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Welcome to Innovative Professional Solutions, LLC ("IPS, LLC") and its subsidiary, DrFrankOnline.com, the premier mental
health and therapy website. We agree
to introduce you to online therapy, counseling and life coaching services,
both through our Live Help Now feature and our Counselor Gallery, and
to introduce you other information on the site. Online therapy, counseling
and life coaching services are not intended as a substitute for medical
evaluation, treatment or consultation.
IPS, LLC 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 IPS, LLC, DrFrankOnline 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 licensed mental
health counselors.
Services and Conditions of Use
IPS, LLC(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. IPS, LLC 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 IPS, LLC before being granted the right to
use the 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
website. 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. IPS, LLC 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. IPS, LLC
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 counselor'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 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 counselor at any
time and for any reason. Testimonials on this site or the newsletters
published by IPS, LLC should not be considered general to all
mental health professionals, 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 counselor'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 counselor'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. IPS, LLC utilizes SSL encryption for security
and counselor/client communications are not stored in by the Company’s
servers.
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 therapist 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 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
IPS, LLC and IPS, LLC logos are servicemarks of IPS, LLC.
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@ipsco.net; 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 IPS, LLC,
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.
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