Goodman Creatives Terms of Service
Last updated: February 2019
Goodman provides therapists with the Services, defined below. By using the Services, the Account owner and/or user (“You” or “Your” or Account holder) agree to the following terms and conditions (“Terms”) and acknowledge and agree that Your use of the Services is for therapy-related general business marketing and advertising information only.
The Terms sets forth the exclusive terms and conditions between the Parties and supersedes all previous proposals, agreements, negotiations, and other written or oral communications between the Parties with respect to the hosting and services provided hereunder.
If You do not agree with or accept any of these Terms, You should stop using the Site and Services immediately.
1. Services & Site. Goodman Creatives, including its infrastructure, control panel, websites, coaching, support, and website hosting (collectively referred to as “Services”) are all services of Goodman Creatives, a sole proprietorship (“Goodman” or “Our”). The website and associated domains and applications (https://www.goodmancreatives.com and https://www.therapistthemes.com ) are owned and operated by Goodman Creatives (Site). The Services do not include email functionality. You are responsible for obtaining and setting up Your own email service.
2. Fees. Goodman takes pride in providing therapists with a valuable service for a reasonable price. Goodman charges a monthly Account fee of $97.00 USD per website (the “Account Fee”) and a one-time $499.00 setup fee (“Setup Fee”) for each website. Throughout this agreement, use of the terms “website” and “site” will refer to a Goodman-powered websites for a therapy related business unless otherwise noted. When You first sign up, You will immediately be charged for the Setup Fee along with the first month’s Account Fee, and then Goodman will automatically bill Your monthly Account Fee on an ongoing monthly basis thereafter. Your Account is month-to-month, and You may discontinue service at any time without penalty or further obligation. You agree that any payments made in advance at the time of terminating Your Account are non-refundable.
- The Setup Fee. The Setup Fee includes the following: Goodman will style one website for You (“Selection & Review”). You will be able to choose a template, color palette, and images from our available selections, or You can provide Your images, subject to the terms herein regarding rights to usage. Goodman will provide You with guidance in making Your choices. Once You make Your choices, Goodman will create the Site. The Setup Fee includes two optional rounds of revisions of templates and styling from Goodman. Additional rounds of Selection & Review may be purchased for $99.00 per round, per website.
- The Account Fee.
- i. Your site’s monthly Account Fee is designed to provide You with the core infrastructure, support, and expertise necessary for You to grow Your website without proportionally expanding overhead or spending Your valuable time on technical details. The monthly Account Fee is $97.00 per month per website.
- ii. Timing of Payments. Each month is paid in advance for the month to come. You will be billed automatically by Our billing provider on the same day each month. Payment is not contingent on the launch of Your website or websites, nor on any other event, and starts immediately upon registration and continues monthly thereafter for the duration of Your Account until termination.
- iii. Hosting, Security, and Backups. Goodman also takes care of hosting, security, and backups for You. Your site and content are completely backed up daily for 30 days.
- Canceling Your Account. Your Account is month-to-month (unless You have arranged to pay for services in advance), and You may cancel at any time. To cancel, send an email to [email protected] stating that You would like to cancel Your Account. Goodman will then follow up with a phone call to confirm Your request. Please note that we will need to connect with You on the phone to confirm Your request in order to verify Your identity and ownership of the Account and arrange for a smooth shutdown or transition to another system. When You cancel Your Account, You may choose to keep Your Account active through the end of Your prepaid billing period, or request that we take the site offline immediately. All prepaid Account Fees are non-refundable. If You choose to move away from the Goodman’s platform, You may take all of Your content with You, including all images and files from Your site that You own. You may not use any of the code that powers or structures Your website within Goodman’s system or the website page templates Goodman utilized for the Your website. Upon deactivation of Your Account, all Services will cease to be hosted after 21 days.
3. Responsibility for Content. The primary Account holder (the person who originally registers the Account) is responsible for all content posted and activity that occurs under Your Account (even when content is posted by others to whom You have given access to Your Account). Goodman encourages You to periodically audit the content on Your site(s) to make sure that it is appropriate and ethics-compliant. You are responsible for ensuring that all content on Your Account and website(s) complies with relevant advertising provisions of Your jurisdiction’s and Your practices’ regulations. In short, You agree to review all materials posted on Your website(s) and blogs, and You assume full responsibility for all content. You agree not to use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in Your jurisdiction(s) (including but not limited to copyright laws).
4. Domain Name Registration. The Setup Fee includes registering one domain for your website and includes the fees for automatic renewal of the domain until such time as this Agreement terminates. The Setup Fee also includes the option to transfer Your domain to the new website, if you already have registered and own a domain of Your choice. Goodman will have no claim of ownership of Your domain. If You need help understanding this and making sure it’s done correctly, Goodman can help You during the setup phase of Your Account. Goodman will be responsible for the management of the registrar account(s) for all domains under this Agreement.
