Last Updated: November 18, 2020
This website is operated by Mental Treat, Inc., a Delaware corporation (hereinafter, “Mental Treat”, “We”, or “Us”). These terms and conditions (the “Terms”) govern your access to the Mental Treat website http://mentaltreat.com/ and any mobile applications, or other web services owned, controlled, or offered by Mental Treat now or in the future (all collectively referred to as, the “Services“).
These Terms are important and affect your legal rights, so please read them carefully. Note that these Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
The Services are offered to you conditioned on your acceptance without modification of Terms contained herein. Certain features, services or tools of the Services may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. Your use of the Services constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, USING, CONSUMMATING A FINANCIAL TRANSACTION, OR BROWSING THE SERVICES, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
- USE OF OUR SERVICES
Mental Treat is an all-in-one mental health platform built for accessible, affordable treatment. Clients can join the community and connect with mental health and wellness professionals (therapists, coaches, clinical social workers, counselor, psychologist, psychiatrists and other professionals (hereinafter collectively, “Mental Health Providers“) providing psychology and/or counseling services (“Professional Services“) for individuals seeking such services (“Users” or “you“). The Mental Health Providers and Users are both users of the Services and are hereinafter referred to collectively as “Users.”
You acknowledge that although some Content may be provided by Mental Health Providers, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in choosing a healthcare specialist, professional, provider, organization, or agents or affiliates thereof. “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services.
Subject to your compliance with its obligations under these Terms, we will provide you with access to the Services. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason our Services are unavailable at any time or for any period.
You must be eighteen (18) years or over in order to use the Services. By accessing the Services, you represent and warrant that you are an adult, and you are capable of lawfully entering into and performing all the obligations outlined in this Agreement. We do not knowingly collect, either online or offline, personal information from persons under the age of 13.
2. MENTAL HEALTH PROVIDERS AND PROFESSIONAL SERVICES.
We do not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any Professional Services provided by Mental Health Providers nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Mental Health Providers or Users. We make no representations or warranties whatsoever with respect to Professional Services offered or provided by Mental Health Providers or requested by Users through use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Mental Health Provider.
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN MENTAL HEALTH PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE MENTAL HEALTH PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.
Mental Treat or its designee takes certain limited steps to verify that Mental Health Providers participating in the Services hold certain active licenses, certifications or registrations required by law to practice the specialties of the services offered by them through the Services. Mental Treat may also exclude Mental Health Providers from our Services who, in Mental Treat’s discretion, have engaged in inappropriate or unprofessional conduct.
Some Mental Health Providers listed through the Services enter into contracts with us and may pay us a fee in order to be marketed through or to use the Services. To help you find Mental Health Providers who may be suitable for your needs and enable the maximum choice and diversity of Mental Health Providers participating in the Services, we will provide you with lists and/or profiles of Mental Health Providers. These results are based on information that you provide to us, including, but not limited to insurance information and geographical location. They may also be based on other criteria (including, for example, Mental Health Provider availability, past selections by and/or ratings of Mental Health Providers by you or by other Mental Treat users, and past experience of Mental Treat users with Mental Health Providers). Note that Mental Treat (a) does not recommend or endorse any Mental Health Providers, (b) does not make any representations or warranties with respect to these Mental Health Providers or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Mental Health Providers for featuring them (i.e., higher or better placement on lists) through the Services (subject to Sponsored Results as described below).
Notwithstanding the foregoing, Mental Treat may, but is not obligated to, check the background and experience of Mental Health Providers via third-party background check services and first party interviews, including but not limited to a verification of identity and a comprehensive criminal background check, and may terminate a Mental Health Provider based on any information discovered during such background checks and first party interviews. Whether or not Mental Treat conducts a background check or first party interview on a Mental Health Provider, each User must decide whether a Mental Health Provider is suited to such User’s needs. NEITHER MENTAL TREAT NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES AND YOU HEREBY RELEASE THE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
3. NOT A PROVIDER OF MEDICAL ADVICE
The Content that you obtain or receive from Mental Treat, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, Mental Treat blogs, social channels, emails and text messages, and advertising, comes from independent healthcare professionals and organizations and is for informational purposes only.
