Therapy Tools for You Terms Of Service & Privacy Policy
THERAPY TOOLS FOR YOU TERMS OF SERVICE
Welcome to Therapy Tools for You! Live N’ Joy Counseling Services, PC d/b/a Therapy Tools for You referred to in this policy as “Therapy Tools for You”, “TTFY”, “us”, “we”, or “our”) has adopted the following Terms of Service which govern your relationship with us and set out important information about your legal rights (“Terms”).
The Terms are the rules you need to follow when you visit our website at TherapyToolsforYou.com and any affiliated web pages we host (“Site”), any mobile applications (“Apps”), and any other services we offer (together with Site and Apps, our “Services”).
In particular, please take note of Section 10.A of these Terms, which describes what happens in the event of a dispute between you and TTFY, and includes a binding arbitration clause as well as a class action waiver. Please read and review that section carefully as it affects your right to a jury trial and to participate in a class or representative action.
TTFY is an online exchange for therapists and qualified professionals to discover, buy, sell and share their original therapeutic tools and exercises (“Tools”). Tools may include electronically delivered files, digital products, and other product types. TTFY may modify, add, discontinue support for, or limit the availability of any product type. A Tool, together with the Tool title, description, and other listing information make up a “Tool Listing.” TTFY at no time owns or sells Tools for or on behalf of our Providers.
Users of the exchange include members who have registered for a TTFY account and guests who browse the exchange without registering for an Account. Both Guests and Collaborators are collectively our “Users”.
By using our services as a member, Guest, or otherwise, you agree to abide by the these Terms, including the terms of our Limitation of Liability & Warranty Disclaimer, Privacy Policy, Copyright and Trademark Policy, TTFY Community Rules, and Payment, Earnings, & Payout Policy, and any other policies which are incorporated as part of these Terms.
Disclaimer: The Tools available on TTFY do not replace clinical or therapeutic treatment, and are intended to be used by qualified professionals. Professionals who use the tools available on this website should not practice outside of their own areas of competency or use these tools as a replacement for clinical training. These tools are intended to supplement treatment, and are not a replacement for appropriate training.
I. MEMBERSHIP
This section provides information on eligibility for membership in our community, how to create an account, and the types of accounts we offer. To use many of the features of our Services, we require you to become a Collaborator with TTFY. Some Collaborators provide Tools (Providers). Other Collaborators use their accounts only to browse, purchase, and download Tools (Customers), and some do both.
A. COLLABORATOR ELIGIBILITY
Many of our services require that you become a Collaborator. Only persons who are 18 years of age or older are eligible to become Collaborators. Registering for an Account or using our Services is deemed to be an affirmative representation that you are at least 18 years old, and we rely on it.
The information you provide when creating an account must be true and accurate. Do not provide false information, information that violates someone else’s rights, and do not impersonate someone else, or another entity.
In order to verify your Account, we may ask for proof of your age or identity and we may close or suspend access to your Account if you violate this rule or if we are unable to verify your age or identity.
If your account has been closed by TTFY, you are no longer eligible to be a Collaborator of our community.
B. LOGIN INFORMATION
To create an account, you must select a username and password. Your username must be unique to you, and must not be inappropriate, offensive, or violate the rights of others.
To access your account, you must use enter your username and password. Keep your login information secure and private. You are responsible for any and all activity in your account, regardless of whether it was organized or not. If you believe that your Account has been accessed by an unauthorized person, or that unauthorized activity has taken place on your account, please contact us.
C. MEMBERSHIP
Customers. A Collaborator with a Customer membership can use TTFY to purchase and download Tools (“Customer”, “Customer Membership”). A Customer Account is owned by the person whose name and email address are listed on the Account profile. Customers can purchase and download Tools, submit requests for custom products, connect with other Collaborators, or an Organization, and access other features and services we may offer.
Providers. Provider Memberships have additional features, such as the ability to offer and sell Tools through our Services. (“Provider”, “Provider Membership”). Providers include individual Collaborators offering their own self-created works (“Creators”) and organizations or entities offering materials produced by one or more employees or commissioned authors (“Publishers”). TTFY reserves the right to modify your Provider Membership at any time at our discretion. (See “Membership Fees” Section for more information about Provider Memberships.)
Provider Memberships have all the same features as a Customer Memberships, but they include the ability to upload and sell Tools, review sales data, purchase advertising space, utilize marketing options and tools, and access additional information. The tools and features available to a Provider vary depending on the Provider’s selected Membership level.
