Last Updated: February 17, 2022
2. Use of Services
The Service is intended to provide users with general information. We do not recommend or endorse any specific professionals, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any information provided by us, our employees, providers, or others appearing on our Service is solely at your own risk.
3. Rules of Conduct
a.) Posting Rules:
i.) Materials you post to the Service (“Materials”) includes content that users submit, transmit to, through, or in connection with the Service, such as professional experience, certifications, blog posts, and information users publicly display on the Service. Materials may not contain: (1) URLs or links to websites that compete with the Service; (2) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (3) trade secrets (unless you own them or have the owner's permission to post them); (4) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (5) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (6) anything that is embarrassing or offensive to another person, group or entity.
ii.)You may not use Materials to: (1) impersonate another person, living or dead; (2) post false, inaccurate or misleading information; (3) except as provided in your directories of your own services, if applicable, post advertisements or solicitations of business; (4) post opinions or notices, commercial or otherwise, that are irrelevant to the services being offered, if applicable.
iii) Materials that encourage our users to "email for more details" are not permitted. Materials from any third party charging a fee are not permitted.
iv) We are under no obligation to monitor the materials posted on the Service by users. We have no control over and cannot guarantee the availability of any therapist, or guarantee a particular therapist’s office hours. We will not be liable for canceled or otherwise unfulfilled appointments or any injury resulting therefrom. If we are notified by a user that any Materials on the Service violates these rules, we may investigate and determine in good faith whether we agree with such allegation, in which case we may remove or request the removal of user materials. We are not required to make any such investigation or to remove any user materials, and we will not be liable to any user for taking or not taking such actions.
b.) Conduct Rules:
i) You may not respond to postings by other users in any manner or for any purpose other than that which is expected. Responses soliciting business are prohibited.
ii) You may not send (or encourage or help others to send) unsolicited commercial email to our users.
iii) Report inappropriate postings or conduct to email@example.com.
iv) You may not delete or revise any material posted by any other person or entity.
v) Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Service is prohibited.
vi) We are under no obligation to monitor the conduct of our users, but we may investigate and respond when violations are reported.
c.) Security Rules:
i) Users are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (2) using manual or automated software, devices, scripts, robots, or other means to access, “scrape,” “crawl,” or “spider” any webpages, database records, or other services contained in this site; (3) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (4) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Service, overloading, "flooding", "mailbombing", "crashing" or attempting to disassemble or reverse engineer any of the software used to provide the Service; (5) sending unsolicited e-mail, including promotions and/or advertising of products or services.
ii) Violation of these Security Rules may result in civil or criminal liability. We will cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
d.) Registration Rules:
ii.) We will assign a user name and password that you create. You may not share your account, username or password with anyone else, and you will be responsible for the actions of anyone who obtains your user name and/or password and uses them to access the Service. You must notify us immediately of any unauthorized use of your user name and password.
iii) We reserve the right to decline to include any person or group on the Service for any reason whatsoever. If at any time during the term of this agreement we come to the understanding that you: (1) misled us as to your business practices and/or services, or (2) seeking, soliciting and/or promoting services for which the Service is not intended, we reserve the right to terminate your account. We may terminate your account and/or your access to the Service at any time if we deem in our sole discretion such to be necessary or appropriate.
4. Payments and Cancellations
This section only applies to individual providers and group practices who purchase a “Paid Subscription” which includes a “Popular Plan” and “Premium Plan.”
a) Billing: You may purchase a “Paid Subscription” directly from this Service by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Service for a specific time period (“Pre-Paid Period”). We will automatically bill you from the date you convert to a Paid Plan and on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we will charge tax when required to do so.
ProtoCall Services may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Subject to applicable law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by cancelling from the Paid Subscription prior to the price change going into effect.
b) Renewal; Cancellation: Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to ProtoCall Services will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. We do not provide refunds or credits for any partial subscription period. If you do not pay for your Paid Plan on time, we reserve the right to suspend it or remove Paid Plan Features.
5. TSS Mental Health Support Line
The Premium Plan includes the “TSS Mental Health Support Line.” We strongly recommend that you place an outgoing message on your phone system to educate your clients as to the services available from ProtoCall. If you purchase and utilize the TSS Mental Health Support Line, you agree to:
Use the unique Toll Free number issued to you by ProtoCall to forward your published number.
