Terms of Use

Last Modified: 12/31/2022

IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 9-1-1 IMMEDIATELY.

If you are in a life threatening situation, please do not use this site. Call the 24-hour National Suicide Prevention Lifeline at 1 (800) 273-8255 or use these crisis resources.

Talk Therapy NYC Mental Health Counseling, PLLC

talktherapy.nyc

Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Talk Therapy NYC Mental Health Counseling, PLLC’s (“talktherapy.nyc”, “we,” “us,” and “our”) Platform. Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following: https://www.talktherapy.nyc/ (our "Website"); talktherapy.nyc (our "App"); any products ("Products") available for purchase through our Website and/or our App; and the services ("Services") made available through our Website and App. The non-medical business support services, our Website and App, are collectively referred to as our "Platform."

The Platform talktherapy.nyc sends the contact information of potential clients to Talk Therapy NYC Mental Health Counseling, PLLC ("Talk Therapy NYC"). In addition, the platform sends the contact information of potential clients to up to three (3) mental health providers that are independent and are not employed by Talk Therapy NYC. These independent mental health providers have “opted in” to being a part of a database that is a collection of mental health providers in the United States organized by their area of specialization in mental health and their therapeutic style. These independent mental health professionals are referred to as providers (each, a "Provider") while services provided by employees of Talk Therapy NYC that were connected through the use of our Platform are collectively referred to in this Terms of Use as the “Services.”

By clicking "Accept," you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use, our Privacy Policy, and the Notice of Privacy Practices provided to you by Talk Therapy NYC. If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or use our Platform and/or the Services; PROMPTLY EXIT THIS WEBSITE.

Binding Arbitration

These Terms of Use provide that all disputes between you and talktherapy.nyc that in any way relate to these Terms of Use, the Platform, and/or the Services will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with talktherapy.nyc.

Services Provided – No Medical Care or Advice

The Platform talktherapy.nyc is not a Medical Group and does not provide medical advice, care, and/or treatment. The Platform talktherapy.nyc provides administrative and management services to independent, therapist-owned and operated, mental health practices. The Providers do not utilize the Platform for ongoing treatment or to meet with their patients.

If the Platform talktherapy.nyc connects you with an independent Provider please understand neither talththerpy.nyc nor Talk Therapy NYC Mental Health Counseling, PLLC will not be providing medical advice or care, does not own or operate the medical practices, does not employ or in any way supervise the clinicians providing medical care from independent Provider. The control over the care provided is the sole responsibility of the independent Provider’s private therapy or mental health practice and the Providers they employ. Services and practices may vary across Providers, and if clients decide to begin treatment, they should contact the independent mental health provider’s practice where their independent Providers are employed for all questions concerning their private therapy or mental health treatment.

Alternatively, If a client begins private therapy or seeks the Services of a therapist from Talk Therapy NYC Mental Health Counseling, PLLC those who work for Talk Therapy NYC Mental Health Counseling then that therapist or mental health professional will be responsible for providing answers about your private therapy through Talk Therapy NYC Mental Health Counseling, PLLC.

Not For Emergencies

Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call 9-1-1 immediately.

You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.

Risk of Telehealth Services

By using telehealth Services, you acknowledge the potential risks associated with telehealth services. Although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

Privacy Practices

You agree that information provided by you in connection with the Platform and the Services shall be governed by the Privacy Policy, which is hereby incorporated and made part of these Terms of Use. You also agree that information provided by you in connection with the Services shall also be governed by the applicable Talk Therapy NYC Notice of Privacy Practices, and is hereby incorporated and made part of these Terms of Use.

Not an Insurance Product

We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services obtained through the Platform are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

Ownership of the Platform

The Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features and functionality, and the design, selection and arrangement thereof, are owned by talktherapy.nyc, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”).

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform, including but not limited to Content, except: (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and (c) you may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not: (a) modify copies of any materials from the Platform or received through the Services; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Platform.

You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of talktherapy.nyc without our express written consent.

You must not access or use any part of the Platform or any services or materials available through the Platform for outsourcing for others or as part of a service bureau business so otherwise for the benefit of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes, or otherwise exploited for any commercial purpose without express written consent of talktherapy.nyc.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by talktherapy.nyc. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Availability of Services

The Platform operates subject to state and federal regulations, and the talktherapy.nyc may not be available in your state. We are currently operating with a database of therapists and Providers exclusively in New York State. You represent that you are not a person barred from enrolling for or using the Platform under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform is limited exclusively to users located in states within the United States where the Platform is available. Services are not available to users located outside the United States. Accessing the Platform from jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited.

