Terms of Service

Effective Date: 5/14/2026
Last Updated: 10/26/2026

What changed on October 26, 2026: Playbook and Featured Listing purchases are no longer refundable (Sections 6.8 and 7.4). This applies to purchases made on or after November 25, 2026, and earlier purchases keep the terms they were made under. Featured Listings are now available to any provider who has claimed their listing, and a Featured Listing never means a provider is a Certified Deprescriber (Section 6).

What changed on October 2, 2026: Section 7.1 adds a lower non-provider price for the Playbook course, currently $197. Only people who are not healthcare providers and do not prescribe medications may buy at that price, for their own education. Anyone with a National Provider Identifier (NPI) counts as a healthcare provider. A purchase at that price never includes the assessment or the Certification, and it can be refunded within 14 days.

What changed on September 29, 2026: Section 7.4 shortens the refund window for Playbook purchases from 30 days to 14 days. The new window applies to purchases made on or after October 29, 2026. Purchases made before then keep the 30-day window. Sections 4.2 and 7.1 now let patients and family members buy the Playbook course for their own education, without the assessment or the Certification. New Section 7.7 explains how our Refer a Colleague Program Terms apply if you take part in the program or buy the Playbook with a colleague’s link or code.

A note before we get into it

These Terms govern your use of mydeprescriber.com. We tried to write the important parts in plain English first, then put the formal language below. Both versions are binding when you use the Site.

The short version:

  • We are a directory, not a doctor. Nothing on this Site is medical advice. Always talk to a licensed clinician before changing or stopping any medication. Stopping psychiatric medication abruptly can be dangerous.
  • In an emergency, call 911 or 988. Do not use this Site for emergencies, crisis support, or any time-sensitive medical need.
  • Provider information may be wrong or out of date. We source basic data from the public NPPES file the federal government publishes; providers can correct their listings, but we cannot guarantee accuracy. Verify a provider’s license, training, and current practice information before you make any treatment decision.
  • Providers who use the Site are responsible for their own conduct. We are not a referral service. A listing is not an endorsement, and we do not certify, supervise, or vouch for any provider’s clinical care.
  • The Playbook + Certification are educational. They are not a medical license, a board certification, a residency, or a substitute for state-issued credentials. Completing them does not authorize anyone to practice medicine or prescribe medication.
  • No scraping, no harassment, no impersonation. Be a good citizen of the Site.
  • Disputes go to arbitration in Arizona. You waive the right to sue us in court and the right to participate in class actions, with narrow exceptions described in §17.
  • You can stop using the Site any time, and we can suspend access if you misuse it.

If anything below is unclear, email legal@mydeprescriber.com and we will explain in plain language.

1. Acceptance and Scope

1.1 Who these Terms are between

These Terms of Service (“Terms”) are a binding agreement between MyDeprescriber.com, LLC (“MyDeprescriber,” “we,” “us,” “our”), an Arizona limited liability company, and you (“you,” “user”) when you access or use:

  • mydeprescriber.com and any subdomain we operate (the “Site”);
  • any service we provide through the Site, including the provider directory, the contact-provider features, the Playbook educational product, the Certified Deprescriber certification, premium provider listings, and any associated APIs or mobile experiences (collectively, the “Services”).

1.2 Acceptance

By creating an account, claiming a provider listing, purchasing the Playbook or a certification, or otherwise using any part of the Services, you agree to be bound by these Terms and by our https://mydeprescriber.com/privacy/, which is incorporated by reference.

If you do not agree, do not use the Services.

1.3 Capacity to enter into the agreement

You represent that you are at least 18 years old, legally capable of entering into a binding contract, and not barred from receiving Services under the laws of the United States or any other applicable jurisdiction.

If you are using the Services on behalf of an organization (for example, claiming a provider listing on behalf of an employed clinician’s practice), you represent that you have authority to bind that organization, and “you” refers to both you and the organization.

1.4 What this agreement is not

These Terms do not create:

  • A doctor–patient relationship between you and us;
  • A doctor–patient relationship between you and any provider listed on the Site (relationships with listed providers form only when you engage them directly and they accept you as a patient);
  • An agency, employment, partnership, or joint-venture relationship; or
  • A fiduciary duty owed to you by us.

