Terms

Introduction

Welcome to Crosspoint Social. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Member,” “you,” or “your”) and Crosspoint Social (“we,” “us,” “our”) governing your subscription and use of the Crosspoint Social services, including the website located at https://www.crosspointhealth.org, its content, worksheets, job board, regulatory updates, journal articles, chat GPT bots, community features, and additional resources (collectively, the “Service”). By subscribing to and using the Service, you agree to these Terms.

1. Membership Subscription and Fees for Crosspoint Social

Crosspoint Social offers a specialized membership designed to support mental health professionals by granting access to an extensive collection of tools, resources, and services tailored to enhance their practice and client support. Below, we expand on the structure and benefits of the membership subscription and associated fees:

A. Subscription Fee

• Monthly Fee: The cost of a Crosspoint Social membership is set at $50 per month. This fee is structured to provide members with value through unrestricted access to a curated selection of resources and services essential for professionals in the mental health field.
• Included Resources: Membership includes access to over 300 worksheets covering a wide range of topics from behavior analysis to mental health counseling, a job board to post and find relevant positions, regulatory updates to keep you informed on changes in federal and state laws, board meetings, and insurance information, and a variety of documents including employment and contractor contracts.
• Additional Benefits: Members also receive access to journal articles, allowing for publication and visibility within the community, access to content for republishing on member websites, and discounted product recommendations. Social media posts tailored for mental health awareness, twice-yearly business consultations, a catalog of CEU coursework accredited by QABA/IBAO, and an ABA goal bank are also key features.
• Exclusive Tools: The subscription provides access to innovative Chat GPT Bots designed for creating ABA treatment plans, clinical notes, and mental health documentation, enhancing efficiency and accuracy in client management.

B. Automatic Renewal

• Convenience: The automatic renewal feature ensures uninterrupted access to Crosspoint Social’s resources and services by automatically renewing your membership every month. This feature is designed for your convenience, removing the need to manually renew your subscription.
• Cancellation Policy: You have the flexibility to cancel your membership at any time. This policy is in place to ensure that you have control over your subscription and can decide if the service continues to meet your needs without being locked into a long-term commitment.
• Notification: Members will typically receive a reminder before their subscription renews, providing an opportunity to review their membership status and decide if they wish to continue or cancel their subscription to prevent future charges.

C. Payment and Billing

• Secure Payment Methods: Crosspoint Social accepts various payment methods, including credit cards and online payment platforms, ensuring secure and convenient transactions.
• Billing Cycle: The billing cycle is monthly, with payments due on the same date each month, corresponding to the initial subscription start date. This predictable schedule helps members manage their finances and subscription payments effectively.
• Financial Transparency: Members receive detailed billing statements, highlighting subscription fees, any additional charges, and taxes if applicable, promoting transparency and trust in the billing process.

By subscribing to Crosspoint Social, mental health professionals gain access to a wealth of resources and tools designed to support their practice, enhance their professional development, and provide high-quality care to their clients. The subscription model is crafted to offer significant value and convenience, ensuring that members have continuous access to the latest tools, information, and community support essential for their success in the mental health field.

2. Intellectual Property Rights and Use License in Detail

Crosspoint Social’s membership encompasses a diverse range of digital resources specifically curated for mental health professionals. The structure of intellectual property rights and the use license for these resources is designed to protect the creators’ rights while providing members with valuable tools to enhance their practice. Below is an expanded explanation of these components:

A. Ownership and Copyright Protection

• Scope of Ownership: Crosspoint Social, or its licensors, retain full ownership of the digital resources provided through the Service. This includes an extensive array of materials such as worksheets, interactive tools, videos, articles, and any other content made available to members. The ownership extends to all aspects of these materials, including their design, text, graphics, and underlying code.
• Copyright Laws: The protection of these materials is enforced under copyright and other applicable intellectual property laws. These laws ensure that the creativity and investment put into developing these resources are safeguarded against unauthorized use or duplication.

B. Rental of Materials

• Nature of Access: The membership fee you pay for accessing Crosspoint Social’s resources is essentially a rental fee. This means that while you have the right to access and utilize these materials, you do not own them. The concept of renting these materials emphasizes that the intellectual property rights remain with Crosspoint Social or its licensors.
• Implications of Rental: By subscribing, you acknowledge that your access to these materials is contingent upon your active membership status. Should you decide to cancel your subscription, your right to access and use these materials ceases.

