5. CONTENT

All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Therapist Ratings, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Therapist Ratings Web site. No user shall transmit Content or otherwise conduct or participate in any activities on Therapist Ratings that, in the judgment of Therapist Ratings, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.

Registered users who contribute Content to Therapist Ratings agree, through the use of this service, that the user will not use the service to post any form of review that is knowingly libelous, defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation of any law.

Therapist Ratings reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, Therapist Ratings shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. Therapist Ratings, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Therapist Ratings to protect the rights, property, or personal safety of Therapist Ratings ' users and the public. Therapist Ratings does not control the Content posted to the Therapist Ratings and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Therapist Ratings be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via Therapist Ratings .

Each user, by using Therapist Ratings , may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

6. LICENSING AND OTHER TERMS APPLYING TO CONTENT:

Use, reproduction, modification, and other intellectual property rights to data stored on the Therapist Ratings will be subject to licensing arrangements that may be approved by Therapist Ratings as applicable to such Content.

With respect to text or data entered into and stored by publicly-accessible site features such as reviews, forums, and ratings ("Therapist Ratings Public Content"), the submitting user retains ownership of such Therapist Ratings Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by Therapist Ratings. In each such case, the submitting user grants Therapist Ratings the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.

7. NO RESALE OF SERVICE

You agree not to sell, resell, or offer for any commercial purposes, any portion of Content or access to Therapist Ratings.

8. GENERAL PRACTICES REGARDING USE AND STORAGE

Therapist Ratings may establish general practices and limits concerning use of the Therapist Ratings. While Therapist Ratings will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Therapist Ratings has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Therapist Ratings Web site. Therapist Ratings reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. Therapist Ratings reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.

9. TERMINATION

Therapist Ratings may terminate a user's account in Therapist Ratings's absolute discretion and for any reason. Therapist Ratings is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an Therapist Ratings Web site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (5) as required by law, regulation, court or governing agency order.

Therapist Ratings's termination of any user's access to any or all Therapist Ratings may be effected without notice and, on such termination, Therapist Ratings may immediately deactivate or delete user's account and/or bar any further access to such files. Therapist Ratings shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. Therapist Ratings reserves the right to delete, or not delete, a user's account at Therapist Ratings's sole discretion, as well as to delete, or not delete, content at Therapist Ratings's sole discretion.

10. LINKS

Therapist Ratings, any Therapist Ratings Site or a third party may provide links to other websites. Therapist Ratings exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Therapist Ratings shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.

The Therapist Ratings Privacy Policy is applicable only when you are on an Therapist Ratings Web site. Once you choose to visit another Web site from a link on Therapist Ratings, you should read that Web site's privacy statement before disclosing any personal information.

11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY

Each user shall indemnify, defend and hold harmless Therapist Ratings, and its parent corporation and affiliates and their respective officers, employees and agents, and each of Therapist Ratings's Web site partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the Therapist Ratings ; his or her submission, posting or transmission of Content or his or her violation of the Terms.

EACH USER'S USE OF THE THERAPIST RATINGS SITES IS AT HIS OR HER SOLE RISK. THE THERAPIST RATINGS SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THERAPIST RATINGS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THERAPIST RATINGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, THERAPIST RATINGS MAKES NO WARRANTY THAT (i) THE THERAPIST RATINGS SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF THERAPIST RATINGS'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THERAPIST RATINGS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THERAPIST RATINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY THERAPIST RATINGS SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE THERAPIST RATINGS SITES; OR ANY OTHER MATTER RELATING TO THE THERAPIST RATINGS SITES. IN NO EVENT SHALL THERAPIST RATINGS'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED terms,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN THERAPIST RATINGS AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, THERAPIST RATINGS DOES NOT AND CANNOT CONTROL THE ACTIONS OF THERAPIST RATINGS SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THERAPIST RATINGS SITES. OPERATION OF THERAPIST RATINGS SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY THERAPIST RATINGS.

12. GENERAL INFORMATION

The Terms constitute the entire agreement between each user and Therapist Ratings and govern each user's use of Therapist Ratings , superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and Therapist Ratings shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Essex, Massachusetts. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.