Last Updated: March 20th, 2024
1. Definition and Purpose:
NPSD aims to provide a comprehensive directory of service providers offering online and offline wellness services tailored to individuals who identify as neurodivergent. Our platform facilitates connections between users seeking these services and the providers offering them. The purpose of NPSD is to foster a supportive and inclusive community where individuals can access resources and support that cater to their specific needs and preferences.
2. User Agreement:
By accessing and using the NPSD platform, users agree to abide by the following terms and conditions. Users acknowledge that they are solely responsible for their actions and behaviors while using the platform. This includes but is not limited to:
- Providing accurate and truthful information when creating an account or using the platform’s features.
- Respecting the rights and privacy of other users and service providers.
- Using the platform for lawful purposes and refraining from engaging in any illegal or prohibited activities.
- Adhering to any additional guidelines or policies outlined by NPSD.
Violation of these terms may result in the termination of a user’s account and access to the platform.
3. Eligibility:
To use the NPSD platform, users must be at least 18 years of age or older. By accessing the platform, users affirm that they meet this age requirement. Additionally, users must have the legal capacity to enter into binding contracts and agree to abide by the Terms of Use outlined by NPSD. If users do not meet these eligibility criteria, they are not permitted to use the platform. NPSD reserves the right to verify user eligibility and may suspend or terminate accounts found to be in violation of this requirement.
4. Service Provider Relationship:
Users acknowledge that NPSD acts solely as a marketplace and does not employ or endorse any of the service providers listed on the platform. The relationship between users and service providers is strictly between those parties, and NPSD does not assume any responsibility or liability for the services provided by these third-party providers. Users understand that NPSD does not guarantee the quality, accuracy, or suitability of services offered by listed providers. It is the responsibility of users to conduct their own due diligence and assessment of service providers before engaging their services. NPSD may facilitate the connection between users and service providers but does not participate in or control the interactions between them.
5. Service Provider Listings:
Service providers listed on NPSD are selected based on predetermined criteria established by our team. These criteria may include qualifications, experience, and adherence to ethical standards relevant to the services offered. While NPSD endeavors to maintain accurate and up-to-date listings, users acknowledge that the information provided by service providers is subject to change and may not always reflect real-time availability or accuracy.
NPSD regularly reviews and updates service provider listings to ensure relevance and accuracy. However, users understand that NPSD cannot guarantee the completeness or accuracy of all information provided by service providers. Users are encouraged to independently verify the qualifications and credentials of service providers before engaging their services. NPSD assumes no responsibility for any inaccuracies or discrepancies in service provider listings.
Furthermore, NPSD reserves the right to remove or suspend service provider listings at its discretion, particularly in cases where providers fail to meet our established criteria or violate our terms and policies. Users are encouraged to report any concerns regarding service provider listings to NPSD for review and appropriate action.
It’s important to note that NPSD does not endorse or guarantee the services provided by listed service providers. Users are solely responsible for their interactions and engagements with service providers and any outcomes resulting from those interactions. NPSD disclaims any liability for disputes, damages, or grievances arising between users and service providers.
6. Disclaimer of Medical Advice:
NPSD does not provide medical advice, diagnosis, or treatment. The information provided on the NPSD platform, including but not limited to service provider profiles, reviews, and other content, is for informational and educational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Users understand that the services listed on NPSD are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Users should consult qualified healthcare professionals for medical assistance and advice tailored to their individual needs and circumstances.
NPSD does not endorse or recommend any specific healthcare providers, treatments, products, or services listed on the platform. Users are solely responsible for evaluating the qualifications, credentials, and suitability of service providers and treatments for their specific needs.
By using the NPSD platform, users acknowledge and agree that NPSD shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from reliance on information provided on the platform or interactions with service providers listed therein.
7. User Responsibilities:
Users of the NPSD platform are expected to adhere to certain responsibilities to ensure a positive and respectful community experience. These responsibilities include:
- Providing accurate and truthful information when creating an account and using the platform’s features.
