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Terms of Use

Effective Date: July 20, 2026 | Last Updated: July 20, 2026

These Terms of Use (these "Terms") are a binding agreement between you and ZipHealthy PLLC and take effect on the Effective Date above. They replace all earlier versions of the website Terms of Use. By accessing or using the Sites (defined below), or by clicking a button or checking a box presented with a link to these Terms, you accept these Terms. If you do not agree, do not use the Sites. Superseded versions are archived and available on request using the contact information in Section 30.

PLEASE READ SECTION 25 (DISPUTE RESOLUTION) CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A 30-DAY RIGHT TO OPT OUT. IT DOES NOT APPLY TO CLINICAL CARE: CLAIMS ARISING OUT OF CLINICAL SERVICES ARE EXPRESSLY EXCLUDED FROM ARBITRATION UNDER THESE TERMS.

Plain-English Summary

This summary is for convenience only; the numbered sections below are the operative terms.

  • This website is an educational and administrative resource. Reading it, using its tools, or contacting us through it does not make you a therapy client and does not create a therapist–client relationship.
  • Nothing on the Sites is medical or mental-health advice, and the self-assessment tools are not a diagnosis.
  • The Sites are not for emergencies. If you are in crisis, call or text 988, text HOME to 741741, or call 911.
  • Do not send health information through website forms or email; use the secure client portal (TherapyPortal) instead.
  • Purchases on shop.ziphealthy.com are governed by the shop's own Terms of Service and Refund Policy.
  • Disputes about the Sites are resolved by individual arbitration, with a small-claims option and a 30-day right to opt out of arbitration. Claims relating to clinical services are not covered by that arbitration agreement.

Table of Contents

1. Who We Are; the Sites These Terms Cover

These Terms are entered into between you and ZipHealthy PLLC, an Arkansas professional limited liability company (the "Practice," "we," "us," or "our"), with its office at 240 S Main St, Suite 270, Bentonville, Arkansas 72712, telephone (479) 259-1390.

These Terms govern your access to and use of the following websites and their pages, tools, forms, and downloadable materials (collectively, the "Sites"): www.ziphealthy.com; va.ziphealthy.com; fl.ziphealthy.com; usvi.ziphealthy.com; and, except as provided in Section 13, shop.ziphealthy.com.

Clinical services offered through the Practice are provided by its licensed clinicians (each, a "clinician"). The Practice's founder and clinical director is Stephen Velasquez, MBA, MSW, LCSW. The Practice does not offer psychiatric, prescribing, or medication-management services.

As used in these Terms, the "Practice Parties" means ZipHealthy PLLC; its member, Stephen Velasquez; and their respective agents, contractors, licensors, and successors. Sections 21 through 26 (the warranty disclaimer, limitation of liability, indemnification, responsibility-allocation, dispute-resolution, and governing-law provisions) are made for the benefit of, and apply equally to, each Practice Party, and each Practice Party is an intended third-party beneficiary of those sections, entitled to enforce them — including the arbitration agreement and class waiver in Section 25.

The Sites are operated from the United States and are directed to audiences in the United States. The Practice makes no representation that Content (defined in Section 5) is appropriate or lawful for use in any other jurisdiction; if you access the Sites from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

2. Acceptance of These Terms

In plain English: you accept these Terms by using the Sites, and expressly when you click a button or check a box presented with a link to them.

You accept these Terms by accessing or using the Sites. In addition, at certain points on the Sites — such as booking buttons, newsletter and download forms, and the contact form — you may be shown a statement that by proceeding you agree to these Terms, or asked to check a box confirming your agreement. Clicking such a button or checking such a box constitutes your affirmative acceptance of these Terms as then posted. If you do not agree to these Terms, your sole remedy is to stop using the Sites.

Amendments to these Terms operate prospectively only, as described in Section 27. Continued use of the Sites after the effective date of a revised version constitutes acceptance of the revised version as to use occurring after that date; no amendment applies retroactively to a dispute that accrued before its effective date.

The Sites also post the following documents for your information: the Privacy Policy, which describes how information is collected and used on the Sites, including cookies and analytics; the Accessibility Statement (see Section 20); and the Cancellation Policy (see Section 9). Each of those documents is a notice describing the Practice's practices; none of them is a contract term of these Terms, except where applicable law provides otherwise. The Practice's HIPAA Notice of Privacy Practices is a separate legal notice provided to clients; it, too, is referenced for your information and is not a contract term of these Terms.

