Terms & Conditions

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

 

IF YOU ARE EXPERIENCING ANY OF THE FOLLOWING, DO NOT USE THIS SITE; CALL 9-1-1 OR GO TO YOUR NEAREST EMERGENCY ROOM: THINKING ABOUT SUICIDE, CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, FEELING THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER, OR IF YOU HAVE ANY MEDICAL OR PSYCHIATRIC EMERGENCY THE HEARYOU.ORG SITE DISPLAYS THE SUICIDE HOTLINE AT THE BOTTOM OF EACH PAGE.

Please read these Terms of Use carefully ("Terms"). These Terms govern and apply to your access and use of the professional counseling sessions between the Client (“You”) and a HearYou.org counselor (“Counselor”) and the communication platform offered by Wellness Together, Inc. (d/b/a HearYou.org) (the “Service”). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “You", "Your,” and “Yourself” refer to the individual user of the Service.

You hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to the Service or have your Parent/Guardian’s consent to the Service, and (ii) physically located in the U.S. State you have chosen as your current residency when signing up for Service. You agree to provide “Contact Information” (your personal contact and/or a close family member/relation) to your Counselor 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 required, as determined by your Counselor. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence, and Contact Information and that the Counselor(s) you access (“Counselor(s)”) are relying upon this certification in order to interact with you and provide the Service(s).

Account Enrollment

To access the Service, 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 (including your minor child as legally applicable). In exchange for your use of 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 forms 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 if HearYou.org has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current, or incomplete, HearYou.org reserves the right to terminate any Service, refer you for services outside of HearYou.org, and/or refuse any future requests to use the HearYou.org Services. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username and any other security information related to your Account. HearYou.org 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.

Accounts Accessed through Employer Partnerships or other Benefit Programs

In addition to the registration described above, access to the Service through an employer-sponsored benefit plan may require you to provide additional registration information. This information may be collected and used to confirm your eligibility. Your employer will not be told you or your family member are using the Services unless such information is shared by you or is needed as 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, spouse, domestic partner, or dependent of an employee in certain programs)
  • Employer’s name

This information may be required and used to confirm program or benefit eligibility, your specific benefits, and to prevent benefit fraud.

Acceptable Use

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming. You shall not use the Service in any manner that could damage, disable, or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining, or any other means. ‍The following terms apply to any App accessed through or downloaded from any source (such as the Apple App Store or other similar platforms) where the App is made available (each such distribution platform an "App Provider"). You acknowledge and agree that:

  1. These Terms are between you and HearYou.org, and not with the App Provider, and that HearYou.org (not the App Provider), is solely responsible for the App; and the App Provider has no obligation to furnish any maintenance and support services with respect to the App claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of HearYou.org.

If you download the App, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may require that you download upgrades, updates, and additional features published in order to improve, enhance, and further develop the software, Service, or App. The Service may change from time to time and/or HearYou.org may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.

Payment for Service(s)

You agree to pay all fees and charges associated with your Account and the Services provided to you on a timely basis in accordance with the fee schedule, and the terms and rates published by HearYou.org from time to time. You agree that such fees and charges (including any taxes and late fees, as applicable) may be charged to the credit card you provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account. By providing HearYou.org with credit card information you authorize HearYou.org to bill and charge your credit card.

If you access the Service through an employer-sponsored benefit plan HearYou.org will attempt to arrange your payment through a third party “Payor,” which is a third party that administers or insures the benefit program you are a member of through your employer. In this instance, you may still be responsible for co-payment or payment for additional services which may be explained in your benefit program.

Payment for Individual Sessions

Payments will be collected at or before the time of session. You will be charged for any missed sessions, unless you cancel it with at least 24 hours notice.  Failure to make full and timely payment as required by these Terms will result in the termination of the Service until payment is received. If you are unable to make payment, you may request a payment plan and it will be considered on a case by case basis and require approval from HearYou.org.

Payment for Group Sessions

You shall pay HearYou.org the total cost of all sessions scheduled for the group that you have agreed to attend. Full payment is due no less than 24 hours prior to the first session.  Payment shall be made by credit card through HearYou.org’s online payment portal. Except as set forth in the Cancellation option described in the paragraph below, you understand and agree that this payment is reserving a spot in a group counseling program and is non-refundable, regardless of whether you actually attend the group counseling sessions.

