Northern California CBT Network Terms of Use

 

Effective Date:  August 1, 2018

 

IMPORTANT:  PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

 

  1.  Description of Services and Acceptance of Terms

NCCBT Network provides an online service through the nccbt.net website (the “Site”) for users (“user”, or “you”) to support professional networking and the exchange of information and education amongst mental health clinicians, researchers and trainees in the field of Cognitive-Behavioral Therapy (“CBT”), including through events and materials such as the Forum/Listserv and Clinical Directory (the “Services”).  

 

These Terms of Use (the “Terms”) are between you and The Northern California CBT Network, an unincorporated association created under the laws of the State of California (“NCCBT Network”, “we”, or “us”), and describe the terms and conditions that govern your use of the Site.  The Terms apply to your use of all or part of the Site, and any other site or online service where these Terms are posted.  By using the Site, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree with these Terms, do not use the NCCBT Network Site.

 

1.1  Modification

From time to time NCCBT Network may need to make changes to these Terms and we encourage you to review these Terms regularly.  Any changes or modifications will be effective immediately upon posting the revisions to the Site. Your continued use of the Site means that you accept all modified Terms.  If material changes to these Terms are made, we will notify you by posting a notice on the Site, or by sending you notice by email.

 

  1.  Use of Services

2.1  About Our Services

NCCBT Network supports local clinicians, researchers and student-trainees in the Cognitive-Behavioral Therapy field (“CBT Professionals”).  We facilitate an online community where CBT Professionals can connect and communicate with one another.  While some features of our Site are accessible to all Site visitors, some portions of our Site and some Services, such as the Clinical Directory and Forum/Listserv, are only accessible to NCCBT Network Members, as described below.

 

2.2  Communications From NCCBT Network

When you contact us, provide your contact information to us, or sign up for Membership, you agree to receive communications from us, including via postal mail, e-mail, and telephone call.  Communications from NCCBT Network may include but are not limited to, communications about your Membership, use of the Site or Services, or updates regarding new or existing features of the Site or Services.  

 

2.3  Age Restriction

You must be 18 years or older to use the Site and to sign up for Membership.  

 

2.4  Membership

Eligible CBT Professionals may become a “Member” of NCCBT Network by submitting an application and any then applicable fee (“Membership”).  Membership enables access to and use of certain functionalities of the Site and/or Services which are only available to Members (“Member Services”).  Members may log into their account via the Site (“Account”) to provide or edit their information and to access Member Services.  Members must pay applicable annual Membership Fees to maintain access to the Member Services.  

 

You understand that Membership does not certify or verify expertise or training in any particular field of study or area of practice including but not limited to, Cognitive-Behavioral Therapy or other psychotherapy.  You further understand and agree that Members of the Northern California CBT Network shall not be deemed voting members within the meaning of California Corporations Code section 18015(b), and only the NCCBT Network Leadership Committee shall have the right to participate in the selection of persons authorized to manage the affairs of NCCBT Network or to participate in the development of policy of NCCBT Network.

 

(a)  Eligibility

To be eligible for Membership you must:  

(1) be at least 18 years of age at time that you register;

(2) be a local clinician, researcher or student-trainee in the CBT field;

(3) agree to the NCCBT Network Membership Mission and Bylaws, ListServ Guidelines and Forum Guidelines incorporated herein by reference; 

(4) have an active valid e-mail address; and

(5) provide a valid method of payment (“Payment Method”).  

The Leadership Committee, in its sole discretion, reserves the right to accept or reject applications for Membership which do not meet these conditions.

 

2.5  User Responsibilities

When you register, renew or provide any information in connection with your Account or Membership, you agree to provide accurate, current, and complete information, and to promptly update this information to maintain its accuracy.  You further agree that you will not provide any false personal information or create or allow access to your Account for anyone other than yourself without NCCBT Network’s express prior written consent.

