Terms OF Service
TERMS OF SERVICE/CLIENTS
The following terms and conditions constitute an agreement between you and Sercle Inc, (“Sercle,” “we,” or “us”), the operator of sercleinc.com (the “Platform”). These Terms of Service (the “Terms of Service”) govern your use of the platform, both as a casual visitor and as a registered user.
By accessing, browsing or using our Platform, you become a “Visitor”. Your accessing, browsing or using this Platform constitutes your agreement to all terms, conditions, and notices, and any changes to the Terms of Service made by Sercle.
In order to access certain aspects of the Platform or perform certain functions you will have to sign up and become a “Member” of our Platform. As part of the registration process for Membership you will be asked to review those portions of the Terms of Service intended for Members and asked to confirm your assent to them. By clicking “submit”, you confirm that you have read these Terms of Service, that you understand them, and that you agree to be bound by them.
Finally, these Terms and Conditions contain a binding arbitration clause and class action waiver at section 23 that impact your rights about how to resolve disputes. Please read carefully.
About the Platform
We Do Not Provide Medical/Mental Health Advice
The Information that you obtain or receive from Sercle and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Platform is for informational and scheduling purposes only. THE INFORMATION PROVIDED ON THE PLATFORM IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MENTAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MENTAL HEALTH ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE PLATFORM. DO NOT USE THE PLATFORM FOR EMERGENCY MENTAL HEALTH NEEDS. IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MENTAL HEALTH EMERGENCY CALL 911 OR THE EMERGENCY CONTACT IN YOUR LOCATION. YOUR USE OF INFORMATION PROVIDED ON THE PLATFORM IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE PLATFORM OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MENTAL HEALTH CARE OR THE PROVISION OF MENTAL HEALTH CARE. We do not recommend or endorse any specific tests, mental health professionals, procedures, opinions, or other information that may appear on the platform. If you rely on any of the Information provided by the Platform, you do so solely at your own risk.
No Doctor/Mental Health Professional Patient Relationship
NO LICENSED MENTAL HEALTH PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO, THE FIND A CLINICIAN FEATURE, LINKS TO OTHER WEBSITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE MENTAL HEALTH PROFESSIONAL OR SPECIALIST IN ANY FIELD. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER WE DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
We have no control over, and cannot guarantee the availability of any Provider at any particular time. We are not a party to the dealings between You and any Provider, including posts, email, phone, text message, or other communication, proposals, screening, selection, contracting, and provision of Provider Services. We do not introduce You to Clinicians or Clinicians to You. We merely make the Platform available to enable You to identify and determine the suitability of a Provider for yourself and to enable Providers to identify and determine the suitability of patients for their practice. Sercle does not direct, has no control over, makes no representations, and does not guarantee the quality, safety, timeliness, or legality of Provider services; the truth or accuracy of engagement requests, listings and profiles; the qualifications, background, or identities of Members; the ability of Providers to deliver services; Your ability to pay for Provider services; or that You and a Provider can or will complete a transaction, appointment, or engagement.
We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Platform or Services whatsoever. You are strongly advised to perform your own investigation prior to selecting a mental health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular mental health professional by confirming with the practitioner’s office, your current mental health therapist, and/or the state mental health licensing board.
Authorization and Acknowledgement
In connection with using the Platform and the Services to locate and schedule appointments with mental health professionals, you understand that: Sercle selects mental health professionals to be featured on the Platform based on a pre-existing contractual agreement with those professionals. Sercle will provide you with a list of mental health professionals who may be suitable to deliver the mental health care that you are seeking based solely on the information that you provide to Sercle (proximity to your geographical location and additional criteria that you specify) (Please see Section 3 above regarding us having no role in a relationship between You and a Provider and not making any endorsement of any Provider); you are ultimately responsible for choosing your own mental health professional. See Sercle Client Information for more information on membership fees and conditions.
