PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION CLAUSE, A CLASS-ACTION WAIVER, A JURY-TRIAL WAIVER, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS.
1. Acceptance of Terms
These Terms & Conditions (the "Terms") constitute a binding legal agreement between you ("you," "your," or "User") and Pasadena Clinical Group ("Pasadena Clinical Group," "PCG," "we," "us," or "our"), governing your access to and use of the website located at www.pasadenaclinicalgroup.com and any subdomains, mobile or tablet versions, web forms, and related online services (collectively, the "Website"). By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy and Cookie Policy. If you do not agree to these Terms, you must not use the Website.
2. Eligibility
You must be at least eighteen (18) years of age to use this Website. By using the Website, you represent and warrant that you are at least eighteen years old, that you are competent to enter into a binding agreement, and that your use of the Website does not violate any applicable law, regulation, or third-party right.
3. No Clinician-Patient Relationship; Informational Use Only
Use of the Website does not create a clinician-patient, doctor-patient, therapist-client, or any other professional relationship between you and Pasadena Clinical Group, our clinicians, our staff, or any of our trainees. Information presented on the Website is provided for general educational and informational purposes only and is not a substitute for professional psychological evaluation, diagnosis, or treatment. A clinician-patient relationship begins only after you have completed an intake with our practice and an active treatment agreement is in place.
4. Not for Emergencies
The Website is not designed for emergency or crisis services. If you or someone you know is experiencing a mental-health emergency, including thoughts of suicide or self-harm, please call or text 988 (Suicide & Crisis Lifeline), call 911, or go to the nearest emergency room. Pasadena Clinical Group is not a 24/7 crisis service and does not monitor messages submitted through Website forms in real time.
5. California-Only Services
Pasadena Clinical Group is a California outpatient psychology practice. Clinical services are provided only to clients physically located in the State of California at the time of service, in accordance with California licensure law. Information presented on the Website is offered to a general audience and is not directed to any individual outside of California for the purpose of clinical care.
6. Permitted Use of the Website
You agree to use the Website only for lawful purposes and in compliance with these Terms. You agree NOT to:
- Use the Website in any manner that could damage, disable, overburden, or impair our servers or networks;
- Attempt to gain unauthorized access to any portion of the Website, our systems, or our user accounts;
- Use any automated tool (robot, spider, scraper, bot) to harvest data from the Website without our prior written consent;
- Reverse-engineer, decompile, or disassemble any portion of the Website;
- Frame, mirror, or otherwise replicate the Website in any way;
- Submit content that is unlawful, threatening, harassing, defamatory, obscene, hateful, or that violates the rights of any other person;
- Submit Protected Health Information (PHI) through general contact forms, except as expressly directed by us through HIPAA-aware channels;
- Use the Website to transmit viruses, malware, or other malicious code;
- Impersonate any person or entity or misrepresent your affiliation;
- Use the Website in violation of any applicable law or regulation.
7. Intellectual Property Rights
All content on the Website, including without limitation text, graphics, logos, icons, images, photographs, videos, audio, code, design elements, and the "look and feel" of the Website (collectively, "Content"), is owned by Pasadena Clinical Group or its licensors and is protected by United States and international copyright, trademark, trade-secret, and other intellectual-property laws. "Pasadena Clinical Group," the leaf brand mark, and related names and logos are trademarks of Pasadena Clinical Group. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Website for your personal, non-commercial use. All other rights are reserved.
8. User-Submitted Content
If you submit any feedback, suggestions, comments, ideas, or other content through the Website ("User Content"), you grant Pasadena Clinical Group a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, copy, modify, distribute, publish, and otherwise exploit such User Content for any purpose without compensation, attribution, or notice to you. You represent and warrant that any User Content you submit is your own original content, does not infringe the rights of any third party, and does not contain unlawful or harmful material.
9. Third-Party Links and Resources
The Website may contain links to third-party websites, services, or resources. We do not own or control such third parties, and we are not responsible for their content, privacy practices, or accuracy. Inclusion of a link does not imply endorsement.
10. Privacy
Your use of the Website is governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT INFORMATION ON THE WEBSITE IS ACCURATE, RELIABLE, OR CURRENT.