3. Eligibility

The interactive features of the Sites — forms, downloads, newsletter subscriptions, purchases, and appointment booking — are intended for individuals who are at least 18 years old and legally capable of entering into binding contracts. By using those features you represent that you meet these requirements. The Sites are not directed to children under 13, and the Practice does not knowingly collect personal information from children under 13 through the Sites; see the Privacy Policy for details. Nothing in this section limits a parent's or guardian's ability to inquire about clinical services for a minor; consent for any clinical services for a minor is handled through the intake process, not through the Sites.

4. No Clinical Services Through the Sites; No Therapist–Client Relationship

In plain English: using this website does not make you a client.

The Sites provide general information and administrative conveniences only. Use of the Sites — including reading articles, completing a self-assessment, downloading a worksheet, sending a message through a contact form, subscribing to a newsletter, following a link to the client portal, or requesting or booking an appointment — does not create a therapist–client, clinician–patient, or fiduciary relationship between you and the Practice or Stephen Velasquez, LCSW.

A clinical relationship with the Practice is formed only upon completion of the intake process and execution of the Practice's informed-consent and related intake documents through the client portal. Clinical services — including their scope, fees, communication expectations, confidentiality and its limits, and termination — are governed exclusively by those signed documents and applicable law, not by these Terms. Nothing in these Terms modifies, limits, or supersedes any signed intake or informed-consent document.

5. Educational Content Only; No Medical or Mental-Health Advice

In plain English: the articles and worksheets are education, not advice for your situation.

All content on the Sites — including blog articles, guides, worksheets, downloadable materials, and self-assessment tools (collectively, "Content") — is general educational information. Content is not medical, psychological, psychiatric, or mental-health advice; it is not therapy; and it is not a substitute for individualized diagnosis, evaluation, or treatment by a licensed professional who knows your circumstances. Never disregard professional advice, or delay seeking it, because of something you read or used on the Sites.

The Practice does not provide psychological or psychometric testing through the Sites, and no Content or tool on the Sites is or includes such testing. The Sites do not provide information about, or recommendations concerning, any medication, and nothing on the Sites should be read as guidance about starting, stopping, or changing any medication; those decisions belong with your prescribing professional.

Content is provided for general audiences, may not reflect the most current research or professional standards, and may contain errors or omissions. You agree that you will not rely on Content as professional advice and that any reliance on Content is at your own discretion and risk, subject to Section 21.

6. Self-Assessment Tools Are Screening Aids, Not Diagnosis

In plain English: a screener score is a conversation starter, not a diagnosis — and it is not clinically reviewed by anyone at the Practice.

The Sites offer self-assessment tools ("Screeners") for educational purposes. Screeners are informal screening aids only. Screener results are not a diagnosis, are not a clinical evaluation, are not psychological or psychometric testing, and are not individualized advice. A result in any range — high or low — does not mean you have, or do not have, any condition.

Screener responses and results are not clinically reviewed or monitored. The Practice undertakes no duty to contact, follow up with, or intervene with any person based on any Screener result or score, of any severity. Completing a Screener does not begin an evaluation or treatment, does not cause any clinician to review your responses, and does not create a clinical relationship (Section 4). Website analytics operate on Screener pages as they do elsewhere on the Sites, as described in the Privacy Policy.

If a Screener result concerns you, consult a licensed mental-health or medical professional. If you are in crisis or thinking about harming yourself, use the emergency resources in Section 7 immediately — do not wait for an appointment or a reply to any message.

7. The Sites Are Not for Emergencies

THE SITES, AND EVERY FEATURE OF THEM — CONTACT FORMS, EMAIL, BOOKING TOOLS, NEWSLETTER FORMS, AND LINKS TO THE CLIENT PORTAL — ARE NOT MONITORED IN REAL TIME, MAY NOT BE READ PROMPTLY OR AT ALL, AND MUST NEVER BE USED FOR EMERGENCIES.

If you are experiencing a mental-health crisis or thoughts of suicide or self-harm: call or text 988 (Suicide & Crisis Lifeline); text HOME to 741741 (Crisis Text Line); or call 911 or go to your nearest emergency room.

Sending a message through any feature of the Sites does not begin treatment, does not establish that any person has read your message, and does not create any duty on the Practice to respond within any particular time, or at all.

8. The Sites Are Not the Client Portal; Do Not Submit Health Information Through Site Forms

In plain English: this website is our public, marketing-and-education presence. Private health details belong in the secure portal, not in a contact form or email.

The Sites are the Practice's public marketing and educational presence. They are not the vehicle for clinical communication. Clients communicate with the Practice about clinical matters, and share protected health information, only through TherapyPortal (therapyportal.com/p/ziphealthypllc), the Practice's designated portal for clinical communication. How health information is protected is described in the Practice's HIPAA Notice of Privacy Practices, not in these Terms.