Access to Platform, Security, and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.

Violations of system or network security may result in civil or criminal liability. We at talktherapy.nyc will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Platform or any activity being conducted on the Platform.

In the event access to the Platform or a portion thereof is limited requiring a user ID and password ("Protected Areas"), you agree to access Protected Areas using only your user ID and password as provided to you by us. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by talktherapy.nyc at any time with or without cause. You agree to defend, indemnify, and hold talktherapy.nyc harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password.

No Users Under 18 Years Old

In order to access the Platform and the Services, you represent and warrant that you are 18 years old or older. If you are under the age of 18, please do not attempt to register with us on the Platform or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please Contact Us.

Your Account

You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account ("Registration Information") and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.

Accuracy and Integrity of Information

Although we attempt to ensure the integrity and accuracy of the Platform, we makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, talktherapy.nyc shall have no responsibility or liability for information or Content posted to the Platform from any unaffiliated third party.

Typographical Errors and Incorrect Pricing

In the event a Provider's stated fee or fee for Service is listed at an incorrect pricing due to typographical error or error in pricing information received from our independent Providers, we accept no responsibility or liability as these are independent Providers. It is both your duty and the duty of the independent Provider to verify fees involved with that independent Provider. The Platform will not be processing these transactions. Transactions with independent Providers are processed by independent Providers not the Platform. However, If an independent Provider increases their rate from what you have been emailed as an estimate for their services please let us know immediately, as the independent Provider will be in violation of their agreement with us. You will be able to provide information anonymously.

Orders and Purchases

Online Payments‍‍

In the event you purchase Services from a provider that works at Talk Therapy NYC rather than an independent Provider, Talk Therapy NYC will process the payment on your behalf. This will be reviewed with you directly with the Talk Therapy NYC therapist you have chosen to set an appointment with. No charges will take place without a credit card authorization form that will be filled out prior to your first appointment. The credit card authorization form has terms that you should read and review with your therapist prior to signing.

We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. All charges and fees will be billed to the credit card you designate on the credit card authorization form. If you want to designate a different credit card or if there is a change in your credit card information, your original credit card authorization form will remain valid for all Services through Talk Therapy NYC regardless of which card is utilized to make payment.

You represent and warrant that if you engage in Services with a therapist at Talk Therapy NYC (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued or you have been given permission and are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If we are unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, we may undertake further collection action, including application of fees to the extent permitted by law. For charges for Services directly through the therapists employed by Talk Therapy NYC, you acknowledge and agree that you will not dispute the charges from Talk Therapy NYC or talktherapy.nyc or any third party payment processor with the payment method company, provided the transactions correspond to the by terms indicated in these

All payments or charges by independent Providers who are not employed by Talk Therapy NYC are between you the potential client and that independent Provider.

Links to Other Sites

We makes no representations whatsoever about any other website that you may access through the Platform. When you access a non-talktherapy.nyc website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-talktherapy.nyc website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Platform, you do this entirely at your own risk.

CAN-SPAM Act and Telephone Consumer Protection Act Compliance

At talktherapy.nyc, Talk Therapy NYC, and your independent Provider are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act") and the Telephone Consumer Protection Act ("TCPA"). E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA, please Contact Us.

Electronic Communications

When you use the Platform, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Talk Therapy NYC, talktherapy.nyc and independent Providers may contact you by telephone, mail, or e-mail to verify your information. Talk Therapy NYC, talktherapy.nyc and independent Providers may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Platform. We reserve the right to suspend anyone from the Platform talktherapy.nyc at will and without notice or cause; a reason or rationale for suspension does not need to be provided.

The electronic messaging does not replace formal forms such as request for records, release of information etc. In order to request your records or other information please contact: info@talktherapy.nyc

By accepting these Terms of Use, you acknowledge that you have read, understood, and agree to the above statements regarding electronic communications.

External Services

The Platform may enable access to talktherapy.nyc’s and/or third-party services and websites, including social media sites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Platform or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by talktherapy.nyc or its agents. You will not use the External Services in any manner that is inconsistent with the terms of these Terms of Use or that infringes the intellectual property rights of talktherapy.nyc or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that we are not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.

Supplemental Terms Applicable to Providers

These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.

To be a mental health provider using the Platform (for purposes of this Section, “Provider” or “you”), and must agree to comply with all laws, medical board rules, license or limited permit granting agencies and other rules and regulations applicable to you as a Provider or otherwise.

Your independent Provider relationship with talktherapy.nyc users is directly between you and the client. The client will never have a provider-patient relationship with talktherapy.nyc unless they choose to begin treatment directly with a therapist employed by Talk Therapy NYC.

