Terms of Use

BMHM Website & Mental Health Provider Directory Terms of Use

Effective Date: October 9, 2026

Welcome to the website of Bengali Mental Health Movement, Inc. ("BMHM," "we," "us," or "our"). BMHM is a New York nonprofit corporation and a 501(c)(3) nonprofit organization.

These Terms of Use ("Terms") govern your access to and use of bmhmnyc.org, including our mental health provider directory, provider profiles, provider membership services, consultation/contact features, professional community resources, and related services (collectively, the "Services").

Please read these Terms of Use carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

These Terms apply to individuals who browse or contact providers through the directory ("Community Members") and to mental health professionals who apply for or maintain a listing ("Providers").

1. About BMHM and the Directory

BMHM's mission includes building community and increasing access to culturally responsive mental health resources for Bengali and South Asian communities.

The Provider Directory is intended to help individuals and families discover mental health professionals who may share or understand aspects of their cultural, linguistic, or community background.

The Directory is a connection and information service. BMHM does not provide psychotherapy, counseling, psychiatry, medical care, diagnosis, treatment, crisis services, or other professional mental health services through the directory.

BMHM does not act as a mental health provider, therapist, psychiatrist, counselor, social worker, treatment provider, referral agency, insurer, or clinical supervisor for Providers listed in the directory.

2. Eligibility to Use the Directory

Community Members may browse the public directory without creating an account.

Providers must create an account and complete the provider application process before their profile can be published.

Providers must:

  • Be appropriately licensed to provide the professional services they advertise;
  • Maintain an active and valid professional license;
  • Provide accurate licensing information;
  • Comply with all applicable federal, state, and local laws and regulations;
  • Practice within the scope of their professional license;
  • Comply with the rules and ethical requirements of the professional licensing boards and authorities applicable to their practice; and
  • Meet BMHM's eligibility requirements for participation in the directory.

Bengali/Bangla Directory Eligibility

The directory is intended for mental health providers who either:

  • Have ancestry from the Bengal region, including Bangladesh and the Indian state of West Bengal; or
  • Have fluency in Bangla/Bengali.

The purpose of this criterion is to help community members identify providers who may share or understand relevant cultural or linguistic backgrounds.

BMHM does not represent that it independently verifies a Provider's ancestry, ethnicity, cultural identity, or language fluency. Providers are responsible for accurately representing their own background, language abilities, and qualifications.

3. Provider Licensure

BMHM currently accepts licensed mental health professionals, including, as applicable:

  • Psychologists;
  • Licensed clinical social workers;
  • Licensed mental health counselors;
  • Licensed professional counselors;
  • Marriage and family therapists;
  • Psychiatrists;
  • Psychiatric nurse practitioners;
  • Licensed addiction and substance-use professionals; and
  • Other appropriately licensed mental health professionals accepted by BMHM.

Providers who advertise that they serve clients in a particular U.S. state represent and warrant that they are appropriately licensed or otherwise legally authorized to provide the services they advertise in that state.

Providers are responsible for determining where they may legally provide services, including services delivered through telehealth or other remote means.

Providers must promptly update their BMHM profile if their license:

  • Expires;
  • Is suspended, revoked, restricted, or otherwise materially changed;
  • Is placed on inactive status;
  • Is subject to a material disciplinary action; or
  • Otherwise changes in a way that could affect the accuracy of their directory listing.

4. Provider Application and Approval

Submitting an application does not guarantee acceptance into the directory.

BMHM reviews Provider applications before publishing a Provider profile. As part of this process, BMHM may review information submitted by the Provider and may verify license information using publicly available state licensing-board or regulatory databases.

BMHM's review is intended to determine whether a Provider meets BMHM's directory eligibility requirements. It is not a comprehensive background check, professional credentialing process, clinical quality review, or accreditation process.

Verification of a license does not mean that BMHM:

  • Endorses the Provider;
  • Guarantees the Provider's qualifications or competence;
  • Guarantees the quality of the Provider's services;
  • Approves the Provider's treatment methods;
  • Has reviewed the Provider's clinical work;
  • Has reviewed the Provider's disciplinary history beyond information BMHM chooses to consider; or
  • Guarantees that the Provider is appropriate for any particular individual.