Contact forms, newsletter and download forms, and ordinary email to the Practice are not secure channels for clinical or health information. Do not include diagnoses, symptoms, treatment history, medication details, or other sensitive health information in any Site form or email. Any information you nonetheless choose to submit through those channels is submitted at your own initiative. The Practice responds to website inquiries administratively only and does not provide clinical assessment or advice through Site forms or email.

The Sites use cookies, analytics, and related technologies as described in the Privacy Policy, which also explains your choices, including the cookie-consent banner. Please review it.

9. Where Clinical Services Are Available; Licensure; Booking

In plain English: services are available only where the treating clinician is licensed or authorized, based on where you physically are at the time of a session.

Clinical services are provided only where the treating clinician is licensed or otherwise lawfully authorized to practice. Stephen Velasquez, LCSW is licensed as a clinical social worker in Arkansas (license #9830-C) and is also licensed in Arizona, Virginia, and Florida; clinical services in the U.S. Virgin Islands are provided as lawfully authorized there. Other clinicians of the Practice provide services only in the jurisdictions where they are licensed or lawfully authorized; license information for any clinician of the Practice is available on request.

The regional Sites (va.ziphealthy.com, fl.ziphealthy.com, and usvi.ziphealthy.com) are informational. Availability of clinical services depends on your physical location at the time of service and on applicable law, which is verified during intake — not on which website you visited. The availability of the Sites in any other jurisdiction is not an offer or solicitation to provide clinical services there, and nothing on the Sites is an offer to practice in any jurisdiction where a clinician of the Practice is not authorized.

Appointment booking on the Sites is handled through Square Appointments (Section 10). Submitting a booking request is a request only, not a guarantee of services. The Practice may decline or cancel a booking where it cannot lawfully or appropriately serve the requester, including for location or licensure reasons. Scheduling, cancellation, and missed-appointment policies are stated in the posted Cancellation Policy and in the intake documents; those documents, not these Terms, govern appointment fees and scheduling consequences. For clarity: a dispute concerning a booking, or concerning a cancellation or missed-appointment fee charged before a clinical relationship has been formed, is a Dispute subject to Section 25; once a clinical relationship exists, the signed intake documents govern all scheduling and fee matters, which are then clinical matters outside Section 25.

10. Third-Party Services and Links

Several services you may use in connection with the Sites are operated by independent third parties under their own terms of service and privacy policies, including: Square Appointments (appointment booking, including pages hosted at square.site); TherapyPortal (the client portal); Mailchimp (newsletter and download-delivery email); Shopify (the shop platform); Cloudflare (including Turnstile bot protection on the contact form); and the analytics providers described in the Privacy Policy. The Practice does not control these third parties and is not responsible for their acts, omissions, availability, security, or content. Your use of each third-party service is at your option and subject to that provider's terms.

The Sites may link to other external websites for convenience. A link is not an endorsement, and the Practice is not responsible for external sites' content or practices.

11. Electronic Communications; Email and Text Messages

When you subscribe to the newsletter, request a download, or submit a form, you consent to receive the communications you requested by email — for example, the requested download, newsletter issues, or an administrative reply to your inquiry. Every marketing email includes an unsubscribe mechanism, which is honored. Consent to marketing communications is not a condition of purchasing anything or of receiving any service, and unsubscribing does not affect access to anything you already requested or purchased.

If you provide a phone number in connection with booking, you may receive appointment-related (transactional) text messages, such as reminders sent through the booking system; reply STOP to stop them. The Practice does not send marketing text messages unless you separately and expressly agree to receive them through a dedicated, unchecked consent checkbox with the disclosures required by law. Message and data rates may apply to any texts you receive.

You agree that notices, disclosures, and other communications the Practice provides to you electronically satisfy any legal requirement that they be provided in writing.

Email to and from the Practice outside the client portal is not a secure clinical channel; see Section 8.

12. Free Downloads and Educational Materials

Free downloadable materials offered on the Sites, including the CBT worksheet pack, are licensed to you, not sold, for your personal, non-commercial use only. You may not redistribute, republish, resell, sublicense, or create derivative works from them, or remove any copyright or attribution notices. Free materials are Content subject to Sections 5 and 21, are provided without any warranty, and may be modified or discontinued at any time. Providing your email address to receive a download is governed by the Privacy Policy and Section 11, including your rights to unsubscribe at any time and to request deletion of non-clinical signup data; subscribing or downloading does not create a clinical relationship (Section 4).

