Website Terms & Conditions
Welcome to CounselChat.com. Healtho, Incorporated and/or its affiliates, partners, and assigns, ("Healtho") provides website features to you subject to the following Terms and Conditions ("Terms and Conditions”). The Terms and Conditions govern your use of the World Wide Web site located at www.counselchat.com, and any associated subpages ("Site"). By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this Site and must exit immediately.
These Terms and Conditions may be changed at any time. It is your obligation as a user visiting the Site to familiarize yourself with these Terms and Conditions. Any change to these Terms and Conditions shall also be effective as to any visitor who has visited the Site before the change was made.
1. Website Information
This Site facilitates communicating between counselors, therapists, coaches and other mental health professionals ("Providers“) and individual users (“Users”)
This Site is not able, nor intended, to connect Users to crisis intervention services. If you are currently in crisis, you may call the National Suicide Prevention Lifeline at 1 (800) 273-8255 for 24 hour crisis intervention. If you are in a life-threatening situation you may also 911 or go to your nearest emergency room. If you suspect that an incident of domestic violence has occurred, or if you suspect that a child or dependent adult may have been abused or neglected, please contact local law enforcement directly. You may also call 911 or your local protective services.”
Providers are not employees, agents, or representatives of Healtho. Healtho is not responsible for any act, omission, statement or any other representation or action of any Provider.
This Site is a communications platform to connect Users and Providers. This Site does not offer therapy, counseling or coaching directly, or sell therapy, counseling or coaching services. This Site is not intended to provide medical, diagnostic services or therapy services of any kind, nor is This Site intended as a substitute for such services. You should not act upon this information without seeking one on one professional health care. No communication you might participate in is intended to create a psychotherapist/client or any other similar relationship.
This Site is not a crisis intervention service, and should not be used in any crisis or emergency situation. Never use This Site in a potential or actual medical emergency.
This Site is not a provider of health or medical care of any type. No medical diagnosis, treatment, or prescriptions are allowed to be communicated on or through this Site.
ALL INFORMATION PROVIDED ON COUNSELCHAT OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY COUNSELCHAT, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH PROVIDERS, IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PSYCHOTHERAPIST – PATIENT RELATIONSHIP, NOR ANY SIMILAR RELATIONSHIP, AS DEFINED BY STATE AND/OR FEDERAL LAW; COUNSELCHAT IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE DIAGNOSIS OR TREATMENT; AND RELIANCE ON ANY INFORMATION PROVIDED BY COUNSELCHAT OR ANY PROVIDER THROUGH COUNSELCHAT IS SOLELY AT YOUR OWN RISK.
Healtho attempts to be as accurate as possible. However, Healtho does not warrant that information or other content of this Site is accurate, complete, reliable, current, or error-free. The specific application of information and principles on this Site will vary according to the particular circumstances of each individual.
2. Proprietary Rights
LICENSE AND SITE ACCESS
Healtho grants you a limited license to access and make personal use of this Site, and expressly does not grant a license to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Healtho. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another business or enterprise; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Healtho. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Healtho without express written consent. You may not use any meta tags or any other "hidden text" utilizing Healtho’s name or trademarks without the express written consent of Healtho. Any unauthorized use immediately terminates the permission or license granted by Healtho. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.counselchat.com so long as the link does not portray Healtho, or the associated products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use Healtho’s logos or other proprietary graphic or trademark as part of the link without the express written permission of Healtho.
COPYRIGHT
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Healtho or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Healtho and is protected by U.S. and international copyright laws. All software used on this Site is the property of Healtho or the relevant software suppliers and protected by United States and international copyright laws.
All works of authorship, information, content, and material appearing on or contained in this Site ("Site Materials") are protected by law, including but not limited to, United States copyright law. Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are © 2015 Healtho, Inc., all rights reserved. Healtho also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any or all Site Materials, in whole or in part, without the prior written consent of Healtho, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to any Site Materials or any other proprietary information of Healtho, without Healtho 's advance written consent, is prohibited.
TRADEMARKS
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Healtho or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal, state, and international trademark law.
CounselChat, Counsel Chat, www.counselchat.com, and other Site graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Healtho in the U.S. and/or other countries. Healtho’s trademarks and trade dress may not be used in connection with any product or service that is not Healtho’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Healtho. All other trademarks not owned by Healtho that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Healtho.
3. Communications with and Submissions to the Site
ELECTRONIC COMMUNICATIONS
Healtho encourages visitors to submit comments, and other content; send e-mail and other communications; and submit suggestions, ideas, questions, or other information (collectively, "Submissions"), so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, or other malware, commercial solicitation, chain letters, mass mailings, or any form of "spam."
