Terms of Service
The Therapy Share, LLC
Welcome to a website of The Therapy Share, LLC, located at www.thetherapyshare.com (hereinafter “We”, “Us”, “Our”) and thank You (any visitor to Our web site; hereinafter "You", "Your", "User", "Visitor") for considering Our products and services. The Therapy Share is designed to be a site for the exchange of digital educational healthcare resources.
The Therapy Share is only a marketplace. We are not involved in any actual transactions made through this web site; nor are We the representative of any site Visitor, Seller, or Buyer.
Products Are Sold To You By Sellers.
The products You select to purchase are sold to You by the individual Sellers. We are not the creators of the products; We are only a marketplace for the sale of the products.
The Therapy Share is not responsible for disputes between Buyers and the Sellers You purchase from. Sellers and Buyers shall communicate to one another directly.
Buyers agree to pay in full for all content purchased through this web site, and hereby agree that The Therapy Share may charge their PayPal or other account for any content purchased on our service.
Secure Payment Options
You may checkout with PayPal which accepts all major credit cards. The Therapy Share does not have access to Your credit card information.
We have the right to add or remove payment processing services used by Our service at Our discretion and it is the responsibility of the Users to update their information accordingly to allow for timely transactions to take place.
The Therapy Share is not responsible for services provided by the payment processing systems utilized by Our service and We are not responsible for any delays in payment caused by the payment processors.
Returns & refunds
All sales are final, however, refunds may be offered under certain situations.
1. Purchasing duplicate resources . If You accidentally purchase the same resource twice within 24 hours due to technical issues Your item can be refunded by The Therapy Share, however, You should be automatically prompted if You already have purchased a document. All of Your purchases will be stored in Your account therefore You will be responsible for checking to see if You already purchased a resource before downloading it. If You pay for the same resource twice We cannot refund Your money unless it was by technical error (i.e. accidentally clicked the purchase button twice within 24 hours of the previous purchase.)
2. Corrupt or damaged files. The Therapy Share does not check every file uploaded to ensure it works correctly and is readable. It is the Seller’s responsibility to make sure their content is of high digital quality. If a file is damaged or unreadable the Buyer is to contact the Seller to notify them of the issue within 10 days of purchasing the file. It is then the Seller’s responsibility to fix and re-send the file to the buyer. If an issue still persists the buyer can contact The Therapy Share and The Therapy Share may make a further investigation at their sole discretion. The Therapy Share may hold a Seller responsible for the cost of refunding the item in their sole discretion.
3. Inaccurate product descriptions. In some instances a Buyer may not be happy with a purchase due to the seller not accurately describing the product. In these cases it is up to the Buyer to notify the Seller of the discrepancy within 10 days of purchasing the file. The Seller then has the opportunity to either defend their description and product or choose to edit the description and allow for a refund to the buyer. If an issue still persists the buyer can contact The Therapy Share and The Therapy Share may make a further investigation at their sole discretion. The Therapy Share may hold a Seller responsible for the cost of refunding the item in their sole discretion.
4. Disagreements or disputes. We are under no obligation to become involved in any disagreements or disputes or to refund any monies paid. Users hereby agree that they will not hold The Therapy Share liable for any demands, claims, or damages of any kind that are a result of or relating to a dispute.
The Therapy Share is designed to be a site for the exchange of digital educational healthcare resources. All content must be originally created by the seller. If the content is valuable to You, then it will be valuable to someone else.
Supported Digital Files
The digital file types that the Therapy Share supports are fairly limitless. If You have a specific question about Your file types please contact Us.
There is a minimum set price of $2.00 for any item listed for sale at The Therapy Share (with the exception of free items.) Seller hereby agrees that the entire product being sold is included in a single download and multiple purchases are not required to obtain a complete product.
The Therapy Share is an open marketplace; therefore, You are permitted to cross post Your items to other sites. However, We do ask that You price Your items on The Therapy Share for comparable prices that You are listing them for on other sites. Failure to do so will result in Your item being deactivated to allow You the opportunity to make the appropriate price adjustment.
Sellers are responsible for managing their own products and pricing their products including the price of multiple licenses.
Each Seller will be able to sign-in to their Dashboard which will contain information on the products for sale, Product Pricing, Control Thumbnail and Preview Images, sales history, the ability to change, add or delete Products and Product pictures, links, etc.
