Last Updated: June 26th, 2023

Welcome to Mentalzon! The terms and conditions stated herein (collectively, the “Terms”), together with our Privacy Policy, located at Privacy Policy and incorporated herein by reference, constitute a legal and binding agreement (the “Agreement”) between you (“User” or “Therapist”, as defined below) and Mentalzon, a Delaware corporation (“Mentalzon”, “we”, “us” or “our”).

What We Do

Mentalzon offers an online platform to allow therapists, psychiatrists, other mental health professionals, nutritional therapists, and social workers (each, a “Therapist”) and individual healthcare consumers (each, a “User”) to connect with each other (the “Services”) through our website located at Mentalzon (the “Site”). By accessing or using our Site, you agree to comply with and be bound by these Terms, and any amendments thereon as published on the Site from time to time at Terms of Use. These Terms govern your access to and use of the Site and the Services. If you do not agree to these Terms or any amendments to these Terms, you may not continue to use the Site or Services.

Eligibility to Use the Site and the Services

You must be at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Services. We do not knowingly intend to collect personally identifiable information from children under 13 years of age. If a child has provided us with personally identifiable information, a parent or guardian of that child may send an email message to [email protected] with “Request for Child Information Removal” on the subject line and the name and age of the child in the body of the message. We will then make reasonable efforts to delete the child’s information from the database that stores information for the Site.

Any use of the Services is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.

We reserve the right to suspend or terminate any User or Therapist account and your use of the Services in our sole discretion.

Modification

Mentalzon reserves the right, at its sole discretion, to modify these Terms, the Site, or any Services at any time and without prior notice. If we modify these Terms, we will update the “Last Updated Date” at the top of these Terms. You are responsible for regularly reviewing these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Disclaimer of Medical Liability

THE SERVICES ARE OFFERED FOR INFORMATIONAL, EDUCATIONAL AND SCHEDULING PURPOSES ONLY, AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. MENTALZON DOES NOT PROVIDE THERAPY, MEDICAL ADVICE, OR MEDICAL OR DIAGNOSTIC SERVICES.

MENTALZON SOLELY OFFERS AN ONLINE PLATFORM FOR THERAPISTS AND USERS TO CONNECT ONLINE AND FOR USERS TO OBTAIN INFORMATION TO DETERMINE WHETHER SUCH USER WOULD LIKE TO ENGAGE ANY THERAPIST. MENTALZON DOES NOT EMPLOY, AND IS NOT RESPONSIBLE FOR THE THERAPISTS. MENTALZON SHALL NOT BE RESPONSIBLE FOR ANY ACT OR OMISSION OF ANY THERAPIST OR USER. MENTALZON'S RESPONSIBILITIES ARE LIMITED TO PROVIDING THE SITE AND THE SERVICES.

THERAPISTS AND USERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH EACH OTHER AND ANY AND ALL CLAIMS, INJURIES, ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“CLAIMS”) SUFFERED BY YOU AS A RESULT OF YOUR INTERACTION WITH OR VISIT TO ANY SUCH THERAPIST. YOU AGREE NOT TO IMPOSE OR ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM MENTALZON WITH RESPECT TO ANY AND ALL SUCH CLAIMS. MENTALZON CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILE. MENTALZON IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL THERAPY SERVICES OBTAINED THROUGH THE SITE AND/OR THE SERVICES. ACCORDINGLY, ANY THERAPY SERVICES OBTAINED BY A USER OR PROVIDED BY A THERAPIST THROUGH THE SITE WILL BE MADE AT SUCH USER'S OWN RISK. NOTHING STATED, POSTED, OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

The Site is not intended for diagnosis, including information regarding which drugs or treatment may be appropriate for you, and you should disregard any such drug treatment advice if delivered through the Site. You are advised to exercise a high level of care and caution using the Site.

You agree, confirm and acknowledge that you are aware that the Services do not substitute for a face-to-face session by a licensed qualified professional. You should never rely on or make health or well-being decisions purely based on this Site. You should never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare professional because of information or advice you receive through the Site.

Any information presented on the Site by Therapists, advertisers, and other Users is presented for your information and may not be appropriate for any particular individual or prediction of effectiveness, outcome or success. If you rely on any Content (as defined below) listed on the Site, you do so solely at your own risk.

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, please immediately call the applicable emergency service numbers and notify relevant authorities. You acknowledge, confirm and agree that the Site is not designed for use in instances of serious mental condition diagnosis or drug treatment.