D. MEMBERSHIP & FEES
Purchases, taxes, and fees. When making purchases on TTFY, you are responsible for paying amounts owed, including any applicable taxes. When you purchase on TTFY, you will be charged (in U.S. Dollars) the listed price for each item, any applicable state and local taxes, as well as any fees connected with your order. By purchasing an item through TTFY, you represent and warrant that the billing information you’ve submitted is correct and not fraudulent. TTFY allows Providers to collect sales tax on orders, where applicable. TTFY is not liable for the information provided by its Providers regarding sales tax, and does not warrant accuracy of a Provider’s represented sales tax calculations.
In addition, as set forth in section 5 below, for states with applicable marketplace facilitator laws, or if in other states TTFY has received permission to collect sales tax (including by having entered into a collection agreement), TTFY will compute, collect, and pay, applicable sales tax. Where sales tax is owing on your order, an estimation of the sales tax will be calculated at the time of purchase, and may differ from the final sales tax amount charged when your order is processed. If sales tax is not collected on your order, you are responsible for paying any applicable taxes, and you may be responsible for filing a use tax return to pay such taxes. TTFY will not be responsible for payment of these sales taxes which may be owed.
Customers. Becoming a Collaborator at the Customer level is free of charge. After paying any fees which may be required, Customers may upgrade their membership to a Provider membership.
Providers. There a multiple Provider Membership options offered by TTFY. The different Provider membership levels have varying features, privileges, Payment Rates, and Fees.
“Fees” include (1) membership subscription fees charged each membership term (“Membership Fees”), and (2) fees charged per Tool sold (“Transaction Fees”).
“Payment Rate” is the percentage of sale proceeds Providers earn for each Tool sold. The Payment Rate for sales made on TTFY is 60% of the list price of the Tool. The Payment Rate is applied to the list price of each separate Tool at the time of its purchase, and is applied before any Transaction Fees or Shipping Charges are added. See Section V. for additional information on Earnings and Payments.
For all memberships for which Membership Fees are applicable, the membership will automatically renew every term unless, and until, the membership is cancelled. You may contact us, or click here for information regarding cancelling your membership.
Changes to the Memberships available from TTFY, the privileges and features of the various Membership levels, as well as the Fees and Payment Rates associated with the Membership levels, may be changed at our discretion, at any time.
Before any increases and Fees or modifications to Payment rates, all affected Users will be notified at the email address registered with the account in accordance with these Terms. Any modifications to Payment Rates will apply to all affected Providers as of the stated effective date, regardless of any individual Provider’s Membership Fee renewal date. Increases in Membership Fees will be applied only to renewals which occur after the change in Payment Rates is effective.
Providers are responsible for any outside fees or costs which may be owed and for paying any applicable income, sales, or other taxes they may be subject to as a result of using our Services.
E. AFFILIATION
These Terms are the whole and entire agreement between you and TTFY, and they govern your relationship with TTFY. Membership with TTFY does not create an agency, employment, or partnership relationship between you and TTFY. TTFY is not the employer of any Collaborator, and does not act as an agent for any Collaborator.
F. ACCOUNT CLOSURE
Closure by TTFY. TTFY reserves the right to close or suspend any TTFY account at our discretion, at any time, for any reason, with our without notice.
Closure by You. Collaborators reserve the right to close their TTFY accounts at any time, without prior notice to TTFY.
Effect of Account Closure. Once a Collaborator closes an account, they will no longer have access to their Account information, previous purchases, uploaded Tools, or other features of TTFY Services for which an account is required. If an Account is closed by a Collaborator, that Collaborator can reopen their Account anytime by logging in to TTFY. In the event that you would like for TTFY to close your account such that it cannot be reopened, please contact us.
When a Provider Account is closed, any Tools posted by such User will no longer be searchable or available to Users. However, users who previously purchased your paid Tools will still have access to those purchases in their TTFY accounts.
Discontinue Services. We may alter, suspend, or terminate our Services at any time. Any suspension or discontinuation in our Services could result in your Account, including any Tools uploaded to TTFY may not be available to you or other Users. We are not liable for the impact of any changes, termination, or discontinuation of our Services may have including the loss of access to any Tools that you’ve purchased, or loss of income from your temporary or permanent inability to sell Tools through our Services.
II. TTFY COMMUNITY
In this section, the rules that govern use of TTFY for all Users will be explained. TTFY is designed to be a shared space for mental health professionals to collaborate and share innovative ways of helping patients through the therapeutic process.
