Hoopfull Terms of Use

Hoopfull Terms of usePlease read this Agreement carefully before using this website.

This web page represents a legal document and is the Terms of Service and Use Agreement ("Agreement") for Hoopfull.com ("Website"), as owned and operated by Hoopfull LLC, doing business as Hoopfull.com and/or Hoopfull. By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

Hoopfull.com provides a public service to individuals who may accesses the Hoopfull.com website (“Users”) for mental health information, to find a mental health provider listed in the Hoopfull.com Therapist Directory (“Members”), or to seek inpatient or outpatient services from a Facility listed in the Hoopfull.com Directory (“Facilities”). This Terms of Service and Use Agreement applies specifically to services provided to Users, and does not apply to Members or Facilities.

1. Definitions
Hoopfull.com are interactive online services operated by Hoopfull.com, LLC consisting of information services and content provided by Hoopfull.com, affiliates of Hoopfull, Members, Users, and other third parties.

2. General

(A) Hoopfull.com is not intended to be a substitute for professional advice, diagnosis, treatment, medical treatment, psychotherapy, counseling, or mental health services. Users should always seek the advice of a physician, licensed mental health provider, or other qualified health provider with any questions regarding any mental health or medical symptoms or conditions. Never disregard professional psychological, mental health, or medical advice or delay in seeking evaluation or treatment because of something you have read or seen on Hoopfull.com.

(B) Hoopfull.com does not recommend or endorse any specific tests, products, procedures, medical treatments, mental health treatments, therapy approaches, individual therapists or mental health providers, opinions, or other information that may be mentioned, written about or featured on Hoopfull.com or linked to from Hoopfull.com. Reliance on any information provided by Hoopfull.com, Hoopfull.com employees, others appearing on Hoopfull.com at the invitation of Hoopfull.com, or other visitors to Hoopfull.com is solely at your own risk.

(C) Hoopfull.com provides the Therapist Directory as public services to those interested in working with mental health care providers or addiction and substance abuse professionals (therapists, counselors, marriage and family therapists, social workers, psychologists, psychiatrists, physicians, nurse practitioners, residential treatment facilities, chemical dependency programs and rehabilitation centers, etc.). Members (mental health practitioners) displayed in the Hoopfull.com and each pay an annual subscription fee in order to be listed. Exceptions include Members and Facilities with a free-trial to Hoopfull.com services and, in some rare cases, Members and Facilities who are accessing our services pro bono. Fees collected from Members and Facilities enable Hoopfull.com to provide services to consumers.

(D) Hoopfull.com cannot and does not provide any warranties related to the information contained in or resulting services from any of the mental health care providers or facilities listed. Information accessed through the Hoopfull.com Therapist Directory is provided "AS IS" and without any warranty, either expressed or implied, including, but not limited to, any implied warranty of merchantability or fitness.

(E) Hoopfull.com does not examine, determine, or warrant the competence of any mental health care provider, medical provider, or any other type of service provider or facility listed in the Hoopfull.com Therapist Directory. Hoopfull.com does not warrant that the mental health care providers, medical providers, or any other type of service providers or facilities listed in the Hoopfull.com Therapist Directory are currently or properly licensed. Under no circumstances should the Hoopfull.com Therapist Directory be used to verify the credentials of medical providers, mental health care providers, any other type of service providers or facilities. Please contact your State Professional Licensing Board to verify the licensure of any individual mental health provider or the correct state or federal agency to verify the licensure or certification of any physician or Facility. Use of the Hoopfull.com Therapist Directory to locate, contact, or receive services from a medical provider, mental health care provider, any other type of provider or Facility is wholly voluntary and will not result in any liability against Hoopfull.com. In no event shall Hoopfull.com be liable for damages to any User of the Hoopfull.com Therapist Directory.