Mental Treat solely provides a platform for Mental Health Providers and Users to connect and serves only as a medium to facilitate the provision of Professional Services. We do not provide or contract for Professional Services, and Mental Health Providers and Users contract independently for the provision of Professional Services. Any decision by a User to receive Professional Services or by a Mental Health Provider to provide Professional Services is a decision made in such person’s sole discretion and at their own risk. Mental Treat merely makes the Services available to Users to find and transact directly with each other. You are solely responsible for evaluating and determining the suitability of any Mental Health Provider. If you decide to enter into an agreement with a Mental Health Provider through the Services, such agreement is directly between you and such Mental Health Provider and Mental Treat is not a party to that agreement.
THIS CONTENT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED MENTAL HEALTH PROVIDER, UNDER ANY CIRCUMSTANCE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific tests, Mental Health Providers, procedures, opinions, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Mental Health Provider’s office and the appropriate licensing or certification authorities to verify listed credentials and education. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE SERVICES.
4. NO DOCTOR-PATIENT RELATIONSHIP CREATED
MENTAL HEALTH PROVIDERS MAY USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM MENTAL TREAT INCLUDING ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE MENTAL HEALTH PROVIDER. We have no control over, and cannot guarantee the availability of, any Mental Health Provider at any particular time. We will not be liable for canceled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.
5. REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES
In order to access and use certain areas or features of the Services, you may need to have an account with us (the “Account”). We may maintain different types of Accounts for different types of Users. If you create an Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity; (ii) you represent and warrant that you are an authorized representative of the entity with authority to bind the entity to these Terms; and (iii) you agree to these Terms on the entity’s behalf. By creating an Account, you agree to (i) provide accurate, current and complete account information about yourself as necessary, (ii) maintain and promptly update from time to time as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to Us, and (iv) immediately notify Us if you discover or otherwise suspect any security breaches related to your Account. In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
(a) Communication Preferences. By creating an Account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Services). These communications may include notices about your Account (e.g., password changes, updates and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
(b) Account Information. You agree to provide current, complete and accurate payment and account information for your Account. You agree to promptly update your Account and other information, including your email and address, so that we can complete your transactions and contact you as needed. We reserve the right to suspend the provision of the Services or any part thereof if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading. You are responsible for all charges incurred under your Account, whether made by you or another person using your Account.
(c) Account Access and Security. If you use the Services, you are responsible for maintaining the confidentiality of your Account and password for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your Account or password. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content from the Services if in our opinion, you have failed to comply with any of the provisions of these Terms.
6. ACCESS TO THE SERVICES
We shall use commercially reasonable efforts to ensure the availability of the Services, except that we shall not be liable for: (a) scheduled downtime; or (b) any unavailability caused directly or indirectly by circumstances beyond our reasonable control, including without limitation,(i) a force majeure event; (ii) Internet provider, webhosting, cloud computing platform, or public telecommunications network failures or delays, or denial of service attacks; (iii) a fault or failure of your computer systems or networks; or (iv) any breach by of these Terms by you.
7. TERMINATION OR SUSPENSION OF SERVICES
Mental Treat reserves the right to refuse or suspend access to any user, for any reason or no reason, and without any notice. Mental Treat may suspend your use of the Services or any portion thereof if Mental Treat believes that you have breached these Terms, or for any other reason, at its sole discretion. You agree that any termination of your access to the Services may be without prior notice, and you agree that Mental Treat will not be liable to you or any third party for any such termination. Where needed, we reserve the right to alert local law enforcement authorities about suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services.
