TERMS AND CONDITIONS
This Agreement sets and contains all of the terms and conditions between a User of Talktala.com services ("you" or "User") and Talktala ("Site").
Talktala reserves the right to change these terms and conditions from time to time as it deems necessary, and will post such changes and their effective date within the current terms and conditions 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 Talktala. 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 Talktala.
Disclaimer of Warranties
This website, its content and access are provided on an "as is" basis. Talktala, and its affiliates, to the fullest extent permitted by law, disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third-parties' rights, title, or fitness for a particular purpose, or warranties arising by course of dealing or custom of trade.
Specifically, Talktala and its affiliates make no representations or warranties regarding the (i) accuracy, completeness, currency or timeliness of the content, (ii) links provided on or through the use of this website or (iii) the quality and security of the website, or inability to access the content or website, including whether they will be free of viruses, unauthorized code or other harmful components.
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. Talktala 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.
It is the intent of Talktala.com to create an informational website. Any statements made in this website about products have not been evaluated by the United States Food and Drug Administration. They are not intended to diagnose, treat, cure or prevent any condition or disease.
User Assumes All Risk and Liability
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 Talktala 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 Talktala 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 Talktala, its affiliates, its licensors, agents or representatives know or have been advised of the possibility of such damages.
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.
User Responsible for All Posts and Communication
Neither Talktala nor its affiliates are under any obligation to respond to messages posted to this site or to provide any compensation for any such communication. 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.
Forbidden Material (harmful language, malicious software, solicitation, spam etc.)
All users expressly agree to not post any material that:
You further expressly agree that you will not:
Copyright and trademarks
You hereby grant to Talktala 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.
Talktala 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, Talktala 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.
Age Requirement for Talktala
You agree that by using the online Counseling Service, you are at least 18 years of age and legally able to enter into a contract.
Definition of Service
Talktala provides a platform where Users can talk in a group moderated by a licensed therapist. It is not therapy. Talktala will enable a Member to communicate with Moderator and other members of the group and to pay for services provided by such Moderators. Talktala makes no representation or warranty whatsoever as to (a) the willingness or ability of any Moderator to give advice, (b) whether the Member shall find the advice given by a Moderator satisfactory, (c) whether the advice of the Moderator will provide an adequate solution to his or her question, or (d) whether the Moderator advice will otherwise be suitable to his or her needs.
Talktala makes reasonable efforts to verify the skills, degrees, qualifications, credentials or background of any Moderators. However, Users are encouraged to independently verify the skills, degrees, qualifications, credentials and background of those Moderators from whom he or she receives or contemplates to receive services.
TALKTALA DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, OR OTHER SERVICES PROVIDED BY MODERATORS, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY MODERATOR. TALKTALA DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ITS MODERATORS OR ANY ADVICE PROVIDED, INCLUDING ANY INFORMATION CONTAINED IN ANY MODERATOR LISTING. TALKTALA WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY MEMBER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY MODERATOR.
INTERACTIONS WITH PROFESSIONAL MODERATORS
IF A USER CHOOSES TO INTERACT WITH A MODERATOR ON THE SITE, THE USER RELATIONSHIP IS STRICTLY WITH THE PROFESSIONAL OR MODERATOR. TALKTALA IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE ADVICE OR INFORMATION GIVEN THEREIN, AND DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED.
THE ADVICE OR INFORMATION PROVIDED BY MODERATORS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL ADVICE. MEMBERS SHOULD NOT RELY SOLELY ON ADVICE PROVIDED BY MODERATORS ON THE SITE. TALKTALA STRONGLY RECOMMENDS THAT A MEMBER SEEKING MENTAL HEALTH OR MEDICAL ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH QUALIFIED PROFESSIONALS.
Talktala does not endorse or recommend any Moderator on the Site. Member understands that it is his or her responsibility to check the certification and/or licensing of the mental health professional, physician, or other professional Moderator with the applicable state licensing Board or authorities in the Moderator's state or country.
Member acknowledges no Moderators are employees or agents of Talktala and Talktala assumes no responsibility for any act or omission of any such Moderator. User understands and agrees that, although a Moderator may have been accessed through the Site, Talktala cannot predict or assess the competence of, or appropriateness for Member's needs, of the Moderator. User also understands that User takes full responsibility for the decision to access a Moderator through the Site and to continue to interact with the Moderator, and that the role of Talktala is strictly limited to providing access to such professionals and other Moderators and their services for User's consideration.
Release from Liability
User hereby releases and agrees to hold harmless Talktala, Groop Internet Platform, Inc., its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of any Moderators accessed through the Site.
IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
Opinions of the mental health professionals and other Moderators on this Site are solely their opinions, and not those of Talktala. Talktala does not assume any liability or responsibility for the accuracy of the content on the Site, including the biographical information, qualifications, credentials or other data regarding the mental health professionals, physicians, or other Moderators.
Talktala does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by a Moderator.
User should independently verify the qualifications, experience and credentials of any Moderator engaged by Member.
Talktala does not warrant the validity, accuracy, or availability of the content and Moderator advice provided and it will not be liable for any damages sustained by Member due to reliance on such information or advice.
The information furnished by Moderators is intended for general reference purpose only. The consultation with Moderators via Talktala cannot and does not replace a meeting with a professional. Member is encouraged to verify the information furnished by Moderators. Any information on Talktala and information furnished by Moderators is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER'S FULL AND SOLE LIABILITY.
Disclaimer of Warranty and Limitation of Liability
MEMBER ACKNOWLEDGES AND AGREES THAT THE TALKTALA SERVICE IS PROVIDED "AS IS", AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS TALKTALA IN RESPECT TO TALKTALA’S MODERATORS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF TALKTALA IS AT THE MEMBER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, TALKTALA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
TALKTALA EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY MODERATORS. IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY A MODERATOR FOLLOWING THE USE OF TALKTALA, MEMBER MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS TALKTALA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE MEMBER DECIDES TO RECEIVE AND/OR TO RELY ON. TALKTALA WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES OR INFORMATION ACQUIRED THROUGH TALKTALA. THE PURCHASE OF SERVICES IS AFFECTED AT THE MEMBER'S SOLE RISK.
UNDER NO CIRCUMSTANCES WILL TALKTALA, GROOP INTERNET PLATFORM, INC., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. TALKTALA, GROOP INTERNET PLATFORM, INC., ITS AFFILIATES, THEIR RESPECTIVE COUNSELORS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO MODERATORS THROUGH TALKTALA IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. MEMBER ACKNOWLEDGES AND AGREES THAT TALKTALA DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MODERATOR IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY AND HOLD TALKTALA HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
TALKTALA WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN A MODERATOR AND A MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A MODERATOR.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH TALKTALA, THE MEMBER HEREBY RELIEVES TALKTALA, GROOP INTERNET PLATFORM, INC., ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
User agrees that any claim or dispute related to the use of the Site and its Services, including Online Counseling, whether related to this agreement or otherwise, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association, under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction.
By agreeing that you read and accepted the User Agreement and these Terms and Conditions the Member registration form, you, the Member, represent, warrant and agree to the following:
You, the Member, will be solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. You warrant and declare that while you are using Talktala you will act according to the following rules and agree to the following:
Member and Talktala Fees
Talktala will use reasonable efforts to process the payments due from the Member according to the terms agreed upon between Member and a Moderator within seven (7) working days from the execution date of each transaction.
Member is obligated to report to Talktala in cases when he or she was billed directly by a Moderator (i.e. not through Talktala). Such report should include a description of the service that was rendered by the Moderator and the price charged.
Time charges to Members are based on increments of 15 seconds as measured on Talktala’s servers. Talktala’s billing system is not fault-free or flexible; therefore Talktala shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Member. If the Member thinks that a mistake has occurred he or she may send his or her complaint to team@Talktala.
User Name and Password
When you, the Member, create and open an account with Talktala, you will be asked to provide a user name and password. You are entirely 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 at any time. You will immediately notify Talktala of any unauthorized use of Member's password, user name, e-mail, or any other breach of security. Talktala encourages Member to change their password at least once a month. Talktala 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 may be held liable for any losses incurred by Talktala due to someone else’s use of your account or password.
Talktala may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
Member shall indemnify, defend and hold harmless Talktala, Groop Internet Platform, Inc. and its employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Talktala or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Member according to this Agreement; (b) Member's refusal to pay for services provided by any Moderator; or (c) any materials that Member had posted to Talktala or transmitted through it, and/or any content on Member's Web site or otherwise provided by Member.
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.
Member shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Talktala. Any purported assignment by Member without the appropriate prior written approval will be null and void and of no force or effect.
Adverting and promotion
A Promotion advertised on the Talktala.com site is subject to availability and is not an indication of availability. In particular, Talktala.com and Groop Internet Platform, Inc. reserves the right to amend, modify, extend or cancel a Promotion without advance notice to the public. Talktala.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.
Modifications to this Agreement
Talktala 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.
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 New York (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in California. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Talktala and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Talktala with respect to the subject matter except as set forth herein. Talktala services are not open to Members who live in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States.
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.
The Member may report any violation of this Agreement to team@Talktala.
All contents of this site are owned by Talktala. Talktala is a copyright protected site and patent pending. All rights reserved.
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