(F) Users of Hoopfull.com who submit questions via "Dear Hoopfull.com," the "Ask a Question" form, or any other submission module, acknowledge that their questions may be published on Hoopfull.com and made public at the discretion of Hoopfull.com. By submitting content through the “Dear Hoopfull.com” form, “Ask a Question” form or any other form, Users give their consent to publish the submitted content. Users understand that it is their responsibility to exclude any identifying information from their submission, even though Hoopfull.com will make reasonable efforts to remove identifying information. Users who submit questions to “Dear Hoopfull.com” or “Ask a Question” understand that not all submissions will be responded to and, those that are, generally take four weeks or longer to publish.

(G) The Credential Verification Seal found on the profile page of some Members who are listed in the Hoopfull.com Therapist Directory, indicates that a particular therapist, if he or she is in a jurisdiction that requires licensure in order to practice, has had their state license confirmed as active with their State Licensing Board. In jurisdictions which do not require licensure in order to practice, the Credential Verification Seal indicates that educational requirements for membership have been met.

Credential Verification is voluntary, meaning that a Member without the Credential Verification Seal is not necessarily unlicensed or lacking an educational requirement. The Credential Verification Seal does not indicate a particular Member is licensed in every state, province, or country he or she is practicing in; instead it signifies that the therapist has an active license in the state in which their license was granted. All Members in the Hoopfull.com Therapist Directory with the Verified Credential Seal have their credentials and licensure verified annually. As a result, it is possible for some Member profiles to display a Credential Verification Seal even when a license has been suspended, revoked or expired. We make every effort to keep Credential Verification Seals up-to-date by verifying credentials and licensure annually and by requiring Members to notify Hoopfull.com if their license has been suspended, revoked or expired. If a Member’s license or other credentials cannot be confirmed, the Credential Verification Seal is removed from Hoopfull.com.

Because of the potential for human error, please be aware that the Credential Verification Seal cannot serve as a guaranteed indication that a particular therapist listed in the Hoopfull.com Therapist Directory is currently or properly licensed or has met educational requirements. Thus, Hoopfull.com cannot and does not warrant that the mental health care providers, medical providers or any other type of providers listed in this Therapist Directory are currently or properly licensed. Under no circumstances should Hoopfull.com’s Therapist Directory be used to verify the credentials of mental health care providers, medical providers, or any other type of providers. Please contact your State Professional Licensing Board to verify the licensure of an individual mental health provider or the correct state or federal agency to verify the licensure or certification of any physician. Furthermore, Hoopfull.com does not examine, determine, or warrant the competence of any mental health care provider, medical provider, or any other type of provider listed in this Directory.

Additionally, Hoopfull.com does not warrant that the Facilities, nor the individual mental health, medical, or other health related providers employed or contracted by the Facilities, listed in the Hoopfull Directory are currently or properly licensed, certified, or sanctioned to operate legally. Under no circumstances should the Hoopfull Directory be used to verify any credentials, certification or licensure of any Facility or any of the individual service providers employed or contracted by any Facility. It is recommended that Users contact the correct State or Federal agency to determine if a particular Facility is properly sanctioned, certified or licensed to operate, before seeking or beginning services from any Facility. It is also recommended that Users contact the correct State Professional Licensing Board to verify the licensure of a mental health provider is active and/or the correct state or federal agency to verify the licensure or certification of any physician or facility, before seeking or beginning services from any type of health care provider as part of services with a Facility or otherwise. Furthermore, Hoopfull.com does not examine, determine, or warrant the competence of any mental health care provider, medical provider, other type of service provider or Facility listed in the Therapist Directory.

A Verified Credential Seal from Hoopfull.com is made available to current Members for use on their personal and/or professional website when their license is verified by Hoopfull.com. Once this seal has been placed on a qualifying Member’s website or other online location, Hoopfull.com does not maintain the seal and cannot and does not guarantee the therapist or other practitioner/service provider is currently or properly licensed or credentialed, nor guarantee that therapist or other practitioner/service provide is even a current Hoopfull.com Member. Hoopfull.com has no control of Verified Credential Seals that Members or former Members have placed on their own websites or other locations online. Thus, Hoopfull.com is unable to verify any Verified Credential Seal published elsewhere by members or former members. Hoopfull.com is also unable to forceably remove any invalid seals from a Member’s website or any other location online and outside of Hoopfull.com.