- THE SERVICES ARE IN NO WAY INTENDED TO FACILITATE THE SHARING, DISSEMINATION OR STORAGE OF ANY OF YOUR CLIENTS’ MEDICAL OR OTHER HEALTH-RELATED INFORMATION OR ANY INFORMATION THAT WOULD BE SUBJECT TO THE PROVISIONS OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, AND THE REGULATIONS PROMULGATED THEREUNDER, INCLUDING THE PRIVACY RULE AND SECURITY, AS AMENDED (“HIPAA”). However, in accordance with the provisions of HIPAA, including the Privacy Rule and Security, You agree to follow and abide by the following (all undefined terms in Sections 6, 7, 8, 9, and 10 have their meaning defined by the HIPAA regulations):
- Ensuring that Your use of the Services complies with applicable law, including but not limited to laws relating to maintenance of privacy, security, and confidentiality of patient and other health information.
- Implement and maintain appropriate administrative, physical and technical safeguards to protect information within the Services.
- Such safeguards must comply with federal, state, and local requirements, including the Privacy Rule and the Security Rule.
- Maintain appropriate security with regard to all personnel, systems, and administrative processes used by You or members of Your workforce to transmit, store and process electronic health information through the use of the Services.
- Specially Protected Information.
- You acknowledge that other federal and state laws impose additional restrictions on the use and disclosure of certain types of health information, or health information pertaining to certain classes of individuals.
- You agree that You are solely responsible for ensuring that personal health information is subject to the restrictions of the Privacy Rule and applicable law. In particular, You will:
- Not make available to other users through the Services any information in violation of any restriction on use or disclosure (whether arising from Your agreement with such users or under law);
- Obtain all necessary consents, authorizations or releases from individuals required for making their personal health information available to us; and
- Include such statements (if any) in Your notice of privacy practices as may be required.
6. Sensitive Patient Information. You agree to take full responsibility for adding disclaimers and warnings to any form that may encourage the transmission of confidential, sensitive, or protected patient information and indemnify and hold harmless Goodman and its vendors and partners against any real or alleged damages resulting from the use of Goodman regarding all of Your clients’ information. Furthermore, we recommend that You provide a required opt-in field on any form with which You collect private or personal information, and/or that You use to subscribe users to a mailing or distribution list. THE SERVICES ARE IN NO WAY INTENDED TO FACILITATE THE SHARING, DISSEMINATION OR STORAGE OF ANY OF YOUR CLIENTS’ MEDICAL OR OTHER HEALTH-RELATED INFORMATION.
7. Modifications to Service. Goodman reserves the right to modify or discontinue, temporarily or permanently, any of the Services. Prices of all Services, including but not limited to, the Account Fees, are subject to change upon 60 days’ notice from Goodman. Such notice may be provided at any time by email. Goodman also reserves the right to, without notice, charge any sales, service, excise, or any and every other form of tax, tariff, fee, or other method of payment lawfully demanded by the government of the United States, the State of California, Your state, or any other relevant authority. You agree that any such tax is Your responsibility, regardless of whether it is demanded prospectively or retroactively. We are not liable to You or to any third party for any modification, price change, suspension, or discontinuance of the Service.
8. Copyright and Content Ownership. All content posted using the Services, and to Goodman-powered websites and blogs must comply with U.S. copyright law. We reserve the right to remove any content that may reasonably be deemed or is in violation of the Digital Millennium Copyright Act or other Federal, State or Local copyright laws, but have no affirmative obligation to police Your content for compliance. If a complaint of alleged copyright violation is received, we will immediately contact You and give You an opportunity to respond before taking action. A failure to timely respond to such notice within one business day will be deemed to be Your consent to remove the materials in question. We claim no intellectual property rights over the material You provide, including Your posts, articles, endorsements, comments, and media. Your profile and materials uploaded remain Yours. However, by setting Your sites and blogs to be shared publicly, and by being an Account holder subject to these Terms, You agree to allow others to view and share Your content via social media, email and by any other means. Goodman does not pre-screen content, and there is no mechanism in place to prevent You from initially publishing anything, however, Goodman and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Goodman is in no way responsible for the content of your Site.
9. The look and feel of all Goodman site templates, layouts, widgets and other display elements are copyrighted and owned by Goodman. You are granted a limited use license to display these elements on Your domain for so long as Goodman provides Services to You. You are also granted a limited use license for any stock images provided to You for use on Your Goodman-powered site(s) for so long as Goodman provides Services to You. All limited use materials must be surrendered upon termination of Your Account and cannot be reused or reproduced elsewhere without the express written consent of Goodman.
