Terms of Service

TERMS AND CONDITIONS FRED NOT FREUD.COM

last updated, May 4, 2021

THIS DOCUMENT CONTAINS CRUCIAL INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ CAREFULLY.  BY VIEWING OR USING THIS APPLICATION YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”) AND OUR PRIVACY POLICY. THESE TERMS ARE BETWEEN YOU AND FRED NOT FREUD, LLC., A DELAWARE LIMITED LIABILITY COMPANY. YOU MAY NOT USE OR ACCESS THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US (UNLESS YOU HAD YOUR LEGAL GUARDIAN CONSENT ON YOUR BEHALF), OR ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ITS CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. You acknowledge, agree and understand that the therapists might not be the right solution for everyone or each circumstances. IF YOU ARE CONSIDERING SUICIDE OR HARMING YOURSELF OR OTHERS OR YOU BELIEVE THAT ANY OTHER PERSON MAY BE IN HARMS WAY OR ANY OTHER MEDICAL EMERGENCY, IMMEDIATELY CALL 911. THE PLATFORM IS NOT INTENDED FOR USE IN SUCH INSTANCES. FURTHER, THE PLATFORM IS NOT DESIGNED FOR MAKING A DIAGNOSIS THAT NECESSITATES IN PERSON INTERACTION AND YOU SHOULD NOT USE THE PLATFORM IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS. DISREGARD ANY ADVICE PERTAINING TO DRUG-RELATED OR TREATMENT RELATED ADVICE IF PROVIDED HEREIN.

  1. Entity Scope. “Fred not Freud” means Fred not Freud, LLC and our affiliates, directors, officers, employees and agents. Our application whether accessed by PC or mobile device (collectively “Platform”) and all related functionality, services, and Content offered by or for us.
  2. Site Details Scope. These Terms apply to using this Platform in any capacity, even just viewing such Platform.
  3. Modification. These Terms are subject to change by us without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review changes prior to accessing our Site, your continued site usage will constitute your acceptance of and agreement to such changes.
  4. Availability.  Typographical, availability, or other errors may occur on the Platform and we shall never be bound by such. If availability is limited at any time, for any reason, we recommend you contact your therapist directly or in the event of an emergency dial 911. 
  5. Termination. All sections herein will survive termination unless prohibited by law. At any time, we can change, restrict, suspend, or cease any portion of the Platform, and charge, modify, or waive any fees required to use any part of the Platform. 
  6. No Endorsement for a Healthcare Professional. NOTHING MADE AVAILABLE THROUGH THIS PLATFORM SHALL CONSTITUTE TREATMENT OR ADVICE OF A MEDICAL PROFESSIONAL. WE ARE NOT IN THE HEALTHCARE INDUSTRY BUT ARE RATHER A TECHNOLOGY PLATFORM BUILT TO EASE COMMUNICATION BETWEEN YOU AND YOUR MENTAL HEALTH PROFESSIONAL. PLEASE DISCUSS ANY MENTAL HEALTH CONCERNS SOLELY WITH YOUR PROFESSIONAL. MATERIALS ON THE PLATFORM ARE NOT INTENDED TO PROVIDE ANY MEDICAL ADVICE. 
  7. Relationship Definition. These Terms shall not be construed to, create any legal relationship other than technology provider and technology user.
  1. Usage 
    1. Cancellation. You agree that we never guarantee to membership to any user at any time and may suspend or terminate any user in the event that we have any concern including your violation of these Terms, our Privacy Policy or the law
    2. Payments: We are unrelated to payment of transactions between you and your therapists. As such, we shall never be liable for any concerns in that regard.
  2. LIMITATION OF LIABILITY
    1. WARRANTY. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES. THE REMEDIES DESCRIBED HEREIN ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.
    2. LIMITATION OF LIABILITY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU TO US AS PURCHASED THROUGH THE PLATFORM, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, DATA, WORK, BUSINESS, REPUTATION, USE, GOODWILL, REVENUE OR PROFIT, WHETHER DIRECT OR INDIRECT, ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, EVEN IF A REPRESENTATIVE OF OUR COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW.SUBJECT TO ANY STATE LAW LIMITATIONS ON THIS SECTION. Your access and use of the Platform is solely at your own risk and is made available on an “as is” and “as available” basis without warranty of any kind. Though we reserve the right to mend any and all errors, misstatements or omissions, we accept no liability for the security, availability, relevance, accuracy, completeness, reliability, technical concerns, appropriateness, currency of any information, services, products, functionality, merchandise or anything else available on or accessible through the Platform. We are not liable for consequences from the use, or application of any product or service from the Platform, including damage or injury caused by negligence, product liability, or otherwise whether the subject is an individual or entity. Without limiting the generality of the foregoing, we make no representation that the quality of anything obtained via the Platform will meet your expectations or that any such Materials will not be accessed or misused by any other party. 