We make the Platform available as a service to consumers and health care professionals for the purposes of providing, a safe online community, citizen-generated data, an informative and educational resource. We may, but have no obligation to, have nonuser-posted information reviewed by the Platform’s editorial personnel. It is important to note, however, that the timeliness and accuracy of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who has been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information. You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified trauma and mental health professional.
PRACTITIONER INFORMATION: Provider and practice information found on the Platform is intended for general reference purposes only. Clinician and other health provider information found on the Platform is both self-reported, by the Clinician and/or office staff, and collected from multiple other data sources that may not be confirmed by the Provider. Such information often changes frequently and may become out of date or inaccurate. Neither the Platform nor Sercle provides any advice or qualification certification about any particular Provider. Our relationship with sponsors or Providers in a particular area is based on criteria we establish. You are encouraged to independently verify any such information.
PROCEDURES/PRODUCTS/SERVICES: The procedures, products, services and devices discussed and/or advertised within the Site are not applicable to all individuals, patients or all clinical situations. We make no claims as to the effectiveness of any such therapies, products, and services. Any products and/or services represented on the Site by advertisers, sponsors, and other Site participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
User must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. User may be asked to choose a password and a Username. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Sercle immediately of any unauthorized use of User’s account or any other breach of security. You may notify us by sending an email to firstname.lastname@example.org. Sercle will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Sercle or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members (“Credentials”). You should keep your Credentials private and not share your Credentials with anyone else.
Your Personal Information & Medical/Health Information
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects the secrecy of protected health information regarding individuals. This protected information generally includes individually identifiable health information. This is information created or received by a health care provider, health plan, employer, or health care clearing house, relating to past, present, or future health conditions or care, and identifying the individual it relates to.
HIPAA requires covered entities to maintain the secrecy of this protected health information. Protected health information is defined in HIPAA.
SERCLE AND THE PLATFORM ARE NOT COVERED ENTITIES AND ARE NOT SUBJECT TO HIPAA PRIVACY RULES. We enable patients and Clinicians to connect with each other, but are not a health care company.
Any health information shared on the Platform or with a Clinician is a matter of YOUR choice and YOURS alone. We will never request that You provide individually identifiable health information to any party through any means on the Platform. However, when you choose to communicate with a Clinician through our Platform that Clinician will be able to see your name.
We also ask that You exercise discretion and care in the determination to share health information and selection of health information to share on the Platform, with other Members or Users, and with Clinicians.
BY USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT ANY HEALTH INFORMATION YOU CHOSE TO SHARE IS AT YOUR DISCRETION AND AT YOUR OWN RISK.
You are responsible for all use of the Platform and for all use of your Credentials, including use by others to whom you have given your Credentials. You may use the Platform and the Services for lawful, non-commercial purposes only. You may not use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Platform or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
- copy, modify, adapt, translate, or reverse engineer any portion of the Platform, its content or materials and/or the Services;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Platform and/or the Services or in or on any content or other material obtained via the Platform and/or the Services;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Platform and/or the Services;
- access, retrieve or index any portion of the Platform and/or the Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical clinicians;
- reformat or frame any portion of the web pages that are part of the Platform and/or the Services;
- create user accounts by automated means or under false or fraudulent pretenses; or
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph. In addition to our rights in these Terms of Service, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Service.
Changes to These Terms of Service
We may change these Terms of Service at any time, as we reasonably deem appropriate. Upon any change in these Terms of Service, we will post the amended agreement on the Platform with notice of the changes. Your continued use of the Platform and/or the Services following such notification shall constitute your affirmative acknowledgement of the Terms of Service, the modification and agreement to abide and be bound by the Terms of Service, as amended. If at any time you choose not to accept these Terms of Service, including following receipt of notification of any modifications hereto, then please do not use the Platform.
Changes to the Services
We may from time to time add new services to the Services that we currently offer, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Platform, and the users of new services will be governed by these Terms of Service. You agree that Sercle will not be liable to you or any third party for any suspension or discontinuation of any of the Services.
