Members Terms of Service

Terms of Service for Members

By submitting a listing, you are agreeing that you are legal and licensed practitioner. Solace Co. is not held liable and will not do license checks. You, the user, are solely responsible for the information you provide on this site.

By signing up and paying for a membership with Solace Co. you are agreeing to these Terms of Service, Terms of Use, Privacy Policy, and other conditions for your use of this site. You are also agreeing that you are legal and licensed practitioner. Solace Co. is not held liable and will not do license checks. You, the user, are solely responsible for the information you provide on this site.

PLEASE READ CAREFULLY:

1. ACCEPTANCE OF TERMS
   • Welcome to Solace Co. Consultation & Supervision Directory for Therapists. Solace Co. Consultation & Supervision Directory for Therapists ("Solace Co." or “we”) provides the ConsultationAndSupervision.com website (“Website”) to you (sometimes referred hereinafter as the “Member”), subject to the following agreement (“Terms of Service”). By using our Website you agree to be bound by these Terms of Service. Please read them carefully. If you do not agree to these Terms of Service, please do not become a Member or place a directory listing on Solace Co.. You can review the most current version of the Terms of Service at any time at: https://www.consultationandsupervision.com/terms-of-service/

1. DESCRIPTION OF SERVICE AND BILLING TERMS
   1. Member Access and Benefits
      Solace Co. provides Member with access to:

1. 1. • The Website where the Member can create a listing to advertise their practice to potential clients, consumers, and the general public. Members are not required to complete their directory profile application and advertise their practice. Having a directory profile is optional for all members.
   2. Membership with Solace Co.
      • Membership with Solace Co. begins when a new Member completes the registration process. Completion of the registration process is all that is required to become a Member, subject to the attendant obligations of being a Member.
      • Immediately upon completion of the registration process, the Member has access to create their listing by providing and submitting professional details to publish their listing. It is the Member’s responsibility to make use of the service and no refunds are permitted if the Member does not make use of the service provided.
      • Membership with Solace Co. is either month-to-month or year-to-year automatic recurring billing, depending on the selection made by Member during initial registration or during the update of their payment information. The membership fee for new Members is $7.99 (advertise one service) or $12.99 (advertise two services) (USD) per month OR $75 (advertise one service) or $125 (advertise two services) (USD) per year. The Member acknowledges that the fee and Terms of Service for the Solace Co. Membership are subject to change, and that Solace Co. reserves the right to revise rates and terms under this contract at any time.
      • Members may cancel their membership to Solace Co. at any time without refund by completing the cancellation form found within the Packages section of their account section. The purpose of the cancellation form is to confirm identity and to gather helpful feedback; thus requests to cancel membership solely by email are not acceptable. If a Member cancels membership he or she will not be charged for the next scheduled recurring bill and all listings will be removed immediately. Absolutely no refunds or pro-rated amounts will be given to Members who cancel before their term of service expires. Absolutely no refunds or pro-rated amounts will be given to Members who chose not to renew their membership. Absolutely no refunds or pro-rated amounts will be given to Members for any reason whatsoever except in cases of Members who have referred another Member to Solace Co..
   3. Payment
      • Member authorizes Solace Co. to automatically charge the fee to Member’s credit card either one time per month or one time per 365 days, depending on their membership type, during the course of membership. Member acknowledges that Solace Co. does not save or maintain any credit card information on the Solace Co. server and instead uses Braintree Merchant Services to store credit card information and process credit card transactions via a secure and encrypted SSL page to ensure the highest safety for all transactions.
      • If and when a Member’s credit card declines the periodic membership fee, Solace Co.’s system will continue to attempt the transaction on a daily basis. Solace Co. will make every effort to contact the Member should the Member’s credit card decline. If a Member’s account is left unpaid Solace Co. will keep the Member’s account active for up to 30 days from the time the Member’s membership dues transaction first failed. Members will continue to be responsible for paying their past due amount and any future past due amount that accrues, up to 30 days past due.

