TERMS OF USE OF Therappy.online

This Agreement sets and contains all of the terms and conditions between You as a Client of Therappy.online ("Client") and Therappy.online, LLC. and therappy.online ("Therappy.online"). Therappy.online reserves the right to change these Terms of Use from time to time as it deems necessary, and will post such changes and their effective date within the current Terms of Use on this website with notice to the Client by email or post within the Client space with a link to the new Terms of Use. If you do not agree with the revised Terms of Use, then you may chose not to renew your subscription under the revised Terms of Use.

Thank you for choosing Therappy.online. By registering on this site or otherwise using the Therappy.online website and/or mobile applications, (the "Services"), or accessing any content or material that is made available by Therappy.online, You, as a Client, are entering into a binding contract with Therappy.online. As a Client on Therappy.online, working with one of our Independent Practitioners, You acknowledge that you have read and understood this Agreement and agree to be bound by it. If you don't agree with (or cannot comply with) this Agreement, please do not complete a registration on Therappy.online.

Please read this Agreement thoroughly. The Agreement include information about future amendments to the Agreement, a class action waiver, and resolution of disputes by arbitration instead of in a courtroom setting.

Fell free to browse the Therappy.online site for information. However, please do not attempt to copy, distribute, modify, transmit or revise the contents of this site without written permission from Therappy.online. Therappy.online and its Terms of Use are available via multiple mobile devices platforms and the website Therappy.online. Neither title nor intellectual property rights are transferred to any third party through the use or access to Therappy.online; rather, all rights, title, and interest in and to all aspects of this site remain the sole property of Therappy.online.

Therappy.online IS A SOFTWARE COMPANY THAT BUILT A PLATFORM TO OFFER ITS CLIENTS THE ABILITY TO MATCH THEIR CONCERNS AND ISSUES TO THE BEST SUITED PRACTITIONER WITH THE PROPER SKILL SET AND BACKGROUND AND ALLOW FOR COMMUNICATION WITH THAT PRACTITIONER USING MOBILE DEVICES AND OTHER ON-LINE DIGITAL MEANS. Therappy.online DOES NOT OFFER THERAPY SERVICES DIRECTLY TO CLIENTS.

DISCLAIMER OF MEDICAL LIABILITY

THE PLATFORM IS NOT INTENDED FOR MEDICAL DIAGNOSIS OR DRUG PRESCRIPTION OR ADVICE CONCERNING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.

Therappy.online does not employ the Practitioners matched through this site. Practitioners act as INDEPENDENT CONTRACTORS to Therappy.online. Therappy.online carefully screens Practitioner applicants. We use particularly careful screening methods for mental health Practitioners, using licensed professional in the Therapy field and insist on evidence of the applicant's credentials. The Practitioners are neither our employees nor agents nor representatives. Furthermore, we assume no responsibility for any act, omission or wrongdoing of any Practitioner. While the site will help Client match with a Practitioner and will help Client find a new Practitioner if the match is unsuccessful, the Site makes no representation or warranty whatsoever as to whether you will find the Services relevant, useful, correct, satisfactory or suitable to your needs.

Therappy.online PROMOTES INFORMED CONSENT. THE RISKS AND BENEFITS OF USING REMOTE DIGITAL DEVICES FOR THERAPY SERVICES ARE LISTED THROUGHOUT THE WEBSITE AND SHOULD BE DISCUSSED WITH YOU BY YOUR INDIVIDUAL PRACTITIONER. IF THEY DO NOT OR YOU WOULD LIKE FURTHER INFORMATION IT IS YOUR RESPONSIBILITY TO REACH OUT TO THE Therappy.online HELP DESK.

While Therappy.online does research and verify certain documents of the Practitioners practicing through the Therappy.online technology, we do not guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence or background of any Practitioner. Client's relationship relating to the Practitioner services is strictly with the Practitioner. Therappy.online is not involved with the actual substance of that relationship and we do not validate or control any of the Practitioner Services. You are advised to exercise a high level of care and caution in the use of Therappy.online. You agree, confirm and acknowledge that you are aware of the fact that in some cases, Therappy.online's offered services may not completely substitute for face-to-face sessions with a Practitioner. You should never rely on or make health or well-being decisions purely on use of Therappy.online. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare Practitioner, or by traditional face-to-face appointment; because of information or advice you received through Therappy.online.

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. Therappy.online PROVIDES LINKS AND NUMBERS ON ITS HOME PAGE.

While Therappy.online protects and honors your Privacy, Independent Contracting Practitioners' practicing through Therappy.online retain a "Duty to Warn" as regulated by their State Ethics and License Regulations and Client acknowledges that any solicitation of advice from Therappy.online does diminish that duty which may include transmittal of Client's location, IP address or personal identification to proper authorities.

