Terms of Use

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and Mind View New York Mental Health Counseling, PLLC, doing business as MindView Therapy, together with its affiliated professional entities (including MindView Therapy, LLC in Indiana), and its affiliates and licensors (“Company,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of mindviewtherapy.com, including any content, functionality, and services offered on or through mindviewtherapy.com, and any associated pages, affiliated and successor websites and corresponding social media pages, as well as any mobile applications available to you (collectively, the “Website”), whether as a guest or a registered user. These Terms of Use govern the use of the Website and our products and services offered, provided, or sold through the Website, as well as any information you obtain from or provide to us, whether by telephone, messaging, email, or any other method of communication with us.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by (1) these Terms of Use, (2) the applicable privacy terms, found at our Privacy Policy if you privately pay for services or at our HIPAA Notice of Privacy Practices if you pay for services using your health insurance (each, as applicable, the “Privacy Terms”), incorporated herein by reference, and (3) our Telehealth Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, the Privacy Terms, or the Telehealth Policy, you must not access or use the Website.

Eligibility

This Website is offered and available to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so that you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including through the use of any interactive features on the Website, is governed by our Privacy Terms, as applicable, and you consent to all actions we take with respect to your information consistent with the applicable Privacy Terms.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to deactivate your account with us, or disable any user name, password, or other identifier, whether chosen by you or provided by us, or otherwise limit or restrict your access to the Website, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Use of Applications

We grant you a limited, non-exclusive, and non-transferable license to access, download, and use the applications, content, and services, including any mobile application (each an “Application” and, collectively, the “Applications”) made available in or otherwise accessible through the Website, strictly in accordance with these Terms of Use and any additional terms and conditions we provide with respect to such features. You do not acquire any ownership interest in any Application, or in any content or data produced as a result of your use of such Application under these Terms of Use, or any other rights thereto other than to use the Application in accordance with these Terms of Use. By accessing this Website and using such applications, content, or services on the Website, you agree that you will not:

• copy any Application;
• modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of any Application;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of any Application or any part thereof;
• remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from any Application, including any copy thereof;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Application, or any features or functionality of any Application, to any third party for any reason, including by making any Application available on a network where it is capable of being accessed by more than one device at any time; or
• remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting any Application.

You acknowledge that when you download, install, or use an Application, the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your computer or mobile device and about your use of such Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using an Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with any Application is subject to the applicable Privacy Terms. By downloading, installing, using, and providing information to or through any Application, you consent to all actions taken by us with respect to your information in compliance with the applicable Privacy Terms.

Appointment Booking and Payment

You may use our Website to request or schedule appointments with the Company. By using this appointment booking platform, you acknowledge that appointment availability is not guaranteed and must first be confirmed by our staff before moving forward. If applicable, payments for services can be made through the Website. By submitting your payment information, you authorize us to charge the applicable amount for the services provided. You are responsible for any copayments, coinsurance, deductibles, non-covered services, and other amounts for which you are financially responsible under your insurance plan or our payment policies. Refunds, cancellations, no-shows, and late-cancellation fees are subject to the Company’s policies, which will be communicated during the booking process, in your intake documents, or through other official means.

No Therapist-Client Relationship Created Through the Website

The general information provided on this Website does not create a therapist-client, counselor-client, or provider-patient relationship between you and the Company or any of its clinicians, nor is it intended to solicit individuals to become clients or patients of the Company or its clinicians. A treatment relationship is established only after you complete intake, are accepted as a client, and enter into the appropriate treatment and consent agreements with a licensed clinician. This provision does not apply if you are using the Website to communicate with a clinician with whom you already have an established treatment relationship.

Telehealth and Multi-State Services

The Company provides behavioral health services in the states in which it is authorized to operate, currently including New York and Indiana. Clinical services are delivered by the Company’s licensed clinicians only to clients who are physically located within a state where the treating clinician is licensed and authorized to provide care at the time of the session. You are responsible for confirming your location at the time services are provided. Services in each state are provided by the Company’s corresponding professional entity and are subject to the licensing, scope-of-practice, and telehealth requirements of the state in which the client receives care.

Telehealth involves the delivery of services using electronic communications and may not be appropriate for every condition or situation. Additional terms, consents, and disclosures applicable to telehealth are set forth in our Telehealth Policy and in the consent documents you complete during intake.

Text Messaging and SMS Terms

MindView Therapy Appointment Reminders: When you opt in, MindView Therapy will send you text reminders about your upcoming appointments and schedule changes. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time. Reply HELP for help, or contact us at admin@mindviewtherapy.com or (646) 493-4007. Carriers are not liable for delayed or undelivered messages. Consent is not a condition of receiving services. See our Privacy Policy at https://mindviewtherapy.com/privacy-policy/.

Consent to receive text messages is not a condition of receiving services. You may opt out of text messages at any time by replying STOP to any message, and you may reply HELP for assistance. After you opt out, you may receive one final message confirming that you have been unsubscribed. Opting out of text messages may affect your ability to receive certain appointment reminders and other communications sent by text.

