Theravive Terms of Service

We appreciate your business and choosing us. We are comitted to working hard to market you and to bring you new clients! For us to do that in the best way, we have developed terms of service that cover the scope of our services and our agreement with you. If you are a customer, you already agreed to this during sign-up. If you are not a customer, please take time to carefully read this page. We apologize for the "legalese" but in today's society, unfortunately, it is required in order for us to be a business. Please let us know if you have any questions.


Terms of Service (TOS) for Use of Our Website www.theravive.com

This represents an agreement between you, “The Customer” (or "you") , and Return My Life, LLC, (doing business as Theravive.com), for a subscription (whether paid or unpaid) listing on the Theravive.com website for any time interval, and/or to place content (written, images, audio, video) on the theravive.com website henceforth called “The Service” or "services".

 

By using The Service:

  1. You are part of, and in good standing with, an officially recognized body that regulates the profession of counseling and/or psychology, and/or your specific form of therapy, in your geographical area, holding a minimum masters level degree from an accredited institution in a mental health related field*.
  2. If you are unlicensed or pre-licensed, you agree to state that fact in your profile. Unlicensed and pre-licensed therapists must be under supervision and have a masters-level or higher degree from an accredited institution.
  3. You carry current professional liability and/or malpractice insurance. If you do not, you may still be a member, but you agree to state this fact in your profile.
  4. You agree that your qualifications and credentials are active, accurate and up to date.  Any change to your credentials and qualifications you agree to contact us in a timely fashion to make the necessary changes in your listing. Customers that misrepresent themselves may be removed without notice and without any reimbursement or refund. 
  5. You affirm in good faith the values listed on Theravive’s values page (http://www.theravive.com/values.htm) as being embraced in your practice and treatment philosophy for any client you knowingly receive through Theravive (this only applies to clients you know that you received from us). We do not audit this in any way, it is a good faith request only.
  6. You understand that Theravive.com is an informational site only, providing information to the public. We do not act as medical professionals. We are not an enforcement body and do not regulate the practice of any professional listed on our site. We advertise for therapists, connecting them to clients, and it is at that point that our involvement ends.
  7. You agree and accept any and all responsibility for any communication and business you conduct with clients, counselors, and anyone else as a result of being listed at Theravive.com and release us from all liabilities that may happen as a result of you using the service. You understand that not everyone who contacts you over the internet may have a reasonable intent for therapy, and some who contact you may have motives to scam, harrass, misrepresent, etc. Theravive bears no responsibility for any engagement you make with someone who contacts you as a result of your listing and you accept all responsibility for such engagement.
  8. The Service can be terminated at any time by either party for any reason whatsoever. If The Customer wishes to be removed from Theravive.com (cancel The Service) it will be done so (both the Customer's listing(s) and biography) upon request by the Customer within a reasonable amount of time.  It is The Customer’s responsibility to ensure notification of cancellation was received.   If The Service is terminated by The Customer, The Customer agrees no refunds or reimbursements for unused time will be issued regardless of the length of time that has passed.  To ensure the validity and mission of Theravive.com, we reserve the right to remove individuals listed without notice for any reason.  Except in the case of misrepresentation, false credentials, submitting illegal content, or any other non-refundable condition as stated in this agreement, if Theravive terminates the contract, you will receive a prorated refund according to completely unused months based on the day of payment. 
  9. You acknowledge that the accuracy of the information in your listing is your responsibility.  Theravive.com may make changes and corrections to your information or content upon notification and within a reasonable amount of time. 
  10. Payment for The Service is a subscription made in advance for a one year period unless otherwise separately negotiated.  Subscriptions automatically renew unless cancelled, which can be done at any time. Subscription fees are subject to change. 
  11. All listing photos are to be taken outdoors (to have a natural tone). Photos should have an "outdoor" feel and be high quality. Unless you are listed as a clinic, photos may not show any person other than you. Use of children in any listing photo is not permitted. An outdoor photo that does not show you at all is permitted (i.e. a landscape or nature scene). All photos are subject to approval. We will work with Customers to obtain acceptable photos and will provide a default photo in the event the customer can not provide a suitable one.
  12. All photos, biographical content, and any other content submitted by the Customer for posting on Theravive.com are subject to approval. Theravive may request changes be made to listing content if it deems that such content is contrary to Theravive's overall mission, scope, and theme.
  13. Use of profanity, derogatory terminology, harassment, or language that is in opposition to our values in profiles or blog entries is prohibited and Theravive reserves the right to apply filters to Therapist profiles to censor content it deems inappropriate. Additionally, use of harassment, profanity, or hostility to any staff of Theravive that displays a willful intent to harm Theravive may result in your account being terminated without refund.
  14. While we work hard to advertise your practice to as many people as we can, we cannot promise an increase in clients or business as a result of using our services. If you have a guarantee with your subscription, the terms of your guarantee are in addition to the terms of service.
  15. Links to customer websites are subject to review and approval. Customer website links are given HTML "no-follow" tags unless otherwise negotiated. Theravive will normally remove the 'no-follow' tags upon request and with a link swap in return.
  16. Any offer given by Theravive by default is considered expired if not taken advantage of within 7 days of it being made, or unless the offer itself contains a time window, in which case the offer's time window will be enforced.
  17. Customers removed due to violations of these Terms of Service may be reinstated, if approved by Theravive, and are subject to a US $50.00 fee to be re-listed. The subscription period will remain unchanged.