BMHM reserves the right to request additional information during the approval process and to approve or reject an application at its discretion.

5. Provider Profiles

Approved Providers may create and maintain profiles containing information such as:

  • Name;
  • Professional credentials;
  • Professional licenses;
  • Biography;
  • Profile photograph;
  • Specialties;
  • Treatment approaches;
  • Populations served;
  • Modalities;
  • Languages;
  • Insurance accepted;
  • Fees;
  • Sliding-scale availability;
  • Practice location;
  • Service area;
  • Telehealth or hybrid services;
  • Contact information;
  • Professional website or other permitted links; and
  • Other information requested by BMHM.

Providers are solely responsible for ensuring that all information they submit is accurate, current, lawful, and not misleading.

  • Providers must personally provide the services represented in their profile, including insurance plan, location, population served, specialty, or other directory attribute.
  • Providers cannot use their BMHM profile primarily to redirect people to another provider, clinic, agency, or call center.
  • Providers must accurately represent whether they are accepting new clients.
  • Providers must accurately distinguish in-person, telehealth, and hybrid services.
  • Providers must have the rights necessary to use their profile photo and other uploaded materials.
  • Providers cannot make misleading claims about credentials, specialties, outcomes, fees, insurance, or availability.

Providers must promptly update their profile when information becomes inaccurate or outdated.

6. No Endorsement or Recommendation

A Provider's inclusion in the BMHM directory does not constitute an endorsement, recommendation, referral, certification, accreditation, or guarantee by BMHM.

BMHM does not endorse or recommend any particular Provider, practice, treatment approach, modality, diagnosis, medication, insurance arrangement, fee structure, or other professional service.

Directory placement does not indicate that BMHM considers one Provider more qualified, more effective, more culturally competent, or more appropriate than another Provider.

Community Members are responsible for independently evaluating Providers and determining whether a particular Provider is appropriate for their individual needs.

7. Directory Search and Ranking

Community Members may search and filter Providers using information and categories available through the directory. These may include, depending on the features available at a particular time:

  • Location or service area;
  • Languages spoken;
  • Insurance plans or insurance networks;
  • Populations or communities served;
  • Areas of practice or specialties;
  • Treatment approaches or modalities;
  • Telehealth or in-person availability;
  • Fees or sliding-scale availability; and
  • Other characteristics or services identified in Provider profiles.

Search results are intended to help Community Members identify Providers whose self-reported profile information may correspond to the criteria selected by the Community Member.

A Provider appearing in search results because of a selected filter does not mean that BMHM has determined that the Provider is appropriate for the Community Member's individual needs, clinically suitable, more qualified than another Provider, or endorsed or recommended by BMHM.

Information used for Directory filters is based primarily on information provided by Providers and may change over time. BMHM does not guarantee that Provider information, including information concerning insurance participation, location, language ability, populations served, availability, specialties, or fees, will always be accurate or current.

Community Members should independently confirm relevant information directly with the Provider before relying on it, including whether the Provider is accepting new clients, whether the Provider can legally provide services in the Community Member's location, whether the Provider accepts the Community Member's specific insurance plan, and whether the Provider's services are appropriate for the Community Member's needs.

Insurance participation information may change. Community Members should independently confirm coverage, network status, deductibles, copayments, and other insurance requirements directly with the Provider and their insurance plan before receiving services.

Directory results may be displayed in an order determined by the Directory's available search and sorting functionality. Results may be influenced by the Community Member's selected filters, search terms, geographic or service-area information, profile information, profile completeness, or other operational factors.

BMHM does not sell preferential placement in search results and does not offer Providers the ability to pay for higher ranking, featured placement, sponsored placement, or other preferential visibility, unless BMHM clearly discloses otherwise in the future.

The order or appearance of Providers in search results does not constitute a ranking of Providers based on clinical quality, professional competence, cultural competence, effectiveness, qualifications, or suitability. A Provider's membership level does not determine whether the Provider is clinically superior, more qualified, more effective, or more appropriate than another Provider.

8. Provider Membership Plans

Approved Providers may participate in the directory through one of the membership plans offered by BMHM:

  • Monthly Plan: $22 per month; or
  • Annual Plan: $200 per year.