When you visit the Site or transmit any Submissions to Healtho electronically, you are communicating with Healtho electronically. By communicating with Healtho electronically, you consent to receive communications from Healtho electronically. Healtho will communicate with you by e-mail or by posting notices on this Site. By communicating with Name electronically, you also agree that all agreements, notices, disclosures and other communications that Healtho provides to you electronically satisfy any legal requirement that such communications be in writing.
By transmitting any submissions to Healtho electronically, you specifically acknowledge that you understand that Healtho makes no warranties or assurances that such submissions will be accessed, read, or responded to by Healtho.
Healtho has the right but not the obligation to monitor and edit or remove any activity or content posted to the Site. Healtho takes no responsibility and assumes no liability for any content posted by you or any third party.
By transmitting any Submission(s) to Healtho, you automatically grant Healtho, and any sublicensees, the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the world and to incorporate such in other works and in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s); and the right to use your name, likeness, voice, photograph, and any other indicia of identity and information provided to Healtho by you, in connection with the use, exploitation, promotion and/or advertising of the Submission(s) and/or the Site. Further, Healtho is free to use any ideas, concepts, methods, techniques, and/or processes contained in any Submissions you send to this Site for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information.
By transmitting any Submission(s) to Healtho, you hereby represent and warrant to Healtho that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Healtho for all claims resulting from content you supply.
By transmitting any Submission(s) to Healtho, you also represent and warrant that: (i) you are of legal age and otherwise legally competent to enter into contracts; (ii) you have all rights, approvals and/or consents necessary to submit the Submission(s) on the Terms provided herein; (iii) no permission is required from any other individual or company for Name to use the Submission(s); (iv) the materials contained in the Submission(s), including, without limitation, the, ideas, compositions, and other materials, are original, were created only by you, do not contain any "samples," excerpts, or other works from the material of others, and do not otherwise infringe on the intellectual property rights of any other individuals or companies; (v) the Submission(s) does not and will not violate any laws or be defamatory, libelous, pornographic or obscene; (vi) you are not bound by any contract that would prohibit you from agreeing to these Terms and Conditions; (vii) you will not hold Healtho liable for copyright or trademark infringement based, in whole or in part, upon Healtho's access to and use of the Submission(s); and (vi) the Submission(s) will not contain any "viruses" or other information that may damage or otherwise interfere with Healtho's computer systems or data, or the computer systems or data of users of Healtho’s website. You shall be fully responsible for any breach of the representations and warranties made to Healtho under this paragraph, and you shall indemnify Healtho and hold Healtho harmless from and against any and all claims, liabilities, actions, losses, damages and costs, including reasonable attorneys' fees and costs, arising from any such breach.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an e-mail, card or any other Submission. Healtho maintains the right (but not the obligation)to review your Submission(s) and, in its sole discretion, decline to post and/or remove any Submission(s) for any reason or for no reason at all, at any time, and without notice.
You may request that Healtho delete your Submission(s) from the Site by emailing Healtho at [email protected] and specifically indentifying the Submission(s) you are requesting to be deleted. Upon receipt of your emailed request, Healtho will make all reasonable efforts to delete your Submission(s) from the system and Site; however, Healtho disclaims any and all responsibility for any copies of your Submission(s) that may have been made by a user of the Site before your Submission(s) was removed.
4. Use and Nature of the Internet
Given the nature of the internet, the transmission of any communication or Submission to Healtho via the Site or internet e-mail, whether encrypted or otherwise, cannot be guaranteed in all circumstances as secure. As an alternative to communicating over the internet or e-mail, Healtho can be contacted by postal mail at: 14725 NE 20th St, D-62, Bellevue, WA 98007.
5. Privacy
Healtho has a Privacy Statement describing Healtho's online information gathering and dissemination practices with respect to the Site. Please review the Privacy Statement, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein, and which also governs your visit to the Site.
6. Limitation of Liability & Disclaimer of Warranties and Conditions
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. This Site, and all information, content, materials, products, and services included on and in or otherwise made available through this Site, are made available on an "as is," “as available,” and "with all faults" basis unless otherwise specified in writing. You expressly agree that use of this Site is entirely at your own risk.
Healtho makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products, or services included on or otherwise made available through this Site.
To the fullest extent permissible by applicable law, Healtho disclaims all representations, conditions, and warranties, with respect to this Site, the Site Materials on and in and made available through this Site, and the services, information, and products offered in connection therewith, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, and effort with regard to any and all Site Materials on and in and made available through this Site is with you.