Standard Seller Accounts
A standard seller account is free. With this type of account a seller can post as many items as they wish to sell in their marketplace. Once a sale is made, $0.30 plus 2.9% (3.9% for international sellers) of the sale is deducted before any royalties are paid (this is the charge that PayPal charges per transaction). The seller will then earn 60% of the royalty on their sold item, with the other 40% being used by The Therapy Share to keep the website up and running.
Sellers will be paid monthly via Paypal on a date to be determined by Us. Further, We shall have the right to withhold or delay payments and funds if in Our sole discretion there is a possible problem. Any refunds due to Buyers will be deducted from the Seller's monthly payment. Sellers are responsible for keeping their financial information up to date with Paypal in order to allow monies to be paid. Sellers will be held responsible for any fees charged by the Paypal for making monthly payouts.
Standard seller accounts can be upgraded at any time to prime accounts; You will begin earning Your higher royalties the same day that You upgrade. No retro-royalties will be paid on sales made prior to the date of the upgraded account.
Prime Seller Accounts
An upgraded “Prime” seller account is similar to that of a standard account; however, the seller has the opportunity to earn more royalty on their digital merchandise. An annual fee of $60 is charged by Us to upgrade to this account. Once a sale is made, $0.30 plus 2.9% (3.9% for international sellers) of the sale is deducted before any royalties are paid (this is the charge that PayPal charges per transaction). The seller will then earn 80% of the royalty on their sold item, with the other 20% being used by The Therapy Share to keep the website up and running.
Prime Sellers will receive the following additional incentives: 1) the ability to run sales on their products (offer a discounted rate on their products for a period of time to be determined by the seller) ; 2) access to product sales analytics, and 3) We may, from time to time, feature the Seller or the Seller’s products on social media sites or market the products for the Seller.
We will charge Tuscarawas County, Ohio, Sales tax on all Prime Memberships.
All other terms concerning Seller accounts will remain the same.
I nternational Sellers will be charged a slightly higher transaction fee (3.9%) for each sale due to PayPal charges.
Sales and Other Taxes
The Therapy Share is not a vendor of products; the seller is considered the vendor of all items sold. Sellers hereby agree that they are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes, that might apply to any sales Sellers make in connection with Our site. It is the responsibility of the Seller to determine and abide by sales tax reporting requirements which vary state by state. Buyer's will be responsible for any applicable Use taxes in their state. If The Therapy Share is at any point held responsible for sales tax on the sale of products the seller will be responsible for reimbursement of the tax to The Therapy Share.
Tax Information Supplied by The Therapy Share to the Seller
Due to Internal Revenue Service (IRS) regulations, The Therapy Share is required to file Form 1099-K for U.S. taxpayer sellers who meet the following criteria in a calendar year: 1) Earn more than $20,000 in unadjusted gross sales, and; 2) Have more than 200 transactions.
IRS regulations require non-U.S. taxpayers to provide Form W-8BEN to The Therapy Share in order to be exempt from U.S. tax reporting requirements. International sellers are responsible for abiding by United States guidelines, laws, and reporting requirements regarding reporting income made through United States business transactions..
Seller Copyright And Guidelines
All content Sellers provide on Our site must be originally created by the seller.
The Copyright to the materials for sale on The Therapy Share shall belong to the Seller; and Seller hereby warrants and affirms that they own the Copyright on their Products. Each Seller hereby grants to the Buyer a one-time limited use of the copyright material they purchase; with the exception that materials sold for distribution which is meant by the Seller to be used as an educational handout or worksheet according to the Seller’s description are permitted to be copied and used as the resource is intended.
The Buyer’s purchases are meant for personal use only. If a buyer purchases a Seller’s resource which is meant to be used as an educational handout or worksheet then according to this Terms of Service, the Buyer is permitted to copy and use the resource as intended. However, they are not permitted to share the resource with colleagues who intend to use the resource for the same purpose. In this case the buyer can have the option to purchase multiple licenses for the product at a possible discounted rate in the sole discretion of the Seller. The Buyer can then share the resource with their colleagues.