Client affirmatively acknowledges that consenting to this Terms of Use Agreement may impact some privacy protections of Client and Client affirmatively consents that Therappy.online's Clinical Oversight Personnel will, as needed, review particular Client "Session Transcripts" or "portals" or insert automatic reminders for the following purposes:

  1. During an boarding of Client and during Practitioner matching process to ascertain Client is able to successfully engage with Practitioner.
  2. To review a Client complaint about a particular issue/instance that Client reported about Practitioner
  3. For Client Safety Concerns or complaints of Unethical Practitioner.
  4. To transition Client to a new Practitioner or end a Client transcript when leaving the Site or to re-activate Client Practitioner connection.
  5. To investigate a quality assurance concern of Client. The Client acknowledges and consents to fact that Therappy.online uses "Meta Data" and other search terms to scan de-identified Client transcripts to search for trends and patterns that may affect the Quality of Service to the Client or the practices of the Therappy.online contracted Practitioners.

Client affirmatively grants permission to Therappy.online to have their matched Independent Practitioner periodically provide clinical assessments of Client progress to Therappy.online. Client understands that clinical assessments serve to provide information on your mental health and well-being, and that results can be seen by your Practitioner to discuss with you.

Client affirmatively consents to the above review of Client's otherwise HIPAA protected communications by Therappy.online when the above conditions are present.

All de-identified data, meta-data and research data collected by Therappy.online through Client's of Therappy.online remains the sole property of Therappy.online and its corporate owners. Client has no rights to the ownership, removal or deletion of data on the Platform. All data kept by Therappy.online and stored as part of Agreement with Practitioner and Client will be securely stored in at least HIPAA level secure storage systems.

Payment for use of Therappy.online is used to compensate Therappy.online for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage. Part of your payment, accounted for separately, is remitted to the Practitioner for the clinical services provided to you. Therappy.online does not participate, split or take a percentage of this part of the payment. Regardless of this payment, Therappy.online is not deemed as the Practitioner of a provider of any Practitioner Services. Both the Practitioner and Client agree to indemnify Therappy.online for any claims made by a Practitioner or Client against each other. The Client and Independent Practitioner agree to indemnify and hold harmless Therappy.online, its related entities, affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use. You agree to pay all fees and charges associated with your Client account on a timely basis and according to the fees schedule, the terms and the rates as published by Therappy.online. Such fees and charges (including any taxes and late fees, as applicable) may be charged on Client's provided credit card. By providing Therappy.online with credit card information Client authorizes Therappy.online to bill and charge Client credit card. Client agrees to maintain valid credit card information in Client Account.

Proper Use of the Site

Client agrees that Therappy.online and its affiliates shall not be liable to Client or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through use of Therappy.online. In no event will Therappy.online or its affiliates be liable to Client or anyone else for any incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the content, the website or any other information obtained through the website, even if Therappy.online, its affiliates, its licensors, agents or representatives know or have been advised of the possibility of such damages.

These excluded damages include, but are not limited to, medical, legal and any other malpractice damage claims or awards, pain and suffering, personal injury/wrongful death, loss of income, loss of consortium, business interruption, medical bills, damages for loss of data, loss of programs, and/or cost of procurement of substitute services or service interruptions. Therappy.online's cumulative liability to Client or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to the website, the content or these Terms of Use shall not exceed the fee, if any, paid by Client or on your behalf for the use of Therappy.online for the prior twelve (12) months.

Hyperlinks

Any link (including a hyperlink, button or referral device of any kind) used on Therappy.online or on the mobile Therappy.online Application is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to Therappy.online. Therappy.online does not endorse the content on any third-party websites. Therappy.online 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. Therappy.online does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Client's use of third-party websites is at Client's own risk and subject to the terms and conditions of use for such websites.

Modifications, Termination, Interruption and Disruptions to Therappy.online

Client confirms and acknowledges that Therappy.online may modify, suspend, disrupt or discontinue Therappy.online or any part of the Therappy.online website or the use of the mobile applications, whether to all Clients or to Client specifically, at any time with or without notice. Client agrees and acknowledges that Therappy.online will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions. The Therappy.online technology is technically complicated and is dependent on third party engineering and hosting in part, and on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. Therappy.online does not guarantee that the website or mobile applications will be uninterrupted or that it will be secure, consistent, timely or error-free.

Forbidden Uses of Therappy.online

All Clients expressly agree not to post any material that:

Is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;

Infringes on the copyright or any other proprietary right of a third party;

Would invade the privacy of any other person;

Is intended to advertise to or solicit others without our express permission;

Constitutes charity solicitations, chain letters or pyramid schemes;

Contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or

Interfere with or disrupt networks connected to the website, or used for purposes of delivering the content (or violate the regulations, policies or procedures of such networks);

Attempt to gain unauthorized access to restricted areas of the website, other accounts, computer systems or networks connected to the website, through password mining or any other means; or

Interfere with another Client's use and enjoyment of the website.

