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"What if visiting a therapist for a checkup were as accessible and acceptable as a visit to the neighborhood gym?
about TalkSession specialist criteria:
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TalkSession
Provider Terms of Service
Last updated: April 15, 2013
Thank you for registering with TalkSession. Through www.talksession.com (the “Site”), TalkSession Inc. (“TalkSession”) is dedicated to helping people easily find and connect with wellness professionals (“Wellness Professional” or “you”) who meet their needs (together with the Site, the “Service”). These Terms of Service (“Terms”) govern your registration with the Site, access to and use of the Site and related services, so please read them carefully before registering with the Site and using the services. As our business grows and we add new functionality to the Site and Services, we may revise these Terms periodically. If we do, we will post the changes here. Your continued use of the Site after any changes are posted constitutes your acceptance of the new Terms.
Your Use of Service:
In order to register with, access or use the Service, may be required to provide the following current and accurate information:
- Identification and contact information, including e-mail address;
- Biographical information, including background, education and expertise;
- State license number or other professional registration information; and
- A photograph.
TalkSession, in its discretion, may elect to, but will not be required to, prepare a detailed written profile based upon the information that you provide to us. TalkSession, in its discretion, may also elect to, but will not be required to, secure a photographer to take a professional photograph of you for display on the Service. By participating in the Service, you agree that TalkSession has the right to post your biographical information and photographs on the Service.
You are responsible for providing complete and accurate information and for maintaining the accuracy and completeness of all information you provide to TalkSession or otherwise make available through the Service. You are also for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You will be fully responsible for all activities that occur under your account or registration, including activities of others to whom you have provided your username or password so please notify TalkSession immediately of any unauthorized use of your account or any other breach of security.
We Do Not Provide Medical Advice:
TalkSession will provide the infrastructure for you to showcase your experience and expertise and to connect with users who can benefit from your
expertise. TALKSESSION DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT BOUND BY PROFESSIONAL CONFIDENTIALITY STANDARDS. Nothing on the Site should be construed
as an attempt to offer or render a medical or mental health opinion or otherwise engage in the practice of medicine by TalkSession.
Modifications to Service and Data:
The Service may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Service (or a part of the
Service) or access to any Wellness Professional through the Service from time to time without prior notice to you, and Wellness Professionals may
discontinue their association with us at any time without prior notice to you. Please backup your data as TalkSession has no responsibility for the
deletion or failure to store any data or other content maintained or transmitted by the Service. TalkSession reserves the right to terminate accounts that
are inactive for an extended period of time.
Age:
Users must be 18 years of age to use this Service, with or without registering. If you become aware that any user is under the age of 18, please notify
TalkSession immediately.
Authorization and Acknowledgment:
In connection with using the Site and the Services to locate and schedule appointments with Wellness Professionals, you understand that:
In-Session Communications:
TalkSession is not the source of, does not have any control over, does not monitor and takes no responsibility for the content of communications made
during or in the context of a counseling session making use of the Site or any Wellness Professional on the Site. By using the Site, users agree that any
content that they submit may be transmitted to their chosen Wellness Professional, and vice versa. The content of communications is entirely the
responsibility of the person from whom such content originated.
Conditions of Use
You are solely responsible for all information, data, text, video, photographs, messages or other materials (“content”) that you upload, post, publish or display (“post”) or email or otherwise transmit or use via the Service, or which you provide to TalkSession. You agree to not use the Service to post, email or otherwise transmit any content that is unlawful, threatening, unsolicited or, in the sole judgment of TalkSession, restricts or inhibits any other person from using or enjoying the Service, or which may expose TalkSession or its users to any harm or liability of any type. You also agree to provide accurate, up-to-date information. You hereby grant TalkSession the irrevocable, worldwide, perpetual transferable right to post and make publicly available your biographical, education, expertise and contact information on the Site.
Photographs:
TalkSession may take a photographs of certain Wellness Providers for the Site. You hereby grant to TalkSession and its affiliates the irrevocable, worldwide, perpetual transferable right to: (a) take or record pictures of you for use on the Site; (b) use your name, likeness, appearance, voice or image taken in connection with the Site (the “Recordings”) and (c) make publicly available, publicly display, post online, broadcast, or otherwise distribute the Recordings, in whole or in parts, and either alone or with other recordings, via any media or format now known or hereafter developed, for commercial or non-commercial display, or any other purpose that the TalkSession in its sole discretion may determine.
