Effective Date: 21 July 2020
DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE TALKLET SITE DISPLAYS THE SUICIDE HOTLINE IN SEVERAL PROMINENT LOCATIONS AND HAS AN INDEX OF NATIONAL, REGIONAL AND STATE RESOURCES FOR MENTAL HEALTH EMERGENCIES WHICH WE IMPLORE ALL USERS OF THIS SITE TO USE WHEN FACED WITH AN IMMEDIATE OR EMERGENT CRISIS.
You hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to Talklet’s services, and (ii) physically located or are a resident of the State or Country you have chosen as your current residency when creating your Account. You agree to provide “Contact Information” (your personal contact and/or a close family member/relation) to your Provider to act as an information source to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence and Contact Information and that the Providers you access (“Provider(s)”) are relying upon this certification in order to interact with you and provide the Services.
Other than the guidance and advice you receive directly by you from your Provider, the other educational, graphics, research sources and other incidental information on the Site, the Content, should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Talklet does not endorse any specific tests, medications, products or procedures.
To access the Services, you must first enroll to establish an individual user account (“Account”), by providing certain information. 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 and, if applicable, in order for providers to send notices to you, 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 certain personal and emergency 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 Talklet has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, Talklet reserves the right to transition your treatment to another Provider outside of Talklet and refuse any future request(s) to use the Talklet Services. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. Talklet will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit(i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Talklet nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.
Any payment you make for the use of the Services is used to compensate Talklet for its software development, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.
Part of your payment for the use of the Services, accounted for separately, is remitted to the Provider for the direct services provided to you. Regardless of any payments made, Talklet does not hold itself out as your provider of therapy services of any sorts. You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by Talklet from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the credit card you provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account. By providing Talklet with credit card information you authorize Talklet to bill and charge your credit card.
Talklet does not directly employ the Providers matched through the Service. Talklet created a modern, digital network of therapists-in-training and social workers currently under training at various institutions.
In order to receive approval to practice using the Talklet Network, the applying Provider must be found to be in compliance with the policies and procedures of Talklet, and must receive written approval from Talklet. This verification process can include:
Verification of student status
Verification of malpractice insurance
A comprehensive background check
Your relationship with the Provider is strictly with the Provider. Talklet is not involved in the Provider-patient relationship and does not interfere, validate or control the Provider’s treatment unless advocating on behalf of You when following up on a particular complaint. All that stated, You are always advised to exercise a high level of care and caution in the use of Talklet’s network of Providers as you make any decision that affects your mental wellbeing. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare Provider or by using or combining Talklet with traditional face-to-face appointments; solely because of information you saw on the Talklet site or advice you received through a Talklet Provider. Talklet supports a holistic approach to mental health and the choices You have to create the best therapeutic journey that matches your individual needs.
All of the content available on or through the Service is the property of Talklet and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Talklet or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.
"Talklet" is a copyrighted term. All rights reserved. Subject to the terms of this Agreement, Talklet hereby grants you a limited, revocable, non transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.
The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TALKLET DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, TALKLET DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. TALKLET CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
Limitations of Liability
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL TALKLET, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANYCONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL TALKLET OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF TALKLET OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by Talklet, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to Talklet. Talklet does not endorse the content on any third-party websites. Talklet is not responsible for the content of linked third-party websites or third-party advertisements, and does not make any representations regarding its content or accuracy. Talklet does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
Talklet may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Talklet has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Talklet reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.
You affirmatively consent to the fact that Talklet's Oversight Personnel will, as needed, review your particular sessions in a HIPAA/HITECH approved de-identified form for the following purposes:
To review your complaint about a particular issue/instance that your report about your Provider or about a particular language intention with your Provider;
For your safety concerns or complaints of unethical Provider practices;
To transition you to a new Provider or if your account is non responsive or inactive for an extended period of time; or
To address raised quality assurance concern(s) that may apply to an individual Provider, a state-wide compliance issue or a national network issue.
You consent to Talklet using "Meta Data" and other search terms to scan only HIPAA ‘Safe Harbor” de-identified transcripts to search for trends and patterns that may affect the quality of the Services provided to you or the practices of the Providers. If your particular complaint requires a review of sessions in the original form, you consent to a Talklet Oversight Provider accessing your account only to respond to your particular complaint or raised issue.
Your Consent to Talklet recording your calls to Customer Service to assure Quality Assurance.
You affirmatively grant Talklet permission to have your Provider periodically provide non-content based assessments of your progress to Talklet. You understand that Talklet provides the Providers with assessment tools that serve to provide information on your mental health and well-being; and that results can be seen by your Provider to discuss with you.
All de-identified data, meta-data and research data collected by Talklet through your use of the Services remains the sole property of Talklet. Talklet may share some or all of this research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is used in non identifiable aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. You shall not request that Talklet remove or delete any of such data.
You agree that the email username you provide can be used by Talklet to send you marketing offers from Talklet.
You acknowledge that Talklet must store all personal data as required by law, typically for no less than seven (7) years, and may not delete such data, even upon your direct request.
Any dispute or claim relating in any way to your use of the Talklet will be resolved by binding confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must interpret these Terms as a court would.
It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Talklet and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the Delaware courts in the cases that arbitration is not successful or is assigned or appealed to a civil court. Talklet’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Talklet may be delivered by electronic mail to the address provided during the creation of your Account. These Terms constitute the entire Agreement between Talklet and yourself regarding the Service, and supersede and replace any prior agreements you and Talklet might have regarding the Service. Talklet may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the stems periodically.