A. COMMUNITY GUIDELINES
All Users are required to follow our Community Rules which are incorporated as part of these Terms. We may change or add to the Community Guidelines at any time, for any reason. If you violate the Community Guidelines, action may be taken against your Account, including removing Content you have posted, removal of Tools from your Account, suspending or terminating your Account, issuing a refund to any Customers, or other actions which may be deemed necessary.
B. MONITORING CONTENT
TTFY has the right, but not the obligation, to review and regulate any activity and Content related to our Services. We may, in our discretion, investigate complaints or reported violations of these Term or our other policies, and in response, take any action that we consider appropriate. Such action may include, but is not limited to, delivering warnings, suspending accounts or terminating membership, denying access, and/or removing Content on the site, including Tool Listings.
III. TOOL LICENSING POLICY
A. IN GENERAL
TTFY Providers maintain ownership of their Tools, and any purchases made on TTFY give Customer certain rights to use purchased Tools for limited purposes, as described in these Terms. This section describes the agreement between Providers and Customers, and lets Customers know what uses are approved for Tools they buy on TTFY, and the different kinds of licenses which may be available.
License. TTFY Providers own and maintain all intellectual property rights in their Tools, and after purchase grant Collaborators licenses to use such Tools for limited use as described in this section. When you purchase a Tool, you’re purchasing a license to use the Tool in accordance with the terms of this Tool Licensing Policy. Tools may only be used in accordance with a license.
Your use of any Tool, regardless of how you acquired the license, is subject to our Tool Licensing Policy and any other applicable rules as set forth in these Terms. You agree to comply with the terms of this Tool Licensing Policy as well as any other terms the Provider provides in the Tool Listing, given that such terms are not contrary to these Terms. In the event of a conflict between this Tool Licensing Policy and a Provider’s terms, this Tool Licensing Policy will govern, excepting that Providers may grant certain additional rights to their Tools.
B. LICENSE TERMS
A Tool License is a license that can only be assigned to a single, particular individual user (“Assignee”) (i.e. one specific, named user) for use only by Assignee during their lifetime. Licenses are non-transferable and may not be used by, or transferred to, a different Assignee (this means, for example, that a therapist who purchases a License can use their purchased Tool, as set forth in these Terms, for his or her lifetime, but cannot transfer, sell, or gift use of such Tool to another therapist after closing their practice.)
Except as set forth in these Terms (such as in the “Limitation on Access” section), when a Customer purchases a Tool, the Provider grants to the Customer, for use by one Assignee, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Tool for the purpose and in the manner in which is described in further detail below. At their individual discretion, a Provider may grant additional rights.
When purchasing a License, the Provider permits you to:
• Designate use of the Tool to one Assignee. Once an Assignee has been selected, the license cannot be used by any other individual or user, but additional licenses may be purchased. For clarity, a License may be purchased for use by the purchaser, as a gift for another person, or as an Organization purchasing on behalf of another. In such cases, a single “transfer” of the Tool to the intended recipient Assignee is allowed, but a License not be transferred from one Assignee to another, and a Tool cannot be shared with others unless additional licenses are purchased for each additional Assignee.
The Provider permits Assignees to:
• Use the Tool for personal or therapeutic uses only (“Personal Use”). This means you can use Tools for your own personal purposes, for your individual therapeutic needs, and to treat persons in therapeutic setting.
• Print and make copies of downloadable Tools as necessary for Personal Use. As necessary, copies may be prepared and provided to your patients, and administrative personnel. Tangible Tools and video resources may not be copied, shared, or otherwise reproduced.
Except with the express consent or permission of the Provider, Customers are prohibited from:
• Utilizing the Tool, in part or in whole, for commercial purposes, other than as described above for treating persons in a therapeutic setting. Commercial purposes includes selling the Tool, using it for advertising or marketing, or using it any other manner for business purposes or to other profitable activity.
• Sharing, posting, distributing, or otherwise making the Tool available on any website or other online platform.
• Sharing, selling, sublicensing, or transferring the Tool to someone else for that person’s use, unless an additional license has be purchased for such person. Each License is allowed use by one individual, named User only.
D. LIMITATION ON ACCESS
Downloadable Tools. TTFY cannot guarantee continuous access to any hosted Tools through our Service.