13. Purchases; the ZipHealthy Shop; Order of Precedence

In plain English: if you buy something on the shop, the shop's own policies govern that purchase.

Products — digital toolkits and workbooks, and print-on-demand journals — are sold through the ZipHealthy Wellness Shop at shop.ziphealthy.com. Every purchase on the shop is governed by the shop's own Terms of Service, Return and Refund Policy, and Shipping Policy (together, the "Shop Terms"), which control over these Terms as to the purchase transaction — including pricing, payment, order acceptance, delivery, refunds, and access to digital goods. Review the Shop Terms before purchasing. These Terms continue to govern your use of the shop site in all respects on which the Shop Terms are silent. The arbitration opt-out right in Section 25.5 applies to these Terms and does not amend or add rights to the Shop Terms.

Shop products are general wellness and self-improvement materials. Consistent with the Shop Terms, they are not medical devices, are not therapy, and purchasing them does not create a therapist–client or provider–patient relationship.

For clarity, documents governing your relationship with the Practice apply in this order of precedence: (1) signed clinical intake and informed-consent documents govern clinical services; (2) the Shop Terms govern purchase transactions on shop.ziphealthy.com; (3) TherapyPortal's own terms govern your use of the portal platform; and (4) these Terms govern all remaining use of the Sites. These Terms and the Shop Terms are intended to be read together, and any conflict is resolved in favor of the more specific document for the matter in question.

14. Digital Goods; No Subscriptions or Automatic Renewal

Digital products purchased on the shop are delivered electronically and are licensed for personal, non-commercial use on the same terms as Section 12, unless the Shop Terms state otherwise. Refund and return rights for all shop products, digital and physical, are exclusively as stated in the shop's Return and Refund Policy, which is disclosed before purchase; nothing in these Terms grants any additional refund, return, or exchange right. Print-on-demand products are produced and shipped by third-party fulfillment partners on the timelines stated in the shop's Shipping Policy.

As of the Effective Date, the Practice sells no subscriptions, memberships, or recurring-billing products of any kind, and nothing sold on the Sites renews automatically. If any recurring product is ever offered, its renewal terms will be disclosed and separately agreed to at the point of purchase.

15. Intellectual Property; Your Limited License

The Sites and all Content — including text, articles, worksheets, Screeners, toolkits, journal prompts and activity designs, graphics, page design, and the "ZipHealthy" name and marks — are owned by or licensed to ZipHealthy PLLC and are protected by copyright, trademark, and other intellectual-property laws.

The Practice grants you a limited, revocable, non-exclusive, non-transferable license to access the Sites and to view, and where a download is offered, download, Content for your personal, non-commercial use. All rights not expressly granted are reserved; no license is granted by implication. You may not use the Practice's names or marks without prior written consent. Except as permitted by Section 16 or by applicable law, you may not copy, republish, distribute, sell, or create derivative works from Content.

16. Acceptable Use; Automated Access

In connection with the Sites, you agree not to:

  • conduct automated bulk scraping, harvesting, or extraction of Content for republication, resale, or the creation of a competing content collection or dataset offered in competition with the Practice;
  • frame or mirror any part of the Sites;
  • circumvent, disable, or interfere with security or anti-abuse features, including Cloudflare Turnstile;
  • probe, scan, or test the vulnerability of the Sites, or interfere with their operation, including by denial-of-service or similar attacks;
  • misrepresent your identity, or submit false or misleading information, in any Site form;
  • harvest email addresses or other contact information from the Sites; or
  • use the Sites for any unlawful purpose.

Permitted automated access. Notwithstanding the above, the Practice expressly permits access to the public pages of the Sites by search-engine crawlers and by AI and large-language-model crawlers for indexing, snippet generation, summarization, and answer attribution, in each case consistent with the Sites' robots.txt file. This permission extends only to the uses enumerated in the preceding sentence; in particular, use of Content to train artificial-intelligence or machine-learning models is permitted only to the extent, and for so long as, the Sites' robots.txt directives allow it. The robots.txt file states the Practice's crawler directives and controls over this section in the event of any inconsistency, in either direction.

17. Submissions and Feedback

If you submit messages, questions, feedback, suggestions, or other material through the Sites ("Submissions"), you grant the Practice a non-exclusive, royalty-free license to use, reproduce, and retain Submissions for administrative and operational purposes, including responding to you, maintaining records, and improving the Sites. You represent that your Submissions are your own and do not violate any law or third-party right. Feedback and suggestions may be used without restriction or compensation. Submitting anything through the Sites does not create any confidential, fiduciary, or clinical relationship.