 

You are responsible for maintaining the confidentiality of any login information associated with your Account, including any password or username, and you are responsible for all activities that occur under your login information and Account.  You agree to immediately notify NCCBT Network if you suspect any unauthorized use of your login information, Account, or any other breach of security.

 

2.6  Assignment

If you are a Member of NCCBT Network, you may use your Membership, and the Services accessible through it, for yourself.  You may not assign or otherwise transfer your Membership to any other person or entity.

 

  1.  Confidentiality and Use of Member Services

Members may use the Clinical Database, Forum/Listserv and other Member Services for networking, education and exchange of information between Members.  Use for any other purpose must be approved in advance in writing by the NCCBT Network Leadership Committee. By accessing and using the Clinical Database, Forum/Listserv or other Member Services, you agree to keep all materials confidential.  You further agree not to disseminate or otherwise provide any material obtained from the Members Services to any person not currently an NCCBT Network Member, as defined under this Agreement. Prohibited dissemination includes, but is not limited to, publishing or posting content to other websites or listservs or transmitting content obtained from Member Services to non-Member entities or individuals.  Any non-confidential use must be authorized in writing by the NCCBT Network Leadership Committee.

 

  1.  Membership Fees and Billing

3.1  Membership Fees

Members must annually pay the then applicable fee to maintain Membership (“Membership Fee”).  Membership and payment of applicable Membership Fees is required to access Member Services.  You acknowledge that Accounts associated with overdue unpaid Membership Fees may be terminated, or access to the Membership Services may be restricted or suspended until overdue Membership Fees are paid, in the sole discretion of the Leadership Committee.

 

3.2  Price Changes

We reserve the right to adjust pricing for Membership Fees at any time as we may determine in our sole and absolute discretion.  Except as otherwise expressly provided in these Terms, any price changes affecting your use of the Services will take effect following notice sent to the email address connected to your Account.

 

3.3  Membership Cancellation

You may cancel your Membership at any time by accessing and updating your Account or by contacting NCCBT Network to request cancellation of your Membership.  After you cancel your Membership, you will continue to have access to those Member Services accessible with a Membership until the end of the annual Membership period in which the Membership was cancelled.  When your Membership is cancelled you may continue to access the Site but you will no longer have access to Member Services.

 

3.4  Payment Card Services

We use the services of PayPal, Inc. (“PayPal”), which is a third party service that facilitates payments made through the Site via credit card, debit card, and ACH (Automated Clearing House).  These payment processing services are provided by PayPal and are subject to the PayPal User Agreement. For more information about the PayPal User Agreement, please visit:  https://www.paypal.com/us/webapps/mpp/ua/useragreement-full.

 

By agreeing to these Terms and using the PayPal payment services available through NCCBT Network’s Site, you agree to be bound by the PayPal User Agreement and any modifications which may be made by PayPal.  You further agree that you will provide NCCBT Network accurate and complete information about you and you authorize NCCBT Network to share it and the transaction information related to your use of the payment processing services provided by PayPal.  We assume no liability or responsibility for any payments you may make through this service, and all such payments are non-refundable.

 

3.5  No Refunds

Payments are nonrefundable.  In our sole and absolute discretion, at any time and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (a “Credit”) if we believe it is warranted.  Providing a Credit in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide any Credits in the future, under any circumstance.

 

  1.  Termination

In our sole and absolute discretion, NCCBT Network may prohibit use of the Site or Services, or may restrict, suspend, or terminate the Account associated with any user who violates any provision of these Terms, or who interferes with the operation of the Site.  Such prohibition, restriction, suspension or termination may occur with or without notice to you. If we disable or terminate your Account, you agree not to create another Account without NCCBT Network’s permission. NCCBT Network also reserves the right to seek all remedies available at law and in equity for violation of these Terms.