Information provided on the Website is not medical advice and is not intended to diagnose, treat, cure, or prevent any condition. You should not rely on Website content as a substitute for professional medical or psychological care.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PASADENA CLINICAL GROUP, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CLINICIANS, TRAINEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR PERSONAL INJURY ARISING FROM RELIANCE ON WEBSITE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE AMOUNTS, IF ANY, PAID BY YOU TO US FOR USE OF THE WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THESE LIMITATIONS APPLY ONLY TO YOUR USE OF THE WEBSITE; THEY DO NOT LIMIT A CLINICIAN'S DUTY OF CARE TO AN ESTABLISHED PATIENT, WHICH IS GOVERNED BY YOUR SEPARATE INFORMED-CONSENT-FOR-TREATMENT AGREEMENT AND APPLICABLE PROFESSIONAL STANDARDS.
13. Indemnification
You agree to indemnify, defend, and hold harmless Pasadena Clinical Group and its owners, officers, directors, employees, clinicians, trainees, agents, and affiliates (collectively, the "Indemnified Parties") from and against any and all third-party claims, demands, suits, actions, losses, liabilities, damages, judgments, awards, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use or misuse of the Website; (b) your breach of these Terms; (c) your violation of any law or the rights of a third party; or (d) any content you submit through the Website. We reserve the right, at our sole expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense.
14. Mandatory Pre-Dispute Negotiation and Mediation
Before initiating any arbitration or other legal proceeding arising out of or relating to these Terms or your use of the Website (a "Dispute"), the parties agree to attempt in good faith to resolve the Dispute through informal negotiation. The party initiating the Dispute will provide the other party written notice describing the Dispute, the relief sought, and contact information. The parties shall negotiate in good faith for at least thirty (30) days from the date of notice.
If informal negotiation fails to resolve the Dispute, the parties agree to submit the Dispute to non-binding mediation administered by JAMS in Los Angeles County, California, under the JAMS Mediation Rules then in effect, before initiating arbitration. Each party will bear its own costs of mediation; the mediator's fee will be split equally. Mediation must be completed within sixty (60) days of the request, unless the parties mutually agree in writing to extend.
15. Binding Arbitration; Class-Action Waiver
If any Dispute is not resolved through negotiation and mediation as described in Section 14, you and Pasadena Clinical Group agree that the Dispute will be resolved exclusively through final and binding individual arbitration, and not in court, except as expressly described below.
(a) Federal Arbitration Act Governs.
This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. ("FAA"), and evidences a transaction involving interstate commerce. The FAA's substantive and procedural provisions shall apply to the maximum extent permitted by law.
(b) Administering Body and Rules.
Arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures or, for claims exceeding $250,000, its Comprehensive Arbitration Rules and Procedures, in each case as then in effect (the "JAMS Rules"). The JAMS Rules are available at www.jamsadr.com. The arbitration shall be conducted by a single neutral arbitrator selected pursuant to the JAMS Rules.
(c) Location and Procedure.
The seat and legal place of arbitration shall be Los Angeles County, California. Arbitration may be conducted in person, by video conference, or on documents only, as the arbitrator determines is appropriate. The arbitrator shall apply California substantive law and U.S. federal law where applicable.
(d) Class-Action and Class-Arbitration Waiver.
YOU AND PASADENA CLINICAL GROUP AGREE TO BRING ANY DISPUTE IN ARBITRATION ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE BASIS. The arbitrator may not consolidate more than one person's claims, may not preside over any form of representative or class proceeding, and may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this Class-Action Waiver is held to be unenforceable as to any particular claim, then that claim (and only that claim) shall be severed from the arbitration and brought in court; the remaining claims shall proceed in arbitration.
(e) Mass-Arbitration Provisions.
If twenty-five (25) or more similar arbitration claims against Pasadena Clinical Group are filed by, or on behalf of, multiple individuals represented by the same or coordinated counsel, the parties agree that the arbitrations will be administered in coordinated stages by JAMS to promote efficiency, with bellwether arbitrations of representative cases conducted before remaining claims proceed.