Wellness Professionals must pay an initial setup fee to TalkSession in order to register to be a Wellness Professional on our Site, and pay a monthly subscription fee to maintain their registration. TalkSession may also require additional payments for optional services and features.
TalkSession may allow users to book appointments with Wellness Professionals through the Site. TalkSession will use a third-party payment processor for such booking. The third-party payment processor (and not TalkSession) is responsible for collecting and processing credit card and other payment information and TalkSession does not collect or store your credit or debit card number or other financial information. We suggest contacting the third-party payment process directly for information on its terms of use and privacy policy, including information on its eligibility requirements, authentication and fraud prevention measures and security measures. You can find Stripe’s privacy policy athttps://stripe.com/us/privacy and its terms of service at https://stripe.com/us/terms. If a User provides financial information directly to a Wellness Professional, the Wellness Professional, and not TalkSession, is responsible for maintain the privacy and security of such financial Information.
TalkSession may connect Wellness Professionals and users by suggesting matches for professional services and providing the user with contact information for the Wellness Professional.
If a user books an appointment directly with a Wellness Professional, session cancellation policies and fee amounts will be solely at the discretion of the Wellness Professional. Please discuss any cancellation policies, fees and penalties with each user. If a user books an appointment with a Wellness Professional through TalkSession, then TalkSession will charge the user the full amount of the appointment 24 hour in advance of the appointment. No amount will be refunded if the user cancels within 24 hours of the appointment time.
TalkSession is not responsible for missed or late appointments resulting from technology outages or issues. Rescheduling sessions because of technological issues without additional payment is solely determined by the Wellness Professional. If there are any technological issues, they should be reported immediately to payments@talksession.com.
Intellectual Property Rights
Service Content, Software and Trademarks:
The Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.
Except as expressly authorized by TalkSession, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Service Content, in whole or in part. If you are eligible to use the Service, you are granted a limited license to access and
use the Site and the Service Content and to download or print a copy of the Service Content you have provided or to which another user has properly granted
you access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You are not permitted to
use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as authorized
by these Terms is strictly prohibited and will terminate the license granted here. The technology and software underlying the Service is the property of
TalkSession, our affiliates and our partners (the “Software”). You agree not to reverse engineer, reverse assemble or otherwise attempt to discover any
source code version of the Software. We reserve all right, title and interest in and to the Software and Service Content, except for the limited rights
expressly granted in these Terms.
The TalkSession name and logo are trademarks and service marks of TalkSession (collectively the “TalkSession Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TalkSession. You may not use any of TalkSession Trademarks without our prior written permission.
Third Party Material:
TalkSession will not be liable for any content posted by third parties, Wellness Professionals or at the direction of users; you must evaluate the accuracy
and usefulness of this content. TalkSession does not pre-screen content, but TalkSession and its designees will have the right (but not the obligation) to
refuse or remove any content that is available via the Service, including the right to remove any content that violates the Terms or is deemed by
TalkSession to be objectionable.
User Content Posted on the Site:
You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or
recipients (collectively, “User Content”). You may not post any content that you did not create or that you do not own. By posting User Content you hereby
grant and will grant TalkSession and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable,
perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation,
advertising or marketing of the Service, in any form now known or later developed.
We welcome your comments, questions, suggestions and feedback about the Site or the Service (“Submissions”)! But be aware that any comments or suggestions you make to TalkSession are non-confidential and become the property of TalkSession, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright Complaints:
TalkSession respects the intellectual property of others, and we ask our users to do the same. TalkSession will promptly process and investigate notices of
alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws
with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that
your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
TalkSession's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent
TalkSession Technologies, Inc.
copyright@talksession.com
Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, TalkSession has adopted a policy of terminating, in appropriate circumstances and at TalkSession's
sole discretion, members who are deemed to be repeat infringers. TalkSession may also at its sole discretion limit access to the Site and/or terminate the
memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service, Wellness Professionals or third parties may provide content, links or otherwise direct users to other sites and resources on the Internet. TalkSession has no control over such sites and resources and TalkSession is not responsible for and does not endorse such sites and resources. TalkSession will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource. Information regarding Wellness Professionals, including biographical and contact information, is provided to TalkSession by the Wellness Professional and TalkSession does not verify the accuracy of such information.
