By clicking to affirm your acceptance of these Terms, creating an account on the Site (an “Account”) or otherwise visiting or using Services, you acknowledge that you have read and agree to these Terms, which may be updated by us at any time without notice to you. If we update these Terms, we will post the updated version here. Any such changes will be effective when you first access the Services after we post the changes here.
As used in these Terms, the term “you” means yourself individually as well as any organization on whose behalf you use the Services. You agree that if an agent, employee, contractor or consultant uses the Services on your behalf, you are nonetheless bound as a principal by all of the terms and conditions in these Terms.
These Terms constitute the entire agreement and understanding between you and us, and supersede any prior agreements and understandings, with respect to your access to and use of the Services.
The Services are intended only for the use of individual health care consumers (“Consumers”) and psychologists, psychiatrists, social workers, therapists, counselors or other professionals licensed to provide mental healthcare services (“Provider(s)”), in each case, who are located in the United States of America. If you are not an eligible user under these Terms, you may not use the Services.
You represent and warrant that you are of legal age and have the power and authority to enter into and agree to these Terms on behalf of yourself and, if you are a Provider, any organization on whose behalf you use the Services, and you shall use the Services only as set forth in these Terms.
If you are a Provider, you represent and warrant that you are, and will continue to be at any time while you are using the Services or otherwise providing mental healthcare services, licensed in good standing to provide the applicable healthcare services in any jurisdiction in which you are practicing or providing such mental healthcare services.
If you are a Consumer who is using the Services on behalf of a minor child or any other individual, you represent and warrant that you are the parent or legal guardian of such child or otherwise authorized with respect to any other such individual, and that all references in these Terms to “you” shall refer to such child or such other individual on whose behalf you have authorization to enter into these Terms and you in your capacity as the parent or legal guardian of such child or as the authorized party of such other individual.
2. LICENSE TO USE THE SERVICES.
Ravel Mental Health grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to use the Services in accordance with these Terms.
3. PROVIDER FEES AND SUBSCRIPTION TERMS.
This Section applies if you are using the Services as a Provider, rather than as a Consumer.
You will be responsible for paying us the applicable subscription fees, as specified when you create an Account.
If you elect to subscribe for a “Basic Membership,” the term of your subscription will be month to month and payable on a monthly basis. If you elect to subscribe for a “Standard Membership,” the term of your subscription will be one year and payable on an annual basis. In each case, payment will be made in accordance with the payment method you select via the Services. Payment obligations will commence following a 30-day free trial period after we have verified your license and activated your Account profile.
We reserve the right to change the fees, on at least sixty (60) days’ notice to you, but any increase will not be effective until the beginning of the next renewal of your subscription, if any, following the notice period.
The term of your subscription will automatically renew for additional monthly terms, if you have a Basic Membership, and annual terms, if you have a Standard Membership, unless you elect not to renew, prior to the commencement of such renewal term, either by notifying us using the contact information below or via the Services.
(A) NO REPRESENTATIONS OR WARRANTIES: THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITATION OF THE FOREGOING, RAVEL MENTAL HEALTH DOES NOT WARRANT THAT THE CONTENT WILL BE ACCURATE, RELIABLE, UP-TO-DATE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ENCOURAGE YOU TO INDEPENDENTLY CONFIRM ANY CONTENT RELEVANT TO YOU. WE HAVE NO CONTROL OVER, AND CANNOT GUARANTEE, THE AVAILABILITY OF, ANY PROVIDER AT ANY PARTICULAR TIME. WE WILL NOT BE LIABLE FOR CANCELLED OR OTHERWISE UNFULFILLED APPOINTMENTS, OR ANY INJURY OR LOSS RESULTING THEREFROM, OR FOR ANY OTHER INJURY OR LOSS RESULTING OR ARISING FROM, OR RELATED TO, THE USE OF THE CONTENT OR SERVICES.
(B) NOT MEDICALADVICE: THE CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, DOES NOT CREATE A PROFESSIONAL/PATIENT RELATIONSHIP, AND IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE SERVICES AND CONTENT DO NOT CONSTITUTE THE PROVISION OF HEALTHCARE OR COUNSELING. WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT.
(C) NO ENDORSEMENT: WE DO NOT IN ANY WAY ENDORSE, REFER OR RECOMMEND ANY PROVIDER, CONSUMER, OR OTHER INDIVIDUAL OR ENTITY REFERENCED ON OR ACCESSIBLE THROUGH THE SERVICES. IF YOU ARE USING THE SERVICES AS A CONSUMER, YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN PROVIDER, INCLUDING DETERMINING WHETHER THE APPLICABLE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS.
