TERMS & CONDITIONS
The following terms and conditions (the "Terms and Conditions") govern your use of MethodPractice (“MethodPractice”, "Company", "we" or "us") website located at (the “Website” or "Site") and of the services provided by MethodPractice (“Services”).
1. BY USING THE SITE AND THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS
These Terms and Conditions May Change
Additional Terms and Conditions May Apply
The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by MethodPractice, including on any particular page of this Site or through the Services, or through a registration process or other means. In the event of a conflict between these Terms and Conditions and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.
Termination of Services for Non-compliance
If you do not comply with the Terms and Conditions at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Site or the Services.
We May Discontinue or Alter Any Aspect of the Site or the Services
We may discontinue or alter any aspect of the Site or the Services, including, but not limited to, (i) restricting the time the Site or the Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating your right to use the Site or the Services, at our sole discretion and without prior notice or liability.
2. AUTHORIZED USERS / REGISTRATION
Authorization to Use this Site
You hereby confirm to MethodPractice that: (a) you have reached the age of 18 and above and (b) you are a Practitioner (operate a private practice) or Collaborator (provide Practitioners with products or services) within the fifty states of the United States of America.
For certain aspects of the Site, you may be asked to register an account. In the event you agree to register an account, you will select or receive an email and password upon providing registration information and successfully completing the registration process.
You are solely responsible for maintaining the confidentiality of your account, email and password and for all activities and liabilities associated with or occurring under your account, email and password. You must notify us immediately of any unauthorized use of your account, email or password and any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account, email or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account, email or password.
You may not transfer your account, email or password to another person, and you may not use anyone else's account, email or password at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such Member; (ii) controlling the Member's access to and use of the Services; and (iii) the consequences of any misuse.
In consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and to maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the website, or any portion thereof.
We provide a platform that allows Collaborators and Practitioners to come together and connect to exchange client referrals, resources, events, office space and jobs. We generally do not have control over the details of what happens between the Collaborators and the Practitioners that meet through our Website.
4. PREMIUM FEATURES AND PRICES
MethodPractice Website is available free of charge. The free version allows you to use only the basic features of MethodPractice. You can unlock paid features by buying a suitable subscription plan.
Current detailed information about the subscription offer is always available in the MethodPractice application.
Subscriptions are concluded for the term specified in your order.
Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax).
MethodPractice does not guarantee that MethodPractice or any of its features will always be free and reserves the right, at its sole discretion, to change the pricing.
5. FEES AND BILLING
MethodPractice charges a subscription fee to use the paid website services and content. You are responsible to MethodPractice for any fees applicable to services you choose. You authorize MethodPractice (or its partners), or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees as provided through the registration process.
Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars.
Except as required by law, all fees are nonrefundable, including, without limitation. Payment may not be canceled by the user, except as required by law. However, MethodPractice (or its partners) reserves the right to refuse or terminate any payment at any time in its sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment method, but your charge is rejected for any reason, there may be a hold on your use of the website services for several days.
6. RESTRICTIONS ON USE OF SITE CONTENT
All content and materials contained in this Site or made available through the Service (“Content”), are protected by United States and international trademark and copyright laws, are owned or controlled by MethodPractice, and must only be used for certain approved purposes as established by MethodPractice. You may only view or download Content from this Site for your own use or as otherwise expressly authorized by MethodPractice.
No Reproduction / Distribution
The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material available on or through this Site or the Services is STRICTLY PROHIBITED without the prior written consent of MethodPractice or unless expressly permitted by this Site or the Services. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by MethodPractice. The copying posting, linking, or other use of Content from this Site or the Services on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site or the Service can be made by contacting MethodPractice in writing at the address listed below.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") of MethodPractice or any third party displayed on the Site or on content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site's services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third-party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
Third Party Rights
Trademarks, service marks, logos and icons owned by third parties are the property of those respective third parties. MethodPractice and affiliates do not warrant or represent that your use of the Content will not infringe the rights of third parties.
You may be able to link from the Site to third party web sites and third-party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
Linking to the Site
You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
8. PROHIBITED USER CONDUCT
We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; or (b) gain or attempt to gain unauthorized access to other computer systems through the Site. You agree to not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; (ii) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; or (iii) use the Site or the Site's services in violation of any applicable law or the legal rights of any third party. You further agree that you may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof.