Sign Up Form

By completing the first page of our sign up form and submitting to us your email address and checking the box that you acknowledge these terms of service, you are agreeing specifically to "opt-in" to receiving emails from us. Examples of emails you may receive include, but are not limited to, notices about your account, offers of our services, client referrals, and client inquiries. We will not willingly disclose your email address to a third party. The "opt-in" is only to receive emails from Theravive (ie. theravive.com, theravive.org, or theravive-listing.com)

Listing Order:

Therapists are by default, displayed randomly on the page. A therapist who has a penalized account may show up at the bottom of searches.

Broken Profiles

Blank profiles hurt our ability to advertise, and result in potential clients leaving our site. All therapists who sign up with us are asked to complete a full profile within 30 days of activation. Blank or incomplete profiles (profiles that lack a promotional, 6 or more custom specializations, lack even a single marketing tool written, or a bio) may be relegated to the very bottom of the page (penalized account), beneath all members. If this happens, as soon as a therapist completes their profile, their listing order will be restored. An incomplete profile for more than 30 days voids any client guarantee, as it is unlikely that any therapist with a blank profile will gain clients through us.

Abuse

Abuse of Theravive.com website via Therapist contact forms may result in account termination. Attempts at malicious server attacks or hacking other accounts may be prosecuted under the law. Therapist contact forms are meant for client/lead contacts only, and not meant to spam or solicit services. Absue of our contact forms consists of sending multiple identical or nearly identical messages not intended to procure therapy services to several therapists (more than 5) in a short period of time (within 24 hours). Use of contact forms in this manner is prohibited. Using contact forms to send messages of any number to other therapists that have intent to harm an individual, harm or discredit another therapist, or harm or discredit Theravive or its staff may result in account termination without refund. Contact forms are meant for people seeking counseling, and misusing them lowers the quality of our services to our customers. If you have a message you want to get out to many other therapists, please use another venue.

Advertising And Ownership

Members who wish to represent themselves as a clinic or a group (more than 1 therapist), or use their profile to advertise more than just themselves, must sign up as a group membership, rather than an individual membership. Therapists who sign up as individual members may only advertise their individual practices in their profile and/or bio. The website of a therapist, which is displayed as part of a therapist's profile, does not count as advertising. Theravive, at its discretion, will decide if a profile is in violation of this tenet. Accounts and listings on Theravive are non-transferrable.

