Terms of Use
A Legal Disclaimer
These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Humanistic Therapy NW, LLC (“HTNW”) and our affiliates (collectively, “we” or “us” or “our”), concerning your access to and use of the [URL] and the Collective Health NW Listserv as well as any other media form or media channel related or connected Collective Health NW (collectively, the “Listserv”).
Changes to the Terms of Use.​ We may change these Terms from time to time in our sole discretion. All changes are effective immediately after we post them. You agree that you will periodically check the Listserv for updates to these Terms and you will read the messages we send you to inform you of any changes. Additionally, modifications made to these Terms applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.
Permitted Users. The Listserv is available only to professional mental health care providers who are licensed in Oregon or Washington. Pre-licensed providers working towards full licensure, such as registered associates, are welcome. All others are prohibited from using the Listserv. Notwithstanding any other provision of these Terms, we reserve the right to grant or deny access to the Listserv to anyone, at any time, for any reason, in our sole discretion.
Geographic Restrictions. The Listserv provides resources for mental health care providers practicing in Oregon and Washington and is hosted in the United States. We make no representation that the Listserv is appropriate or available in other locations. The information provided on the Listserv is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. If you choose to access the Listserv from other locations, you do so on your own initiative and you are solely responsible for compliance with local laws.
User Contributions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Listserv ("User Contributions") provided by you to us are exclusively owned by us, and you hereby assign to us all right, title and interest in such Contributions, including all intellectual property rights therein.
User Contributions must, in their entirety, comply with all Rules and all applicable federal, state, local, and international laws and regulations, including HIPAA. In particular, User Contributions must not:
(a) Seek referrals for clients on behalf of yourself or your practice;
(b) Discuss fees, employee benefits, or other commercial factors;
(c) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
(d) Violate the legal rights of others, including the rights of privacy, publicity, and all intellectual property rights, or promote any illegal activity, or advocate, promote or assist any unlawful act;
(e) Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
(f) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
(g) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Prohibited Uses. You may not access or use the Listserv for any other purpose other than that for which we make it available. The Listserv is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Prohibited activity includes, but is not limited to: (a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets; (b) advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by HTNW ; (c) systematic retrieval of data or other content from the Listserv to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from HTNW; (d) making any unauthorized use of the Listserv, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (e) disguising the origin of any information or inquiry transmitted through the Listserv or using tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the website; (f) engaging in unauthorized framing of or linking to the Listserv; (g) using any information obtained from the Listserv in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; (h) tricking, defrauding or misleading HTNW and other users; (i) making improper use of HTNW’s support services or submitting false reports of abuse or misconduct; (j) engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools; (k) interfering with, disrupting, or creating an undue burden on the Listserv or the networks or services connected to the Listserv; (l) attempting to impersonate another person by using their name and information to request services through the Listserv; (m) selling or otherwise transferring your profile; (n) using any information obtained from the Listserv in order to harass, abuse, or harm another person; (o) using the Listserv as part of any effort to compete with HTNW or to provide services as a service bureau; (p) deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Listserv; (q) attempting to bypass any measures of the Listserv designed to prevent or restrict access to the Listserv, or any portion of the Listserv; (r) harassing, annoying, intimidating or threatening any HTNW employees or agents engaged in providing any services to you; (s) displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Listserv on behalf of that person, such as posting blogs or bulletins with a commercial purpose; (t) deleting the copyright or other proprietary rights notice from any contribution or HTNW Content; (u) uploading or transmitting (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Listserv or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Listserv; (v) except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Listserv, or using or launching any unauthorized script or other software; (w) disparaging, tarnishing, or otherwise harming, in our sole opinion, HTNW and/or the Listserv; (x) using the Listserv to violate anti-trust laws, including, but not limited to, discussing your fees or rates with other providers, discussing your rates negotiated with insurance companies with other providers, discussing anything regarding rates with other providers including comparing percentages dropped from one panel or another, grouping together or colluding with someone else to the fact that you or others should leave a panel based on rates, or conspiring to fix prices or
boycott insurance companies collectively; and (y) using the Listserv in a manner inconsistent with any and all applicable laws and regulations.
