TERMS AND CONDITIONS

ValorWell Terms and Conditions

1. Introduction and Acceptance of Terms

Welcome to ValorWell. These Terms and Conditions ("Agreement") govern your access to and use of our online mental health platform ("Platform") through which therapy services are provided. Our website, www.valorwell.org, and related applications are owned and operated by ValorWell, located at [Insert ValorWell's address] (info@valorwell.org).

By accessing or using the Platform, you agree to be bound by this Agreement. If you do not agree with any part of these terms, you must not use our services. We encourage you to read this document carefully before you start to use the Platform.

In this Agreement, "we," "us," and "our" refer to ValorWell and any of its affiliates. "You" and "your" refer to the individual accessing or using the Platform, or the company or organization on whose behalf that individual is accessing or using the Platform.

IMPORTANT NOTICE: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, DETAILED IN SECTION [X]. PLEASE REVIEW THESE CLAUSES CAREFULLY.

2. The Platform and Therapy Services

2.1 Purpose of the Platform

ValorWell's Platform is designed to connect you with licensed mental health professionals ("Therapists") who provide therapy services through our Platform ("Therapy Services"). We strive to make mental health care accessible and convenient for all our users.

2.2 Therapist Qualifications

We require every Therapist providing Therapy Services on our Platform to be a licensed, trained, and experienced mental health professional. This includes licensed psychologists (PhD / PsyD), licensed marriage and family therapists (LMFT), licensed clinical social workers (LCSW), and licensed professional counselors (LPC), or professionals with similar applicable recognized certifications based on their state's requirements.

All Therapists must have:

A relevant academic degree in their field
At least 2 years of experience
A minimum of 2,000 hours of hands-on experience
Qualifications and certifications from their respective professional boards
Advanced training and VA specialty certifications for treating people within the military community

2.3 Therapist-Client Relationship

Therapists on our Platform are independent providers and are not employees, agents, or representatives of ValorWell. Our role is limited to facilitating the connection between you and the Therapist. The Therapists themselves are responsible for the quality and appropriateness of the Therapy Services they provide.

If you feel that the Therapy Services provided by your assigned Therapist do not meet your needs or expectations, you have the right to request a change to a different Therapist on our Platform.

2.4 Limitations of Online Therapy

While we believe our Therapy Services can be beneficial, you understand and acknowledge that they may not be the appropriate solution for everyone's needs. Online therapy may not be suitable for certain mental health conditions that require intensive in-person treatment.

ValorWell's Platform is not designed for use in emergencies or crisis situations. If you are experiencing a mental health emergency, having thoughts of suicide, considering self-harm or harm to others, or if you believe that any person may be in danger, you must immediately call your local emergency services number (such as 911 in the United States) and seek appropriate help.

Our Platform is not intended for:

-Providing clinical diagnoses that require in-person evaluation
-Producing official documentation for court-ordered therapy or similar legal requirements
-Offering advice about medication or medical treatments

You agree not to disregard, avoid, or delay obtaining in-person care from your doctor or other qualified healthcare professional because of information or advice you received through our Platform.

3. Your Account and Responsibilities

3.1 Account Creation and Maintenance

To use our services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. You agree to accept responsibility for all activities that occur under your account or password. If you believe someone has accessed your account without authorization, please contact us immediately at info@valorwell.org.

3.3 Age Restrictions and Parental Consent

You must be at least 18 years old to create an account and use our services independently. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian.

For users under 18, the consenting parent or guardian confirms that they have the sole right to consent to Therapy Services for the minor and are not legally required to confer with or get consent from any other legal guardian before consenting. The parent or guardian also gives affirmative consent to the provisions set forth in our Privacy Policy regarding the collection, processing, and use of personal information on behalf of the minor.

3.4 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

-Using the Platform for any illegal purpose or in violation of any local, state, national, or international law.

-Violating or infringing other people's rights, including intellectual property rights
-Transmitting any material that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
-Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity
-Interfering with or disrupting the Platform or servers or networks connected to the Platform
-Attempting to gain unauthorized access to any portion of the Platform or any other systems or networks connected to the Platform
-Using the Platform to send unsolicited communications, promotions, or advertisements, or to spam others
-Uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform

Violation of these prohibitions may result in the termination of your access to the Platform.

4. Privacy and Data Protection

4.1 Commitment to Privacy

At ValorWell, we take your privacy seriously. We are committed to protecting and safeguarding any personal information you provide through our Platform. Our practices regarding the collection, use, and disclosure of your personal information are detailed in our Privacy Policy, which can be found at valorwell.org/privacy.

4.2 Acceptance of Privacy Policy

By agreeing to these Terms and Conditions and/or by using the Platform, you are also agreeing to the terms of our Privacy Policy. We encourage you to read the Privacy Policy carefully, as it forms an integral part of this Agreement. The same rules that apply to changes and revisions of this Agreement also apply to changes and revisions of the Privacy Policy.