1. AGREEMENT
   1. Member agrees that Solace Co., its principals, directors, officers, members, managers, employees, and agents are under no obligation to the Member except to provide the access and services described in Section 2, above.
   2. Disclaimers and Limitation of Remedies

• MEDICAL PROFESSIONAL DISCLAIMER: Neither Solace Co., its principals, directors, officers, members, managers, employees, and agents nor the Website provides or contains medical/health advice. The medical/health information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of medical/health advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

1. 1. • The materials on Solace Co.’s website are provided on an 'as is' basis. SOLACE CO., ITS PRINCIPALS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
      • Further, Solace Co., its principals, directors, officers, members, managers, employees, and agents does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any sites linked to the Website.
      • Member agrees that Solace Co., its principals, directors, officers, members, managers, employees, and agents have no liability of any kind whatsoever to the Member or to any individual, group, partnership, or corporation who may use the Service.  NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS, OR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, KNOWN agrees that any recovery for money damages resulting from any claim or lawsuit against OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE PARTIES ACKNOWLEDGE THAT THESE LIMITATIONS ON POTENTIAL DAMAGES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.  Member expressly Solace Co., its principals, directors, officers, members, managers, employees, or agents arising from Solace Co’s services under this agreement or arising from Member’s use of the Website is limited to the net amount of Member’s registration fees and membership fees.
      • Member agrees to waive any right to assert any claims against Solace Co., its principals, directors, officers, members, managers, employees, or agents, as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy.
      • In any lawsuit or other proceeding initiated by Member against Solace Co., its principals, directors, officers, members, managers, employees, or agents, Member waives any right he or she may have to trial by jury.
   2. Assumption of Liability
      • Member agrees to assume all liability for directory profiles and all other listings published (including information, illustrations, files, images, claims, data, text, software, music, sound, photographs, graphics, video, messages, or other materials) including directory profiles and listings that Solace Co. has edited (“Content”), and agrees to assume any and all responsibility for claims occurring therefrom against Solace Co..
   3. Sharing of Personal Information
      • Member agrees that all personal information entered by the Member and stored by Solace Co. may be transferred and shared in the event that Solace Co. should be sold or given to another organization, corporation, or individual.
   4. Indemnification
      • Member agrees to indemnify, defend, and hold harmless Solace Co. against any loss or liability resulting from Content, whether the Member’s Content has been edited by Solace Co. or not, including, but not limited to, any claims by third parties who may use Member’s services.
      • Member agrees to indemnify, hold harmless, and defend Solace Co. and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the Solace Co. website, the placement, posting, or transmission of any messages, information, content, or other materials on or through the Solace Co. website by Member or users of Member’s account, the editing, altering, or changing of Member’s profile or listing (including text, content, grammar, and spelling changes) made by the Solace Co. editorial team, or any breach or violation of these Terms of Service by Member or users of Member’s account.
   5. Intellectual Property Rights
      • Member understands that all trademarks and other claims of intellectual property rights, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, the Member, and not Solace Co., are entirely responsible for all Content with your account at Solace Co., regardless of authorship or origination. Solace Co., does not guarantee the accuracy, integrity, or quality of such Content. Member agrees to observe all statutes, ordinances, rules, and regulations with respect to the use of Solace Co.’s services and the Website and the intellectual property rights of all persons who may claim an interest in any Content. Under no circumstances will Solace Co., its principals, directors, officers, members, managers, employees, or agents be liable in any way for any Content whether or not Solace Co. originated or any other Service provided by Solace Co. pursuant to Member’s participation in the Website.
      • Member agrees Solace Co. does not claim ownership of Content which you, the Member, submit or make available for inclusion on the Service. Additionally, Solace Co. does not claim ownership of directory or profile or listing Content that Solace Co. has edited, altered, or changed. By submitting Content for inclusion on the Service, Member represents to Solace Co. that with respect to such Content, Member is the owner of all brand names, logos, and trademarks, or the duly authorized representative or licensee of such owner, and will indemnify and save Solace Co., its principals, directors, officers, members, managers, employees, and agents free and harmless from any liability arising out of the use of such brand names, logos, and trademarks included in such Content.
      • Member grants Solace Co. a perpetual, worldwide, irrevocable, royalty-free nonexclusive license to all Member Content posted on the site, including the right to distribute, display, transmit, store, edit, and create derivative works of such Content. Member expressly grants Solace Co. the right to edit Member’s Content and Member’s profile for any reason, with or without notice, in Solace Co.’s sole discretion. This includes, without limitation, the right to remove content, the right to revise content, and/or the right to change or post any image on Member’s profile.