Links to Other Sites
The Site may include links to other websites or frame information from other websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide and we make no warranties or representations of any kind whatsoever regarding those websites, including the products, software, materials, services, content, completeness, accuracy or appropriateness of content on such linked websites. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
Certain Services on the Platform may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these Terms of Service. If you choose to register for or access any such Services, you will be presented with any relevant additional terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
Pricing for the services selected shall only apply to the applicable service identified. Based upon each individual Provider’s judgment, other treatment, services, tests and/or interventions may be necessary and may result in additional costs to you. Any such other treatment, services, tests and/or interventions performed by a Clinician or other medical provider will be billed as an additional charge to you by such Clinician or other medical provider. Please see the section on Fees for more information.
You agree to pay a one-time, lifetime registration fee of $50 for access to therapists on our online directory, and hereby authorize Us to charge Your credit card for such fees. If Your credit card is declined You will not be able to access engage any therapist on the platform.
Cancellation policy – you may choose to contact email@example.com to cancel your membership. Sercle offers Students a ten (10) day, no-questions- asked refund of your lifetime registration fee. The 10-day period for requesting a refund begins on the date You register for access to our services. Please note, You are subject to each Provider’s private practice policies in terms of missed or cancelled sessions. Sercle will not be responsible for any fees incurred between the Provider and client, and this cancellation and refund policy does not apply to any fees or services between You and a Provider.
You may not use contact information provided by our users or collaborating Providers, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Platform immediately and take other legal action if you or anyone using your Credentials violates these provisions.
Content You Post or Submit
You will have the opportunity to submit feedback regarding your experiences with Providers who are featured on the Platform. You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information. You may not provide feedback that:
- is false or intentionally misleading;
- harasses or advocates harassment of another person;
- violates the rights of any person;
- is threatening, obscene, defamatory or libelous,
- or otherwise creates any liability for Sercle or any of its affiliates or users of the Platform.
Sercle reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators or blocking your use of the Services and/or the Platform.
Your Use of Content
Except for Posted Content that you or any other visitors to the Platform submit, all of the Information available on or through the Services and/or the Platform, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Sercle’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Platform for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Platform in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, Sercle and its suppliers do not grant you any express or implied rights, and all rights in the Platform and the Services not expressly granted by Sercle to you are retained by Sercle.
We do not collect fees for services offered by Providers.
Providers offer their services for fees that may be listed on the Platform for 50–60-minute psychotherapeutic sessions. These fees are due to the Provider at the time of the appointment.
Late Cancellation Fees. If you cancel your appointment, your cancellation will be subject to the cancellation, refund, and rescheduling policies of your Provider. Sercle cannot control any fees that may be charged to a User regarding a cancellation, late arrival, rescheduling, or other occurrence.
Financial Terms. In connection with your membership, you will be asked to provide customary billing information such as name, billing address and credit card information either to Sercle or its third-party payment processor. Once your transaction is complete you will receive a confirmation email summarizing your membership.
Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Platform, (b) your use of the Services, or (c) the violation of these Terms of Service by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
Electronic Contracting and Notices
Your affirmative act of using this Platform and/or registering for the Platform or the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.
No unlawful or prohibited use
As a condition of your use of the Sercle Platform, you warrant to Sercle that you will not use the Platform for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sercle Platform in any manner which could damage, disable, overburden, or impair Sercle Platform or interfere with any other party’s use of the Sercle Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sercle Platform.
WE PROVIDE THE PLATFORM AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE PLATFORM OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM OR SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION PROVIDED BY USERS OF THE PLATFORM OR ANY OTHER CONTENT, DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE PLATFORM. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SERCLE MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE PLATFORM OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. SERCLE DOES NOT WARRANT THAT THE PLATFORM OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES SOFTWARE OR PLATFORM ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
THE INFORMATION PROVIDED ON THE PLATFORM IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MENTAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MENTAL HEALTH ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE PLATFORM. DO NOT USE THE PLATFORM FOR EMERGENCY MENTAL HEALTH NEEDS. IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MENTAL HEALTH EMERGENCY CALL 911 OR YOUR COUNTRY/STATE HELPLINE. YOUR USE OF INFORMATION PROVIDED ON THE PLATFORM IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE PLATFORM OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MENTAL HEALTH CARE OR THE PROVISION OF MENTAL HEALTH CARE. We do not recommend or endorse any specific tests, mental health professionals, procedures, opinions, or other information that may appear on the Platform. If you rely on any of the Information provided by the Platform, you do so solely at your own risk.
