Regroup provides a technology platform at the Website that allows participating mental health professionals (“Therapists”) to offer internet-based video sessions to their clients (“Clients”) and may from time to time provide certain related services. Regroup is not itself a provider of mental health services, and Therapists are not employees or agents of Regroup.
1. General Applicability.
2. Website Services.
The Website makes certain services available to its users, including, without limitation, the following services (collectively, the “Website Services”), as from time to time offered by the Website:
(a) the facilitation of internet-based video communications between and among Clients and Therapists; and
(b) such other services as are from time to time described and/or offered on the Website.
3. Not a Healthcare Provider; No Medical Advice.
Regroup is a technology provider that facilitates access to online therapy sessions (provided or moderated by Therapists) through the Website Services. REGROUP IS NOT A HEALTHCARE PROVIDER, AND THE WEBSITE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES BY REGROUP.
While the Website Services may allow Therapists to communicate with Clients, the Website Services cannot and are not intended to provide medical advice. Always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.
If any medical advice is provided to you by a Therapist through the Website Services, such medical advice is not provided by Regroup but is provided by your Therapist.
4. Therapist Registration.
(a) Registration. Certain aspects of the Website Services, including the ability to invite Clients to internet-based videoconference sessions, are available only to Therapists who register with us. To register with us as a Therapist, you must be of legal age to form a binding contract. When you register, you will choose a user name and a password. You are responsible for safeguarding and maintaining the confidentiality of your user name and password and you agree not to disclose them to any third party unless otherwise permitted in a written agreement with us. You will be solely responsible for any activities or actions taken under your registered account, whether or not you have authorized such activities or actions. You must notify us immediately if your user name and password have been lost or stolen or if you otherwise know or suspect that any unauthorized person is using your password or your account. We strongly recommend that you do not use the Website Services on public computers.
If Therapist provides his or her Services through a legal entity, Therapist represents, warrants and covenants that such entity will comply with this Agreement as though a party hereto. Each individual therapist employed or engaged by such entity must separately register with us as a Therapist. No individual, other than the individual therapist registering as a Therapist, may use the Website Services under Therapist’s account information.
(b) Qualifications. Each person registering as a Therapist represents, warrants and covenants that, at the time of registration and on an ongoing basis, he or she satisfies all professional licensing requirements applicable to the professional services he or she is providing via the Website, holds all valid and current licenses required to provide such services, is in good standing with each licensure board or other authority issuing such licenses or otherwise having regulatory authority over the Therapist, and has not received any notice of cancellation, probation, suspension, revocation or non-renewal of any licenses required to provide such services. If and for so long as Therapist fails to satisfy the provisions of this paragraph, the Therapist will cease all use of the Website Services.
If you are a Therapist you will, at our request, cooperate with us in confirming your professional credentials and compliance with the foregoing representations and warranties.
(c) Clients Not Required to Register. Clients and other authorized invitees of videoconference sessions are not required to register with us in order to accept a session invitation. Non-Therapist users of the Website Services should note, however, that each Therapist inputs into the private portion of the Website accessed by the Therapist the names and email addresses of each Client or other person the Therapist invites or may invite to participate in videoconference sessions.
5. Using Website Services.
Each registered Therapist is authorized to invite and use the Website Services for videoconferences with his or her Clients, trainees for whom he or she has supervisory responsibility, other Therapists registered with Regroup, and other persons, if any, authorized from time to time by Regroup. Use of the videoconference services by any other person or for any other purpose is prohibited.
You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing the Website Services.
You may only use the Website Services within the United States, unless otherwise permitted by applicable law.
6. Responsibility for Your Care; Therapist Credentials.
Client mental health care is solely the responsibility of each Therapist and his or her Client(s).
Therapists are the exclusive providers of any mental health advice and services provided through the Website Services. Regroup supports Therapists by providing them with certain rights to access and use the Website and the Website Services. However, under the Website Services, Therapists have the exclusive control and responsibility for the delivery of mental health Website Services.
