Last Updated: August 17, 2015
Welcome to MyTherapyJournal.com!
The terms set forth herein constitute an agreement between you and MyTherapyJournal.com, LLC, the operator of the Site ("we" or "us"). This agreement ("Terms of Service") governs your use of the Site, both as a casual visitor and as a member.
As more fully detailed in paragraph 16 below, YOU UNDERSTAND AND AGREE THAT THE INFORMATION CONTAINED IN THIS WEB SITE IS NOT INTENDED NOR IMPLIED TO BE, AND YOU WILL NOT USE IT AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR ANY ADVICE OF A MENTAL HEALTH PROFESSIONAL. ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTH CARE PROVIDER OR PHYSICIAN PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU HAVE REGARDING A HEALTH OR MEDICAL CONDITION. NOTHING CONTAINED IN THIS SERVICE IS INTENDED TO BE OR WILL BE USED BY YOUR FOR MEDICAL DIAGNOSIS OR ANY HEALTH TREATMENT. YOU UNDERSTAND THAT YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING TREATMENT BASED UPON THE INFORMATION CONTAINED IN THIS SERVICE.
CALL 911 FOR AN EMERGENCY.THIS WEB SITE DOES NOT PROVIDE MEDICAL ADVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
We are not providing medical advice, diagnosis or treatment, or advice about what providers to use. The Site is an informational resource for you, and we hope a valuable one, but decisions about the best lifestyle choices and medical treatments for you should be made in consultation with your personal health care providers, whom you choose based on your own needs. Although this Web site allows you identify seven specific mental processes (depression, anxiety, substance abuse, ADD, panic disorder, mania, obsessive compulsive disorder) and track/monitor your level of progress with them, please be aware that this is in no manner a diagnostic tool. As such, we strongly advise that no self-diagnosis be made on the basis of this Web site, nor that it replaces your opportunity to consult a mental health worker (e.g., psychologist, psychiatrist, councilor). Also be advised that although the DSM-IV was implemented to develop the tracking/monitoring questions you use, the questions themselves are not intended to provide you with a DSM-IV diagnostic impression.
As with any Web site that provides tools and information, there are rules about what you can and cannot do and what we will and will not do and what promises we do and do not make to you. Those are included in our Terms of Service. Please read them carefully because we want to be sure you understand and accept them before you use or register for this Site.
Further, you understand and agree that the Service and any content or information contained on or provided by the Service is provided on an “AS IS” basis. We do not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or no infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service or any merchandise information or service provided, except as may be expressly specified. We do not warrant the accuracy completeness or correctness, timeliness, or usefulness of any services or other information provided through the use of the Web site or Internet generally. In no event will we be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the Service.
1. About the Site
Health related information changes quickly. Therefore, it is always best to confirm information with your health care professional.
2. Changes to These Terms of Service
We may modify this Agreement at any time, as we deem appropriate and such and such modifications shall be effective immediately upon posting the modified Agreement. We encourage you to review the Terms of Service regularly. You agree to review the Agreement periodically to be aware of such modifications, and your accessing or using the Web site constitutes you acceptance of the Agreement as it appears at the time of your access or use.
In order to register to become a member of this Web site, you will provide some basic information to us about yourself, such as your email address and your date of birth. During registration you will provide an e-mail address and create a password. These are your credentials for accessing Services that are only available to members ("Credentials"). You will also select a screen name that will be your "nickname" on the Site. You may not use a screen name that is vulgar, attempts to impersonate another person, or violates the rights of others.
4. Your Personal Information
5. Your Responsibilities
You are responsible for all use of the Site and Services using your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may notify us by by e-mail at firstname.lastname@example.org. You may use the Site and Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and Services. You may not attempt to gain unauthorized access to any Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service. Although we will not be liable for your losses caused by any unauthorized use of your credentials or account, you may be liable for the losses of MyTherapyJournal.com or others due to such unauthorized use.
6. Limitation on Use of Automated Tools
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” “scrapers” or other automated means that access the Site or Services for any purpose without our express written permission, except that you may use Standard for Robot Exclusion (SRE) -compliant robots ("robots") provided that when connecting to the Site, prior to downloading or indexing any pages on the Site, such robots will immediately visit http://www.mytherapyjournal.com/robots.txt ("the robots.txt file"). You understand that the robots.txt file is the only means by which robots are authorized to access the Site. You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of your access to the Site, deactivation or deletion of your registration and all related information and files you have stored, and preclusion of any further access to such files or the Site.
