Effective Date: March 16th, 2021
Monarch is owned and operated by SimplePractice, LLC (“SimplePractice” or “Us” or “We” or “Our”). These Terms of Use (referred to as the “Terms”) govern your use of the Monarch website and the services offered through the website (together, the “Services”).
SimplePractice offers a variety of other services, some of which are not related to Monarch. These other services may be governed by their own Terms of Service or agreements. These Terms do not govern your use of other SimplePractice services which are not provided through the Monarch website.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: These Terms include a binding arbitration clause and a class action waiver that affect your rights and dictate procedures for resolving disputes with us. Please read Section 20 carefully.
These Terms are governed by the Electronic Signatures in Global and National Commerce Act. BY ACCESSING OR USING THE SERVICES AND/OR SIGNIFYING YOUR ACCEPTANCE TO THESE TERMS, YOU AGREE TO THE TERMS OF THIS ELECTRONIC AGREEMENT.
By accepting these Terms, you represent that you are at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has a different age of majority, and you have the legal authority to contractually agree to these Terms. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND YOURSELF TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
We may modify these Terms by notifying you as provided in Section 32 below. By continuing to access or use the Services after the effective date of any such change, you agree to be bound by the modified Terms. We suggest that you print a copy of these Terms for your records.
OUR SERVICES ARE INTENDED FOR REFERENCE AND EDUCATIONAL PURPOSES ONLY. While we hope you find useful the information available through the Services, we do not intend the information to be complete or exhaustive, or to provide any medical advice, diagnosis, or treatment.
When using the Services, please be aware of the following healthcare-related disclaimers that apply to the Services:
You must be 18 years of age or over, or of the age of majority in your jurisdiction to use the Services. Parents or legal guardians of a minor under the age of 18 may use the Services on behalf of such minor child. By using the Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and are authorized to use the Services on that child’s behalf.
To help you find providers who may be suitable for your needs, we make available a list of providers from different locations and with different experiences and specialties. You may use the search function to find providers. It is your sole responsibility to find a provider that fit your criteria and your healthcare needs.
We do not take steps at this time to verify that providers listed on the Services hold certain active licenses, certifications, or registrations as required by law to practice the specialties of services offered by them on the Services. We also do not verify the providers’ history, the insurance they accept, or the appropriateness of the providers for you or your circumstances or diagnosis. YOUR SELECTION OF A PROVIDER IS AT YOUR OWN RISK.
We do not recommend or endorse any providers, and do not make any representations or warranties with respect to these providers or the quality of the services they may provide. We cannot guarantee that each provider listed on the Services are qualified or licensed to provide the services you request or the services they represent they can deliver.
Please note that some providers listed on the Service enter into contracts with us and may pay us a fee in order to be marketed through or to use the Services. We may, in our discretion, exclude providers from the Services who have engaged in inappropriate or unprofessional conduct.
Your privacy is important to us. Please review our Privacy Policy for more information regarding how we may collect, use, and share your personal information when you use the Services.
Intellectual Property Rights
SimplePractice owns Intellectual Property Rights in and to the Services, including Monarch websites, Servers, trademarks, service marks, trade names, logos, domain names, taglines, and trade dress (collectively, the "SimplePractice Marks"). You understand that such Intellectual Property Rights are separate from any rights you may have in User Data you upload or submit to the Services. You acknowledge and agree that SimplePractice and its licensors own all right, title, and interest in and to the Services, including all Intellectual Property Rights therein, other than with respect to User Data. Except as expressly granted in these Terms, all rights, title, and interest in and to the Service, except all User Data, and in and to the SimplePractice Marks are reserved by SimplePractice. Copyright, trademark and other laws of the United States and foreign countries protect the Service and the SimplePractice Marks.
Feedback and other Input
You may provide suggestions, ideas and/or feedback about the Services (collectively, “Feedback”) to SimplePractice. You agree that SimplePractice will be free to use, irrevocably, in perpetuity and for any purpose, all Feedback provided to it by you and that all right title and interest in Feedback is assigned to SimplePractice. The foregoing grant of rights is made without any duty to account to you or to any of the foregoing persons or entities for the use of such Feedback.
You agree that you will not:
If you become aware of misuses of the Services by any person, please contact us at abuse@meetmonarch.com.
We reserve the right to add, modify, or eliminate aspect(s), features or functionality of the Service from time to time for the purposes of compliance with applicable laws and regulations, to effect improvements in security and functionality, to correct errors, or for any other purposes, at its sole discretion.
SimplePractice may on occasion need to interrupt or suspend the Services, with or without prior notice, to protect the integrity or functionality of the Services or for maintenance purposes. You agree that SimplePractice will not be not liable for any interruption or suspension of the Service (whether intentional or not), and you understand that you will not be entitled to any compensation for interruption or suspension of service. Likewise, you agree that in the event of loss of any User Data, we will not be liable for any purported damage or harm arising therefrom.