C. License to Use

• Grant of License: Upon subscription, Crosspoint Social grants you a non-exclusive, non-transferable, and revocable license to use the provided materials. This license is specifically tailored for your personal and professional use, aligning with the terms and conditions set forth by Crosspoint Social.
• Purpose and Limitations: The license is intended to enable you to leverage the resources for enhancing your professional capabilities and the services you offer. However, it comes with clear boundaries to prevent the redistribution, sale, or any form of commercial exploitation of the materials without explicit permission.

D. Restrictions on Use

• Post-Cancellation Use: If your subscription is canceled, your license to use the materials is automatically revoked. This means you must cease using the materials and ensure they are not stored, copied, or used in any capacity post-cancellation.
• Prohibitions on Material Modification: The terms strictly prohibit the modification, copying, distribution, sale, or any unauthorized use of the materials. These restrictions are in place to prevent the dilution of the materials’ value and integrity, ensuring they remain exclusive benefits for active members of Crosspoint Social.
• Requirement for Written Consent: Any desire to use the materials beyond the scope allowed by the license requires direct, express written consent from Crosspoint Social. This includes, but is not limited to, using the materials for public presentations, incorporating them into other products, or any form of commercial use.

Through these carefully structured intellectual property rights and use license terms, Crosspoint Social seeks to maintain the value and exclusivity of its offerings to members while ensuring compliance with legal standards. This framework supports the creation of a sustainable ecosystem where mental health professionals can access high-quality resources tailored to their needs, respecting the creative labor and intellectual property of the content creators.

3. Prohibited Use Explained

The terms regarding prohibited use within the Crosspoint Social membership are critical to ensuring the service operates within legal boundaries and maintains a respectful and safe environment for all users. This section outlines what constitutes prohibited use and the potential consequences of such actions. By agreeing to these terms, members commit to using Crosspoint Social’s services responsibly and legally.

A. Scope of Prohibited Use

• Unlawful Activities: Members are strictly prohibited from using Crosspoint Social’s services for any activities that are illegal under local, state, national, or international law. This includes, but is not limited to, fraud, copyright infringement, and the distribution of illegal substances or content.
• Harmful Actions: Any use of the service that could harm, threaten, abuse, harass, defame, slander, disparage, intimidate, or discriminate against any individual or group is expressly forbidden. This includes Crosspoint Social, its users, its licensors, or any third party.
• Interference with Service: Attempting to interfere with, disrupt, or create an undue burden on the services or the networks or services connected to the services is prohibited. This includes using automated systems (like bots, robots, spiders, or scrapers) to access the service in a manner that sends more request messages to the Crosspoint Social servers than a human can reasonably produce in the same period using a conventional online web browser.

B. Intellectual Property Violations

• Copyright Infringement: Members may not use the service to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
• Unauthorized Use of Content: Using the content provided through Crosspoint Social in ways that are not expressly permitted under the Intellectual Property Rights and Use License section is considered a violation. This includes unauthorized copying, modification, distribution, or creating derivative works.

C. Consequences of Prohibited Use

• Termination of Membership: Engaging in prohibited use may result in the immediate termination of your membership. Termination will revoke your access to all Crosspoint Social services and materials.
• Legal Action: Depending on the severity and nature of the violation, Crosspoint Social reserves the right to pursue legal action against individuals or entities responsible for unauthorized use. This may include seeking damages and injunctive relief to prevent further unauthorized activities.
• Cooperation with Law Enforcement: Crosspoint Social may cooperate with law enforcement authorities in investigating and prosecuting users who violate these Terms or engage in illegal activity using the service.

By adhering to these guidelines on prohibited use, members contribute to maintaining a professional, respectful, and legally compliant community within Crosspoint Social. It ensures the service remains a valuable resource for mental health professionals, fostering an environment of mutual respect and legal integrity.

4. Termination and Cancellation Detailed Explanation

Crosspoint Social prioritizes maintaining a respectful, lawful, and productive environment for all its members. To uphold this standard, specific policies regarding the termination and cancellation of memberships are in place. These policies ensure that the integrity of the service and its resources are preserved, and provide clear guidelines for both voluntary and involuntary termination of memberships.

