Términos y condiciones — resumen en español
Estos términos rigen su uso de este sitio web, incluyendo las reglas para enviar formularios y la propiedad intelectual del contenido. Incluyen una cláusula de resolución de disputas que requiere primero mediación, después arbitraje vinculante en el condado de Los Ángeles, antes de cualquier litigio. El sitio se proporciona "tal como es" sin garantías. Esto no es asesoramiento clínico ni crea una relación terapeuta-paciente. La versión legal vinculante está en inglés.
Terms & Conditions
Effective date: [TBD]. Last updated: [TBD]. Legal questions: office@pasadenaclinicalgroup.com · 301 N. Lake Ave STE 600, Pasadena, CA 91101.
READ CAREFULLY. These Terms include a mandatory mediation followed by binding individual arbitration, a class-action and jury-trial waiver, a limitation of liability, and a one-year limitation period for bringing claims. By accessing or using this Site, you agree to be bound by these Terms.
1. Acceptance and capacity
These Terms & Conditions ("Terms") form a binding contract between you and Pasadena Clinical Group (defined below). By accessing, browsing, or otherwise using best-couples-counseling.com or any related URL, subdomain, or successor site (collectively, the "Site"), you represent that (a) you are at least 18 years old or the legal age of majority in your jurisdiction, (b) you have the legal capacity to enter into a binding contract, and (c) you accept these Terms in full. If you do not agree, you must not use the Site.
2. Definitions
- "Practice," "we," "us," "our." Pasadena Clinical Group, a California professional entity (and its parent entity, subsidiaries, affiliates, predecessors, successors, and assigns).
- "Indemnified Parties." The Practice and each of its members, managers, owners, officers, directors, shareholders, supervisors, employees, licensed clinicians, doctoral practicum trainees and other trainees, independent contractors, consultants, agents, attorneys, accountants, billing partners, IT and hosting providers, business associates (as defined under HIPAA), and other persons or entities acting on behalf of the Practice in any capacity, together with their respective heirs, executors, administrators, successors, and assigns.
- "You," "your," "User." Any person or entity accessing or using the Site, regardless of whether such person is a current, former, or prospective client.
- "Services." Any clinical, training, billing, telehealth, or administrative service provided or offered by the Practice, whether through the Site or otherwise.
- "Content." All text, images, audio, video, code, design elements, trademarks, logos, and other materials made available on or through the Site.
- "Submissions." Any communication, message, file, form entry, application, or other material you transmit to the Practice via the Site.
3. No medical or clinical advice; no provider-patient relationship
The Site is informational and educational. Nothing on the Site constitutes medical, psychological, psychiatric, or legal advice, and nothing on the Site is a substitute for the diagnosis, treatment, or advice of a qualified, licensed clinician acting in a treatment relationship with you. Visiting, reading, browsing, or transmitting an inquiry through the Site does not establish a clinician-patient relationship. A clinician-patient relationship with the Practice is formed only through a separately signed informed-consent and intake process and acceptance of you as a client by an assigned clinician. The Practice does not provide emergency or crisis services. If you or someone in your household is in immediate danger, call 911 or, in California, the 988 Suicide & Crisis Lifeline.
4. Eligibility and acceptable use
You agree that you will not, and will not authorize or assist any third party to:
- use the Site in violation of any applicable law, regulation, or these Terms;
- impersonate any person, misrepresent your affiliation with any person or entity, or submit false information through any Site form;
- upload, transmit, or distribute any virus, malware, ransomware, worm, trojan, time bomb, or other harmful code;
- attempt to access, scrape, harvest, or interfere with any system, network, account, or data not intended for you, including by reverse engineering, decompiling, or disassembling the Site;
- use the Site to harass, threaten, defame, or harm any person, including any clinician, employee, or other client of the Practice;
- use any robot, spider, scraper, or other automated means to access the Site or collect content from it;
- use the Site to send unsolicited commercial communications, advertisements, or solicitations of any kind;
- infringe the intellectual property, privacy, publicity, or other rights of the Practice or any third party.
The Practice reserves the right, in its sole discretion, to investigate suspected violations and to suspend or terminate Site access (and to refuse or terminate Services) for any reason or no reason, with or without notice, to the extent permitted by law.
5. Intellectual property
All Content is owned by the Practice or its licensors and is protected by United States and international copyright, trademark, trade dress, patent, and other intellectual-property laws (17 U.S.C. § 101 et seq.; 15 U.S.C. § 1051 et seq.; California Civil Code § 3344; and applicable common law). The Practice grants you a limited, revocable, non-transferable, non-exclusive license to view and download Content for your personal, non-commercial use only. You may not copy, reproduce, republish, distribute, sell, license, sublicense, modify, create derivative works of, publicly perform or display, frame, mirror, or commercially exploit any Content without the Practice's prior written authorization. "Pasadena Clinical Group," the PCG logo, and other marks of the Practice are trademarks of the Practice.
