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* TERMS AND CONDITIONS Terms and Conditions Agreement DrFrankOnline, Inc. welcomes you to the premier mental health and therapy related website. We agree to introduce you to online therapy, counseling and life coaching services, both through our E-mmediate Care center and our Counselor Gallery, and to introduce you to our informative videos, weekly bulletin, and daily quote. Online therapy, counseling and life coaching services are not intended as a substitute for medical evaluation, treatment or consultation. DrFrankOnline.com agrees to make a reasonable effort to maintain an informative, useful, and safe website for the benefit of the general public. We ask that you carefully review these Terms and Conditions, and that you read and signal (either click on the "Accept" button or the "Decline" button located at the end of this document) that you understand and agree with the Terms and Conditions detailed within this document. Please note that you are referred to as "User" in this Agreement. The term "Provider" includes DrFrankOnline, Inc. and its officers, directors, employees, assigns, agents, and successors. The term "mental health professional" is used in this Agreement (Terms and Conditions) and on the Site to refer to a variety of mental health professionals including, but not limited to, psychiatrists, psychologists, marriage and family therapists, licensed clinical social workers, and mental health counselors. Services and Conditions of Use DrFrankOnline.com (the "Provider") agrees to provide a Site with general information, the ability to access mental health professionals and their services, interesting surveys and quizzes, and opportunities to shop for items of interest to you. All of the services provided are subject to the terms of this Agreement. Provider reserves the right to modify this Agreement at any time by providing notice through the Site. You hereby agree that, at all times that you use the Site, you will abide by the Terms and Conditions set forth herein. To use the Site, User must agree to all of the Terms and Conditions set forth in this Agreement. Read this Agreement carefully. Do not use the Site unless you have read and agree to abide by the terms and conditions set forth herein. General Disclaimer The content on the Site is provided for general information purposes only and is not intended in any way to be a substitute for face-to-face professional advice or treatment. Persons seeking such advice or treatment should consult with a licensed mental health professional. The content offered on the Site should not be relied upon for the diagnosis or treatment of a mental or medical condition. Do not disregard professional advice or delay in seeking professional advice as a result of something you have read on the Site. Individuals with URGENT MEDICAL PROBLEMS should immediately seek advice and treatment from a physician. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911, NOTIFY THE POLICE OR CONTACT EMERGENCY MEDICAL SERVICES. User's reliance on any information provided on the Site is solely at the risk of the User. DrFrankOnline.com does not endorse and does not recommend any information, material, product, quiz, survey, test, procedure or opinion that may be posted or referred to on the Site. Opinions expressed on the Site are solely the opinions of the authors of such material posted or appearing on the Site. Provider does not assume any liability or responsibility for the accuracy of the content of any material provided on the Site. Provider does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or material of any nature provided on the Site. Provider reserves the right, at any time, to modify or to stop providing any component or feature of the Site. All mental health professionals who practice therapy on the Site are required to provide proof of licensure or certification and liability insurance to DrFrankOnline, Inc. before being granted the right to use our website and technology to conduct their private practice. Payment for Services and Cancellation Policy User will agree to a fee for services set by the online therapist, counselor and/or life coach. Payment is made through the DrFrankOnline.com Book a Session page. You agree that you own the credit card you are using, or have the permission of the credit card holder to do so. If you pay for a session in advance but then need to cancel, and do so 24 hours prior to your session, you can either transfer that sum to a future session or you can receive a refund. If you cancel a session in less than 24 hours before the session, you forfeit that sum. Privacy Statement See our Privacy Policy. User Rules for the Site By using the Site, you agree that you will not undertake any of the following actions: Use the Site for any purpose which would violate any local, state, federal or international law; Engage in any other conduct which, in the opinion of Provider, inhibits or restricts others from using and enjoying the service; Impersonate another person; With or without warning, Provider, in its sole discretion, may terminate User's account when these Rules and/or Terms and Conditions are violated. Provider will also make every effort to remove material or postings on the Site that are in violation of the Rules or the Terms and Conditions. Users who violate the above Rules or Terms and Conditions of the Site may receive a warning from Provider stating that User has committed a violation and that further violations may result in the termination of User's account. If you use the interactive areas found on the Site, you are solely responsible for your communications and the consequences of posting those communications. DrFrankOnline.com does not assume any liability or responsibility for the content or consequences of such communications. If you feel threatened or believe that you or someone else may be in danger, contact your local law enforcement agency immediately. Copyrighted Materials User should assume that any material, information, software, or any other content on the Site is protected by copyright. User may not copy, reproduce, retransmit, distribute, publish, use for any commercial purpose, or otherwise transfer