For example, if at any time or for any reason, TTFY stops hosting a Tool or you or TTFY terminates, suspends, downgrades, or otherwise limits your Account or access to TTFY’s Services, your ability to access the Tool through our Services may be limited or terminated. To ensure access to your downloaded Tools, it is responsibility to maintain and store an outside copy of downloadable Tools on your device.
Digital and Video Tools. If you purchase a license to a Tool which comes in the format of streaming video or other non-downloadable formats, your license will expire if you or TTFY closes your account, or if TTFY stops hosting the Tool for any reason.
IV. INTELLECTUAL PROPERTY
In this section, we will outline which content on TTFY belongs solely to TTFY and is protected as our intellectual property, which content belongs to our Users, and the rights that Users grant to TTFY to use their intellectual property when using the site.
A. THE SERVICES AND THE SITE CONTENT
Except for Content uploaded or posted by Collaborators, all other features of the TTFY and the Apps you find on our Services are owned or controlled by TTFY. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site or Apps (collectively, “Site Assets”). This also includes the design, configuration, coordination, scheme, arrangement, appearance, and the “look and feel” of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights.
You may not use, duplicate, copy, adapt, republish, perform, show, disassemble, reconfigure, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our express authorization. By commercial purpose, it is meant that you are prohibited from selling, licensing, renting, using in a business or website, incorporating into marketing materials or presentations, or making other commercial use of our Site Assets.
B. YOUR CONTENT
Rights you grant to TTFY. Some aspects of our Services allow Users upload or post Content. Users retain any and all intellectual property rights which they hold in such Content. TTFY does not hold or claim to hold ownership in any copyrights, trademark rights, or other applicable intellectual property rights, in your Content.
When Content is posted or uploaded to TTFY, the User grants TTFY the limited right to store, use, display, and provide access to the Content posted, as required to provide our Services, including displaying User’s Tools in their store and in search results, making Tools available for purchase and download, and displaying and promoting User’s Tools through TTFY’s Services, via email, and advertisements on other websites and search engines, or other marketing. For such purposes, you grant to TTFY a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to your Content in order to provide our Services to you and other Users.
Rights you grant to others.
When a Collaborator purchases a License to use a Tool or downloads free Tools from you, the Provider permits them to use their Tool as designated in Section 3 of these Terms above, and in accordance with the license purchased by such Collaborator and any other terms you expressly set forth in writing in connection with such Tools (so long as any additional terms do not conflict with these Terms). As stated, Providers may, at their election and in accordance with these Terms and any other policies set forth by TTFY, grant additional rights to purchasers of your Tools, but they may not enforce limitations on such use that are inconsistent with the rights granted in Section 3.
Effect of account closure or Tool deactivation. If you or TTFY terminates, suspends, or otherwise limits your Account or access to the Services, or downgrades your Account to a Customer Membership, TTFY will no longer show your store page or your Tool Listings, and your Tools will no longer be available for purchase or download by Collaborators who haven’t previously purchased them. If you or TTFY deletes or deactivates a single Tool Listing, that Tool will not be available for purchase or download by Collaborators who have not previously purchased or downloaded the Tool, and the Tool Listing will no longer be displayed in your store or in search results. If your account is terminated, suspended, or otherwise limited, TTFY will continue storing your Tool file on its servers and it will remain available for download by Collaborators who have previously purchased the Tool subject to other limitations set forth in these Terms.
C. REPORTING INTELLECTUAL PROPERTY VIOLATIONS
TTFY respects and values the intellectual property rights of others, and has the same expectations of our Users. Collaborators are prohibited from posting any material, information, data, communication, or anything else which may infringe on the trademark, copyright, or other intellectual property rights of someone else or another entity.
In accordance with our policy and these Terms, TTFY will close the accounts of Collaborator who intentionally or repeatedly violate this Policy.
We obey the Digital Millennium Copyright Act (DMCA) and other laws which govern the use of intellectual property. Our Copyright & Trademark Policy outlines our policy and process for receiving notification and removing potentially infringing material from our Services. That policy is incorporated as part of these Terms.
V. PAYMENT, EARNINGS, & PAYOUTS
In this section, we outline the process for making and receiving payments, the refund policy, and how and when Providers receive payment for the Tools they sell through our Services.
A. PURCHASING TERMS & REFUNDS
Refund Policy. When you offer a Tool for sale or make a purchase on TTFY, you agree to abide by our Refund Policy. Except as described in our Refund Policy, after an order is submitted, all sales are deemed final and nonrefundable. TTFY may, in its sole discretion, amend its Refund Policy, or, in certain circumstances, permit a refund that falls outside of the Refund Policy. TTFY Providers can view a refund in their Sales Details report. Providers may facilitate a full or partial refund by contacting us.