2. What the Services Are and Are Not

2.1 What we provide

  • A searchable directory of psychiatric prescribers — initially psychiatric mental-health nurse practitioners (“PMHNPs”) and psychiatrists practicing in the United States — drawn primarily from the public National Plan and Provider Enumeration System (“NPPES”) file published monthly by the Centers for Medicare & Medicaid Services (“CMS”).
  • A claim flow that lets verified providers update and enhance their listings.
  • Educational content (the Playbook) about evidence-informed deprescribing of psychiatric medications, aimed at clinicians.
  • A certification program (“Certified Deprescriber”) that recognizes clinicians who complete the Playbook and pass our assessment.
  • Optional paid promotion of provider listings (“Featured Listings”).

2.2 What we are not

  • We are not a healthcare provider. We do not provide medical diagnosis, treatment, prescriptions, or any clinical service.
  • We are not a HIPAA-covered entity or business associate. We do not knowingly receive protected health information (“PHI”) on behalf of any covered entity. If you choose to share health information with us (for example, by describing your situation in a contact-provider form), it may not be protected by HIPAA. Use discretion.
  • We are not a referral service, a clinical-credentialing body, or an accreditation organization. We do not select providers for you, vouch for their fitness, or supervise their practice.
  • We are not affiliated with the U.S. government, CMS, NPPES, the U.S. Drug Enforcement Administration (“DEA”), the U.S. Department of Health and Human Services, the American Psychiatric Association, the American Psychiatric Nurses Association, or any state medical or nursing board.
  • We are not your or any provider’s professional liability insurer, malpractice carrier, or quality-assurance reviewer.
  • A listing on the Site is not an endorsement by us of any provider.

3. Medical and Safety Disclaimers

3.1 No medical advice

Content on the Site — including the Playbook, the certification materials, articles, FAQs, and provider profiles — is for informational and educational purposes only. It is not medical advice and does not substitute for evaluation, diagnosis, treatment, or prescription by a licensed clinician with whom you have a direct treatment relationship.

Do not stop, start, or change the dose of any psychiatric medication based on anything you read on the Site. Discontinuation of psychiatric medications — particularly benzodiazepines, antidepressants, antipsychotics, and mood stabilizers — can cause severe and sometimes dangerous physiological and psychiatric reactions. Any taper should be designed and monitored by a clinician who knows your full medical history.

3.2 Emergencies

The Services are not designed for emergencies. If you are experiencing a medical or mental-health emergency, call 911 or go to the nearest emergency room. If you are in suicidal or other psychiatric crisis, call or text 988, the U.S. Suicide & Crisis Lifeline.

Contact-provider forms on the Site are not monitored 24/7, may take days or longer to reach the provider, and may not reach the provider at all. Do not use them for any time-sensitive matter.

3.3 Directory accuracy

The provider data on the Site is sourced primarily from the public NPPES file, which is maintained by providers themselves and refreshed by CMS monthly. Some information may be out of date, incomplete, or wrong. Claimed listings reflect information submitted by the provider and have not been independently verified by us beyond the steps described in §5.4.

You are responsible for verifying — before scheduling, treatment, or payment — that a listed provider:

  • Holds a current, unrestricted license in the state where you will be treated;
  • Has the credentials and scope of practice they claim;
  • Maintains a DEA registration appropriate to any controlled-substance service you seek (verifiable through state boards and the DEA’s own registration verification services);
  • Is currently accepting patients and accepting your insurance, if any.

4. Eligibility and Accounts

4.1 Eligibility

The Services are intended for users physically located in the United States. Provider accounts are available only to clinicians who are licensed to practice in at least one U.S. state.

4.2 Account types

We currently offer two account types:

  • Provider accounts — for licensed PMHNPs, psychiatrists, and other prescribing clinicians who want to claim and manage their public directory listing or enroll in the Playbook or Certification.
  • Customer accounts — for individuals who purchase the Playbook or Certification without being the listed provider (for example, a clinician who is not yet listed in NPPES, or a patient or family member taking the Playbook course for their own education).

Patients browsing the directory do not need an account.

4.3 Registration

To create an account you must provide accurate, current, and complete information and keep it accurate over time. You are responsible for the security of your account credentials, all activity that occurs under your account, and any actions taken by anyone you authorize to use it.