Not publish the unique Toll Free number issued to you by ProtoCall
Advise your clients the service is only for active clients of yours and not for inactive clients.
Access and respond as you deem appropriate to call documentation provided to you by ProtoCall.
Provide ProtoCall with any information regarding individual clients that you deem necessary to ensure consistent treatment and caller safety.
Acknowledge and understand that the services ProtoCall provides are confidential in accordance with applicable State and Federal laws and regulations.
Acknowledge and understand that ProtoCall will take reasonable and appropriate action in the event of emergency situations.
Acknowledge and understand that as mandated reporters, ProtoCall staff may need to make suspected or alleged abuse and/or neglect to vulnerable persons in the State in which the alleged or suspected abuse and/or neglect took place.
5. Rights Reserved
a) If you are not party to a separate license Agreement with the Company,
we hereby grant you a limited, terminable, non-exclusive right to access
and use the Service only for your personal use.
to all materials on the Service, including, without limitation, written
content, blog posts, graphical and design elements (including the Service’s
“look and feel”), and service marks and trademarks. By submitting Material
to any area of the Service, you automatically grant, or warrant that the
owner of such material has expressly granted, to us the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in whole or
in part) worldwide and/or to incorporate it in other works in any form,
media or technology now known or hereafter developed for the full term of
any copyright that may exist in such Material. You may not sell, transfer
or assign any products or services or your rights to any products or
services provided by us to any third party without our express written
authorization. You may not copy, modify, alter, or excerpt (or encourage or
help others to copy, modify, alter, or excerpt) the Service materials. You
may not use (or encourage or help others to use) the Service for any
convey any right, title or interest to you in any materials on the Service,
including, without limitation, any statutory or common law copyright,
patent or other intellectual property right in such materials.
a) We make no representations or warranties whatsoever regarding the Service or any materials on the Service. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE. WE MAKE NO WARRANTY THAT THE WEBSITE’S SERVICE WILL BE UNINTERRUPTED, THE WEBSITE’S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
b) The Service is not intended to be a substitute for professional advice. The Company does not offer or give therapy, medical advice or diagnostic services. The Company solely offers a platform for therapists and users to connect online and for users to obtain information to determine whether such user would like to engage the services of any therapist. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Service. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on this Service.
c) You are solely responsible for the content you post to the Service and/or any referrals made or received through the Service and any consequences arising from such posting. We assume no responsibility for materials posted by our users or any other actions, conduct or omissions of our users. We act as a service provider for users to display content connected to the professional services they offer. We do not undertake responsibility for screening or monitoring our users’ materials. The opinions expressed by users are their own and are not our opinions or endorsed by us.
d) Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Service (a "Third-Party Site"). We may offer links to, or incorporate into the Service, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a Third-Party Site, since such sites are owned and operated by others. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any Third-Party Site. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a Third-Party Site. We strongly encourage users to make their own investigation of Third-Party Sites before proceeding with any transaction with such third parties.
e) We do not endorse, and nothing on the Service shall be deemed to be an endorsement, representation or warranty of, any third party, whether in relation to such third party’s products, services, websites, experience or background or otherwise. We do not make any representations or warranties with regard to any materials posted by our users. The information in our directories is provided exclusively by participating professionals. We have made good faith, reasonable efforts to verify the name, contact details and licensure status of the professional at the time such person joined the Service. We verify the information at the time a professional is initially listed in our directory.
f.) Your use of the Service, the Internet, any materials on the Service and your conduct online or offline are at your own risk.
8. Limits of Liability
B) THE LIABILITY OF US AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TO YOU OR TO ANY OTHER PERSON FOR DIRECT DAMAGES SHALL BE LIMITED TO US$100.
C) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NON-DIRECT DAMAGES, THE LIMITATIONS IN PARAGRAPH (A) ABOVE MAY NOT APPLY TO YOU, BUT IN SUCH CASE, THE LIMITATIONS IN PARAGRAPH (B) SHALL APPLY TO BOTH DIRECT AND NON-DIRECT DAMAGES.
We respect the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512.
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
d) Information reasonably sufficient to permit us to contact the complaining party.
e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Governing Law and Jurisdiction/Waiver of Jury Trial
12. Contact Us