted on TherapyByPro are for informational purposes only, and it is not intended to diagnose or treat any health conditions. Treatment and diagnosis should be performed by an appropriate health care provider.

IN THE EVENT OF AN EMERGENCY, DO NOT USE THERAPYBYPRO. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, OR THINKING ABOUT SUICIDE OR HARMING YOURSELF OR OTHERS, CALL 911 IMMEDIATELY OR ANOTHER APPLICABLE EMERGENCY PHONE NUMBER.

Communication with therapists on therapybypro.com does not by itself create a client-therapist relationship or constitute the provision or receipt of services. Any communication with a therapist on therapybypro.com should be considered informational only, and should not be relied or acted upon until a formal client-therapist relationship is established pursuant to a written agreement.

The information on this website is for general information purposes only. Nothing on this site should be taken as therapy advice for any circumstance or situation.

1. CHANGES TO THESE TERMS AND CONDITIONS

TherapyByPro reserves the right to change these Terms of Use from time to time, with or without notice to you, by posting such changes on the Site. You are responsible for regularly reviewing these Terms of Use. By using any Site or the Services following any changes to these Terms of Use, you agree to be bound by them.

2. PRIVACY POLICY

When you use the Site or the Services, we may obtain certain personal information from you. Note that any such information will be treated by TherapyByPro in accordance with TherapyByPro’s Privacy Policy, which is incorporated into these Terms of Use.

3. CREATING ACCOUNTS

In connection your use of the Site or the Services, we issue to you, or enable you to create, an account with a username and password that enables you to log into certain areas of the Site or the Services, to allow you to take advantage of the Services. In any event, you are responsible for (a) maintaining the security and strict confidentiality of your account password, and (b) for any activity under your account and password, and you accept all risks of unauthorized access to any data or other information you provide to or through Site or the Services. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify TherapyByPro when you desire to cancel your account for the Site or the Services. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

4. YOUR USE OF THE SITE AND THE SERVICES

Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or the Services or any content, information, software, products or services obtained from them, without the prior written permission of TherapyByPro.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download onto your personal computer, mobile device or other technology used to access the Site or the Services, and print single hard copy portions of the material from the Site or the Services solely for your own noncommercial and lawful use. If you make other use of the Site or the Services, except as otherwise provided above, you may violate copyright and other laws of individual states, the United States or other countries, and you may be subject to liability for any such unauthorized use.

TherapyByPro is the owner of the copyright for this website and all original materials/works that are included. TherapyByPro has the exclusive right to reproduce their original works, prepare derivative works, distribute copies of the works, and in the case of videos/sound recordings perform or display the work publicly. Anyone who violates the exclusive rights of the copyright owner is an infringer of the copyrights in violation of the US Copyright Act.

In connection with your use of the Site or the Services, you may not:

1. engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information;

2. impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;

3. collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Site or the Services;

4. send chain letters or pyramid schemes through or using the Site;

5. decompile, disassemble or reverse engineer the Site or any portion of them;

6. attempt to gain unauthorized access to the Site, the Services, any portion of them, or any other computer systems or social media or mobile platforms through the Site or the Services;

7. use the Site or the Services in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or the Services;

8. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services;

9. use the Site or the Services or create an account or post any content if you are not over 13 years of age years of age; or

10. circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Site or the Services, any users of the Site or the Services (including you), or third parties.

11. reproduce, distribute copies of, sell, or create derivatives of our worksheets and other product offerings on TherapyByPro.

5. YOUR ACCESS TO THE SITE AND SERVICES

TherapyByPro may terminate your privilege to use or access the Site and/or Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Site and/or Services, as applicable, and agree not access or make use of, or attempt to use, the Site and/or Services. Furthermore, you acknowledge that TherapyByPro reserves the right to take any technical, legal or other action to terminate or restrict your ability to access the Site and/or Services. You understand that TherapyByPro may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to TherapyByPro.