7. Changes to the Services
We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms of Service.
8. Links to Other Sites
The Site may include links to other Web sites which are not under the control of MyTherapyJournal.com, and we do not assume any responsibility or liability for any communications or materials available at such linked sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. We do not intend links on this Web site to be referrals or endorsements of the linked entities, and are provided for convenience only. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
9. Additional Terms
Certain Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Service. If you choose to register for or access any such Service, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
10. No Spam
You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your Credentials violates these provisions.
11. Content You Post or Submit
We are pleased to receive feedback, comments and ideas from you on this Site, Services or Web site and want you to understand that any information that you submit through this Web site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Statement). If you transmit or send any ideas, information, concepts, techniques or materials to us through this Web site, you grant us an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute them in any medium, and agree that we are fee to use them for any purpose, without limitation, and that we will own all intellectual property that we create based upon or incorporating your feedback.
12. Your Use of Content
All of the Content available on or through the Services and/or the Site is owned by us, our suppliers, and our contributors, and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties, and also may have security components that protect digital information. We give you permission to use the Content for personal, non-commercial purposes only. You may not circumvent these built-in usage rules. You may also print, e-mail, and save information for your own convenience, but you may not distribute, republish (except as permitted in this paragraph), sell, mine, exploit, frame or scrape any of the Content, or exploit the Content for commercial gain.
13. Important Information about Specific Services
PERSONAL INFORMATION (included in the online journal and progress graph tools)
Our tools allow you to store your life related information in one place. It can help you keep track of this information in a convenient way and more easily share it with your health care providers, friends, family members, and caregivers. The accuracy, integrity and completeness of the health information you enter – or that you allow others such as your doctor or insurer to enter – into your journal and progress graph is your responsibility, and we assume no liability for it. We also are not liable for any use or misuse of information transmitted or received by a third party you have authorized to access or use your online journal or progress graph.
The tools on the Site including the online journal and progress graph are information tools, intended for educational and informational purposes only. Neither we nor our suppliers provide medical advice or diagnoses. You should not make medical, lifestyle, treatment, or other health care decisions based solely on these tools. The tools should be used in combination with the advice of your health care providers. Always seek the advice of a qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you find in our tools. Keep in mind that the tools are dependent upon the accuracy and completeness of the information you enter. Some of the questions in certain tools can only be answered accurately by a qualified health care provider capable of making the necessary assessment; these questions are specifically marked on appropriate screens. All the questions must be answered fully and completely in order for these tools to be used properly and responsibly. You are solely responsible for any decisions or actions you take based on the information in these tools.
14. International Use
The Site and Services, including the information provided on the Site, are designed for and intended for users in the United States. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
15. We Make No Warranties
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE AND OUR SUPPLIERS ALSO DO NOT GUARANTEE THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION. NO ORAL OR WRITTEN INFORMATION GIVEN BY A MYTHERAPYJORNAL.COM REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Site and the Services at your own risk.
16. We Do Not Provide Medical Advice
THIS SITE AND THE SERVICES OFFER HEALTH AND WELL-BEING INFORMATION, BUT ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL INFORMATION THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED IN THIS SITE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. Your access or use of this Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our suppliers. We do not recommend or endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Site. If you rely on any of the information provided by this Site, its employees, or its guests or visitors, you do so solely at your own risk.
17. General Limitation of Liability
Under no circumstances shall we or any other party (including but not limited to our suppliers or parents) involved in creating, producing or distributing our Web site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) any delay, failure, interruption or corruption of our Web site or any data or information transmitted in connection with the use of this Web site. (ii) personal injury or death caused by your use or misuse of our Web site, (iii) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our Web site (iv) unauthorized access to or alteration of your transmissions or data, (v) statements or conduct of any third party on our Web site, or (vi) any other matter relating to our Web site. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through our Web site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
NOTWITHSTANDING THE ABOVE, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER WITH US OR OUR SUPPLIERS OR PARENTS SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU, IF ANY, DURING THE PRIOR SIX MONTHS OF FOR THE SPECIFIC SERVICE AT ISSUE.
