Last updated March 29, 2020
This Site has been created by the Companies to provide information about health care and is for general informational purposes regarding health care that should never be construed as specific instructions for individual patients. Nothing on this Site is intended to substitute for proper medical advice, diagnosis, or treatment. This Site is not intended and must not be interpreted as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction.
Permitted Use of this Site
You may use this Site only if you are 18 years or older and solely for your own personal, non-commercial use.
Your use of this Site must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in this Site or any Content.
Restrictions on Access to and Use of this Site
We do not allow unauthorized access (i.e. hacking) into this Site. The use of deep-links, page scrapes, web crawlers, web robots, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same things in connection with this Site is prohibited.
We reserve all rights in this Site and its Content not granted to you. Without limiting the foregoing, except as permitted above, you may not:
- modify, mirror, frame, publish, reproduce, duplicate, translate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit this Site or the Content of this Site (in whole or in part) for any purpose. Your use of this Site does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on this Site;
- use the Site or Content (including the User Submissions (as defined herein)), or any portion thereof, for any commercial purpose or for the benefit of any third party;
- access, tamper with, or use non-public areas of the Site, the Companies’ computer systems, or the technical delivery systems of the Companies’ providers;
- interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, sending a virus, overloading, flooding, spamming or mail-bombing through the Site; and
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content.
Copyrights, Trademarks and Other Proprietary Rights
You understand that Talkiatry and its licensors retain all ownership rights in this Site (including all Content). All trademarks, service marks and trade names are owned by Talkiatry Management Services, LLC or other respective owners.
The entire content of this Site, including, but not limited to, text, design, software, photography, video, graphics, sound and information (collectively, the “Content”) and the selection, coordination, arrangement, and enhancement thereof and this Site, are protected under the copyright laws of the United States (“US”), international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all Content).
This Site may contain or reference patents, technologies, products, or other proprietary rights of Talkiatry, its third party vendors and other third parties. Nothing on this Site should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights, patents, technologies, products, or other proprietary rights of Talkiatry, any of its third party vendors or other third parties.
The Companies respect copyright law and expect their users to do the same. It is the Companies’ policy to terminate in appropriate circumstances Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site, the App or the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: your full name, an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site, the App or the Service, including at a minimum, if applicable, the URL of the link shown on the Site, the App or the Service where such material may be found; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use); and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf or the owner of an exclusive right under the copyright that is allegedly infringed. The Companies’ Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Talkiatry, 109 W 27th Street, Suite 5S, New York, NY 10001.
We welcome feedback, comments and suggestions for improvements to the Site (“Feedback”). You can submit Feedback by emailing us at [email protected] You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND CONTENT (INCLUDING USER SUBMISSIONS) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND THE COMPANIES AND APPLICABLE LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. FURTHERMORE, THE COMPANIES AND APPLICABLE LICENSORS DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. ANY MATERIAL OBTAINED THROUGH THE USE OF THIS SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
The Companies control this Site from offices within the US, and your data is stored in a database managed by Talkiatry in the US. The Companies make no representation that this Site is appropriate, or is available for use outside the US. Access to and use of this Site where the Content or access or use of this Site is illegal is prohibited. Those who choose to access and use this Site from outside the US do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANIES NOR APPLICABLE LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR CONTENT OR ANY SITE OR CONTENT LINKED FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. YOU MAY HAVE OTHER RIGHTS UNDER THE TERMS OF SERVICE IF THEY APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.
AGREEMENT TO ARBITRATE
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
ARBITRATION LOCATION AND PROCEDURE
Unless you and the Companies otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and the Companies submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. The Companies will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, the Companies will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Links to or from Third Party Web Sites
We do not endorse and are not responsible for the information and security practices or privacy policies of web sites operated by others that may be linked to or from this Site. No web sites that link to this Site may frame or otherwise incorporate the Content on this Site.
We may terminate your access to and use to the Site, at our sole discretion, at any time and without any notice to you.
Waiver and Severability