You shall not (nor cause any third party to) use the Site or the Services to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation: (a) disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material; (b) transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party; (c) conducting any activity that would constitute fraud; (d) transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) use the Site or the Services to gain competitive intelligence about MethodPractice, the Site, or any product or service offered via the Site or to otherwise compete with MethodPractice.
9. CONTENT POSTED BY COLLABORATORS AND PRACTITIONERS
When using MethodPractice, you have the ability to post content (e.g., business description, comments and/or photos). You are solely responsible for all content that you provide, post, upload or submit.
We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality, copyright infringement or applicability of any content posted by users on MethodPractice. MethodPractice does not endorse, guarantee, make representations or provide warranties regarding any such content.
By Posting content on the website, blog and forum, Members retain the right to the content and also automatically grant MethodPractice the right to the content and such content may be used by MethodPractice for commercial and advertisement purpose and any other legal purpose it may deem fit. Unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the website, you grant MethodPractice a nonexclusive, royalty-free, worldwide, fully paid license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the website. Members are solely responsible for the content of his or her blog posts posted on the website. Members own the copyright to the articles they upload. MethodPractice does not undertake responsibility for screening or monitoring the content of blog post articles. The opinions expressed by the bloggers are their own and are not our opinions or endorsed by us.
MethodPractice may, in its sole discretion, reject or remove any content that violates our content standards below or for any other reason we deem the content inappropriate. MethodPractice shall have no obligation to monitor content posted, uploaded or submitted by a user, but may do so at its sole discretion. MethodPractice is not responsible for any failure or delay in removing any such content.
You may not post or submit any content that violates our Acceptable Use Policy or any content that is:
false, misleading, deceiving, inaccurate or dishonest
defamatory or invasive of another person's right of privacy or right of publicity
harmful, obscene, harassing, abusive, offensive, objectionable, violent or condoning violence or harm, displaying nudity or sexual activity, or otherwise unfit for publication
inciting hatred of individuals or groups based on race or ethnic origin, religion, nationality, disability, gender, age, veteran status, or sexual orientation/gender identity; portraying or inciting animal cruelty or neglect
illegal, such a criminal activity, terrorism, obscenity, child pornography, human exploitation, gambling, drug use, firearms or ammunition, and piracy
infringing intellectual property or other proprietary rights of any party, or not authorized, such as content that you did not create or do not have the permission to use
creating a privacy or security risk to any person
spam, letters or pyramid schemes
in MethodPractice’s sole discretion, objectionable or exposes users to harm or liability
Patient Health Information (PHI)/individually identifiable health information that either identifies an individual client or patient, or with respect to which there is a reasonable basis to believe the information can be used to identify the individual client or patient
10. NOT HEALTHCARE ADVICE
This site is not intended to provide medical advice, diagnosis, or treatment. The products, information, services, and other content provided on and through this Site, including information that may be provided on the Site directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with a healthcare professional (collectively, "Healthcare Professional") regarding any medical or health-related diagnosis or treatment options.
The products and the claims made about specific products on or through this site have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent disease. The information provided on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or prescription of any medication or other treatment. You should consult with a healthcare professional before starting any diet, exercise, or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.
None of the Sites are intended to provide medical advice, diagnosis, or treatment. The products, information, services, and other content provided on and through any of the Sites, including information that may be provided on any of the Sites directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professionals (collectively, "Healthcare Professional") regarding any medical or health-related diagnosis or treatment options. The information provided on any of the Sites and Linked Sites (as defined), including information relating to medical and health conditions, products, and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.
11. CLIENT SAFETY
The website allows Members to post Client referrals. Members understand that MethodPractice is not an appropriate platform to post Clients at risk of harm to themselves or others and hereby agree by the safety guidelines of the platform. In the event that a Member posts a client information without stating facts about the risk involved, MethodPractice shall not be responsible for the occurence that may precede the event and does not guarantee safety or well being of a client.
12. INTELLECTUAL PROPERTY
The content available on the website (“Website Content”), including the logos and trademarks (“Marks”), are licensed to MethodPractice and are subject to copyright, trademark, and other intellectual property rights under the United States of America (“USA”), foreign laws, and international conventions. The Website Content includes, but are not limited to, the source codes, database, website design, functionalities, videos, audios, texts, images, graphics, and items available on the website.
