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These terms of service are entered into by and between you and Thrizer, Inc. ("Company,""we," or "us"). The following terms and condition, together with any documents they expressly incorporate by reference(collectively, "Terms of Service"or “ToS”), govern your access to and use of https://app.thrizer.com,including any content, functionality, and services offered on or through https://app.thrizer.com(the "Website"), whether as a guest or a registered user.
Please read the Terms of Service carefully before you start using the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Website.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website and the Service thereafter.Your continued use of our Service following the amendment and revision of these Terms of Service means that you accept and agree to the changes.
Right to amend the Service
We reserve the right to withdraw or amend this Website and the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Service is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts or the entire Website or Service.
User Access
User is responsible for: (i) Making all arrangements necessary to you to have access to the Website, and (ii) Ensuring that all persons who access the Website through the User’s internet connection are aware of these Terms of Service and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Security of username and password
Once you obtain a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Right to disable username and password
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at anytime in our sole discretion for any or no reason if, in our opinion, you have violated any provision of these Terms of Service.
Termination of access
User account is a privilege and exists and is maintained entirely at our discretion. At any time, with or without cause, we may terminate/suspend your account(s) if we deem doing so to be necessary. You hereby agree to release us now and forever from any liability incurred by you as a result of our termination/suspension of your account(s)and to indemnify, defend and otherwise hold us harmless for any liability, claims, damages, liens, penalties, fines or fees (including attorney’s fees and/or accounting fees) which we incur or are brought against us by any party as a result, either directly or indirectly of our decision to terminate your account(s). You acknowledge that without limitation, grounds for termination of your account(s) may include any violation of these Terms Of Use by Client or any party using your account, the order/request of any regulatory, investigatory, law enforcement, government or judicial agency/entity.
Intellectual Property Rights Ownership
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by UnitedStates and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Limited license to use
These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Restrictions
You must not:
Terms of Service breach
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to theWebsite or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms ofService and may violate copyright, trademark, and other laws.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
Additionally, you agree not to:
User Contributions defined
The Website may contain interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials(collectively, "User Contributions")on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
License to User Contributions
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.
User representations and warranties
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY ORLAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website or any of the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Website or any party of theServices controlled by us by submitting written notification to our Copyright Agent (designated below), which must include substantially the following:
Our designated Copyright Agent to receive such written notifications is: Raunak Sharma
Email: raunak@thrizer.com
With a copy to: info@sutterlegal.com
If you fail to comply with all of the requirements ofSection 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Provider account requirements
Providers shall be entitled to use the Website and the Services upon establishing an account with us and successfully completing the account verification process. To be able to register an account with us, Providers must be accredited, trained, and experienced licensed psychologists (PhD / PsyD), licensed marriage and family therapists(LMFT), licensed clinical social workers (LCSW), licensed professional Providers(LPC), or have similar applicable recognized professional certifications recognized in their state and/or jurisdiction. Providers must have a relevant academic degree in their field and must be qualified and certified by their respective professional board after successfully completing the necessary education, exams, training and practice requirements as applicable.
Establishing an account
Only one person [and/or entity] may be an account holder of a Provider account and subsequently provide access to the account to employees or contractors of Provider, who should obtain separate usernames and passwords. Provider is responsible for the maintenance of the account and for all activities conducted through the Provider account.
Business Associate Agreement
In order to comply with HIPPA requirements, Provider and Company agree to execute and be bound by the Company's Business Associate Agreement, which is available here.
Account Creation
To establish a Client account with us, Client will be prompted to complete a website registration form. Client agrees to provide true, accurate, current and complete personal information when completing this form as well as to maintain and promptly update the registration information to maintain its currentness and accuracy (including maintaining current bank account information and current and up-to-date insurance coverage).If you provide any information that is untrue, inaccurate, offensive, not current or incomplete (including outdated insurance plans), or we have reasonable grounds to suspect that such information is untrue, inaccurate, offensive, not current or incomplete, we have the right to suspend or terminate your account(s) without notice to you and to refuse any and all of your current or future use of the Website and the Application.
