TERMS OF SERVICE
Last Updated – January 7, 2020
Grouport provides access to an online group therapy platform (the “Platform”) via the Grouport website, www.grouporttherapy.com (the “Site”). The Platform is owned and operated by Grouport Inc. (“Grouport,” “we,” or “us”).
Your use of the Platform is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”). The terms “You", "Your,” and “Yourself” refer to the individual user of the Service.
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE PROVISIONS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE PLATFORM. USE OF THE PLATFORM IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
IF YOU ARE A PARENT OR GUARDIAN AND BECOME AWARE THAT YOUR CHILD UNDER THE AGE OF 13 HAS REGISTERED WITH THE SITE OR HAS OTHERWISE PROVIDED US WITH PERSONAL INFORMATION, PLEASE CONTACT US IMMEDIATELY AT firstname.lastname@example.org.
Due to state licensing laws, Grouport is only offered to residents or domiciles of New York State. Users of the Site must represent and warrant that they are a resident of, or physically located within, New York State. IF YOU ARE NOT A RESIDENT OR DOMICILE OF NEW YORK STATE, YOU MAY NOT USE THE SITE.
2. PLATFORM ACCESS AND SECURITY. In order to access the Platform, you must fill out an online form which will ask you to provide your name, email address, phone number, address, age, a brief description of your symptoms, and ask you to choose your desired group. It is a violation of these Terms of Service for you to:
You are solely responsible for the activity that occurs in connection with your use of the Platform and for any unauthorized use of your information. You must notify us immediately of any change in your eligibility to use the Platform, breach of security or unauthorized use of your information. We may, in our sole discretion, refuse to offer the Platform to any person or entity and change its eligibility criteria at any time.
By agreeing to these Terms of Service, you represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Site or Group Services. Further, if we learn that someone under 18 is using the Platform, we will delete all information relating to such user. If you are a parent or guardian and become aware that your child under the age of 13 has registered with the Site or has otherwise provided us with personal information, please contact us at email@example.com.
You are solely responsible for ensuring that your use of the Site and Platform is in compliance with all applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical codes in relation to your use of the Site and/or the Platform, and the right to access the Site and Platform is revoked where these Terms of Service or use of the Site or Platform is prohibited or to the extent offering, providing, or using the Site and Platform conflicts with any applicable law, rule or regulation. Further, the Site and Platform are offered only for your use, and not for the use or benefit of any third party.
If you receive any email, attachment or file from us or from any Provider, whether through the Platform or otherwise, you agree to check and scan such email, attachment or file for any virus or malicious software prior to opening or using the same.
During the sign-up process you may be asked to pay a fee of $100 for an initial consultation with a Provider (the “Initial Consultation Fee”). After being matched with a Provider with respect to Group Services, you will be asked to sign up for and reserve four (4) group sessions with a Provider, at a cost of $70 per session (the “Group Services Fee”) within 72 hours. If you do not make your reservation during such 72 hour period (the “Reservation Period”), we cannot guarantee that you will be able to participate in such Group Services. At the end of the Reservation Period we will confirm whether a sufficient number of the potential members of the Group have reserved such Group Services. By making such reservation, you give us the right and authority to charge the Group Services Fee to your credit card once the Group is confirmed; if you do not want Grouport to charge your credit card you should cancel your reservation prior to the end of the Reservation Period.
The Group Services Fee will be charged to your credit card following confirmation that such Group Services will occur (a “Confirmation”). However, despite your reservation, you understand that there is no guarantee that there will be a Confirmation with respect to the Group Services (and if no such Confirmation ever occurs then you will not be charged the related Group Services Fee), and that even following a Confirmation, it is possible that the Group Services will be postponed or cancelled, with no guarantee that the Group Services ever occurs (in the event of such a cancellation Grouport will refund your credit card any amounts actually paid in respect of such cancelled Group Services). You acknowledge that Grouport relies on your reservation in connection with the formation of the Group, and that following such reservation – assuming that a Confirmation is sent – you are irrevocably obligated to pay the Group Services Fee, notwithstanding your subsequent withdrawal or termination of your account.
