If you do not agree to all of these Terms, you are not authorized to use the Service.
YOU UNDERSTAND AND AGREE THAT MENTALHAPPY (I) IS NOT A MEDICAL CARE PROVIDER, (II) IS NOT A SUBSTITUTE FOR SEEKING MEDICAL CARE, (III) DOES NOT PROVIDE THERAPY, MEDICAL, PSYCHIATRIC, OR PSYCHOLOGICAL ADVICE, AND (IV) CANNOT BE USED TO DIAGNOSE, TREAT, OR PREVENT ANY DISEASE OR CONDITION.THIS SERVICE IS NOT FOR EMERGENCIES.IF YOU OR ANOTHER PERSON IS IN DANGER, CALL 911 IMMEDIATELY.IF YOU ARE SUICIDAL, THE NATIONAL SUICIDE PREVENTION HOTLINE CAN HELP. CALL 1-800-273-8255, OR NOTIFY APPROPRIATE EMERGENCY PERSONNEL.IF YOU HAVE KNOWLEDGE OF CHILD OR DEPENDENT ADULT OR ELDER ABUSE, CONTACT YOUR LOCAL PROTECTIVE SERVICES AGENCY
MENTALHAPPY IS AN ONLINE PLATFORM THROUGH WHICH INDIVIDUALS MAY ENGAGE IN AND RECEIVE PEER SUPPORT. THE SERVICE IS NOT A REPLACEMENT OR SUBSTITUTE FOR CONSULTATION WITH A MEDICAL CARE PROFESSIONAL. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM US. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THE SERVICE.MentalHappy represents that it has no licensing or other expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of peer support on a medical condition. If you engage in the MentalHappy peer support program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk yourself, and agree to release and discharge MentalHappy from any and all claims or causes of action, known or unknown, arising out of your participation in or use of any peer support made available by MentalHappy.Without limitation, MentalHappy does not endorse any specific tests, providers, medications, products or procedures. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you.You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. By accessing or using the Services you represent and warrant that you are not legally prohibited from accessing the Services under the laws of the country in which you access or use them. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.If we learn we have collected personal information from a minor (“person under 18 years of age”), we will delete that information as quickly as possible and terminate the associated account. If you believe that a minor may have provided us personal information, please contact us at firstname.lastname@example.org
To access the Service, you may need to establish an individual user account (“Account”) by providing certain information, including a valid and acceptable method of payment, or a valid third-party payment authorization from an employer, insurance provider, or academic institution.You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form (understanding you may use an anonymous user name or nickname after you provide your contact information); and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MentalHappy has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, MentalHappy reserves the right to refuse any future request(s) to use the Service.You agree that you will safeguard your password and that you are solely responsible for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account. MentalHappy will not be liable for any loss that you incur as a result of someone else using your Account, either with or without your knowledge. We reserve the right to terminate any user Account at any time for violation of the Terms or other conduct we deem detrimental to the Service. You may terminate your Account at any time
Our Service and the Content provided therein are for informational and educational purposes and are not a substitute for the professional judgment and advice of health care professionals. Persons accessing this information assume full responsibility for the use of the information. MentalHappy is not responsible or liable for any claim, loss, or damage arising from the use of the information.You understand that MentalHappy owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
Moderators are also fellow MentalHappy members who help to keep the groups safe from negative trolling or poor behaviors. Moderators are not licensed clinicians. Moderators have limited ability of permissions within groups. Moderators are sometimes also the leader of the support groups. MentalHappy assumes no responsibility for the quality of the services a moderated peer group provides, nor any act, omission or wrongdoing of any moderated peer group. While MentalHappy may help you match with a moderated peer group, help you find a new group if the match is unsuccessful, and follow up on any complaints about your current Moderator or group, MentalHappy makes no representation or warranty whatsoever as to whether you will find the Moderator’s services relevant, useful, correct, satisfactory or suitable to your needs.While MentalHappy does research and verify certain documents of the Moderators using the Service, MentalHappy cannot legally guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence, or background of any Moderator as documents may be presented to MentalHappy.
While some Support Group Leaders may be licensed clinicians or medical professionals they are not permitted to provide medical care or advice while participating on MentalHappy apps or platforms. MentalHappy assumes no responsibility for the quality of the services a moderated peer group provides, nor any act, omission or wrongdoing of any moderated peer group. While MentalHappy may help you match with a professionally-led or moderated peer group, help you find a new group if the match is unsuccessful, and follow up on any complaints about your current Moderator or group, MentalHappy makes no representation or warranty whatsoever as to whether you will find the Support Group Leader's services relevant, useful, correct, satisfactory or suitable to your needs.While MentalHappy does research and verify certain documents of the Support Group Leaders using third party verification services the Service, MentalHappy cannot legally guarantee the verification of degrees, qualifications, licensure, certification, credentials, competence, or background of any Support Group Leaders as documents may be presented to MentalHappy, third party credentialing services and other State Boards as accurate when they are not. You should never rely on or make health or well-being decisions purely on use of MentalHappy. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare clinician, or by traditional face-to-face appointment, due to information or advice you received through MentalHappy.
