PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
By using the TherapistWill.com website (the "Site") or any TherapistWill applications ("Applications"), or Services (as defined below) provided by TherapistWIll.com you agree to that you are bound by these Terms and Conditions (the "Terms and Conditions"). In these Terms and Conditions, the words "you" and "your" refer to each customer, Site visitor, Service user, or Application user; and "we", "us" and "our" refer to Therapist Esquire, LLC and/or TherapistWill.com, as the context dictates, and "Services" refers to all services we provide. Therapist Esquire, LLC does business as “TherapistWill” and “TherapistWill.com” and each such term shall incorporate the others. The terms “psychotherapist,” “psychologist,” “counselor,” “psychiatrist,” “clinician,” and “therapist” all reference a person who provides professional mental health, counseling, or other similar profssional services; furthermore, said terms shall be used interchangeably and shall reference each other in context.
We may revise any or all of these Terms and Conditions at any time without providing notice to you. Therefore, you agree that you are responsible for reviewing these Terms and Conditions from time to time. Insofar as you disagree with any of these Terms and Conditions, you should refrain from or discontinue use of this Site and/or any Applications.
TherapistWill.com provides an online portal to give visitors a general understanding of their legal and/or ethical obligations and to provide an automated Internet-based solution to individuals who choose to prepare their own document for the purposes of providing continued care to patients or clients in the event of the incapacity or death of a private practice psychotherapist (sometimes called a “professional will”). TherapistWill.com hosts its software as a backend service to assist customers in creating their own professional wills. The Site may include general information and/or links to obtain information on relevant legal and ethical issues as well as relevant practical considerations. TherapistWill.com is not a law firm or a substitute for the professional legal services of a lawyer. At no time does TherapistWill.com provide legal advice, or any services which could be construed as the practice of law.
TherapistWill.com takes efforts to keep its professional wills accurate, current and up-to-date, such as determination of the minimum number of years that clinical files must be maintained before destruction of said documents. However, due to changes in relevant laws and/or ethical standards, TherapistWill.com is unable to guarantee that all of the information on the Site or Applications is entirely up-to-date. You are ultimately responsible for ensuring that your document complies with relevant laws, regulations, edicts, and ethical codes. If you are unsure about the validity or your professional will you should consult the appropriate regulatory body, expert or legal professional.
TherapistWill.com makes no guarantees in connection with the validity of its professional wills. Insofar as any acts associated with the creation, possession, administration, maintenance, or amendment of a professional will can be construed as legal representation, you are and will be representing yourself.
When you open an account to use or access certain portions of the Site, you must provide accurate and complete information as requested. You will also be asked to provide a user name (your email address) and password. You are responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time and you may not allow a third party to use your account, user name or password unless that third party is assisting you in the creation of your own document. You agree to notify Therapist Esquire, LLC, immediately of any unauthorized use of your account, user name or password. Therapist Esquire, LLC, assumes no liability for any losses you incur as a result of someone else's use of your user name, account or password, either with or without your knowledge. You may be held liable for any losses incurred by Therapist Esquire, LLC, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your user name, account, or password.
In connection with the use of certain TherapistWill.com products or services, you may be asked to provide personal information. This information will be protected by TherapistWill.com. By sharing such information with TherapistWill.com, you are requesting that Therapist Esquire LLC use this personal information for the purpose of enabling your use of the applicable service. You may revoke this permissive use and terminate said rights of Therapist Esquire, LLC, at any time by expressly revoking such request. By way of example only, such information could include your credit card number and information attendant to the use of your credit card information, such as the billing address; by providing such information for purposes of continued use of TherapistWill.com’s services, you are permitting the use of such information and by cancelling or revoking the continuation of such services, you are terminating the permissive use of such information.
PERMISSION TO DOWNLOAD
You may download, view, copy and print your TherapistWill.com document(s) (i.e., your professional will) on any single, stand-alone computer solely for your personal, non-commercial use. You may not provide your TherapistWill.com document or any derivatives thereof to any other party for purposes of allowing such parties to copy, modify, or otherwise circumvent said parties’ use of TherapistWill.com services in the manner provided by the Site. In other words, you may download and use and share your professional will as intended (for example by showing the document to your clinical executors), but you may not provide the document to a third party in order for that party to create her/his own professional will based on your Therapist Will. Said permission to download, view, copy and print your TherapistWill.com document(s) shall terminate forthwith without notice in the event you breach any of the terms or conditions of these Terms and Conditions. Upon such termination, you agree to immediately and permanently destroy or delete any downloaded or printed document(s) and any attendant information and materials. Any unauthorized use of any information contained on this Site or Applications may violate copyright laws, trademark laws, and other laws and statutes.