6. THIRD PARTY SERVICES, LINKS AND CONTENT

From time to time, we may provide you with links through the Site or the Services to other websites or services that we do not own or control (including, without limitation, processing the credit card or bank account information for Service Providers or Clients in connection with the Services) ("Third Party Site"), as well as photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, or other content or items belonging to or originating from third parties ("Third Party Content"). Your use of any such Third Party Site and Third Party Content is governed by that third party's own terms of service and privacy policies. Third Party Site and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, legality, timeliness, authenticity, reliability, or completeness by TherapyByPro, and TherapyByPro is not responsible for any Third Party Site accessed through the Site, Services or otherwise, or for any Third Party Content posted on, available through or installed from the Site, Services or otherwise. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Content does not imply any approval or endorsement of either by TherapyByPro. If you decide to leave the Site and access the Third Party Site or to use or install any Third Party Content, you do so at your own risk, and you should be aware that, unless otherwise indicated, these Terms of Use no longer govern.

By providing your email address when signing up for a listing or purchasing a product or service, you give us consent to send an invitation to review your order and/or to receive marketing materials from us in the future.

Advertiser Disclosure

The affiliate offers that appear on the website are from companies from which therapybypro.com receives compensation. This compensation may impact how and where products appear on this site (including, for example, the order in which they appear). This site does not include all companies or all available offers.

We currently offer affiliate links for products/services of the following companies:

SimplePractice
BetterHelp
online-therapy.com

7. THERAPYBYPRO’S RIGHTS IN THE SITE AND THE SERVICES

TherapyByPro or its licensors own all right, title and interest in and to the Site and the Services, all the text, content, graphics, interfaces, code and materials in connection with each, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including, but not limited to, all intellectual property rights and other proprietary rights in the Site and the Services. Your use of the Site and/or the Services does not grant to you ownership of any of the foregoing. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, service marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, TherapyByPro or its licensors. TherapyByPro does not grant any license or other authorization to use the Marks.

8. YOUR CONTENT AND CONDUCT

The Site and the Services offer the opportunity for you and other users to post or otherwise make available written or other content or messages (collectively, the “User-Generated Content”) on the Site and through the Services, such as reviews of Service Providers. When you review Service Providers, you represent and warrant to TherapyByPro that such opinions are the result of receiving services from such Service Providers. You are solely responsible for your use of such interactive areas of

the Site and the Services and you use them at your own risk. You may only post User-Generated Content to public areas and where you have permission to post. You may not post any content that violates these Terms of Use or any third party rights.

When using the Site and/or the Services, you may not post, link, or otherwise publish on or through the Site or the Services any User-Generated Content that:

  • is sexually explicit, violent, derogatory, unlawful, libelous, bigoted, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
  • promotes illegal drug use, tobacco or firearms use;
  • constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
  • may infringe any intellectual or proprietary right of any party;
  • uses the names or likenesses of persons, living or dead, without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • advertises or links to other Site for your commercial purposes;
  • includes the personally identifiable information of someone else;
  • constitutes mass or repeated promotions, political campaigning or commercial messages (i.e., SPAM) directed at users who do not follow you;
  • includes viruses, corrupted data or other harmful, disruptive or destructive files or code;
  • communicates messages inconsistent with the positive goodwill of TherapyByPro.
  • in the sole judgment of TherapyByPro, is objectionable, or which may expose the Site or the Services or any of their users to any harm.

TherapyByPro has no obligations with respect to, and assumes no liability for, any User-Generated Content posted or otherwise published by any user of the Site or the Services, or for any loss or damage relating to that activity. Although TherapyByPro has no obligation to screen or maintain any User-Generated Content posted to or distributed through the Site or the Services, TherapyByPro reserves the right, in its sole discretion, to remove or delete any User-Generated Content posted to or distributed through the Site or the Services without notice to you. You acknowledge and agree that you are solely responsible for the accuracy and content of your User-Generated Content.

Upon submitting or otherwise making available any User-Generated Content: (a) you represent and warrant that the User-Generated Content is original to you, that no other party has any rights to it, that any “moral rights” in it have been waived and that your User-Generated Content, and our use of it, do not infringe on any third party right or violate any applicable law; and (b) you grant to TherapyByPro a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, disclose, distribute, transmit, publicly display, publish, publicly perform, modify, translate, adapt, make derivative works from, incorporate and otherwise use and exploit the User-Generated Content, in whole or part, and including all data, images, creative works, sounds, text, and other things embodied in that User-Generated Content, for any and all commercial or noncommercial purposes. Aside from our limited right to any User-Generated Content that you submit, link, post or otherwise make available on or through the Site or the Services, you retain all of your rights to such User-Generated Content, and we do not claim ownership of any such User-Generated Content.