By using the Service you agree to release, discharge and hold harmless TalkSession and its subsidiaries and affiliates (the “TalkSession Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
You agree to indemnify and hold TalkSession and the TalkSession Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Service, or publicly distributed on the web, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TALKSESSION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TALKSESSION MAKES NO WARRANTY THAT (I) THE SERVICE WILL BE EFFECTIVE, WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS OR ERRORS, WILL BE RELIABLE OR ACCURATE, OR WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ACCESSIBLE AT TIMES OR LOCATIONS OF YOUR CHOOSING, (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE TIMELY, OR COMPLETE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, ADVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TALKSESSION MAKES NO WARRANTIES ABOUT THE SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROGUH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR ANY THIRD PARTIES ON THIS SITE OR ANY OTHER WEB SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TALKSESSION AND THE TALKSESSION ENTITIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TALKSESSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL TALKSESSION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
TALKSESSION WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY ANY USER ON INFORMATION OR ADVICE PROVIDED BY ANY WELLNESS PROFESSIONAL.
You agree that TalkSession, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason. Furthermore, any Wellness Professional may terminate their association with the Service or with you at any time and for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. TalkSession will not be liable to you or any third-party for any termination of your access to the Service.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most Wellness Provider concerns can be resolved quickly and to the Wellness Provider’s satisfaction by emailing user support. In the unlikely event that our user care team is unable to resolve a complaint you may have (or if TalkSession has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. If you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
Arbitration Agreement
TalkSession and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
· claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
· claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
· claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
References to ‘TalkSession’, ‘you’, and ‘us’ include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and TalkSession are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (‘Notice’). The Notice to TalkSession should be addressed to TalkSession at 460 Cervantes Road, Portola Valley, CA, 94028 (‘Arbitration Notice Address’). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (‘Demand’). If TalkSession and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or TalkSession may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by TalkSession or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or TalkSession is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, ‘AAA Rules’) of the American Arbitration Association (‘AAA’), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless TalkSession and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. TalkSession will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA Rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND TALKSESSION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TalkSession 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Terms to the contrary, we agree that if TalkSession makes any future change to this arbitration provision (other than a change to the Arbitration Notice Address) while you are a Wellness Provider or user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
General
The Terms constitute the entire agreement between you and TalkSession and govern your use of the Service, superseding any prior agreements between you and TalkSession with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and TalkSession agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
At TalkSession we respect the privacy of our users and have outlined our collection, use and disclosure of personal information and registration data in our Privacy Policy. By using the Services, you accept and agree with all provisions of the Privacy Policy.
TalkSession
Provider Terms of Service
Last updated: April 15, 2013
Thank you for registering with TalkSession. Through www.talksession.com (the “Site”), TalkSession Inc. (“TalkSession”) is dedicated to helping people easily find and connect with wellness professionals (“Wellness Professional” or “you”) who meet their needs (together with the Site, the “Service”). These Terms of Service (“Terms”) govern your registration with the Site, access to and use of the Site and related services, so please read them carefully before registering with the Site and using the services. As our business grows and we add new functionality to the Site and Services, we may revise these Terms periodically. If we do, we will post the changes here. Your continued use of the Site after any changes are posted constitutes your acceptance of the new Terms.
Your Use of Service:
In order to register with, access or use the Service, may be required to provide the following current and accurate information:
- Identification and contact information, including e-mail address;
- Biographical information, including background, education and expertise;
- State license number or other professional registration information; and
- A photograph.
TalkSession, in its discretion, may elect to, but will not be required to, prepare a detailed written profile based upon the information that you provide to us. TalkSession, in its discretion, may also elect to, but will not be required to, secure a photographer to take a professional photograph of you for display on the Service. By participating in the Service, you agree that TalkSession has the right to post your biographical information and photographs on the Service.
