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TERMS OF USE

This Agreement sets and contains all of the terms and conditions between a User of Talkspace.com services ("you" "client" or "User") and Talkspace (the "Site" "Site Offerings" or the "Platform"). Talkspace reserves the right to change these Terms of Use from time to time as it deems necessary, and will post such changes and their effective date within the current Terms of Use on this website.

You may browse this site for personal information. However, please do not copy, distribute, modify, transmit or revise the contents of this site without written permission from Talkspace. Neither title nor intellectual property rights are transferred to any third party through the use or access to this site; rather, all rights, title, and interest in and to all aspects of this site remain the sole property of Talkspace.

TALKSPACE IS A SOFTWARE COMPANY THAT BUILT A PLATFORM TO CONNECT THERAPISTS AND USERS-IT DOES NOT OFFER THERAPY DIRECTLY OR SELL THERAPY SERVICES.

  1. Disclaimer of Medical Liability

    The content is offered for informational and educational purposes only, and is not intended to be a substitute for medical advice, diagnosis or treatment. Talkspace does not offer or give medical advice. We do not provide medical or diagnostic services. You should not act upon this information without seeking professional advice and counsel.

    Talkspace is an online platform through which we connect clients and therapists for one-on-one discussions/chats/video interfaces. We also may set up group talks on informative subjects of interest to our clients. The Platform is via multiple websites; devices, platforms and other means such as cell phones, tablets and other handheld devices and all of out Terms of Use are for all platforms offering this site.

    Talkspace enables you to communicate with a Therapist for the purpose of getting information, advice or any other input. Talkspace does not hire the Therapists. We carefully screen our Therapist applicants using licensed experts in the Therapy field and insist on evidence of the applicant's credentials. However, Talkspace assumes no responsibility for any act, omission or doing of any Therapist. We make no representation or warranty whatsoever as to the willingness or ability of a Therapist to give advice. We make no representation or warranty whatsoever as to whether you will find the site helpful.

    The site is not intended for diagnosis, including information regarding which drugs or treatment that may be appropriate for you, and you should disregard any such drug treatment advice if delivered through the site. You are advised to exercise a high level of care and caution in the use of the site. You agree, confirm and acknowledge that you are aware of the fact that the Site Offerings are not a complete substitute for a face-to-face session by a licensed qualified professional. You should never rely on or make health or well-being decisions purely on use of this site. Furthermore, we strongly recommend that you will consider seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare Therapist, by face-to-face appointment, because of information or advice you received through the Talkspace.com.

    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 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. This Site provides links and numbers on its front page. You acknowledge, confirm and agree that Talkspace.com is not designed for use in instances of serious mental condition diagnosis or drug therapy.

    While Talkspace does research and verify certain documents of the Therapists using the site, we do not guarantee the verification of medical degrees, qualifications, licensure, certification, credentials, competence or background of any Therapist. Your relationship relating to the Site Offerings is strictly with the Therapist. They provide their own license and insurance and state their own expertise in their chosen fields. We are not involved in any way with the actual substance of that relationship or any part of the Therapist Service and we do not validate or involved in any of the Site Offerings.

    When you make a payment through the site, or make any payment to us, this payment is made to the Therapist for the Site Offerings. We will charge the Therapist by taking a portion their compensation for the use of the site services and the Platform offered through its various iterations. This is the Internet equivalent of renting an office space to the Therapist. Regardless of this payment, we will not be deemed as the Therapist of a provider of any Therapist Services. Furthermore, the payment for the use of the Platform is made by the Therapist and not by you.

    Both the Therapist and you the Users of the site agree to indemnify Talkspace and its corporate entity, Groop Internet Platform Inc. for any claims made by a Therapist or User against each other for any services provided through this site or any reason whatsoever. The Users and Therapists agree to indemnify and hold harmless Talkspace, its related entities, affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.

  2. Proper Use of the Site

    We do not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned or described in this website. If you rely on any content obtained by you on or through this website, you do so solely at your own risk. You are solely responsible for compliance with the laws and regulations applicable to your place or country of residence and accessing this website from any country where its content does not comply with its laws and regulations is prohibited.

    You agree that Talkspace and its affiliates shall not be liable to you or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through use of this website. In no event will Talkspace or its affiliates be liable to you or anyone else for any incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the content, the website or any other information obtained through the website, even if Talkspace, its affiliates, its licensors, agents or representatives know or have been advised of the possibility of such damages.