any copyrighted material. User may download a single copy of the material from the Site, and that single copy is solely for User's personal use. User does not acquire any ownership rights by downloading copyrighted material. User is solely responsible for compliance with any copyright, trademark, or other proprietary right, which may apply, to any material of any nature found on the Site. Limitation of Liability and Warranties THE SITE AND ALL CONTENT AND MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS. USER AGREES TO USE THE SITE SOLELY AT USER'S OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, PROVIDER DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES RELATING TO THE QUALITY, ACCURACY, OR CONTENT OF ANY AND ALL MATERIAL, INFORMATION, PRODUCTS, OR SERVICES POSTED ON OR ACCESSED THROUGH THE SITE, AS WELL AS ANY WARRANTIES OF TITLE OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Provider is not liable for the conduct of other Users or third parties and the risk of injury from the foregoing rests entirely with User. Provider is not liable for damages of any nature including, without limitation, direct, indirect, incidental, consequential, or special damages arising out of User's use of the Site or inability to access or use the Site or out of any breach of any warranty. Interactions with Mental Health Professionals If you choose to interact with a mental health professional on the Site, your relationship is strictly with the mental health professional, and Provider is not involved in any way with that relationship. DrFrankOnline.com is acting as a "virtual" landlord (leasor) who simply leases space and services to those desiring to conduct their practices at or on this site. Provider does not endorse or recommend any mental health professional on the Site. Provider advises and encourages User to check the certification and/or licensing of the mental health professional with the applicable state regulatory Board or authority. User acknowledges that the mental health professionals on the Site are not employees or agents of Provider and Provider assumes no responsibility for any act or omission of any mental health professional. User understands and agrees that, although a mental health professional may have been accessed through the Site, Provider cannot predict or assess a mental health professional's competence and appropriateness for User's needs. User also understands that User takes full responsibility for the decision to access a mental health professional through the Site and to continue to interact with the mental health professional, and that the role of Provider is strictly limited to providing access to mental health professionals and their services for User's consideration. Counseling/therapy, whether occurring face-to-face in a therapist's office or online, may have both benefits and risks. Risks sometimes include experiencing uncomfortable feelings such as, but not limited to, sadness, guilt, anxiety, anger and frustration. Unpleasant aspects of User's life may be discussed, and this can cause discomfort. On the other hand, therapy can lead to a reduction in feelings of distress, can result in more effective functioning, both individually and within relationships, and can resolve or minimize specific problems. The success of therapy depends upon a variety of factors, not the least of which is the professional relationship and the "chemistry" between User and therapist or counselor. No Counselor can or should offer a guaranty of a cure for a particular problem. It sometimes will be necessary for a Counselor to refer User to another Counselor if he/she determines that User is not sufficiently benefiting from the therapy. User, of course, can change his or her therapist or counselor at any time and for any reason. Testimonials on this site or the newsletters published by DrFrankOnline.com should not be considered general to all therapists, counselors, life coaches and clients. While online therapy, counseling or coaching offer a variety of advantages to the consumer, they also have some limitations. One of the advantages that online therapy offers is the ease of access. Clients can access Counselors from the privacy of their homes or from other locations. Also, there is no need to travel to the therapist's office, or to travel back to one's home or office. In other words, one's valuable time can be used efficiently. People who live in rural areas can more easily access therapy. Those who are disabled or for a variety of reasons may not want to visit a therapist's office (e.g., privacy concerns) can interact with a Counselor more easily. Since access is enhanced, those who need help may now get the help they might have otherwise missed. Online therapy also has its limitations. For instance, face-to-face interaction between a Counselor and client allows the Counselor to observe the client's dress, demeanor, facial expressions and other nonverbal cues, which can help in the assessment, diagnosis and treatment of the client. In online therapy, Counselors can lose the auditory and visual feedback from their clients that might otherwise cue the Counselor regarding a potential miscommunication. Provider agrees to provide a secure site where confidentiality is protected. This will be done using state-of-the-art technology. While these reasonable efforts are made to protect confidentiality, online therapy presents risks to confidentiality that are not typically present in face-to-face therapy. For instance, the possibility that others at the client's home or other location may have access to records of client/therapist communications cannot be ignored. DrFrankOnline.com utilizes SSL encryption for security and no data is stored in the main computer server. Another limitation regarding online therapy is that insurance companies or HMOs are not likely to reimburse or authorize mental health treatment delivered online. While this may change in time, User should not expect coverage for online therapy at the present time unless the health plan in question has indicated in writing that such coverage is available. It is important to understand that not all problems and conditions are suited for online therapy and that referrals may be