A. Termination by Crosspoint Social

• Breach of Terms: Crosspoint Social reserves the right to terminate your membership and access to the Service if you breach any of the Terms of Service. This includes, but is not limited to, violations related to prohibited use, unauthorized sharing of materials, or engaging in illegal activities through the use of the Service.
• Immediate Effect: Termination for breach of Terms will be effective immediately. You will be notified of the termination, outlining the reasons for such action.
• Obligations Upon Termination: Upon termination, you are required to immediately cease all use of Crosspoint Social’s services and resources. This includes the deletion or destruction of any downloaded or printed materials obtained through the Service. Failure to comply may result in further legal actions.

B. Cancellation by the Member

• Right to Cancel: Members have the right to cancel their subscription to Crosspoint Social at any time. This can be done through the account settings on the Crosspoint Social platform or by contacting customer service directly.
• Effect of Cancellation: Once your membership is canceled, your access to the Service, including all resources such as worksheets, videos, articles, and tools, will be terminated. You are no longer entitled to use any of the materials associated with the Service.
• Post-Cancellation Responsibilities: Similar to termination, upon cancellation, you must cease using all materials obtained from Crosspoint Social and ensure that any copies of such materials in your possession are deleted or destroyed.

C. Refunds and Financial Considerations

• Refund Policy: The specific terms regarding refunds upon cancellation may vary and should be reviewed in the membership agreement or terms of service. Typically, refunds are not provided for partial months, but this can depend on the circumstances of the cancellation.
• Final Billing: Depending on the billing cycle, you may receive one final charge following cancellation, particularly if the cancellation occurs after the billing date. Members are encouraged to review their billing settings and timing of cancellation to understand any final charges that may apply.

D. Reinstatement of Membership

• Rejoining After Cancellation: Former members wishing to rejoin Crosspoint Social after cancellation can typically do so by going through the standard subscription process again. Previous account settings and data may not be retained, depending on the length of time since cancellation.
• Termination for Breach: If your membership was terminated due to a breach of the Terms, reinstatement is not guaranteed. Any consideration for reinstatement will be at the discretion of Crosspoint Social, based on a thorough review of the previous breach and any corrective actions taken by the former member.

5. Disclaimers and Limitation of Liability Explained

The section on Disclaimers and Limitation of Liability is a critical component of the Terms of Service for Crosspoint Social, designed to clarify the nature of the service provided and the extent of liability that Crosspoint Social assumes. This section is essential for members to understand their rights and the limits of Crosspoint Social’s responsibilities.

A. Disclaimers

• “As Is” and “As Available” Basis: Crosspoint Social provides its services and resources without any guarantees, affirming that the service is offered in its current state and availability. This means that while Crosspoint Social strives to provide valuable and reliable resources, it cannot guarantee that the service will meet all members’ expectations or that all resources will be applicable to each member’s needs.
• No Warranties: The express disclaimer of warranties indicates that Crosspoint Social does not provide any explicit or implied promises regarding the service’s performance, quality, reliability, or suitability for a particular purpose. This includes disclaiming implied warranties of merchantability, non-infringement, and fitness for a particular purpose.

B. Limitation of Liability

• Scope of Liability: Crosspoint Social’s limitation of liability clause specifies that the organization will not be held liable for any indirect, incidental, special, consequential, or punitive damages that arise from the use of its services. This encompasses a range of potential damages including, but not limited to, loss of profits, data, reputation, or other intangible losses.
• Rationale: The rationale behind this limitation is to protect Crosspoint Social from extensive legal and financial liabilities that could arise from the myriad ways members might use or interpret the service and its resources. Given the diverse applications of mental health resources and the unique contexts in which they are used, Crosspoint Social aims to clarify that members use the service at their own risk and judgment.
• Understanding the Impact: Members should understand that while Crosspoint Social provides tools and resources to aid mental health professionals, the organization does not assume responsibility for the outcomes of using these resources. Members are encouraged to apply their professional judgment and adhere to best practices in their use of the service.

C. Implications for Members

• Professional Judgment: Members are reminded to rely on their professional expertise and judgment when applying resources obtained from Crosspoint Social in their practice. The disclaimer emphasizes the importance of not substituting these resources for professional advice or treatment when necessary.
• Awareness of Limitations: Understanding the disclaimers and limitations of liability ensures that members have realistic expectations about the service and are aware of the boundaries of Crosspoint Social’s responsibilities. This awareness helps members navigate the service more effectively, understanding where the service’s value lies and its limitations.