18. Personal Information Limitation of Liability
MYTHERAPYJOURNAL.COM HEREBY DISCLAIMS ANY LIABILITY TO YOU, THE USERS OF YOUR PERSONAL INFORMATION, OR ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE YOUR PERSONAL INFORMATION, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF SUCH PERSONAL INFORMATION UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO THOSE ARISING OUT OF THE USE OF THE PERSONAL HEALTH RECORD SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE PERSONAL HEALTH RECORD SERVICE.
Further, you agree that we shall not be liable to you or any third-party for any termination of your access to our Web site.
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from and against all liabilities, claims, demands actions judgments, losses and expenses, including, without limitation, costs, expenses and attorney's fees, that arise from your use or misuse of the Site and the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
21. Electronic Contracting and Notices
Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
22. SITE UPTIME AND DOWNTIME.
While we will make every effort to keep the site accessible, you agree not to hold us liable for any downtime or inaccuracy that may occur. We have many systems in place to ensure that MyTherapyJournal.com is always at your disposal, but we cannot guarantee that it will always be accessible, timely or accurate. You agree that under no circumstances will MyTherapyJournal.com be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, but not limited to: Internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, terrorism, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, hacks or denial of service attacks, or loss of or fluctuations in heat, light or air conditioning.
23. INTELLECTUAL PROPERTY RIGHTS.
You agree that you have no license or right to use MyTherapyJournal.com and its licensors' trademarks, copyrights, patents, trade secrets, Content and other intellectual property rights (collectively, "Intellectual Property"), except while logged in as an authorized member of the Site, and then only in connection with your use of the Site. You may print out one copy or e-mail any page of the Site for your personal, non-commercial use, but any other use or distribution is prohibited. You agree to retain on such printouts any trademark, copyright or other notice that appears on that page as is displays when using the Site.
The Intellectual Property is protected under both United States and foreign laws. Title to the Intellectual Property remains with MyTherapyJournal.com or its licensors. You will not infringe upon, misappropriate, reverse engineer, data mine, resell, or misuse MyTherapyJournal.com Intellectual Property. The Intellectual Property may not be used in connection with any product or service that is not MyTherapyJournal.com or in any manner that disparages or discredits MyTherapyJournal.com. Nothing contained in this Site shall be construed as granting, by implication, estoppel or otherwise, any license to use MyTherapyJournal.com Intellectual Property in connection with any product, service, publication or web site of you or any third party without our express written permission.
If you violate any of these provisions regarding MyTherapyJournal.com Intellectual Property, your permission to use the Intellectual Property automatically terminates and you must immediately destroy any copies you have made of any portion of the Intellectual Property. You agree that because of the unique nature of the Site and its Content, and the proprietary rights of MyTherapyJournal.com, your breach of these provisions would irreparably harm MyTherapyJournal.com or its licensors and those monetary damages would be inadequate compensation. You further agree that MyTherapyJournal.com shall be entitled to, in addition to any other damages, preliminary and permanent injunctive relief to enforce these provisions and you hereby waive the objection in such case to an adequate remedy at law.
24. Entire Agreement
This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
25. Choice of Law and Location for Resolving Disputes
You agree that the law of the Southern District of Florida governs this contract and any claim or dispute that you may have against us or our suppliers, without regard to the District’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved by a court located in the Southern District of Florida. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE SOUTHERN DISTRICT OF FLORIDA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE OR THE AGREEMENT; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE SOUTHERN DISTRICT OF FLORIDA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to any one else.
27. Procedures for Making Claims of Copyright Infringement
We respect the intellectual property of others, and we ask our suppliers and those posting to this Site to do the same. If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Web site where it is posted or the name of the book in which it has been published.
4. Identification of the URL or other specific location on this Site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
5. Your name, address, telephone number, and email address so that we may contact you.
6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
7. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on this Site can be reached as follows: By e-mail:
This contact information is only for reporting copyright infringement. Please see the Contact Us section for contact information for other topics.
All trademarks appearing on the Services are the property of their respective owners, including, without limitation, MyTherapyJournal.com, LLC. No right, license or interest to such trademarks is granted by this Agreement.