made to other practitioners or facilities for in-person treatment when the User's Counselor deems it to be appropriate. This may occur after the initial assessment or after it becomes apparent to Therapist or User that more intensive treatment may be warranted. The Counselor should provide User with further disclosures that may be required by the law in the state in which he/she practices. Even if there exists no law requiring specific disclosures, it is important that User be informed of basic information relating to his/her Counselor and to the nature of his/her practices. For instance, User's Counselor should disclose the fee to be charged, the exceptions to confidentiality that may exist, his/her availability and what to do in case of an emergency, and whether or not he/she will work with minors. The Counselor may also disclose or User may request that he/she disclose, information relating to his/her education, training, experience and theoretical orientation. With respect to exceptions to confidentiality, for instance, Counselors are generally required to report suspected child abuse or neglect. Some states require the reporting of suspected elder abuse or dependent adult abuse. Additionally, User's Counselor will likely be permitted or required to break confidentiality when User is in such mental or emotional condition as to be a danger to himself or herself or to others. User should check with his/her Therapist or counselor as to the specific limitations to confidentiality that exist in their state. Links to Other Sites The Site contains links to other websites, sometimes called "third party" websites. Provider is not responsible for the content of linked third party sites and does not make any representation, warranty, or endorsement with respect to any content or material or the accuracy of any content or material on such third party websites. Advertisements The Site contains advertisements by third parties. The advertisements may contain links to other websites. Provider does not make any representation, warranty, or endorsement of any product or the content or accuracy of any materials contained in, or linked to, any advertisement on the Site. Servicemarks and Trademarks DrFrankOnline.com and DrFrankOnline.com logos are servicemarks of DrFrankOnline.com. All other servicemarks and trademarks appearing on the Site belong to their respective owners. Notice Provider may give notice to Users by means of a general notice on the Site. User may give notice to Provider by the following means: electronic mail to info@DrFrankOnline.com; or letter telecopied to Provider at the following fax number: (818) 401-0305. Such notice shall be deemed given when received by provider (at any time). Indemnifications User agrees to indemnify and hold harmless Provider from any liability, cause of action, claims and expenses, including reasonable attorney's fees and court costs, related to a violation of this Terms and Conditions Agreement and as a result of any information, material, or content placed on the Site by User. User hereby releases and agrees to hold harmless and indemnify DrFrankOnline.com, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all liability or causes of action and claims of any nature resulting from the acts of mental health professionals accessed through the Site. This Terms and Conditions Agreement set forth herein shall be construed under and governed by the laws of the State of California, and any dispute arising from this Agreement or a breach of this Agreement shall be governed by the laws of the State of California. Merger Clause This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any and all other agreements, communication (written or oral) between Provider and User. Provider may amend this Agreement or impose new conditions at any time by notice from Provider to User as published through the Site. Any use of the Site by User after such notice shall be deemed to constitute acceptance by User of such amendments, modifications, or new conditions. It is understood and agreed that if any part, term, or provision of this Agreement is held by a court to be unenforceable, unlawful or in conflict with any law of the State of California, the validity of the remaining terms of this Agreement shall not be altered, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the part, term, or provision held invalid. I ACCEPT DrFrankOnline.com's TERMS AND CONDITIONS (checking this box indicates my acceptance) * PRIVACY POLICY Privacy Policy Our Commitment To Privacy Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested. Overview - HON and ISMHO Standards DrFrankOnline.com complies with the standards set by Health on the Net (HON). The executive management of DrFrankOnline.com are also members of ISMHO. The Information We Collect From Users: This notice applies to all information collected or submitted on the DrFrankOnline.com website. On some pages, you can meet with a licensed psychotherapist and engage in on-line therapy, coaching, counseling services, order products and/or make requests. The types of personal information collected at these pages can include: (1) Username (2) Password /Confirmation (3) First name (4) Middle name (5) Last name (6) E-mail address (7) Date of birth (8) State (9) Gender (10) Phone number (11) Credit/Debit Card Information (12) A psychosocial history Some of this information, excluding bank information, is supplied to any therapist or counselor with which the User enters a relationship. Otherwise, only information necessary to set up an account and payment information is available to the staff of DrFrankOnline.com, and is only accessed for administrative purposes (or at the User's request). You may add or update any of your information at any time. All personal information is otherwise private, and will not be made available to any other User of the Web site, or any other person or entity in general, without the consent of the User. Furthermore, the staff of DrFrankOnline.com will only access User information for administrative purposes. If you are engaging in online therapy with a therapist or counselor, he or she should make you aware of other exceptions to confidentiality such as, but is not limited to, suspected