Notify us promptly at security@mydeprescriber.com if you suspect unauthorized access to your account.

4.4 One person per account

Provider accounts are individual. Sharing a provider account among multiple clinicians, or using a single account for an entire practice, is prohibited. Each clinician who appears in the directory must have their own account tied to their own NPI.

5. Provider Listings — The Public Directory

5.1 Source of listings

The base directory is constructed from the public NPPES file. NPPES is published in the public domain by CMS and contains professional information about every healthcare provider with a National Provider Identifier, including: provider name, credentials, primary practice taxonomy, license numbers (when reported by the provider), practice address, and practice phone. We filter NPPES to providers practicing in psychiatric specialties and republish the relevant fields.

A provider’s appearance in the directory does not signify any relationship with, agreement with, payment from, or endorsement by MyDeprescriber. We list providers because their information is in the public NPPES file, not because they have asked to be listed.

5.2 Claiming a listing

A provider who wants to update or enhance their listing may claim it. The claim flow requires:

  • Confirmation that the provider’s name on the Site matches their NPPES record;
  • Verification of professional identity by one of the methods we offer (typically a confirmation code sent to an email address at the provider’s institutional or practice domain, an SMS code to the NPPES-listed practice phone, or, in some cases, a third-party identity verification flow);
  • Acceptance of these Terms; and
  • Optional submission of additional profile content (bio, treatment approach, telehealth licensure, insurance accepted, etc.).

The verification options and underlying processes may change over time as we improve them.

5.3 Provider responsibilities

By claiming or maintaining a listing, you agree:

(a) Truthful and current information. All information you submit is accurate, complete, not misleading, and kept current. You will promptly correct any information that becomes inaccurate. We may rely on the accuracy of your submissions without independent investigation.

(b) Licensure. You hold every license, certification, DEA registration, and authorization required to practice as represented on your listing, in every state where you list yourself as practicing or as licensed for telehealth.

(c) Scope of practice. You will not represent skills, services, specialties, or credentials you do not actually hold. The term “Certified Deprescriber” may be used on your listing only if you have completed the Certification described in §7 and the certification remains in good standing.

(d) No prohibited solicitation. You will not use the Site, your listing, or any feature of the Services to solicit, advertise, prescribe, dispense, or arrange the prescription of any controlled substance in a manner that violates the federal Controlled Substances Act (including the Ryan Haight Act), the regulations of the DEA, any temporary or post-emergency telehealth flexibility, or the laws of any state in which you or your patient is located.

(e) No false reviews or testimonials. You will not post, solicit, or buy fake reviews, fake testimonials, or other deceptive endorsements, whether on the Site or on third-party platforms in a way that links back to the Site.

(f) No solicitation of patients you are not licensed to treat. You will not advertise services in any state where you are not licensed, except as expressly permitted under the laws of both your state and the patient’s state.

(g) No PHI in listing content. You will not include any patient PHI or identifying patient information in your listing, in user-submitted content, or in any communication with us.

(h) Compliance with advertising rules. Your listing and any promotional content you submit comply with the advertising and solicitation rules of every state board governing your practice, including any required disclaimers, language about results, and restrictions on testimonials.

5.4 Verification — what it means and doesn’t mean

We perform basic identity verification when a provider claims a listing. That verification confirms (to a reasonable degree) that the person claiming the listing is the named individual. It does not:

  • Confirm the provider’s current license status (we may display license-status data from state board rosters where available, but you must independently verify before treatment);
  • Constitute clinical credentialing, malpractice review, or peer review;
  • Substitute for the patient’s own due diligence on the provider; or
  • Create any duty on our part to monitor the provider’s ongoing qualifications.

5.5 Opting out / delisting

Any provider may request removal from the directory at any time by emailing privacy@mydeprescriber.com with sufficient information to verify they are the named provider (typically state license number plus the matching NPI). We will trash the listing within seven (7) business days of verified request.

Because the underlying NPPES record is public and outside our control, removal from the Site does not remove the provider from NPPES.

5.6 Listing disputes

If two or more individuals claim the same listing, or if a provider believes someone has fraudulently claimed their listing, contact disputes@mydeprescriber.com. We will review available evidence (matching NPI, state license, government ID, professional email domain, practice-phone control) and make a reasonable determination. Our decision is final at the platform level; nothing in this section limits any underlying legal remedies a party may have outside the Site.