Payment methods and currency. TTFY may offer a number of different payment methods with which to pay for purchases, such as a credit and debit card, PayPal Account, TTFY Account credit, or the available balance on a valid TTFY Gift Card. We accept payments denominated in United States Dollars (USD). Cash payments and payments in other currencies will not be accepted. We may modify or make additions to our accepted payment methods at any time and are not obligated to accept payment by any means other than those accepted at the time of your purchase.
Promise to pay. When you make a purchase on TTFY (including Tools, TTFY Gift Cards, Account credit, Provider Memberships, advertising, marketing, or other services which may be available to Providers, and other products or services we may offer), you represent and warrant that you are authorized to make the purchase and to use the payment method and billing information you’ve provided. You also agree that TTFY is authorized to charge your payment method with the amount due, which will be in U.S. Dollars. TTFY is not responsible for any additional fees which you may be charged by your bank or financial institution, such as international transaction fees or overdraft fees.
Failure to pay and payment disputes. Failure to pay as promised in the above section may result in late fees being charged, Tools being removed from your Account, Account suspension or termination, or any other action which TTFY deems necessary. If we receive notice that you’ve disputed a charge related to a purchase made from your TTFY Account, we may, at our discretion, offer proof to challenge the dispute. Pending resolution of the dispute, we may remove the purchased Tools from your Account temporarily, or, if a refund is ultimately issued, permanently. In our discretion, we may take further action against your Account due to failure to pay.
B. EARNINGS & PAYOUTS
Earnings. Providers receive 60% of the list price of each Tool sold through our Services (“Earnings”). Earnings are reduced by the full amount of any Transaction Fees that apply, and increased by the full amount of any shipping fees collected. Earnings are paid out when requested by a Provider via their Stripe account. Stripe Connect is integrated into the TTFY platform with standard Connect accounts and transactions are processed as separate charges and transfers. With standard Connect accounts, the account is controlled directly by the individual Provider, and TTFY is not responsible for initiating those transfers on behalf of the Provider.
Payout Account. In order to facilitate Payouts, TTFY works with Stripe Connect. In order to receive Payouts, Providers utilize the Stripe Connect system. TTFY makes no guarantees about the services of Stripe Connect, and TTFY is not responsible for delays or complications which are caused by Stripe Connect. TTFY may, at any time and at our discretion, change the way in which Payouts are processed.
Schedule. In order to receive payment for sales made through the TTFY system, Providers must request a Payout through their Provider account with Stripe Connect. Standard payout timing with Stripe Connect is two (2) business days. Payouts are made each day of the week for those payouts which were requested at least two (2) business days prior.
Payout availability may vary. A number of factors, such as the industry and country you are operating in, may affect payout availability. When Providers begin processing live payments with Stripe, they will not receive their first payout until seven to ten (7-10) business days after payment is received for their first successful transaction. The first payout usually takes a little longer when establishing the Stripe account. Subsequent payouts are then processed according to your account’s payout schedule.
Payment Service Fees. When Payouts are transferred, transaction fees may apply. An amount equal to or less than the transaction fee assessed to us by the Payment services will be deducted from your Payout. Transaction fees are subject to change at discretion of Payment Services. TTFY is not responsible for other fees or taxes where are incurred from third parties, including Stripe Connect, as a result of receiving or assessing Payouts.
The transaction fee is equal to 2.9% of the list price of the Tool, plus 30 cents. For example, on a Tool with a list price of $10.00, the transaction fee will be 59 cents (2.9% of the list price is 2.9 cents, plus 30 cents.)
In order to make a transaction through TTFY, products, services, and rental listings must be $0.50 or higher. When a transaction is made on TTFY, the earnings from each transaction minus the transaction fees will be added to the Stripe Account pending balance. Additional fees may apply to transactions made through Instant Payouts.
If the Stripe Connect account balance is sufficient, the transfer of funds to the Provider’s Stripe Connect account will occur automatically and the TTFY’s Stripe Account will be keep the Stripe Service Fee Percentage.
If the Provider’s Stripe Account available balance is not sufficient, the transfer request will still succeed regardless of the available balance and the transfer itself will only occur once the charge’s funds become available. In this case, the transfer takes on the pending status of the associated charge: if the funds from the charge become available in N days, the payment that the Provider’s Stripe Account receives from the transfer also becomes available in N days.
