- Service Overview. Change Mental Health connects users (“Patients") with professionals who have experience and training in the health and wellness field who are verified and registered in our database (“Practitioners”). Our service facilitates the scheduling and booking of online, video-conferencing, phone or in-person consultations between Patients and the Practitioners of their choice for free (the “Service”). Each patient is recruited from one of our Partner Organizations (“Partners”), which include non-profits and school boards.
- Important Service Limitations: Minors. The Service is not intended for use by those under 14 years of age. If you are below the age of 14 please do not register or attempt to use the Services without parental consent and guidance.
- Important Service Limitations: Emergencies: Change Mental Health cannot guarantee the appropriateness or accuracy of any information or advice provided through the Service. The Service is not intended as a substitute for obtaining appropriate emergency medical advice from your doctor or other healthcare professional. In the case of an emergency or any suspected serious medical condition or ailment, please contact a trusted, local health care professional immediately.
- How the Service Works. After you register on the Website and create a user account, you will be able to search for Practitioners and schedule sessions with them by using the calendar functionality on the Website (each “Session”).
- No Endorsement. Practitioners go through a screening process prior to being admitted on to the Service to confirm whether their credentials are valid (eg. registered in good standing with any professional body they purport to be a member of). However, we only facilitate the engagement of users with Practitioners and we do not and cannot endorse any products or services offered by Practitioners. We also cannot guarantee any results or oversee the Practitioners or Sessions. You therefore acknowledge and agree that if you elect to engage with any Practitioner, such dealings are solely between you and the Practitioner and Change Mental Health shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
- Communication Platforms. Change Mental Health is not liable for any third party communication platforms including Skype or any telecommunication service. For procedures regarding lags, disconnections, or interruptions with said third party communication platforms, please consult our Troubleshooting Procedures.
- Your Conduct. In using the Website and Service you shall not:
(a) copy or distribute any part of the Website (including any content) without our prior written consent;
(b) alter or modify any part of the Website;
(c) upload, post, email, transmit or otherwise make available on the Website:
i) any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable,
ii) any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm other users in any way;
iii) any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
iv) 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 or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy;
(d) impersonate any person or entity or misrepresent their affiliation with a person or entity;
(e) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(f) collect or store personal information about other users or viewers; or
(g) resell the content of the Website, the use of the Website or access to the Website or the content of the Website.
- Reporting Misconduct. If you feel anyone is acting or has acted inappropriately, including but not limited to offensive, abusive or sexually inappropriate behavior, or who engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and then to us by contacting us with you police station and report number at email@example.com; provided that your report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- Changes to the Service or Website. We reserve the right to alter, suspend, or discontinue this Website and/or the Service at any time and for any reason or no reason. In such cases, we will endeavor to give notice of such changes on the Website. The Website may also be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Change Mental Health may periodically add or update the information and materials on this Website without notice.
- Feedback: Website and/or Service. If You provide Change Mental Health with any suggestions, comments or other feedback ("Feedback") relating to the Website and/or Service, Change Mental Health may use such Feedback in the Website or in any other Change Mental Health products or services (collectively, " Change Mental Health Offerings"). Accordingly, You agree that: (a) Change Mental Health is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Change Mental Health, (c) Change Mental Health (including all of its successors and assigns and any successors and assigns of any of the Change Mental Health Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Change Mental Health Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Change Mental Health or any of the users of the Website.
- Feedback: Practitioners. You can leave recommendations for Practitioners after completion of a session. If you do so, you acknowledge and agree that the relevant Practitioner will be entitled to use, reproduce and publicize that recommendation on the Website and elsewhere.
- Links to Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by Change Mental Health. Change Mental Health is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-Change Mental Health websites does not imply that Change Mental Health endorses or accepts any responsibility for the content or use of such websites.
- DISCLAIMER.THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, CHANGE MENTAL HEALTH DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHANGE MENTAL HEALTH SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. CHANGE MENTAL HEALTH DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND CHANGE MENTAL HEALTH SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
- LIMITATION OF LIABILITY.UNDER NO CIRCUMSTANCES SHALL CHANGE MENTAL HEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. WE SHALL NOT BE LIABILE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF NATURE AND POWER, INTERENET, AND EMAIL DISCONTINUITY. THESE LIMITATIONS SHALL APPLY EVEN IF CHANGE MENTAL HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.
- Release. Because Change Mental Health does not supervise or control interactions between users and Practitioners, and because Change Mental Health cannot guarantee the true identity, age, nationality of Website users, and because Change Mental Health has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website you agree that you bear all risk and you agree to release Change Mental Health (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Website, your third party transactions, Change Mental Health’s resolution of any disputes between users and Practitioners. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
- Security Information sent or received over the Internet is generally unsecure and Change Mental Health cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.
- Copyright and Trademark Information. This Website, and the information and materials that it contains, are the property of Change Mental Health and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Change Mental Health product names and logos are trademarks or registered trademarks of Change Mental Health Inc. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Change Mental Health. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms.
LAST UPDATE: October 6, 2011