10. Third-Party Vendors. Goodman may, at its sole discretion, provide support for third-party vendors (examples include, but are not limited to pay-per-click advertising, registrars, email vendors, chat and message services), but are not obligated to provide ongoing support for software and services that You buy elsewhere. For example, we may help guide You through the setup of Google Apps, Google Analytics, Google Adwords, live chat software, payment systems, and other services that can be integrated with Your site powered by Goodman, but Goodman is not responsible for troubleshooting other vendors’ software or services. Account-level changes must be authorized, in writing, by the primary Account holder, and, for Your protection, Goodman requires express permission before discussing Your Account with anyone other than You. Support is available during designated business hours. Goodman reserves the right to refuse to work with any outside vendor who is not an employee of Your business.
11. Analytics. Goodman provides analytics within Your control panel that show You various metrics including visits to Your website. Goodman also utilizes certain analytics services for its website(s) as well. The Goodman analytics package provides basic data to help You understand and improve Your web presence. Goodman does not warrant the accuracy of the analytics, nor guarantee that they will produce the same numbers as other services. Our analytics software tracks the IP addresses of visitors to Your site(s) and records them for the purpose of identifying when unique visitors return to Your site(s) to distinguish between new and returning visitors, among other things. Goodman has disabled IP address and analytics tracking for all visitors with IP addresses known to be associated with all countries in European Union. Upon request, we will also integrate Google Analytics into each of Your Goodman-powered websites. Google Analytics is a free service that provides reporting on a variety of metrics and is quite robust. You will have complete access to Your data at all times. By integrating Google Analytics, You agree to provide notice to Your site visitors to comply with all required notices regarding such usage.
12. Use of Our Software and Infrastructure. You understand that Goodman uses third-party vendors and partners to provide hardware, networking, storage, and related technology required to run the Services. Our website platform is built on WP Engine. Goodman may from time to time utilize other third-party vendors and partners and You understand that each of these services operate independently of Goodman and may transmit, process, or store data in conjunction with Your Goodman Account. You understand that the information that passes through Your Account, including, but not limited to Your contact information, information about Your website, and information submitted through Your website by visitors and in blog comments may be transmitted, processed, and/or stored by Goodman and one or more of our infrastructure providers. You acknowledge and agree to the transmission, processing, and storage of this information. We reserve the right to change, modify, or add to our software partners or vendors at any time. You may not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service. You understand that the technical processing and transmission of the Service, including Your content, may be transferred unencrypted and involve: (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may not upload, post, host, or transmit unsolicited emails that violate CANSPAM or SMSs, or are “spam” messages, worms, viruses, or any malicious or predatory code using our infrastructure.
13. Availability Of Service. The Services are available to therapists with offices in the United States only. By using the Service, You represent that You are a firm or a solo-practitioner in the United States practicing in the therapy and therapy-related services as a US Citizen over the age of eighteen (18). Goodman-powered sites are accessible everywhere in world, if they are not blocked by the government, ISP, or other public or private entity. If Your therapy practice solicits or conducts business in the European Union, with, or from EU citizens, we recommend that You evaluate Your use of forms on Your website to make sure that the information that You collect is done so in compliance with the GDPR. This includes forms, templates and blog comment forms, and all other parts or portions of the Services. While Goodman may in the future assist You at You with easy compliance with the GDPR, we cannot represent that our forms are GDPR compliant. We cannot provide You with legal advice about GDPR compliance and recommend that You evaluate Your exposure to GDPR regulations independently and to the extent applicable to Your therapy practice.
- No Waiver. Failure to exercise or enforce any right or provision of the Terms by Goodman will not constitute a waiver of such right or provision. These Terms constitute the entire agreement between You and Goodman and govern the use of the Service, and, when conflicting, supersede any prior agreements between You and Goodman (including, but not limited to, any prior versions of the Terms). Any agreements for content or other services provided by Goodman outside the scope of this agreement will be read in conjunction with the version of these Terms unless otherwise stated in that agreement.
- Choice of Law. You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by Goodman to resolve any legal matter arising from the Terms or related to Your use of the Services under this Agreement. If the court of law having jurisdiction rules that any provision of this agreement is invalid, then that provision will be removed from the Terms and the remaining terms will continue to be valid and operate in full force and effect.
- Updates to Terms. Goodman may update these Terms from time to time in its sole discretion; the current version may be found at https://goodmancreatives.com/terms-of-service/ . In the event of any material change, Goodman will provide You with written notice through the Site, or through email to the email on file. Your continued use of the Services following such updates constitutes Your acceptance of the same. If You do not agree to the Terms, You may terminate the Agreement in accordance herewith.