Pricing is subject to change as described in these Terms.

Providers select their preferred plan during the registration process and provide payment information through BMHM's payment processor, currently Stripe.

BMHM does not begin charging a Provider while the Provider's application is pending review.

The first membership charge is attempted only after the Provider's profile has been approved and the applicable free trial period has ended, unless otherwise disclosed during enrollment.

9. Free Trial

Approved Providers receive a one-month free trial beginning when their Provider profile is approved. No membership charge is made while the Provider's application is under review.

Providers who provide payment information during registration authorize BMHM, through its payment processor, to charge the applicable membership fee after the free trial ends unless the membership is cancelled in accordance with these Terms.

The free trial is available only as described during the Provider's enrollment process and may be limited, withdrawn, or modified by BMHM as permitted by law.

BMHM reserves the right to limit the number of free trials available to a person, practice, account, or other entity.

10. Automatic Renewal

Unless cancelled, paid memberships renew automatically according to the billing frequency selected by the Provider.

A monthly membership renews monthly.

An annual membership renews annually.

The payment method saved during enrollment or subsequently updated by the Provider will be charged the applicable renewal amount.

Before or at enrollment, BMHM will provide the applicable information concerning recurring charges, renewal terms, and cancellation procedures as required by applicable law.

Providers are responsible for maintaining a valid payment method and reviewing their membership status.

11. Cancellation

Providers may cancel an active membership through their account dashboard or by contacting BMHM using the contact information provided below.

Unless otherwise required by applicable law, cancellation stops future renewal charges but does not automatically entitle a Provider to a refund of amounts already charged.

If a Provider cancels during a free trial, the Provider will not be charged for the membership period following the trial, provided the cancellation is completed before the trial ends.

BMHM may establish additional cancellation procedures consistent with applicable law.

12. Refunds

Membership fees are generally non-refundable except where required by law or where BMHM expressly determines otherwise.

If BMHM removes or suspends a Provider's listing because of a violation of these Terms, the Community Guidelines, inaccurate or misleading information, or other conduct that BMHM determines makes the Provider ineligible for continued participation, the Provider is not entitled to a refund of previously paid membership fees.

BMHM may, but is not required to, provide a refund or credit in other circumstances.

13. Provider Responsibilities

Providers are solely responsible for their professional practices and relationships with clients and prospective clients.

Providers are responsible for:

  • Maintaining appropriate licensure;
  • Practicing within the scope of their license;
  • Following applicable professional ethics and licensing-board requirements;
  • Complying with applicable laws and regulations;
  • Complying with applicable telehealth requirements;
  • Maintaining appropriate professional liability or malpractice coverage where required or appropriate;
  • Providing accurate information in their BMHM profile;
  • Maintaining account credentials and promptly reporting unauthorized account access;
  • Responding appropriately to inquiries from prospective clients;
  • Establishing their own fees, policies, informed-consent procedures, and professional relationships;
  • Maintaining the confidentiality and privacy of their clients as required by applicable law and professional obligations;
  • Determining whether they are clinically and professionally able to accept a particular client;
  • Determining whether they may legally provide services to a person based on the person's location and other applicable requirements; and
  • Handling complaints, professional conduct matters, and licensing issues through the appropriate professional or governmental authorities.

BMHM does not supervise, direct, control, or participate in the clinical care provided by any Provider.

14. Provider Professional Conduct

Providers agree to comply with the ethical and professional requirements applicable to their profession and jurisdiction.

Nothing in these Terms replaces or supersedes a Provider's obligations under applicable law, professional licensing rules, ethical codes, or regulatory requirements.

BMHM is not a professional licensing board, clinical regulator, malpractice tribunal, or governmental authority.

If a Community Member has a concern regarding a Provider's professional conduct, unlawful practice, licensing violations, abuse, neglect, or another matter within the jurisdiction of a governmental or professional regulatory authority, individuals may report the matter directly to the appropriate authority.

BMHM may separately suspend or remove the Provider's directory listing or participation in the community if BMHM determines that continued listing is inconsistent with these Terms, the Community Guidelines, directory eligibility requirements, or the interests of the BMHM community, regardless of whether a regulatory authority takes action. BMHM's decision to suspend or remove a Provider does not constitute a finding that the Provider violated professional rules or applicable law.

