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Client Terms and Conditions

Introduction:

TalkNowTherapy.com is proud to welcome you to the premier on-demand mental health and therapy related service. TalkNowTherapy.com agrees to make a reasonable effort to maintain an informative, useful, and safe website for the benefit of the general public. We ask that you carefully review these Terms and Conditions, and that you read and signal (by clicking the check box on the registration page) that you understand and agree with the Terms and Conditions detailed within this document.

Please note that you are referred to as "User" or “You” or “Your” in this Agreement. The term "Provider" includes TalkNowTherapy.com and parent company Boomer Rescue 911 LLC. and its officers, directors, employees, assigns, agents, and successors. The terms "mental health professional", “therapist” and “counselor”  are used in this Agreement (Terms and Conditions) and on the website  to refer to a variety of mental health professionals including, but not limited to, psychiatrists, psychologists, marriage and family therapists, social workers, and counselors.

Services and Conditions of Use:

TalkNowTherapy.com (the "Provider") agrees to provide a site with general information, the ability to access mental health professionals and their services.  All of the services provided are subject to the terms of this Agreement. Provider reserves the right to modify this Agreement at any time by providing notice through the Site. You hereby agree that, at all times that you use the Site, you will abide by the Terms and Conditions set forth herein. To use the Site, User must agree to all of the Terms and Conditions set forth in this Agreement. Read this Agreement carefully. Do not use the Site unless you have read and agree to abide by the terms and conditions set forth herein.

General Disclaimer:

The content on the Site is provided for general information purposes only and is not intended in any way to be a substitute for professional advice or treatment. Persons seeking such advice or treatment should consult with a licensed mental health professional. The content provided on the Site should not be relied upon for the diagnosis or treatment of a mental or medical condition. Do not disregard professional advice or delay in seeking professional advice as a result of something you have read on the Site. Individuals with URGENT MEDICAL PROBLEMS should immediately seek advice and treatment from a physician.

IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911, NOTIFY THE POLICE OR CONTACT EMERGENCY MEDICAL SERVICES.

User's reliance on any information provided on the Site is solely at the risk of the User. Provider does not endorse and does not recommend any information, material, product, quiz, survey, test, procedure or opinion that may be posted or referred to on the Site. Opinions expressed on the Site are solely the opinions of the authors of such material posted or appearing on the Site. Provider does not assume any liability or responsibility for the accuracy of the content of any material provided on the Site. Provider does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or material of any nature provided on the Site. Provider reserves the right, at any time, to modify or to stop providing any component or feature of the Site.

All mental health professionals who practice therapy on the Site are required to provide proof of licensure or certification and liability insurance to Provider before being granted the right to utilize services to conduct their private practice.

Privacy Statement: See our Privacy Policy

User Rules for the Site:

By using the Site, you agree that you will not undertake any of the following actions:

Use the Site for any purpose which would violate any local, state, federal or international law; 

Engage in any other conduct which, in the opinion of Provider, inhibits or restricts others from using and enjoying the service;

Impersonate another person;

"Spam," or send unsolicited mass distribution of email;

Furthermore, You will cooperate fully with Provider to investigate any suspected unlawful, fraudulent or improper activity;

With or without warning, Provider, in its sole discretion, may terminate the User's account when these Rules and/or Terms and Conditions are violated. Provider will also make every effort to remove material or postings on the Site that are in violation of the Rules or the Terms and Conditions.  Users who violate the above Rules or Terms and Conditions of the Site may have their account terminated or receive a warning from Provider stating that User has committed a violation and that further violations may result in the termination of User's account.

If you use the interactive areas found on the Site, you are solely responsible for your communications and the consequences of posting those communications. Provider does not assume any liability or responsibility for the content or consequences of such communications. If you feel threatened or believe that you or someone else may be in danger, contact your local law enforcement agency immediately.

Copyrighted Materials:

User should assume that any material, information, software, or any other content on the Site is protected by copyright. User may not copy, reproduce, retransmit, distribute, publish, use for any commercial purpose, or otherwise transfer any copyrighted material. User may download a single copy of the material from the Site, and that single copy is solely for User's personal use. User does not acquire any ownership rights by downloading copyrighted material.

User is solely responsible for compliance with any copyright, trademark, or other proprietary right, which may apply, to any material of any nature found on the Site.

Limitation of Liability and Warranties:

THE SITE AND ALL CONTENT AND MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS. USER AGREES TO USE THE SITE SOLELY AT USER'S OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, PROVIDER DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES RELATING TO THE QUALITY, ACCURACY, OR CONTENT OF ANY AND ALL MATERIAL, INFORMATION, PRODUCTS, OR SERVICES POSTED ON OR ACCESSED THROUGH THE SITE, INCLUDING ANY WARRANTIES OF TITLE OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  SPECIFICALLY, TalkNowTherapy.com MAKES NO REPRESENTATION REGARDING INSURANCE COVERAGE OR YOUR ABILITY TO RECOVER COSTS INCURRED ON THIS SITE FROM YOUR INSURANCE PROVIDER.

Provider is not liable for the conduct of other Users or third parties and the risk of injury from the foregoing rests entirely with User.