cases of child abuse, dependent adult abuse, elder abuse, and in cases where the client is a danger to self or to others. AT THIS MOMENT, AS YOU READ THIS TEXT, IF YOU ARE CONSIDERING SUICIDE, PLEASE LOG OFF YOUR COMPUTER AND TELEPHONE THE POLICE OR EMERGENCY MEDICAL SERVICES. From Therapists: This notice applies to all information collected or submitted on the DrFrankOnline.com website from psychotherapists providing services on the website. The types of personal information collected from the therapists, primarily on the Therapist's Application Form, can include: (1) First name (2) Middle name (3) Last name (4) E-mail address (5) Date of birth (6) State (7) Gender (8) Phone number (9) Office address (10) Office phone number (11) Liability insurance information (12) Type of license (13) License number (14) Specialties (15) Languages spoken The Way We Use Information: If you are engaging in online therapy, coaching and/or counseling, we will provide the User with your first and last name. The User can also select a Counselor by specialty, gender, location and language. We use your license and malpractice information to verify that you are a valid licensed and insured Counselor in the state in which you reside. We use your Office address, unless you notify us otherwise, to send a payment to you. We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties. We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals. Finally, we do not use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses. Orders We request information from the User on our order form. Here a User must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill a customer's orders. If we have trouble processing an order, this contact information is used to get in touch with the User. Cookies A cookie is a piece of data stored on the User's hard drive containing information about the User. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the User closes their browser, the cookie simply terminates. For instance, by setting a cookie on our site, the User would not have to log in a password more than once, thereby saving time while on our site. If a User rejects the cookie, he or she may still use our site. The only drawback to this is that the User will be limited in some areas of our site. Cookies can also enable us to track and target the interests of our Users to enhance the experience on our site. Log Files We use IP addresses to analyze trends, administer the site, track User's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Sharing We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. We may use an outside shipping company to ship orders, and a credit card processing company to bill Users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. For instance, we might share the personal information you provide with business partners who are acting on our behalf to perform certain functions, such as data analysis, data storage, product shipping. These business partners are contractually obligated to abide by MTN's privacy policies with respect to the use of your personal information, and to destroy any user information in their possession once the services are completed. These parties are not allowed to use personally identifiable information except for the purpose of providing these services. Links This web site contains links to other sites. Please be aware that we, DrFrankOnline.com, are not responsible for the privacy practices of such other sites. We encourage our Users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site. Surveys & Contests From time to time our site requests information from Users via surveys or contests. Participation in these surveys or contests is voluntary and the User therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Security This website takes precautions to protect our Users' information. When Users submit sensitive information via the website, their information is protected both online and off-line. When our Set Up An Account page, order form page or Intake Form asks Users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the quality encryption software, e.g., SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just 'surfing'. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect User-information off-line. All of our Users' information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected. Finally, the servers that we store personally identifiable information on are kept in a secure environment, behind a locked cage. If you have any questions about the security at our website, you can send an email to info@DrFrankOnline.com. Special Offers We send all new members a welcoming email to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter. Site and Service Updates We also send the User site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We communicate via email or phone with the User to provide requested services and in regard to issues relating to their account. How to Access, Correct or Update Your Information At any time, you may later review or update the personal information we have collected online from you by contacting us at: info@DrFrankOnline.com. Choice/Opt-out Users who no longer wish to receive our promotional materials may opt-out of receiving these communications. They do so by replying to unsubscribe in the subject line in the email that they have received or email us directly at info@DrFrankOnline.com. Notification of Changes If we decide to change our privacy policy, we will post those changes on our Homepage so our Users are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify Users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected. Contacting DrFrankOnline.com If you have any questions about DrFrankOnline.com's Privacy Policy, the practices of this Web site, or your dealings with this Web site, you can contact: DrFrankOnline, Inc. 6455 Corbin Ave., Woodland Hills, CA 91367 Email: info@DrFrankOnline.com I ACCEPT DrFrankOnline.com's PRIVACY POLICY (checking this box indicates my acceptance) baud How did you hear about DrFrankOnline.com?: Choose Match.com The Dr. Phil Show Baud E-Zine Newsletter Reverse Magazine Newspaper Magazine Radio Television Internet Search Link from another Website Other