Placing Professional Seals

Theravive may make website edits for the customer directly on the customer's website as a courtesy only, with the customer's explicit permission. We do this free of charge so that therapists can avoid hiring someone to do the work. If the customer approves and grants Theravive access to place their seal on their website, theravive will make the edit upon which the customer will be notified and may disapprove of the edit. If disapproved, Theravive will undue the change. Upon completion of the edits, the customer has a 30 day window to disapprove, otherwise the edits will be considered "approved." Once edits are made, and the customer approves them (either explictly approves them, or by not specifically disapproving them for a 30 day period), Theravive will not remove/undue them. The customer is then completely responsible for removing or changing any and all alterations Theravive made to their website. Occasionally Theravive may refuse to place a web seal if the customer uses a web platform we are not familiar with or if we feel there is any risk to the website of the customer by us logging in.

Website Operations

On occasion, the Theravive website, and its services may be down for maintenance, updates, or unforeseen problems. While we make every attempt to keep the website operating smoothly at all times, we cannot guarantee 100% uptime, nor can we guarantee it will always run smoothly or without errors. By signing up for The Services, you agree to accept the inherent risk associated with running a website, that it may not always be operational, or without problems, errors, broken links, or other unforeseen issues, including those imposed by law. Refunds, including pro-rated refunds, or credited time are not granted for problems with website operations.

Limitations of Liability

In no event, including, without limitation, negligence, shall Return My Life, LLC, Theravive.com, its owners, its subsidiaries, affiliates, agents, officers, directors, employees or partners ("we") be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not "we" have been advised of the possibility of such damages and on any theory of liability, arising out of or in connection with the use of or the inability to use this site, its services, or materials, the statements or actions of any third party on or through this site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your data, any failure in the transmission of your data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any services available through the site that are delayed or interrupted, or any web site referenced or linked to or from this site, or contact and/or communication with any individual(s), or any loss, harm, costs, or damages resulting from your subscription to Theravive's services.

Refund Policy

No refunds or credits are granted for any reason after purchase. Customers who are in compliance with our terms of service, who are then terminated by Theravive, are entitled to a pro-rated refund based on unused complete months. For any other reason, refunds are not granted. You agree that Return My Life, LLC is not responsible for any secondary costs incurred by you for the production of stationary, business cards, ect, as it relates to your listing or changes to your listing (including de-listing) and changes to services on the theravive.com website.

Additional Listings, Declaration of s,

1. Customers on Theravive may configure several additional listings by specialty by writing a paragraph about that specialty. These listings are found under the Marketing tab in the control panel and represent several different specialties. You are asked only to fill out fields that make up an active part of your practice.

2. All fields must be unique. Completing any additional listing that contains copied text, whether copied from another field, or anywhere on the internet, including your own website, is a violation of this agreement and may result in one or more fields being disabled on your account. In order for us to market these additional listings, it requires that all text in all fields be completely unique original writing and be able to pass a CopyScape test at www.copyscape.com. Unique text is required so that Google and other search engines do not recognize copied and/or plagarised text from elsewhere on the web and thus, penalize us in search rankings.

Content Submission Policy for Theravive.com.  

As a member of Theravive. you have the opportunity to publish your work on the Theravive website in the form of blog entries and articles, with prior approval. Therapists who choose to contribute their own creative work to Theravive must first agree to our content submission policy. Please note: this section does not apply to profiles and bios.