THE INFORMATION, AND SERVICES INCLUDED ON THE PLATFORM OR AVAILABLE THROUGH THE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SERCLE MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE PLATFORM AT ANY TIME.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR MEMBERSHIP. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE PLATFORM, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE OUR PLATFORM OR OUR SERVICES OR (B) $50. UNDER NO CIRCUMSTANCES WILL OUR PLATFORM OR OUR SERVICES BE DEEMED TO INCLUDE ANY SERVICE PROVIDED BY A PROVIDER.
SERCLE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SERCLE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SERCLE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SERCLE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE SOLUTION IS TO DISCONTINUE USE OF THE PLATFORM.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
Termination or restricted access; Choice of Law; Entire Agreement; Severability; Waiver
Sercle may terminate and/or suspend your membership immediately, without notice, if there has been a violation of these Terms of Service or other policies and terms posted on the Platform by you or by someone using your Credentials. We may also cancel or suspend your registration for any other reason but will attempt to notify you in advance of such cancellation or suspension. Sercle shall not be liable to you or any third party for any termination of your access to the Platform and/or the Services. Further, you agree not to attempt to use the Platform and/or the Services after any such deletion, deactivation or termination. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sercle as a result of this agreement or use of the Platform. Sercle’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sercle’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by Sercle with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sercle with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sercle with respect to the Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Sercle to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Copyright Dispute Policy
Sercle has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf).
It is Sercle’s policy to:
- block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users;
- and remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Platform or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent (will be listed soon) (“Proper Bona Fide Infringement Notification”):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Sercle is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon Receipt of a Bona Fide Infringement Notification. Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Sercle’s policy:
- to remove or disable access to the infringing material;
- to notify the content provider, member or user that it has removed or disabled access to the material;
- and that for repeat offenders, Sercle will also terminate such content provider’s, member’s or user’s access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material;
- and The content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Sercle is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Sercle may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Sercle’s discretion.
TERMS OF SERVICE/THERAPISTS
The following Terms of Service constitute an agreement (“Agreement”) between you (“Therapist”) and Sercle Inc, (“Sercle”), the operator of sercleinc.com (the “Platform”). Therapists, who are each licensed professionals, offer behavioral health services (“Services”) to any person who accesses the Platform. The Platform can be accessed by any person and those persons who choose to submit an application to join Sercle, and are accepted for membership by Sercle, become Members (“Member or Members”).
In order to access certain aspects of the Platform or perform certain functions, Therapist must become a “Member Therapist” of our Platform. As part of the registration process for membership you will be asked to review the Terms of Service intended for Member Therapists and asked to confirm your consent to be bound by them. By clicking “submit”, you confirm that you have read these Terms of Service, that you understand them, and that you agree to be bound by them.
Changes to These Terms of Service
Sercle may change these Terms of Service at any time, as Sercle reasonably deems appropriate. Upon any change in these Terms of Service, Sercle will post the amended agreement on the Platform with notice of the changes. Therapist’s continued use of the Platform and/or the Services following such notification shall constitute Therapist’s affirmative acknowledgement of the Terms of Service, the modification of the Terms of Service, and Therapist’s agreement to abide and be bound by the Terms of Service, as amended. If at any time you choose not to accept these Terms of Service, including following receipt of notification of any modifications hereto, then please do not access or use the Platform.
Your affirmative act of using this Platform and/or registering for the Platform or the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with Sercle electronically.