You are responsible for providing complete and accurate information and for maintaining the accuracy and completeness of all information you provide to TalkSession or otherwise make available through the Service. You are also for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You will be fully responsible for all activities that occur under your account or registration, including activities of others to whom you have provided your username or password so please notify TalkSession immediately of any unauthorized use of your account or any other breach of security.
We Do Not Provide Medical Advice:
TalkSession will provide the infrastructure for you to showcase your experience and expertise and to connect with users who can benefit from your
expertise. TALKSESSION DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT BOUND BY PROFESSIONAL CONFIDENTIALITY STANDARDS. Nothing on the Site should be construed
as an attempt to offer or render a medical or mental health opinion or otherwise engage in the practice of medicine by TalkSession.
Modifications to Service and Data:
The Service may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Service (or a part of the
Service) or access to any Wellness Professional through the Service from time to time without prior notice to you, and Wellness Professionals may
discontinue their association with us at any time without prior notice to you. Please backup your data as TalkSession has no responsibility for the
deletion or failure to store any data or other content maintained or transmitted by the Service. TalkSession reserves the right to terminate accounts that
are inactive for an extended period of time.
Age:
Users must be 18 years of age to use this Service, with or without registering. If you become aware that any user is under the age of 18, please notify
TalkSession immediately.
Authorization and Acknowledgment:
In connection with using the Site and the Services to locate and schedule appointments with Wellness Professionals, you understand that:
In-Session Communications:
TalkSession is not the source of, does not have any control over, does not monitor and takes no responsibility for the content of communications made
during or in the context of a counseling session making use of the Site or any Wellness Professional on the Site. By using the Site, users agree that any
content that they submit may be transmitted to their chosen Wellness Professional, and vice versa. The content of communications is entirely the
responsibility of the person from whom such content originated.
Conditions of Use
You are solely responsible for all information, data, text, video, photographs, messages or other materials (“content”) that you upload, post, publish or display (“post”) or email or otherwise transmit or use via the Service, or which you provide to TalkSession. You agree to not use the Service to post, email or otherwise transmit any content that is unlawful, threatening, unsolicited or, in the sole judgment of TalkSession, restricts or inhibits any other person from using or enjoying the Service, or which may expose TalkSession or its users to any harm or liability of any type. You also agree to provide accurate, up-to-date information. You hereby grant TalkSession the irrevocable, worldwide, perpetual transferable right to post and make publicly available your biographical, education, expertise and contact information on the Site.
Photographs:
TalkSession may take a photographs of certain Wellness Providers for the Site. You hereby grant to TalkSession and its affiliates the irrevocable, worldwide, perpetual transferable right to: (a) take or record pictures of you for use on the Site; (b) use your name, likeness, appearance, voice or image taken in connection with the Site (the “Recordings”) and (c) make publicly available, publicly display, post online, broadcast, or otherwise distribute the Recordings, in whole or in parts, and either alone or with other recordings, via any media or format now known or hereafter developed, for commercial or non-commercial display, or any other purpose that the TalkSession in its sole discretion may determine.
Wellness Professionals must pay an initial setup fee to TalkSession in order to register to be a Wellness Professional on our Site, and pay a monthly subscription fee to maintain their registration. TalkSession may also require additional payments for optional services and features.
TalkSession may allow users to book appointments with Wellness Professionals through the Site. TalkSession will use a third-party payment processor for such booking. The third-party payment processor (and not TalkSession) is responsible for collecting and processing credit card and other payment information and TalkSession does not collect or store your credit or debit card number or other financial information. We suggest contacting the third-party payment process directly for information on its terms of use and privacy policy, including information on its eligibility requirements, authentication and fraud prevention measures and security measures. You can find Stripe’s privacy policy athttps://stripe.com/us/privacy and its terms of service at https://stripe.com/us/terms. If a User provides financial information directly to a Wellness Professional, the Wellness Professional, and not TalkSession, is responsible for maintain the privacy and security of such financial Information.
TalkSession may connect Wellness Professionals and users by suggesting matches for professional services and providing the user with contact information for the Wellness Professional.