 

You may terminate this Agreement after the first group counseling session and receive a refund for the unused counseling sessions provided that you email your assigned counselor, or info@hearyou.org, within 24 hours after the end of the first group counseling session requesting a refund.  Upon such a timely request, HearYou.org will refund the amount for the remaining sessions to you within 10 business days. In order to ensure proper staffing for the duration of the group, if you fail to exercise this cancellation option in writing within 24 hours after the first group counseling session is complete, no refund shall be provided. 

 

Counselors 

All HearYou.org Counselors must comply  with all applicable federal and state laws and guidelines. This verification process includes, but is not limited to:

Verification of registration or licensure. The practitioner must hold a valid, current registration or license to practice which is verified directly from the state license agency, or be an approved pre-licensed counselor supervised by a licensed, qualified clinical supervisor. 

Verification of proper education and degree.

Verification of board certification for practitioners that state they are board certified.

You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare provider solely because of r advice you received through a HearYou.org Counselor.

Intellectual Property

All of the content available on or through the Service is the property of HearYou.org or its licensors and may be protected by copyright, trademark, patent, trade secret, and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. Subject to these Terms, HearYou.org hereby grants you a limited, revocable, non transferable, and non-exclusive license to use the software, network facilities, content, and documentation on and in the Service to the extent, and only to the extent, necessary for you to access and use the Service.

The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile, or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose, or provide access to the Service to any third party or use the Service to provide service bureau, time-sharing or other services to third parties.

Disclaimers

ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. HEARYOU.ORG DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, HEARYOU.ORG DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. HEARYOU.ORG CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SERVICE.

Limitations of Liability

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL HEARYOU.ORG, ANY HEARYOU.ORG LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL HEARYOU.ORG, ITS LICENSORS OR SUPPLIERS, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF HEARYOU.ORG OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. To the extent that any portion of the foregoing Disclaimers or Liability Limitations are unenforceable, the remainder of those provisions will survive and remain in full force and effect.

Hyperlinks

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

Termination

HearYou.org may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. HearYou.org has the right (but not the obligation) to refuse to provide access to the Service to any person, agency, or organization at any time, for any reason or for no reason at all, in its sole discretion. HearYou.org reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.

Privacy

You affirmatively consent to the fact that HearYou.org's clinical personnel will, as needed, review your file and information in a HIPAA approved form for the following purposes:

  1. During your on-boarding and during the Counselor matching process to ascertain you are able to successfully engage with the Counselor. This access may be accomplished using a HearYou.org Care Coordinator and not a Counselor.
  2. To provide you the Services.
  3. To review any complaint about a particular issue/instance that you report about your Counselor.
  4. For your safety concerns or complaints of unethical Counselor practices.
  5. To transition you to a new Counselor or to terminate services if we are no longer able to reach you; or to address raised quality assurance concern(s) that may apply to an individual Counselor, a state-wide compliance issue, or a national network issue. ‍

All de-identified data, meta-data, and research data collected by HearYou.org through your use of the Services remain the sole property of HearYou.org. HearYou.org 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 HearYou.org remove or delete any of such data.

You agree that the email username you provide can be used by HearYou.org to send you marketing offers from HearYou.org.

You acknowledge that HearYou.org must store all personal data as required by law, typically for no less than seven (7) years, and may not delete such medical records data, even upon your direct request.

Disputes

Any dispute or claim relating in any way to your use of the Service will be resolved by binding confidential arbitration in Sacramento, California, rather than in court. The arbitration will be conducted by a single arbitrator and pursuant to the arbitration rules of either the American Arbitration Association (“AAA”) or Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator may award costs and attorneys’ fees to the prevailing party. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must interpret these Terms as a court would.

It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, HearYou.org and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.

General

These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the California courts in the cases that arbitration is not successful or is assigned or appealed to a civil court. HearYou.org’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by HearYou.org may be delivered by electronic mail to the address provided during the creation of your Account. 

These Terms constitute the entire Agreement between HearYou.org and yourself regarding the Service, and supersede and replace any prior agreements you and HearYou.org might have regarding the Service. HearYou.org may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the stems periodically.

These Terms of Use were last updated on February 18th, 2021 and are deemed effective as amended as of this date.