15. Suspension or Removal of Provider Listings

BMHM reserves the right to reject, suspend, restrict, or remove a Provider profile at any time if BMHM determines that:

  • The Provider does not meet directory eligibility requirements;
  • Information submitted by the Provider is false, misleading, incomplete, or materially inaccurate;
  • The Provider's license cannot be verified or appears to be inactive or invalid;
  • The Provider violates these Terms;
  • The Provider violates BMHM's Community Guidelines;
  • The Provider engages in conduct that BMHM reasonably determines is inconsistent with the purpose or values of the directory;
  • The Provider misuses the directory or professional community;
  • Continued listing could reasonably harm the integrity or safety of the BMHM community; or
  • Removal is otherwise appropriate to protect BMHM, Community Members, Providers, or the operation of the Services.

BMHM is not required to determine whether a Provider has committed professional misconduct before removing or suspending a listing.

Removal of a listing by BMHM does not constitute a determination that the Provider has violated professional licensing rules or committed professional misconduct.

Where appropriate, professional complaints should be directed to the relevant licensing board or regulatory authority.

16. Community Member Use of the Directory

Community Members may browse the directory without creating an account.

Community Members are responsible for independently evaluating Providers and deciding whether to contact or engage a Provider.
Community Members are responsible for independently verifying licensure, insurance coverage, fees, availability, and other information directly with the Provider.

Information contained in Provider profiles is provided by Providers and may change over time.

17. Contacting Providers

The directory may allow Community Members to contact Providers through an "Email Me" or similar contact function.

When a Community Member submits a contact form, the information provided may be transmitted directly to the Provider by email.

BMHM does not guarantee that a Provider will receive, read, or respond to a message.

Submitting a message through the directory does not create a therapist-client, doctor-patient, counselor-client, or other professional relationship.

Community Members should not use the contact form to request emergency assistance or immediate mental health care.

Please Do Not Submit Sensitive Health Information

Community Members should avoid including sensitive medical, psychiatric, therapeutic, diagnostic, medication, or other confidential health information in an initial directory inquiry through the contact form or email.

Community Members should provide only the information reasonably necessary to help the Provider determine whether to respond.

If a Community Member chooses to disclose sensitive information through the contact form, the Community Member acknowledges that ordinary email and internet communications may not be appropriate for transmitting highly sensitive health information.

BMHM does not provide medical-record or secure clinical-messaging services through the directory.

18. Emergency and Crisis Situations

The BMHM website and Provider Directory are not emergency or crisis services.

Do not use the directory, Provider contact form, or email function to seek immediate assistance for a mental health emergency.

If you or another person is in immediate danger, call 911 or go to the nearest emergency department.

In the United States, you may also call or text 988 to reach the Suicide & Crisis Lifeline.

19. No Mental Health Advice

Information available through the BMHM website and directory is provided for general informational and community-resource purposes.

Nothing on the website constitutes:

  • Medical advice;
  • Mental health advice;
  • Diagnosis;
  • Treatment;
  • A clinical recommendation;
  • A professional referral;
  • A substitute for professional care; or
  • A guarantee that a particular Provider or service is appropriate for you.

20. Community Guidelines

BMHM seeks to create community spaces that promote mental well-being, inclusion, cultural understanding, and collective healing.

All Providers and Community Members using BMHM's community-related Services agree to respect the BMHM Community Guidelines, which are incorporated into these Terms by reference.

Enforcement

BMHM may remove content, restrict access, suspend participation, or remove a Provider listing or community participant when BMHM determines that conduct is inconsistent with these Terms or the Community Guidelines.

BMHM may take action even when conduct does not constitute unlawful conduct.

21. Google Group and Professional Community

Approved Providers may have the opportunity to participate in a BMHM-managed Google Group for professional networking and community-building.

Participation in the Google Group is included with an active Provider membership, subject to BMHM's policies and the Google Group's applicable rules.

Providers may elect to join the Google Group during the application process. If a Provider opts in and is approved for the directory, BMHM may manually add the Provider to the Google Group.