Any violation by you of these Terms may result in immediate suspension or termination of the Services we provide to you without any refund or other compensation.
You acknowledge, consent and agree that SimplePractice may access, preserve and disclose your information, including the information you submit to us, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce these Terms; (c) respond to claims that any User Data violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of SimplePractice, its employees, and the public; or (f) pursuant to the terms of the Privacy Policy.
The Service may contain links to, or otherwise allow connections to third-party websites, servers, and online services or environments that are not owned or controlled by SimplePractice. You agree that SimplePractice is not responsible or liable for the content, policies, or practices of any third-party websites, servers, or online services or environments. Please consult any applicable terms of use and privacy policies provided by the third party for such websites, servers, or online services or environments.
SimplePractice is a United States-based service. We make no representation that any aspect of the Services is appropriate or available for use outside of the United States or may be used for persons who are not residents of the United States. Those who access the Services from other locations are responsible for compliance with applicable local laws.
You agree not to hold SimplePractice liable for the content, actions, or inactions of you or other users of the Services or of other third parties. As a condition of access to the Services, you release SimplePractice (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any Dispute you have or claim to have with one or more other users of the Service or with other third parties, including whether or not SimplePractice becomes involved in any resolution or attempted resolution of the Dispute.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or the releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
SIMPLEPRACTICE PROVIDES THE SERVICES, INCLUDING WITHOUT LIMITATION THE WEBSITE AND THE SERVERS, STRICTLY ON AN "AS IS" BASIS. SIMPLEPRACTICE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR USER DATA OR ANY EXPENDITURE ON YOUR PART, SIMPLEPRACTICE AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOU RESIDING ON SIMPLEPRACTICE' SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS.
SimplePractice does not ensure continuous, error-free, secure or virus-free operation of the Services or the Servers and you understand that you shall not be entitled to refunds or other compensation based on SimplePractice's failure to provide any of the foregoing other than as explicitly provided in these Terms. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
IN NO EVENT SHALL SIMPLEPRACTICE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, EQUITY OWNERS, MANAGERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING ITS MODIFICATION OR TERMINATION), THE WEBSITE, THE SERVERS, OR THESE TERMS, WHETHER OR NOT SIMPLEPRACTICE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL SIMPLEPRACTICE'S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF ONE HUNDRED FIFTY DOLLARS (U.S. $150.00). Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you.
At SimplePractice's request, you agree to defend, indemnify and/or hold harmless SimplePractice, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (i) any breach or alleged breach by you, including without limitation your representations and warranties relating to your User Data; or (ii) your acts, omissions or use of the Services, including without limitation your negligent, willful or illegal conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
You acknowledge that you will not be compensated by SimplePractice for your use of our Services, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by these Terms. There are no third party beneficiaries, intended or implied, under these Terms.
Mandatory Arbitration
In the event of a Dispute between you and SimplePractice (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, YOU AGREE THAT THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Los Angeles, California.
In the event that there is any Dispute between you and SimplePractice that is determined not to be subject to arbitration pursuant to the preceding sentence, you agree to submit in that event to the exclusive jurisdiction and venue of the state and federal courts located in the City and County of Los Angeles, California. You agree that these Terms and the relationship between you and SimplePractice shall be governed by the Federal Arbitration Act and the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party's Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
These Terms are governed by and construed and enforced in accordance with the internal laws of the U.S. State of California without giving effect to the principles of conflicts of laws of such state) and are binding upon the parties hereto in the United States and worldwide. You and SimplePractice agree to be subject to the jurisdiction of courts in the city of Los Angeles, California.
The agreements, understandings and policies referenced in these Terms set forth the entire agreement and understanding between you and SimplePractice with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. SimplePractice reserves the right to modify these Terms at any time upon notification to you as provided in Section 1. If any future change is unacceptable to you, you should discontinue using the Services. Your continued use of the Services will always indicate your acceptance of this agreement and any changes to it.
You acknowledge that no other written, oral or electronic communications will serve to modify or supplement these Terms, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of these Terms. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of these Terms. If any provision of these Terms shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
SimplePractice may provide notice to you and obtain consent from you (1) through the website (2) by electronic mail at the electronic mail address associated you provide to us while using our Services; and/or (3) through the phone number you provide to us while using our Services. You must submit all notices required or permitted under these Terms to SimplePractice, LLC, c/o Compliance Manager, 11801 Mississippi Ave. #200, Los Angeles, CA 90025.
If you have any questions or comments regarding these Terms or the Services, please contact us at https://meetmonarch.com/therapy-seekers-help-faq.