A Featured Listing is a paid subscription that gives a provider enhanced placement in directory search and additional profile features, such as an intro video, a photo gallery and a booking calendar link. Specific features may change over time and will be described on the order page at the time of purchase.

6.2 Who can buy one

Any provider who has claimed their listing under §5 may purchase a Featured Listing.

A Featured Listing is paid placement. It does not make a provider a Certified Deprescriber and does not signal that a provider has completed the Playbook or passed our assessment. The Certified Deprescriber designation and badge are earned only by passing the assessment and cannot be purchased. Featured Listings are labeled “Featured” on the Site, and the Site’s explanation of how results are ordered says that Featured is paid placement.

6.4 Free trial

We may offer a free trial of a Featured Listing, once per provider. If you do not cancel before the trial ends, your subscription starts and your payment method is charged on the recurring schedule shown at purchase.

6.5 Subscription terms

Featured Listings are sold as recurring subscriptions (monthly or annual, as offered at purchase). By starting a subscription you authorize us (through our payment processor, Stripe) to charge your payment method on the recurring schedule until you cancel.

6.6 Price changes

We may change Featured Listing pricing or feature sets. For active subscribers, we will give at least thirty (30) days’ notice of any price increase before it takes effect at your next renewal. You may cancel before the next renewal to avoid the new price.

6.7 Cancellation

You may cancel at any time from Account & Billing in the provider portal or by emailing billing@mydeprescriber.com. Cancellation stops future renewals; your Featured features remain active through the end of the current paid period.

6.8 No refunds

Except where required by law, all Featured Listing charges are final and non-refundable, including monthly and annual charges and any charge that follows the end of a free trial. You are not charged during a free trial, and you can cancel at any time to stop future renewals. This section applies to Featured Listings purchased or renewed on or after November 25, 2026; earlier charges keep the refund terms that applied when they were made.

6.9 No guaranteed leads, ranking, or results

We make no representation about how many patient inquiries, profile views, conversions, or new patients a Featured Listing will generate. The fee is for the placement and features described, not for any specific outcome.

6.10 Termination for cause

We may suspend or terminate a Featured Listing at any time for any breach of these Terms (including but not limited to §5.3 or §9), without any refund, and without prejudice to any other remedy.

7. The Playbook and Certified Deprescriber Certification

7.1 Educational purpose

The Playbook is an educational program designed for licensed clinicians on evidence-informed deprescribing of psychiatric medications. Patients, family members and others may buy the Playbook course for their own education. That purchase does not include the assessment or the Certification, which are only for licensed clinicians. The Certified Deprescriber certification recognizes clinicians who have completed the Playbook and passed a written assessment.

Non-provider price. We may offer the Playbook course to people who are not healthcare providers at a lower price, currently $197. Only a person who is not a healthcare provider and does not prescribe medications may buy at that price, and only for their own education. Anyone who has a National Provider Identifier (NPI) counts as a healthcare provider for this purpose. Before paying, the buyer confirms this, and we keep a record of that confirmation. If a healthcare provider, or someone who prescribes medications, buys at the non-provider price, we may cancel the purchase, refund it and end access. A purchase at the non-provider price never includes the assessment or the Certification. Purchases at the non-provider price follow §7.4.

7.2 What the Certification is and is not

The Certification:

  • Is an educational designation issued by MyDeprescriber.com, LLC;
  • Indicates the clinician has completed the Playbook curriculum and passed the associated assessment;
  • May be displayed on the clinician’s directory listing and in professional materials, subject to the use restrictions in §11.

The Certification is not:

  • A medical license, advanced-practice license, or board certification;
  • An accreditation by any state board, the American Board of Medical Specialties, the American Board of Psychiatric Nurses, or any other certifying body;
  • A substitute for any continuing-education credit required by a state board (we do not currently offer CE credit; if we obtain accreditation to do so, we will say so explicitly at purchase);
  • A representation that the clinician has any specific clinical experience with any specific patient population; or
  • A license to practice medicine, prescribe medication, or engage in any activity for which a state-issued credential is required.