(H) Hoopfull.com shall have the right at any time to change or discontinue any aspect or feature of Hoopfull.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

(J) Hoopfull.com offers Users communication services to contact Members and/or Facilities they are interested in seeking mental health related services from. These communication services include 1) email messaging through Hoopfull.com and 2) toll-free telephone numbers for each Member or Facility, unless a Member or Facility has chosen to opt-out of these services, and 3) hyperlinks to Member or Facility websites, if a Member or Facility has entered website URL(s) into the correct field on their profile. Members and Facilities sometimes enter their website, street addresses, and/or alternative email addresses within the body of their Member or Facility profile, but these are not administered by Hoopfull.com.

Users who contact a Hoopfull.com Member or Facility through the Hoopfull.com email system will receive an automatic confirmation email when Hoopfull.com forwards the User’s email to the Member or Facility.

User emails will be read and moderated to check for spam or other inappropriate content. Emails may or may not be sent to Hoopfull.com Members or Facilities at the discretion of Hoopfull.com. Inappropriate content may include, but is not limited to, solicitation and spam.

If a User contacts a Hoopfull.com Member or Facility through the telephone number provided on the Hoopfull.com website, standard caller identification may be transmitted to the receiving party. Additionally, when a User contacts a Hoopfull.com Member or Facility through the telephone number provided on the Hoopfull.com website, an email is transmitted to the Member or Facility email address, which includes the phone number the call was placed from, the caller ID name of the holder of the phone number if it is publicly available, the time the call was made and th length of the call. If a User contacts the Hoopfull.com support team by phone and is transferred to a Member or Facility, the caller ID shown to the Member or Facility should show Hoopfull.com’s information, but there in some cases may show the User’s identifying or caller ID information.

(K) Users who contact a Hoopfull.com Member or Facility through the Hoopfull.com email system and who opt-in to subscribe to our Newsletter will be sent occasional email updates on helpful resources related to therapy and counseling. The User’s privacy will be respected and contact or identifying information (email address, name, etc.) will not be shared with anyone other than the Member or Facility the User contacts. To unsubscribe from this Newsletter, please complete the form located here.

(L) Individual mental health providers, physicians, or other qualified professionals who register for Hoopfull.com Membership and are approved to advertise in the Hoopfull.com Therapist Directory.

NOTE: A Member or Facility may also be a User, depending upon the type of service being used.

(M) This Agreement, which incorporates by reference other provisions applicable to User’s use of Hoopfull.com, sets forth the terms and conditions that apply to User’s use of Hoopfull.com. By using Hoopfull.com, User agrees to comply with all of the terms and conditions hereof. The right to use Hoopfull.com is personal to User and is not transferable to any person or entity.

3. Changed Terms
Hoopfull.com shall have the right at any time to change or modify the terms of service and any conditions applicable to User’s use of Hoopfull.com, or any part thereof, or to impose new conditions, including but not limited to, adding or increasing fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice, which may be given by any means including, but not limited to, posting on Hoopfull.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Hoopfull.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications, or additions.

4. Equipment
User shall be solely responsible for obtaining and maintaining all telephone, computer hardware, mobile devices and other equipment needed for access to and use of Hoopfull.com and all charges related thereto.

5. User Conduct

(A) User shall use Hoopfull.com for lawful purposes only. User shall not post or transmit through Hoopfull.com any material which violates or infringes in anyway upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services.

Any conduct by a User that in the sole discretion of Hoopfull.com restricts or inhibits any User, Member, or Facility from using or enjoying Hoopfull.com will not be permitted. User shall not use Hoopfull.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become users of other on-line information services competitive with Hoopfull.com.

(B) Hoopfull.com contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, and sound. The entire contents of Hoopfull.com are copyrighted as a collective work under United States copyright laws.

Hoopfull.com owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part.

User may download copyrighted material for User’s personal use only provided that the following notice is included on such materials: "Copyright, Hoopfull.com.” Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of Hoopfull.com and the copyright owner.