If a user books an appointment directly with a Wellness Professional, session cancellation policies and fee amounts will be solely at the discretion of the Wellness Professional. Please discuss any cancellation policies, fees and penalties with each user. If a user books an appointment with a Wellness Professional through TalkSession, then TalkSession will charge the user the full amount of the appointment 24 hour in advance of the appointment. No amount will be refunded if the user cancels within 24 hours of the appointment time.
TalkSession is not responsible for missed or late appointments resulting from technology outages or issues. Rescheduling sessions because of technological issues without additional payment is solely determined by the Wellness Professional. If there are any technological issues, they should be reported immediately to payments@talksession.com.
Intellectual Property Rights
Service Content, Software and Trademarks:
The Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.
Except as expressly authorized by TalkSession, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Service Content, in whole or in part. If you are eligible to use the Service, you are granted a limited license to access and
use the Site and the Service Content and to download or print a copy of the Service Content you have provided or to which another user has properly granted
you access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You are not permitted to
use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as authorized
by these Terms is strictly prohibited and will terminate the license granted here. The technology and software underlying the Service is the property of
TalkSession, our affiliates and our partners (the “Software”). You agree not to reverse engineer, reverse assemble or otherwise attempt to discover any
source code version of the Software. We reserve all right, title and interest in and to the Software and Service Content, except for the limited rights
expressly granted in these Terms.
The TalkSession name and logo are trademarks and service marks of TalkSession (collectively the “TalkSession Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TalkSession. You may not use any of TalkSession Trademarks without our prior written permission.
Third Party Material:
TalkSession will not be liable for any content posted by third parties, Wellness Professionals or at the direction of users; you must evaluate the accuracy
and usefulness of this content. TalkSession does not pre-screen content, but TalkSession and its designees will have the right (but not the obligation) to
refuse or remove any content that is available via the Service, including the right to remove any content that violates the Terms or is deemed by
TalkSession to be objectionable.
User Content Posted on the Site:
You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or
recipients (collectively, “User Content”). You may not post any content that you did not create or that you do not own. By posting User Content you hereby
grant and will grant TalkSession and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable,
perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation,
advertising or marketing of the Service, in any form now known or later developed.
We welcome your comments, questions, suggestions and feedback about the Site or the Service (“Submissions”)! But be aware that any comments or suggestions you make to TalkSession are non-confidential and become the property of TalkSession, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright Complaints:
TalkSession respects the intellectual property of others, and we ask our users to do the same. TalkSession will promptly process and investigate notices of
alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws
with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that
your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
TalkSession's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent
TalkSession Technologies, Inc.
copyright@talksession.com
Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, TalkSession has adopted a policy of terminating, in appropriate circumstances and at TalkSession's
sole discretion, members who are deemed to be repeat infringers. TalkSession may also at its sole discretion limit access to the Site and/or terminate the
memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service, Wellness Professionals or third parties may provide content, links or otherwise direct users to other sites and resources on the Internet. TalkSession has no control over such sites and resources and TalkSession is not responsible for and does not endorse such sites and resources. TalkSession will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource. Information regarding Wellness Professionals, including biographical and contact information, is provided to TalkSession by the Wellness Professional and TalkSession does not verify the accuracy of such information.
By using the Service you agree to release, discharge and hold harmless TalkSession and its subsidiaries and affiliates (the “TalkSession Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
You agree to indemnify and hold TalkSession and the TalkSession Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Service, or publicly distributed on the web, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TALKSESSION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TALKSESSION MAKES NO WARRANTY THAT (I) THE SERVICE WILL BE EFFECTIVE, WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS OR ERRORS, WILL BE RELIABLE OR ACCURATE, OR WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ACCESSIBLE AT TIMES OR LOCATIONS OF YOUR CHOOSING, (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE TIMELY, OR COMPLETE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, ADVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TALKSESSION MAKES NO WARRANTIES ABOUT THE SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROGUH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR ANY THIRD PARTIES ON THIS SITE OR ANY OTHER WEB SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TALKSESSION AND THE TALKSESSION ENTITIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TALKSESSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL TALKSESSION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
TALKSESSION WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY ANY USER ON INFORMATION OR ADVICE PROVIDED BY ANY WELLNESS PROFESSIONAL.