Participation in the Google Group is optional. Providers may leave the group at any time.

BMHM may remove a Provider from the Google Group for violations of applicable rules, these Terms, the Community Guidelines, or other conduct that BMHM determines is inconsistent with the purpose of the professional community.

Participation in the Google Group is subject to Google's own terms, policies, and technical practices.

22. Provider Content and Intellectual Property

Providers retain ownership of original content they submit to BMHM, including their biographies, photographs, descriptions, and other original materials ("Provider Content"), subject to any rights held by third parties.

By submitting Provider Content, the Provider grants BMHM a non-exclusive, worldwide, royalty-free license to host, reproduce, display, format, modify as technically necessary, and distribute the Provider Content for purposes of operating, maintaining, promoting, and administering the Provider Directory and BMHM's related Services.

Providers also grant BMHM the right to edit formatting, resize images, correct obvious typographical errors, or remove content that violates the Terms/Guidelines.

This license continues for so long as reasonably necessary to operate the Services and may continue for archival, legal, backup, and recordkeeping purposes after a listing is removed.

Providers represent that they have the rights necessary to submit and authorize BMHM to use their Provider Content.

BMHM owns all rights in and to its website, directory structure, software, design, branding, logos, trademarks, Community Guidelines, original written materials, and other BMHM-owned content, except for Provider Content and third-party materials.

Providers may not copy, reproduce, modify, distribute, or commercially exploit BMHM's proprietary materials without BMHM's written permission.

23. Prohibited Uses

Users may not use the Services to:

  • Provide false or misleading information;
  • Impersonate another Provider;
  • Create a fake Provider profile;
  • Copy profiles for another directory;
  • Use directory information to solicit or target Community Members;
  • Misrepresent professional credentials or licensure;
  • Harass, threaten, intimidate, or discriminate against another person;
  • Submit malicious or abusive communications;
  • Attempt to obtain another person's confidential information;
  • Use the directory to collect information about Community Members for unauthorized purposes;
  • Scrape, harvest, copy, or systematically collect directory information without BMHM's permission;
  • Use directory information to send unsolicited commercial communications;
  • Upload malicious software or harmful code;
  • Interfere with the operation or security of the website;
  • Circumvent access controls or security measures;
  • Use the Services for unlawful purposes; or
  • Otherwise misuse the Services in a manner inconsistent with these Terms or BMHM's mission.

24. Privacy

BMHM recognizes the importance of protecting personal information.

BMHM's collection, use, disclosure, retention, and protection of personal information are described in the separate BMHM Privacy Policy, which governs privacy practices and is incorporated into these Terms by reference.

The Privacy Policy will explain, among other things, information collected through Provider applications, accounts, directory contact forms, website usage, payment processing, and other Services.

Privacy Policy: Privacy Policy

Providers and Community Members should review the Privacy Policy before using the Services.

25. Payment Processing

Payments for Provider memberships are processed by Stripe or another payment processor designated by BMHM.

BMHM does not directly receive or store complete payment-card information where that information is processed by the payment processor.

Payment transactions may be subject to the payment processor's own terms and privacy practices.

Providers authorize the applicable payment processor to process charges associated with their selected membership plan.

26. Third-Party Services and Links

The Services may contain links to third-party websites, services, or resources, including Provider websites, Google services, payment services, and other external resources.

BMHM does not control and is not responsible for third-party websites, services, content, privacy practices, security practices, or availability.

A link to a third-party service does not constitute an endorsement or recommendation by BMHM.

27. Accessibility

BMHM is committed to making its website and Services accessible to as many people as reasonably possible.

We strive to design and maintain the website in a manner that supports accessibility and usability for people with disabilities. However, BMHM does not guarantee that every portion of the website, directory, third-party service, document, feature, or content will be accessible to every person or compatible with every assistive technology or device.

Third-party services and websites linked through the Services may have their own accessibility practices and limitations, for which BMHM is not responsible.

If you encounter an accessibility barrier while using the Services, please contact BMHM using the contact information provided below. BMHM will consider reasonable requests for assistance or alternative access where practicable.

28. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BMHM WEBSITE, PROVIDER DIRECTORY, PROVIDER PROFILES, COMMUNITY FEATURES, GOOGLE GROUP, AND OTHER SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

BMHM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, OR SUITABILITY FOR ANY PARTICULAR PURPOSE, EXCEPT TO THE EXTENT THAT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.

BMHM DOES NOT WARRANT THAT:

  • The Services will be continuously available, uninterrupted, secure, or error-free;
  • Information appearing in the Services will always be accurate, complete, current, or reliable;
  • Provider profiles or other content will remain available or unchanged;
  • Communications submitted through the Services will be delivered, received, or responded to;
  • The Services will meet a particular user's needs;
  • The Services will be free from viruses, malware, or other harmful components; or
  • Any particular result will be obtained through use of the Services.

BMHM may rely on information supplied by Providers and other third parties and does not independently verify every statement, representation, credential, service description, or other item of information appearing in the Services.

Nothing in this section is intended to exclude or limit any warranty, representation, or right that cannot legally be excluded or limited under applicable law.

29. No Control Over Provider Services

BMHM operates the Provider Directory as an informational and connection resource. Providers are independent professionals who are solely responsible for the professional services they provide.

BMHM does not control, direct, supervise, or participate in a Provider's clinical services, professional judgment, treatment decisions, business practices, communications, fees, availability, scheduling, insurance arrangements, or relationships with clients or prospective clients.

Any decision to contact, interview, retain, or receive services from a Provider is made independently by the Community Member and the Provider.

BMHM is not responsible for the acts or omissions of a Provider, including a Provider's professional services, treatment decisions, communications, billing practices, scheduling, cancellation policies, or interactions with clients or prospective clients, except to the extent responsibility cannot legally be excluded.

A Provider's inclusion in the Directory does not create a fiduciary, agency, employment, partnership, joint-venture, supervisory, clinical, or other professional relationship between BMHM and the Provider.

Nothing in these Terms prevents BMHM from taking action concerning a Provider's participation in the Directory or BMHM community when permitted under these Terms, the Community Guidelines, or applicable law.

30. Limitation of Liability

Limitation of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BMHM AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

  • Your access to or use of, or inability to access or use, the Services;
  • Your reliance on information contained in the Services;
  • Your interaction or attempted interaction with a Provider or Community Member;
  • Any professional services provided by a Provider;
  • Any communication between a Community Member and a Provider;
  • Any unauthorized access to or alteration of information;
  • Any interruption, suspension, termination, or unavailability of the Services;
  • Any third-party website, service, product, or content; or
  • Any other matter relating to the Services.

These limitations apply regardless of the legal theory on which a claim is based, including contract, tort, negligence, strict liability, warranty, or otherwise, even if BMHM has been advised of the possibility of such damages.

Maximum Aggregate Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BMHM'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED the following amounts:

Community Members and Other Non-Paying Users: One hundred dollars ($100.00) in the aggregate.

Providers with Paid Memberships: The total membership fees attributable to the six (6) months immediately preceding the event giving rise to the claim. For Providers on annual plans, the applicable monthly equivalent will be calculated by dividing the actual annual membership fee paid by twelve (12) and multiplying that amount by six (6), or by the shorter applicable period if the Provider has maintained a paid membership for less than six (6) months.

Exceptions. Nothing in this Section excludes or limits any liability that cannot legally be excluded or limited under applicable law, including liability for gross negligence, willful misconduct, or fraudulent misrepresentation to the extent such liability cannot lawfully be excluded or limited.

31. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless BMHM and its directors, officers, employees, volunteers, agents, contractors, and service providers from and against claims, liabilities, damages, losses, judgments, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

  • Your violation of these Terms or the Community Guidelines;
  • Your violation of applicable law or regulation;
  • Your misuse of the Services;
  • Information, content, or materials that you submit to BMHM;
  • Your infringement or violation of another person's intellectual property, privacy, publicity, or other rights; or
  • Your conduct in connection with the Services.

This indemnification obligation does not require you to indemnify BMHM for claims to the extent caused by BMHM's own conduct where such indemnification would be prohibited by applicable law.

BMHM reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate reasonably with BMHM in the defense of such claims.