Instant Payouts. With Instant Payouts, you can instantly transfer earnings from TTFY sales to a Stripe Connect supported debit card. You can request Instant Payouts at any time, including weekends and holidays. Funds requested for Instant Payout typically appear in your bank account within thirty (30) minutes. A Provider can send funds to connected accounts within minutes.
Additional fees apply to Instant Payouts. An additional 1% fee of the payout amount is charged on Instant Payouts.
Stripe Connect TTFY’s payment services are provided through Stripe. Therefore, these Terms are subject to changes which may made by Stripe, and TTFY is not liable for changes in access to funds or availability of transfers which are the result of changes made by Stripe. Availability of some of these options is limited by Stripe’s ability to provide those services. For more details on Stripe, visit: https://stripe.com/pricing#pricing-details.
C. SALES TAX
Collaborators may have, and are responsible for, the collection and/or remittance of any sales tax which may be owed. TTFY Providers can use Stripe Connect for sales tax collection purposes on TTFY in states where the Provider is obligated to collect sales tax.
Provider Obligations. By functioning as a Provider on TTFY, regardless of whether you choose to use available Tax Services, you agree to the following:
• Remittance. You represent and warrant that you will pay any collected sales tax which is owed according to applicable laws. You acknowledge that TTFY is not responsible for and will not remit sales taxes, and that Providers are responsible for working with Stripe Connect to collect and remit all sales tax which is owed for sales made on TTFY.
• Accurate information. You represent and warrant that the information you provide for the calculation and collection of sales tax, including but not limited to your street address, is accurate and current.
• No warranties. You acknowledge and agree that TTFY is not responsible for, and cannot and does not guarantee the accuracy or availability of the Tax Services or any other service you use to calculate or collect taxes or to determine the taxability or non-taxability of any transactions. You further acknowledge and agree that when accessing Stripe Connect or other third party tax services through our Services or on the internet, you do so at your own risk. Stripe Connect is not controlled or operated by TTFY, and you acknowledge that TTFY is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such services or resources. You further agree and acknowledge that TTFY is not responsible or liable, in any way, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such services, goods or resources available on or through the Stripe Connect or any other Third Party Services.
• Indemnification. In the event of any allegations, threats, claims, suits, or other proceedings brought by third parties related to your use, or misuse, or Stripe Connect or other third party taxes services used in connection with our Services, and/or brought by any taxing authority, related to your failure to properly pay any taxes which are owed by you in connection with your use of TTFY’s services, you agree to indemnify, defend, and hold harmless TTFY, and its employees, officers, directors, agents, and affiliated from and against all costs, damages, expenses, judgments, and liabilities (including, but not limited to, reasonable attorney’s fees).
VI. PRIVACY POLICY
User privacy is very important to TTFY. In this section, we will describe how we safeguard your privacy and personal information, and how you can report a privacy violation.
A. OUR PRIVACY POLICY
The privacy and security of your identifying information and data you give us is important to us. It is imperative to us that you feel safe with TTFY holding this information. Our Privacy Policy explains the kind of data we collect and how we use that data. By using TTFY Services, you agree that we may use such data in accordance with our privacy policies, as described in more detail below.
B. HOSTED CONTENT
TTFY does not regulate, and is not responsible for, the Content posed by TTFY Collaborators. This includes any disclosures of identifying information by our Collaborators. Nevertheless, it is very important that our Collaborators respect the privacy rights of others. If you see Content which you believe violates your personal privacy rights, or someone else’s, please contact us at hello@therapytoolsforyou.com or by using our Contact Us form.
C. PRIVACY OF PAYMENT INFORMATION
All Payouts and payment for Tools purchased are processed through Stripe Connect. Provider Payout accounts are stored via Stripe Connect. TTFY does not hold, store, or have access to any Collaborators credit, debit, or banking information. All such information is held by Stripe Connect, and TTFY does not take responsibility for the safety or security of transactions processed through Stripe Connect.
VII. INDEMNITY
This section gives an overview of what happens if TTFY gets sued because of something you did. In that case, you agree to defend TTFY against liability for your actions.
You agree to indemnify, defend, and hold harmless TTFY, and its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorney’s fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of TTFY’s Services, including but not limited to, any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.
VIII. LIMITATION OF LIABILITY & WARRANTY DISCLAIMER
This section describes our responsibility to provide a functional working Site. It is our intention to provide a quality experience to every user, but we’re not able to guarantee that the Site will always work as designed or that the site will always be accessible. TTFY’s Services are offered “as-is” and “as available” without any guarantees.