Even though we take steps to verify the information provided to us by the Therapists, we cannot guarantee the authenticity of such information, including medical degrees, licenses, certification, credentials, or background. We do not recommend or endorse any Therapist, nor do we make any representation or warranty with respect to any such information or the quality of the services they may provide.

No Doctor/Patient Relationship

Please understand that using our services, including but not limited to booking a phone consultation, scheduling an appointment, emailing or contacting a therapist, or any other feature we offer, does not establish a formal doctor-patient relationship. The interactions you may have with any healthcare professionals through our platform are informational only and are not a substitute for professional medical advice.

The links we provide to other sites and any assistance we offer to help you locate a healthcare provider should also not be interpreted as creating a doctor-patient relationship.

In other words, while our services may help guide you towards health resources and professionals, these interactions should not replace regular consultations with your own healthcare provider. Always seek the advice of a qualified health provider for any personal health concerns.

Site Access and Profiles

Users and Therapists may voluntarily submit, and hereby authorize Mentalzon, its employees, agents and others operating on its behalf, to use and/or disclose information about such User or Therapist, as provided through messages or profiles, including, without limitation, certain information that personally identifies the individual, as further described in the Privacy Policy (“Personal Information”).

If you are a User, you may engage with the Site without providing Personal Information. However, if you would like to send a message to, or book a phone consultation with, a Therapist on the Site, you may be asked for Personal Information such as your first and last name, email address, phone number, and type of insurance, which will be delivered to the Therapist. By booking a phone consultation or sending a message through Mentalzon's form using the message button, you understand that your message will be sent by email, which is not a secure means of communication.

If you are a Therapist, you agree to work with Mentalzon to create an online profile (“Profile”). Therapists will provide Mentalzon with information such as his or her name, educational background, and professional statement, and a Mentalzon representative will create a Profile on the Site and update information on the Profile as requested going forward. Profiles will be made publicly available via the Site. A Therapist may not have more than one (1) active Profile and each Therapist agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Each Therapist and User agrees not to disclose his or her username or password to his or her Profile to any third party and takes sole responsibility for any activities or actions under his or her respective Profile. Therapists shall immediately notify us of any unauthorized use of a Profile. Mentalzon reserves the right, at any time and without prior notice, to remove or disable access to any Profile and terminate a Therapist's account and access to the Site and the Services for any reason, in its sole discretion.

We have no control over and cannot guarantee the availability of any Therapist at any particular time or guarantee a particular Therapist's office hours. We will not be liable for cancelled or otherwise unfulfilled appointments or any injury resulting therefrom, or for any other injury resulting from the use of the Services whatsoever. Users are strongly advised to perform their own investigation prior to selecting a Therapist by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials, education, and insurance coverage, and to further verify information about a particular Therapist by confirming with the Therapist's office, the medical association relative to the Therapist's specialty and the Therapist's state medical board. Users hereby acknowledge and agree that notwithstanding the assistance that the Services provided to Users in locating Therapists, the ultimate decision to engage the services of a Therapist remains solely with the User, and each User hereby agrees to assume any risk inherent in utilizing the Services and/or deciding to actually engage, and use the services of, any Therapist listed on the Site.

Content

We will use certain defined terms in this section and throughout these Terms as follows:

• “Therapist Content” means Content that Therapists submit or transmit to, through, or in connection with the Services, such as professional experience, certifications, messages and information that Therapists publicly display in their Profiles.
• “Third Party Content” means Content that originates from parties other than Mentalzon, Users or Therapists, which is made available in connection with the  Site or the Services.
• “User Content” means Content that Users submit or transmit to, through, or in connection with the Services, such as recommendations, feedback, messages and information, including Personal Information.
• “Mentalzon Content” means text, images, graphics, photos, audio, video, location data, information, suggestions, guidance, and all other forms of data, communication, or materials provided by Mentalzon.

Users and Therapists may have the opportunity to submit User Content and Therapist Content, as applicable, including feedback regarding Users' experiences with Therapists who are featured on the Site, inquiries concerning possible medical needs, participation in the other interactive and community features of the Services, and updates to Profiles. Therapist Content, Third Party Content, User Content and Mentalzon Content shall be referred to collectively as “Content”.

It is important that you act responsibly when providing Content to the Site. In providing feedback, please give clear, honest information about your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity.

