1. Acceptance of these Terms
By accessing, browsing, submitting any form on, or otherwise using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, our Cookie Policy, and (where applicable) our HIPAA Notice of Privacy Practices, Consent to Treatment, Telehealth Agreement, and Office Policies, each of which is incorporated by reference. If you do not agree, you must not use this website. If you are entering into these Terms on behalf of an entity, you represent that you have authority to bind that entity.
2. Released Parties
Whenever these Terms refer to "Released Parties" or "we," "us," or "our" in the context of liability, indemnification, releases, dispute resolution, limitations, disclaimers, or warranty, those terms collectively mean and include, jointly and severally:
- Pasadena Clinical Group, including its parent, subsidiary, and affiliated entities, predecessors, successors, and assigns;
- The directors, officers, members, managers, partners, owners, and shareholders of any of the foregoing;
- All employees, clinicians (psychologists, marriage and family therapists, clinical social workers, professional counselors, and other licensed mental health professionals), supervisors, supervisees, trainees, interns, externs, fellows, and post-doctoral residents of any of the foregoing;
- All independent contractors, consultants, agents, vendors, business associates (as defined under HIPAA), service providers, technology providers, hosting providers, payment processors, billing companies, marketing and analytics providers, and other third parties engaged by us in connection with our practice or website;
- The volunteers, attorneys, accountants, and insurers of any of the foregoing; and
- The respective heirs, executors, administrators, representatives, successors, and assigns of any of the foregoing.
Each provision of these Terms granting a release, waiver, limitation, indemnity, defense, hold-harmless protection, disclaimer of warranty, or right to enforce dispute resolution provisions is for the benefit of, and may be enforced by, each and every Released Party as an intended third-party beneficiary, regardless of whether that Released Party is named in a particular section.
3. The website is not medical advice
The content on this website — including pages addressing postpartum depression, postpartum anxiety, postpartum OCD, postpartum PTSD, postpartum psychosis, perinatal loss, prenatal mood concerns, maternal burnout, and any other clinical topic — is provided for general educational and informational purposes only. It is not intended as, and shall not be construed as, medical advice, psychiatric advice, psychological advice, diagnosis, or treatment. Always seek the advice of a qualified, currently-licensed mental health or medical professional regarding your specific situation. Reliance on any information provided on this website is solely at your own risk.
4. No therapist-client relationship
Use of this website — including reading any page, submitting any form, requesting an appointment, or otherwise communicating through this website — does not create a therapist-client, psychologist-patient, doctor-patient, fiduciary, or other professional relationship between you and any Released Party. A clinical relationship begins only when (i) you have completed intake, (ii) signed the applicable Consent to Treatment and any related documents, and (iii) commenced services with a specifically-assigned clinician.
5. Acceptable use
You agree not to, and not to permit any third party acting on your behalf to:
- Use the website for any unlawful, fraudulent, or harmful purpose, or in violation of any applicable law, regulation, or rule;
- Use the website in any way that violates these Terms or infringes any right of any Released Party or third party;
- Attempt to interfere with, disrupt, degrade, or compromise the website's functionality, security, integrity, or availability, or other users' access;
- Use any automated tools, bots, crawlers, scrapers, or data-harvesting tools to access, copy, or compile content from the website without our prior written permission;
- Reverse-engineer, decompile, disassemble, or attempt to derive source code from any portion of the website;
- Submit false, misleading, defamatory, harmful, threatening, harassing, obscene, or otherwise unlawful information through any form;
- Submit Protected Health Information (PHI) through any general inquiry form, contrary to our published instructions;
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or commercially exploit any content from this site without our prior written permission; or
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
6. Intellectual property
All content on this website — including text, graphics, logos, marks, images, photographs, audio, video, design elements, page layouts, code, downloadable materials, and the selection and arrangement of the foregoing — is owned by Pasadena Clinical Group or licensed to us, and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws. The "Pasadena Clinical Group" name and any associated logos are trademarks. All rights not expressly granted are reserved. You receive only a limited, revocable, non-exclusive, non-transferable license to view and print pages for personal, non-commercial use. Any other use requires our prior written permission and may be revoked at any time.