You agree that TalkSession, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason. Furthermore, any Wellness Professional may terminate their association with the Service or with you at any time and for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. TalkSession will not be liable to you or any third-party for any termination of your access to the Service.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most Wellness Provider concerns can be resolved quickly and to the Wellness Provider’s satisfaction by emailing user support. In the unlikely event that our user care team is unable to resolve a complaint you may have (or if TalkSession has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. If you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
Arbitration Agreement
TalkSession and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
· claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
· claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
· claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
References to ‘TalkSession’, ‘you’, and ‘us’ include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and TalkSession are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (‘Notice’). The Notice to TalkSession should be addressed to TalkSession at 460 Cervantes Road, Portola Valley, CA, 94028 (‘Arbitration Notice Address’). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (‘Demand’). If TalkSession and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or TalkSession may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by TalkSession or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or TalkSession is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, ‘AAA Rules’) of the American Arbitration Association (‘AAA’), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless TalkSession and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. TalkSession will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA Rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND TALKSESSION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TalkSession 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Terms to the contrary, we agree that if TalkSession makes any future change to this arbitration provision (other than a change to the Arbitration Notice Address) while you are a Wellness Provider or user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
General
The Terms constitute the entire agreement between you and TalkSession and govern your use of the Service, superseding any prior agreements between you and TalkSession with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and TalkSession agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
At TalkSession we respect the privacy of our users and have outlined our collection, use and disclosure of personal information and registration data in our Privacy Policy. By using the Services, you accept and agree with all provisions of the Privacy Policy.
TalkSession
Provider Terms of Service
Last updated: April 15, 2013
Thank you for registering with TalkSession. Through www.talksession.com (the “Site”), TalkSession Inc. (“TalkSession”) is dedicated to helping people easily find and connect with wellness professionals (“Wellness Professional” or “you”) who meet their needs (together with the Site, the “Service”). These Terms of Service (“Terms”) govern your registration with the Site, access to and use of the Site and related services, so please read them carefully before registering with the Site and using the services. As our business grows and we add new functionality to the Site and Services, we may revise these Terms periodically. If we do, we will post the changes here. Your continued use of the Site after any changes are posted constitutes your acceptance of the new Terms.
Your Use of Service:
In order to register with, access or use the Service, may be required to provide the following current and accurate information:
- Identification and contact information, including e-mail address;
- Biographical information, including background, education and expertise;
- State license number or other professional registration information; and
- A photograph.
TalkSession, in its discretion, may elect to, but will not be required to, prepare a detailed written profile based upon the information that you provide to us. TalkSession, in its discretion, may also elect to, but will not be required to, secure a photographer to take a professional photograph of you for display on the Service. By participating in the Service, you agree that TalkSession has the right to post your biographical information and photographs on the Service.
You are responsible for providing complete and accurate information and for maintaining the accuracy and completeness of all information you provide to TalkSession or otherwise make available through the Service. You are also for maintaining the confidentiality of your username and password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You will be fully responsible for all activities that occur under your account or registration, including activities of others to whom you have provided your username or password so please notify TalkSession immediately of any unauthorized use of your account or any other breach of security.
We Do Not Provide Medical Advice:
TalkSession will provide the infrastructure for you to showcase your experience and expertise and to connect with users who can benefit from your
expertise. TALKSESSION DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT BOUND BY PROFESSIONAL CONFIDENTIALITY STANDARDS. Nothing on the Site should be construed
as an attempt to offer or render a medical or mental health opinion or otherwise engage in the practice of medicine by TalkSession.
Modifications to Service and Data:
The Service may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Service (or a part of the
Service) or access to any Wellness Professional through the Service from time to time without prior notice to you, and Wellness Professionals may
discontinue their association with us at any time without prior notice to you. Please backup your data as TalkSession has no responsibility for the
deletion or failure to store any data or other content maintained or transmitted by the Service. TalkSession reserves the right to terminate accounts that
are inactive for an extended period of time.
Age:
Users must be 18 years of age to use this Service, with or without registering. If you become aware that any user is under the age of 18, please notify
TalkSession immediately.
