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TERMS OF USE (“Terms”)

For

Text and Online Counseling

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

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 YOU 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. THE TEXT AND ONLINE COUNSELING SITE DISPLAYS THE SUICIDE HOTLINE IN SEVERAL PROMINENT LOCATIONS AND HAS AN INDEX OF NATIONAL, REGIONAL AND STATE RESOURCES FOR MENTAL HEALTH EMERGENCIES WHICH WE IMPLORE ALL USERS OF THIS SITE TO USE WHEN FACED WITH AN IMMEDIATE OR EMERGENT CRISIS.

Please read the following Terms carefully before using Text and Online Counseling[’s/LLC’s] website and its subdomains, including but not limited to the www.textandonlinecounseling.com website, as well as any online features and other services and/or programs offered by Text and Online Counseling[ LLC] (collectively, “TOC”, “our”, “us” or “we”).

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By accessing or using our website and its subdomains (referred herein to as the “Website”), you indicate your unconditional acceptance of the following Terms on your own behalf and on behalf of any organization you represent (collectively, “you“ or “your“). You should review these Terms regularly as they may change at any time at the sole discretion of TOC. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to services available through the TOC network via the Website and any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Website.

We will make an effort to update this page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).

You hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to therapy or have your parent/guardian consent to therapy, and (ii) physically located or are a resident of the State you have chosen as your current residency when creating your Account. You agree to provide “Contact Information” (your personal contact and/or a close family member/relation) to your Provider (as defined below) to act as an information source to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial. You acknowledge that your ability to access and use the Website is conditioned upon the truthfulness of the information you provide regarding your age, residence and Contact Information and that the mental health service providers you access (“Provider(s)”) are relying upon this certification in order to interact with you and provide the mental health counseling services (the “Services”).

  1. CONVENIENCE AND INFORMATION ONLY; SITE CONTENT.  By merely providing access to the Website, TOC does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) TOC has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Website is accurate or complete. Other than the guidance and advice you receive directly by you from your licensed Provider, the other educational, graphics, research sources and other incidental information on the Website, the Content, should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. TOC does not endorse any specific tests, medications, products or procedures. TOC is not licensed to practice medicine and does not render medical care or medical advice. All services or recommendations made by a Provider are based solely on such Provider’s independent professional judgment.

2. SITE USE AND CONTENT. You may view, copy or print the Content solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Content without the express, prior, written consent of TOC. At any time, we may, without further notice, make changes to the Content or the Website, to these Terms and/or to the services described in these Terms.

3. USER ACCOUNT, EAP, FEES AND INSURANCE BENEFITS.

a. ONLINE ACCOUNT ACCESS. To access the Services, you must first enroll to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Website and the Service and, if applicable, in order for Providers to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form (understanding you may use an anonymous user name or nickname after you provide certain personal and emergency contact information); and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TOC has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, TOC reserves the right to transition your treatment to another provider outside of TOC and refuse any future request(s) to use the TOC Website. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. TOC will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

b. EMPLOYER ASSISTANCE PROGRAMS (EAP). In addition to the registration described above, access to the Services through an EAP or an employer-sponsored benefit plan or other insurance backed plans may require you to provide additional registration information. This information is collected to confirm your eligibility with the EAP or network benefit administrator and is not shared with your Provider (who will collect your contact information separately). Further, your employer or the employer of the subscriber of your benefits will not be provided this information (you likely already gave them similar information in your employee file unless you are a family member of an eligible employee) and your employer will not be told you or your family member are using the Services unless such information is shared by you or part of a pre-arranged special program. Information collected under these circumstances will include but not be limited to: First Name, Last Name, Email, Date of Birth, Phone number, Who you are (employee or the spouse, domestic partner, or dependent of an employee in certain programs), Employer’s name. This information is required to confirm program or benefit eligibility, your specific benefits, and to prevent insurance and benefit fraud.

c. CHARGES FOR SERVICES. You will be informed of the fee to be charged when you select a Provider. Fees may vary from Provider to Provider. You will be asked to supply credit card information, which will be verified prior to your online visit. You will not be able to use Website to communicate with a health services provider if the credit card information you provide is inaccurate or if your credit card is declined. In order to facilitate payment for your online visit, TOC will share your credit card information and related personal information to its designated credit card payment processor. This information is shared solely for the purpose of collecting the fee.