Social Media Links
We encourage Sellers to use Social Media from appropriate sites to link to their Products for sale on Our site. However, We reserve the right, in Our sole discretion, to delete links We determine to be inappropriate.
We hereby claim The Therapy Share, LLCTM and thetherapyshare.com™, and the tag line ”The one-stop shop for buying and selling healthcare digital resources “™ to be trademarks of Our company.
USER NAME AND PASSWORDS
You hereby agree that You are responsible for all actions taken under Your user name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
INFORMATION ABOUT BUYERS AND SELLERS
Navigate through Our Seller’s product pages. Select items You wish to purchase and place them in Your shopping cart. You will have the opportunity at check-out to edit Your purchases.
Previous purchases will be stored in Your downloads folder when You are logged in under Your user name. If a Seller removes a product or if We need to remove a product for any reason; that item will also be removed from the Buyer’s downloads folder. We recommend that You always save a backup copy of Your Downloads. We are not responsible for providing additional copies of a purchased document if Your copy is removed from Your downloads folder.
As indicated by the notice on the bottom of Our Home Page, The Therapy Share, LLC, claims a copyright to the contents of this website.
USING GOOD CITIZENSHIP IN PRODUCT POSTING, REVIEWS, FORUMS, ETC.
You understand and agree that You will not Use Our website to post, email, upload or transmit any content that is: patently offensive, vulgar, unlawful, threatening, defamatory, abusive, tortuous, obscene, libelous, illegal, hateful, harmful, harasses or advocates harassment of another person, invasive of another person’s privacy, exploitive of people in a sexual or violent manner, racially, ethnically or otherwise objectionable or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual. Nor will You use Our website to; Impersonate another person or post a photograph of another person as Your image; stalk or otherwise harass another; harm a minor in any way; promote commercial activities and/or sales such as contests, sweepstakes, barter, or advertising except as provided by the functionality of the Site. Nor will You post, email, upload or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, unsolicited mass mailing, chain letters, or pyramid schemes. Nor will You promote an illegal or unauthorized copy of another person’s copyrighted work; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Nor will You use software that automatically creates user identities; intentionally or unintentionally violate any applicable local, state, national or international law. Nor will You post a review on a business You own, control or are employed by; post inaccurate or misleading information or pictures; or misrepresent a product or service. You understand and agree that You are solely responsible for Your interactions with other visitors and that We reserve the right, but have no obligation, to monitor disputes between You and other visitors. Further, We may delete data and posts which violate this Agreement for any reason or for no reason based on Our sole discretion.
DIGITAL MILLENNIUM COPYRIGHT ACT
As provided for in the Digital Millennium Copyright Act; if You feel any content on this website violates Your copyrights please contact Our designated agent:
Andrew M. Jaffe
2375 Covington Rd., Suite 315
Akron, Ohio 44313
Fax: (206) 203-3649
by fax, email or regular U.S. mail with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Once We have received Your complaint We will:
- Remove or disable the identified infringing material (but maintain a copy for later use);
- Promptly notify the subscriber with a copy to the complaining party that We have removed or disabled access to the material; and
- We will inform the subscriber that they may submit a counter-notification regarding the claimed infringing material.
Counter Notification - To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent by fax, email or regular U.S. mail that includes substantially the following:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the subscriber’s address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the counter notification or an agent of such person.
Upon receipt of a counter notification We will promptly provide the complaining party with a copy of the counter notification, and inform that person that We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless Our designated agent first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.
OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER. YOU AGREE, AND ACKNOWLEDGE THAT WE MAINTAIN A NO REFUND POLICY.
You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
Neither the Buyer, the Seller nor We shall be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
You may not assign the rights or obligations under this Agreement without Our prior written consent.
RELATIONSHIP OF THE PARTIES
The parties to this Terms of Service are independent contracting entities, and there is no partnership or agency relationship between them.
INTENDED FOR USERS OVER 18
Our services are available and may only be used by individuals who are 18 years of age and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old and that all registration information You submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.
Except as modified or supplemented by a writing executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.
In the event of a dispute with Us, You hereby agree to attempt to resolve the dispute by contacting Us prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of Our web site are governed by the laws of the State of Ohio, and the Federal and State courts of Tuscarawas County, Ohio, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.
If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
This Agreement is effective as of March 26, 2016. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our Web site.