Terms and Conditions of Use

Welcome to the Agora Mental Health Network^® (AgoraMHN). These Terms of Service apply only to subscribing mental health professionals. Our service is dedicated to help you market your professional services in the evolving healthcare marketplace. Our unique approach, and therefore the features of this service, reflect our understanding of how today’s consumers actually choose mental health practitioners, not just find them. AgoraMHN also serves consumers interested in mental health treatment and other third-parties who commonly refer people for treatment. So, once you take full advantage our modern marketplace and the many unique features of the service we expect that AgoraMHN will become your marketing hub online as you grow a more profitable practice.

These TOS represent an agreement between you, the “Member” (or "you"), and Agora Mental Health Network, LLC, (doing business as AgoraMHN), for a subscription (whether paid or unpaid) to the AgoraMHN.com website (“Website”) for any time interval, and/or to place content (written, images, audio, video, etc) on the AgoraMHN.com website henceforth called “The Service” or “services.” If you do not agree to these Terms of Service, please do not become a subscribing Member.

A. By subscribing to The Service:

1. You understand that the Website is an informational site only intended to provide information to the public, and tools to you to help you market your professional practice. We do not act as medical professionals. We are not an enforcement body and do not regulate the clinical practice of any professional listed on our site. We advertise for mental health professionals, and help you to connect with potential clients, referring agencies, and other professionals. You agree to indemnify, defend, and hold us harmless with respect to your breach of these Terms of Service or any claims made against AgoraMHN by any third party with respect to the professional services provided by you.

2. 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.

3. You represent that you are licensed by, and in good standing with, an officially recognized body that regulates your mental health profession in your state or geographical area, and that you hold a minimum master's level degree from an accredited institution in a mental health related field.

4. You agree that your qualifications and credentials are active, accurate and up to date. If there is any change to your credentials and qualifications you agree to contact us within seven (7) days to make the necessary changes in your listing. Members that misrepresent themselves may be removed without notice and without any reimbursement or refund.

5. You agree to carry current professional liability and/or malpractice insurance.

6. You acknowledge that the accuracy of the information in your listing is your responsibility. You are solely responsible for the content of any posting you make to the Website and any consequences arising from such posting. We assume no responsibility for materials posted by our users or any other actions, conduct or omissions of our users. You agree to and accept any and all responsibility for any communication and business you conduct with clients, potential clients, professionals, and anyone else as a result of being profiled at the Website 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, harass, misrepresent, etc. AgoraMHN 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.

7. You agree to publish your standard fee for the service you perform most often.

8. You agree to sit for and/or post a video of yourself in an interview format and answer a standard set of five questions that new clients might ask in order to get to know you better. In the same video, you may also pose and answer additional questions of your choosing to highlight yourself or aspects of your practice.

9. You agree to offer a 10-minute introductory meeting, in person, by telephone or by online video, to prospective clients obtained through AgoraMHN. The cost for the in-person meeting is not to exceed $10. Introductory phone or video calls will be complimentary to prospective clients.

10. You agree to respond within one business day to all AgoraMHN-originated email or telephone inquiries from prospective clients or third-party referrers.

B. Subscriptions (or Membership)

By completing the first page of our signup 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 without your expressed permission except as required by law. The “opt-in” is only to receive emails from AgoraMHN (ie. web site contact form or AgoraMHN.com web site administrator)

Payment for The Service is a subscription made in advance for the selected duration and plan for a one-year period, unless otherwise separately negotiated. Subscriptions automatically renew unless cancelled. You authorize AgoraMHN to automatically charge the subscription fee to your credit card during the course of membership. Subscription fees are subject to change at the time of of renewal. If a Member’s credit card is declined during automatic renewal, AgoraMHN will make efforts to contact the Member by telephone or email to obtain a replacement credit card. If a Member’s account remains unpaid for 30 days beyond the date of the initial decline of the renewal, the account will be suspended and Member’s profile will be removed from the Website. If a Member’s account is unpaid for more than 30 days, AgoraMHN reserves the right to hire a third-party collection agency to collect past due balances.

