Welcome to the Agora Mental Health Network ® website, www.AgoraMHN.com (which we refer to as the “site,” which term also refers to any content, functionality and services offered on or through the site).
These Terms and Conditions of Use (these “terms”) are in place to govern your use of, and access to, the website. When we refer to “you” and “your” in these terms, we are referring to you as a visitor to and user of the site. “We,” “us,” “our” and “Agora MHN” refer to Agora Mental Health Network, LLC. The Terms and Conditions for professional memberships are here.
“Content” refers to information presented on the site, and includes text, data, graphics, images, photographs, video, audio, information, and other information, including information provided in direct response to users’ questions and postings.
1. ACCEPTANCE OF TERMS
YOU SHOULD CAREFULLY READ THESE TERMS. By accessing, browsing, using, or creating accounts on the site, you are creating a binding contract between you and Agora Mental Health Network, LLC, and you acknowledge that you have read, understood, and agreed to be bound by these terms.
We may make changes to the site or these terms at any time. Any modifications will be effective when the changes are posted to the site. You can review the most current version of these terms at any time by accessing the section of the site labeled “Terms of Use” and you are expected to check this page from time to time to take notice of any changes that we make to the site or these terms. You understand and agree that your continued access to or use of the site after any posted modification to these terms indicates your acceptance of the modification, even if you did not take the time to read the modification.
If you do not agree to these terms or to any other policy posted on the site, you should not access or otherwise use the site.
2. ABOUT THE SITE
The site is an online service provided by Agora MHN that provides access to information about mental health professionals. Agora MHN does not provide medical or health advice, and does not endorse or recommend any mental health professionals, but instead offers access to information provided by practicing psychiatrists, psychologists, therapists, counselors, and other mental health providers (collectively referred to as “Providers”). Agora MHN obtains information from Providers to help consumers make informed choices in their search to independently assess mental health professionals.
Information on the site is free of charge to consumers, and is offered to the public for non-commercial use.
Agora MHN does not endorse or recommend any Provider listed or accessible through the site. We make no guarantees, representations or warranties (express or implied) with respect to professional qualifications, expertise, quality of work, price or cost information, insurance coverage or benefit information, or other content provided through the site. At the initiation of their membership with AgoraMHN, Providers attest, and we verify, that they are licensed and in good standing with the body that regulates mental health profession in their state. However, we strongly encourage you to verify that any Provider you choose is still both licensed and in good standing with their state's licensing body.
3. AGORA DOES NOT PROVIDE MEDICAL ADVICE
Agora MHN is not a provider of mental health or medical advice, and no content or other information contained on the site should be construed as mental health, medical and/or health advice. Always seek the advice of your mental health professional, physician or other qualified healthcare or mental health provider for answers to any questions you may have regarding a medical or health related condition. None of the content, other information contained on Agora MHN, or any other service offered by or through the site is intended to be relied upon for mental health or medical diagnosis or treatment. Never disregard mental health or medical advice or delay in seeking it because of something you have read on the site. Do not use the site for emergency medical needs.
4. NO PROVIDER/PATIENT RELATIONSHIP
No Provider/patient relationship will be created by your use of the site or any content.
We have no control over, and cannot guarantee the availability of, a particular Provider at any particular time. You agree to assume all responsibility in connection with choosing any Provider, whether or not you obtained information about such Provider on or through the site. You specifically acknowledge and agree that Agora MHN is not responsible or liable for any advice, treatment or other services rendered by any Provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
Any dispute between you and any Provider arising from any transaction must be resolved directly between you and the Provider, without involving and without liability to us.