    3. INDEMNITY. YOU AGREE TO DEFEND (AT OUR OPTION), INDEMNIFY, AND US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, EXPENSES, AND COSTS, INCLUDING ATTORNEYS’ FEES AND COSTS, ARISING FROM OR RELATED TO YOUR MISUSE OF OUR PLATFORM OR ANY BREACH BY YOU OF THESE TERMS. WE RESERVE THE RIGHT, AT OUR EXPENSE, TO ASSUME EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND, IN ANY CASE, YOU AGREE TO COOPERATE WITH US IF AND AS REQUESTED BY US IN THE DEFENSE AND SETTLEMENT OF SUCH MATTER.
    4. Force Majeure.  
      1. No party shall be liable or responsible to the other, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any customer obligations of to pay us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, the (“Force Majeure Event(s)”): 
  • acts of God; 
  • flood, fire, earthquake, OTHER POTENTIAL DISASTER(S) OR CATASTROPHE(S), SUCH AS EPIDEMICS, or explosion; 
  • war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; 
  • government order, law, or actions; 
  • embargoes or blockades in effect on or after the date of these Terms; 
  • national or regional emergency; 
  • industrial disturbances such as strikes or slowdowns; 
  • shortage of adequate power or transportation facilities; and
  • other similar events beyond the control of the Impacted Party. 
  1. Impacted Party shall give notice within 7 days of Force Majeure Event to the other, stating the period of time the occurrence is expected to span. Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such event is minimized. Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. If Impacted Party’s failure or delay remains uncured for a period of 30 consecutive days following written notice given by it, the other may thereafter terminate this Agreement upon 7 days’ written notice.
  2. Account
    1. Deactivation of Your Account. 
      1. We reserve the right in our sole discretion to deactivate, remove or delete any or all material from your account (including the whole account) or the Platform without notice at any time for any reason. Such action may result in all your account data no longer being accessible, even if you re-open an account. You acknowledge and agree that, except to the extent required by law, we have no obligation to make a copy of your data available at any time. 
      2. Upon deactivation of your account or your violation of the Terms, your right to use any component of the Platform will immediately cease. Upon termination of the Terms by either party, you must immediately destroy all content relating to the Platform. We reserve the right to revoke use of site and block any user from viewing, using, or purchasing from the site.
    2. User Covenants. On the Platform, you will not:
      1. Violate the law or these Terms in any such way relating to the Platform.
      2. Inhibit or restrict another from using the Platform.
      3. Cause injury to any person, including yourself, or entity.
      4. Remove any form of proprietary data from the Platform including harvesting or collecting data about other users. 
      5. Adapt, create derivative works, modify, reproduce, translate, make available, or otherwise aim to benefit from any part of Platform without our written consent.
      6. You will not use our identifiers to (1) send any form of solicitation; or (2) use hidden text or metadata. 
      7. Systematically download and store any portion of the Platform.
      8. Decompile, reverse engineer, frame, mirror, or disassemble any portion of the Platform, or use any of the Platform for a tortious or fraudulent purpose or for your commercial benefit to the extent such ban is forbidden by applicable law. 
      9. Make available via or relating to the Platform any spyware, virus, manual or automatic device or other computer program, code or file that is or is potentially harmful or hijack the operation of, or monitor use of, any equipment, hardware or software or to gather data or circumvent our navigational structure.
      10. Should you receive any file in relation to the Platform, whether through the Platform or not, you agree to scan said file for any malicious software prior to opening or using such file.
      11. Make available anything that: 
  • is inaccurate;
  • contains your personal information or would infringe on the rights of other entities or individuals including confidential information;
  • is obscene, indecent, pornographic, threatening, harassing, defamatory, derogatory, slanderous, abusive, hateful, embarrassing to any individual or entity as we determine in our sole discretion or otherwise objectionable;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of a protected class;
  • contains solicitations;
  • contains anything illegal or violates any policy of the Platform;
  • is intended aimed to interfere with the Platform or any of our partners.
