Thank you for choosing Talkspace. By registering on this site or otherwise using the Talkspace website and/or mobile applications, (the "Services"), or accessing any content or material that is made available by Talkspace, You, as a Client, are entering into a binding contract with Talkspace. As a Client on Talkspace, working with one of our Independent Therapists, 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 Talkspace.
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.
TALKSPACE IS A SOFTWARE COMPANY THAT BUILT A PLATFORM TO OFFER ITS CLIENTS THE ABILITY TO MATCH THEIR CONCERNS AND ISSUES TO THE BEST SUITED LICENSED THERAPIST WITH THE PROPER SKILL SET AND BACKGROUND AND ALLOW FOR COMMUNICATION WITH THAT THERAPIST USING MOBILE DEVICES AND OTHER ON-LINE DIGITAL MEANS. TALKSPACE 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.
Talkspace does not employ the Therapists matched through this site. Therapists act as INDEPENDENT CONTRACTORS to Talkspace. Talkspace carefully screens Therapist applicants using licensed experts in the Therapy field and insists on evidence of the applicant's credentials. The Therapists are neither our employees nor agents nor representatives. Furthermore, we assume no responsibility for any act, omission or wrongdoing of any Therapist. While the site will help Client match with a Therapist and will help Client find a new Therapist if the match is unsuccessful, the Site makes no representation or warranty whatsoever as to whether you will find the Therapy Services relevant, useful, correct, satisfactory or suitable to your needs.
ALL TALKSPACE THERAPISTS PRACTICE INFORMED CONSENT. CLIENT WILL BE MATCHED TO A THERAPIST IN YOUR STATE OF RESIDENCE AS CLIENT HAS CONFIRMED IT. THE THERAPIST WILL CONFIRM TO YOU THEIR STATE OF LICENSURE AND LOCATION AND THE RISKS AND BENEFITS OF USING REMOTE DIGITAL DEVICES FOR THERAPY SERVICES. BY USING THE SERVICES OF TALKSPACE, YOU ARE AGREEING THAT ANY REMOTE SESSION CONDUCTED IS LEGALLY TAKING PLACE IN THE SITE OF LOCATION OF THE THERAPIST AS SUCH STATE IS CONFIRMED TO YOU.
While Talkspace does research and verify certain documents of the Therapists practicing through the Talkspace technology, we do not guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence or background of any Therapist. Client's relationship relating to the Therapist services is strictly with the Therapist. Talkspace is not involved with the actual substance of that relationship and we do 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 Talkspace. You agree, confirm and acknowledge that you are aware of the fact that in some cases, Talkspace's offered services may not completely substitute for face-to-face sessions with a licensed Therapist. You should never rely on or make health or well-being decisions purely on use of Talkspace. 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 Talkspace.
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. TALKSPACE PROVIDES LINKS AND NUMBERS ON ITS HOME PAGE.
While Talkspace protects and honors your Privacy, Independent Contracting Therapists' practicing through Talkspace retain a "Duty to Warn" as regulated by their State Ethics and License Regulations and Client acknowledges that any solicitation of advice from Talkspace does diminish that duty which may include transmittal of Client's location, IP address or personal identification to proper authorities.
The Client acknowledges and consents to fact that Talkspace 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 Talkspace contracted Therapists.
Client affirmatively grants permission to Talkspace to have their matched Independent Therapist periodically provide clinical assessments of Client progress to Talkspace. Client understands that clinical assessments serve to provide information on your mental health and well-being, and that results can be seen by your Therapist to discuss with you.
Client affirmatively consents to the above review of Client's otherwise HIPAA protected communications by Talkspace when the above conditions are present.
All de-identified data, meta-data and research data collected by Talkspace through Client's of Talkspace remains the sole property of Talkspace and its corporate owners. Client has no rights to the ownership, removal or deletion of data on the Platform. All data kept by Talkspace and stored as part of Agreement with Therapist and Client will be securely stored in at least HIPAA level secure storage systems.
