Thank you for choosing SympLiving. By registering on this site or otherwise using the SympLiving website and/or mobile applications, (the "Services"), or accessing any content or material that is made available by SympLiving, You, as a Client, are entering into a binding contract with SympLiving. As a Client on SympLiving, working with one of our Independent Practitioners, 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 SympLiving.
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.
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.
SympLiving does not employ the Practitioners matched through this site. Practitioners act as INDEPENDENT CONTRACTORS to SympLiving. SympLiving carefully screens Practitioner applicants. We use particularly careful screening methods for mental health Practitioners, using licensed professional in the Therapy field and insist on evidence of the applicant's credentials. The Practitioners are neither our employees nor agents nor representatives. Furthermore, we assume no responsibility for any act, omission or wrongdoing of any Practitioner. While the site will help Client match with a Practitioner and will help Client find a new Practitioner if the match is unsuccessful, the Site makes no representation or warranty whatsoever as to whether you will find the Services relevant, useful, correct, satisfactory or suitable to your needs.
SYMPLIVING PROMOTES INFORMED CONSENT. THE RISKS AND BENEFITS OF USING REMOTE DIGITAL DEVICES FOR THERAPY SERVICES ARE LISTED THROUGHOUT THE WEBSITE AND SHOULD BE DISCUSSED WITH YOU BY YOUR INDIVIDUAL PRACTITIONER. IF THEY DO NOT OR YOU WOULD LIKE FURTHER INFORMATION IT IS YOUR RESPONSIBILITY TO REACH OUT TO THE SYMPLIVING HELP DESK.
While SympLiving does research and verify certain documents of the Practitioners practicing through the SympLiving technology, we do not guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence or background of any Practitioner. Client's relationship relating to the Practitioner services is strictly with the Practitioner. SympLiving is not involved with the actual substance of that relationship and we do not validate or control any of the Practitioner Services. You are advised to exercise a high level of care and caution in the use of SympLiving. You agree, confirm and acknowledge that you are aware of the fact that in some cases, SympLiving's offered services may not completely substitute for face-to-face sessions with a Practitioner. You should never rely on or make health or well-being decisions purely on use of SympLiving. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare Practitioner, or by traditional face-to-face appointment; because of information or advice you received through SympLiving.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. SYMPLIVING PROVIDES LINKS AND NUMBERS ON ITS HOME PAGE.
While SympLiving protects and honors your Privacy, Independent Contracting Practitioners' practicing through SympLiving retain a "Duty to Warn" as regulated by their State Ethics and License Regulations and Client acknowledges that any solicitation of advice from SympLiving does diminish that duty which may include transmittal of Client's location, IP address or personal identification to proper authorities.
Client affirmatively grants permission to SympLiving to have their matched Independent Practitioner periodically provide clinical assessments of Client progress to SympLiving. Client understands that clinical assessments serve to provide information on your mental health and well-being, and that results can be seen by your Practitioner to discuss with you.
Client affirmatively consents to the above review of Client's otherwise HIPAA protected communications by SympLiving when the above conditions are present.
All de-identified data, meta-data and research data collected by SympLiving through Client's of SympLiving remains the sole property of SympLiving and its corporate owners. Client has no rights to the ownership, removal or deletion of data on the Platform. All data kept by SympLiving and stored as part of Agreement with Practitioner and Client will be securely stored in at least HIPAA level secure storage systems.
Client agrees that SympLiving 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 SympLiving. In no event will SympLiving 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 SympLiving, 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 SympLiving or on the mobile SympLiving 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 SympLiving. SympLiving does not endorse the content on any third-party websites. SympLiving 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. SympLiving 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.
Client confirms and acknowledges that SympLiving may modify, suspend, disrupt or discontinue SympLiving or any part of the SympLiving.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 SympLiving 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 SympLiving 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. SympLiving does not guarantee that the website or mobile applications will be uninterrupted or that it will be secure, consistent, timely or error-free.
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.
Client hereby grants to SympLiving 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. SympLiving 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, SympLiving 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 SympLiving, including but not limited to text, graphics, domain names, code, images and logos are the intellectual property of SympLiving, 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.
"SympLiving" and "Unlimited Messaging Therapy" are copyright terms. All rights reserved.
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.
Where permitted under applicable law, SympLiving 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 SympLiving 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 SympLiving agree that any dispute, claim, or controversy between you and SympLiving relating in any way to this Agreement or to Your use of SympLiving 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 SympLiving may demand and/or file arbitration proceedings. Arbitration between Client and SympLiving 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 SympLiving.
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 SympLiving website.
In the event that SympLiving makes any future change to this arbitration provision (other than a change to the SympLiving 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 SympLiving 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, SYMPLIVING 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.
SympLiving 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 SympLiving Gift Cards.
SympLiving 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. SympLiving 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. SympLiving 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.
SYMPLIVING, 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 SYMPLIVING'S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE.
SYMPLIVING, IT'S CONTRACTORS, EMPLOYEES AND/OR REPRESENTATIVES DO NOT GIVE LEGAL ADVICE IN ANY CAPACITY.
This Agreement notice was last updated on February 28th, 2017 and is deemed effective as of this date.