7.3 Purchase

The Playbook and Certification are sold as one-time purchases unless expressly described otherwise at checkout. Pricing is shown in U.S. dollars at purchase and processed by Stripe.

7.4 No refunds

Because the Playbook is a digital educational product delivered immediately upon purchase, all sales are final and non-refundable, except where required by law. This applies to purchases made on or after November 25, 2026. Purchases made before that date keep the refund window that applied when they were made.

7.5 Use of the “Certified Deprescriber” mark

If you earn the Certification, we grant you a limited, revocable, non-exclusive, non-transferable license to use the “Certified Deprescriber” name and any associated badge in your professional materials, subject to:

  • Your continued compliance with these Terms;
  • Use only in the form we provide (no derivative or modified versions);
  • Discontinuation of all use within fourteen (14) days of any expiration or revocation; and
  • No use that misrepresents the Certification or implies endorsement of any specific clinical claim.

We may revoke the license at any time for cause, including violation of §5.3, loss of professional licensure, or material misrepresentation.

7.6 Renewal and continuing requirements

We may require periodic re-certification, refresher modules, or evidence of continuing education to maintain the Certification. If we add such requirements, current Certified Deprescribers will have at least six (6) months’ notice and a reasonable opportunity to comply before the Certification is suspended or revoked.

7.7 Refer a Colleague Program

If you take part in our Refer a Colleague Program, the Refer a Colleague Program Terms at mydeprescriber.com/refer-a-colleague/terms/ also apply to you and form part of these Terms. If you buy the Playbook with a colleague’s link or code, Section 4 of those terms (“What your colleague gets”) applies to your purchase. If those terms and these Terms conflict about the Program, the Program Terms control.

8. Patient Use of the Site

8.1 Browsing the directory

You may browse the directory without an account. We do not charge patients for search, listing access, or contacting providers.

8.2 Independent verification

Before scheduling, treatment, or payment, you are responsible for verifying the provider’s licensure, credentials, current scope of practice, and willingness to accept you as a patient. The directory is a discovery tool, not a substitute for due diligence.

8.3 Contact-provider forms

When you submit a contact-provider form:

  • We forward your message and contact information to the selected provider’s listed email address;
  • The provider — not us — decides whether and when to respond;
  • Once delivered, the message and your information leave our care and are handled by the provider under their own privacy practices;
  • We make no guarantee that the provider will read or respond to your message, that the response will be timely, or that the response will contain any particular content.

Use of the form does not create a doctor–patient relationship with the recipient. That relationship forms only if and when the provider accepts you as a patient through their own intake process.

8.4 Communications with us

If you contact us at any of the email addresses in these Terms, your message may be reviewed by our staff to respond and to improve the Services. Do not include sensitive personal health information in communications with us; if you do, you do so at your own risk.

9. Acceptable Use

You agree not to, and not to facilitate or encourage any third party to:

(a) Scrape, crawl, or systematically extract content from the Site except through interfaces we expressly provide for that purpose. Search engines indexing for normal organic search are permitted to the extent allowed by our robots.txt;

(b) Use any automated means (bots, scripts, headless browsers) to access the Site at a rate or scale that materially burdens our infrastructure, or to circumvent rate limits, captchas, or anti-abuse measures;

(c) Reverse engineer, decompile, or attempt to derive source code of any software, API, or service we provide, except to the extent applicable law expressly permits;

(d) Bypass, attack, or test the security of the Site, except under a written authorization from us (we welcome responsible vulnerability disclosures at security@mydeprescriber.com);

(e) Impersonate any person, provider, organization, or entity;

(f) Submit false, misleading, or fraudulent information, including fake provider claims, fake reviews, or fabricated credentials;

(g) Use the Site to send unsolicited commercial messages (“spam”), to distribute malware, or to phish other users;

(h) Harass, threaten, defame, or otherwise injure any person or entity, including listed providers, our staff, and other users;

(i) Use the Site for any unlawful purpose, including violations of state or federal healthcare advertising, prescribing, or telehealth rules;

(j) Resell, sublicense, or commercially redistribute any content, data, or feature of the Site without our prior written consent (provider listings are made publicly available for individual patient/provider use, not for bulk redistribution to third parties); or

(k) Use the Site in any way that could subject us to legal liability or regulatory action.