Proper Use of the Site
Client agrees that Talkspace 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 Talkspace. In no event will Talkspace 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 Talkspace, its affiliates, its licensors, agents or representatives know or have been advised of the possibility of such damages.
Any link (including a hyperlink, button or referral device of any kind) used on Talkspace or on the mobile Talkspace 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 Talkspace. Talkspace does not endorse the content on any third-party websites. Talkspace 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. Talkspace 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 Talkspace
Client confirms and acknowledges that Talkspace may modify, suspend, disrupt or discontinue Talkspace or any part of the Talkspace.com 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 Talkspace 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 Talkspace 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. Talkspace 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 Talkspace
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.
Talkspace Copyright and Trademarks
Client hereby grants to Talkspace 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. Talkspace 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, Talkspace 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 Talkspace, including but not limited to text, graphics, domain names, code, images and logos are the intellectual property of Talkspace, 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.
"Talkspace" and "Unlimited Messaging Therapy" are copyright terms. All rights reserved.
Age Requirements, Password, Email, Texting and Honesty Policy for Talkspace
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, Talkspace 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 Talkspace 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.
Client and Talkspace agree that any dispute, claim, or controversy between you and Talkspace relating in any way to this Agreement or to Your use of Talkspace 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 Talkspace may demand and/or file arbitration proceedings. Arbitration between Client and Talkspace 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 Talkspace.
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 Talkspace website.
In the event that Talkspace makes any future change to this arbitration provision (other than a change to the Talkspace 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 Talkspace 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, TALKSPACE 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.
GIFT CARD TERMS AND CONDITIONS
PURCHASING, SENDING AND RECEIVING E-CARD GIFT CERTIFICATES FOR ONLINE THERAPY SUBSCRIPTIONS THROUGH TALKSPACE
Talkspace E-card Gift certificates are void where prohibited or restricted by law.
Talkspace E-card Gift certificates cannot be used to purchase other gift certificates.
Except as provided herein, Talkspace E-card Gift certificate have no cash value.
Talkspace E-card Gift certificates are not valid until payment has been received and successfully processed by Talkspace
Talkspace reserves the right to refuse service or reverse any Talkspace E-card Gift certificate purchase for any reason and return the funds to the purchaser.
Redeeming Gift Certificates
Gift certificates are only redeemable at Talkspace for the amount or service specified on the e-card gift certificate, by the expiration date indicated. Talkspace reserves the right to convert service-based gift certificates to their monetary value, equivalent to what was paid for the gift certificate, at its option and sole discretion.
Except as required by law, gift certificates are not redeemable for cash and cannot be returned for a cash refund.
Any unused balance of the gift certificate will remain until redeemed or the original expiration date indicated on the gift certificate, whichever occurs first.
If a purchase exceeds the amount listed on the gift certificate, the redeemer is responsible for paying the difference at time of purchase.
Cancellation and Expiration of Gift Certificates
Talkspace reserves the right to immediately invalidate E-card gift certificates, without notice, should it receive a credit card chargeback, returned check or other form of repudiated payment made towards the gift certificate.
Talkspace is not responsible for lost e-card gift certificates. Reasonable and prudent steps are taken to verify the legitimacy of a redeemer and upon full redemption or at the expiration date, the gift certificate will be identified as not valid for payment of any kind.
Talkspace reserves the right to dishonor the gift certificate, if it reasonably believes it was not validly purchased, has already been redeemed, or the redeemer stole or is otherwise not the intended beneficiary of the purchaser.
E-card Gift certificates are not valid or redeemable after the expiration date indicated on the gift certificate email.
Talkspace will replace a valid lost e-card gift certificate, provided the original gift certificate hasn't been redeemed and the replacement is issued to either the original purchaser or a verifiable recipient.
Talkspace reserves the right to contact gift certificate purchasers, or known recipients, to remind them of upcoming expiration dates.
Miscellaneous Terms and Conditions
Talkspace 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 Talkspace Gift Cards.
Talkspace 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. Talkspace 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. Talkspace 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.
TALKSPACE, 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 TALKSPACE'S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE.
This Agreement notice was last updated on February 28th, 2017 and is deemed effective as of this date.
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