Each Therapist, and not Regroup, is responsible for obtaining the informed consent from his or her Clients to any diagnosis or treatment, including without limitation, consent to use telehealth in the course of any services provided through the Website Services, to the extent such consent is required by any applicable law or agreement.
Regroup is not responsible for credentialing Therapists, makes no representation regarding the accuracy of Therapists’ credentials or qualifications, and expressly disclaims any liability for fraudulent credentials or claims by Therapists. We recommend that each Client separately confirm that his or her Therapist is qualified and in good standing with his or her respective licensing board(s).
Each Therapist, and not Regroup, is responsible for setting, billing and collecting fees, if any, from the Therapist’s Clients.
7. Use of the Website Services by Children.
Therapists may only provide professional services via the Website Services to Clients under the age of majority in the Client’s state of residence if permitted by applicable law and under any agreement between the Therapist and the Client’s parent or legal guardian.
REGROUP DISCLAIMS ANY OBLIGATION REGARDING INFORMATION SHARED BY CLIENTS WITH THERAPISTS VIA THE WEBSITE SERVICES, OR OTHERWISE SHARED BY USERS OF THE WEBSITE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT IS SOLELY THE THERAPIST’S OBLIGATION TO USE INFORMATION RECEIVED FROM A CLIENT IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAWS.
If you participate in a group session, you may learn information from or about other participants in that session. You must keep any such information confidential. You may not record the audio or video components of any session unless such recording is permitted by law and you have the express written permission of all other participants in the session.
9. User Supplied Material.
If you supply or transmit any comments, information, or other material via the Website, you represent and warrant to us that you have the legal right to supply such material and that such material will not violate any law or the rights of any person or entity (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). Except for any individually identifiable health or account information you submit to us, all information or material you supply to us through the Website will be deemed and will remain our property, and you hereby assign to Regroup all right, title, and interest in and to any such information or material, without any restriction or obligation to you.
10. Appropriate Use of the Website.
You agree to use the Website and the Website Services in accordance with all applicable local, state, national and foreign laws, treaties and regulations.
In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Website Services:
11. Termination; Cancellation.
We may change the Website, the Website Services, and the Content at any time. We may discontinue offering our Website Services or Website, and we may suspend or terminate your right to use our Website Services or Website at any time, in the event that you breach these Terms, for any other reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, Regroup will have no further obligation to provide the Website Services, except to the extent we are obligated to do so by applicable law.
All licenses and other rights granted to you by these Terms will immediately terminate upon termination of your right to use our Website Services or Website or our termination of the Website Services or Website.
Each Therapist may terminate his or her registration at any time and for any reason by sending us notice. Once we process a termination request, the terminated registration will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such a request by Regroup.
These Terms will survive and continue to apply after any suspension, termination, or cancellation, except that your access rights and other rights as a user will be suspended, terminated or cancelled, respectively.
12. Intellectual Property.
We are the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and any patented or patent pending inventions, in the Website and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein.
The Website contains copyrighted material, trade secrets and proprietary information owned or licensed by Regroup (collectively with all of the other content you experience on the Website, the “Content”). These Terms do not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of Regroup or the Website. You may not create derivative software based upon any trade secret, intellectual property or proprietary information of Regroup, and you may not sub-license, assign, transfer, or sell your registration details.
You may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of ours, or take any other action that infringes upon or impairs Regroup’s trademark rights. We shall retain all ownership in and to the Website and the Content, except that we make no claim of ownership with respect to the video communications made by Clients, Therapists, or other authorized users. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website Services or Content, except as expressly permitted in these Terms, without Regroup’s express prior written consent.
13. Limited License to Use.
Subject to your compliance with these Terms, you have a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Website Services and to download and print any Content solely for your personal and non-commercial purposes. Except as expressly provided by these Terms, no other licenses or rights are granted to you by implication or otherwise to any intellectual property rights owned or controlled by Regroup or its licensors.
14. Links to Third Parties.
The Website and the Website Services may include links to third-party websites, resources and advertisements (collectively, “Third Party Sites”). We are not responsible or liable for the availability or accuracy of, and Regroup does not endorse, sponsor, or recommend any Third Party Sites or the content, products, or services on or available from such Third Party Sites. YOUR ANY USE OF THIRD PARTY SITES IS AT YOUR OWN RISK, AND REGROUP AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY OF LOSSES ARISING OUT OF OR RELATING TO THIRD PARTY SITES.