The website, its software and all content found on it are provided on an “as is” and “as available” basis. This being so, TherapyByPro does not give any warranties, whether express or implied, as to the suitability or usability of the website, its software, mobile application, or any of its content. Any uploading or downloading of material to the website is done at your own risk and you are solely responsible for any damage to any computer system or loss of data that results from such activities. TherapyByPro will not be liable for any loss, whether such loss is direct, indirect, special or consequential, suffered by any party as a result of their use of the TherapyByPro website, its software or content. Should you encounter any bugs, glitches, lack of functionality or other problems on the website, please contact us on email: support@therapybypro.com

9. PROCESS FOR SUBMITTING CLAIMS OF COPYRIGHT INFRINGEMENT

In accordance with the Digital Millennium Copyright Act (the “DMCA”) and other applicable laws, we have implemented a procedure for contacting us in the event you feel that certain rights might be infringed by content posted on the Site or otherwise through the Services. If you believe in good faith that content hosted by us infringes your copyright, then provide to our Registered Agent written notice containing all of the below information:

1. A full and complete identification of the copyrighted work you claim was infringed;

2. a clear identification of the content you claim is infringing the copyrighted work, the website on which the content is posted, and information that will allow us to locate that material on the Site, such as a link to the allegedly infringing content;

3. your name, postal address, e-mail address and telephone number;

4. the following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”;

5. the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”; and

6. a original signature on the notice by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any such notices of claims of copyright infringement must be e-mailed, to:

TherapyByPro

Registered Agent / Copyright Infringement Notice

info@therapybypro.com

We will review and address all notices that we receive that comply with the above requirements. We recommend that you consult your legal advisor before filing a notice or counter-notice. You may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement.

10. REPEAT INFRINGER POLICY

In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating the memberships of submitters who are deemed to be repeat infringers, such determination made in appropriate circumstances and at our sole discretion. We may also limit access to the Site at our sole discretion for any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

11. CHANGES TO THE SITE OR THE SERVICES

Availability of the Services and features described on the Site or otherwise in connection with the Services are subject to change without notice. We reserve the right, for any reason and in our sole discretion, to terminate, change, suspend or discontinue any aspect of any of the Site or the Services. We may also impose limits on certain features of the Site or the Services or restrict your access to part or all of the Site or the Services without notice or penalty.

12. PAYMENTS

TherapyByPro uses Stripe for payment processing services. By using the Stripe payment processing services, you agree to the Stripe Payment Services Agreement available at https://stripe.com/legal, and the applicable bank agreement available at https://stripe.com/connect-account/legal. TherapyByPro has no obligation to reimburse Clients for services they receive from Service Providers that are unsatisfactory to Client.

Regarding digital product being sold on TherapyByPro, we do not accept returns, exchanges, or cancellations due to the nature of the products we sell. Due to the fact you have instant access to products once you download them, no refund will be given. If you have a problem downloading a purchased product, please contact us.

Product(s) purchased are provided for your use only (unless otherwise specifically stated) and you agree not to, whether for a fee or without charge, reproduce, duplicate, copy, sell, transfer, trade, resell, re-provision, redistribute, or rent the product(s), any portion of the product(s), use of the product(s), or access to the product(s), including, but not limited to, reselling capabilities enabled or used by a specific application (including, without limitation, Voice Over Internet Protocol (VOIP) via wired, wireless or other means). For example, you agree that the product(s) is not to be used to trunk or facilitate public internet access (hotspots) or any other public use of the product(s), or for any high volume purpose.

Each template purchase is licensed for individual use. It's not ok to share a resource you've purchased on TherapyByPro without buying the proper number of licenses (1 per mental health professional). Additional purchases of the same resource is considered an additional license.

13. SHIPPING POLICY

All products available for purchase on therapybypro.com are digital products and delivered via digital download only. No physical products are shipped for digital products. All of the PDFs offered for sale on therapybypro.com are digital products.

Your file(s) will be available to download once payment is confirmed. There will be an opportunity to download right after checkout is complete and payment is received. Download link(s) for product(s) purchased will also be emailed to the email address customer used in the checkout process. Please note, that all digital downloads are tracked in terms of the location of download (via IP Address) and time of the download in order to prevent software fraud.