5. THE SITE IS AN INFORMATIONAL RESOURCE ONLY
Providers listed through the site enter into contracts with us, and may pay us a fee in order to be marketed through the site. We provide you with lists and/or profile previews of Providers who may be able to provide the healthcare services you seek based on the information that you provide to us, and on other criteria, such as Provider availability. The content we provide is presented in summary form, is general in nature, and is provided for informational purposes only. Any medical-related content included on the site comes from our Providers; this includes information about the Provider and information about any procedures, products, mental health services, and devices. We have no obligation to have any content that is provided to us (whether by Providers or users) reviewed or verified, we do not guarantee the timeliness, accuracy, or completeness of any content, and we will not be responsible to you for any errors or omissions or for the results obtained from your use of any content.
Agora MHN does not recommend or endorse any particular Provider whose information appears on the site, and does not make any representations or warranties with respect to any particular Provider or the quality of service they may provide. Rather, the site is only a "conduit" or intermediary that makes the aforementioned content regarding Providers available to users. No content or other information contained on the site should be construed as an endorsement of a particular Provider. The content and other information on the site include statements of opinion, which are not statements of fact or Agora MHN's recommendations to utilize the services of any specific Provider. You should obtain any additional information necessary to make an informed decision prior to selecting and using any specific Provider.
6. CERTAIN PROVIDER RESPONSIBILITIES
The site is for the personal, non-commercial use of consumers.
If you are a Provider, or other person or entity in the healthcare or medical industry, you acknowledge and agree that (a) you will not use the site to view, access, or use any price, availability, or other content for any purpose other than your own personal use as a patient or prospective patient; (b) you will not use the site to establish or enforce any agreement or coordination of the prices charged for any product or services, or otherwise attempt to engage in any price fixing, output restriction, or customer or market allocation; and (c) you will not otherwise use the site to engage in any anti-competitive, deceptive, or unfair practices, or otherwise violate applicable antitrust, competition, or consumer protection laws or regulations.
7. USER IDS AND PASSWORDS
Access to certain areas of the site may become limited by a user identifier ("User ID") and password, which are selected and/or supplied by you as part of registering for a service account via the site. By registering an Agora MHN account, you represent, warrant and agree that: (a) you are at least 18 years of age, (b) you are using your actual identity, (c) you have provided only true, accurate, current and complete information about you during the registration process, and (d) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
By logging onto an Agora MHN account using a password, you represent, warrant and agree that you are authorized to use such password and to engage in the activities that you conduct thereunder. Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password to or with any third party. You further agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will be solely responsible for any activities conducted on or through the site in connection with your User ID and password regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your computer.
If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify Agora MHN immediately by sending an e-mail via https://www.agoramhn.com/contact.
8. E-MAIL
We use e-mail as a vital and primary communication channel with you. By using the site, if you provide us with an e-mail address, such as when creating an account or by using the “Contact Us” or similar features of the site, you grant us permission to communicate with you by e-mail for any purposes related to your use of the site, including for any disclosures, system messages and other marketing purposes. We will use our best efforts to honor any request to opt out of marketing messages, but under no circumstances will we have any liability for sending you any e-mail.
You agree that any notice, agreement, disclosure or other communication that we send you by e-mail will satisfy any legal communication requirements, including that such communication be in writing.
9. USER SUBMISSIONS
Certain features of the site allow you to provide comments and feedback regarding the site. Content provided by our users, including all comments, feedback, reviews, ideas, suggestions, materials, images, information and other submissions, are referred to as “Submissions.”
All Submissions must comply with our Acceptable Use Requirements, which are described below in these terms. You are solely responsible for all of your Submissions, and assume all risk associated with your Submissions, including anyone else’s reliance on the quality, accuracy, or reliability of any Submission. We are not obligated to retain or provide you with copies of your Submissions.
You understand that all Submissions disclosed, submitted or offered to us will not be treated as confidential, and you agree that you will not provide any Submissions that include any confidential or proprietary information.
You are solely responsible for any Submissions you disclose, submit or offer to us or that are disclosed, submitted or offered to us through any person accessing the site on your behalf or utilizing your account.
You understand and agree that we have the right, but not the obligation, to release, publish and/or use any Submissions, any part thereof, in our discretion and for any purpose, including without limitation advertising and promotional activities, product development, and/or any other commercial purposes, without any right of compensation to you or any third party.