Therapist Content

Therapists are also subject to the following additional terms:

• Mentalzon restricts participation in the Services to Therapists who hold active medical licenses and all certifications necessary to practice any specialty services offered to Users. If you are a Therapist, you represent and warrant, by your continued use of the Services, that you hold an active medical license and all necessary certifications and will notify us promptly if any of this information changes;
• You represent and warrant that at all times your Therapist Content will be complete and accurate;
• You acknowledge that Mentalzon does not represent and has no control over Users.  Mentalzon disclaims all warranties in and liability for, and you agree not to hold Mentalzon liable for, the actions or inactions of Users, including, without limitation, negative feedback, failure to show up at the designated time for appointments, or failure to comply with these Terms;
• You acknowledge that, in providing the Services, Mentalzon may: (i) update your Profile with information obtained from third party sources in consultation with you; (ii) contact you by phone, email, text, or other media; and (iii) take all other actions necessary to provide the Services and keep any Therapist Content complete and current;
• You agree not to falsely express or imply that such Therapist Content is sponsored or endorsed by Mentalzon;
• Therapist Content may not be unlawful or promote or encourage illegal activity; and
• You understand and agree that Mentalzon may (but is not obligated to) review and delete any Therapist Content that in the sole judgment of Mentalzon violates these Terms or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of others.

As part of the Services, we reserve the right to publish information about such Therapist's services and any recommendations submitted by any User regarding the use of such Therapist's services, as well as to remove Therapist Content for any reason. We are not, however, responsible for any failure or delay in removing Therapist Content.

Therapist Content is intended for general reference purposes only. Such Therapist Content is both self-reported by the Therapist and/or collected from other data sources that are generally confirmed by the Therapist. Such Therapist Content often changes frequently and may become out of date or inaccurate. We are not involved in or responsible for any of the services provided by the Therapists.

Content Standards

These content standards apply to User Content and Therapist Content. User Content and Therapist Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Additionally, without limiting the foregoing, Content must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy.
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote or assist any unlawful act;
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any Content violates your copyright, please notify us with the claim of copyright infringement and we will respond expeditiously in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). It is the policy of Mentalzon to terminate the Content of repeat infringers. Click here to read our Copyright Policy.

Conduct

The Services are offered solely for personal use for the purposes described in these Terms. Any and all other uses are prohibited. You agree not to (and not to allow any third party to):

• use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages, database records or other services contained in the Site, Services or Mentalzon Content;
• use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
• take any action that imposes or may impose (in Mentalzon's sole determination) an unreasonable or a disproportionately large load on the Services or Mentalzon's infrastructure;
• interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• attempt to probe, scan, or test the vulnerability of any Mentalzon system or network or breach any security or authentication measures;
• use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity without their permission;
• copy, store or otherwise access any information contained on the Site or Services for purposes not expressly permitted by these Terms;
• use any portion of the Services or Mentalzon Content to provide, or incorporate any portion of the Services or Mentalzon Content into, any product or service provided to a third party;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
• modify any Services or Mentalzon Content or create any derivative product from any of the foregoing;
• register for more than one Profile or register for a Profile on behalf of an individual other than yourself;
• use the Services or Mentalzon Content for any illegal purpose;
• publicly disseminate information regarding the performance of the Services or Mentalzon Content or access or use the Services or Mentalzon Content for competitive analysis or benchmarking purposes; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

Mentalzon has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.  Mentalzon may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Mentalzon or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Mentalzon, its Users, its Therapists, or members of the public. You acknowledge that Mentalzon has no obligation to monitor your access to or use of the Site or Services or to review any Mentalzon Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.

Advertising Disclosures and Representations

Mentalzon may at times advertise on other websites not owned or controlled by Mentalzon. In such cases it is the responsibility of the other website to make any disclosures or representations about such advertising, which may be required by law.

Pricing and Payment

The price for engaging the services of a Therapist will be listed in the Therapist's Profile. These prices are provided by the Therapist to Mentalzon and may be changed at the Therapist's discretion from time to time.

Health Insurances

The health insurances that a Therapist accepts will be listed in the Profiles. This insurance information is provided by the Therapist to Mentalzon and may be changed at the Therapist's discretion from time to time. While Mentalzon will occasionally confirm the accuracy of health insurance information with the Therapists and health insurance company databases, we cannot guarantee the accuracy of which health insurance policies are accepted by a Therapist at any given time.

Trademarks

Mentalzon name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Mentalzon or its affiliates or licensors. You may not use such marks without the prior written permission of Mentalzon. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

License

By making Content available on or through the Site or Services, you hereby grant to Mentalzon a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify (for formatting purposes only), distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access and otherwise exploit such Content on, through or by means of the Services, including for commercial, advertising and promotional purposes relating to the Services.