Client account age restrictions
You are not permitted to create a Client account with us if you are younger than [13] years of age. When you create a Client account you certify that you meet this age requirement. If you do not meet this age requirement but you still create an account, or if we suspect you do not meet this age requirement, we will consider you in violation of these Terms of Use and may terminate your account(s) immediately without prior notice to you. During the process of account registration, you may be asked to further certify that meet this age requirement.
Providers and Clients will be entitled to use the Website and the Services upon subscription and selection of an applicable subscription and/or payment plan currently posted on the Website. We may offer different subscription and/or payment plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered subscription plans upon notice. Such notice maybe provided by an e-mail message to the e-mail you have provided upon creating your account. All fees are exclusive of all applicable government, state, provincial, municipal or other taxes which you agree to pay based on where you are primarily domiciled. In addition to any fees charged by Company, you may still incur charges incidental to using our products or services, for example, charges for Internet access, data roaming, and other data transmission charges.
Billing
Upon subscribing to the Services and providing or designating a payment method, you authorize us to charge your payment method a one-time fee or on monthly or yearly basis (depending on your subscription plan) at the then current rate, and any other charges you may incur in connection with your use of our services. You acknowledge that the amount billed each billing period may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your selected method of payment for such varying amounts, which may be billed in one or more charges.
The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each month or year thereafter unless and until you cancel your subscription. You authorize us to store your payment method(s) and to automatically bill your payment method each billing period on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your payment method has not successfully settled.
Amending the method of payment
You may edit your payment method information by logging into your account. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or other charges. Check with your payment method service provider for details.
Cancellation and Refunds
You may cancel your subscription to our services at any time, and you will continue to have access to the services through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS. Please e-mail your cancellation requests to help@thrizer.com.If you cancel your subscription, your account will automatically close at the end of your current billing period.
Taxes
You are responsible for paying all taxes associated with the subscription to our Services. All fees payable to us shall be made free and clear of and without deduction or withholding for any taxes.If you are required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, we receive an amount equal to the sum we would have received had no such deduction or withholding been made.
Back charges
Company reserves the right to back charge or retroactively bill Clients for any transactions where the Company advanced payments on behalf of the Client which were not covered by the Client’s insurance company or just partially covered, or later denied by the insurance provider for any reason, including but not limited to changes in coverage, claim denials, coordination of benefits, or errors in insurance verification(i.e. floated funds).
We may initiate such back charges at any time following the date of service received by Client from a Provider, and Client should remain fully responsible for payment of any outstanding balance. Client's obligation to pay floated funds is not contingent upon the outcome of any insurance appeal, dispute, or reconsideration.
Client balances
In the event a Client has been reimbursed by the Client’s insurance provider but has not connected a bank account to their profile and therefore unable to receive the reimbursement, the reimbursed funds will be held in the Client’s balance. Client may withdraw the available funds at any time by connecting a valid bank account to their profile and submitting a request for withdrawal. Such Client balances are not interest bearing and remain a property of the client.
For avoidance of any doubt, the Company is not a financial institution, we do not provide and do not intend to provide financial advice and services of a financial institution; therefore, the Company is not subject to the regulations applicable for financial institutions.
Linking to the website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such away as to suggest any form of association, approval, or endorsement on our part without our express written consent. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
Social media
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Unauthorized framing or linking
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and anylinks at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ONAN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANT ABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TOUSE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY,PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSSOF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OFDATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless theCompany, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
All matters relating to the Website and these Terms ofService, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule(whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of theState of California in each case located in the City of San Francisco and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Website and theServices, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American ArbitrationAssociation applying California law.
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Terms of Service, and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and theServices and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
This website is operated by Thrizer, Inc., 548 MarketStreet, PMB 82051, San Francisco, CA 94104.
All notices of copyright infringement claims should be sent to the copyright agent designated in ToS in the manner and by the means set outherein.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: help@thrizer.com.