Download link(s) will not expire. If you have trouble accessing your downloads, email us at info @ therapybypro.com and we will verify that you have purchased from us, and then send you a copy of your purchase via email.

14. LICENSING CHECK

TherapyByPro users are required to legally possess a License with their corresponding state. Therapy Licensing will be verified with their corresponding State Governing Board.

15. SERVICE PROVIDERS

By registering or using the Services to offer, post or provide services to Clients, Service Providers represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their services and in relation to the specific job they are performing. Service Providers understand and agree that offering their services through the Site and Services does not guarantee they will be hired for work.

16. CLIENTS

TherapyByPro does not endorse and is not responsible or liable for any products, goods or services available or unavailable from, or through, any third party or Service Provider. You agree that should you use or rely on such products, goods or services, available or unavailable from, or through any third party or Service Provider, TherapyByPro is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with any Service Provider are between you and such Service Provider and do not involve TherapyByPro. You should make whatever due diligence that you deem necessary or appropriate before booking Service Providers.

TherapyByPro is not responsible for the availability or conduct of any Service Provider or for your interactions with them. You hereby waive the right to bring or assert any claim against TherapyByPro relating to any interactions with any Service Provider and release TherapyByPro from any and all liability resulting therefrom.

17. DISCLAIMER THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, TEXT, GRAPHICS, AND LINKS IN OR ON EITHER, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THERAPYBYPRO PROVIDES THEM TO YOU “AS-IS” AND AS AVAILABLE AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THERAPYBYPRO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVICES, OR THE SERVER THAT MAKES EITHER AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THERAPYBYPRO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN ANY OF THE SITE OR PROVIDED AS PART OF THE SERVICES OR WITH RESPECT TO THEIR COMPLETENESS, CORRECTNESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THERAPYBYPRO OR THROUGH THE SITE OR PARTICIPATION IN THE SERVICES SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, THERAPYBYPRO NOT EXPRESSLY MADE IN THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THEM. YOU SHOULD NOT RELY ON THE SITE OR THE SERVICES TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; INSTEAD, YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE OR THE SERVICES FAIL OR ARE UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.

18. LIMITATION OF LIABILITY

IN NO EVENT WILL THERAPYBYPRO, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE SERVICES, OR THE INFORMATION, SERVICES AND MATERIALS AVAILABLE FROM THE SITE OR THE SERVICES. THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL

PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY SERVICES OR CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY YOU OR ON BEHALF OF ANY OTHER USER OR OTHER PERSON ON OR THROUGH THE SITE OR THE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE OR SERVICES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS, OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

19. INDEMNIFICATION You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of the Site or the Services, your communication, placement or transmission of any message, content, information or other materials on or through the Site or the Services (including your User-Generated Content), your breach or violation of any law or third party right or of these Terms of Use, or any activity otherwise related to your use of the Site or the Services (including negligent or wrongful conduct), or by any other person accessing or using the Site or the Services using an account registered to you.

20. ENTIRE AGREEMENT, GOVERNING LAW

These Terms of Use constitute the entire agreement between you and TherapyByPro and govern your use of the Site and the Services, and supersede any prior agreements between you and TherapyByPro relating to your use of the Site or the Services. These Terms of Use and the relationship between you and TherapyByPro will be governed by and construed under the laws of the State of Florida, without regard to conflicts-of-law principles. You expressly agree that exclusive jurisdiction for any dispute with any Site or the Services or relating to your use of them, resides in the courts of the State of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida located in Palm Beach County in connection with any such dispute. You further agree that you will not commence against any of the Protected Entities a class action, class arbitration or other representative action or proceeding in connection with the Site or the Services. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the intentions as reflected in the subject provision, and all the other provisions of these Terms of Use will remain in full force and effect. By using the Site and/or the Services, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site, the Services, or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred. TherapyByPro’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. Neither the course of conduct between you and TherapyByPro nor any trade practice shall act to modify any of these Terms of Use. TherapyByPro may assign its rights and duties under these Terms of Use to any party at any time without notice to you. The Site are controlled and operated in the United States, and may not be available outside of the United States. TherapyByPro makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with all applicable local laws. In the case of any violation by you of these Terms of Use, TherapyByPro reserves the right to seek all remedies available to it for such violations.

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