If following the Reservation Period a sufficient number of the potential members of the Group have not yet reserved such Group Services, we may reach out to other potential members of such Group to participate in such Group Services, and will send a Confirmation once a total number of members of the Group have reserved such Group Services (at which point you will be irrevocably obligated to pay the Group Services Fee).
3. PROVIDERS. The Platform may be used to connect you with a therapist or provider (“Provider”) who will provide online group support or online group therapy services to you and others through the Platform (“Group Services”). After you fill out the initial online form, you will have an initial consultation with a Provider to help determine the Group Services applicable to you.
Grouport only works with independent, licensed, and accredited professional Providers. However, the Providers are independent providers who are neither Grouport’s representatives, agents, or employees. The Platform’s role is limited to connecting you with a Provider who will provide the Group Services; the Group Services themselves are solely the responsibility of the Provider who provides them. Grouport is not involved in the Provider-patient relationship and does not interfere, validate or control the Provider’s treatment unless advocating on behalf of you when following up on a particular complaint. If you feel that the Group Services provided by a Provider do not fit your needs or expectations, you may change to a different Provider providing services through the Platform.
Additionally, you understand, agree and acknowledge that online Group Services may not be the appropriate solution for your needs, are not appropriate for every particular situation, and may not be a complete substitute for in-person or individualized examination and/or care. You are advised to exercise the same level of care and caution in the use of the Platform or the Group Services as you would in making any mental health or medical decision.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR PRIMARY DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL ON ACCOUNT OF INFORMATION THAT YOU SAW ON THE SITE OR ADVICE THAT YOU RECEIVED THROUGH THE PLATFORM OR A PROVIDER.
4. SCOPE OF USE; CONTENT. You shall use the Site in connection with your usage of the Platform and the group therapy and support services offered through the Platform.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on the Site or otherwise through the Platform.
You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates Grouport’s right or the rights of any third party. Except as expressly provided in these Terms of Service, you may not reproduce, modify, display or distribute any text, graphics, images, videos or other Content available through the Platform, or the design and layout of the Site (including its “look and feel”), without Grouport’s prior written consent.
By accessing the Site, you agree to abide by all security and safety measures established by Grouport or that are otherwise applicable. Grouport may also impose limits on certain features of the Platform or restrict access to any part or all of the Platform without notice or penalty.
5. CONTENT IS NOT MEDICAL ADVICE. The Provider, and not Grouport, is solely responsible for, and has sole and complete authority, supervision, medical management, and control over, the provision of clinical and other health care services. Nothing contained in the Site, the Content, or the Platform should be considered medical advice -- other than the guidance and counseling that you receive directly from the applicable provider or therapist and which you do not and will not receive from Grouport. None of the Content (be it educational, graphics, research sources or incidental information) represents or warrants that any particular medication or treatment option is safe, appropriate, or effective for you. Grouport does not endorse any specific tests, medications, products or procedures. You should always talk to an appropriately qualified health care professional with respect to diagnosis and/or treatment, including for information regarding which medications or treatment may be appropriate for you.
6. INTELLECTUAL PROPERTY. Grouport and its licensors own all intellectual property rights in the Site and the Content, except for certain third party content on the Site, your posted Content and as otherwise expressly indicated. The Site and all Content therein or components thereof (including, without limitation, software and accompanying documentation) are protected by United States and international trademark and copyright laws. Any unauthorized use of the Content may violate copyright laws, laws of privacy and publicity, and other laws and regulations. In exercising any permitted use of the Content, you agree to leave all copyright, trademark and other proprietary notices intact. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Any violation by you of the intellectual property rights of Grouport or any third party will result in termination of your usage of the Platform.
