WithTherapy User Terms of Use
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Introduction
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Acceptance
By using the WithTherapy Platform (the "Platform"), you agree to be bound by these Terms of Use (the "Terms"). If you do not agree to these Terms, you may not use the Platform.
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Modification of Terms
WithTherapy reserves the right to modify these Terms at any time. Changes to the Terms will be effective when posted on the Platform. Your continued use of the Platform constitutes your agreement to the updated Terms.
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Acceptance
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Platform and Services
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Overview
The Platform and Services allows you to search for and connect with mental health professionals ("Therapists"). WithTherapy does not provide or deliver any therapy mental health, or medical services.
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Eligibility To use the Platform
You must be at least 18 years old or have obtained the consent of your parent or guardian.
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Changes to the Platform
WithTherapy reserves the right to modify, suspend, or discontinue the Platform or any part thereof, with or without notice.
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No Professional Advice
The information provided on the Platform is for general informational purposes only and does not constitute professional advice. You should consult with a qualified professional to address your specific concerns.
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Overview
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License to Use the Platform and Services
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Limited License
WithTherapy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use, subject to your compliance with these Terms.
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License Restrictions
You agree not to use the Platform for any purpose other than as permitted by these Terms, and you shall not reproduce, copy, distribute, or create derivative works from any content, information, or materials available on the Platform, except as expressly authorized by WithTherapy.
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Reservation of Rights
WithTherapy reserves all rights not expressly granted in these Terms.
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Limited License
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Content and Intellectual Property Rights
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Content Ownership
All content, including but not limited to text, images, graphics, logos, and software, provided on the Platform is the property of WithTherapy or its licensors and is protected by applicable intellectual property laws.
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Content License
Subject to these Terms, WithTherapy grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the content solely for your personal, non-commercial use.
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Feedback
You may provide feedback, suggestions, or ideas to WithTherapy about the Platform ("Feedback"). By providing Feedback, you grant WithTherapy a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, sublicense, and distribute the Feedback for any purpose without any compensation or attribution to you.
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Intellectual Property Rights
All intellectual property rights, including but not limited to copyrights, trademarks, and patents, in the Platform and its content are owned by WithTherapy or its licensors. Nothing in these Terms grants you any rights, title, or interest in or to any intellectual property rights
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Content Ownership
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User Conduct
You agree not to engage in any unlawful, harassing, or offensive conduct while using the Platform, and you shall comply with all applicable laws, rules, and regulations.
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Third-Party Materials and Services
The Platform may contain links to third-party websites or services, which are not controlled by WithTherapy. You acknowledge and agree that WithTherapy is not responsible for any content, products, or services available on such third-party websites or services, and you access and use them at your own risk. You should review the terms and conditions and privacy policies of any third-party websites or services that you visit.
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Disclaimers
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No Warranty
The Platform and its content are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. WithTherapy does not warrant that the Platform will be error-free, uninterrupted, secure, or available at all times.
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No Endorsement
WithTherapy does not endorse, recommend, or guarantee any Therapist, and the inclusion of a Therapist on the Platform does not imply any such endorsement, recommendation, or guarantee. You are responsible for selecting a Therapist, and your reliance on any information or content provided by the Therapist is at your own risk.
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No Warranty
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Limitation of Liability
In no event will WithTherapy, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to your use of the Platform or any content, information, or materials available on the Platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if WithTherapy has been advised of the possibility of such damages.
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Indemnification
You agree to indemnify, defend, and hold harmless WithTherapy, its affiliates, and their respective officers, directors, employees, and agents 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 or your use of the Platform, including but not limited to any information or content that you submit, post, or transmit through the Platform.
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Dispute Resolution
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Applicability of Arbitration Agreement
You and WithTherapy agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or the Services, or the breach, termination, enforcement, interpretation, or validity thereof, will be resolved by binding arbitration, rather than in court, except that you and WithTherapy each retain the right to bring an individual action in small claims court.
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Informal Dispute Resolution
Before either party initiates arbitration, you and WithTherapy agree to first attempt to resolve any dispute informally. To begin the informal dispute resolution process, the party intending to initiate arbitration must first provide the other party with a written notice of the dispute, including a brief description of the nature of the dispute and the party's request for relief, and allow the other party thirty (30) days to attempt to resolve the dispute.
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Waiver of Jury Trial
You and WithTherapy hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury.
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Waiver of Class and Other Non-Individualized Relief
You and WithTherapy agree that each party may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and WithTherapy agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
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Rules and Forum
The arbitration will 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 AAA Rules are available at www.adr.org. The arbitration will be held in Washington, D.C., or another location mutually agreed upon by the parties.
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Arbitrator
The arbitrator, and not any court or agency, will have exclusive authority to resolve any dispute 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.
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Authority of Arbitrator
The arbitrator will decide the rights and liabilities, if any, of you and WithTherapy. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator will issue a written award and a statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.
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Attorneys' Fees and Costs
Parties shall bear their own attorneys' fees and costs in arbitration, unless the arbitrator determines a claim or defense to be frivolous or for an improper purpose (as per Federal Rule of Civil Procedure 11(b)). If a court order is needed to compel arbitration, the prevailing party can collect reasonable costs and attorneys' fees. The prevailing party in court actions relating to pre-arbitration conditions, including the Informal Dispute Resolution Process, can also recover reasonable costs and attorneys' fees
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Applicability of Arbitration Agreement
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Term and Termination
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Term
These Terms shall remain in full force and effect while you use the Platform.
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Effect of Termination
Upon termination of your use of the Platform, you will no longer have access to any features or content available on the Platform. All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
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Term
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Amendment
We may amend these Terms from time to time by posting the amended Terms on the Platform. Your continued use of the Platform after the posting of any changes constitutes your acceptance of the amended Terms.
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General Provisions
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Communications
We may communicate with you by posting notices on the Platform. 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.
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Questions, Complaints, Claims
If you have any questions, complaints, or claims regarding the Platform, please contact us at support@withtherapy.com.
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Entire Agreement
These Terms, together with any applicable Supplemental Terms and the Privacy Policy, constitute the entire agreement between you and WithTherapy with respect to the subject matter hereof, and supersede any prior or contemporaneous agreements, understandings, or representations, whether written or oral, relating to the same subject matter.
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Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
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Assignment
These Terms are not assignable, transferable, or sublicensable by you except with WithTherapy's prior written consent. WithTherapy may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
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No Waiver
No waiver of any term, provision, or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision, or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision, or condition hereof.
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Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
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Venue
Any legal action or proceeding arising out of or relating to these Terms or your use of the Platform shall be brought exclusively in the federal or state courts located in State of Delaware. You consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court.
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Force Majeure
WithTherapy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
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Communications