Effective Date

August 08, 2024

These Terms of Use are entered into by and between You, the user, viewer, or visitor, and Prosper Behavioral Health, PLLC (“Prosper”, “We,” “Us,” or “Our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms”) govern your access to and use of the website located at www.myprosperhealth.com (“Website”). 

Please read these Terms carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms, our Privacy Policy, found at www.myprosperhealth.com/privacypolicy as well as any and all supplementary notices or disclaimers posted on the Website, all of which are incorporated herein by reference. If you do not want to agree to these Terms, the Privacy Policy, or the Washington Consumer Health Data Privacy Notice, you must not access or use the Website. 

Age and Geographic Limitations.

The owner of the Website is based in the State of Washington in the United States of America. This Website is intended for residents of the United States of America. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

This Website is made available to those who are age 13 and older only. By accessing this Website, you certify that you are a legal resident of the United States of America and at least 13 years old. If you do not meet all of these requirements, you must not access or use the Website. 

Information about You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy and our Washington Consumer Health Data Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and the Washington Consumer Health Data Privacy Notice.

Updates to our Privacy Policy and Terms of Use

We reserve the right to update our Privacy Policy, our Washington Consumer Health Data Privacy Notice, and Terms of Use at any time, without prior or express notice to you, and in our sole discretion. The Effective Date at the top of our Privacy Policy, Washington Consumer Health Data Privacy Notice, or Terms of Use page will be updated to reflect the most recent date of revision and become effective immediately upon posting, provided however, that any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. 

By your continued use of our Website following any such updates, you agree to be bound by any such changes. You are encouraged to review our Privacy Policy, Washington Consumer Health Data Privacy Notice, and Terms of Use periodically.

Access to our Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are solely responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access some of the resources the Website offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and Washington Consumer Health Data Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Policy and Washington Consumer Health Data Privacy Notice.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property

Unless otherwise specified, all content appearing on this Website, including but not limited to text, photos, graphics (except for font faces and logos of third party Websites and services), videos, audio recordings (such as podcasts), its design, selection and arrangements, are the property of Prosper and are protected by United States copyright law, trademark law, international treaties, and other applicable laws. 

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not resell, sublicense, or transfer any of the content appearing on this Website, modify or create derivative works based upon this content, or “frame,” “scrape,” or “mirror” this Website, its content, or its services on any other Website, server, or device, reproduce, distribute, publically display, publicly perform, republish, download, store or transmit any of the materials on our Website, except as follows: 

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Prosper. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. All rights not expressly granted within these Terms of Use are reserved by Prosper and its licensors.

Trademarks

The name “Prosper Behavioral Health” and all other related names and logos, product and service names, designs, slogans and color schemes are trademarks of Prosper or its affiliates or licensors. You must not use such marks without the prior written permission of Prosper. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), such as hacking, subversion, stalking, harassment, theft of intellectual property, theft of private or personal information. 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Prosper, a Prosper employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Prosper or users of the Website, or expose them to liability.

Additionally, you agree not to: 

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, or access or attempt to access this Website via any means other than through the publicly provided interface. 
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
• Access or attempt to access this Website through any automated means, including scripts or web crawlers. 

Monitoring and Enforcement; Termination

We have the right to: 

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS PROSPER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PROSPER DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PROSPER OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Errors and Omissions; Reliance on Information Provided

We reserve the right to change, update, or remove the information on our Website at any time and without prior or express notice. The information presented on or through the Website is made available solely for general information purposes. While we strive make the content of our Website as accurate as possible, we cannot guarantee the accuracy or completeness of all information on this Website. For example, some text may contain typographical errors, some photographs may depict personnel who are no longer active or materials that are no longer current, service fees may change before notice is given to our webmaster, bus routes near our clinic may have been altered or omitted, certain educational information may become obsolete in the light of evolving scientific knowledge, etc. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Prosper, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Prosper. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Submission of Feedback

You acknowledge and agree that we shall have the right to use for any purpose—with or without acknowledgment or credit and without compensation to you—any reviews, podcast ideas or questions, or any other suggestions or feedback that you submit to us via our Website, social media accounts, or email. Such purposes may include, but are not limited to: promoting our services on our Website or social media, modifying the look, layout, or features of our Website and social media pages, and producing and distributing podcasts, videos, articles, or other content based on user-submitted topics or questions. 

By writing to or about us through our Website, social media accounts, or email, you also consent to receive electronic communications from us in return, though no such return communication is guaranteed.

Links to Our Website

You may create hyperlinks to our Website provided you do not do so in a manner that portrays Prosper, its personnel, patients, supporters, or services in a false, offensive, or misleading manner. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. 

Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

Social Media Features

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links to Third Party Websites

Our Website includes links to third party services and Websites. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and we make no guarantee of the accuracy or security of any third party service or Website and are not liable for any losses or damages of any type or kind issuing from your use any third party service or Website. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.

Your use of any third party service or websites is at your own risk and subject to the privacy policy, terms of use, terms of service, and any other applicable policies or agreements of each respective third party service or Website. Links to third party services and Websites do not imply any endorsement, approval, or recommendation of their content.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PROSPER NOR ANY PERSON ASSOCIATED WITH PROSPER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PROSPER NOR ANYONE ASSOCIATED WITH PROSPER REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, PROSPER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PROSPER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE

Indemnification

You agree to defend, indemnify, and hold harmless Prosper, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Force Majeure

We shall not be liable for any losses, damages, or delays or failures to act due to any cause beyond our reasonable control.

Applicable Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in the City of Seattle and County of King, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Severability

If any part of these Terms of Use is determined to be unenforceable or invalid, such part shall be deemed modified to the extent necessary to make it enforceable and valid. The invalidity or lack of enforceability of any part of these Terms shall not nullify any other of the other parts of these Terms, which shall remain in full force and effect.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR 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

Waiver and Severability

No waiver by Prosper of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Prosper to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Prosper regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Contact

You may contact us if you have any questions or comments about our Terms of Use or other Website policies. Please email us at info@myprosperhealth.com with the subject line, “Attn: Privacy Officer,” or write to us at:

Prosper Behavior Health
Attn: Privacy Officer
1201 2nd Ave Suite 900
Seattle, WA 98101