7. Third-party links and services
The website may link to or integrate with external websites, platforms, or services we do not own or control (including, without limitation, social-media platforms, third-party hosting, analytics, payment processing, video conferencing, and bot-protection services). These links and integrations are provided as a convenience. We do not endorse, audit, or take responsibility for the content, accuracy, security, privacy practices, terms, or availability of any third-party site or service. Your use of any third-party site or service is at your sole risk and is governed by that third party's own terms.
8. Disclaimers — AS IS / AS AVAILABLE
THE WEBSITE AND ALL CONTENT, MATERIALS, FORMS, AND FUNCTIONALITY ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, FREEDOM FROM ERROR, SECURITY, AND THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR ANY SERVER IS FREE OF MALICIOUS CODE. NO ADVICE OR INFORMATION OBTAINED FROM THE WEBSITE OR ANY RELEASED PARTY CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, RELIANCE, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, BUSINESS INTERRUPTION, OR COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY CONTENT OR FUNCTIONALITY OF THE WEBSITE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), AND WHETHER OR NOT THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL CUMULATIVE LIABILITY OF THE RELEASED PARTIES, IN THE AGGREGATE, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100); OR (B) THE AMOUNT YOU ACTUALLY PAID TO PASADENA CLINICAL GROUP THROUGH THE WEBSITE, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
The foregoing limitations apply jointly and individually to each Released Party and to the aggregate of all Released Parties. The Released Parties are intended third-party beneficiaries of this Section 9. Nothing in these Terms limits liability that cannot, by applicable law, be limited (such as liability for gross negligence, fraud, or intentional misconduct under California law); however, all other liabilities are limited to the maximum extent permitted by law.
10. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless each and every Released Party from and against any and all third-party claims, demands, suits, actions, proceedings, losses, damages, judgments, settlements, fines, penalties, liabilities, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or related to: (a) your use or misuse of the website; (b) your breach of these Terms; (c) your violation of any law, regulation, or third-party right (including intellectual property and privacy rights); (d) any information, content, file, or material you submit through the website; or (e) your negligent or wrongful acts or omissions. We reserve the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses. You will not settle any claim without our prior written consent.
11. Dispute resolution: mediation, binding arbitration, class action and jury trial waivers
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES THROUGH PRE-SUIT MEDIATION AND THEN BINDING INDIVIDUAL ARBITRATION, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
11.1 Scope
This Section 11 applies to any past, present, or future dispute, claim, controversy, or cause of action — whether based in contract, tort (including negligence), statute, fraud, misrepresentation, equity, or any other legal theory — arising out of or relating to these Terms, the website, the relationship between you and any Released Party, any communications between you and any Released Party, or any services we offer or have offered (each a "Dispute"). Section 11 does not apply to (i) bona fide professional malpractice claims that, under California law, may not be subject to mandatory arbitration without a separate signed arbitration agreement compliant with California Code of Civil Procedure §1295 — those claims are governed solely by the arbitration agreement (if any) signed at the start of clinical care; (ii) actions for emergency injunctive relief to protect intellectual property, confidentiality, or to prevent unauthorized access to systems; or (iii) small-claims actions if the claim qualifies and proceeds only in small-claims court.
11.2 Step 1 — Informal resolution (30 days)
Before initiating mediation or arbitration, the party raising a Dispute must give written notice to the other party describing the Dispute and the relief sought. Notice to us must be sent to Pasadena Clinical Group, Attn: Legal, 301 N. Lake Ave, STE 600, Pasadena, CA 91101, with a copy to office@pasadenaclinicalgroup.com. The parties will attempt in good faith to resolve the Dispute informally for at least thirty (30) days from receipt of the notice before proceeding to mediation.
11.3 Step 2 — Mandatory pre-suit mediation
If the Dispute is not resolved during the informal-resolution period, the parties agree to submit the Dispute to non-binding mediation before a single mediator selected from JAMS or the American Arbitration Association ("AAA"), to occur in Los Angeles County, California, within sixty (60) days after the conclusion of the informal-resolution period (unless the parties mutually agree in writing to extend the deadline). Mediation costs (mediator's fee and any administrative fee) shall be split equally, except that each party shall bear its own attorneys' fees and expenses. Mediation is a condition precedent to commencing arbitration; a Dispute may proceed to arbitration only after good-faith mediation has occurred or after the other party has failed or refused to mediate within the deadline.