Content (except for profiles and bios) published on Theravive is permanent and cannot be retracted. By submitting content for publishing on Theravive you agree to our content submission policy.
The Customer is responsible for the legality of all written content, images, audio, and video ("content") submitted to Theravive. The customer agrees they are the original authors or creators of the content, or are the sole-copyright holder of the content, or that the content is public domain, and that the content, in being posted on the Theravive.com website is not in violation of any laws. If you have hired a ghost writer, you agree that you have exclusive rights to each article and all such content you submit. Theravive will immediately remove any content that is in violation of law, and customers who submit illegal content are subject to applicable laws, including termination of services without refund. All content submitted to Theravive, including that submitted for discounts or free time, is subject to prior approval. You agree that any and all content submitted to Theravive, including articles, you grant permanent rights to Theravive to publicly display such content on its website permanently without retraction. Content submitted to Theravive may be freely used in advertising, promotions, or used in any other manner Theravive chooses. Theravive does not have the right to sell your work directly for profit. You will not be paid for submitting your articles or content to our site. You will retain full and permanent credit for your work and sourced in all instances it is used by Theravive. If you are submitting content for publishing on our site, you agree to not repost or publish your content with any other website or organization, including your own website(s), for a period of 90 days after Theravive posts your content live on the Theravive.com website. 

Privacy and Personal Risk

You accept all risks associated with posting personal information, including your photo, on the theravive.com website. You release all liability from Return My Life, LLC, Theravive and its owners, its subsidiaries, affiliates, agents, officers, directors, employees or partners of direct or indirect, special or consequential damages, relating to the presence of your photo and/or listing your information on this site. You understand that Theravive.com is a public website, and any information you submit to theravive.com becomes available to the public and this means that other individuals or websites not under our control, nor under any agreement with us may farm and harvest content on Theravive and use it for purposes not approved of by us or by you. You accept responsibility for this risk and you release Theravive for any liability if your information is used by another party for any reason as a result of your content being made public on the Theravive website.

Marketing of Content

Being listed on Theravive may mean your listing and profile may show up on other sites, including search engines, or another website altogether. Theravive has the right to promote and advertise its website, which includes all of its content, on other websites, fliers, commercials, audio, video, or in any other manner of advertising to promote itself. Theravive may freely enter into agreements with other websites to market and promote our services and our brand, to show our content, and/or show our therapist profiles on that website.

E-mail

Theravive.com uses email as its primary mechanism of communication. It is your responsibility to ensure your email address with Theravive.com is current. You agree that by signing up, theravive.com may send out periodical emails from time to time as part of The Service. Theravive does not release your email to any third party.

Non Compete

By signing up for the service, you agree that you are not an owner, contractor, or employee of another therapist directory or website who has as one of its goals, the advertising and promotion of therapists on the internet. Customers who represent clinics or groups of clinics and who have websites listing their therapists do not fall under this clause. We do not allow owners, contractors, or employees (paid or unpaid) of other therapist directories to become members of Theravive.

Waitlist Cities

Cities that are closed and with a waitlist in place may be charged a premium fee in order for new therapists to be listed there once a new spot opens. In many closed cities, spots may take one or more years to open.

 

*Occasionally, Theravive may allow counselors with less than masters degrees on our site, under the condition that we are unable to find any masters level therapist to list with us in a particular city. This only happens for a given area where we do not have any therapists listed, and we are receiving client contacts, and despite attempts to find a masters level therapist, none would join us. In cases where Theravive is actually receiving client referrals, but has been unable to find a masters level therapist willing to subscribe to us, we may allow counselors without a masters degree to join in that particular area, provided they are legally allowed to practice as a therapist in their geographical area and hold a certification and membership in good standing from an organization that governs their therapy. In these instances, Theravive will approve of such therapists on a case by case basis. Memberships of Therapists with less than masters degrees are re-negotiated each year. A few therapists on Theravive with less than masters degrees who were members before the masters requirement (put in place Oct 2009), have been "grandfathered" into the existing network. All therapists who join Theravive after October 2009 are subject to the Masters degree requirement, except in the case as described above.

 

Changes to This Document

Theravive.com may change this agreement and/or its terms of service at any time.

 

-Return My Life, LLC (doing business as "Theravive" and "theravive.com")

Updated October 2014: 


If you have any questions, please e-mail listing@theravive.com or call us at 604-626-1329 (Canada), or 360-350-8627 (United States)

*If your city is not currently listed, it will be created for you upon signup.