 

If you believe another user is violating any of these Terms, please notify NCCBT Network.  We reserve the right to investigate any user suspected of violating these Terms and may gather information about that user and/or the complaining party, if any, and examine any material in the Site.  In addition to the foregoing investigation rights, you hereby expressly authorize NCCBT Network to cooperate with: (i) law enforcement authorities in the investigation of suspected criminal violations; and/or (ii) system administrators at other Internet service providers, network or computing facilities and/or any other third party to enforce these Terms or comply with any applicable law.  Such cooperation may include provision of your username, IP address, or other identifying information.

 

  1.  Your Content

The Site or Services, including without limitation the Forum/Listserv, may enable you to post, upload, store, share or sent information, images, text, comments and other information (“Your Content”) via the Site or Services.  You retain all rights to Your Content that you post to the Site or Services.  By making Your Content available through the Site or Services, you hereby grant to NCCBT Network a non-exclusive, transferrable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media.  The rights you grant NCCBT Network in this Section 5 are only for the limited purpose of offering and facilitating the Site and Services. You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant NCCBT Network a license to use Your Content as described in these Terms.

 

  1.  Online Community and Prohibited Content and Activities

While using the Site and Services you are part of a unique online community.  To keep NCCBT Network safe and accessible for all users, you agree to respect the rights of other users of the community, including as described in these Terms.  

 

To protect our users from Prohibited Activity, as described below, we reserve the right to take appropriate actions, including by restricting the frequency of communications a user may send in a certain time period, or reviewing, editing, or removing user content which in our sole and absolute judgment violates any of these Terms.  To protect the integrity of the Site and Services, we reserve the right to block users from certain IP addresses from accessing the Site.

 

6.1  Forum/Listserv

The Forum (formerly known as the Listserv) is a resource to enable Members to communicate with other Members about CBT-oriented questions and discussions.  You understand that the content of the Listserv is user generated and NCCBT Network does not verify or endorse any opinions, views or comments contained therein.  You agree not to use the Listserv for any harassing, defamatory, infringing or other Prohibited Activities, as described below. If you choose to participate in the Listserv, you agree that all communications you post or send in connection with the Listserv will be respectful of other Members.  You may choose not to participate in the Listserv by not using it.

 

6.2  Clinical Directory

The Clinical Directory is a resource to enable Members to connect with other Members for purposes consistent with the mission of the NCCBT Network.  You understand and agree that the Clinical Directory is not provided for the purposes of lead generation or other commercial use and shall not be used for such purposes without the express written consent of the NCCBT Network Leadership Committee.  You further agree not to use the Clinical Directory to send spam or other unsolicited promotional or advertising communications. Notwithstanding any other provision of these Terms, you understand that use of the Clinical Directory to spam, harass, annoy or for unauthorized commercial purposes may result in termination of your Membership or other remedy available at law.

 

6.3  Prohibited Content and Activities

To keep the Site safe and accessible, you agree that you will not use your Account or your Membership to harm NCCBT Network or anyone else, interfere with the Site, or use the Site in a manner that violates the law (“Prohibited Activities”).  Without limiting the foregoing, you shall not:

  • Encourage or facilitate any violation of these Terms.  
  • Engage in any unlawful, misleading, malicious, or discriminatory activity.
  • Post, send, or otherwise communicate content that is harassing, intimidating, bullying, unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, threatening, contains nudity, is hate speech, or incites violence.
  • Create a false identity or Account for the purpose of misleading others.
  • Attempt to register for a new Account if we have terminated your Account.
  • Post or make available content that infringes any copyright, trademark, trade secret, patent, or other intellectual or proprietary right of a third party.
  • Harvest, scrape, or otherwise collect, store, or manipulate any information from the Site, including the personal information of other users without the express prior written consent of such users and of NCCBT Network.
  • Solicit, collect, transmit, store, or disclose any personal information of any third party.
  • Use the Site or Services to disclose the personal information or Protected Health Information of others without their express prior written consent.
  • Use the Site to send spam, direct marketing communications, or any other unsolicited advertising or promotional materials.
  • Otherwise misuse or misappropriate any Site content, including to use, in whole or in part, on any “mirrored,” competitive, or other site.  
  • Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise interfere with any software that is part of the Site.
  • Upload or transmit any software, material, or communication that is harmful to our users’ computers, devices or systems, or that contains a virus.