We may report violations of this section to applicable authorities and to affected third parties.

10. User-Generated Content

10.1 What counts as UGC

“User-Generated Content” or “UGC” means any text, image, video, audio, data, or other content you submit to or through the Site — including provider profile content, contact-provider form messages, support requests, public reviews if and when offered, and anything else you make available through the Services.

10.2 License grant

You retain ownership of your UGC. You grant us a worldwide, royalty-free, non-exclusive, transferable, sublicensable license to host, store, copy, display, reproduce, distribute, modify (only to the extent necessary to display and adapt it across devices and formats), and create derivative works of your UGC, solely for the purpose of operating, marketing, and improving the Services.

The license terminates when you remove the UGC, except (a) for backup copies retained for a reasonable period and (b) for any sublicenses already granted to third-party service providers.

10.3 Representations and warranties about UGC

You represent and warrant that, for every piece of UGC you submit:

  • You own all rights necessary to submit it, or you have permission from the rights holders;
  • It does not infringe any copyright, trademark, trade secret, right of publicity, right of privacy, or other right of any third party;
  • It is accurate and not misleading;
  • It does not contain malware, viruses, or other harmful code;
  • It does not contain unencrypted PHI or other information you do not have the right to disclose; and
  • It complies with all applicable laws and these Terms.

10.4 Our right to remove or refuse UGC

We may remove, refuse to display, or modify any UGC at any time, in our sole discretion, including (without limitation) content that we believe violates these Terms, infringes third-party rights, or creates legal risk for us. We are not obligated to host any specific UGC and we have no duty of pre-publication review.

10.5 Provider-uploaded media (photos, intro videos, photo galleries)

Provider-uploaded media — including but not limited to the headshot on your profile, your intro video, and your photo gallery — publishes to your public profile immediately upon successful upload. We do not pre-review or pre-approve this media before it becomes publicly visible.

This means:

  • You are solely responsible for the content of your uploads. You represent and warrant that each upload meets the requirements in Section 10.3 (you own the rights, it doesn’t infringe, it’s accurate, it complies with applicable law and these Terms).
  • We monitor uploaded media for quality and brand fit and may remove any upload at any time at our sole discretion. Removal does not require notice and is not subject to appeal.
  • Patients and other site visitors can report content to us via the “Report this content” link displayed near each provider-uploaded media block on public profiles. We review reports as quickly as we reasonably can but make no commitment to specific response times.
  • Removal of a single piece of media does not end your account or your Featured subscription. A pattern of upload violations may, however, result in account suspension or termination under Section 13.

By uploading media to the Services, you acknowledge and agree to this post-publication moderation model in lieu of a pre-publication review.

11. Intellectual Property

11.1 Our content

Except for UGC and content sourced from NPPES or state-board rosters, all content on the Site — including the Site design, templates, code, brand, logos, the Playbook, and the Certification curriculum and assessment — is owned by MyDeprescriber.com, LLC or its licensors and is protected by copyright, trademark, and other intellectual-property laws.

11.2 Limited license to use the Site

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for its intended purpose. No other rights are granted by implication, estoppel, or otherwise.

11.3 Trademarks

“MyDeprescriber,” the MyDeprescriber logo, “Certified Deprescriber,” “The Deprescriber Playbook,” and any associated logos and product names are trademarks of MyDeprescriber.com, LLC. Other product and company names mentioned on the Site may be trademarks of their respective owners.

11.4 Feedback

If you send us feedback, suggestions, or ideas about the Services, we may use them without restriction, attribution, or compensation. You assign to us all rights necessary for us to do so.

12.1 Notice of alleged infringement

We respect the intellectual-property rights of others. If you believe material on the Site infringes your copyright, please send a written notice (“DMCA Notice”) to our designated agent:

MyDeprescriber.com, LLC
Attention: DMCA Agent
4815 E Carefree Hwy
Ste 108-130
Cave Creek, AZ 85331

Email: dmca@mydeprescriber.com

Your DMCA Notice must include the elements required by 17 U.S.C. §512(c)(3), namely:

(a) Your physical or electronic signature; (b) Identification of the copyrighted work claimed to be infringed; (c) Identification of the material on the Site you claim is infringing, sufficient for us to locate it (URL is best); (d) Your address, telephone number, and email address; (e) 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 (f) A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner of, or are authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

12.2 Counter-notice

If you believe content of yours was removed in error, you may submit a counter-notice meeting the requirements of 17 U.S.C. §512(g) to the same contact. If we receive a proper counter-notice, we may restore the content as permitted by the DMCA.