THIRD PARTY LINKS
The Site and Applications may contain links to websites controlled by parties other than Therapist Esquire, LLC (referred to hereinafter as a "Third Party Site"). Therapist Esquire, LLC, may work with partners and affiliates whose websites are linked with TherapistWill.com. For example, without limitation, a Third Party Site may handle credit card transactions in connection with services and/or products you purchase from TherapistWill.com; or TherapistWill.com may provide you with a link for purposes of assisting you in your efforts to learn about your legal and/or ethical obligations in connection with your desire to create a professional will. Therapist Esquire, LLC, is not liable for and does not in any way endorse any Third Party Site, whether such is accessed directly or indirectly or is otherwise express or ancillary to the use of TherapistWill.com or a given Third Party Site. We do not in any way guarantee the content or quality of the products or services provided by such any Third Party Site. We are not liable for any form of communication received from any Third Party Site. By using the Site and the Applications you accept all risks associated with access to and use of content provided on a Third Party Site and agree that Therapist Esquire, LLC, is not liable for any sort of loss or damage which may be incurred by you as a direct or indirect result of dealing with any third party.
USE OF THERAPISTWILL.COM FORMS AND DOCUMENTS
On our Site, and through our Applications, we offer a self-help "fill in the blank" type form. You understand that your purchase, download, and/or- use of a form document is neither legal advice nor the practice of law, and that we do not customize any form, guidance or instructions to your particular needs. By using the Site you acknowledge that you understand that a “personalized” document is not the same as a “custom” document. More specifically, a “personalized” document includes information personal to your professional psychotherapy practice while a “customized” document would include terms that are customized for your particular psychotherapy practice. While TherapistWill.com offers a form which is personalized by virtue of your answers to our questions, such forms are not and cannot be customized, except as reformed by a licensed attorney. To that end, you are permitted to allow an attorney to use your personalized TherapistWill for purposes of creating a living trust or trust amendment, will or codicil, or other similar document.
Therapist Esquire, LLC, grants you a limited, personal, non-exclusive, non-transferable license to use our forms, such as the Therapist Will you produce via the Site (the "Forms"), for your own personal use, or if you are an attorney or other professional, for your client. Except as expressly provided hereinabove, you agree that you have no right to implement the modification, editing, copying, reproduction, creating derivative works of, reverse engineering, altering, enhancing or exploiting in any way the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
NO RESELLING OF FORMS
By ordering or downloading your TherapistWill, you agree that the Forms purchased or downloaded by you may be used solely by you for your personal or business use, or used by you pursuant to your client’s needs and may not be transferred (whether or not in exchange for consideration) or redistributed without the express written consent of Therapist Esquire, LLC,.
Please read this carefully. It affects your rights.
More specifically, we each agree to participate in non-binding mediation to resolve any dispute before arbitration is commenced. If arbitration is necessary, it shall be final and binding. Fact findings by the arbitrator(s) not supported by substantial evidence are beyond the arbitrator’s power, and the arbitrator(s) shall not have the power to commit errors of law or legal reasoning, including errors in the law applicable to damages or remedies. Consequently, the arbitration award may be vacated or corrected on appeal to a court having jurisdiction. Each party shall bear its own costs and fees on appeal.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your right to bring matters to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms and Conditions, you and Therapist Esquire, LLC, are each waiving the right to a jury trial or to participate in a class action lawsuit.
YOU AND THERAPIST ESQUIRE, LLC, AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator(s), will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
The arbitrator(s), and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any and all disputes in connection with the interpretation, applicability, enforceability or formation of this Agreement including, without limitation, any claim that all or any part of this Agreement is void or voidable.