Our Services. It is our intention to provide our Services in a continuous and high quality manner, but occasionally interruptions occur, and we cannot guarantee that any or all features will always work, or that our Services will be continuously available.
TTFY always strives to improve and further develop our Services for our Collaborators and Users. At our discretion, and at any time, we may amend or update certain features of the Services we provide. We make no guarantees to Providers or other Collaborators respecting the findability or searchability of any Tools offered through our Services. TTFY does not make guarantees about the amount any Provider may earn or whether a Provider’s Earnings will continue at a constant level in the future.
YOU AGREE THAT TTFY’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TTFY (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF THE SERVICES. WE MAKE NO GUARANTEES REGARDING THE AVAILABILITY OF THE SERVICES, THE SECURITY OF THE SERVICES AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION, THE CORRECTION OF ANY DEFECTS OR ERRORS, EXISTENCE OF ANY VIRUSES OR OTHER HARMFUL MATERIALS, OR ANY OTHER GUARANTEES.
YOU AGREE THAT TTFY (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. FOR SUCH PERSONS, TTFY’S LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO (A) THE TOTAL AMOUNTS PAID BY YOU TO TTFY DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS THE LESSER AMOUNT.
Content. The Tool on our Services are uploaded or posted by our Collaborators. TTFY does not produce, approve, post, or upload Tools. The Content displayed on our site and any observations, opinions, or assertions presented are those of the Collaborators who posted the Content and do not reflect the opinions, or the official policy or position of TTFY. TTFY makes no representations or warranties as to the quality, accuracy, effectiveness, legality, appropriateness, or other aspects of any Content.
Interactions with other Collaborators. It is your responsibility to take safety measures when sharing information about yourself with another Collaborator or anyone else, and you release TTFY from any liability that may arise out of your interactions with another Collaborator of our Service.
Third Party Content. TTFY’s site may contain links, ads, or other connections by which you could visit other website not owned or controlled by TTFY. When you access third-party pages, you do so at your own risk. TTFY cannot and does not make representations or warranties about other websites or services.
Third Party Services. Our Services may allow Collaborators to link to outside websites, or to use other services and resources on the Internet in conjunction with our Service (“Third Party Services”), and Third Party Services may reference our Services. When Users access Third Party Services, they do so at their own risk. Third Party Services are not controlled by TTFY, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. You further acknowledge and agree that TTFY is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third Party Service.
IX. CHANGES TO THESE TERMS
TTFY may amend these Terms from time to time. Whenever the changes we’re making are material, we’ll attempt to notify you before those changes go into effect so that you can choose whether or not to continue using our Services. To make you aware of such changes, we may send a message to the email address listed on your Account profile, we may post notices around our Services, or we may use other communication methods to reach you.
This includes any changes which may be made to our Privacy Policy, Copyright & Trademark Policy, Community Guidelines, Provider Fees and Payment Rates Policy, and any other policies which are incorporated as part of these Terms.
Any notice regarding changes to these Terms will include the date on which the changes will be effective. Continuing to use our Services after the changes go into effect serves as your acceptance of the changes.
X. OTHER TERMS
In this section, you’ll find other rules which apply to your use of TTFY, including what happens if there is a dispute between you and TTFY, and certain changes for government Users.
A. DISPUTES WITH TTFY
In the case of a dispute between you and TTFY arising out of these Terms or your use of our Services, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Binding Arbitration. You and TTFY agree that any dispute, including but not limited to litigation, arising out of or relating to these Terms or your use of our Services will be resolved through binding arbitration, to be conducted under the rules of the American Arbitration Association (AAA) and in accordance with their Commercial Arbitration Rules. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the AAA rules. As allowed under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration. YOU AND TTFY EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.
Disputes will be settled on an individual basis. YOU AND TTFY EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in Catawba County, North Carolina to protect the party’s intellectual property rights pending completion of the arbitration.
Governing Law. These Terms are governed by the laws of the state of North Carolina, and the laws of the United States of America without regard to principles of conflict of law, and regardless of where you are located in the world.
Venue. TTFY is located in North Carolina, with our headquarters in Hickory, North Carolina. Any dispute which is subject to Binding Arbitration will take place in Catawba County, North Carolina. For any other judicial action that may arise between you and TTFY, or for which our Binding Arbitration clause is found not to apply, both you and TTFY agree to submit to the venue and personal jurisdiction of the state and federal courts located in Catawba County, North Carolina.
