Terms and Conditions (Effective October 1st, 2022)
These terms and conditions (the “Terms and Conditions”) govern the use of
chronicler.therapyshelf.com (the “Site”) and store.therapyshelf.com (the “Store”). These entities are collectively recognized as the “Sites.” The Sites are owned and operated by Therapy Shelf LLC. The Site is a progress note software for therapists. The Store is an ecommerce website which sells and manages software subscriptions of the Site.
By using the Sites, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on the Sites is the property of Therapy Shelf LLC and the Sites’ creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of the Sites.
Age Restrictions
The minimum age to use the Sites is 18 years old. By using the Sites, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
Acceptable Use
As a user of the Sites, you agree to use the Sites legally, not to use the Sites for illegal purposes, and not
to:
- Violate the intellectual property rights of the Sites’ owners or any third party to the Sites;
- Hack into the account of another user of the Sites;
- Act in any way that could be considered fraudulent; or
- Save any material that may be deemed inappropriate, offensive, or sensitive as defined by HIPAA.
If we believe you are using the Sites illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to the Sites. We also reserve the right to take any legal steps necessary to prevent you from accessing the Sites.
User Contributions
Users may save the following information on the Site:
By saving information on the Site, you agree not to act illegally or violate these Terms and Conditions.
Accounts
When you create an account on the Sites, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using the Sites illegally or if you violate these Terms and Conditions.
Sale of Goods
These Terms and Conditions govern the sale of goods available on the Store.
The following goods are available on the Store:
∙ Progress note taking software for Therapists.
These Terms and Conditions apply to all the goods that are displayed on the Store at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from the Store at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
Payments
We accept the following payment methods on the Store:
∙ Credit and Debit cards. The Store does not accept a P.I.N., (“Personal Identification Number”) so all debit cards will be run as credit.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Referral Program
Therapy Shelf LLC (“we,” “Therapy Shelf LLC” or “Company”) offers the opportunity for existing customers to refer friends via a Referral Program (“Program”) offered on the Store. The terms and conditions detailed in this section apply specifically to the Program.
- Binding Agreement. By participating in the Program, you are bound by these Terms and Conditions (“Terms”) and indicate your agreement to them. All of the Company’s decisions are final and binding.
- Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with Company’s Privacy Statement, which is available by link on the Store.
- How the Program Works. Once a customer completes their free trial, they are eligible to become a “Referrer,” and will be provided with a unique referral link (“Personal Link”) on the Store, which can be shared with others. The Referrer will receive the benefit advertised on the Store when Referred friends (“Friends”) complete the referral as described on the Store.
- Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company or participate in the Program as “Friends.” Only new customers are eligible to participate in the Program as “Friends.” No user may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program.
Employees of the Company are not able to participate.
- By making a valid referral, you and your Friend will receive a Reward in the form of a percentage discount on your next subscription renewal payment. Rewards cannot be retroactively applied to an order. Restrictions may apply. For example, there may be a limitation on the number of referrals you can make. Rewards are subject to verification. Therapy Shelf LLC may delay a reward for the purposes of investigation. Therapy Shelf LLC may also refuse to verify and process any transaction for any reason.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any user at any time from participation in the Program if they do not comply with any of these Terms.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Therapy Shelf LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Sites.
Indemnity
Except where prohibited by law, by using the Sites you indemnify and hold harmless Therapy Shelf LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of the Sites or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of California.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Therapy Shelf LLC are unable to resolve any dispute through informal discussion, then you and Therapy Shelf LLC agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Therapy Shelf LLC. The costs of any mediation or arbitration will be shared equally between you and Therapy Shelf LLC.
Notwithstanding any other provision in these Terms and Conditions, you and Therapy Shelf LLC agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate the Sites and the way we expect users to behave on the Sites. We will notify users by email of changes to these Terms and Conditions or post a notice on the Sites.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
______________________________________
contact@therapyshelf.com
2108 N ST, STE N, Sacramento, CA 95816
You can also contact us through the feedback form available on store.therapyshelf.com.
Effective Date: 1st day of October, 2022