4.3 Confidentiality of Therapy Sessions

We understand the sensitive nature of mental health services. All communications between you and your Therapist through our Platform are considered confidential. However, there may be instances where we are legally required to disclose information, such as in cases of suspected abuse, imminent danger to yourself or others, or as part of a legal proceeding. Your Therapist will discuss these limitations to confidentiality with you at the beginning of your treatment.

5. Intellectual Property Rights

5.1 Ownership of Platform Content

The Platform, including all of its content, features, and functionality, is owned by ValorWell, its licensors, or other providers of such material. This includes, but is not limited to, the design, layout, look, appearance, graphics, and text. All rights not expressly granted to you are reserved by ValorWell.

5.2 Trademarks

"ValorWell," "valorwell.org," and all related names, logos, product and service names, designs, and slogans are trademarks of ValorWell or its affiliates or licensors. You must not use such marks without the prior written permission of ValorWell. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

5.3 Limited License

Subject to your compliance with these Terms, ValorWell grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Platform solely for your personal, non-commercial use in connection with the Therapy Services.

5.4 Restrictions

You may not:

-Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Platform
-Remove any copyright, trademark, or other proprietary rights notices contained in or on the Platform
-Use any data mining, robots, or similar data gathering and extraction methods on the Platform
-Use the Platform for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended

6. Billing and Payment

6.1 Insurance Billing

ValorWell primarily bills directly to insurance for the Therapy Services provided through our Platform. By using our services, you authorize us to bill your insurance provider for the services you receive.

6.2 Patient Financial Responsibility

You acknowledge and agree that you are fully responsible for any copayments, coinsurance, or deductibles not covered by your insurance. Additionally, you accept full responsibility for the entire cost of treatment in the event that the Therapy Services are not covered by your insurance.

6.3 Accuracy of Insurance Information

It is your responsibility to ensure that you provide accurate and complete insurance information to ValorWell. This includes promptly notifying us of any changes to your insurance coverage. Failure to provide accurate insurance information may result in denial of claims and you being held responsible for the full cost of services.

6.4 Verification of Benefits

While ValorWell may assist in verifying your insurance benefits, it is ultimately your responsibility to understand your coverage and benefits. We recommend that you contact your insurance provider directly to confirm your mental health benefits, including any limitations or exclusions that may apply to telehealth services.

6.5 Non-Covered Services

Certain services offered through our Platform may not be covered by insurance. We will inform you of any non-covered services before they are provided, and you will be responsible for payment for these services.

6.6 Payment Methods

For any fees not covered by insurance, including copayments and coinsurance, we accept various forms of payment, which may include credit cards, debit cards, and other electronic payment methods. By providing your payment information, you authorize us to charge the applicable fees to your chosen payment method.

6.7 Refund Policy

Given the nature of mental health services, refunds are generally not provided. However, if you believe you have been charged in error, please contact us at info@valorwell.org, and we will review your case.

7. Disclaimer of Warranties and Limitation of Liability

7.1 No Warranties

THE PLATFORM AND ALL SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VALORWELL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Platform Availability

While we strive to provide uninterrupted access to our Platform, we do not guarantee that the Platform will be available at all times. We are not liable for any downtime, interruptions, or errors in the Platform's operation.

7.3 Content Disclaimer

ValorWell does not warrant or guarantee the accuracy, completeness, or usefulness of any information provided through the Platform, including content generated by Therapists. Any reliance you place on such information is strictly at your own risk.

7.4 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VALORWELL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

7.5 Exclusions
Some jurisdictions do not allow the exclusion of warranties or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

8. Dispute Resolution and Arbitration

8.1 Agreement to Arbitrate

You and ValorWell agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

8.2 Arbitration Procedures

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. The arbitration will be conducted in [Insert appropriate city/state], unless you and ValorWell agree otherwise.

8.3 Class Action Waiver

YOU AND VALORWELL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

8.4 Option to Opt-Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions by sending written notice of your decision to opt-out to info@valorwell.org with the subject line "Arbitration Opt-Out" within 30 days of your first use of the Platform.

9. Termination

9.1 Termination by ValorWell

We reserve the right to terminate or suspend your account and bar access to the Platform at our sole discretion, without notice, for any reason whatsoever, including but not limited to a breach of these Terms.

9.2 Effect of Termination

Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Changes to the Terms

We may revise these Terms at any time by posting an updated version to the Platform. The revised Terms will be effective immediately upon posting. Your continued use of the Platform after the posting of revised Terms means that you accept and agree to the changes.

11. Governing Law and Jurisdiction

These Terms and your use of the Platform will be governed by and construed in accordance with the laws of the State of [Insert appropriate state], without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of [Insert appropriate state], although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

12. Miscellaneous

12.1 Entire Agreement

These Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and ValorWell concerning the Platform and supersede all prior agreements or communications.

12.2 Waiver

No waiver by ValorWell of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ValorWell to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

12.3 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

13. Contact Information

For any questions about these Terms, please contact us at:
Email: info@valorwell.org
Last Updated: 7 July 2024