Authorization and Acknowledgment:
In connection with using the Site and the Services to locate and schedule appointments with Wellness Professionals, you understand that:
In-Session Communications:
TalkSession is not the source of, does not have any control over, does not monitor and takes no responsibility for the content of communications made
during or in the context of a counseling session making use of the Site or any Wellness Professional on the Site. By using the Site, users agree that any
content that they submit may be transmitted to their chosen Wellness Professional, and vice versa. The content of communications is entirely the
responsibility of the person from whom such content originated.
Conditions of Use
You are solely responsible for all information, data, text, video, photographs, messages or other materials (“content”) that you upload, post, publish or display (“post”) or email or otherwise transmit or use via the Service, or which you provide to TalkSession. You agree to not use the Service to post, email or otherwise transmit any content that is unlawful, threatening, unsolicited or, in the sole judgment of TalkSession, restricts or inhibits any other person from using or enjoying the Service, or which may expose TalkSession or its users to any harm or liability of any type. You also agree to provide accurate, up-to-date information. You hereby grant TalkSession the irrevocable, worldwide, perpetual transferable right to post and make publicly available your biographical, education, expertise and contact information on the Site.
Photographs:
TalkSession may take a photographs of certain Wellness Providers for the Site. You hereby grant to TalkSession and its affiliates the irrevocable, worldwide, perpetual transferable right to: (a) take or record pictures of you for use on the Site; (b) use your name, likeness, appearance, voice or image taken in connection with the Site (the “Recordings”) and (c) make publicly available, publicly display, post online, broadcast, or otherwise distribute the Recordings, in whole or in parts, and either alone or with other recordings, via any media or format now known or hereafter developed, for commercial or non-commercial display, or any other purpose that the TalkSession in its sole discretion may determine.
Wellness Professionals must pay an initial setup fee to TalkSession in order to register to be a Wellness Professional on our Site, and pay a monthly subscription fee to maintain their registration. TalkSession may also require additional payments for optional services and features.
TalkSession may allow users to book appointments with Wellness Professionals through the Site. TalkSession will use a third-party payment processor for such booking. The third-party payment processor (and not TalkSession) is responsible for collecting and processing credit card and other payment information and TalkSession does not collect or store your credit or debit card number or other financial information. We suggest contacting the third-party payment process directly for information on its terms of use and privacy policy, including information on its eligibility requirements, authentication and fraud prevention measures and security measures. You can find Stripe’s privacy policy athttps://stripe.com/us/privacy and its terms of service at https://stripe.com/us/terms. If a User provides financial information directly to a Wellness Professional, the Wellness Professional, and not TalkSession, is responsible for maintain the privacy and security of such financial Information.
TalkSession may connect Wellness Professionals and users by suggesting matches for professional services and providing the user with contact information for the Wellness Professional.
If a user books an appointment directly with a Wellness Professional, session cancellation policies and fee amounts will be solely at the discretion of the Wellness Professional. Please discuss any cancellation policies, fees and penalties with each user. If a user books an appointment with a Wellness Professional through TalkSession, then TalkSession will charge the user the full amount of the appointment 24 hour in advance of the appointment. No amount will be refunded if the user cancels within 24 hours of the appointment time.
TalkSession is not responsible for missed or late appointments resulting from technology outages or issues. Rescheduling sessions because of technological issues without additional payment is solely determined by the Wellness Professional. If there are any technological issues, they should be reported immediately to payments@talksession.com.
Intellectual Property Rights
Service Content, Software and Trademarks:
The Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.
Except as expressly authorized by TalkSession, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Service Content, in whole or in part. If you are eligible to use the Service, you are granted a limited license to access and
use the Site and the Service Content and to download or print a copy of the Service Content you have provided or to which another user has properly granted
you access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You are not permitted to
use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as authorized
by these Terms is strictly prohibited and will terminate the license granted here. The technology and software underlying the Service is the property of
TalkSession, our affiliates and our partners (the “Software”). You agree not to reverse engineer, reverse assemble or otherwise attempt to discover any
source code version of the Software. We reserve all right, title and interest in and to the Software and Service Content, except for the limited rights
expressly granted in these Terms.
The TalkSession name and logo are trademarks and service marks of TalkSession (collectively the “TalkSession Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TalkSession. You may not use any of TalkSession Trademarks without our prior written permission.