Subject to your compliance with these Terms, Mentalzon grants you a personal, revocable, limited, non-exclusive, non-transferable license to (i) access and view any Mentalzon Content solely for your personal and non-commercial purposes when you are using the Services; (ii) access and view any Content that belongs to other Users or Therapists to which you are permitted access, solely for your personal and non-commercial purposes when you are using the Services; and (iii) access and use the Services via an industry standard consumer web browser solely for the purpose of receiving information and scheduling communications with the Therapists, as permitted herein. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Mentalzon Content or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mentalzon or its licensors, except for the licenses and rights expressly granted in these Terms.

The Mentalzon Content may be modified from time to time by Mentalzon in its sole discretion and without notice.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site 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 Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Mentalzon. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Links to Third Party Websites

The Site and the Services may contain links to third-party websites or resources. You acknowledge and agree that Mentalzon is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Mentalzon of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

Termination

Mentalzon may suspend or terminate your ability to use all or any element of the Services or the Site or may terminate these Terms effective immediately, without any notice or explanation, in its sole discretion. Without limiting the foregoing, Mentalzon may suspend your access to the Services if we believe you to be in violation of any part of these Terms. After any suspension or termination, you may or may not be granted permission to re-establish a Profile. You agree that Mentalzon shall not be liable to you for the cancellation of your account or termination of your access to the Site and the Services or for any effects of such termination. You may cancel your account at any time by sending an email to [email protected].  Please note that if your account is cancelled, we do not have an obligation to delete or return to you any Content you have submitted through the Site.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MENTALZON BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (A) THESE TERMS, (B) ANY USE OF THE SITE OR THE SERVICES, (C) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES), (D) USE OF ANY SERVICES PROVIDED BY A THERAPIST OR THE PERFORMANCE, NON-PERFORMANCE OR CONDUCT OF ANY THERAPIST IN CONNECTION WITH THE SERVICES, OR (E) TERMINATION BY MENTALZON OF YOUR ACCESS TO THE SITE AND THE SERVICES. MENTALZON IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY THERAPIST LISTED IN THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED $100.

You and Mentalzon understand and agree that the disclaimers, exclusions and limitations in this Section titled “Limitation of Liability” and in the Section below titled “Disclaimer of Warranties” are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that Mentalzon would be unable to make the Services available to you except on these Terms and hereby agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

Disclaimer of Warranties

THE SITE AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND. MENTALZON EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF MENTALZON CONTENT OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES.  MENTALZON SHALL NOT BE LIABLE FOR DELAYS OR INTERRUPTIONS OF ANY COMMUNICATION, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF MENTALZON. MENTALZON DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MENTALZON MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MENTALZON OR THROUGH THE SITE OR THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Mentalzon and its affiliates and subsidiaries, and their officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Site and the Services; (b) violation by you of these Terms; (s) your Content; and (d) your engagement and use of any services provided by a Therapist, including but not limited to, any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a your engagement and use of any services provided by a Therapist.

Release

By using the Site and the Services you agree to release, discharge and hold harmless Mentalzon and its subsidiaries and affiliates from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Site, the Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any Content posted on the Site.

Governing Law and Jurisdiction

All matters relating to the Site and the Services and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, the Site or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.

General

You and we are considered independent entities. No party will be viewed as being in default due to a failure in fulfilling any terms or conditions of this agreement if such failure is a result of situations or events beyond reasonable control, except for financial obligations. If any part of these Terms of Use is deemed invalid, unlawful, or unenforceable, it will not impact the validity, legality, or enforceability of the remaining terms. Not enforcing any provision of these Terms of Use should not be considered as a continuous waiver of that provision or any other. Except for terms that provide you access to or use of this site, all other provisions will remain effective even after the termination of this agreement between us. These Terms of Use bind the parties, their lawful representatives, successors, and allowed assigns, but you may not transfer them. Unless expressly stated in a different written agreement between us, these Terms of Use, along with the Privacy Policy of the site (which we may update from time to time), represent the complete understanding between you and us, replacing any previous agreements, written or verbal.

Electronic Communications

All information communicated as part of the Service is considered an electronic communication. When you communicate with us through the Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “CONTINUE”, “REGISTER”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.

Your Comments and Concerns

If you have any questions about these Terms or if you wish to report a problem to us regarding the Site, a User, or a Therapist listed on our Site, please contact us at [email protected].