Please read through these Terms and Conditions carefully. By accessing our web site located at www.marriagefriendlytherapists.com (the “Site”) or by otherwise accessing any content found on this web site, you are deemed to have entered into an agreement with the National Registry of Marriage Friendly Therapists, LLCSM (“we” or “us”) and to have agreed to be bound by the terms and conditions set out below.
1. Information Furnished by You. By requesting that you be listed on the National Registry of Marriage Friendly TherapistsSM (the “Registry”), you represent to us that you are a therapist who is trained and experienced in marriage and couples therapy and who specializes in this form of therapy, and you represent to us that the information that you furnish to us for determining your eligibility (see Therapist Eligibility on this Site) is true and correct and does not omit to state any material fact. You have the right to make a written request to receive information about the nature and scope of the evaluation of your eligibility, but we will release only the portion of the evaluation of your eligibility that constitutes public information.
2. Agreement with Values Expectations. By requesting that you be listed on the Registry, you represent to us that you have read and are in agreement with the Values Expectations described on this Site at Therapist Eligibility: Values Expectations.
4. Refund of Annual Fee. If you are accepted for listing on the Registry and we subsequently remove you, you will receive a pro rated refund of your fee. You will not receive a refund if you request removal from listing on the Registry.
5. Indemnification. By requesting listing on the Registry, you agree to indemnify and hold harmless the National Registry of Marriage Friendly Therapists, LLC and it members, governors, officers, employees and agents against all damages, costs, expenses (including reasonable attorneys’ fees and expenses) arising out of or relating to your request to be listed on the Registry, your listing on the Registry, your removal from listing on the Registry or any actual or alleged malpractice by you or by a predecessor or successor in interest to you, including any legal entity created by you.
6. Use of Information on this Site. You may retrieve and display on your computer screen the information contained on this Site, print (but not photocopy) such information and store such information in electronic or print form for use in your therapy practice. You also may refer your clients or other therapists to this Site and such information. Except as expressly provided in this paragraph, you agree that you will not reproduce, modify, disseminate, sell, distribute, publish, broadcast or commercially exploit the information available on this Site without our express written consent and, if necessary, the consent of third party providers of content on the Site. In all events, you will preserve all trade names and marks and copyright notices.
7. Communication. You understand that by providing your fax number, email address, mail address and telephone number to us, you are giving express permission to the receipt of communications by fax, email, mail and telephone from us or on our behalf.
8. Privacy Statement. We respect your personal privacy and that of the couples who use the Site and the Registry. Please see our Privacy Statement.
9. Links to Other Sites and Advertisements. This Site contains links to other web sites (“third party websites”) and this Site contains advertisements by third parties, which advertisements may contain links to third party websites. We are not responsible for, do not endorse and do not assume legal liability for the content of any advertisements or for the material contained in any linked third party sites. We ask you to advise us of any third party links that you believe are inappropriate or contain inaccurate information.
10. No Warranty; Disclaimer of Liability. We expressly disclaim all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will we be liable for direct, indirect, punitive, special or consequential damages to you arising out of or related to your listing on the Registry, failure to be listed on the Registry or removal from listing on the Registry, including without limitation damages for loss of income, intangible damages or “lost opportunity” or damages arising out of or related to reliance on information available on the Site, even if we have been advised of the possibility that such damages may arise.
11. Arbitration. You and we agree that any claim, dispute or controversy between us or claim made by either of us against the other or the employees, agents or assigns of the other and any claim arising from or relating to the Registry or this Site, including the applicability of this arbitration clause and the validity of these terms and conditions, shall be resolved by neutral binding arbitration conducted in accordance with the rules of the American Arbitration Association. Each such arbitration shall be conducted in the City of Minneapolis, Minnesota and any award may be interpreted and enforced by any court of competent jurisdiction located in Minneapolis, Minnesota. The terms and conditions of this Agreement, including without limitation this arbitration provision, shall be interpreted by the internal laws of the State of Minnesota, and the arbitrators shall apply the law of the State of Minnesota. You and we understand that each of us would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide the case, but each of us acknowledges to have chosen to have any disputes decided through arbitration.
12. Entire Agreement. These terms and conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any and all other agreements, communication (written or oral) between you and us. We may amend these terms and conditions or impose new conditions at any time by notice published on the Site. Any use of the Site by you after such notice shall be deemed to constitute your acceptance of such amendments, modifications or new conditions. It is understood and agreed that if any provision of these terms and conditions is held by a court to be illegal or in conflict with any law of the State of Minnesota, the validity of the remaining provisions shall not be altered, and the rights and obligations of the parties shall be construed and enforced as if these terms and conditions did not contain the provision held invalid. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect. The printed version of these terms and conditions and any notice or amendment given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. No Assignment; Waiver. These terms and conditions are personal to you, and your rights and obligations under these terms and conditions may not be assigned, sub-licensed or otherwise transferred or in any manner become the rights and obligations of another without our expressed written consent. No delay or omission on the part of you or us in requiring the performance of the other will operate as the waiver of any right.