Third Party Material:
TalkSession will not be liable for any content posted by third parties, Wellness Professionals or at the direction of users; you must evaluate the accuracy
and usefulness of this content. TalkSession does not pre-screen content, but TalkSession and its designees will have the right (but not the obligation) to
refuse or remove any content that is available via the Service, including the right to remove any content that violates the Terms or is deemed by
TalkSession to be objectionable.
User Content Posted on the Site:
You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or
recipients (collectively, “User Content”). You may not post any content that you did not create or that you do not own. By posting User Content you hereby
grant and will grant TalkSession and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable,
perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation,
advertising or marketing of the Service, in any form now known or later developed.
We welcome your comments, questions, suggestions and feedback about the Site or the Service (“Submissions”)! But be aware that any comments or suggestions you make to TalkSession are non-confidential and become the property of TalkSession, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright Complaints:
TalkSession respects the intellectual property of others, and we ask our users to do the same. TalkSession will promptly process and investigate notices of
alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws
with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that
your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
TalkSession's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent
TalkSession Technologies, Inc.
copyright@talksession.com
Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, TalkSession has adopted a policy of terminating, in appropriate circumstances and at TalkSession's
sole discretion, members who are deemed to be repeat infringers. TalkSession may also at its sole discretion limit access to the Site and/or terminate the
memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service, Wellness Professionals or third parties may provide content, links or otherwise direct users to other sites and resources on the Internet. TalkSession has no control over such sites and resources and TalkSession is not responsible for and does not endorse such sites and resources. TalkSession will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource. Information regarding Wellness Professionals, including biographical and contact information, is provided to TalkSession by the Wellness Professional and TalkSession does not verify the accuracy of such information.
By using the Service you agree to release, discharge and hold harmless TalkSession and its subsidiaries and affiliates (the “TalkSession Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
You agree to indemnify and hold TalkSession and the TalkSession Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Service, or publicly distributed on the web, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TALKSESSION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TALKSESSION MAKES NO WARRANTY THAT (I) THE SERVICE WILL BE EFFECTIVE, WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS OR ERRORS, WILL BE RELIABLE OR ACCURATE, OR WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ACCESSIBLE AT TIMES OR LOCATIONS OF YOUR CHOOSING, (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE TIMELY, OR COMPLETE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, ADVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TALKSESSION MAKES NO WARRANTIES ABOUT THE SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROGUH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR ANY THIRD PARTIES ON THIS SITE OR ANY OTHER WEB SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TALKSESSION AND THE TALKSESSION ENTITIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TALKSESSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL TALKSESSION'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
TALKSESSION WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY ANY USER ON INFORMATION OR ADVICE PROVIDED BY ANY WELLNESS PROFESSIONAL.
You agree that TalkSession, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason. Furthermore, any Wellness Professional may terminate their association with the Service or with you at any time and for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. TalkSession will not be liable to you or any third-party for any termination of your access to the Service.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most Wellness Provider concerns can be resolved quickly and to the Wellness Provider’s satisfaction by emailing user support. In the unlikely event that our user care team is unable to resolve a complaint you may have (or if TalkSession has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. If you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys’ fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
Arbitration Agreement
TalkSession and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
· claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
· claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
· claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
References to ‘TalkSession’, ‘you’, and ‘us’ include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and TalkSession are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (‘Notice’). The Notice to TalkSession should be addressed to TalkSession at 460 Cervantes Road, Portola Valley, CA, 94028 (‘Arbitration Notice Address’). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (‘Demand’). If TalkSession and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or TalkSession may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by TalkSession or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or TalkSession is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, ‘AAA Rules’) of the American Arbitration Association (‘AAA’), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless TalkSession and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. TalkSession will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA Rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND TALKSESSION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TalkSession 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Terms to the contrary, we agree that if TalkSession makes any future change to this arbitration provision (other than a change to the Arbitration Notice Address) while you are a Wellness Provider or user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
General
The Terms constitute the entire agreement between you and TalkSession and govern your use of the Service, superseding any prior agreements between you and TalkSession with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and TalkSession agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
At TalkSession we respect the privacy of our users and have outlined our collection, use and disclosure of personal information and registration data in our Privacy Policy. By using the Services, you accept and agree with all provisions of the Privacy Policy.