Some TherapistWill.com Services, such as, without limitation, the option of paying an annual fee for enhanced services, may be subject to additional posted guidelines, rules or terms of service/use ("Additional Terms") and your use of such Services is conditioned on your agreement to the Additional Terms. In the event of a conflict between these Terms and Conditions and the Additional Terms, the Additional Terms will govern that Service.
Unless expressly provided otherwise, any provision herein which is deemed unenforceable is severable from the rest of the Agreement.
If we suspect an account is being used by someone who is not authorized by the proper user or if TherapistWill.com suspects that a user is violating its license, TherapistWill.com may temporarily disable that user's access in order to preserve system security. In all such cases, TherapistWill.com will contact the user reasonably expeditiously.
TherapistWill.com reserves the right to refuse service to anyone and to cancel user access at any time.
AS MUCH AS IS LEGALLY PERMITTED, THERAPISTWILL.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THERAPISTWILL.COM DOCUMENTS ARE NOT SPECIFICALLY IDENTIFIED AS A DEFINED TYPE OF LEGAL DOCUMENT PER SE, BECAUSE THE FORMAT AND SUBSTANCE OF DOCUMENTS OFFERED BY THERAPISTWILL.COM IS NOT NECESSARILY OR PRECISELY PRESCRIBED BY LAW IN THE WAY THAT A TRADITIONAL WILL OR TRUST WOULD BE LEGALLY PRESCRIBED.
YOU OBTAIN MATERIALS THROUGH THE USE OF THERAPISTWILL.COM OR APPLICATIONS AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR ENSURING THAT TERMS IN YOUR THERAPISTWILL.COM DOCUMENTS COMPLY WITH RELEVANT LAWS, REGULATIONS, ETHICAL CODES OR OTHER REGULATORY REQUIREMENTS. FURTHER, THERAPISTWILL.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
YOU AGREE TO HOLD THERAPISTWILL.COM AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ANY AND ALL ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES IN CONNECTION WITH ANY EMPLOYMENT OF AN ATTORNEY’S SERVICES), WHETHER IN AN ACTION OF CONTRACT, OR TORT, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IF THERE IS LIABILITY FOUND ON THE PART OF THERAPISTWILL.COM, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, EXCEPT AS ALLOWED PURSUANT TO THE THERAPISTWILL.COM ARBITRATION AGREEMENT, CONTAINED HEREINABOVE, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; PROVIDED THAT IF IN YOUR STATE, THE EXCLUSION OR LIMITATION OF SUCH DAMAGES IS UNLAWFUL, THIS PARTICULAR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. FURTHER, EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO IN ANY WAY MODIFY OR CIRCUMVENT THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 6400, ET SEQ.
When accessing the Site or any Applications, you agree to obey the law and to respect all intellectual property rights of Therapist Esquire, LLC, and any third parties. Your use of Applications, Services, and the Site is at all times governed by and subject to all relevant intellectual property rights, such as, without limitation, copyright and trademark laws.
TherapistWill.com has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Therapist Esquire, LLC, or of a third party or that violate intellectual property rights generally. TherapistWill.com’s policy is to remove such infringing content or materials and investigate such allegations immediately.
CHOICE OF LAW/VENUE
You agree that your rights and obligations in connection with your use of the Site, Applications, or Services are governed by and interpreted in accordance with the laws of the State of California, but not by its choice of law rules. Any disputes arising among or between the parties will be resolved in the appropriate court in Santa Clara County, California regardless of whether the dispute arises under state or federal laws or regulations and without regard to the jurisdiction or venue in which the dispute arose.
All TherapistWill.com design, content, documents, text, graphics, the selection and arrangement thereof, are hereby claimed as Copyright of Therapist Esquire, LLC, with all attendant rights reserved.
TherapistWill.com and TherapistWill are trademarks of Therapist Esquire, LLC, pending registration with the United States Patent and Trademark Office. “They require it. We make it easy.” is also a trademark of Therapist Esquire, LLC. Any unauthorized use of our trademarks, including use of similar terms which may reasonably cause product confusion, is strictly prohibited. We reserve all rights in connection with said trademark claims.
BY USING THERAPIST ESQUIRE, LLC, SERVICES OR ACCESSING THE THERAPISTWILL.COM SITE, SERVICES, OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ASSENT TO THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.