Support Group Leaders set a monthly price for the group support services provided to you. MentalHappy charges a small service fee to all users ("leaders and members") on the site to compensate MentalHappy for its development, overhead, administrative services, and other corporate costs and fees, including transaction fees for credit card usage. You agree to maintain valid credit card information in your Account. By providing MentalHappy with your credit card, Apple Pay, or Google Pay information, you authorize MentalHappy to bill and charge your credit card.
You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Site or the Services. You may receive announcements, administrative messages, service updates, or other non-transactional communications, and that agreeing to receive these communications. You will not be able to opt out of receiving these communications. By creating a user Account, you are opting into receiving calls, text messages and other SMS alerts from MentalHappy, and that such message may incur a charge by your mobile phone service provider. You may opt out of receiving non-transactional text messages by emailing us at email@example.com
The content of the Site and the Support Group Services, including without limitation, text, copy, audio, video sessions, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by MentalHappy. MentalHappy does not employ individuals to provide mental health information. Support Group leads facilitate group discussion sessions via chat (“conversations”) and video for general information purposes. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by MentalHappy, or in connection with any communications supported by MentalHappy, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. MentalHappy is not responsible for the quality and appropriateness of the information provided to you. MentalHappy does not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by or through the Group Services, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations.
Your interactions with peers (“members”) and Support Groups Leaders are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. You acknowledge that your reliance on any information delivered by Support Group Leaders, other peers (“members”) via the Site or Group Service is solely at your own risk and you assume full responsibility for all risks associated herewith. MentalHappy does not make any representations or warranties about the training or skill of any Therapist who delivers services via the Site or Group Service.
None of the information and content shared in the Support Group Services may be recorded, screenshot, or distributed for any purpose. You may not misuse the Site or Support Group Services.
You are prohibited from sharing any personal information about other Members learned in Group Services, including but not limited to names, locations, details from stories that jeopardize the anonymity of Members, and any identifying information. All Group Services must remain confidential.
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively, "Work Product") developed in whole or in part by the Provider (MentalHappy Inc.) in connection with the Services will be the exclusive property of the Provider. Upon request, the Recipient will execute all documents necessary to confirm or perfect the exclusive ownership of the Provider to the Work Product. Additional service agreement applicable to work provided to organizations and entities.
Unless otherwise indicated, all Site materials, including, without limitation, the Site logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of the Site. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site that originated from us — including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance — without the prior written permission of us is strictly prohibited.
The Site name and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of the Site, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You understand that all Content posted by Users (“members”), whether publicly posted or privately transmitted, are the sole responsibility of the User from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Site official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or which would violate any right of publicity, right of privacy or other right of any party without first obtaining permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
h. upload, post, email, link, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. “stalk” or otherwise harass another;
l. collect or store personal data about other Users;
m. link to or refer to Content not allowed under these Terms of Service;
n. otherwise use the service in a manner deemed inappropriate by us.
We retain the right, but not the obligation, to monitor and edit or remove any user, activity or content that it deems in its sole discretion to be harmful to Users, us or the rights of any third party, or to violate any applicable law. This includes the right, but not the obligation, to remove any text or images uploaded by you that we deem in our sole judgment to be inappropriate or that we believe may subject us to any liability, including without limitation the following:
- photographs, pictures, images, text or other materials submitted by Users that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights;
- partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words;
- profanity or offensive comments including but not limited to expressions of racism, bigotry or hatred, or that are abusive, slanderous or offensive;
- any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray us or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page without our express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing our name, trademark or product name without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any of our patent, trademark, copyright or proprietary rights or any third party. We make no claim or representation regarding, and accept no responsibility for the quality, content, nature or reliability of web sites linking to this Site.
We may provide links to web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. We do not monitor, nor does it have any control over, any Third Party Content. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. We make no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the Site, you should be aware that the Terms of Service no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that particular site. Users use these links and Third Party Content contained therein at their own risk.
If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another web site that contains material that infringes upon any copyright that you own or control, you may contact us immediately at Hi@MentalHappy.com
In the event that you are a registered user of the Site, you may terminate such registration by notifying the Site by sending e-mail to firstname.lastname@example.org.
After receipt of your termination notice, we will terminate your account.We may terminate your access to the Services or your registration at any time in the event of a breach of these Terms of Service by User or anyone accessing the Services using registered User’s username. We, at our sole discretion, may also terminate these Terms of Service at any time without cause, and may suspend access to the Service with or without notice, to any User.
User agrees to indemnify and hold us, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Site, the violation of these Terms of Service by User, or the infringement by User, or any other user of User’s account, of any intellectual property or other right of any person or entity.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, MALWARE-FREE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED, ACCESSED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms of Service.
We reserve the right to change any and all content contained on the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
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 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.
If you are a California resident, under California Civil Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services
The Terms of Service constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use our affiliate services, third-party content or third-party software. The Terms of Service and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
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