- Respecting the rights, privacy, and dignity of other users and service providers.
- Using the platform in accordance with applicable laws and regulations.
- Conducting due diligence and assessment of service providers before engaging their services.
- Reporting any inaccurate or misleading information found on the platform to NPSD for review and correction.
- Maintaining the security and confidentiality of their account credentials and not sharing them with unauthorized parties.
- Communicating with service providers in a professional and respectful manner.
Users understand that they are solely responsible for their actions and interactions on the NPSD platform. NPSD reserves the right to take appropriate action, including suspension or termination of user accounts, in cases of violation of these responsibilities or other terms outlined in the Terms of Use.
8. Intellectual Property Rights:
NPSD respects the intellectual property rights of others and expects users to do the same. All content and materials available on the NPSD platform, including but not limited to text, graphics, logos, images, audio clips, and software, are protected by copyright, trademark, and other intellectual property laws.
Users agree not to reproduce, modify, distribute, or create derivative works based on any content or materials found on the NPSD platform without the explicit permission of the respective rights holders. This includes but is not limited to service provider profiles, reviews, and other user-generated content.
By submitting content to the NPSD platform, users grant NPSD a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the operation of the platform and its services.
Users retain ownership of any content they submit to the platform but grant NPSD the necessary rights to host, display, and distribute such content on the platform. NPSD reserves the right to remove any content that violates intellectual property rights or other applicable laws or regulations.
9. Data Privacy and Security:
NPSD is committed to protecting the privacy and security of user data in accordance with applicable data protection laws and regulations. By using the NPSD platform, users consent to the collection, use, and disclosure of their personal information as described in the NPSD Privacy Policy.
NPSD collects and processes user data for the purpose of facilitating connections between users and service providers, improving the platform’s functionality and user experience, and complying with legal obligations. This may include but is not limited to personal information such as names, email addresses, and demographic information.
NPSD employs industry-standard security measures to protect user data from unauthorized access, disclosure, alteration, or destruction. However, users acknowledge that no method of transmission over the internet or electronic storage is completely secure, and NPSD cannot guarantee the absolute security of user data.
Users have the right to access, update, or delete their personal information stored by NPSD. Users can exercise these rights by contacting NPSD’s customer support team or by accessing their account settings on the platform.
NPSD may disclose user data to third parties, including service providers listed on the platform, for the purpose of facilitating connections and providing services. NPSD does not sell or rent user data to third parties for marketing purposes without explicit user consent.
For more information about how NPSD collects, uses, and protects user data, please refer to the NPSD Privacy Policy.
10. Liability and Disclaimers:
a. Limitation of Liability:
NPSD and its affiliates, directors, officers, employees, agents, and licensors 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, resulting from:
- The use or inability to use the NPSD platform.
- The cost of procurement of substitute goods or services.
- Unauthorized access to or alteration of user transmissions or data.
- Statements or conduct of any third party on the platform.
- Any other matter relating to the NPSD platform.
b. Disclaimer of Warranties:
NPSD provides the platform on an “as is” and “as available” basis without any warranties of any kind, whether express or implied. NPSD disclaims all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. NPSD does not warrant that the platform will meet users’ requirements or be uninterrupted, timely, secure, or error-free. Users acknowledge that the use of the NPSD platform is at their own risk.
c. Indemnification:
Users agree to indemnify, defend, and hold harmless NPSD and its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
- User’s violation of these Terms of Use.
- User’s use or misuse of the NPSD platform.
- User’s violation of any rights of a third party.
- Any content or materials submitted by the user.
Users agree to cooperate as reasonably required by NPSD in the defense of any claim. NPSD reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the user, and the user shall not settle any such matter without the prior written consent of NPSD.