 

  1.  Background and Verification Checks

You should not rely on the NCCBT Network to verify the existence or status of other Member’s credentials.  Membership in the NCCBT Network does not certify or authenticate any professional credential, background or experience.  Members are solely responsible for obtaining the proper education, certification or license necessary to their practice from the relevant certifying body.  NCCBT Network does not verify or guarantee the existence or status of Member licenses, certifications or other professional backgrounds. Any review by NCCBT Network is limited and should not be taken as complete, accurate, up-to-date or conclusive of any individual’s professional credentials or abilities.  

 

  1.  Independent Contractors

NCCBT Network does not employ Members or any other users of our Site.  You and NCCBT Network (each a “Party”, together, the “Parties”) agree that each Party are independent contractors to the other Party in connection with its use of the Site and in its performance of its obligations under these Terms.  Neither Party will be entitled to, or will attempt to, create or assume any obligation, express or implied, on behalf of the other Party. These Terms will not be interpreted or construed to create an association, joint venture, partnership, or franchise between the Parties or to impose any partnership obligation or similar liability arising therefrom upon either Party.

 

  1.  Intellectual Property

9.1  Trademarks

You acknowledge and agree that all NCCBT Network logos and marks, as well as other proprietary materials depicted in connection with our Site and Services are owned, as between the Parties, solely and exclusively by NCCBT Network, and may not be used commercially by you or any third party without NCCBT Network’s express prior written consent.

 

9.2  Copyright

The content contained in and related to the Site and Services is protected under the copyright laws of the United States and other countries.  You acknowledge that all copyrights and other intellectual property rights related to the Site is owned, as between the Parties, solely and exclusively by NCCBT Network, to the full extent permitted, and are protected, under the United States Copyright Act, international copyright laws, and all other applicable laws.  You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit or in any way use or exploit any NCCBT Network content on the Site without NCCBT Network’s express prior written consent.

 

9.3  Digital Millennium Copyright Act (“DMCA”) Notice

If you believe that your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of infringing material available through the NCCBT Network Site, please notify us by emailing us at martincbt@comcast.net with the subject line “DMCA Takedown Request”.  We will process each notice of alleged infringement that we receive and take appropriate action with applicable intellectual property laws.

 

  1.  Privacy

For information about NCCBT Network’s collection and use of your personal information, please read our Privacy Notice here

 

  1.  Links to External Sites

For your convenience, we may provide links to other third party websites or destinations (“Third Party Sites”).  You should not infer or assume that NCCBT Network operates, controls, or is otherwise connected with these other Third Party Sites.  These Terms do not govern your use of any other website or destination and we will not warn you that you have left the NCCBT Network Site.  When you click on a link within the Site and are redirected to a Third Party Site, you will be subject to the terms and conditions of that other website or destination.  We encourage you to read the terms of use of any other Third Party Site that you visit before you provide any personal information.

 

  1.  Modification To The Site

NCCBT Network reserves the right to modify or discontinue, temporarily or permanently, the Site, Services, or any features or portions thereof without prior notice.  You agree that NCCBT Network will not be liable for any modification, suspension or discontinuance of the Site, Services, or any part thereof.

 

  1.  Contact

If you need assistance or have questions about your Account or Membership, you may contact us at nccbtwebmaster@gmail.com.  You acknowledge that by contacting us we may send you a communication related to your request.

 

  1.  Disclaimer of Warranties; Limitations of Liability; and Indemnification

NCCBT Network provides a place for CBT Professionals to connect and communicate.  As a result, content relating to a particular user is primarily user generated. We do not control or vet user generated content for accuracy nor do we assume any responsibility for the accuracy or reliability of any information provided by users whether on the Site, in materials such as the Clinical Directory or Listserv, or offline.  We may offer certain users the opportunity to verify certain information, such as their email address or phone number, however, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.