6. Amendments Explained

The Amendments section of the Terms of Service is a crucial provision that allows Crosspoint Social to modify the terms and conditions under which its services are offered. This adaptability is essential for the service to remain responsive to legal, technological, and market changes. Here’s a detailed explanation of this section and its implications for members.

A. Right to Amend

• Flexibility: Crosspoint Social retains the flexibility to update, alter, or revise the Terms of Service at any time. This capacity to amend the terms ensures that the service can adapt to evolving legal standards, incorporate new features, or respond to feedback from users and stakeholders.
• Notice of Amendments: While the clause does not explicitly state the requirement to notify members of changes, it is generally in the service provider’s best interest—and often a practice—to inform members of significant changes to the terms, whether through email notifications, announcements on the service platform, or other means of communication.

B. Member’s Acceptance of New Terms

• Continued Use as Acceptance: By continuing to use Crosspoint Social’s services after amendments are made, members implicitly agree to the revised terms. This implies an ongoing relationship between the member and the service, where acceptance of the terms is not a one-time event but a continuous commitment.
• Responsibility to Review Changes: Members are responsible for staying informed about any changes to the Terms of Service. It’s advisable for members to regularly review the terms and any communicated amendments to ensure they understand and agree to the current conditions under which they are using the service.

C. Implications for Members

• Adaptability: Members should be prepared for the terms and conditions governing their use of Crosspoint Social’s services to change over time. This adaptability is necessary for the service to maintain compliance with laws, enhance security, and improve user experience.
• Awareness and Due Diligence: Members should exercise due diligence by reviewing any updates to the terms. Understanding and agreeing to the current terms are crucial for ensuring that members’ use of the service remains in compliance with the governing conditions.

D. Legal and Practical Considerations

• Legal Compliance: Amendments may often be driven by changes in law or regulatory requirements. Adjusting the terms accordingly ensures that both Crosspoint Social and its members are in compliance with current legal standards.
• Service Improvements: Updates to the Terms of Service may also reflect enhancements to the services offered, including new features, changes in subscription models, or adjustments in response to member feedback. These changes are aimed at providing a better experience and more value to members.

7. Governing Law and Mandatory Arbitration Explained

The “Governing Law” section of the Terms of Service specifies the legal framework under which the terms are interpreted and disputes are resolved. Including a clause on mandatory arbitration adds an additional layer to how disputes are managed. Here’s an expanded explanation of this section, integrating the aspect of mandatory arbitration.

A. Governing Law

• Jurisdiction: By specifying that the Terms of Service are governed by the laws of the State of Florida, Crosspoint Social establishes a clear legal jurisdiction for the interpretation of the terms and the resolution of disputes. This means that any legal issues or disputes arising out of the use of Crosspoint Social’s services will be adjudicated according to Florida’s laws, regardless of where the member is located.
• Conflict of Law Provisions: The exclusion of “conflict of law provisions” indicates that the laws of Florida will apply even if another jurisdiction’s laws would typically take precedence in a conflict-of-law scenario. This helps to simplify and predict the legal standards applied to the agreement.

B. Mandatory Arbitration

• Definition: Mandatory arbitration is a dispute resolution process where an arbitrator, rather than a judge or jury, hears and decides the dispute. Arbitration clauses typically require parties to resolve their disputes through arbitration instead of going to court.
• Inclusion in Terms: By including a mandatory arbitration clause, Crosspoint Social requires that any disputes arising out of the use of the service be resolved through arbitration rather than through traditional legal proceedings. This can streamline dispute resolution and make it less adversarial and costly for both parties.
• Process: The arbitration process is generally faster and less formal than court proceedings. It involves selecting an impartial third party (the arbitrator) who reviews the evidence, listens to both parties, and makes a decision that is often binding.
• Implications for Members: Members agree to waive their rights to a jury trial and to participate in class actions. Instead, disputes will be resolved individually through arbitration. This can affect how members seek redress for grievances, limiting their recourse to collective legal actions.

C. Legal and Practical Considerations

• Clarity and Predictability: Establishing the governing law and mandatory arbitration provides clarity and predictability for both Crosspoint Social and its members. Members know in advance the rules that apply to their relationship with the service and the method for resolving disputes.
• Efficiency: Arbitration can be more efficient than court litigation, potentially resolving disputes more quickly and with less expense.
• Accessibility: While arbitration may be less daunting than formal court proceedings, members should be aware that they are agreeing to resolve disputes in a specific manner that limits their options for legal recourse.