In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) User shall not upload, post, or otherwise make available on Hoopfull.com any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

By submitting, adding or uploading material to any public area of Hoopfull.com, User automatically grants, or warrants that the owner of such material has expressly granted Hoopfull.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material.

User also permits any other User to access, view, store, or reproduce the material for that User’s personal use. User hereby grants Hoopfull.com the right to edit, copy, publish, and distribute any material made available on Hoopfull.com by User.

(D) The foregoing provisions of Section 5 are for the benefit of Hoopfull.com, its subsidiaries, affiliates, and its third party content providers and licensers and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Contributions
By submitting any content or written work (hereafter "Work"), including comments, articles, and other written Work to Hoopfull.com, You, the User, hereby grant to Hoopfull.com the exclusive rights to the Work under the terms herein.

You grant to Hoopfull.com the irrevocable, transferrable, and exclusive worldwide right in and to the Work to copy, print, publish, broadcast, distribute, display, revise, edit, manipulate, create derivative works of, and use, in any media now known or hereafter developed, including, but not limited to, digital media available through the World Wide Web, without limitation and without any further compensation. You agree that Hoopfull.com may republish and display the Work in conjunction with the works of others, including written works and photographic works, to be chosen at the sole discretion of Hoopfull.com.
To the extent any applicable law or treaty prohibits the transfer or assignment of any moral rights or rights of restraint you have in the Work, You hereby waive those rights as to Hoopfull.com, its successors, licensees or assigns. You hereby waive any rights of attribution in and to the Work.
You agree not to republish the Work anywhere else on the Internet unless Hoopfull.com declines to publish the Work and has provided a written notice of rejection. You acknowledge that if the Work is published on any other website, Hoopfull.com may, at its sole discretion, remove the Work from the Hoopfull.com website and other websites operated by Hoopfull.com where the Work has been published.
You acknowledge that Hoopfull.com has the right and ability to edit the Work, change any formatting, modify titles, and make any change which it deems necessary in its sole discretion.
Prior to submitting the Work, You shall identify any and all previously copyrighted material used or cited in the Work. You represent and warrant that you have obtained the written permission of all other copyright owners and have the right and ability to transfer such rights to Hoopfull.com.
You warrant and represent that you are the sole author of the Work, that You have the full right, power, and authority to grant the rights herein, and that the rights have not heretofore been assigned or otherwise encumbered and are in all respects free and clear; that the Work is my original creation and has not been published before in whole or in part, is NOT in the public domain, and does NOT infringe the copyright or any other proprietary right of any other party; and that the Work contains no material that is defamatory, libelous, obscene, violates any right of privacy, or is otherwise contrary to law.

7. Disclaimer of Warranty; Limitation of Liability

(A) User expressly agrees that use of Hoopfull.com is at User's sole risk. Neither Hoopfull.com, its affiliates nor any of their respective officers, directors, employees, agents, third party content providers, or licensers warrant that Hoopfull.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Hoopfull.com, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through Hoopfull.com.

(B) Hoopfull.com is provided on an "AS IS" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchant ability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, negligence, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

User specifically acknowledges that Hoopfull.com is not liable for the defamatory, offensive, or illegal conduct of other Users, Members, Facilities, or third parties and that the risk of injury from the foregoing rests entirely with User.

(D) In no event will Hoopfull.com, or any person or entity involved in creating, producing, or distributing Hoopfull.com or the Hoopfull.com software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Hoopfull.com. User hereby acknowledges that the provisions of this section shall apply to all content on Hoopfull.com.

(E) In addition to the foregoing, neither Hoopfull.com, nor its affiliates, information providers, or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Hoopfull.com, or for any delay or interruption in the transmission thereof to the User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither Hoopfull.com, nor its affiliates, information providers, or content partners warrant or guarantee the timeliness, sequence, accuracy, or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

8. Monitoring
Hoopfull.com shall have the right, but not the obligation, to monitor the content of Hoopfull.com, including blogs, forums, Member profiles, Facility profiles, user emails to members and any other content area of Hoopfull.com, to determine compliance with this Agreement and any operating rules established by Hoopfull.com and to satisfy any law, regulation, or authorized government request. Hoopfull.com shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on Hoopfull.com. Without limiting the foregoing, Hoopfull.com shall have the right to remove any material that Hoopfull.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9. Indemnification
User agrees to defend, indemnify, and hold harmless Hoopfull.com, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Hoopfull.com by User or User's Account.

