Terms of Use
Welcome! This is a website offered by Pacific Psychotherapy Technologies, Inc., on behalf of itself and its affiliates (including, but not limited to, Two Chairs Behavioral Health Group) (“Two Chairs,” “we,” or “us”). This Terms of Use Agreement, including the Privacy Policy, which is incorporated herein by reference, and any documents, policies, rules and other terms that are expressly incorporated herein by reference (collectively, this “Agreement”), sets forth a legally binding agreement between you (“you” or “your”) and Two Chairs, and governs, and explains, the terms by which you may use our website and/or our web-based or mobile applications (collectively, the “Site”).
By accessing or using the Site, or by clicking to accept this Agreement when this option is made available to you, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Two Chairs Privacy Policy, whether or not you are a registered user of our Site. Two Chairs reserves the right to make unilateral modifications to this Agreement and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Site (“Users”). Please read this Agreement carefully to ensure that you understand each provision before using the Site.
Arbitration Notice and Class Action Waiver: This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
1. Use of Our Site
A. Eligibility
B. Access to the Site
C. Site Rules
You agree not to engage in any of the following prohibited activities when accessing or using the Site: (i) copying, distributing, selling, reselling, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to the Two Chairs servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Two Chairs grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Site; (viii) using the Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Site; (xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; (xii) bypassing the measures we may use to prevent or restrict access to the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (xiii) using any device, software, or routine to interfere with the proper functioning of the Site; (xiv) violating or attempting to violate any security features of the Site; or (xv) reverse-engineering, decompiling, disassembling or otherwise reducing or attempting to reduce to a human-perceivable form any of the source code used by us in providing the Site.
Accessing any audiovisual content that may be available on the Site for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Site. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change all or part of the Site; stop providing the Site or features of the Site, to you or to Users generally; or create usage limits for the Site. We will not be liable if, for any reason, all or part of the Site is ever unavailable. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Two Chairs Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Two Chairs shall have no liability for your interactions with other Users, or for any User’s action or inaction.
D. User Covenants
E. Account Access Information
2. Our Proprietary Rights
When accessing and using the Site, you agree to obey the law and to respect the intellectual property rights of others. The Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (collectively, the “Two Chairs Content”), and all intellectual property rights related thereto, are the exclusive property of Two Chairs and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Two Chairs Content. Use of the Two Chairs Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You acknowledge and agree that you do not acquire any ownership rights by accessing or using the Site.
You may choose to, or we may invite you to, submit comments or ideas about the Site, including, without limitation, about how to improve the Site or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Two Chairs under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Two Chairs does not waive any rights to use similar or related ideas previously known to Two Chairs, or developed by its employees, or obtained from sources other than you.
3. No Professional Advice
If the Site provides professional information (for example, medical, legal, or financial), such information is provided on an “as-is and “as-available” basis and is for informational purposes only and should not be construed as professional advice. Please remember when reviewing information on the Site that such information may not represent the complete information available on a subject. No action should be taken based upon any information contained in the Site. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
4. Privacy
We care about the privacy of our Users. You understand that by using the Site you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
5. Security
Two Chairs cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
6. Accessibility
We are committed to helping those with disabilities access the Site. We strive to provide an excellent online experience for all our guests – including those with sight, hearing, and other disabilities. If you have difficulty using or accessing any element of the Site or if you have any feedback regarding accessibility of the Site, please feel free to contact us at support@twochairs.com.
7. Third Party Links and Information
The Site may contain links to third-party materials that are not owned or controlled by Two Chairs. Two Chairs does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Site on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Two Chairs’ Privacy Policy do not apply to your use of such sites. You expressly relieve Two Chairs from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Two Chairs shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
If we provide links to social media platforms, such as Instagram, Facebook or Twitter, and you choose to visit any such social media platforms through our links, please note that the personal information you post, transmit, or otherwise make available on or through such social media platforms may be viewed by the general public. We are not responsible for any third-party use of any such content or information, including, without limitation, personally identifiable information, that you have posted, transmitted, or otherwise made available on such social media platforms.
8. Indemnity
You agree to defend, indemnify and hold harmless Two Chairs and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited, to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including, without limitation, misleading, false, or inaccurate information; (vi) your willful misconduct; (vii) any other party’s access and use of the Site with your unique username, password or other appropriate security code; or (viii) your dispute with another User. This indemnification obligation will continue after you stop using the Site. We reserve the right to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
9. No Warranty
The Site is provided on an “as is” and “as available” basis. Use of the Site is at your own risk. To the maximum extent permitted by applicable law, the Site is provided without, and we expressly disclaim, warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Two Chairs or through the Site will create any warranty not expressly stated herein. Without limiting the foregoing, Two Chairs, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Site will meet your requirements; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Site is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Site.
Two Chairs does not warrant, endorse, guarantee, or assume responsibility for any product or site advertised or offered by a third party through the Site or any hyperlinked website or site, and Two Chairs will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Two Chairs, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this Site. Under no circumstances will Two Chairs be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site or your account or the information contained therein.
To the maximum extent permitted by applicable law, Two Chairs assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content on the Site; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (vii) the defamatory, offensive, or illegal conduct, or any other conduct, of any third party. In no event shall Two Chairs, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding $100.00.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Two Chairs has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
The Site is controlled and operated from facilities in the United States. Two Chairs makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including, but not limited to, export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States.
11. Governing Law, Arbitration, and Class Action / Jury Trial Waiver
A. Governing Law
B. Arbitration
For any dispute with Two Chairs, you agree to first contact us at support@twochairs.com and attempt to resolve the dispute with us informally. In the unlikely event that Two Chairs has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and Two Chairs agree otherwise, with an arbitrator having expertise in the subject matter of the dispute. If you are using the Site for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Two Chairs from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises.
C. Class Action/Jury Trial Waiver
12. General
A. Assignment
B. Notification Procedures and Changes to the Agreement
C. Entire Agreement/Severability
D. No Waiver
E. California Residents
1901 Avenue of the Stars, Suite 1750
Los Angeles, California 90067
support@twochairs.com
Consumer Information Center
1625 North Market Blvd.
Suite N 112 Sacramento, CA 95834
13. State Appendix
Licensed professionals practicing therapy for a fee must be credentialed with the appropriate state licensing board for the protection of the public health and safety. Credentialing of an individual with the state licensing board does not include recognition of any practice standards, nor does it imply the effectiveness of any treatment.
Complaints against licensees, registrants, and certificate holders should be submitted to the appropriate state board. Complaints must be submitted in writing, either by mail or electronically through the board's online complaint form, if available.
State Appendix