Provider is not liable for damages of any nature including, without limitation, direct, indirect, incidental, consequential, or special damages arising out of User's use of the Site or inability to access or use the Site or out of any breach of any warranty.

Interactions with Mental Health Professionals:

If you choose to interact with a mental health professional on the Site, your relationship is strictly with the mental health professional, and Provider is not involved in any way with that relationship. Provider is acting as a service provider who provides services to those desiring to conduct their practices through Provider. Provider does not endorse or recommend any mental health professional on the Site. Provider advises and encourages User to check the certification and/or licensing of the mental health professional with the applicable state regulatory Board or authority.

User acknowledges that the mental health professionals on the Site are not employees or agents of Provider and Provider assumes no responsibility for any act or omission of any mental health professional.  User also understands that User takes full responsibility for the decision to access a mental health professional through the Site and to continue to interact with the mental health professional, and that the role of Provider is strictly limited to providing access to mental health professionals and their services for User's consideration. Provider advises and encourages User to check the certification and/or licensing of the mental health professional with the applicable state licensing Board or authorities.

Where does the counseling/therapy take place? For purposes of any interactions with the mental health professionals utilizing the Providers technology services, the counseling or therapy is considered to take place where the therapist is located. You have the option to work with many counselors and you are choosing to speak with counselors utilizing the Providers technology services for your convenience. Unless stated otherwise by a counselor, the counselors are only representing that they are licensed in the state in which they are physically located; they are not representing themselves as a licensed counselor in any other state nor necessarily have the scope of competence to be operating as a licensed professional in any other state.

The Counselor should provide User with further disclosures that may be required by the law in the state in which he/she practices. The Counselor may also disclose or User may request that he/she disclose, information relating to his/her education, training, experience and theoretical orientation.

In many situations, based on the type of counseling being provided, the Counselor will request or require the User to provide personal information to the Counselor.  Also, depending on the situation, the Counselor may also request the User to fill out certain forms to continue counseling.

With respect to exceptions to confidentiality, for instance, Counselors are generally required to report suspected child abuse or neglect. Some states require the reporting of suspected elder abuse or dependent adult abuse. Additionally, User's Counselor will likely be permitted or required to break confidentiality when User is in such mental or emotional condition as to be a danger to himself or herself or to others. User should check with his/her Therapist or counselor as to the specific limitations to confidentiality that exists in their state.

Links to Other Sites:

The Site contains links to other websites, sometimes called "third party" websites. Provider is not responsible for the content of linked third party sites and does not make any representation, warranty, or endorsement with respect to any content or material or the accuracy of any content or material on such third party websites.

Advertisements:

The Site may contain advertisements by third parties. The advertisements may contain links to other websites. Provider does not make any representation, warranty, or endorsement of any product or the content or accuracy of any materials contained in, or linked to, any advertisement on the Site.

Servicemarks and Trademarks:

TalkNowTherapy..com logos are servicemarks of  TalkNowTherapy.com. All other servicemarks and trademarks appearing on the Site belong to their respective owners.

Notice:

Provider may give notice to Users by means of a general notice on the Site. User may give notice to Provider by the following means: 

Electronic mail to customerservice@TalkNowTherapy.com; or

Such notice shall be deemed given when received by provider (at any time).

Indemnifications:

User agrees to indemnify and hold harmless Provider from any liability, cause of action, claims and expenses, including reasonable attorney's fees and court costs, related to a violation of this Terms and Conditions Agreement and as a result of any information, material, or content placed on the Site by User.

User hereby releases and agrees to hold harmless and indemnify Provider, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all liability or causes of action and claims of any nature resulting from the acts of mental health professionals accessed through the Site.

This Terms and Conditions Agreement set forth herein shall be construed under and governed by the laws of the State of California.

Telephone, Payment, and Credit Card Processing:

TalkNowTherapy.com has partnered with a third party vendor, to provide the e-therapy business platform.  Utilizing this third parties proven platform, TalkNowTherapy.com and the Users have a trusted experienced partner who has comprehensive platform services and a secure and reliable service.  For the purpose of this agreement, this third party is an agent of TalkNowTherapy.com.

Our third party vendor is strictly a service provider and does not provide any mental health advice.  It does not make any representations regarding and mental health advice or any content or categorization provided by TalkNowTherapy.com.  You hereby waive all claims against and release all parties (including employees, officers, directors, shareholders, subsidiaries, suppliers, partners and agents) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Advice or with regard to such disputes.

Users will open and maintain an account with this third party and pay for one or more sessions. Using the account, the User will pay the fee in accordance with the counselor’s rate at the time of the session.  Once a deposit has been made the value of the balance can only be realized via calls.

In order to utilizes the services provided through TalkNowTherapy.com you must obtain an account with our third party and agree to thier Terms of Use Policy.

Integrated Clause

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any and all other agreements, communication (written or oral) between Provider and User. Provider may amend this Agreement or impose new conditions at any time by notice from Provider to User as published through the Site. Any use of the Site by User after such notice shall be deemed to constitute acceptance by User of such amendments, modifications, or new conditions.

It is understood and agreed that if any part, term, or provision of this Agreement is held by a court to be unenforceable, unlawful or in conflict with any law of the State of California, the validity of the remaining terms of this Agreement shall not be altered, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the part, term, or provision held invalid.