10. ACCEPTABLE USE REQUIREMENTS
You agree not to engage in any unacceptable use of the site. Without limiting that general requirement, you agree that you will not, directly or indirectly:
Submit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Impersonate any person or entity (including any agent of Agora MHN), or falsely state or otherwise misrepresent your affiliation with any person or entity (including any Provider);
- Create a false identity, or otherwise attempt to mislead any person as to the identity or origin of any communication, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content;
- Post any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, investment opportunities, or any other form of solicitation;
- Post any content that you do not have a right to post, whether by law or under any contractual or fiduciary relationship (such as proprietary or confidential information learned or disclosed as a part of an employment relationship or under a nondisclosure agreement);
- Post any content that would violate any law; or
- Engage in any other activity that we deem in our sole discretion to be in conflict with the spirit and intent of these terms.
In addition, you understand and agree that the site and all content and Submissions are to be used only for your personal, non-commercial evaluation of Providers. Without limiting that general statement, you agree that you will not:
- Accumulate or index, directly or indirectly, any content or portion of the site (including Provider and practice information, appointment availability, price information, and insurance information) for any purpose whatsoever;
- Use the site to compile mailing lists or other lists of Providers for commercial purposes;
- Use the site to establish independent data files or otherwise amass statistical information;
- Use the site in violation of any applicable laws or regulations;
- Publish or distribute in any medium any information contained on the site, and/or summaries or subsets thereof, to any person or entity; or
- Otherwise use Agora MHN for any purposes other than those intended by Agora MHN, as determined by Agora MHN in our sole discretion.
Further, you understand that the site strives to protect its security and integrity and those of its users. You therefore agree that you will not:
- Attempt to access or access any other user's account;
- Attempt to obtain or ascertain any other user's user name, password and/or personal information by any means whatsoever;
- Attempt to elude Agora MHN's security systems;
- Attempt to gain access or gain access to Agora MHN in a fraudulent manner; or
- Upload or submit any content containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
We reserve all rights to monitor the site for any reason, including to evaluate whether any Submissions posted on the site are, in our sole discretion, consistent with these terms. However, we assume no responsibility or liability arising from any Submissions. We are under no obligation to enforce these Acceptable Use Requirements, or any other part of these terms, on your behalf against another user. You understand that by using the site, you may be exposed to content that may offend you. Your sole remedy is to avoid such content.
We may suspend or terminate your access to the site at any time, with no liability to you, including if we are investigating any suspected noncompliance with these terms.
11. LINKS TO OTHER WEB SITES
We and others may provide links to web pages, web sites, and various resources or locations on the web (collectively, “Third Party Sites”). Links to Third Party Sites are provided only for the convenience of users of the site. We do not operate, control, endorse or guarantee any Third Party Sites. When you access any Third Party Site through a link posted on the site, please carefully read the terms and conditions of use, privacy policy and other policies of such Third Party Site. Our policies do not apply to any Third Party Site.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.
12. INTELLECTUAL PROPERTY
The site is owned by us, and you agree that, as between you and us, we own or otherwise have all proprietary rights to all content included on the site. We also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the content and the site, which are protected by applicable intellectual and proprietary rights and laws.
You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any content without our prior express written consent. You are permitted to use view, print or download any content from the site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You have a limited, non-exclusive and non-transferable license solely to view, print and download content from the site solely for such limited permitted personal use. Any unauthorized use of the site and the content immediately and automatically without further action terminates this license.
“AGORA MENTAL HEALTH NETWORK,” and all related names, logos, products and service names, designs and slogans are trademarks of Agora Mental Health Network, LLC. You may not use such marks without our prior written permission. Further, you may not use any metatags, meta elements, "hidden text" or other equivalents using the names "Agora MHN”, "Agora Mental Health Network", “Agora Mental Health Network, LLC”, “www.agoramhn.com” or any other colorable equivalent without our prior written authorization.