32. Third-Party Services

The Services may rely on or integrate with third-party services, including payment processors, email services, hosting providers, analytics services, authentication services, Google services, and other technology providers.

Your use of a third-party service may be subject to that third party's own terms, policies, and privacy practices.

BMHM does not control third-party services and does not guarantee their availability, security, accuracy, or functionality.

BMHM is not responsible for losses, damages, or disputes arising from your use of a third-party service, except to the extent otherwise required by applicable law.

33. Provider-Community Member Relationships

BMHM is not a party to any agreement, treatment relationship, professional relationship, employment relationship, or other relationship formed between a Provider and a Community Member.

Providers and Community Members are independently responsible for any relationship they establish with one another.

Providers are responsible for determining whether and how they can ethically, clinically, and legally provide services to a particular individual.

Community Members are responsible for evaluating Providers and deciding whether to seek services from them.

BMHM does not participate in or supervise communications, consultations, intake processes, treatment, billing, informed consent, diagnosis, treatment planning, or termination of professional relationships between Providers and Community Members.

34. User Communications and Feedback

If you voluntarily provide BMHM with suggestions, comments, feedback, ideas, or other communications regarding the Services, BMHM may use that information for purposes including improving, maintaining, developing, or promoting the Services.

Unless otherwise agreed in writing, you grant BMHM a non-exclusive, worldwide, royalty-free right to use, reproduce, modify, and incorporate such feedback into BMHM's Services without compensation or attribution.

This section does not give BMHM ownership of confidential information or personal information except as otherwise described in the Privacy Policy or expressly agreed by you.

35. Changes to the Services

BMHM may modify, suspend, discontinue, restrict, or remove all or any portion of the Services at any time.

This may include changes to:

  • The Provider Directory;
  • Provider profile features;
  • Search and filtering functions;
  • Community features;
  • The Google Group;
  • Provider membership plans;
  • Free trials;
  • Pricing;
  • Payment methods;
  • Contact features;
  • Website content; or
  • Other features or functionality.

BMHM does not guarantee that any particular feature or Service will remain available.

Where required by applicable law, BMHM will provide appropriate notice of material changes to paid membership terms, pricing, or recurring charges.

36. Changes to These Terms

BMHM may update or revise these Terms from time to time.

When BMHM makes changes, the revised Terms will be posted on the website with an updated effective or last-updated date.

Unless a different effective date is stated, revised Terms will become effective when posted.

If a change materially affects Providers' paid membership obligations, recurring charges, cancellation rights, or other legally required disclosures, BMHM will provide any notice required by applicable law.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.

If you do not agree to revised Terms, you should stop using the Services and, if you are a Provider, cancel your membership in accordance with the applicable cancellation procedures.

37. Termination

BMHM may suspend or terminate a user's access to some or all Services when permitted under these Terms, the Community Guidelines, applicable law, or other policies governing the Services.

For Providers, suspension or removal of a Provider listing is addressed separately in Section 15. BMHM may also suspend or terminate a Provider's access to other Services, including account access or professional community features, when appropriate.

Community Members may stop using the Services at any time.

Providers may cancel their memberships as described in Section 11.

Upon suspension, termination, or cancellation:

  • The user's right to access or use the applicable Services may end;
  • A Provider's profile may be removed from the Directory or become unavailable;
  • A Provider's access to BMHM professional community features may end;
  • Future recurring membership charges will cease in accordance with the applicable cancellation terms; and
  • Provisions that by their nature should survive termination will remain in effect.

Termination or cancellation does not automatically erase information that BMHM is required or permitted to retain under applicable law, the Privacy Policy, legitimate record-keeping requirements, or other lawful purposes.

38. Governing Law and Venue

These Terms and any dispute arising out of or relating to the Services or these Terms will be governed by the laws of the State of New York, without regard to conflict-of-law principles, except to the extent federal law or another applicable law requires otherwise.

To the extent permitted by applicable law, any legal action or proceeding arising out of or relating to these Terms or the Services will be brought in a state or federal court located in New York County, New York, and you consent to the jurisdiction and venue of those courts.

Nothing in this section prevents BMHM from seeking emergency or equitable relief in another court when necessary to protect its rights, property, confidential information, intellectual property, or the integrity or security of its Services.