11.4 Step 3 — Binding individual arbitration
If mediation does not resolve the Dispute, the Dispute shall be finally and exclusively resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures (or, if the parties mutually agree, by AAA under its Commercial Arbitration Rules), before a single neutral arbitrator. The arbitration shall be conducted in Los Angeles County, California, in the English language, by an arbitrator who is a retired California state or federal judge or a California-licensed attorney with at least fifteen (15) years of relevant experience. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., shall govern the interpretation and enforcement of this arbitration agreement. The arbitrator shall apply the substantive law of California (without regard to conflict-of-law principles) to the merits of the Dispute. The arbitrator shall have exclusive authority to resolve any threshold issue regarding the formation, scope, applicability, enforceability, validity, or arbitrability of these Terms or this Section 11. The arbitrator's award shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.
11.5 Class, collective, and representative action waiver
YOU AND THE RELEASED PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class proceeding. If a court or arbitrator decides this waiver is unenforceable as to any particular claim or remedy, that claim or remedy (and only that claim or remedy) shall be severed from arbitration and brought in a court of competent jurisdiction in Los Angeles County, California; the remainder of this Section 11 shall remain in full force and effect.
11.6 Jury trial waiver
YOU AND THE RELEASED PARTIES KNOWINGLY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR ANY DISPUTE.
11.7 Costs and fees
Each party shall pay the costs and fees of arbitration (filing, administrative, and arbitrator fees) in accordance with the rules of the administering body, except as required by applicable law to render this Section 11 enforceable. Each party shall bear its own attorneys' fees, expert fees, and other expenses, except that the arbitrator may award reasonable attorneys' fees and costs to the prevailing party where authorized by applicable law or contract.
11.8 Survival and right to opt out
This Section 11 shall survive termination of these Terms and any clinical or commercial relationship with us. You may opt out of this arbitration agreement by sending written notice (postal mail or email) to the addresses in Section 11.2 within thirty (30) days after the date you first accept these Terms. Your opt-out notice must state that you wish to opt out of arbitration and must include your full name, postal address, and email address. An opt-out is not retaliation and will not affect any other provision of these Terms.
12. Governing law and venue
These Terms, and any non-arbitrable Dispute, are governed by and construed under the laws of the State of California, without regard to conflict-of-law principles, and (where applicable) the Federal Arbitration Act. Subject to Section 11, any judicial action permitted under these Terms shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and the parties consent to the personal jurisdiction of those courts.
13. Severability and survival
If any provision (or part of a provision) of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be severed or modified to the minimum extent necessary, and all remaining provisions shall continue in full force and effect. The provisions of these Terms relating to intellectual property (Section 6), disclaimers (Section 8), limitation of liability (Section 9), indemnification (Section 10), dispute resolution (Section 11), governing law (Section 12), severability (Section 13), assignment (Section 15), and entire agreement (Section 16) shall survive termination or expiration of these Terms.
14. Changes to these Terms
We may update these Terms from time to time. The current version will always be posted on this page with an updated "Last updated" date. Continued use of the website after changes are posted constitutes acceptance of the revised Terms. If a change materially affects your rights under Section 11, we will use reasonable efforts to notify you and you may opt out of the change in accordance with Section 11.8.
15. Assignment
You may not assign or transfer these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms in connection with a merger, acquisition, reorganization, sale of assets, by operation of law, or otherwise. Any attempted assignment in violation of this section is void.
16. Entire agreement
These Terms (together with the documents incorporated by reference under Section 1) constitute the entire agreement between you and the Released Parties regarding the subject matter hereof, and supersede all prior or contemporaneous communications, proposals, and agreements regarding the same subject matter. Our failure to enforce any provision of these Terms is not a waiver of that or any other provision. Headings are for convenience only and do not affect interpretation.
17. Contact
Questions about these Terms or notices required under Section 11?
Pasadena Clinical Group · Attn: Legal
301 N. Lake Ave, STE 600
Pasadena, CA 91101
Phone: 626-354-6440
Email: office@pasadenaclinicalgroup.com