Open Minds Member Terms and Conditions of Use

See also: Privacy Policy | Cookie Policy

All users agree to be bound by all provisions in these Terms of Use (“Terms”). Please carefully read all provisions contained in these Terms, the Privacy Policy, and Cookie Policy. These Terms incorporate the Terms, the Privacy Policy, and the Cookie Policy. These provisions contain important details and explanations regarding Open Minds, its parents, subsidiaries, affiliates, licensees and assigns (collectively “Open Minds”) policies, requirements, warranties and representations. If you do not agree to be bound by these Terms, then you must leave our website and not use our Content.

A. Ownership

This website (www.bayareaopenminds.org) is owned and operated by Open Minds, a 501(c)(6), Non-Profit Organization. All users agree and acknowledge that this website, including any information, communications, blog posts, photos, software, text, videos, graphics, music, sounds, and other materials and services (collectively “Content”), belongs to Open Minds or licensors of Open Minds. All Content is protected by copyrights, trademarks, patents and other proprietary rights (including intellectual property rights), and these rights are valid. All users agree to not reproduce, prepare derivative works, distribute copies, sell, rent, lease, or lend, perform, or display the website or its Content, in whole or in part.

B. Membership

Membership in Open Minds is limited to: (1) licensed psychotherapists, (2) registered associates and interns in the field of psychology, (3) students and trainees studying psychology in a graduate program, and (4) licensed medical providers who work in the mental health field.

Members accept sole responsibility and entire liability for all activities conducted through their accounts. A Member may not permit another individual to use the Member’s account. All Members are responsible for maintaining the confidentiality of and restricting access to their accounts and passwords. Unauthorized access or use of the website through a Member’s account may result in their account being immediately terminated, the Member not being able to create a new account, and the Member facing any disciplinary, civil or criminal liability.

Members may encounter content that some may consider sexually explicit, offensive, or objectionable, and may not be specifically identified as such. Users assume all risk of loss and harm arising out of you visiting our website.

Members understand that Bay Area Open Minds is entirely run by volunteers. Members will be asked to volunteer at least two (2) hours per year to support the work of the organization. Participation is voluntary and Membership will not be determined by the Member's level of involvement.

1. Licensed Psychotherapists

By visiting our website or by becoming a Member of our website, you acknowledge and certify the following:

2. Associates and Interns

By visiting our website or by becoming a Member of our website, you acknowledge and certify the following:

3. Student and Trainee Members

By visiting our website or by becoming a Member of our website, you acknowledge and certify the following:

4. Licensed Medical Providers in the Mental Health Field

5. Renewal of Membership

Licensed members agree to be enrolled in auto-pay for their annual renewal of Membership. Pre-licensed and Student tier members agree to renew their annual Membership manually in order to verify the current clinical status of their Membership.

Licensed members who were active members with Open Minds in our legacy system (before 9/9/2022) will need to manually renew one time in our new system before their enrollment anniversary. Subsequent Membership renewals  after this initial manual renewal will be subscribed to auto-pay until the member cancels. 

There are no full or prorated refunds for renewals after payment has processed. You may cancel your membership up to one (1) day before your renewal date. Members may cancel their membership through their account settings or by notifying Membership Coordinator at membership@bayareaopenminds.org. See Section 6 for further information on termination of membership.

6. Termination of Membership

Members agree that Open Minds may terminate Memberships and website access, remove Member information or Content, without any notice to Member for any reason, including without limitation:

Members may also terminate their Membership at any time. Members agree this is their sole remedy with respect to any dissatisfaction with Open Minds. Members may terminate their Membership by not renewing their annual Membership, or delivering notice to our Membership Coordinator at membership@bayareaopenminds.org.

In the event that your Membership and account is terminated or canceled, there will be no refund for Membership Fees.

C. Prohibited Conduct

Users agree to use our website for lawful purposes only. Users shall not use our website or Content to, either directly or indirectly:

Any conduct by a User or Member that in our sole discretion restricts or inhibits any other Member, person, or entity from using or enjoying our website, Content or Services will result in immediate termination of a Membership without notice.

D. Therapist Directory

Users agree that use of the Therapist Directory shall be at their own sole risk. Open Minds does not determine or warrant the competence of any of the mental health professionals listed in the Therapist Directory.

Users agree that Open Minds shall in no event be liable for damages to any User of a mental health professional listed in the Therapist Directory, the services provided by any mental health professional listed in the Therapist Director, or any other damages therein.

Open Minds cannot and does not provide any warranties or representations related to the information contained in or resulting services from a mental health professional listed in the Therapist Directory.

E. Privacy Policy

Users may view Open Minds Privacy Policy here. The terms and conditions of the Privacy Policy are hereby incorporated by reference herein.

F. Cookie Policy

Users may view Open Minds Cookie Policy here. The terms and conditions of the Cookie Policy are hereby incorporated by reference herein.

G. Disclaimers

USERS AGREE THAT USE OF THE WEBSITE SHALL BE AT THEIR OWN SOLE RISK. OPEN MINDS PROVIDES OUR WEBSITE AND SERVICES ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OPEN MINDS AND ALL OUR RELATED ENTITIES DISCLAIM ALL WARRANTIS, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR WEBSITE AND SERVICES AND USERS USE OF OUR WEBSITE AND SERVICES. THESE INCLUDE BUT ARE NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHERS. OUR WEBSITE AND SERVICES ARE PROVIDED ON A COMMERCIALLY REASONABLE BASIS. WE DO NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OUR WEBSITE AND/OR SERVICES AT A TIME OR LOCATION OF A USER’S CHOOSING.