8. PAYMENTS, REFUNDS AND CANCELLATIONS
(a) Payment Information. By entering your payment information when requested, you authorize Us our third-party payment processor (“Payment Processor”) to charge and process the fees and charges assessed in connection with the Services. We may ask you to supply information relevant to your payment including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. If you pay any amounts with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for a transaction. While We take reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, We are not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information. The Payment Processor is responsible for transacting such payments through its platform, and you agree to release and hold Us harmless from any errors, negligence or misconduct by the Payment Processor. You authorize Payment Processor to directly remit Us any applicable fees owed to Us. Mental Treat is not liable for any fees incurred due to billing errors.
(b) Cancelling your Subscription. You may cancel your subscription at any time. Any cancellation made after an expire trial service will not qualify for a reason. Please contact us at firstname.lastname@example.org with any questions.
(c) Rescheduling. Although the Services are intended to provide Mental Health Providers’ availability in real-time, it is possible that a scheduling conflict may occur that requires the Mental Health Provider to reschedule your reservation. Creation of a reservation using the Services is not a guarantee that the Professional will honor the reservation as scheduled. We cannot guarantee availability of the Professional Services to any User.
9. PROHIBITED USES
Use of the Services is limited to the permitted uses expressly authorized by us. Any violation of the guidelines or this Agreement by your user content, as determined by Mental Treat in its sole discretion, may result in the termination of your access to the Services. The Services shall not be used to:
- Harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- Engage in any unlawful, fraudulent, or deceptive activities;
- Misrepresent the source, identity, or content of information transmitted via the Services;
- Use technology or other means to access unauthorized content or non-public spaces;
- Use or launch any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
- Attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Probe, scan, or test the vulnerability of the Services or any system or network; use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
- Use the Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead to death, personal injury, or physical or property damage;
- Modify the Services in any manner or form; use or develop any application that interacts with the Services or provides access to other users’ content or information without our written permission; or use modified versions of the Services, including to obtain unauthorized access to the Services;
- Attempt to damage, disable, overburden, or impair our servers or networks;
- Attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems or networks connected to Mental Treat, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of or any activities conducted on the Services;
- Display the Services or profile data on any external display or monitor or in any public setting without obtaining the prior consent of all participants. Furthermore, you may not display the Services or profile data on any external display or monitor or in any public setting in a manner that infringes on the intended use of the Services;
- Encourage the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control; or
- violate these Terms in any manner;
10. INTELLECTUAL PROPERTY RIGHTS
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms. As a condition of your use of the Services, you warrant to Us that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of Mental Treat or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. Our content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Mental Treat and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mental Treat or our licensors except as expressly authorized by these Terms.
11. DMCA NOTICE AND TAKEDOWN POLICY
Mental Treat respects intellectual property rights and expects its users to do the same. If you are a copyright owner or an agent thereof, and you believe that any content hosted on any of the Services infringes Your copyrights, then you may submit a notification by providing Mental Treat’ Designated Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works on the applicable Services are covered by a single notification, a representative list of such works on the applicable Services;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mental Treat to locate the material; Information reasonably sufficient to permit Mental Treat to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).
Mental Treat Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Mental Treat, Inc.
99 John St, 824, New York, NY 10038
Attention: Copyright Claims
For clarity, only notices under this section should go to the Mental Treat Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Please note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You can submit questions, comments, suggestions, ideas, original or creative materials or other information about Mental Treat or the Services (collectively, “Feedback”). Feedback is non-confidential and shall become the sole property of Mental Treat. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13. LINKS TO THIRD PARTY WEBSITES/THIRD-PARTY SERVICES
The Services may contain links to other brands or services (“Linked Website“). The Linked Websites are not under our control and We are not responsible for the contents of any Linked Websites, including without limitation any link contained in a Linked Website, products or merchandise sold through the Services, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the services or any association with its operators. Certain services made available through the Services are delivered by third parties and organizations and these Terms do not apply to any Linked Website. By using any product, service or functionality originating from the Services, you hereby acknowledge and consent that We may share such information and data with any third party with whom We have a contractual relationship to provide the requested product, service or functionality on behalf of Mental Treat and customers.