6. User submissions and feedback
By transmitting a Submission, you (a) represent and warrant that you own or have all rights necessary to do so; (b) grant the Practice a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, store, transmit, and process the Submission for the purpose of responding to you and operating, improving, and protecting the Practice and the Site; (c) agree that the Practice has no obligation of confidentiality with respect to Submissions except where required by HIPAA, the California Medical Information Act (Civil Code § 56 et seq.), or other applicable law; and (d) waive any moral rights to the extent permitted. Do not submit Protected Health Information (PHI) through the Site contact form. Sensitive health information should be discussed by phone at (626) 354-6440 or in session.
7. Third-party links and services
The Site may contain links to third-party websites, services, or resources (including payment processors, telehealth platforms, directory listings, and analytics or anti-abuse providers such as Cloudflare). The Practice does not endorse, control, or assume responsibility for any third party's content, privacy practices, security, or operation. Your dealings with any third party are solely between you and that third party.
8. Disclaimers; "AS IS" and "AS AVAILABLE"
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, ALL CONTENT, AND ALL SERVICES OFFERED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, THE INDEMNIFIED PARTIES DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECT WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOST DATA; LOST GOODWILL; LOST BUSINESS; SERVICE INTERRUPTION; COMPUTER DAMAGE; OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE INDEMNIFIED PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE INDEMNIFIED PARTIES' AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF (a) ONE HUNDRED U.S. DOLLARS ($100) OR (b) THE AMOUNT YOU PAID THE PRACTICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The foregoing limitations apply to the fullest extent permitted by law. They do not limit (i) liability that cannot be limited under California Civil Code § 1668 (willful injury, fraud, or violation of law); (ii) liability for clinical malpractice, which is separately governed by California's Medical Injury Compensation Reform Act (MICRA) and related statutes; or (iii) any other liability that California law expressly forbids waiving or limiting. The parties acknowledge that the foregoing allocation of risk is an essential element of the bargain between them.
10. Indemnification
To the maximum extent permitted by applicable law, you agree to defend (with counsel reasonably acceptable to the Practice), indemnify, and hold harmless the Indemnified Parties from and against any and all third-party claims, demands, suits, actions, proceedings, judgments, awards, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs of investigation and defense) arising out of or relating to (a) your access to or use of the Site or any Service; (b) your Submissions or any content you make available through the Site; (c) your violation or alleged violation of these Terms or any applicable law; (d) your violation or infringement of any third party's rights, including intellectual-property, privacy, or publicity rights; (e) any negligent or wrongful act or omission by you; or (f) any claim that any of the foregoing caused damage to a third party. The Practice reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Practice in asserting any available defenses.
11. Dispute resolution — informal, then mediation, then mandatory binding individual arbitration
Please read this Section carefully. It affects your legal rights, including the right to file a lawsuit in court and the right to participate in a class action.
(a) Scope. Except for the carve-outs in subsection (g), any dispute, claim, controversy, or cause of action between you and any Indemnified Party arising out of or relating to (i) these Terms; (ii) your use of the Site; (iii) any Submission; (iv) any communication or interaction with the Practice through the Site; or (v) any breach, enforcement, interpretation, or validity of these Terms (collectively, "Disputes") shall be resolved exclusively as set forth below.
(b) Informal resolution (mandatory pre-suit notice). Before commencing any mediation or arbitration, the party asserting a Dispute must send a written, individualized notice describing the Dispute, the relief sought, and the asserting party's contact information to the other party (for the Practice: 301 N. Lake Ave STE 600, Pasadena, CA 91101, attn: Legal). The parties shall negotiate in good faith for thirty (30) days to resolve the Dispute. The statute of limitations and any filing-fee deadlines shall be tolled during this period.
(c) Mediation. If informal resolution fails, the Dispute shall be submitted to non-binding mediation in Los Angeles County, California, before a single mediator from JAMS (or, if JAMS is unavailable, the American Arbitration Association ("AAA"), or another mediator the parties mutually agree on in writing), conducted under that organization's then-current mediation rules. The parties shall share mediation fees equally except as otherwise required by law. The parties shall participate in mediation in good faith for at least one full session.
(d) Mandatory binding individual arbitration. If mediation does not resolve the Dispute within sixty (60) days after the mediator is appointed, the Dispute shall be finally and exclusively resolved by binding individual arbitration administered by JAMS in Los Angeles County, California, under the JAMS Comprehensive Arbitration Rules and Procedures then in effect (or, where applicable to the amount in controversy, the JAMS Streamlined Arbitration Rules). The Federal Arbitration Act, 9 U.S.C. §§ 1–16 ("FAA"), and California Code of Civil Procedure §§ 1280 et seq. (to the extent not inconsistent with the FAA) shall govern the interpretation and enforcement of this Section. The arbitrator (i) shall be a retired California state or federal judge or an attorney with at least fifteen (15) years of California civil-litigation experience; (ii) shall have the authority to decide all issues of arbitrability, including the validity, scope, and enforceability of this Section; (iii) shall apply California substantive law and the same statutes of limitation that would apply in a California court; and (iv) shall issue a reasoned written award. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
(e) Class-action waiver; jury-trial waiver. YOU AND THE PRACTICE EACH AGREE THAT ALL CLAIMS WILL BE BROUGHT SOLELY 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 more than one person's claims, may not preside over any form of representative or class proceeding, and may award relief (including monetary, injunctive, and declaratory 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. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY in any action, proceeding, or counterclaim arising out of or relating to these Terms or any Dispute, to the maximum extent permitted by applicable law.