This section does not grant the Practice any right to use any statement of yours as a testimonial or endorsement. The Practice uses client testimonials only with separate, informed, written permission obtained outside these Terms, consistent with applicable professional-ethics rules.

18. Testimonials, Illustrative Composites, and Results Disclaimer

Testimonials and client experiences described on the Sites reflect individual circumstances. Results vary; no result is typical; and no outcome of therapy or of any product is promised or guaranteed. Therapy outcomes depend on many individual factors.

Testimonials from Arkansas clients are statements of actual clients used with their written permission, accompanied by the professional-ethics disclosure displayed with them. Certain materials on the regional Sites are labeled as illustrative composites. Materials labeled as illustrative composites are not testimonials or endorsements and do not describe any actual client: they are educational illustrations, and the persons and identifying details they depict are fictional. The clear-and-conspicuous label displayed with each such item at the point of use is the operative disclosure for that item, and nothing in these Terms substitutes for it. No person was compensated for a testimonial unless disclosed where it appears.

19. Copyright Infringement Claims (DMCA)

The Practice respects intellectual-property rights and expects users to do the same. If you believe material on the Sites infringes your copyright, send a written notification containing the elements listed below (which follow 17 U.S.C. § 512(c)(3)) to the Practice's copyright agent:

Copyright Agent, ZipHealthy PLLC, Attn: Stephen Velasquez, 240 S Main St, Suite 270, Bentonville, AR 72712; phone (479) 259-1390; email info@ziphealthy.com (subject line "DMCA Notice").

Your notification must include: (1) a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material claimed to be infringing and information reasonably sufficient to locate it (such as its URL); (4) your name, address, telephone number, and email address; (5) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner.

The Practice reviews complete notifications and removes or disables access to material it determines to be infringing. The Sites do not currently host user-posted content. To the extent the Sites ever permit user postings, a user whose posted material is removed in response to a notice may submit a counter-notification containing the elements required by 17 U.S.C. § 512(g)(3) to the same agent, and the Practice will terminate the Site access of repeat infringers in appropriate circumstances. Please note that under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material is infringing, or was removed by mistake, may be liable for damages.

20. Accessibility

The Practice is committed to making the Sites usable by everyone and endeavors to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. Accessibility work is ongoing. Some features of the Sites are supplied by third-party services — booking, checkout, email forms, and the client portal — whose platforms are controlled by their providers; the Practice encourages its vendors' accessibility efforts but does not control their platforms.

If you encounter an accessibility barrier on the Sites, please tell us: email info@ziphealthy.com (subject line "Accessibility") or call (479) 259-1390. We will make reasonable efforts to address reported barriers promptly and to provide the information, service, or transaction you were seeking through an alternative accessible means. The information and transactions offered through www.ziphealthy.com — for example, booking an appointment or requesting materials — may also be requested by telephone at (479) 259-1390 during posted business hours; if you reach voicemail, leave a message and we will return your call to complete your request. The Sites' Accessibility Statement describes this commitment further; it is informational and is not incorporated into these Terms.

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. NEITHER THE PRACTICE NOR ANY OTHER PRACTICE PARTY WARRANTS THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT CONTENT IS CURRENT, COMPLETE, OR ACCURATE.

Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you; in that case they apply to the fullest extent permitted. This section concerns the Sites and Content only. It does not disclaim, and does not apply to, any obligation the Practice owes under a signed clinical intake or informed-consent document, and warranty terms for shop purchases are as stated in the Shop Terms.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) NO PRACTICE PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITES OR CONTENT; AND (B) THE PRACTICE PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITES OR CONTENT WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO THE PRACTICE THROUGH THE SITES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US $100).

The exclusions and cap above do not apply to: (a) liability that cannot be excluded or limited under applicable law; (b) a party's own gross negligence, willful misconduct, or fraud; or (c) any claim arising out of clinical services. Nothing in these Terms limits, waives, or releases any claim arising out of clinical services or professional treatment, whether asserted against the Practice or against any clinician of the Practice individually; those matters are governed exclusively by the signed intake and informed-consent documents and applicable law, and these Terms do not attempt to limit them. Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you; in that case they apply to the fullest extent permitted.

23. Indemnification

You agree to indemnify and hold harmless the Practice Parties from and against third-party claims, and resulting liabilities, damages, and reasonable costs (including reasonable attorneys' fees), to the extent arising out of: (a) your violation of these Terms; (b) infringement or misappropriation of any third-party right by your Submissions; or (c) your unlawful use of the Sites. This obligation does not apply to claims arising from a Practice Party's own negligence, willful misconduct, or violation of law, and it does not extend to ordinary, lawful use of the Sites. The Practice may assume control of the defense of any matter subject to indemnification, in which case you agree to cooperate reasonably.