We will not send marketing text messages to any mobile number that has not affirmatively opted in to receive them. You are responsible for notifying us if you change or relinquish a mobile number that you previously provided to us. Text messages are not a secure or confidential channel and should not be used to share detailed health information or for urgent or emergency matters.

For help at any time, reply HELP to any message, or contact us at admin@mindviewtherapy.com or (646) 493-4007. Message and data rates may apply, message frequency varies, and wireless carriers are not liable for delayed or undelivered messages.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with, sold to, or transferred to any third parties; this information is used only to deliver the messages you have consented to receive, including through the messaging service providers who transmit messages on our behalf. For more information about how we handle your information, see our Privacy Policy.

Electronic Communications Consent

By using the Website or providing your contact information to us, you consent to receive communications from us electronically, including by email, text message, and notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless applicable law specifically requires a different form of communication.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term MindView Therapy, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company, its affiliates, or its licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

User Contributions, Reviews, and Testimonials

The Website or our affiliated pages may contain features that allow you to submit reviews, comments, ratings, testimonials, or other content (collectively, “User Contributions”). Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant the Company and its affiliates and service providers a non-exclusive, royalty-free, perpetual, and worldwide right to use, reproduce, and display such content in connection with the Company’s services and promotion, to the extent permitted by law and subject to our Privacy Terms.

You represent and warrant that you own or control all rights in and to any User Contribution you submit, that it is accurate, and that it does not violate these Terms of Use or the rights of any third party.

For your own privacy and safety, you should not include protected health information, treatment details, or other sensitive personal information in any public review or testimonial. The Company will not confirm, deny, or disclose whether any individual is or was a client in response to any public post, and its responses to reviews will not disclose any client information. We reserve the right, but do not assume the obligation, to remove or refuse to post any User Contribution for any or no reason in our sole discretion.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee or affiliate, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Health Disclaimer and Emergencies

The health information on this Website is not a substitute for professional medical or mental health advice, diagnosis, or treatment from a qualified healthcare provider. Do not rely on information obtained on this Website to diagnose or manage a health condition without first consulting a licensed professional. Never ignore or delay seeking professional advice because of content accessed through this Website. Do not attempt self-treatment or self-diagnosis based on anything you see or read on the Website.

Do not use this Website for medical or mental health emergencies. If you are experiencing a medical emergency or a mental health crisis, or if you are having thoughts of harming yourself or others, call 911, call or text the 988 Suicide and Crisis Lifeline, go to your nearest emergency room, or contact your local emergency services immediately. The Website is not monitored for emergencies and is not an appropriate channel for urgent or crisis communications.

The health information on this Website is provided by the practice solely for informational purposes as a public service and to promote consumer health. The practice assumes no responsibility for any circumstances arising out of the use, misuse, interpretation, or application of any information supplied on this Website. You should use your own judgment when using any service or selecting a clinician through any site or service linked to this Website. In addition, while the Company frequently updates its content, health information changes rapidly, and therefore some information may be out of date or contain inaccuracies or typographical errors. Neither the Company nor its Website endorses any professional service obtained through information provided on this Website or any links to this Website.

Changes to the Website and Applications

We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

The Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and new features (collectively, including related documentation, “Updates”). Updates may also modify or delete certain features and functionality in their entirety. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to the applicable Privacy Terms. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the applicable Privacy Terms.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed, or appear to be displayed, on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Third-Party Links and Materials

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Additionally, certain Applications may display, include, or make available third-party content (including data, information, applications, and other products, services, and materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Geographic Restrictions

The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Accessibility

The Company is committed to making its Website accessible to as many users as possible, including individuals with disabilities, and works to align with generally accepted accessibility standards. If you experience difficulty accessing any part of the Website, or if you need assistance or an accommodation, please contact us using the information in the “Your Comments and Concerns” section below, and we will make reasonable efforts to provide the information, item, or service you seek through an alternative method.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY APPLICATION) IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY APPLICATION) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY APPLICATION) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY APPLICATION) WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY APPLICATION), OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Nothing in these Terms of Use limits or excludes any liability for professional negligence in the provision of clinical services, which is governed by the applicable treatment agreements, consents, and the laws of the state in which care is provided.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Clinical services provided in a given state are additionally governed by the laws of the state in which the client receives care.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the County of Queens, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country or state of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration and Class Action Waiver

At the Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

To the fullest extent permitted by law, any dispute resolution proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. You and the Company each waive any right to participate in a class action or to have any claim resolved on a class-wide or representative basis. This section does not apply to any dispute concerning the provision of clinical care, which is governed by the applicable treatment agreements and the laws of the state in which care is provided.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Force Majeure

The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, government action, power or internet outages, telecommunications or hosting failures, labor disputes, or the acts or omissions of third-party service providers.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without the Company’s prior written consent. Any attempt to assign or transfer these Terms of Use without such consent will be null and void. The Company may freely assign or transfer these Terms of Use, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

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