    These excluded damages include, but are not limited to, medical, legal and any other malpractice damage claims or awards, pain and suffering, personal injury/wrongful death, loss of income, loss of consortium, business interruption, medical bills, damages for loss of data, loss of programs, and/or cost of procurement of substitute services or service interruptions. Talkspace’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to the website, the content or these terms of use shall not exceed the fee, if any, paid by you or on your behalf for the use of the website for the prior twelve (12) months.

  3. Hyperlinks

    Any link (including a hyperlink, button or referral device of any kind) used on this website is provided for your use and convenience. The appearance of a link on this website does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship with us. We do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party websites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do 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.

  4. User Responsible for All Posts and Communication

    Neither Talkspace nor its affiliates are under any obligation to respond to messages posted to this site. If you post any information or material to this website you are responsible for such information or material and the consequences of their posting. If you choose to post material, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the information, creations, data or material you may post to this website.

    We do not and are not responsible for screening or monitoring material posted by you or any other person or entity. If notified by one of our Users of any material that is alleged not to conform to the terms of these terms and conditions, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to these terms and conditions. We reserve the right to edit or delete any material posted on our website, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.

    We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted by others on the website. We also do not endorse any opinions expressed by others on the website. You acknowledge that any reliance on content posted by others on the website, and your use of that content, is at your own risk.

  5. Forbidden Material (harmful language, malicious software, solicitation, spam etc.)

    All Users expressly agree to not post any material that:

    1. Is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law;
    2. Infringes on the copyright or any other proprietary right of a third party;
    3. Would invade the privacy of any other person;
    4. Is intended to advertise to or solicit others without our express permission;
    5. Constitutes charity solicitations, chain letters or pyramid schemes;
    6. Contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or
    7. Does not generally pertain to the designated topic or theme of the website.

    You further expressly agree that you will not:

    1. After receiving warning, continue to post material which we have advised you not to post;
    2. Create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
    3. Post, generate or disseminate so-called "spam" or mass-mailings;
    4. Harvest or otherwise collect information about others, including email addresses, without their consent;
    5. Interfere with or disrupt networks connected to the website, or used for purposes of delivering the content (or violate the regulations, policies or procedures of such networks);
    6. Attempt to gain unauthorized access to restricted areas of the website, other accounts, computer systems or networks connected to the website, through password mining or any other means; or
    7. Interfere with another User's use and enjoyment of the website.

    We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms of Use, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

  6. Copyright and Trademarks

    You hereby grant to Talkspace a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the website by all means and in any media now known or hereafter developed for any use or purpose. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process for a password or username, if any.

    Talkspace only purports to use names, logos or marks appearing in this site in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trade marks, licenses, or otherwise. For the avoidance of doubt, Talkspace does not purport to use any name, logo or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use of these trademarks or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited.

    All content and materials available on Talkspace.com, including but not limited to text, graphics, domain names, code, images and logos are the intellectual property of Talkspace, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited. Talkspace.com is a copyright protected site. All rights reserved.

  7. Age Requirements, Password, Email and Honesty Policy for Talkspace

    You agree that by using the Site, you are at least 18 years of age and legally and have no reason to believe you would not be judged a competent adult. By registering as a User and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of the Talkspace Privacy Policy.

    By your use of this site, you acknowledge that the information furnished by you is accurate, true and complete, and you will maintain and update such information during your use of this Site so that it will remain true, accurate, current and complete.

    During your use of this Site or its related Platforms, you may be asked to provide a User name and password. You remain responsible for maintaining the confidentiality of your password and User name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, User name or password. You may not use the account, Username or password of someone else. You will immediately notify Talkspace of any unauthorized use of your password, User name or e-mail. Talkspace will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge.

    You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your continued use of this Site’s Offerings will signify your acceptance of the changes to the Site or the Terms of Use. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. Talkspace may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, Member agrees to be bound by such changes to this Agreement.

    You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website with or without notice and any suspected illegal, fraudulent or abusive activity may be grounds for terminating your use of the Site and may be referred to appropriate law enforcement authorities. Talkspace reserves the right to remove or delete any information that you may have on file with us, including any account or login information.

  8. Adverting and Promotions

    A Promotion advertised on the Talkspace.com site is subject to availability and is not an indication of availability. In particular, Talkspace.com and Groop Internet Platform, Inc. reserve the right to amend, modify, extend or cancel a Promotion without advance notice to the public. Talkspace.com and Groop Internet Platform Inc. reserve the right to reject, approve or remove any advertising from the site in our sole discretion, including ads that negatively affect our Users or that promote content contrary to our philosophy.

  9. Other Legal Terms

    Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.

    This Agreement shall be interpreted only in accordance with the laws of the State of Delaware. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

    No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

    UNLESS OTHERWISE EXPRESSED, TALKSPACE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

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1. Your gender:
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