d. RESPONSIBILITY FOR APPLICABLE FEES AND INSURANCE BENEFITS. You are solely responsible for all fees associated with your use of the Website, including any Services. You may, at your sole discretion, elect to provide TOC with your health insurance information. This information will be used to electronically check your eligibility and submit a claim on your behalf. Your copay and/or deductible will be estimated based on the response from your health insurance provider at the time of the visit and will be charged to your credit card. The actual payment by your health plan may be more or less than the estimated amount. If your health plan reimburses more than the estimated amount, TOC will refund the difference back to your credit card. If your health plan reimburses less than the estimated amount, you will be responsible for paying the difference. If your health insurance carrier has entered into a contract with a Provider to reimburse the Provider for services, the amount your insurer has agreed to reimburse the Provider will be reflected in the fee that you are charged. You are encouraged to contact your insurer to see if the services offered through TOC and its Website are covered prior to using the Website or the Services. PLEASE NOTE that in order to take advantage of any insurance benefits your insurer may offer you must create an Account. Users who have not created an Account will not have their insurance claim electronically submitted to the user’s insurance, even if such benefits are offered by the user’s insurer.

4. USER CONTENT

a. Submitted Content You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content“) that you submit, use, display or share on or via the Website or Services. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Website or Services. If you choose to provide information or User Content to use, register for or participate in a service, event, or promotion, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

b.Ownership and Use of User Content. We do not claim ownership of any User Content. By submitting such User Content, however, You hereby grant us the right to (i) copy, store and use that User Content for the purpose of providing you with our services and (ii) modify the User Content to remove identifiers of you and any other individuals or companies, aggregate such information (“Aggregated Data“) and copy, store and use such Aggregated Data for the purpose of improving the TOC services generally.

c. User Representations. You represent and warrant that: (i) you own the User Content submitted and used by you on or through the Website or Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the submission and use of your User Content on or through the Website or Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you submit or use on or through the Website or Services; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.

d. Required Disclosures. You acknowledge and agree that we may store and/or preserve User Content and may also disclose User Content and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms; (c) respond to claims that any User Content violates the rights of third-parties in accordance with these Terms; and/or (d) protect the rights, property, or personal safety of us, our representatives and/or agents, our users or the public.

5. USER CONDUCT. You understand and agree not to use TOC to:

a. Post or upload images, content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.

b. To violate any laws or for any illegal purpose.

c. Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.

d. Upload, post, email, transmit or otherwise make available any content, or initiate communications which include information, that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

e. Upload, post, email, transmit or otherwise make available any content, or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.

f. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,“ “spam,“ “chain letters,“ “pyramid schemes,“ or any other form of solicitation. This prohibition includes but is not limited to: a) using TOC to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) using TOC to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.

g. Upload, post, email, transmit or otherwise make available 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.

h. Stalk or harass anyone.

i. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through TOC.

j. Post content in fields that are not intended for that content. Example: Putting an address in a name or title field.

k. Interfere with or disrupt TOC or servers or networks connected to TOC, or disobey any requirements, procedures, policies or regulations of networks connected to TOC.

6. PROVIDERS. TOC does not directly employ the Providers listed on its Website. TOC only works with independent, licensed and insured professional Providers. Your relationship with the Provider is strictly with the Provider. TOC is not involved in the Provider-patient relationship and does not interfere, validate or control the Provider’s treatment unless advocating on behalf of You when following up on a particular complaint. The information we make available about any particular Provider is supplied to us by that Provider, and TOC makes no warranty as to its accuracy. Users of the Website are ultimately responsible for choosing which Provider to communicate with. You are always advised to exercise a high level of care and caution in the use of Providers listed on the Website as you would making any mental health or medical decision. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare Provider, or using or combining TOC with traditional face-to-face appointments, solely because of information you saw on the TOC Website or advice you received through a Provider.

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7. PRIVACY. You affirmatively consent to the fact that TOC’s personnel will, as needed, review your particular clinical information, including, without limitation information you provide on the TOC intake form and information provided during the course of the Services (collectively, the “Clinical Information”), in a HIPAA/HITECH approved de-identified form for the following purposes: (1) during your on-boarding and during the Provider selection process to provide relevant Clinical Information to the Provider;; (2) to review your complaint about a particular issue/instance that you report about your Provider or about a particular language intention with your Provider; (3) for your safety concerns or complaints of unethical Provider practices; (4) to transition you to a new Provider or if your account is non responsive or inactive for an extended period of time; or (5) to address raised quality assurance concern(s) that may apply to an individual Provider, a state-wide compliance issue or a national network issue. You consent to TOC using “Meta Data“ and other search terms to scan only HIPAA ‘Safe Harbor” de-identified transcripts to search for trends and patterns that may affect the quality of the services provided to you or the practices of the Providers. If your particular complaint requires a review of session transcripts in the original form, you consent to TOC personnel accessing your account only to respond to your particular complaint or raised issue. You consent to TOC recording your calls to TOC Customer Service to assure quality assurance. You affirmatively grant TOC permission to have your Provider periodically provide non-content based clinical assessments of your progress to TOC. All de-identified data, meta-data and research data collected by TOC through your use of the Website or Services remains the sole property of TOC. TOC may share some or all of this research data with third parties in connection with joint or outside research, analytics, or similar purposes. Research data is used in non identifiable aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. You shall not request that TOC remove or delete any of such data. You agree that the email username you provide can be used by TOC to send you marketing offers from TOC. In addition to the foregoing, personal data that you provide regarding yourself will be handled in accordance with TOC’s Privacy Policy.