The Service can be terminated at any time by either party for any reason whatsoever. It is The Member’s responsibility to ensure notification of cancellation was received. If The Service is terminated by either party before the term of service expires, no refunds or reimbursements for unused time will be issued. If a Member requests to be removed from Website (cancel The Service) it will be done so within a reasonable amount of time. To preserve the integrity and mission of Website, we reserve the right to remove individuals listed without notice for any reason. Members removed due to violations of these Terms of Service may be reinstated, if approved by AgoraMHN, and are subject to a US $50.00 fee to be re-listed. The subscription period will remain unchanged.

 

C. Profiles and Posting of Content

All Members are asked to complete a full profile within 30 days of activation. Profiles include name, practice email, practice phone number, practice address, credentials, education, and other optional information and must be true and current information about you and your practice. You agree that the narratives (e.g., “Practice Philosophy”) you place onto your AgoraMHN profile are your original work and are unique, not duplicated on other websites or therapist listing services. You may link your profile to your own professional web sites. If you have selected the Premium Service, you may also include links to specific web pages where ancillary mental health-related products/services may be promoted and/or sold (such as books, seminars or courses, etc.). Such links are subject to review and approval.

One feature of The Service, and a required part of your profile, is a video of you responding to a brief set of five (5) standard questions and up to five (5) more optional questions of your choosing. (click here for the list of video questions.) You can record this interview on your own. Alternately, AgoraMHN may, but is not required to, arrange to have this interview videotaped for you (at no charge) in your office or another location conducive to recording the interview.

All photos, biographical content, and any other content submitted by the Member for posting on Website are subject to approval. All content must pertain to your profession and/or your practice and remain within the scope of your professional license. AgoraMHN may request changes be made to listing content if it deems that such content is contrary to AgoraMHN's overall mission, scope, and theme.

AgoraMHN reserves the right to modify a Member’s profile narrative, text, and other content the Member has submitted in order to correct spelling or grammatical errors, with or without notice to the Member. To avoid running afoul of search engine guidelines, AgoraMHN reserves the right to “no-index” aspects of the Member’s submitted content, at its sole discretion, that may contain a substantial level of text that is duplicated or copied from other websites.

AgoraMHN does not undertake responsibility for screening or monitoring Members’ materials. Use of profanity, derogatory terminology, harassment, or language that is in opposition to AgoraMHN’s values and mission, in profiles, videos or blog entries is prohibited and AgoraMHN reserves the right to apply filters to Member’s profiles to censor content it deems inappropriate. Additionally, use of harassment, profanity, or hostility to any staff of AgoraMHN that displays a willful intent to harm AgoraMHN may result in the Member’s account being terminated without refund.

D. Content Submission Policy for Website.

By submitting any content for publishing on AgoraMHN, the Member agrees to AgoraMHN’s content submission policy.

At any time, a Member may add, update, edit, delete or retract content that will appear inside a Member’s professional profile.

As a member of AgoraMHN, a Member has the opportunity to publish creative work on the AgoraMHN Website in the form of blog entries, short videos, announcements, and articles, without prior approval. Members who choose to contribute their own creative work to AgoraMHN agree that while AgoraMHN does not claim ownership of content submitted to the service, Members grant AgoraMHN perpetual, irrevocable, and royalty-free license to all content that is posted. You should assume that the content that is posted may appear elswehere on AgoraMHN.com (outside of the Member’s profile page) and is permanent and cannot be retracted.

Members are responsible for the legality of all written content, images, audio, and video ("content") submitted to AgoraMHN. Members agree they are the original authors or creators of the content, or are the sole-copyright holders of the content, or that the content is public domain, and that the content, in being posted on the Website, is not in violation of any laws. If a Member has hired a ghostwriter, the Member agrees he/she has exclusive rights to each article and all such content submitted. AgoraMHN has the right, but not the obligation, to immediately remove any content that it deems to be in opposition to the AgoraMHN mission or values or that is offensive, derogatory, defamatory, inaccurate, or in violation of law, and Members who submit illegal content are subject to applicable laws, including termination of services without refund. Content submitted to AgoraMHN may be freely used in advertising, promotions, or used in any other manner AgoraMHN chooses. AgoraMHN does not have the right to sell a Member’s work directly for profit. Members will not be paid for submitting articles or content to AgoraMHN. Members will retain full and permanent credit for their work and sourced in all instances if it is used by AgoraMHN. If Members submit content for publishing on AgoraMHN, Members agree to not repost or publish the same content with any other website or organization, including the Member’s own website(s), for a period of 180 days after AgoraMHN posts the content live on the Website.