5. GOVERNING LAW; DISPUTES
ANY DISPUTE ARISING OUT OF YOUR USE OF THE SERVICES WILL BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION IN THE STATE OF DELAWARE, IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION’S (AAA) RULES AND PROCEDURES FOR CONSUMER-RELATED DISPUTES. BY AGREEING TO THESE TERMS, YOU ALSO WAIVE YOUR RIGHT TO A TRIAL BY JURY. WE BOTH AGREE THAT ANY DISPUTE RESOLUTION WILL BE RESOLVED THROUGH INDIVIDUAL PROCEEDING AND NOT THROUGH ANY CLASS-WIDE PROCEEDINGS. YOU WAIVE YOUR RIGHT TO PARTAKE IN ANY CLASS PROCEEDINGS AS A CLASS MEMBER OR CLASS REPRESENTATIVE. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW WILL GOVERN THESE DISPUTE RESOLUTIONS. NO STATE LAW CONCERNING ARBITRATION WILL BE APPLICABLE. AN ARBITRATOR CAN AWARD DAMAGES THAT DO NOT CONFLICT WITH THESE TERMS. ANY COURT WITH COMPETENT JURISDICTION MAY REVIEW OR ENFORCE AN ARBITRATION AWARD.
6. YOUR RESPONSIBILITIES
When you create an Account, you will provide contact information and create a password (collectively, “Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. Notify us immediately if your password has been stolen or compromised by sending an email to Support@Ravel Mental Health.com. You are responsible for all use of the Services using your Credentials.
In using the Services, you warrant and covenant that you will not:
(a) violate any applicable federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities or any applicable professional guidelines, codes or requirements;
(b) act in manner that is harmful; threatening; fraudulent, deceptive or misleading; harassing; discriminatory; libelous; defamatory; obscene; in violation of another’s right of privacy, publicity or other rights; in violation of any contractual or fiduciary obligations; or infringing on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights of any third party;
(c) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
(d) resell the Services or operate the Services as a service bureau;
(e) copy, modify or create derivative works based on the Services;
(f) violate or attempt to violate the security of the Services;
(g) reverse engineer, decompile or disassemble any portion of the Services;
(h) “scrape” information from the Services by automated means; or
(i) interfere with the ability of others to use the Services.
You agree to provide accurate and complete information when you use the Services, which you will update if there are any changes, including, if you are a Provider, your license, office and payment information.
7. DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that the Services contain content that infringes on your copyright, please send the following information to us at Support@RavelMentalHealth.com or at Ravel Mental Health LLC, 815 Third Avenue, Suite 317, Chula Vista, CA 91911:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We do not allow repeat infringers to use the Services.
These Terms apply only to the Services and not to other websites that may be accessible from the Services via hyperlink. We have no control over other websites that may be accessible from the Services. If you access any third party website through the Services, you do so at your own risk. Hyperlinks to or from the Services do not constitute third party endorsement of, sponsorship by or affiliation with us. We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.
9. PROPRIETARY RIGHTS
We and/or our licensors own the Services, including all Content, software and technology included in the Services. The foregoing ownership rights include all intellectual property rights inherent therein or appurtenant thereto. All trademarks and logos displayed on the Services are the property of their respective owners. Ravel Mental Health is a trademark of Ravel Mental Health. You may not link any of your websites or any third-party website to the Services without our express prior written consent and if you do link other websites to the Services, you may not imply or suggest that Ravel Mental Health has endorsed or is affiliated with such websites and you may not display the Services as “framed” within another website. Ravel Mental Health shall be free to use, for any purpose, any ideas, concepts, know-how or techniques provided by you to Ravel Mental Health through the Services or otherwise.
While our service provider makes commercially reasonable efforts to ensure that the Services are secure, we do not guarantee the security of the Services or your communications through the Services. Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from the Services may not be secure.
11. LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF SUBSCRIPTION FEES, IF ANY, THAT YOU PAID HEREUNDER IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (b) $100.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL RAVEL MENTAL HEALTH OR ANY OF ITS OWNERS OR PRINCIPALS BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW
If you do not use the Services in accordance with these Terms, we reserve the right, without limitation of our other rights and remedies, to terminate or suspend your access to the Services. We may also terminate, suspend or deactivate your Account for any other reason, provided that, if we terminate any Provider without cause, we will give the Provider, as our sole liability in connection with such termination, a pro rata refund of any prepaid subscription fees. Account termination may result in deletion of any content associated with your Account. Sections 4, 5 and 7-14 of these Terms and any other provisions that, by their nature, should survive termination of these Terms shall survive any termination or expiration of these Terms.
Upon a request by us, you agree to defend, indemnify, and hold harmless Ravel Mental Health and its owners and principals from all liabilities, losses, claims, damages demands, and expenses, including reasonable attorneys’ fees, relating to your use of the Services or any services rendered by a Provider in connection with the Services or your violation of these Terms.
No joint venture, partnership, employment or agency relationship exists between you and Ravel Mental Health as a result of these Terms or your use of the Services. The person accepting these Terms on behalf of each party represents and warrants that he, she or they have been duly authorized by that party to accept and thereby bind it to these Terms. These Terms represent the entire agreement between you and Ravel Mental Health with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the subject matter hereof. Ravel Mental Health may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, Ravel Mental Health shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership, practice or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices required or permitted hereunder that are intended for you personally and not all users of the Sites shall be made to you at the most recent email address on file with Ravel Mental Health. Notices to us shall be sent by email to Support@RavelMentalHealth.com or by postal mail or courier to Ravel Mental Health LLC, 815 Third Avenue, Suite 317, Chula Vista, CA 91911.