12.3 Repeat infringers

We will, in appropriate circumstances, terminate the accounts of users we determine to be repeat infringers.

12.4 Misrepresentations

Knowingly submitting a false DMCA Notice or counter-notice is a federal crime under 17 U.S.C. §512(f) and may subject you to liability for our attorneys’ fees.

13. Disclaimers — “As Is” Services

13.1 No warranties

THE SERVICES, INCLUDING ALL CONTENT, PROVIDER LISTINGS, AND DIRECTORY DATA, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, currency, freedom from errors or harmful components, uninterrupted service, and any warranty arising from course of dealing or trade usage.

13.2 Specifically, we do not warrant that

  • Any provider listed on the Site holds the credentials we display, is currently licensed, is currently accepting patients, or will respond to inquiries;
  • Any provider’s clinical care meets any standard of care;
  • The Site will be free of errors, defects, or interruptions;
  • The Site is fit for any particular professional, clinical, or commercial purpose;
  • The Playbook content reflects the latest clinical evidence or current guidelines (clinical guidance changes and is the responsibility of the practicing clinician to consult); or
  • Use of the Site will produce any specific outcome, including new patients, profile views, or income.

13.3 Statutory exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitations on implied warranties. To the extent any of the disclaimers in this §13 are unenforceable under applicable law, they apply to the maximum extent permitted.

14. Limitation of Liability

14.1 Excluded damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER MYDEPRESCRIBER.COM, LLC NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, PATIENTS, OR USE, ARISING OUT OF OR RELATING TO YOUR USE OF — OR INABILITY TO USE — THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Cap on direct damages

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, IN AGGREGATE, WILL NOT EXCEED THE GREATER OF (a) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100).

14.3 Basis of the bargain

The exclusions and limitations in this §14 are a fundamental basis of the agreement between you and us, and they apply even if a remedy fails of its essential purpose.

14.4 Statutory exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent any provision of this §14 is held unenforceable, the remaining provisions remain in effect, and our liability is limited to the maximum extent permitted by law.

15. Indemnification

You will defend, indemnify, and hold harmless MyDeprescriber.com, LLC and its officers, directors, employees, agents, affiliates, and licensors from and against any claim, action, demand, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to:

(a) Your use of the Services;

(b) Your UGC, including any claim that your UGC infringes a third party’s rights or violates any law;

(c) Your breach of these Terms or any representation or warranty in these Terms;

(d) Your provision of any clinical service to any patient who found you through the Site, including any malpractice claim, peer-review action, or licensing-board action;

(e) Any violation by you of applicable law, including healthcare advertising rules, controlled-substance laws, telehealth rules, or state-board requirements; or

(f) Any dispute between you and any third party (including another user of the Site).

We may, at our option, control the defense of any matter for which you owe us indemnification. You may not settle any such matter without our prior written consent, which will not be unreasonably withheld.

16. Suspension and Termination

16.1 Your right to terminate

You may stop using the Services at any time. You may close your account by emailing support@mydeprescriber.com. We will close your account within a reasonable time after we verify the request.

16.2 Our right to suspend or terminate

We may suspend or terminate your access to the Services, your account, your listing, your Certification, your Featured Listing, or any combination of the foregoing, with or without notice, if we reasonably believe:

(a) You have violated these Terms or any law; (b) Continued provision of the Services to you exposes us or others to material legal, regulatory, or reputational risk; (c) You have lost your professional licensure (for provider accounts); (d) You have not paid a fee owed under §6 or §7; or (e) The Services are being discontinued or materially changed.

16.3 Effect of termination

On termination:

  • Your right to use the Services ends;
  • The license to use the “Certified Deprescriber” mark under §7.5 ends;
  • Surviving provisions remain in effect, including §§10.2 (UGC license to the extent backups remain), 11, 13, 14, 15, 17, and 18; and
  • You are not entitled to a refund except as expressly provided in §6 or §7.

We may delete your account data per the data-retention practices in our Privacy Policy.