To the fullest extent permitted by applicable law, you hereby release and forever discharge Us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (Including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (a) any interactions with, or act or omission of, or user content provided by, other Users of the Services or (b) any third-party site, products, services, and links Included on or accessed through the Services. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” resolving any disputes.
14. CONTENT YOU SUBMIT TO US
You will have the opportunity to submit feedback regarding your experiences with Mental Health Providers you find through the Services, to submit inquiries concerning possible medical needs and to participate in the other interactive or community features of the Services (collectively, “Posted Information”). It is important that you act responsibly when providing Posted Information. We reserve the right to investigate and, at our discretion, take appropriate legal action against anyone who violates these Terms, including without limitation, removing any offending communication from the Services and terminating the account of such violators or blocking your use of the Services.
By posting Posted Information through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to Mental Treat and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information.
15. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that may contain typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel transactions if any information in the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Services, except as required by law. No specified update or refresh date applied in the Services, should be taken to indicate that all information in the Services has been modified or updated. WE DO NOT REPRESENT, WARRANT OR OTHERWISE ENDORSE THAT THE SERVICES OR ANY CONTENT, INFORMATION OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES ARE ACCURATE, COMPLETE, AVAILABLE, CURRENT. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES.
16. ELECTRONIC COMMUNICATIONS
Using the Services or sending emails to us constitutes electronic communications. If you provide Us with your email address to our contact form, you consent to receive electronic communications from Us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communications be in writing.
WITH THE EXCEPTION OF MENTAL TREAT’ GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MENTAL TREAT, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) RELATING TO OR ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
18. HARM FROM COMMERCIAL USE
You agree that the consequences of commercial use or re-publication of content or information from the Services may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy and that We will be entitled to temporary and permanent injunctive relief to prohibit such use.
19. NO WARRANTIES
While Mental Treat strives to provide an inclusive platform and help improve our User’s mental health services you acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Services, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired, you having not acquired, or your use of Content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. We have no special relationship with or fiduciary duty to you.
WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MENTAL TREAT MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. MENTAL TREAT DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
20. LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO CREATE OR MAINTAIN AN ACCOUNT WITH THE SITE OR THE SERVICES, OR (b) $100; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE TRANSACTION PROCESSING SERVICES (AS DEFINED IN THE ADDITIONAL TERMS), IN NO EVENT SHALL OUR CUMULATIVE LIABILITY THEREOF REGARDLESS OF THE FORM OF ACTION EXCEED THE TOTAL AMOUNT OF TRANSACTION PROCESSING FEES (AS DESCRIBED IN THE ADDITIONAL TERMS), IF ANY, REMITTED TO AND RETAINED BY MENTAL TREAT FOR PROVIDING TRANSACTION PROCESSING SERVICES FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
21. INFORMAL DISPUTE RESOLUTION
You and Mental Treat agree that any dispute that has arisen or may arise between Us relating in any way to Your use of or access to the Services, any validity, interpretation, breach, enforcement, or termination of this Agreement, or otherwise relating to Mental Treat in any way (collectively, “Covered Dispute Matters“) will be resolved in accordance with the provisions set forth in this Section 21.
If You have any dispute with Us, you and Mental Treat agree that before taking any formal action, You will contact Us at email@example.com provide a brief, written description of the dispute and your contact information (Including your email address) and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution of any issue with you.
22. MANDATORY ARBITRATION – IMPORTANT INFORMATION ABOUT YOUR RIGHTS
BY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST MENTAL TREAT ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION AGREEMENT. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST MENTAL TREAT, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST MENTAL TREAT BY SOMEONE ELSE.
Arbitration Procedure. You and Mental Treat agree that any dispute, claim or controversy arising out of or relating to (i) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms will be settled by binding arbitration between you and Mental Treat, and not in a court of law. The arbitration shall be administered by the American Arbitration Association (“AAA“) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules“) then in effect, except as modified by this Arbitration Agreement. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York. The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. This Arbitration Agreement shall survive the termination of these Terms.