11. Governing Law and Dispute Resolution:
a. Governing Law:
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law principles.
b. Dispute Resolution:
In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof, the parties shall endeavor to resolve the matter through good-faith negotiations.
If the parties are unable to resolve the dispute through negotiation within a reasonable period, either party may initiate mediation proceedings by providing written notice to the other party. The parties agree to participate in mediation in good faith and shall bear their own costs associated with the mediation.
If mediation is unsuccessful in resolving the dispute, the parties agree to submit to the exclusive jurisdiction of the courts located in the State of Illinois, United States for the resolution of any disputes arising out of or relating to these Terms of Use. Each party hereby waives any objection to the jurisdiction and venue of such courts and agrees not to assert any defense based on lack of jurisdiction or venue.
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or restrain the other party from breaching these Terms of Use or for other equitable relief.
This provision regarding governing law and dispute resolution shall survive the termination of these Terms of Use.
12. Updates and Modifications:
NPSD reserves the right to update, modify, or revise these Terms of Use at any time without prior notice. Any changes to these Terms of Use will be effective immediately upon posting on the NPSD platform. Users are encouraged to review the Terms of Use periodically for any updates or changes.
By continuing to use the NPSD platform after any modifications to these Terms of Use, users acknowledge and agree to be bound by the updated terms. If users do not agree with the modified terms, they must cease using the NPSD platform.
NPSD may notify users of significant changes to these Terms of Use through email or other means of communication. However, it is the responsibility of users to regularly check the Terms of Use for updates.
Users understand that NPSD may, at its discretion, modify or discontinue any aspect of the platform, including but not limited to features, functionalities, or services, without prior notice. NPSD shall not be liable to users or any third party for any modification, suspension, or discontinuation of the platform.
13. Termination Clause:
NPSD reserves the right to suspend or terminate a user’s access to the platform at any time, with or without cause, and without prior notice. Reasons for termination may include, but are not limited to:
- Violation of these Terms of Use or any other policies or guidelines provided by NPSD.
- Conduct deemed to be harmful, abusive, fraudulent, or in violation of the rights of others.
- Failure to comply with legal obligations or requests from law enforcement authorities.
- Any activity that disrupts or interferes with the operation of the NPSD platform or the experiences of other users.
Upon termination of a user’s account, their access to the NPSD platform will be immediately revoked. Users understand that NPSD may also take appropriate legal action, including seeking injunctive relief or pursuing civil or criminal penalties, for violations of these Terms of Use or applicable laws.
Users may request the termination of their account at any time by contacting NPSD’s customer support team. Upon receipt of such a request, NPSD will deactivate the user’s account and remove their access to the platform.
The provisions of these Terms of Use that, by their nature, should survive termination shall survive termination, including but not limited to provisions regarding intellectual property rights, liability, indemnification, and dispute resolution.
14. Miscellaneous Provisions:
a. Entire Agreement: These Terms of Use constitute the entire agreement between users and NPSD regarding the use of the NPSD platform, superseding any prior agreements or understandings between the parties.
b. Severability: If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
c. No Waiver: The failure of NPSD to enforce any provision of these Terms of Use shall not be deemed a waiver of its right to enforce such provision or any other provision in the future.
d. Assignment: Users may not assign or transfer any rights or obligations under these Terms of Use without the prior written consent of NPSD. NPSD may freely assign or transfer these Terms of Use, in whole or in part, without restriction.
e. Contact Information: Users may contact NPSD regarding any questions, concerns, or inquiries about these Terms of Use by emailing NeurodivergentPsychedelic@gmail.com.
f. Headings: The headings used in these Terms of Use are for convenience only and shall not affect the interpretation of the provisions herein.
g. Survival: Any provisions of these Terms of Use that, by their nature, should survive termination shall survive termination, including but not limited to provisions regarding intellectual property rights, liability, indemnification, and dispute resolution.
By using the NPSD platform, users acknowledge that they have read, understood, and agree to be bound by these Terms of Use.