24. Your Responsibility for Your Decisions

You are responsible for evaluating the Content you use, for the decisions and actions you take or do not take based on it, and for the security of your own devices, connections, and accounts with third-party services. Your use of the Sites' educational tools is voluntary. This section allocates responsibility for your own decisions consistent with Sections 5 through 7; it is not, and shall not be construed as, a release or waiver of any claim against the Practice for its own conduct.

25. Dispute Resolution: Notice of Dispute, Arbitration Agreement, Class Action Waiver, and 30-Day Opt-Out

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES MOST DISPUTES ABOUT THE SITES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, INCLUDES A WAIVER OF CLASS ACTIONS AND JURY TRIALS, PRESERVES YOUR RIGHT TO GO TO SMALL-CLAIMS COURT, AND GIVES YOU THE RIGHT TO OPT OUT OF ARBITRATION WITHIN 30 DAYS (SECTION 25.5). CLAIMS ARISING OUT OF CLINICAL SERVICES ARE NOT COVERED BY THIS SECTION.

25.1 What This Section Covers — and What It Never Covers

This Section 25 applies to any dispute, claim, or controversy between you and the Practice — or between you and any other Practice Party, each of which may enforce this Section as an intended third-party beneficiary — arising out of or relating to the Sites, Content, downloads, communications through the Sites, or purchases on the shop to the extent the Shop Terms do not provide otherwise (each, a "Dispute").

Excluded: clinical claims. This Section 25 does not apply to, and nothing in these Terms requires arbitration of, any claim arising out of or relating to clinical services, professional treatment, or the clinician–client relationship, whether asserted against the Practice or against any clinician of the Practice individually. Those claims are governed by the signed intake and informed-consent documents and applicable law.

Small-claims carve-out. Either party may bring an individual claim in small-claims court, instead of arbitration, if the claim qualifies for that court — including, if you prefer, the small-claims court of the county where you reside.

Intellectual-property and unauthorized-access carve-out. Either party may seek injunctive or other equitable relief in a court described in Section 26 for actual or threatened infringement or misappropriation of intellectual-property rights or for unauthorized access to or interference with the Sites.

Public injunctive relief. Nothing in this Section waives any right you may have under applicable law to seek public injunctive relief where that right cannot be waived. If a claim for public injunctive relief cannot lawfully be arbitrated on an individual basis, that request for relief (and only that request) shall be severed and decided by a court described in Section 26, and all other aspects of the Dispute shall be arbitrated.

25.2 Informal Resolution First (Notice of Dispute)

Before starting an arbitration or filing a lawsuit over a Dispute, the party asserting the Dispute must send the other a written, individualized Notice of Dispute containing: the claimant's name, mailing address, and email address; a description of the Dispute and its factual basis; and the specific relief sought. Send notices to the Practice at ZipHealthy PLLC, Attn: Legal Notices, 240 S Main St, Suite 270, Bentonville, AR 72712, or info@ziphealthy.com (subject line "Notice of Dispute"). The Practice will send notices to the contact information you provided.

For 60 days after a complete Notice of Dispute is received, both parties shall attempt in good faith to resolve the Dispute informally, including by a telephone conference if either party requests one. Neither party may begin an arbitration or lawsuit before this period ends. Applicable statutes of limitation, and the deadline in Section 26, are tolled during the 60-day period. This requirement is mutual: the Practice must comply with it before bringing any claim against you.

25.3 Arbitration Agreement

If a Dispute is not resolved informally, you and the Practice agree that it shall be resolved by final and binding arbitration on an individual basis, rather than in court, except as carved out in Section 25.1 or if you opt out under Section 25.5. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, and evidences a transaction involving interstate commerce.