10. Termination
Hoopfull.com may terminate this Agreement at any time. Without limiting the foregoing, Hoopfull.com shall have the right to immediately terminate User's Account or to block access via IP address in the event of any conduct by User which Hoopfull.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 7, 9, and this Section 10 shall survive termination of this Agreement.

11. Trademarks
Hoopfull.com and each of their logos and DBAs are trademarks of Hoopfull.com, LLC. All rights are reserved. All other trademarks appearing on Hoopfull.com are the property of their respective owners. Your use of our Website or Service does not grant you right or license to use any logos or trademarks as found herein.

12. Third Party Content
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Hoopfull.com Blog authors, Users, Members, Facilities or any other User of Hoopfull.com, are those of the respective author(s) or distributor(s) and not of Hoopfull.com.

Neither Hoopfull.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchant ability or fitness for any particular purpose. (Refer above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through Hoopfull.com represents the opinions and judgments of the respective information provider or third party, either under or not under contract with Hoopfull.com. Hoopfull.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Hoopfull.com by anyone other than authorized Hoopfull.com employee spokespersons while acting in their official capacities.

Under no circumstances will Hoopfull.com be liable for any loss or damage caused by a User’s reliance on information obtained through Hoopfull.com. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through Hoopfull.com. Please seek the advice of licensed medical or mental health professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

13. Advertising Disclosures and Representations
Hoopfull.com may at times advertise on other websites not owned or controlled by Hoopfull.com. In such cases it is the responsibility of the other website to make any disclosures or representations about such advertising, which may be required by law.

14. Copyrights and Copyright Agent
Hoopfull.com respects the rights of all copyright holders and in this regard, Hoopfull.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hoopfull.com Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512.

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 copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
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 us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party.
A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

15. Children's Privacy
Hoopfull.com is not intended or designed to attract persons under the age of 13. We do not collect information from any person we actually know is under the age of 13.

16. Advertisements and Links
Hoopfull.com does not endorse the content on any third-party websites. Hoopfull.com is not responsible for the content of linked third-party sites, sites framed within Hoopfull.com, or third-party advertisements, and does not make any representations regarding their content or accuracy.

User use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Hoopfull.com does not endorse any product advertised on Hoopfull.com. Hoopfull.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

17. Payments
You represent and warrant that when you make a payment to Hoopfull.com as part of our Service or for purchasing our Products or Services that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

User acknowledges that Hoopfull.com does not save or maintain any credit card information on the Hoopfull.com server and instead uses First Data, Braintree, and/or PaySimple to store credit card information and process credit card transactions via a secure and encrypted SSL page to ensure the highest safety for all transactions.

18. Payment Charge-Backs
While we actively support fighting payment fraud, Hoopfull.com has a zero-tolerance policy regarding payment charge-backs and asks that you contact us if you have an issue with our Service or our Products.

19. Refund Policy
Hoopfull.com does not offer refunds for our Service. We may offer refunds for our Products, subject to our discretion.

20. Miscellaneous
You understand that this Agreement, our Website, and our Service are governed by the laws of the State of Alaska, without regard to its conflict of law principles. You agree that the City of Anchorage, and the Municipality of Anchorage, in which Hoopfull.com is located, shall be the forum for any legal action relating to our Website, Content, or Service. Any cause of action by you with respect to our Website, Content, or Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement of Service shall take precedence. The failure of Hoopfull.com to enforce any provision or right as found in this Agreement will not constitute a waiver of such provision or right. The use of section headings in this Agreement is merely for convenience and in no way limits or defines how this Agreement should be construed. This Agreement and any operating rules for Hoopfull.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

21. Animation
Some video animation found on Hoopfull.com or related websites may be produced through the Xtranormal website.