(f) Costs of Arbitration.
Each party shall bear its own attorneys' fees and costs in arbitration, except as otherwise required by applicable law or awarded by the arbitrator under any applicable fee-shifting statute. We will pay arbitration filing fees and arbitrator fees in excess of any amount you would have paid to file a similar claim in court, where required by applicable law or JAMS consumer rules.
(g) Confidentiality.
Except as required by law, the parties, the arbitrator, and JAMS shall keep confidential the existence, content, and result of any arbitration proceeding, including without limitation any documents exchanged.
(h) Arbitrator's Authority.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law and these Terms.
(i) Right to Opt Out of Arbitration.
You have the right to opt out of this arbitration agreement by sending a written opt-out notice to Pasadena Clinical Group, 301 N. Lake Ave, STE 600, Pasadena, CA 91101, postmarked within thirty (30) days of the date you first agreed to these Terms. The notice must include your full name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, neither party will be required to arbitrate Disputes, but Sections 16, 17, and 18 will continue to apply.
(j) Limited Exceptions.
Notwithstanding the foregoing, either party may bring an individual claim in small-claims court for any matter that qualifies, may seek injunctive or other equitable relief in court to protect intellectual-property rights, and may bring a claim before a public regulatory body to the extent required by law (such as a complaint to the California Board of Psychology or a HIPAA complaint to HHS Office for Civil Rights).
16. Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE. This waiver applies to any action or proceeding, whether sounding in contract, tort, or otherwise. Each party acknowledges that this waiver is a material inducement to enter into these Terms and that each party has had the opportunity to consult with counsel regarding this waiver.
17. Governing Law and Venue
These Terms are governed by, and shall be construed in accordance with, the laws of the State of California, without regard to its conflict-of-laws principles, and applicable federal law. Subject to Sections 14 and 15, you and Pasadena Clinical Group consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, for any matter not subject to arbitration.
18. Statute of Limitations
Any cause of action or claim you may have arising out of or relating to these Terms or your use of the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred, except where applicable law expressly prohibits such limitation.
19. Termination
We reserve the right, in our sole discretion and without prior notice, to terminate or suspend your access to the Website at any time, for any reason or no reason, including for violation of these Terms. Upon termination, all provisions that by their nature should survive will survive, including without limitation Sections 7 (Intellectual Property), 8 (User Content), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14–18 (Dispute Resolution), and 22 (General).
20. Force Majeure
We will not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including without limitation acts of God, natural disasters, earthquake, fire, flood, pandemics, epidemics, war, terrorism, civil unrest, labor disputes, government actions, internet or telecommunications failures, denial-of-service attacks, or utility failures.
21. Modifications to These Terms
We may modify these Terms from time to time by posting a revised version on the Website and updating the "Effective" date. Material changes will be communicated through a notice on the Website. Your continued use of the Website after a revision becomes effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website.
22. General
(a) Entire Agreement.
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Pasadena Clinical Group with respect to the Website and supersede all prior or contemporaneous communications and proposals.
(b) Severability.
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect.
(c) No Waiver.
No waiver of any provision of these Terms is effective unless in writing and signed by the waiving party. No failure or delay by either party in exercising any right or remedy under these Terms shall operate as a waiver.
(d) Assignment.
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms freely. Any attempted assignment in violation of this section is void.
(e) Notices.
Notices to us must be sent in writing to: Pasadena Clinical Group, Attn: Legal, 301 N. Lake Ave, STE 600, Pasadena, CA 91101. Notices to you may be sent to the email or postal address you have provided to us, or by posting on the Website.
(f) No Third-Party Beneficiaries.
These Terms are for the sole benefit of you and Pasadena Clinical Group and create no third-party beneficiary rights.
(g) Headings.
Headings are for convenience only and have no legal effect.
(h) Independent Contractors.
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Pasadena Clinical Group.
23. Contact
Pasadena Clinical Group
Attn: Legal
301 N. Lake Ave, STE 600
Pasadena, CA 91101
Phone: 626-354-6440
Email: office@pasadenaclinicalgroup.com
These Terms are sample/template language. Final published versions should be reviewed by California-licensed counsel.