This written Agreement represents the entire understanding between and obligations of Therapist and Sercle and supersedes all prior understandings, agreements, negotiations, and proposals, whether written or oral, formal or informal between the parties. Any additional writings shall not modify any limitations or remedies provided in the Agreement. There are no other terms or conditions, oral, written, electronic or otherwise. There are no implied obligations. All obligations are specifically set forth in this Agreement. Further, there are no representations that induced this Agreement that are not included in it. The only operative provisions are set forth in writing in this Agreement.
If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid.
The relationship between Sercle and Therapist shall be that of independent contractor and nothing herein shall render Therapist an employee, representative, or agent of Sercle. This Agreement does not constitute a contract of employment or agency. There is no employer/employee relationship between Sercle and Therapist and neither Sercle nor Therapist is an agent of the other.
Therapist agrees to be bound by any and all applicable local, state, federal or international law, statute, ordinance, rule, regulation, or ethical code in relation to the advertising, selling, and performance of Services on the Platform and to his/her relationship and interactions with the Members and with Sercle.
No Minimum Commitment
The parties acknowledge and agree that Sercle has no obligation to make any minimum commitment of work, time, or compensation to Therapist. Therapist agrees that Sercle cannot guarantee income as a result of Therapist’s inclusion on the Platform. The parties acknowledge and agree that Sercle does not guarantee any referrals of Members and makes no representations regarding the number or volume of interactions Therapist will have with Members.
Sercle shall obtain Therapist’s consent prior to using the name of Therapist for any marketing activity.
Therapist acknowledges that Sercle may, at any time, conduct or have conducted a background check of Therapist. Sercle reserves the right to conduct further background checks on Therapist at any time, with or without notice and with or without cause.
Therapist will provide immediate written notice to Sercle of any of the following:
- Any charge of a felony or crime involving moral turpitude in a court of competent jurisdiction; or
- Any conviction or plea of guilty or nolo contendere to a felony or crime involving moral turpitude in a court of competent jurisdiction.
Therapist’s Licensure and Fitness
Therapist’s acceptance of this Agreement is an attestation that Therapist is properly and duly licensed to provide Services and is in compliance with all laws, regulations, or other professional governance within Therapist’s Country and state/s of practice. Therapist also agrees that this requirement shall include any law, rule, or other guidance/requirement put forth by any governmental, quasi-governmental, or private entity.
Therapist agrees to provide Sercle with current copies of Therapist’s license upon request. Therapist agrees to undergo any credentialing, licensure verification, and/or professional ongoing monitoring by Sercle or a third-party organization facilitated by Sercle. Therapist will provide immediate written notice to Sercle of any of the following:
- The commencement or resolution of any investigation or proceeding by any licensing authority, or other governmental body or agency;
- Any malpractice action which is commenced, adjudicated or settled; or
- Any change in status of his/her license.
Accurate Representation and Honesty in Dealing
Therapist agrees that at all times he/she will provide correct and accurate representation of his/her skills, degrees, qualifications, background, and other information, whether this information is provided to Sercle, to the Member, and on any form submitted to or presented on the Platform. He/she will also provide the same correct and accurate representation of his/her skills, degrees, qualifications, background, and other information to the Members, including but not limited to, in any kind of communication or providing services to Members.
Therapist agrees not to mislead Members to believe that he/she can provide a service which is outside of Therapist’s field of licensed expertise. Therapist agrees that he/she shall be the person actually performing the Services. Therapist shall not be permitted to substitute personal performance of the Services with another individual without the express prior written consent of Sercle.
Confidentiality and Non-Disclosure
In the course of performing his/her obligations and responsibilities under this Agreement, Therapist may receive business, financial, technical, and other information, which is confidential and proprietary in nature (“Confidential Information”), belonging to Sercle, its Members, or other third parties to whom Sercle has an obligation of confidentiality or non-disclosure. Therapist agrees:
- Not to disclose to a third party or use for any purpose, or reason whatsoever (other than for the benefit of Sercle in connection with the Services provided), in any manner, any Confidential Information without the consent of Sercle except as may be required by any law or regulation; and
- To respect that confidentiality by employing security measures appropriate to the nature of the Confidential Information retained and the means by which that Confidential Information is recorded or stored.