OPEN MINDS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITE OR ITS CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE.

OPEN MINDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR LINKED, WHICH IS OFFERED BY A THIRD-PARTY THROUGH OUR WEBSITE. OPEN MINDS IS IN NO WAY RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN USERS AND THIRD PARTIES. OPEN MINDS HAS NO CONTROL OVER, DOES NOT ENDORSE, AND IS NOT RESPONSIBLE IN ANY WAY FOR ANY ACTIONS TAKEN BY OR DAMAGES SUSTAINED BY USERS RELATING TO THIRD PARTIES. USERS SHOULD USE THEIR BEST JUDGMENT WHEN ENGAGING WITH THIRD PARTY WEBSITES, SERVICES AND CONTENT. USERS MAY BE SUBJECT TO ADDITIONAL TERMS, CONDITIONS AND POLICIES WHEN USING THIRD PARTY WEBSITE OR SERVICES AND SHOULD READ ANY TERMS, CONDITIONS AND POLICIES OF SUCH THIRD PARTIES.

H. Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OPEN MINDS DISCLAIMS ANY LIABILITY TO YOU OR ANY TYPE WHATSOEVER. IN NO EVENT WILL WE OR OUR RELATED ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM: (1) ANY ERROR, MISTAKE, OR ACTION BY US IN ANY WAY RELATED TO YOUR USE OF OUR SERVICES OR OUR WEBSITE; (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR USE OF OUR WEBSITE AND CONTENT OR ACCESS TO OUR WEBSITE AND CONTENT; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR WEBSITE AND CONTENT, OR ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED ON OUR SERVERS; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (5) ANY BUG, VIRUS, TROJAN HORSE, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES; OR (6) ANY ERRORS OR OMISSIONS OF ANY KIND WHATSOEVER OF ANY TYPE IN ANY WAY RELATED TO OUR SERVICES OR OUR WEBSITE. THIS INCLUDES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR WHETHER SUCH DAMAGES ARE FORESEEABLE.
IN THE EVENT YOU CLAIM THERE WAS ANY PROBLEM WITH YOUR USE OF OUR
SERVICES, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO SEEK REIMBURSEMENT FOR ANY FUNDS PAID FOR OUR SERVICES. WE SHALL HAVE SOLE DISCRETION TO DETERMINE IF ANY PORTION OF YOUR FUNDS SHOULD BE REIMBURSED TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH RESTS ENTIRELY WITH YOU. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES IN ANY WAY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BOTH PARTIES EXPRESSLY AGREE TO WAIVE THEIR RIGHTS TO ANY LONGER STATUTES OF LIMITATIONS.

I. Indemnification

Users agree to indemnify, hold harmless and defense Open Minds and our affiliates, entities and/or parent companies from and against any and all lawsuits, claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorneys’ fees) in any way related to or arising from: (1) your use of and access to our website, Content or Services or the use of your membership account by any other person; (2) your violation of any of these Terms; (3) your violation of any third-party right, including without limitation any copyright, trademark, patent, other intellectual property right, privacy right, or any other right; or (5) any action by you which is negligent, tortious or otherwise wrongful.

Open Minds reserves the right, at the User’s expense, to assume the exclusive defense and control of any matter subject to indemnification by you. This defense and indemnification obligation will survive these Terms and your use of our Content and Services.

J. Governing Law; Venue

These Terms and this Agreement shall be governed by and construed exclusively in accordance with the internal laws of the State of California, United States of America, without giving effect to California’s principles of conflicts of law.

Any legal action or proceeding with respect to these Terms, this Agreement, or any issues related thereto shall be brought in and venue shall lie in the San Francisco County Superior Court for the State of California, which courts shall have exclusive jurisdiction concerning any such legal action or proceeding. Each of the parties hereto hereby irrevocably waives any objection (including without limitation any objection to venue based on the grounds of inconvenient forum), which it may now or hereafter have to the exclusive venue of any such legal action or proceeding being in such above specified courts.

K. Intellectual Property

Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. Section 512(c)(2), Open Minds designated agent for notice of alleged copyright infringement in connection with the website is:

Bay Area Open Minds
P.O. Box 170028
San Francisco, CA 94117-0028

To file a notice of infringement with Open Minds, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled.

L. General Provisions

These Terms shall constitute the entire agreement between Open Minds and all users (collectively “Parties”), superseding all prior agreements, writings, or communications between the Parties regarding our website and Content. If any part or portion of these Terms is found to be invalid or unenforceable, that part or portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the Parties, and the remaining parts and portions shall remain in full force and effect.

No failure by Open Minds to enforce or seek remedies for violations of any term or provision contained in the Terms shall be deemed a further or continuing waiver or such term or provision or of any other term or provision. Open Minds’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision in any way.

All third-party copyrights or trademarks referenced in or in any way related to our website or Content are the property of their respective owners.

Open Minds reserves the right from time to time to amend or change these Terms at any time and without direct notice to the user. Any amendments or changes to these Terms will be noticed by the Date Last Changed and Effective Date detailed below. Users are responsible for periodically reviewing the Terms to see if there have been any amendments or changes. The use of our website and Content following any amendments or changes will signify the User’s assent to and acceptance of any such amendments or changes.

Date Last Changed: September 2022
Effective Date: July 2022