You will not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the site.
13. COPYRIGHT COMPLAINTS
We take claims of copyright infringement seriously. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.
The Digital Millennium Copyright Act, 17 U.S.C. Section 512, as amended (the “DMCA”), provides a complaint procedure for copyright owners who believe that any materials on the site infringe their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the site, you may request removal of those materials (or access thereto) from the site by submitting written notification to our Copyright Agent (designated below). To comply with the DMCA, your written notice must include the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
These requirements must be followed to give us legally sufficient notice of infringement. Our Copyright Agent to whom you should send copyright infringement complaints is:
Adrienne W. Chan
Stevens & Associates, P.C
200 West Superior Street
Suite 410
Chicago, IL 60654
We strongly suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA. For example, if you knowingly materially misrepresent that material or activity on the site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
14. INDEMNITY
You agree to indemnify and hold us, and our directors, officers, affiliates, volunteers, agents, employees, licensors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post to, or transmit through the site, your use of the site, your violation of these terms or your violation of any rights of any third party.
15. DISCLAIMER
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
AGORA MHN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE SITE OR ANY OF THE CONTENT WILL ASSIST YOU IN IDENTIFYING A SUITABLE PROVIDER OR FOR ANY OTHER PURPOSE. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. AGORA MHN IS A CONDUIT FOR INFORMATION REPRESENTED TO IT BY ITS PROVIDERS, ONLY. AGORA MHN DOES NOT ENDORSE, AND NOTHING ON THE SITE SHALL BE DEEMED TO BE AN ENDORSEMENT, REPRESENTATION OR WARRANTY OF ANY PROVIDER OR OTHER THIRD PARTY.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH PROVIDERS LISTED ON THE SITE. YOU UNDERSTAND THAT AGORA MHN DOES NOT CONDUCT BACKGROUND CHECKS, VERIFY MEDICAL LICENSURE, OR PERFORM SCREENINGS OF ANY KIND REGARDING THE PROVIDERS THAT ARE LISTED ON THE SITE. AGORA MHN ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OA AN OF ITS PROVIDERS OR ATTEMPT TO VERIFY THE INFORMATION PROVIDED TO IT BY ANY PROVIDER. AGORA MHN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS LISTED PROVIDERS OR THEIR SUITABILITY TO PROVIDE ANY MENTAL HEALTH SERVICES. AGORA MHN DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO ANY CONDUCT OR OMISSION BY ANY PROVIDER, AGREEMENTS YOU MAY MAKE WITH OR PRODUCTS OR SERVICES YOU OBTAIN FROM PROVIDERS OR ANY OTHER THIRD PARTIES WHO OFFER SERVICES ON OR THROUGH THE SITE, AND YOU AGREE TO LOOK SOLELY TO SUCH PROVIDERS AND THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.
TO THE EXTENT PERMITTED BY LAW WE MAKE NO PROMISE AS TO THE SITE, OR THE CONTENT, THEIR COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, PROPRIETY, SECURITY OR RELIABILITY. YOUR ACCESS AND USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK.
16. LIMITATIONS ON LIABILITY
AGORA MHN WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. AGORA MHN WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE AND THE CONTENT OR ANY SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY AGORA MHN OR BY AN AUTHORIZED AGORA MHN REPRESENTATIVE, OR AN AUTHORIZED AGORA MHN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THAT SAID, AGORA MHN'S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO AGORA MHN, IF ANY, TO ACCESS OR USE THE SITE.
17. PRIVACY NOTICE
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Notice [www.AgoraMHN.com/privacy-policy], for more information on the collection and use of information on the site. The Privacy Notice is incorporated into these terms, and therefore applies to your access to and use of the site.
18. GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER
The laws of the State of Illinois (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these Terms shall be brought solely in the City of Chicago, State of Illinois. YOU AND AGORA MHN HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF USE. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
19. INJUNCTIVE RELIEF
In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
Last Updated: 3-30-2016