(f) Costs and fees. The Practice will pay arbitration filing, administrative, and arbitrator fees to the extent required by JAMS's then-current consumer arbitration minimum standards or by California law (see Armendariz v. Foundation Health Psychcare Services, Inc., 24 Cal. 4th 83 (2000)). The arbitrator may award reasonable attorneys' fees and costs to the prevailing party to the maximum extent permitted by California law.
(g) Carve-outs. The mandatory mediation/arbitration provisions of this Section do not apply to: (i) actions in small-claims court within that court's jurisdictional limits; (ii) claims for temporary or preliminary injunctive relief to prevent or stop unauthorized use, infringement, or misappropriation of intellectual-property or confidential information rights; (iii) any claim that California or federal law expressly does not permit to be arbitrated, including, where applicable, sexual-assault and sexual-harassment claims under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. § 402) and California Code of Civil Procedure § 1281.97; (iv) clinical malpractice or professional-negligence claims, which are governed by separate California statutory procedures (including MICRA, Code Civ. Proc. § 364, and the California Medical Board's complaint process); and (v) claims arising under HIPAA, the CMIA, or other statutes that vest jurisdiction in a specific administrative or judicial forum.
(h) "As-is" jurisdiction. If, for any reason, a Dispute proceeds in a court rather than in arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, and irrevocably waive any objection based on forum non conveniens.
(i) Severability of this Section. If the class-action waiver is found unenforceable as to a particular claim or remedy, that claim or remedy shall be severed and brought in court, but the remainder of this Section, including the individual-arbitration requirement, shall remain in full force and effect.
12. Governing law
These Terms and any Dispute arising out of or relating to them are governed by, and shall be construed in accordance with, the laws of the State of California and applicable federal law, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13. Limitation period
Except where prohibited by law, any claim or cause of action arising out of or relating to these Terms or your use of the Site must be commenced within one (1) year after the claim or cause of action accrues, or it shall be permanently barred.
14. Equitable relief
You acknowledge that breach of these Terms may cause the Indemnified Parties irreparable harm for which monetary damages are inadequate. The Indemnified Parties are entitled to seek injunctive and other equitable relief in any court of competent jurisdiction, without bond and without proof of actual damages, in addition to any other remedies available.
15. Force majeure
The Practice is not liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, natural disaster, fire, flood, earthquake, civil unrest, war, terrorism, pandemic or epidemic, public-health emergency, government order or shutdown, labor disturbance, telecommunications or utility outage, internet service interruption, or third-party service-provider failure.
16. Assignment
You may not assign or transfer these Terms or any rights under them without the Practice's prior written consent. Any attempted assignment in violation of this Section is void. The Practice may freely assign these Terms in connection with a merger, acquisition, sale of assets, restructuring, or by operation of law.
17. No waiver; cumulative remedies
The failure of the Practice to enforce any provision of these Terms is not a waiver of that provision. All remedies are cumulative and in addition to any other remedies available at law or in equity.
18. Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, shall be severed; the remaining provisions shall remain in full force and effect.
19. Survival
Sections 2 (Definitions), 5 (Intellectual property), 6 (User submissions), 8 (Disclaimers), 9 (Limitation of liability), 10 (Indemnification), 11 (Dispute resolution), 12 (Governing law), 13 (Limitation period), and 14 (Equitable relief), and any other provisions that by their nature should survive, shall survive any termination of these Terms or your use of the Site.
20. Modifications
The Practice may modify these Terms at any time by posting an updated version on the Site with a revised effective date. Your continued use of the Site following the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Site.
21. Notices
Notices to the Practice must be sent in writing to: Pasadena Clinical Group, 301 N. Lake Ave STE 600, Pasadena, CA 91101, attn: Legal. Notices to you may be given by email (to the address you provide) or by posting on the Site. Email notices are effective upon transmission; posted notices are effective when posted.
22. Headings; interpretation; integration
Section headings are for convenience only and do not affect interpretation. The words "include" and "including" are not limiting. These Terms, together with the Privacy Policy, Notice of Privacy Practices, Treatment Consent, Telehealth Agreement, Office Policies, Cookie Policy, Accessibility Statement, and any other policies or agreements referenced on the Site, constitute the entire agreement between you and the Practice with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written. No oral statement, promise, or representation by any employee, contractor, or agent of the Practice modifies these Terms; any modification must be in writing and posted on the Site.
23. Contact
Pasadena Clinical Group · 301 N. Lake Ave STE 600, Pasadena, CA 91101 · (626) 354-6440 · office@pasadenaclinicalgroup.com.