39. No Waiver

BMHM's failure to enforce any provision of these Terms does not constitute a waiver of that provision or BMHM's right to enforce it in the future.

Any waiver must be made in writing by an authorized representative of BMHM to be effective.

40. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law or, if necessary, severed from these Terms.

The remaining provisions will continue in full force and effect.

41. Entire Agreement

These Terms, together with the Privacy Policy, Community Guidelines, and any other policies or agreements expressly incorporated by reference, constitute the agreement between you and BMHM concerning your use of the Services, except to the extent that a separate written agreement expressly applies.

These Terms supersede prior or contemporaneous understandings concerning the same subject matter, except where BMHM has expressly entered into a separate written agreement that states otherwise.

If there is a conflict between these Terms and a separate written agreement between BMHM and a Provider, the separate written agreement will control with respect to the subject matter specifically addressed by that agreement.

42. No Agency or Partnership

Your use of the Services does not create an agency, partnership, joint venture, employment, fiduciary, franchise, or other relationship between you and BMHM.

Providers are independent professionals and are not employees, agents, representatives, or contractors of BMHM merely because they participate in the Provider Directory or BMHM's professional community.

Providers may not represent that they are acting on behalf of BMHM or have authority to bind BMHM unless BMHM has expressly authorized them to do so in writing.

43. Assignment

You may not assign or transfer your rights or obligations under these Terms without BMHM's prior written consent, except where such restriction is prohibited by applicable law.

BMHM may assign or transfer these Terms, or its rights and obligations under these Terms, in connection with a merger, reorganization, restructuring, transfer of assets, or other transaction involving BMHM or the Services, to the extent permitted by applicable law.

44. Notices and Communications

BMHM may provide notices concerning the Services or these Terms by posting notices on the website, sending communications to an email address associated with an account, displaying notices within a Provider dashboard, or using another reasonable method.

Providers are responsible for maintaining accurate contact information associated with their accounts.

Notices to BMHM should be sent using the contact information provided below.

45. Reporting Concerns

Community Members and Providers may report concerns relating to the Provider Directory, community participation, suspected violations of these Terms or the Community Guidelines, inaccurate Provider information, or other concerns to BMHM using the contact information provided below.

BMHM may review reports in its discretion and may take action it considers appropriate, including requesting additional information, contacting a Provider, modifying or removing content, restricting access, suspending participation, or removing a Provider listing.

BMHM does not guarantee that every report will result in an investigation, response, or particular action.

Nothing in this section prevents an individual from contacting an appropriate licensing board, governmental agency, law-enforcement agency, emergency service, or other authority where appropriate.

46. Intellectual Property and Copyright Concerns

BMHM respects intellectual property rights and expects users of the Services to do the same.

If you believe that content appearing on the Services infringes your copyright or other intellectual property rights, you may contact BMHM with information reasonably sufficient to identify the allegedly infringing material and the basis for your claim.

BMHM may remove or restrict access to content that it reasonably believes may violate applicable law or another person's rights.

Nothing in these Terms grants users a license to BMHM's trademarks, logos, branding, website design, directory structure, or other proprietary materials except as expressly permitted in writing.

47. Children and Minors

The Services are intended primarily for adults seeking information about mental health providers and for licensed or otherwise appropriately qualified professionals.

Individuals under the age of 18 should use the Services with the involvement of a parent, legal guardian, or other responsible adult where appropriate.

Providers are solely responsible for determining whether and how they may lawfully provide services to minors, including compliance with applicable consent, confidentiality, licensing, telehealth, and professional requirements.

BMHM does not provide mental health services to minors through the website or directory.

48. Survival

Any provisions that by their nature should survive termination or expiration of these Terms will survive, including provisions concerning intellectual property, Provider Content, disclaimers, limitations of liability, indemnification, governing law, dispute-related provisions, and other provisions that are intended to remain effective after termination.

49. Contact Information

Questions concerning these Terms, the Provider Directory, membership, accessibility, or other Services may be directed to:

Bengali Mental Health Movement, Inc.
bengalimhmovement@gmail.com
bmhmnyc.org

Effective Date: October 9, 2026

Last Updated: October 9, 2026