Therappy.online Copyright and Trademarks

Client hereby grants to Therappy.online a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information Client submits to the website by all means and in any media now known or hereafter developed for any use or purpose. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process for a password or username, if any or to content posted during therapy session. Therappy.online only purports to use names, logos or marks appearing in this site in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trademarks, licenses, or otherwise. For the avoidance of doubt, Therappy.online does not purport to use any name, logo or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use of these trademarks or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. All content and materials available on Therappy.online, including but not limited to text, graphics, domain names, code, images and logos are the intellectual property of Therappy.online, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited.
"Therappy.online" and "Unlimited Messaging Therapy" are copyright terms. All rights reserved.

Age Requirements, Password, Email, Texting and Honesty Policy for Therappy.online

Client agrees that by using Therappy.online, Client is at least eighteen (18) years of age and legally has no reason to believe Client would not be judged a competent adult. By registering as a Client and agreeing to the terms and conditions of this Agreement, Client also agrees to the terms of the Therappy.online Privacy Policy. Client remains responsible for maintaining the confidentiality of Client Password and User name (if any) and any other security information related to Client account. Therappy.online will not be liable for any loss that Client incurs as a result of someone else using Client account or your password, either with or without Client knowledge.

Client's continued use of Therappy.online will signify your acceptance of the changes to the website or the Terms of Use. If Client does not accept the changes, Client's sole and exclusive remedy is to discontinue using Therappy.online.

General Legal Terms

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

This Agreement shall be interpreted only in accordance with the laws of the State of Delaware.

This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

Class Action Waiver

Where permitted under applicable law, Therappy.online and Client agree that each may bring claims against the other only in its corporate or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both Therappy.online and Client agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

Arbitration

Client and Therappy.online agree that any dispute, claim, or controversy between you and Therappy.online relating in any way to this Agreement or to Your use of Therappy.online Services (whether based in contract, tort, malpractice, negligence, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreement) will be resolved by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. There is no Judge or Jury, but instead an appointed Arbitrator, usually with an experienced background in the area of the dispute. There may be more limited discovery than in court. An Arbitrator can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief to anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreement.

Either Client or Therappy.online may demand and/or file arbitration proceedings. Arbitration between Client and Therappy.online will be settled under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA") then in force (the "AAA Rules"). Arbitration will take place at a location to be agreed upon in New York, New York, provided that if the claim is for $10,000 or less, Client may request that the arbitration to be conducted be based on documents submitted to the Arbitrator or through a non-appearance based telephonic hearing; or by an in-person hearing as established by the AAA Rules. Client arbitration fees and costs will be limited to the fees set forth in the AAA's Consumer Rules with the remainder paid by Therappy.online.

Any arbitration must be commenced by filing a demand for arbitration within one calendar year after the date the party asserting the claim first knows or reasonably should know of the basis of the claim. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

Any Client who intends to seek arbitration must first send a written notice of the dispute to talkspace by certified mail or Overnight Express mail (signature required) to the address listed on the Therappy.online website.

In the event that Therappy.online makes any future change to this arbitration provision (other than a change to the Therappy.online address for Service), Client may reject any such change by sending us written notice within 30 days of the change and canceling your subscription to the Site with the same notice period.

If this Arbitration clause is found to be unenforceable in part or in the entirety, then the entirety of this Clause shall be null and void and, in such case, the Client and Therappy.online agree that the exclusive jurisdiction and venue of New York hall govern any claim arising out of or related to the Agreement.

UNLESS OTHERWISE EXPRESSED, Therappy.online EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Miscellaneous Terms and Conditions

Therappy.online reserves the right to change these Terms and Conditions from time to time in its sole discretion but with notice to the Client for any change material effecting Clients use of Therappy.online Gift Cards.

Therappy.online is not responsible for emailed gift certificates that do not reach their intended recipient for reasons beyond its control. Bounced email is not monitored. Receipt of email cannot be verified. Therappy.online can only verify receipt of the gift certificate, if the recipient of the gift certificate actually uses the URL enclosed in the email message to access the gift certificate using an Internet browser. Therappy.online is not responsible for late delivery of gift certificates.

Gift certificates, and these Terms and Conditions, are subject to and governed by the laws of Delaware, without reference to its principles of conflicts of law.

If any provision of these Terms and Conditions should, for any reason, be held invalid, prohibited by law or unenforceable in any respect, such term will not apply. However, the remainder of these Terms and Conditions shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid, prohibited or unenforceable provision to make it valid and enforceable.

Risk of loss will pass to the purchaser of the gift certificate upon the electronic transmission of such gift certificate to the recipient or purchaser.

Therappy.online, ITS AGENTS AND AFFILIATES, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO E-CARD GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE NUMBER OR BAR CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND Therappy.online'S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE.

Therappy.online, IT'S CONTRACTORS, EMPLOYEES AND/OR REPRESENTATIVES DO NOT GIVE LEGAL ADVICE IN ANY CAPACITY.

This Agreement notice was last updated on February 28th, 2017 and is deemed effective as of this date.