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DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES.
You hereby certify that you are (i) over the age of eighteen (18), and (ii) physically located or a resident of the State you have chosen as your current residency when creating your Account. You agree to provide your personal contact information and emergency contact information (“Contact Information”) to your Therapist to be used in case of a mental health or other crisis. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of your age, residence and Contact Information, and that the therapists you access (“Therapist(s)”) are relying upon this certification in order to interact with you.
Other than information received directly by you from a Therapist, the Content may not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. The Company does not represent or warrant that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, Company does not recommend or endorse any specific tests, providers, medications, products or procedures.
To access the Service, you must first enroll to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account, nor create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for Therapists to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Clinical Administration team; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, Company reserves the right to transition your treatment to another Therapist off the platform and refuse any future request(s) to use the Company Service. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. Company will not be liable for any loss that you incur as a result of someone else using your Account, either with or without your knowledge.
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Company nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.
Payment for use of the Service is used to compensate Company for its software development, overhead, administrative services and other costs and fees. The Therapists do not pay for use of the Service. Part of your payment, accounted for separately, is remitted to the Therapist for the clinical services provided to you. Company does not participate, split or take a percentage of this part of the payment. Company is not a provider of any medical or therapy services. You agree to pay all fees and charges associated with your Account on a timely basis and according to the fee schedule, the terms and the rates as published by Company from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged on the credit card provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account. By providing Company with credit card information you authorize Company to bill and charge your credit card.
Company does not employ the Therapists matched through the Service. The Therapists are independent contractors. Company assumes no responsibility for the quality of the therapeutic services a Therapist provides, nor any act, omission or wrongdoing of any Therapist. While Company will help you match with a Therapist, help you find a new Therapist if the match is unsuccessful and follow up on any complaints about your current Therapist, Company makes no representation or warranty whatsoever as to whether you will find the Therapist’s services relevant, useful, correct, satisfactory or suitable to your needs.
Company performs a background check and reviews malpractice insurance and applicable licensure prior to allowing each Therapist to participate in the Service. The Company matches you to a Therapist based on the Therapist’s experience, state of licensure, specialties, and any of your specific requests. A Therapist will be excluded from participation in the Service if Company receives notice that such Therapist has engaged in certain illegal, unauthorized, unprofessional or unethical activity, has failed to continue sufficient malpractice insurance, fails to maintain applicable licenses or certificates, or otherwise breaches any agreement between Therapist and Company. Company cannot and does not guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence, or background of any Therapist, as documents presented to Company, third party credentialing services and other State Boards may be inaccurate. Your relationship relating to the therapist services is strictly with the Therapist. Company is not involved with the substance of that relationship and does not validate or control any of the Therapist services. You are advised to exercise a high level of care and caution in the use of the Service. You agree, confirm and acknowledge that you are aware of the fact that in some cases, the care offered through the Service may not be a full and complete substitute for a face-to-face session by a licensed Therapist. You should never rely on or make health or well-being decisions purely on use of Service. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare therapist, or by traditional face-to-face appointment because of information or advice you received through Service.
All of the content available on or through the Service is the property of Company or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation from the Service is the copyrighted work of Company or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.
The access granted herein does not permit you, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES COMPANY MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
Limitations of Liability
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL COMPANY, ANY COMPANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF COMPANY OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by Company, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to Company. Company does not endorse the content on any third-party websites. Company is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. Company does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
The Service is designed for and intended for users in the United States. Company makes no representation that the information and services provided on the Service are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Service from territories where the content is illegal is prohibited. If you choose to access the site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
Company may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Company has the right, but not the obligation, to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Company reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.
You affirmatively consent to the fact that a licensed clinician from Company's Clinical Administration team will, as needed, review session transcripts for the following purposes:
During your on-boarding and during the Therapist matching process to ascertain you are able to successfully engage with Therapist;
To review your complaint about a Therapist;
For your safety concerns or complaints of unethical Therapist practices;
To transition you to a new Therapist or if your account is non-responsive or inactive for an extended period of time; or
For your quality assurance concerns.
You consent to Company using "Meta Data" and other search terms to scan de-identified transcripts to search for trends and patterns that may affect the quality of service to you or the practices of the Therapists. If your particular complaint requires review of session transcripts in the original form, you consent that a licensed clinician from the Clinical Administration team may access your account only to respond to your particular complaint or raised issue.
You Consent that Company may record your calls to Customer Service to assure quality assurance. You consent that Company may record transcripts of all communication with the Clinical Administration team to assure quality assurance.
You affirmatively grant Company permission to have your Therapist periodically provide non content based clinical assessments of your progress to Company. You understand that the platform provides the Therapists clinical assessments tools that serve to provide information on your mental health and well-being; and that results can be seen by your Therapist to discuss with you.
All de-identified data, meta-data and research data collected by Company through your use the Service remains the sole property of Company. You shall not request Company remove or delete any of such data. You agree that the email username you provide can be used by Company to send you marketing offers from the Platform.
Any dispute or claim relating in any way to your use of the Service will be resolved by binding confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms.
It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Company and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms are governed by the laws of the State of New York, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the New York courts in Monroe County, New York. Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Company may be delivered by electronic mail to the address provided during the creation of your Account. These Terms constitute the entire agreement between Company and yourself regarding the Service, and supersede and replace any prior agreements you and Company might have regarding the Service. Company may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
This Agreement notice was last updated on February 12, 2018 and is deemed effective as of this date.