22. GoodCause
User acknowledges that any monetary donation made by User to the Hoopfull.com GoodCause program is made directly through Hoopfull.com and is not tax-deductible. User authorizes Hoopfull.com to charge the donated amount to User's credit card and to deliver the donated amount to the selected GoodCause Partner.

23. HIPAA Compliance
Hoopfull.com is committed to ensuring compliance with the HIPPA. To that end, we wish to clarify and reaffirm certain aspects of how Hoopfull.com is compliant.

Personally identifiable health information is protected.
1. All personally identifiable health information about potential clients, clients, and other users must be kept off of any domain associated with Hoopfull.com. If a Member or Facility of Hoopfull.com obtains identifiable health information in connection with Hoopfull.com services, it must be kept in accordance with HIPAA mandates, and the Member or Facility is solely responsible for ensuring this information is kept in compliance with HIPAA, including keeping that information encrypted or undertaking other security measures such as backups, disposal, storage, transmission, and integrity.
2. Since Hoopfull.com itself bans personally identifiable health information and does not provide any health care services itself, Members and Facilities are not Business Associates under HIPAA and therefore any such agreements are not necessary. Hoopfull.com does not and will not verify that Members and Facilities are in compliance with these rules and regulations because Members and Facilities are not employed or contracted by Hoopfull.com and operate outside of Hoopfull.com’s control.
3. Finally, Members and Facilities agree that they will not link Hoopfull.com with any personally identifiable health information, treatment information, or other data from potential or actual clients. Any information related to the provisioning of medical or mental health services shall be strictly kept off of Hoopfull.com.

Members and Facilities do not provide medical or mental health services on or through Hoopfull.com.

1. While Members and Facilities advertise on Hoopfull.com and may discuss treatment or medical issues on Hoopfull.com, specific treatment is prohibited. Therefore, Members and Facilities may only provide medical treatment out of their own offices, on their digital platforms, or through any other method that does not involve Hoopfull.com.
2. Members and Facilities may use Hoopfull.com to advertise and thus obtain messages, both voice and email, from potential clients. The information Members and Facilities provide must not be able to be correlated to personally identifiable information except by the provider of the services themselves. That provider must, therefore, comply with HIPAA and other regulations and rules.

24. Continuing Education Web Conferences
Hoopfull.com may offer access to free or fee-based continuing education web conferences and homestudy courses to Users. "Web Conference" refers to a live or archived audio and/or video presentation available on and accessible from Hoopfull.com to mental health professionals. All mental health professionals who participate in any web conference offered by Hoopfull.com do so on a completely voluntary basis. Hoopfull.com's provision of web conferences is based solely on Hoopfull.com's discretion. It is Hoopfull.com's intention to provide access to the web conference to all Users who have registered for a web conference. However, due to potential technical complications, presenter schedules and availability, Acts of God, or other unforeseen circumstances, registration for any web conference is in no way a guarantee of access or participation in the web conference.

Hoopfull.com is not responsible for the content or comments made by any presenters, moderators, facilitators, or participants in any web conference or teleconference hosted by Hoopfull.com. The opinions presented by presenters, moderators, hosts, or participants in any web conference or teleconference hosted by Hoopfull.com are those solely of the individuals expressing such opinions and do not necessarily reflect the positions or opinions of Hoopfull.com.

Participation in any web conference may require User to download software from a third party prior to participating in the web conference. Hoopfull.com makes no warranty or representations concerning any third party software required to participate in any web conference, including that such software is compatible with any specific software or hardware utilized by any User. Users are instructed to ensure they download required software from official web conferencing providers, and to ensure that their individual computing devices meet specific software requirements and guidelines.

Hoopfull.com makes no representation or warranty that participation by User in any web conference or teleconference will qualify for the continuing education requirements of any mental health professional unless explicitly stated by Hoopfull.com for such specific web conference or teleconference.

Last Update: 05 Mar 2022