E. Search Results Listing Order

By default, Members are displayed on the search results page in a random order within a specified zip code and, thereafter, by proximity to the users specified location. Incomplete profiles hurt AgoraMHN’s mission, and result in potential users leaving the site. Therefore, incomplete profiles may be relegated to the very bottom of the search results page, beneath all members, until the profile is completed. An incomplete profile is unlikely to acquire clients through The Service.

F. Abuse

Contact Form
Misuse or abuse of Website via Therapist contact form (“Send Private Message”) may result in account termination. Contact forms are meant for people seeking professional services, or to make an initial contact to another professional for the purpose of making a referral. Misusing the “Send Private Message” form lowers the quality of our services to our users and fellow subscribers. Contact forms are meant for prospective client contacts only, and not meant to spam or solicit services. Using contact forms to send messages of any number to other professionals that have intent to harm an individual, harm or discredit another professional, or harm or discredit AgoraMHN or its staff may result in account termination without refund. Attempts at malicious server attacks or hacking other accounts may be prosecuted under the law.

No SPAM Permitted

You may not use the Service in any way (directly or indirectly) to send, transmit, distribute or deliver: 1) unsolicited email ("spam" ) in violation of the CAN-SPAM Act or other laws, 2) email to an address obtained via Internet harvesting methods (“scraping”), or 3) email without accurate opt-out notifications.

Prohibited Email Content and Formatting

Email that is caused to be sent through the Service may not 1) employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path, 2) contain false or misleading information, including in the subject line or body of the message or 3) use our trademark(s), tagline(s), or logo(s) without our prior written consent.

Email Opt-out Requirements

You warrant that each email you send through the AgoraMHN Service will contain: 1) header information that is not false or misleading; and (b) a statement that the recipient may unsubscribe or opt-out and how the recipient can notify you that it wants to unsubscribe or opt-out. You agree that you will promptly comply with all opt-out, unsubscribe, "do not call" and "do not send" requests.

 

G. Website Operations

On occasion, the 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 Service, 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.

H. Limitations of Liability

In no event, including, without limitation, negligence, shall Agora Mental Health Network, LLC, Website, 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 AgoraMHN's services.

I. Refund Policy

No refunds or credits are granted for any reason after purchase. You agree that Agora Mental Health Network, LLC is not responsible for any secondary costs incurred by you for the production of stationary, business cards, etc, as it relates to your profile or changes to your profile (including cancellation of the service) and changes to services on the Website.

J. Privacy and Personal Risk

During the registration process, you will choose an email and password to access your account and edit your profile. You agree to be responsible for ensuring the confidentiality of the password and responsible for all activities performed under your password or account. You agree to immediately notify AgoraMHN of unauthorized use of your password or account.

You accept all risks associated with posting personal information, including your email address, phone number, and photo, and other information on the Website. You release all liability from Agora Mental Health Network, LLC, AgoraMHN 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 accept responsibility for this risk and you release AgoraMHN 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 AgoraMHN Website.

K. Marketing of Content

Being listed on AgoraMHN may mean your listing and profile may show up on other sites, including search engines, or another website altogether. AgoraMHN 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. AgoraMHN 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 Member’s profiles on that website.

L. E-mail

Website uses email as its primary mechanism of communication. It is your responsibility to ensure your email address with Website is current. You agree that by signing up, Website may send out periodical emails from time to time as part of The Service. AgoraMHN will not release your email address to any third party without your express permission except as required by law.

The “send private message” button on every Member’s profile page enables Website users to forward a message directly to the Member’s email address, via an email relay function. The content of any message sent to you via that route can be read (and replied to) using your own email service. A read-only version of the message sent to you will also be stored in your Dashboard until you delete it.

Members should note that such email sent through this functionality is NOT encrypted, nor designed to satisfy HIPAA Privacy and Security rules. As always, it is the Member’s responsibility to understand and conduct all communication with the Privacy and Security rules in mind.

M. Feedback messages

AgoraMHN will periodically send announcements and administrative messages to the email address you provide. The goal of these messages is to help you get the most out of the Service and to encourage you to take full advantage of the many features that will help you to grow your practice and your profits. These messages are considered to be a critical part of the Service and Members will not be able to opt out of receiving these.

 

Changes to This Document

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

-Agora Mental Health Network, LLC (doing business as "AgoraMHN")

Updated September 2015