As set forth more fully below, Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other clients. Without limiting the generality of the foregoing, Provider and talktherapy.nyc are each responsible for all billings and collections from clients and other consumers, and talktherapy.nyc shall not have any liability whatsoever to independent Providers with respect to any amounts owed by any client or other consumer to Provider.

We do not provide any legal advice, or representations in any way regarding any legal or mental health or malpractice issues associated with independent Providers, goods, or services offered by Providers, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Providers should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Platform in determining Provider’s compliance obligations under the law. Provider and talktherapy.nyc agree that talktherapy.nyc is not providing to customers, patients, or anyone else, medical advice, or legal advice. THE PLATFORM is NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.

Independent Providers will use the Platform only in accordance with applicable standards of good medical practice. While software products such as the Platform can facilitate and improve the quality of service that Provider can offer patients, many factors, including but not limited to the provider/patient relationship, can affect a patient’s outcome, and with intricate and interdependent technologies and complex decision-making, it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Platform and the provision of mental health services to Provider’s patients. In this regard, Provider releases talktherapy.nyc and waives any and all potential claims against talktherapy.nyc as a result of Provider’s use of the Platform and the provision of Services to Provider’s patients.

As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify, and hold talktherapy.nyc harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against talktherapy.nyc, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Platform. To the extent applicable, Provider will obtain talktherapy.nyc’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of talktherapy.nyc or defect in the Platform. In turn, talktherapy.nyc will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.

If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Platform ("Provider Content") or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mails, telephone calls, mailings, or any other method of communication. You represent and warrant to talktherapy.nyc that you have the legal right and authorization to upload all Provider Content to the Platform. talktherapy.nyc shall have a royalty-free, irrevocable, transferable right, and license to use the Provider Content however talktherapy.nyc desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or sell or distribute such Provider Content or incorporate such Provider Content into any form, medium, or technology throughout the world. talktherapy.nyc is and shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content.

Let it be known, talktherapy.nyc does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Platform. You grant talktherapy.nyc the right to use the name that you submit in connection with any Provider Content. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Platform or provide to patients or other consumers. talktherapy.nyc and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.

Dispute Resolution; Arbitration Agreement

We will try to work in good faith to resolve any issue you have with the Platform, including Products and Services ordered or purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

You and talktherapy.nyc agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Platform, including Products and Services ordered or purchased through the Platform, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and talktherapy.nyc are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and talktherapy.nyc.

If you desire to assert a claim against talktherapy.nyc, and you therefore elect to seek arbitration, you must first send to talktherapy.nyc, by certified mail, a written notice of your claim ("Notice"). The Notice to talktherapy.nyc should be addressed to: talktherapy.nyc, Inc., Attn: LEGAL NOTICE, 255 Fifth Ave Suite 2062 New York, New York 10001 ("Notice Address"). If talktherapy.nyc desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by talktherapy.nyc, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If talktherapy.nyc and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or talktherapy.nyc may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by talktherapy.nyc or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after talktherapy.nyc receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless talktherapy.nyc and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of talktherapy.nyc’s last written settlement offer made before an arbitrator was selected (or if talktherapy.nyc did not make a settlement offer before an arbitrator was selected), then talktherapy.nyc will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND talktherapy.nyc AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and talktherapy.nyc agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for New York County, New York. Both talktherapy.nyc and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable.

Indemnification

You agree to defend, indemnify, and hold talktherapy.nyc and any affiliates harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Platform, Products, Services, or any information posted on the Platform; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to talktherapy.nyc, Talk Therapy NYC, your Provider, or a customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Platform, Products, Services, or any information on the Platform, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

Disclaimer of Warranties

talktherapy.nyc DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. talktherapy.nyc DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. talktherapy.nyc DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY talktherapy.nyc ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

Limitation of Liability Regarding Use of Platform and Services

Neither, talktherapy.nyc OR ANY THIRD PARTIES MENTIONED ON THESE PLATFORM ARE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICE, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF talktherapy.nyc TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND SERVICES IS $500 (FIVE HUNDRED DOLLARS).

Revisions; General

Finally, talktherapy.nyc reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between talktherapy.nyc and you pertaining to the subject matter hereof. In its sole discretion, talktherapy.nyc may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform.

Talk Therapy NYC Mental Health Counseling, PLLC

DBA: talktherapy.nyc

244 Fifth Ave, Suite 2062

New York, NY 10001

email: info@talktherapy.nyc