- To dispose of all Confidential Information once no longer needed for treatment, billing, or record keeping purposes.
Therapist shall take all reasonable steps to observe and comply with these restrictions.
No Unlawful or Prohibited Use
As a condition of your use of the Sercle Platform, Therapist warrants that Therapist will not use the Sercle Platform for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Sercle or interfere with any other party’s use of the Platform. Therapist may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform. Specifically, Therapist agrees and commits not to make any use of the Platform for the posting, sending or delivering of any of the following:
- Unsolicited email and/or advertisement or promotion of goods and services;
- Malicious software or code;
- Unlawful, harassing, privacy-invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content, including that sexual in nature;
- Any content that may cause damage to a third party; and
- Any content which may constitute, cause or encourage a criminal action or violate any applicable law.
No Authority to Contract on Behalf of Sercle Inc.
Therapist will not, and will not have the authority to, without the prior written consent of Sercle, enter into any contract or commitment in the name of, or on behalf of, Sercle or bind Sercle in any respect whatsoever, or represent him/herself as a partner, joint venturer, agent, or employee of Sercle.
Therapist will not provide services for any Members presenting with a life-threatening emergency without immediately and concurrently instructing Member to immediately call 911, the National Suicide Prevention Lifeline, or other emergency lifeline.
Regardless of Therapist’s professional and educational training, he/she agrees to never engage in the practice of medicine through the Platform, including, without exception, diagnosing medical conditions and prescribing or dispensing any medications.
Therapist agrees that he/she will not use the protected intellectual property of any individual, organization, or company (including Sercle) during the course of Therapist’s affiliation with Sercle. Protected intellectual property shall include words, descriptions, pictures, images, or any other medium used to sell or advertise goods or services, particularly where there exists the possibility that said words, descriptions, pictures, images, or other medium are copywritten, trademarked, or otherwise subject to any form of intellectual property protections. Therapist will immediately remove or cause to be removed from the Platform any words, descriptions, pictures, or images that violate this clause.
At Sercle’s request, Therapist will forward to Sercle a certificate of insurance verifying that Therapist maintains errors and omissions insurance coverage or professional liability insurance coverage, or commercial umbrella coverage in an amount that Sercle deems sufficient to protect Sercle from loss.
Standard of Care
When using the Platform for the purposes of informing or advertising to the public or Members about the qualifications and services that a Therapist offers, the Therapist must exercise a reasonable standard of care, including confidentiality obligations, as mandated by his/her profession and regulatory agencies.
Therapist will provide all necessary equipment, technology, and/or supplies required to deliver the Services under this Agreement and to maintain records as required by his/her profession and regulatory agencies. Sercle does not provide or maintain any records regarding Therapists or Services and does not maintain any Member records beyond membership records themselves.
Therapist’s Account Security and Usage
Therapist agrees, confirms, and acknowledges that he/she is responsible for maintaining the confidentiality of his/her password and any other security information related to his/her account (collectively “Account Access”). Sercle advises Therapist to change his/her password frequently and to take extra care in safeguarding his/her password. Therapist agrees to notify Sercle immediately of any unauthorized use of his/her Account Access or any other concern for breach of his/her account security.
Therapist agrees and commits not to use the account or Account Access of any other person for any reason. Therapist attests that his/her use of the Platform, including the Services, are made directly by Therapist and that he/she is not using neither the Platform for or on behalf of any other person, organization, or entity.
Under no circumstances will Therapist engage in the sale of any services that are prohibited by federal or state law. Additionally, Therapist agrees that Therapist will not engage in any activity, therapy, or other form of “treatment” that Therapist is not competent to perform, that would not be allowed under Therapist’s license, or under the state law of the state/s wherein Therapist practices.
Termination of Agreement
This Agreement will start on the date written above and will continue until terminated. Sercle may modify, suspend, disrupt, or terminate Therapist’s membership, participation, or access to the Platform at any time, with or without notice, for any or no reason.