7. TERMINATION. You may terminate your use of the Platform at any time. You agree that Grouport may terminate or suspend your access to all or part of the Platform, with or without notice, in our reasonable discretion, at any time. Grouport reserves the right to modify or discontinue the Platform (or any part thereof) at any time. Following the termination or cancellation of your subscription to the Platform, we reserve the right to delete all your data in the normal course of operations, or to retain any information associated with you in our sole discretion. Sections 6, 8, 9, and 10 shall survive termination of your usage of the Grouport Platform. Notwithstanding your termination of your use of the Platform, (A) amounts paid in advance for Group Services shall not be refundable unless the Provider cancels such Group Services, and (B) you shall remain obligated to pay for any Group Services Fee in respect of any Group Services for which you have made a reservation but for which your credit card has not been charged (unless you terminate your account prior to both the formation of a group and the Confirmation that the Group Services will occur, in which case you will not be charged; for the avoidance of doubt, if a Confirmation is sent, Grouport retains the right to charge the Group Services Fee to your credit card even if you terminate your account prior to the occurrence of any Group Services).
8. DISCLAIMERS. YOUR USE OF THE SITE, CONTENT, AND GROUP SERVICES IS AT YOUR SOLE RISK. GROUPORT SPECIFICALLY DISCLAIMS ALL LIABILITY TO YOU OR TO ANY THIRD PARTY, AND YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM, ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF, RELATING TO, OR RESULTING FROM THE GROUP SERVICES, SITE, PROVIDER, OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY PROVIDER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SITE OR THE PLATFORM, EVEN IF GROUPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FOR (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). IN NO EVENT SHALL THE GROUPORT’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), TO THE EXTENT SUCH DAMAGES EXCEED THE AMOUNTS PAID BY YOU FOR GROUP SERVICES WHICH HAVE NOT OCCURRED.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, Grouport’s liability will be limited to the fullest extent permitted by applicable law.
9. NO WARRANTIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE PLATFORM, THE SITE, THE GROUP SERVICES, AND ALL INFORMATION, CONTENT, AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR OTHERWISE IN CONNECTION WITH THE PLATFORM (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, OR ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON, THROUGH, OR IN CONNECTION WITH, THE PLATFORM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GROUPORT SHALL CREATE A WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
10. GOVERNING LAW; ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SITE, PROVIDER, CONTENT, GROUP SERVICES, OR THE PLATFORM IN ANY WAY, SHALL BE GOVERNED EXCLUSIVELY BY NEW YORK LAW WITHOUT REGARD TO CHOICE-OF-LAW OR CONFLICT-OF-LAW PRINCIPLES AND WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK, COUNTY OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account or their usage of the Platform, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and fifty (150) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any state or federal court having competent jurisdiction in the State of New York, county of New York. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the Site, Provider, Content, Group Services, or the Platform in any way or these Terms of Services, must be filed within one (1) year after such claim of action arose or be forever banned.
11. PAYMENT. You agree to promptly pay all of the fees and charges associated with your usage of the Platform in accordance with the terms and the rates that are published on the Site or otherwise disclosed in connection with your use of the Platform. Such fees and charges (including, without limitation, any taxes and late fees, as applicable) may be charged to the credit card that you provide during the initial sign-up process, and you agree to update such information as needed to maintain valid credit card information for payment. By providing Grouport with credit card information you hereby irrevocably authorize Grouport to bill and charge your credit card (immediately with respect to the Initial Consultation Fee, and with respect to the Group Services Fee, following a Confirmation that the Group Services will occur. If for any reason Grouport is unable to charge your card to make payment to the Provider, you agree that you will indemnify us with respect to any amounts owed to your Provider in respect of the Group Services.
Payment you make to Grouport for the use of the Platform or the Group Services is used to compensate Grouport for its costs and expenses, including, without limitation, software development, overhead, administrative services, transaction fees for credit card usage, and any other corporate costs, fees or expenses.
Part of your payment for the use of the Platform, accounted for separately, is remitted to the Provider for the direct clinical services provided to you. Grouport does not participate, split, or take a percentage of this payment to the Provider. However, each of the Providers that utilize the Platform to provide Group Services also compensate Grouport for their use of the Grouport Platform in the form of administrative fees, pursuant to a separate agreement between Grouport and such Provider.
Regardless of any payments made, Grouport is not, and does not hold itself out as, your direct provider of therapy services. Grouport provides the Platform which enables you to connect with a Provider to receive Group Services; the Group Services themselves are solely the responsibility of the Provider who provides them. Grouport is simply a ‘business associate’ (as that term is defined at 45 CFR 160.103) of the Provider or such Provider’s practice.