17. Dispute Resolution — Arbitration and Class-Action Waiver

> PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, > INCLUDING YOUR RIGHT TO SUE IN COURT AND TO PARTICIPATE IN A CLASS > ACTION.

17.1 Informal resolution first

Before bringing any formal proceeding, you agree to contact us at legal@mydeprescriber.com and try in good faith to resolve the dispute for at least sixty (60) days. We will do the same.

17.2 Binding arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services — including formation, performance, breach, interpretation, or termination, and whether sounding in contract, tort, statute, or otherwise — will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect.

The arbitration will be held in Maricopa County, Arizona, or, at your election, by remote means or in the county of your residence. The arbitrator’s decision is final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.3 Class-action and jury-trial waiver

You and we each waive the right to a trial by jury and the right to bring, participate in, or be represented in any class, collective, consolidated, mass, or representative action. All claims must be brought in your or our individual capacity. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

If a court determines that this class-action waiver is unenforceable in a particular case, the entire arbitration agreement in §17.2 is null and void as to that case, but the rest of these Terms remain in effect.

17.4 Exceptions

Notwithstanding §17.2, either party may:

(a) Bring an individual action in small-claims court in Maricopa County, Arizona;

(b) Seek injunctive or other equitable relief in court to protect intellectual-property rights or confidential information; and

(c) Make any required report to, or accept relief from, a government agency.

17.5 Opt out of arbitration

You may opt out of the arbitration agreement in §17.2 and §17.3 by sending a written opt-out notice to legal@mydeprescriber.com within thirty (30) days of the date you first accept these Terms. Your opt-out must include your full legal name, the email associated with your account (if any), and a clear statement that you are opting out of arbitration. If you opt out, neither §17.2 nor §17.3 applies to you, and disputes will be resolved in the courts identified in §17.6.

17.6 Governing law and venue (for non-arbitrable matters)

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles. For any dispute not subject to arbitration, the parties consent to the exclusive personal and subject-matter jurisdiction of the state and federal courts located in Maricopa County, Arizona.

The Convention on Contracts for the International Sale of Goods does not apply.

18. General Provisions

18.1 Entire agreement

These Terms (together with the Privacy Policy and any order forms, checkout pages, or written addenda you sign) are the entire agreement between you and us about the Services, superseding any prior or contemporaneous understandings.

18.2 Severability

If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

18.3 No waiver

Our failure to enforce any provision is not a waiver of the right to enforce it later or to enforce any other provision.

18.4 Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms freely to an affiliate, a successor, or in connection with a merger, acquisition, sale of assets, or reorganization.

18.5 Force majeure

We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, strikes, power or internet outages, pandemic, or governmental action.

18.6 Relationship of the parties

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and us. Neither party has authority to bind the other.

18.7 Notices

We may send notices to the email address on your account or by posting on the Site. You should send notices to legal@mydeprescriber.com or to the mailing address in §20, with simultaneous copy by email.

18.8 Headings

Section headings are for convenience and do not affect interpretation.

18.9 Survival

Provisions that by their nature should survive termination — including §§5.6, 10.2, 11, 13, 14, 15, 17, and 18 — survive.

19. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last Updated” date above and, for material changes, provide additional notice such as a banner on the Site or an email to registered users.

Your continued use of the Services after we post material changes constitutes your acceptance of the revised Terms. If you do not accept a material change, your sole remedy is to stop using the Services and (if applicable) close your account before the revised Terms take effect.

For changes that materially reduce your rights or increase your obligations, the revised Terms take effect no earlier than thirty (30) days after posting, except as required by law.

20. Contact

Questions, notices, or requests under these Terms can be directed to:

MyDeprescriber.com, LLC
Attention: Legal
4815 E Carefree Hwy
Ste 108-130
Cave Creek, AZ 85331

Email: legal@mydeprescriber.com

For specific topics, please use these dedicated addresses:

  • Privacy and data requests: privacy@mydeprescriber.com
  • Security and vulnerability reports: security@mydeprescriber.com
  • Billing: billing@mydeprescriber.com
  • Listing disputes: disputes@mydeprescriber.com
  • DMCA copyright notices: dmca@mydeprescriber.com
  • General support: support@mydeprescriber.com