  1. You agree to comply with all applicable laws and regulations of any United States jurisdiction including all Export Regulations, as defined below. You represent and warrant that you are buying from the Platform for your own noncommercial use. All purchases from the Platform may be controlled for export purposes by export regulations, including the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations  (15 C.F.R. 768-799) for which ECRA is the permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations“).
  2. Interfere with or disrupt the operation of the Platform, systems, servers, or networks used to make the Platform available, or violate any requirement, procedure or policy of such servers or networks.
  3. Violate any law, rule, or regulation, or these Terms of Use.
  4. Seek in any matter to attempt or actually allow, aid or encourage any third party to take any action banned by these Terms.
  5. Intellectual Property 
    1. Use and Ownership. You acknowledge and agree that we are and will remain the sole and exclusive owner of all rights in and to each product, service or any part of the Platform. Your usage of such content grants you a limited license for your personal noncommercial purposes but never ownership. 
    2. Privacy. Our Privacy Policy governs the processing of all personal data collected in connection with your purchase of products or services through the Site. More Privacy
    3. Content
      1. You hereby affirm that any data you provide is complete and accurate. 
      2. You alone have a duty to protect the confidentiality and security of your account. We have no liability if you share access to or misplace your device or account. 
      3. “Content” is any text, images, videos, audio, drawings, graphics, design, data or trademarks. Any content not defined as User Content is owned by us. “User Content” is any media, text or intellectual property submitted to us for any use. Submission of such grants us ownership and right to use that content in any way. 
      4. Submission of illegal or harmful content will not be accepted. We reserve the right to approve or remove content in our sole discretion. You are entirely responsible for such User Content. harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
      5. All reviews are subject to our approval process, such as editing, condensing, removing, or deleting, reviews deemed not to comply with our guidelines. 
      6. We do not review content before posting and posts do not reflect our views. You understand that by visiting our Platform you may be see User Content that is objectionable to you. Under no circumstances will we be liable for User Content.
    4. DMCA. Copyright owners who believe the subject of the copyright has been infringed on our Platform should contact our copyright agent at copyright@FrednotFreud.com our address. Notification must include:
  1. Description copyrighted work or works and the allegedly infringing subject. You must provide sufficient information for us to identify said information. 
  2. Infringers contact information.
  3. Statement that you believe that the use of the material is unauthorized.
  4. The notice is true, and you have authority to act on behalf of copyright owner. 
  1. Dispute Resolution 
    1. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
    2. Binding Arbitration. YOU AND FRED NOT FREUD AGREE TO FORGO ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION PERTAINING TO YOUR USE OF THE PLATFORM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER PRE-EXISTING, PRESENT OR FUTURE) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
      1. Arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect unless modified herein otherwise. (AAA Rules are available at adr.org or by calling 800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section. 
      2. The arbitrator will have exclusive authority to resolve any dispute relating to enforceability of this provision, including unconscionability or other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief available in court under law or in equity. Any award will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
      3. You agree to arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. 
      4. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this Section is found unenforceable, said provision will be severed and the remaining terms will be enforced.
  2. General.
    1. Assignment. You will not assign any of your rights or obligations herein without our prior written consent. Any purported assignment in violation of this is null and void. No assignment or delegation relieves you of any of your obligations herein.
    2. Waiver. The failure by us to enforce any right or provision herein will not constitute a waiver of future enforcement of that right or provision. Said waiver will be effective only if in writing and signed by a duly authorized representative of Fred not Freud.
    3. Notices.
      1. To You. We may provide any notice to you under these Terms by: (i) emailing you at the address you provide or (ii) posting to the Site. Emailed notices will be effective upon sending and notices we post will be effective upon posting. 
      2. To Us. To notify us, you must contact us as follows: by personal delivery certified mail to ____________. We may update the address for notices to us by posting a notice on the Platform. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
    4. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
    5. Headings. Headings used herein are for reference only and in no way define or limit the scope of any section.
    6. Entire Agreement. These Terms and our Privacy Policy will be deemed the final, whole and integrated agreement between you and us on all stated in herein. Any translation of these Terms to a language other than English is of no legal effect, and you agree that the English version will control in a situation of conflict.
    7. Contact Us. If you have any concerns about the company or Platform, please contact us and we will try to resolve it. 
  3. Third Parties. 
    1. Links. We are not responsible for and cannot guarantee the performance of third parties to whose sites we link. Always read labels, warnings, directions, and other information provided with the product before using the product. For additional information about a product, please contact the manufacturer. 
    2. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.