8. DISCLAIMERS.

a. NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. TOC PROVIDES THE WEBSITE AND THE CONTENT ON A COMMERCIALLY REASONABLE BASIS AND TOC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. TOC DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE CONTENT AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT TOC SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND/OR THE CONTENT AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

b. INDEMNIFICATION. You agree to defend, indemnify and hold TOC and its affiliates, subsidiaries, owners, directors, members, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by TOC, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

c. ALERT DISCLAIMER. You understand and agree that any alerts provided to you through TOC may be delayed or prevented by a variety of factors. We do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

9. LIMITATION OF LIABILITY. TOC’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE, THE CONTENT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH TOC. IN NO EVENT WILL TOC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, THE CONTENT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE CONTENT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE CONTENT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE CONTENT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE CONTENT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS TOC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

TOC is not responsible for any claims you may have against any medical professionals, suppliers of products or other persons, institutions or entities identified in whole or in part through this Website, including any Providers providing Services to you.

10. THIRD PARTY CONTENT. TOC may provide hyperlinks to other web sites maintained by third parties, or TOC may provide third party content on the Website. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER TOC’S CONTROL AND TOC IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

11. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are TOC’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. TOC is the copyright owner or authorized licensee of all text and all graphics contained on the Website. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of TOC’s trademarks or service marks without TOC’s prior written permission. MY REFINWELL aggressively enforces its intellectual property rights. Neither the name of TOC nor any of TOC’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without TOC’s prior written permission. If you believe that any Content on the Website violates any intellectual property right of yours, please contact TOC at the address, email address or telephone number set forth at the bottom of these Terms.

12. LOCAL LAWS. TOC makes no representation that Content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. TOC is not responsible for any violation of law. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations. You agree that the Website, these Terms and the Content shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the Commonwealth of Pennsylvania. The Website and the Content shall be deemed a passive website and service that does not give rise to personal jurisdiction over TOC, either specific or general, in jurisdictions other than the Commonwealth of Pennsylvania. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the Commonwealth of Pennsylvania, Philadelphia County. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

13. AVAILABILITY. Information that TOC publishes in the Website may contain references or cross-references to products, programs or services of TOC that are not necessarily announced or available in your area. Such references do not mean that TOC will announce any of those products, programs or services in your area at any time in the future. You should contact TOC for information regarding the products, programs and services that may be available to you, if any.

14. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by TOC unless acknowledged by TOC in writing. TOC has no obligation to provide you with written acknowledgment. TOC may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.

15. TERMINATION OF SERVICE. We may terminate your User Account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to TOC, to the business of the Website’s Internet service provider, or to other information providers.

16. CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Website. By submitting information through the Website, you agree that the information submitted shall be subject to the TOC Website Privacy Policy.

17. CLASS ACTION WAIVER and ARBITRATION. You agree that any dispute arising out of the use of the Website or the Content shall be brought only in your capacity as an individual, and no claims may be brought as a class. All disputes shall be submitted to binding arbitration in Philadelphia, PA before a board of three neutral arbitrators. The arbitration and rules shall be according to the American Arbitration Association (AAA). In no event shall the arbitrators award punitive damages.

18. MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TOC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the TOC Website Privacy Policy are the entire agreement between you and TOC with respect to your use of the Website and the Content, and supersede any and all prior communications and prior agreements, whether written or oral, between you and TOC regarding the Website and the Content.

Your Consent To This Agreement

By accessing and using the Website, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Website and/or the Content. Your use of the Website and/or the Content following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by sending your comments to:

Text and Online Counseling[ LLC]

Attn: Jessica Blanding MS, LPC

Jessica@textandonlinecounseling.com

EFFECTIVE AS OF: January 1, 2021

LAST UPDATED: August 19, 2024