Prisma Therapy PLLC Terms of Use Agreement
Effective on October 24, 2023
1. INTRODUCTION
Welcome to Prisma Therapy PLLC. As used in this Agreement, the terms “Prisma,” “us,” “we,” the “Company”, and “our” shall refer to Prisma Therapy PLLC (including subsidiaries and affiliates), as appropriate.
By accessing or using our Services on Prisma (the “Website”), any other platforms, services, or mobile application (the “App”) Prisma may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by, these Terms of Use (the “Terms” or “Agreement”). This Agreement applies to anyone who accesses or uses our teletherapy or other Services, regardless of registration or subscription status.
Your use of our Services is also subject to our Privacy Policy and any other terms disclosed and agreed to by you when you purchase features, products, or services from us, which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not use our Services.
We may modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you agree to regularly check this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of our Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our Services.
2. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIES
By using our Services, you represent and warrant that:
• You are at least 13 years of age;
• You are not prohibited by law from using our Services; and
• You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.
Where consent from a parent or guardian is required to receive therapist services, you hereby confirm that as the consenting parent or guardian, you have the sole right to consent to Services or speak with a therapist for the minor seeking therapy and are not legally mandated to confer with or get consent from any other legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, process, and use of personal information on behalf of the minor. You also agree that consent to use the Services remains valid until membership is canceled.
You agree to:
• Comply with these Terms, and check this page from time to time to ensure you are aware of any change.
• Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti- spam laws, and regulatory requirements.
• Treat other users in a courteous and respectful manner, both on and off our Services.
• Be respectful when communicating with any of our customer care representatives or other employees.
• Maintain a strong password and take reasonable measures to protect the security of your login information.
• Only use Services for their intended purposes.
You agree that you will not:
• Violate these Terms.
• Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity.
• Use the Services in a way that damages the Services or prevents their use by other users.
• Use our Services for any harmful, illegal, or nefarious purpose.
• Harass, bully, stalk, intimidate, assault, defame, harm, or otherwise mistreat any person.
• Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation.
• Use another user’s account.
• Use our Services in relation to fraud, a pyramid scheme, or other similar practice.
• Create a new account after we suspend or terminate your account, unless you receive our express permission. Disclose private or proprietary information that you do not have the right to disclose.
• Encourage, promote, or agree to engage in any activity that violates these Terms.
If at any time you cease to meet these requirements, you must immediately delete your account.
3. CONTENT
While using our Services, you may have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Prisma provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services.
a. YOUR CONTENT
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. You covenant that the information you provide to us or any other user is accurate, including any information submitted through other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
Prisma prohibits you uploading or sharing content that:
• Is likely to be deemed offensive or to harass, upset, embarrass, alarm, or annoy any other person;
• Is obscene, pornographic, violent, or otherwise may offend human dignity, or contains nudity;
• Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred, or bigotry;
• Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
• Is defamatory, libelous, or untrue;
• Involves the transmission of “junk” mail or “spam”;
• Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
• Is inconsistent with the intended use of the Services; or
• May harm the reputation of Prisma.
The uploading or sharing of content that violates these terms may result in the immediate suspension or termination of your account.
b. OUR CONTENT AND SERVICES
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled, or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times. We grant you a limited license to access and use Our Content as provided below, and we reserve all other rights.
Our therapists are independent providers who are not our employees, agents or representatives. Our Services are limited to enabling access to therapists. The therapists themselves are responsible for the performance of their services. If you feel a therapist’s services do not fit your needs or expectations, you should find a different therapist. If a therapist you have been connected with stops using our Services after you have been connected, we will send an email to notify you that your therapist is no longer available through the Services.
While we hope the therapist services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone's needs and that they may not be appropriate for every particular situation and/or a substitute for certain mental health needs that might require in-person therapy services, such as active withdrawal from certain substances or anorexia nervosa.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE SERVICES ARE NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE THERAPISTS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
THE SERVICES ARE NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED THERAPY OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
4. RIGHTS YOU ARE GRANTED BY PRISMA
For as long as you comply with these Terms, Prisma grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Prisma and permitted by these Terms and applicable laws.
5. RIGHTS YOU GRANT PRISMA
By creating an account, you grant to Prisma a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, including any information you authorize us to access from a third-party source (if applicable), in whole or in part, and in any format or medium currently known or developed in the future. Prisma’s license to Your Content is non-exclusive.
In consideration for Prisma allowing you to use our Services, you agree that we and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Prisma regarding our Services, you agree that Prisma may use and share such feedback for any purpose without compensating you.
You agree that Prisma may access, preserve, and disclose your account information, including Your Content, as set forth in its Privacy Policy.
6. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS
Prisma may also offer products and services for purchase via credit card or other payment processors directly in the Service.
You are responsible for all third-party internet access charges and taxes in connection with your use of the Services.
Any language or terms disclosed at time of purchasing subscription are incorporated into this Agreement and if there is any discrepancy, the terms disclosed at time of purchasing subscription supersede the terms in this Agreement.
If you make a purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize Prisma to charge the payment method you provide (your “Payment Method”). Prisma may correct any billing errors or mistakes even if we have already requested or received payment.
You may edit your Payment Method information by using the Settings tool. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, 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.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.
7. TERMINATION
You can delete your account at any time by logging into the Website, going to “Settings”, and following the instructions to cancel your account. Prisma reserves the right to investigate and, if appropriate, (1) terminate your account without a refund if you have violated these Terms, misused our Services, or behaved in a way that Prisma regards as inappropriate or unlawful, on or off our Services, (2) terminate your account with a pro rata refund if Prisma terminates your account without cause.
8. DISCLAIMER
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, PRISMA PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PRISMA DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THERAPIST SERVICES OR THE SERVICES, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY THERAPIST AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICES.
9. DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted 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;
3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have 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; and
6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to 69 North Center Street, Santaquin, UT 84655.
Prisma will terminate the accounts of repeat infringers.
10. ADS AND THIRD-PARTY CONTENT/LINKS
There may be ads on our websites. Services may contain advertisements and promotions offered by third parties and links to other websites or resources. Prisma may also provide non-commercial links or references to third parties within its content. Prisma is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, Prisma is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. Prisma is not responsible or liable for such third parties’ terms or actions.
11. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRISMA, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF PRISMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PRISMA’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO PRISMA FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 10 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
12. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. By using our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute.
13. GOVERNING LAW
Except where our arbitration agreement is prohibited by law, the laws of the State of Utah, excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 12 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Utah governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
15. VENUE
Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in Santaquin, Utah, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with Prisma that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Provo, Utah. You and Prisma consent to the exercise of personal jurisdiction of courts in the State of Utah and waive any claim that such courts constitute an inconvenient forum.
18. ENTIRE AGREEMENT
These Terms, with the Privacy Policy and any additional terms you agree to in the Service, contain the entire agreement between you and Prisma regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Prisma account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Prisma in any manner.
Notice to California Residents:
The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of (marriage and family therapists, clinical social workers, or professional clinical therapists). You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.