   6. Member’s Membership Duties, Obligations, and Limitations
      • Member agrees to provide true, accurate, current, and complete information about themselves and their practice as prompted by the Service’s sign up procedure and to maintain and update the Service’s directory profile and listing data to keep it true, accurate, current, and complete.
      • Member agrees to choose a username and password as part of the Service’s registration process. Member is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under your password or account or membership. Member agrees to immediately notify Solace Co. of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session.
      • Member agrees that Solace Co. has the right to suspend or terminate your membership and refuse any and all current or future use of the Service for any cause and without prior notice.
      • Member agrees that Solace Co. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Member agrees that Solace Co. shall not be liable to Member or to any third party for any modification, suspension, or discontinuance of the Service.
      • Member agrees that Solace Co. reserves the right to modify and alter the profile narrative, text, and other Content that Member has submitted in an effort to reduce spelling and grammar errors, eliminate content duplicated from other websites, improve the overall quality of the narrative, and to increase the number of potential referrals for Members. Member agrees that there is no guarantee that the changes Solace Co. makes to profile narrative text content will achieve the above-mentioned objectives.
      • Member agrees that Solace Co. shall have the right, in its sole discretion, to promote the Solace Co. Directory through various partnerships, promotional activities, advertising, and through direct use of the Solace Co. Directory by selected partner websites which Solace Co. deems useful, effective, and in the interest of Solace Co. and its Members. Member agrees and understands that through these promotional relationships the Member profile can be displayed and hosted on other third-party websites with whom Solace Co. has a trusted relationship.
      • Member agrees that the Listing space provided to the Member will not be sublet to others, nor used for other purposes than herein named.
      • Member agrees that any links to third party sites are provided solely for convenience. Such sites are not under the control of Solace Co., and Solace Co. is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
      • Member agrees that advertisers and sponsors are not related to Solace Co. other than by a business relationship. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between Member and such advertiser. Member agrees that Solace Co., its principals, directors, officers, members, managers, employees, and agents, shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, products, or services or as the result of the presence of such advertisers on the Service.
      • IN NO EVENT SHALL SOLACE COUNSELING OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OR LOSS, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF PROFITS, ANY LOSS DUE TO BUSINESS INTERRUPTION, OR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, arising out of the use or inability to use Solace Co.'s services or the Website. You acknowledge that these limitations on potential damages are an essential condition for your use of Solace Co.’s services or the Website. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
      • Member agrees that these Terms of Service are periodically reviewed and updated as needed and that it is the Member’s responsibility to stay abreast of these changes. Member is responsible for comporting their usage of the Services provided by Solace Co. to the most current Terms of Service.
   7. Electronic Communications
      • Member consents to receive communications from Solace Co. electronically. Solace Co. will communicate with you by email or by posting notices on this Website. Member agrees that all agreements, notices, disclosures, and other communications that Solace Co. provides to you electronically satisfy any legal requirement that such communications be in writing.
   8. Prohibitions
      • Member agrees to not use the Service to:

1. 1. • • upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
        • upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
        • upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
        • intentionally or unintentionally violate any applicable local, state, national, or international law;
        • create a competing website offering the same or substantially similar services to those provide through our Website or Service;
        • decompile, disassemble, or reverse engineer our Website, Service, and any related software found herein;
        • redistribute our Content in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
   2. Miscellaneous Legal Provisions
      • These Terms of Service are governed by and construed in accordance with the laws of North Dakota, and you irrevocably submit to the personal jurisdiction of the courts in that State. You further agree that any dispute arising from your use of Solace Co.’s services or the Website shall be venued in Cass County District Court, East Central Judicial District, North Dakota.
      • Member also acknowledges the existence of the Terms of Service, Terms of Use, and Privacy Policy which outlines the service and use conditions applicable to all users of Solace Co. and agrees, by virtue of visiting Solace Co., to all of the conditions contained in these Terms of Service, the Terms of Use, and Privacy Policy.
      • These Terms of Service, the Terms of Use, and Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.