1. Terms of Use
   The following are the Terms of Use (“Terms” or “Agreement”) which govern your access and use of our website (“Therapists.com” or the “Site”). This website is owned and operated by BetterHelp, Inc. (“Company”) located at 990 Villa St, Mountain View, California, United States.

By accessing or using the Site, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Site. If you do not agree to be bound to any term of this Agreement, you must not access the Site.

When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the Site (the “Company”).

2. Privacy and Security
   Protecting and safeguarding any information you provide through the Site is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at https://www.therapists.com/privacy (the “Privacy Policy”).

BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE SITE, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

3. Age and Geographic Restrictions

The Site is intended for use by individuals 18 years of age or older. The resources (“Resources”) on this Site are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. Certain resources are only offered and available to users who have a valid license as a U.S. psychologist (PhD / PsyD), marriage and family therapist (LMFT), clinical social worker (LCSW), professional counselor (LPC), or similar applicable recognized professional certification based on their state and/or jurisdiction. By using this Site or accessing the Resources, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site
 

4. Not Medical Advice

The information, content, and materials contained on the Site are for informational purposes only. No information, content, or material on this Site is intended to be a substitute for professional medical advice, diagnosis, or treatment. 

5. Intellectual Property and Use of Content

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

This Agreement permits you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except that you may view, display, print, or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

• Modify copies of any materials from this Site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Site or any resources or materials available through the Site.

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 of Use, your right to use the Site will stop 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 the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

“BetterHelp”, “therapists.com”, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

6. Third Party Content
   The Site may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any representation about any Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.

7. Disclaimers and Limitation of Liability
   TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SITE, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SITE.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITE WILL NOT EXCEED ONE THOUSAND U.S. DOLLARS ($1,000.00 USD).

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This section (limitation of liability) shall survive the termination or expiration of this Agreement.

8. Indemnification

You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Site; (b) your violation of any of the provisions of this Agreement; (c) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

9. Your Representations, Conduct and Commitments
   You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Site’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Site.

10. Modifications, Termination, Interruption and Disruptions to the Site
    You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Site, any part of the Site or the use of the Site, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.
    

The Site depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Site’s reliability and accessibility, you understand and agree that no Site can be 100% reliable and accessible and so we cannot guarantee that access to the Site will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

11. Disputes and Jurisdiction

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Delaware excluding any rules governing choice of laws.

You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the federal and state courts in the State of Delaware. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts.

IF YOU SIGN UP FOR ANY OF THE RESOURCES OFFERED THROUGH THE SITE, YOU AGREE TO THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT AND PRIOR VERSIONS OF THIS AGREEMENT, OR CONCERNING THE EXISTENCE, APPLICABILITY, BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, SCOPE, WAIVER, OR VALIDITY THEREOF; AND (II) THE USE OF THE SITE (COLLECTIVELY, “DISPUTES”) WILL BE RESOLVED ON AN INDIVIDUAL BASIS BY FINAL AND BINDING ARBITRATION, REGARDLESS OF ITS DATE OF ACCRUAL. EXCEPT AS IT OTHERWISE PROVIDES, THIS ARBITRATION AGREEMENT IS INTENDED TO APPLY TO THE RESOLUTION OF DISPUTES THAT OTHERWISE WOULD BE RESOLVED IN A COURT OF LAW OR BEFORE A FORUM OTHER THAN ARBITRATION. ALL CLAIMS IN ARBITRATION ARE SUBJECT TO THE SAME STATUTES OF LIMITATION THAT WOULD APPLY IN COURT. BY ACCEPTING THE TERMS OF THIS ARBITRATION AGREEMENT, YOU AND THE COMPANY MUTUALLY AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY.

12. Important Notes About Our Agreement

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.

We may revise and update this Agreement from time to time in our sole discretion. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Site after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must not access the Site.

We may freely transfer or assign this Agreement or any of its obligations hereunder.

The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.

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.

For avoidance of doubt, all clauses regarding limitations of liabilities, indemnification, and disputes and jurisdiction shall survive the termination or expiration of this Agreement.

Last Updated and Effective: 11/30/2023