  • Rules and administrator. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section. If the AAA is unavailable or declines to administer, arbitration will be administered by National Arbitration and Mediation ("NAM") under its comparable consumer rules, and if neither is available, by an administrator the parties agree on or a court appoints under the FAA.
  • Arbitrator; governing standards. One neutral arbitrator will decide the Dispute, apply applicable substantive law (including applicable statutes of limitation and privileges), honor the carve-outs and terms of this Section, and issue a reasoned written decision on request.
  • Hearing format and location. At your election, the hearing will be held (a) in person in the county where you reside, (b) in person in Benton County, Arkansas, or (c) by videoconference or telephone, or, where the AAA rules so provide, on the documents; the format may otherwise be changed only by mutual agreement. You are never required to travel to Arkansas to arbitrate.
  • Fees and costs. You are responsible only for the consumer filing fee under the AAA Consumer Arbitration Rules fee schedule; the Practice will pay all remaining arbitration filing, administrative, case-management, and arbitrator fees. Each party bears its own attorneys' fees and costs, except that the arbitrator may award attorneys' fees and costs (a) where an applicable statute or agreement provides for fee-shifting — nothing in these Terms limits any statutory right to recover fees — or (b) against a party whose claim or defense the arbitrator finds frivolous or brought for an improper purpose, under the standard of Federal Rule of Civil Procedure 11.
  • Remedies. The arbitrator may award the same individual relief that a court could award to the individual claimant, including damages, statutory remedies, attorneys' fees where authorized, and individualized declaratory or injunctive relief to the extent required by the claimant's individual claim.
  • Delegation. The arbitrator shall decide all disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court, not the arbitrator, shall decide (i) the enforceability of the class action waiver in Section 25.4, (ii) whether a Dispute falls within the clinical-claims exclusion in Section 25.1, and (iii) any dispute about the batching procedure in Section 25.6.
  • Enforcement. Judgment on the award may be entered in any court of competent jurisdiction.

25.4 Class Action and Class Arbitration Waiver

YOU AND THE PRACTICE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND EACH WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION, except that individualized claims for public injunctive relief are preserved as stated in Section 25.1. The arbitrator has no authority to conduct a class, collective, or consolidated arbitration or to award relief to anyone other than the individual claimant.

Blow-up severability. If a court of competent jurisdiction holds this class waiver unenforceable as to a particular claim or request for relief, then that claim or request — and only that one — shall be severed from arbitration and proceed in a court described in Section 26, and the remainder of this Section 25 and these Terms shall remain in full force. Under no circumstances shall any claim proceed as a class, collective, or representative arbitration. The enforceability of this class waiver shall be decided by a court, not by the arbitrator, notwithstanding the delegation provision above.

25.5 Your 30-Day Right to Opt Out of Arbitration

You may reject this arbitration agreement and the class waiver by sending written notice within 30 days after your first affirmative acceptance of these Terms — that is, within 30 days after the first date on which you submit a form, subscribe, book an appointment, or complete a purchase through the Sites on or after the Effective Date — or within 30 days after the effective date of any amendment that materially changes this Section 25 (as to that amendment). Send your opt-out notice by email to info@ziphealthy.com with the subject line "Arbitration Opt-Out," or by mail to ZipHealthy PLLC, Attn: Arbitration Opt-Out, 240 S Main St, Suite 270, Bentonville, AR 72712. The notice needs to include only your name, your contact information, and a statement that you opt out of the arbitration agreement in the ZipHealthy Terms of Use.

Opting out has no adverse consequences: it does not affect your access to the Sites, any purchase, or any other provision of these Terms, all of which continue to apply. If you opt out, Disputes will be resolved in the courts identified in Section 26.

25.6 Coordinated (Mass) Filings

If 25 or more arbitration demands of a substantially similar nature are filed against the Practice by or with the assistance of the same or coordinated counsel or organizations, then, as a condition of administration: (a) the parties shall select up to 10 demands per side to proceed first as bellwether arbitrations, and filing and administrative fees for the remaining demands shall be deferred (not extinguished) while the bellwethers proceed; (b) after the bellwether awards, the parties shall engage in a single global mediation session of the remaining demands; and (c) any remaining demands shall then proceed in staged batches under the AAA's rules. Applicable statutes of limitation, and the deadline in Section 26, are tolled for any demand from the date it is filed until it proceeds. Nothing in this subsection deprives any claimant of the right to an eventual resolution of that claimant's individual claim on the merits. If a court holds this subsection unenforceable as to any demand, that demand may proceed in a court described in Section 26 on an individual basis.

26. Governing Law; Venue; Jury Waiver; Time to Bring Claims

These Terms and any Dispute are governed by the laws of the State of Arkansas, without regard to its conflict-of-laws rules, except that (a) the Federal Arbitration Act governs Section 25, and (b) nothing in this section deprives you of the protection of any consumer-protection law of the jurisdiction where you reside that cannot be waived or varied by contract.

Any Dispute that is not subject to arbitration — including any claim carved out under Section 25.1, any claim severed under Section 25.4, and all claims if you opt out under Section 25.5 — shall be brought exclusively in the state courts located in Benton County, Arkansas, or the United States District Court for the Western District of Arkansas, and both parties consent to personal jurisdiction and venue there, except for small-claims actions as permitted in Section 25.1 (which you may bring in the small-claims court of the county where you reside) and except where applicable law guarantees you a different forum.