B. NO WAIVER
Any failure by TTFY to enforce any right or provision of these Terms does not constitute a waiver of that right or provision and will not limit our right to act or enforce these Terms against subsequent or similar breaches.
C. SEVERABILITY
If any part of these Terms is deemed void, unenforceable, or illegal, that part which is unenforceable is severed from the Terms, and will have no impact on the enforceability of the remainder of these Terms.
D. GOVERNMENT AGENCIES & PUBLIC ENTITIES
If you are a federal, state, or local government or government agency in the United States and are using TTFY in your official capacity, the following amendments to these Terms apply:
• Federal Governments & Entities. If you are a federal government or federal government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” do not apply to your official use of the Services only to the extent that they are inconsistent with federal laws or regulations.
• TTFY will not use your name, seals, trademarks, or the fact that you’re a Collaborator of our Services to intentionally state or imply an endorsement of our Services. TTFY will use your name, seals, trademarks, and the fact that you’re a Collaborator of our Services as necessary in the regular operation of our Services and to deliver our Services to you and to other Collaborators.
• State and Local Governments & Entity. If you are a state or local government, or state or local government entity, the provisions entitled “Indemnification,” “Binding Arbitration,” “Governing Law,” and “Venue” will apply to your official use of the Site and the Services only to the extent permitted by your jurisdiction’s laws.
XI. SURVIVAL OF TERMS
This section lets you know that some parts of these Terms remain in effect even if you decided to stop using TTFY or if TTFY closes your account.
The following provisions remain in effect even if you cease using our Services or your Account is closed by you or terminated by TTFY for any reason:
• Guests. If you access our Services as a Guest, any Terms that apply to Guests still apply to you.
• Intellectual Property Rights. You still have to respect our intellectual property rights as described in Section 4.A, and if you’ve posted Content, you’re bound by Section 4.B.
• Rules for Listing Tools. If you’ve sold Tools, our rules requiring continued access to your Tools for Collaborators who have previously purchased or downloaded them still apply. Therefore, if you are hosting any Tool content through a third party, access through that third party host must continue.
• Rules for Purchasing and Downloading Tools. After your Account is closed, you have to follow the licensing rules about how you can use Tools you’ve purchased or downloaded and who you can share them with, our Refund Policy, and our Payment Disputes policy.
• Privacy Policy. Section 6 of these Terms and the terms of our Privacy Policy continues to apply, including data we collect from Guests if you continue to visit our Site, how we treat and use your Account information after your Account is closed, and how you can report Content that you believe violates your privacy rights.
• Earnings and Payouts. Any final Payouts due to you are subject to these Terms and will be paid in accordance with Section 5.
• Disputes with TTFY. Any legal action that might arise between you and TTFY related to your use of TTFY is governed by the provisions of Section 10.A of these Terms.
• Warranty Disclaimer, Limitation of Liability, and Indemnity (Section 7 and Section 8). TTFY’s warranty disclaimer remains in effect, you may not TTFY liable for losses or damages due to your use of TTFY. Your responsibility to defend TTFT against legal action arising from your use of the Services remains in effect.
XII. HOW TO CONTACT US
You can reach us by emailing hello@therapytoolsforyou.com, or by submitting a message using our Contact Us form.
To submit a notice pursuant to the DMCA, follow the instructions in our Copyright & Trademark Policy here.
COPYRIGHT AND TRADEMARK
At TTFY, intellectual property rights of others are very important to us, and we ask that our users respect the intellectual property rights of others, including fellow Users. We’ve established the following intellectual property infringement policy in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws. If we receive a valid infringement Notice from a copyright or trademark owner that meets all of the requirements listed below, we comply with the law and remove the content from our site. As a service provider hosting content produced by our Collaborators, TTFY isn’t in a position to make legal judgment calls or resource comparisons, therefore we often have to rely on the information in formal Notices to take action.
If, in our discretion, we find that a Collaborator has violated this policy repeatedly or egregiously, we may terminate that user’s account, or take further action. FF
This policy provides guidelines for submitting a formal Notice. If you have any other questions or concerns about our service or policies, please contact us here and a member of our support team will get to back to you. Be advised that TTFY cannot offer you legal advice or guidance, so if you have questions about your resources, copyright or trademark law, fair use exceptions, or the like, we recommend that you to discuss them with an attorney.