 

NCCBT Network is not responsible for the conduct, whether online or offline, of any user of the Site or Services.  We do not assume and expressly disclaim any liability that may result from the use of information that may be provided through NCCBT Network’s Site or Services.  All users, including both Members and non-Members, hereby expressly agree not to hold NCCBT Network, or its members, officers, directors, shareholders, employees, or other affiliates (collectively the “NCCBT Network Parties”) liable for the actions or inactions of any user, or other third party for any information, instruction, advice, or services which originated through NCCBT Network’s Site or Services, and the NCCBT Network Parties expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

 

YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.  THE NCCBT NETWORK SITE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALTIES ASSOCIATED WITH THE SITE ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  NCCBT NETWORK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ERROR-FREE OR RELIABLE. YOU AGREE THAT NCCBT NETWORK IS NOT RESPONSIBLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY THIRD PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS.  BECAUSE THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL NCCBT NETWORK OR ANY OF ITS MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.  BECAUSE THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES OR LIABILITY, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS NCCBT NETWORK OR ANY OF ITS MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, OR EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SITE (INCLUDING YOUR USE OF THE CONTENT).  NCCBT NETWORK RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

 

  1.  Third Party Beneficiary

These Terms specifically are not intended to constitute a third party beneficiary contract and therefore shall not be construed to be for the benefit of any person or entity not a Party hereto, and no such person or entity shall have any claim or right of action under this agreement.

 

  1.  Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California in the United States of America, notwithstanding any conflict of law rules.  Any suit or proceeding arising out of or relating to this Agreement will be brought in the federal or state courts, as applicable, in Contra Costa County, California, and each Party irrevocably submits to the jurisdiction and venue of such courts.

 

  1.  Severability

If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect as if such invalid, illegal, or unenforceable provision had never been included.

 

  1.  Survival

The Parties obligations under sections 3 (Confidentiality), 5 (Your Content), 6 (Online (Community and Prohibited Content and Activities), 9 (Intellectual Property), 17 (Disclaimer of Warranties; Limitations of Liability; Indemnification), 16 (Governing Law and Jurisdiction), and 19 (Miscellaneous) shall survive the expiration or termination of this agreement.

 

  1.  Miscellaneous

These Terms:  (i) are drafted and shall be interpreted in the English language; (ii) shall be construed fairly with no inference drawn against the drafting Party; (iii) use, though strictly for convenience, various titles and headings which shall not affect interpretation of these Terms; (iv) set forth the Parties’ entire agreement and understandings relating to the subject matter herein and merges and supersedes all of the Parties’ prior agreements, writings, commitments, discussions and understandings; (v) and any right or obligation set forth in these Terms can only be amended, modified, or waived in a writing signed by NCCBT Network; and (vii) shall bind (and inure to the benefit of) the Parties, and the Parties’ respective heirs, approved assigns, successors-in-interest, and legal representatives (subject to any and all assignment restrictions set forth herein).  When used in this Agreement, “including” shall be deemed to mean “including, but not limited to,” regardless whether such term is initially capitalized and notwithstanding any conflicting provision of these Terms. YOU EXPRESSLY REPRESENT THAT YOU HAVE: (A) READ AND UNDERSTOOD THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS; (B) INDEPENDENTLY EVALUATED THE DESIRABILITY OF ENTERING INTO THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH HEREIN; AND (C) BEEN AFFORDED THE OPPORTUNITY TO SEEK THE ADVICE OF LEGAL COUNSEL WITH REGARDS TO YOUR RIGHTS AND OBLIGATIONS SET FORTH IN THIS AGREEMENT AND HAVE EITHER SOUGHT OR REFUSED SUCH COUNSEL.