User Representations. By using the Listserv, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information (c) you are not a minor; and (d) your use of the Listserv does not violate any applicable law or regulation. You also agree to: (e) provide true, accurate, current and complete information about yourself if prompted by the Listserv’s registration form; and (f) maintain and promptly update any registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Listserv (or any portion thereof).
​​​​​Intellectual Property Rights. The content on the Listserv (“Listserv Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to HTNW and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Listserv Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All HTNW graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of HTNW in the U.S. and/or other countries. HTNW’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of us.
Website Management. HTNW reserves the right but does not have the obligation to: (a) monitor the Listserv for violations of these Terms; (b) take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, reporting such user to law enforcement authorities; (c) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate these Terms or any HTNW policy; and (d) otherwise manage the Listserv in a manner designed to protect the rights and property of HTNW and others and to facilitate the proper functioning of the Listserv.
​​Privacy Policy. We care about the privacy of our users. Please review our Privacy Policy here. By using the Listserv, you are consenting to the terms of Privacy Policy and to the transfer and processing of your personal data transferred in the United States.
Term and Termination. This Agreement shall remain in full force and effect while you use the Listserv or are otherwise a user or member of the Listserv, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE LISTSERV, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE LISTSERV, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. In order to protect the integrity of the Listserv, we reserve the right at any time in its sole discretion to block certain IP addresses from accessing the Listserv. Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes. YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF HTNW’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, EMAIL US USING THE CONTACT INFORMATION LISTED IN THESE TERMS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
HTNW’s Right to Terminate Access. HTNW may terminate or suspend these Terms and your use of the Listserv, in whole or in part, at any time, for any reason, without cause and without prior notice. Any obligations or liabilities you incur before your use of the Listserv is suspended or terminated shall survive termination of these Terms.
Corrections. Occasionally there may be information on the Listserv that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
​Disclaimers. YOU AGREE THAT YOUR USE OF THE LISTSERV WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HTNW, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE LISTSERV AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HTNW MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE LISTSERV’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS LISTSERV AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR LISTSERV; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE LISTSERV; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE LISTSERV BY ANY THIRD PARTY, AND/OR; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LISTSERV. HTNW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LISTSERV OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HTNW WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability. IN NO EVENT SHALL HTNW OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE LISTSERV, EVEN IF HTNW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HTNW’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $30. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Indemnity. You agree to defend, indemnify and hold HTNW, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributions, use of the Listserv, and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, HTNW reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify HTNW, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Disputes. All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Listserv shall be governed and construed by the law of the United States, excluding applicable conflicts of law rules. Any legal action of whatever nature by or against HTNW arising out of or related in any respect to this Listserv shall be brought solely in either the applicable federal or state courts located in Oregon or Washington ; subject, however, to the right of HTNW, in our sole discretion, to bring an action to seek injunctive relief to enforce these Terms or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from these Terms. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms. In no event shall any claim, action or proceeding by you related in any way to the Listserv (including your visit to or use of the Listserv) be instituted more than two (2) years after the cause of action arose.
Notices. Except as explicitly stated otherwise, any notices given to HTNW shall be given by email to the address set forth below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.
Miscellaneous. This Agreement constitutes the entire agreement between you and HTNW regarding the use of the Listserv. The failure of us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. HTNW may assign any or all of its rights and obligations to others at any time. HTNW shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond HTNW’s reasonable control. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. Upon our request, you will furnish us any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Contact HTNW. To resolve a complaint regarding the Listserv or to receive further information regarding use of the Listserv: jkiilsgaard@humanistictherapynw.com
DMCA Notice Regarding Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Listserv infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at https://www.copyright.gov/dmca.
HTNW has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to:
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Copyright Manager, HTNW
1455 NW Leary Way, Suite 400
Seattle, WA 98107
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Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.