- Exceptions to Our Agreement to Arbitrate Disputes. There are only two exceptions to this Agreement to arbitrate: (i) if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief without bond in any court of competent jurisdiction or (ii) each party will retain the right to seek relief in a small claims court for disputes or claims within the scope of the jurisdiction of such courts.
- Who Bears the Costs of Arbitration? You and Mental Treat agree that payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules unless otherwise stated in this Agreement to arbitrate. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, you agree that Mental Treat is relieved of its obligation to reimburse you for any fees associated with the arbitration.
- Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in this Agreement to the contrary, You and We agree that if We make any amendment to this Agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Mental Treat prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the Agreement to arbitrate that have arisen or may arise between you and Mental Treat If you do not agree to these amended terms, you shall not access or use the Services, and the revised terms will not bind you.
- Judicial Forum for Legal Disputes. If the Agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to arbitrate, as a result of a decision by the arbitrator or court order, you agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between you and Mental Treat must be resolved exclusively by a state or federal court located in New York County, New York. You and Mental Treat agree to submit to the exclusive personal jurisdiction of the courts situated in New York City, New York, for the purpose of litigating all such claims or disputes.
- Arbitration Opt-Out Procedure. If you are a new user, you can choose to reject the agreement to arbitrate provision (“Opt-Out“) by emailing us an opt-out notice to firstname.lastname@example.org (“Opt-Out Notice“). The Opt-Out Notice must be received no later than thirty (30) days after the date you accept the terms of this Agreement for the first time. If you are not a new user, you have until thirty (30) days after the posting of the new terms to submit an arbitration opt-out notice. To opt-out, you must email your name, address (Including street address, city, state, and zip code), email address to which the opt-out applies, and an unaltered digital image of your valid driver’s license to: email@example.com. This procedure is the only way. You can Opt-Out of the Agreement to arbitrate. If you Opt-Out of the Agreement to arbitrate, all other parts of this Agreement and this Disputes Section will continue to apply to you. Opting out of this Agreement to arbitrate does not affect any previous, other, or future arbitration agreements that you may have with Mental Treat you waive certain rights. By agreeing to this agreement, you now irrevocably waive any right you may have (i) to a court trial (other than small claims court as provided above), (ii) to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a User of a class of claimants, in any lawsuit, arbitration or other proceeding filed against Us and/ or related third parties, and (iii) to a trial by jury even if any arbitration is not required under this agreement. Statute of limitations for your claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site, services, or this agreement must be filed within one (1) year after such claim or cause of action arises, or it will be forever barred.
- Applicable Law. You and We agree that United States federal law, including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of New York, without regard to conflict of laws principles, will govern all Covered Dispute Matters. Such body of law will apply regardless of Your residence or the location of where You use the Services.
23. CLASS ACTION WAIVER
Any arbitration or action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
24. ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us.
25. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Services is not intended to amount to advice on which reliance should be placed. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor of the Services, or by anyone who may be informed of any of its contents.
26. CHANGES TO TERMS
We reserve the right, in our sole discretion, to change the Terms under which the Services is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Services after expiry of the notice period or accepting the amended Terms (as We may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms.
27. RELATIONSHIP BETWEEN THE PARTIES
The parties are independent contractors and nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Each Party has sole responsibility for its activities and its personnel and shall have no authority and shall not represent to any third party that it has the authority to bind or otherwise obligate the other party in any manner.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
29. FORCE MAJEURE
30. EXPORT CONTROLS
The Services originate in the United States and are subject to United States export laws and regulations. The Services may not be exported or re-exported by you to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Services.
31. NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
These Terms constitute the entire agreement between you and Us relating to your access to and use of the Services. When you purchase any services from Mental Treat, The Services are controlled and operated from within the United States. Without limiting anything else, We make no representation that the Services, information or other materials available on, in, or through the Services are applicable or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Services from other locations do so on their own volition and are responsible for compliance with applicable laws. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. The waiver or failure of Mental Treat to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
We welcome your questions or comments regarding these Terms:
Mental Treat, Inc.