Healtho shall not be liable for any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, punitive, or other damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or do result from the use of, access to, or inability to use this Site, the Site Materials on and in and made available through this Site, or the services, information, and products offered in connection with this Site, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Healtho to you or any other person or entity in connection with, based upon, or arising from this Site, the Site Materials on and in and made available through this Site, or the services, information, or products offered in connection therewith, exceed the price paid by you for use of this Site.
Healtho does not warrant that this Site, information, content, materials, products or services included on or otherwise made available to you through this Site, their servers, or e-mail sent from Healtho are free of viruses or other harmful components.
TYPOGRAPHICAL ERRORS
In the event that a Healtho product is mistakenly listed at an incorrect price, Healtho reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Healtho reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Healtho shall issue a credit to your credit card account in the amount of the incorrect price.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
7. Indemnification
You agree to defend, indemnify, and hold harmless Healtho, its affiliates, contractors, and partners of any and all type, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including without limitation attorneys' fees and costs) relating to or arising from this Site, your use of this Site, your Submission(s) to the Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.
8. Corrections and Changes
Healtho endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Healtho is not responsible for any errors or omissions in the Site or Site Materials. Healtho may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and Healtho makes no commitment to update the information contained on or in this Site. Healtho reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever, or for no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
9. Links to Other Web Sites
This Site may, from time to time, contain links to other third-party internet web sites for the convenience of users in locating information, products, or services that may be of interest. Healtho is not responsible for examining or evaluating, and Healtho does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. These sites are maintained by organizations over which Healtho exercises no control, and Healtho expressly disclaims any and all responsibility for the content, the accuracy of the information, the security of information provided to any third-party sites, and the quality of products or services provided by or advertised on these third-party sites.
Without limiting anything else in these Terms and Conditions or otherwise, Healtho does not assume any responsibility or liability for any errors or omissions in the Site or Site Materials, or for the information, links, text, graphics, or other items made available on other web sites created, maintained, or otherwise controlled by third parties. You should carefully review the privacy statements and other conditions of use for any third-party material.
10. Governing Law, Jurisdiction, and Disputes
GOVERNING LAW
By visiting the Site, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will exclusively govern these Terms and Conditions and any dispute of any sort that might arise between you and Healtho.
JURISDICTION
By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in King County, Washington, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. Any party who unsuccessfully challenges the enforceability of this jurisdiction clause shall reimburse the prevailing party for its attorney's fees and costs, and the party prevailing in any such dispute shall be awarded its attorneys' fees and costs.
This Site is controlled and operated by Healtho from its offices within the United States and the State of Washington. Without limiting anything else, Healtho makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal, or otherwise limited, is prohibited. Those who choose to access this Site from other locations do so of their own free will and are responsible for compliance with all applicable laws. The waiver or failure of Healtho to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of the other rights established under these Terms and Conditions.
DISPUTES
These Terms and Conditions, including, without limitation, the Privacy Statement, represent the entire agreement between you and Healtho with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Washington, without regard to principles of conflict of laws.
Notwithstanding the Dispute Resolution provisions below, any dispute relating in any way to your visit to the Site or to products or services sold, distributed, or provided, by Healtho or through the Site shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.
11. Force Majeure
Healtho shall not be liable for any damages resulting from a failure or delay in performance caused by causes beyond Healtho’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers. Without limiting anything else in these Terms and Conditions or otherwise, neither Healtho, its affiliates, contractors, and partners of any and all type, nor all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems or errors, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, armed conflict or governmental restrictions.
12. Your Account
Accurate and complete registration information is required to use of this Site. If you use this Site, you are responsible for maintaining the confidentiality of your private information, including your private health information, for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, if any.
You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. Allowing any other person or entity to use your identity for posting on or using this Site t is not permitted.
Healtho does provide products or services to Children. If you are under 13, you may use counselchat.com only with the involvement of a parent or guardian. Healtho reserves the right to refuse service, terminate accounts, remove or edit content, or cancel access and orders in its sole discretion.
Your use of this Site must comply with all applicable federal and state laws, regulations, and ordinances.
13. Risk of Loss
All items purchased from Healtho are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Healtho’s delivery to the carrier.
14. Site Policies, Modifications, and Severability
Healtho reserves the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings used in these Terms and Conditions are for reference only and shall not affect the interpretation of these Terms and Conditions.
15. Copyright Complaints
Healtho respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Healtho’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Healtho that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A specific description of the copyrighted work that you claim has been infringed upon;
- A specific description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized or allowed by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Healtho’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
- Copyright Agent
14725 NE 20th St.
D-62
Bellevue, WA 98007
USA
e-mail: [email protected]