JURY WAIVER: TO THE EXTENT A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND THE PRACTICE EACH KNOWINGLY AND VOLUNTARILY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY.

Time to bring claims. To the extent permitted by applicable law, any Dispute must be commenced (by filing an arbitration demand or, where permitted, a court action) within two (2) years after the claim accrues, or it is barred; this period is tolled as provided in Sections 25.2 and 25.6. This paragraph does not apply to claims under federal or state consumer-protection statutes, to claims for personal injury or wrongful death, or to claims arising out of clinical services. Where applicable law prohibits shortening the limitations period for any other claim, this paragraph does not apply to that claim, and the shortest lawful period applies instead. This paragraph is severable.

27. Changes to These Terms

The Practice may revise these Terms by posting an updated version on this page with a new Effective Date. For material changes, the Practice will provide at least 14 days' advance notice before the new version takes effect, by a conspicuous notice on the Sites and, where feasible, by email to newsletter subscribers. Changes apply prospectively only: the version of these Terms in effect when a Dispute accrued governs that Dispute. Each version of these Terms is archived; prior versions are available on request using the contact information in Section 30. Your continued use of the Sites after a revised version's Effective Date constitutes acceptance of the revision as to subsequent use.

28. Suspension and Termination of Site Access

The Practice may suspend, restrict, or terminate your access to the Sites, without prior notice, for violation of these Terms — including scraping in violation of Section 16, abuse of forms, or interference with security. You may stop using the Sites at any time. Termination or suspension of Site access is not, and shall never be construed as, termination of any clinical relationship. Any clinical relationship is governed exclusively by the intake and informed-consent documents and by applicable professional and ethical rules, and nothing in this section or these Terms alters the Practice's professional obligations to any client.

29. General Provisions

Severability. If any provision of these Terms is held invalid or unenforceable, it shall be reformed to the minimum extent necessary to make it enforceable or, if it cannot be reformed, severed, and the remainder of these Terms shall remain in full force — except that the blow-up provision in Section 25.4 controls over this general severability rule as to the class waiver.

Survival. Sections 1 and 4 through 8, Section 12, Sections 15 through 19, and Sections 21 through 30, and any other provision that by its nature should survive, survive any termination of these Terms or of your access to the Sites.

Entire agreement (Site use only). These Terms are the entire agreement between you and the Practice regarding use of the Sites and supersede prior website terms. The informational documents referenced in Section 2 describe the Practice's practices but are not contract terms of these Terms. These Terms do not merge with, amend, or supersede: any signed clinical intake, informed-consent, or financial-agreement document; the Shop Terms; TherapyPortal's platform terms; or any signed testimonial release — each of which remains a separate agreement governing its own subject matter, with precedence as stated in Section 13.

No waiver. The Practice's failure to enforce any provision is not a waiver of it or of any other provision.

Assignment. You may not assign these Terms or any rights under them. The Practice may assign these Terms to a successor in connection with a merger, reorganization, or sale of the Practice or substantially all of its assets.

Force majeure. The Practice is not liable for any failure or delay in the Sites' availability caused by events beyond its reasonable control, including internet, hosting, or third-party service failures, power outages, natural disasters, public-health events, or governmental action.

Interpretation. Section headings and the italicized plain-English summaries are for convenience only and are not operative terms; where a summary and the operative text differ, the operative text controls. "Including" means "including without limitation."

30. Contact; Legal Notices; California Consumer Notice

Questions about these Terms, requests for archived versions, accessibility feedback, Notices of Dispute (Section 25.2), arbitration opt-outs (Section 25.5), DMCA notices (Section 19), and all other formal legal notices to the Practice should be directed to:

ZipHealthy PLLC
240 S Main St, Suite 270
Bentonville, AR 72712
Phone: (479) 259-1390
Email: info@ziphealthy.com

The Practice will send any notices to you at the email or postal address you provided or, where these Terms provide for it, by conspicuous notice on the Sites. A notice from the Practice to you is effective when actually received (or, for notice given by conspicuous posting on the Sites, when posted). A formal notice from you to the Practice — including an arbitration opt-out (Section 25.5) or a Notice of Dispute (Section 25.2) — is effective when you send it, as shown by the email time stamp or postal postmark.

Notice to California residents. Under California Civil Code § 1789.3, California users are entitled to the following: the Sites are provided by ZipHealthy PLLC, 240 S Main St, Suite 270, Bentonville, AR 72712. Complaints regarding the Sites, or requests to receive further information regarding use of the Sites, may be sent to the address above or to info@ziphealthy.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Terms of use professional

Terms of Use

Please review our terms of use governing your access to our website and services.