15. Disclaimer of Warranties.
Your use of the Website, Website Services and Content is at your sole discretion and risk. The Website, Website Services and Content, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.
REGROUP AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE WEBSITE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
IN ADDITION, REGROUP AND ITS LICENSORS AND AFFILIATES DISCLAIM ANY WARRANTIES (A) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE WEBSITE SERVICES OR (B) THAT THE WEBSITE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY REGROUP WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE WEBSITE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE WEBSITE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. OUR WEBSITE SERVICES AND SITE CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES AND REGROUP AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE WEBSITE SERVICES OR SITE CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.
SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
16. Limitation of Liability.
IN NO EVENT WILL REGROUP OR REGROUP’S LICENSORS OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE SERVICES, THE WEBSITE, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT REGROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE WEBSITE SERVICES, THE WEBSITE OR THE CONTENT, OR THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. IF THE FOREGOING IS NOT ENFORCEABLE AGAINST YOU, IN NO EVENT WILL THE CUMULATIVE LIABILITY OF REGROUP OR REGROUP’S LICENSORS OR AFFILIATES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $1,000.
IN NO EVENT WILL REGROUP BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION BY A THERAPIST FROM WHOM YOU RECEIVE MENTAL HEALTH WEBSITE SERVICES. REGROUP IS NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A THERAPIST PROVIDING MENTAL HEALTH WEBSITE SERVICES.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE SERVICES, THE WEBSITE OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.
SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless Regroup, Regroup’s licensors and affiliates and our respective owners, directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
(a) your access to or use of the Website Services, the Website, or the Content;
(b) your violation of any of the provisions of these Terms;
(c) any activity related to your registration by you or any other person accessing the Website or Website Services through your account, including, without limitation, negligent or wrongful conduct; or
(d) your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
Regroup reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
The Website may contain typographical errors or other inaccuracies and may not be complete or current. Regroup reserves the right, but does not have the obligation, to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. Regroup may refuse to provide Website Services that are based on inaccurate or erroneous information on the Website, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.
These Terms constitute the entire agreement between you and us relating to our Website Services, the Website, and the Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Website Services, the Website, or the Content. If there is any conflict between the Terms and a separate signed written agreement between you and us relating to our Website Services, the Website, or the Content, the signed written agreement will control.
We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Website. Your continued use of our Website Services or the Website will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the top of this document.
The failure by you or us to enforce any provision of the Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of the Terms is invalid or unenforceable, then the invalid or unenforceable provision will be removed from the Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of the Terms will continue to be valid and enforceable. Nothing contained in these Terms will limit the ability of a party to seek an injunction or other equitable relief without posting any bond. The titles of the Sections of these Terms are for convenience only and will have no legal or contractual effect.
19. Governing Law and Forum for Disputes.
THESE TERMS AND OUR RELATIONSHIP WITH YOU WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, EXCLUDING ITS CHOICE OF LAWS RULES. YOU AND REGROUP EACH IRREVOCABLY AGREES THAT THE EXCLUSIVE VENUE FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, WILL BE THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, OR THE STATE COURTS LOCATED IN COOK COUNTY, ILLINOIS. YOU AND REGROUP EACH IRREVOCABLY CONSENTS TO THE PERSONAL JURISDICTION OF THESE COURTS AND WAIVES ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY THESE COURTS AND TO THIS VENUE. NOTWITHSTANDING THE FOREGOING, HOWEVER, YOU AND REGROUP AGREE THAT REGROUP MAY COMMENCE AND MAINTAIN AN ACTION OR PROCEEDING SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.
20. Contacting Us.
We encourage you to contact us at firstname.lastname@example.org if you have any questions concerning our Terms. If you would like to contact us via physical mail, our mailing address is:
Regroup Therapy Inc.
4525 N Ravenswood Ave
Chicago, IL 60640