The logos, designs, page headers, names, script, graphic, button icons and footers are registered trademarks or common law trade dress of MethodPractice in the US and other parts of the world. The MethodPractice trademarks and trade dress may not be used in combination with any other products, services, or goods in a manner that is likely to confuse. You do not have our permission to copy, imitate, or use it without getting written approval from us.
MethodPractice provides the Website Content to users on “AS IS” basis for information and personal use purposes. Users may not copy, reproduce, distribute, advertise, transmit, license, sell, or exploit it for any other purposes without seeking written consent from us.
13. NO GUARANTEE
The parties hereto acknowledge and agree that jobs may be posted on the platform and MethodPractice does not guarantee that any user of its website will find suitable employment on the website or guarantee the outcome of the employment during the course of the employment.
Collaborators and Practitioners hereby irrevocably hereby agrees not to circumvent, avoid, bypass, or obviate, directly or indirectly, the intent of this Agreement, to avoid payment of fees in any transaction with any Collaborators or Practitioners whom you meet through the website, in connection with any project, or other transaction involving any services, or addition, renewal extension, new contracts, parallel contracts/agreements, or third party assignments thereof.
You agree to defend, indemnify and hold Company, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Site, or your breach or violation of the law or of these Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company's defense of such claim.
16. NO WARRANTIES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS, AND MATERIALS CONTAINED OR AVAILABLE THEREON, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. FURTHER, MethodPractice DOES NOT WARRANT (A) THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT, (B) THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE APP OR CONTENT WILL BE ACCURATE OR RELIABLE, OR (C) THAT THE QUALITY OF THE SITE OR THE APP OR CONTENT WILL MEET YOUR EXPECTATIONS.
From time to time, we may make third party opinions, advice, statements, offers, or other third-party information or content available on the Site (“Third Party Content”). All Third-Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE SITE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.
17. LIMITATION ON LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, ANY OF ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING COLLABORATORS AND PRACTITIONERS) (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR YOUR USE OF THE SITE AND/OR SERVICES.
In addition to any other method of termination or suspension provided for in these Terms and Conditions, MethodPractice reserves the right to terminate, change, suspend or discontinue any aspect of the Site or the Site's services at any time. Further, you agree that MethodPractice shall not be liable to you or any third-party for any termination or suspension of your access to the Site or any part thereof, removal of Content. Any such termination, suspension or cancellation shall not affect any right or relief to which MethodPractice may be entitled at law or in equity. Upon any such termination, suspension or cancellation, you shall terminate all use of the Site, the Services, and any Content and you will not be entitled to any refund of any fees or other charges, if any, paid in connection with such use.
If any provision under these Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such an invalid or unenforceable provision shall be severed and shall not affect the validity and enforceability of the other valid and enforceable provisions.
20. GOVERNING LAW
You agree that the Website does not give rise to personal jurisdiction over MethodPractice, either specific or general, in jurisdictions other than the laws of the State of North Carolina. Any claim or dispute between you and MethodPractice that arises in whole or in part from the Service will be decided exclusively by a court of competent jurisdiction located in the North Carolina. Those who do not choose to access the MethodPractice do so at their initiative and are responsible for compliance with all applicable laws including any applicable local laws.
21. COPYRIGHT INFRINGEMENT
The entire website content is owned or controlled by MethodPractice and its contents may not be copied, reproduced, distributed or modified in any way without the express written consent of MethodPractice. If you have any copyright concerns about any materials posted on the web portal, please let us know.
MethodPractice shall not be liable and shall be fully released of any copyright infringement as a result of the content posted on the website by the Members.
22. COPYRIGHT NOTICES
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable Company to find the alleged infringing material);
your address, telephone number, and email address;
a written 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; and
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 authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be provided to Company’s Copyright Agent at firstname.lastname@example.org
23. CONTACT US
For further information or to contact us with questions, concerns, or comments, you may email us at the email in the footer of our website or visit our Contact Us page. Although we will, in most circumstances, be able to receive your email or other information provided through the Site, we do not guarantee that it will receive all such email or other information timely and accurately. We shall not be legally obligated to read, act on, or respond to any such email or other information.