Therapists include, but are not limited to licensed social workers, psychologists, marriage and family therapists, licensed mental health counselors, and licensed art therapists. We do not recommend or endorse any specific Therapists even if referred through this Website nor any tests, procedures, therapies, opinions or other information whatsoever. Nothing in the content of the Website or the Services is intended to be a substitute for professional psychotherapeutic diagnosis, advice, or treatment. Always seek the advice of your mental health practitioner or other qualified provider with any questions you may have with respect to a mental health condition. THE SERVICES SHOULD NOT BE USED IN ANY URGENT OR EMERGENCY SITUATIONS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MAY NEED URGENT MEDICAL ATTENTION, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
NO MEDICAL ADVICE OR PHYSICIAN SERVICES PROVIDED; NO PRACTICE OF MEDICINE
We do not offer medical advice or engage in the practice of medicine. The content, information, and materials provided by Us through the independent Therapists’ Services (in accordance with applicable law) cannot, and is not intended to, replace the relationship that You have with your health care providers. The content of this Site is provided for informational purposes only, and shall not be construed, directly or indirectly, to constitute or to be a substitute for (i) professional medical or treatment advice or advice of any other kind or (ii) the practice of medicine. NOTHING ON THE SITE SHOULD BE CONSTRUED AS ADVICE OR A RECOMMENDATION OF ANY DIAGNOSIS OR TREATMENT BY US, ANY THERAPISTS OR ANY THIRD PARTY, OR SHOULD BE USED FOR DIAGNOSTIC OR TREATMENT PURPOSES. ALL CONTENT ON THIS SITE IS IMPERSONAL AND IS NOT TAILORED TO THE NEEDS OF ANY SPECIFIC PERSON. PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION OR BEFORE STARTING OR STOPPING ANY COURSE OF TREATMENT.
NO LICENSURE OR BACKGROUND CHECKS OF THERAPISTS
We do not conduct or perform any due diligence, verification or inquiry checks on the Therapists or their bona fides who are referred through the Website. We make no representations or warranties as to, and expressly disclaim any obligation or implication regarding the verification of, the licensure, license status, professional liability insurance, abilities, skills or qualifications of any of the Therapists. Even though We may make a referral, each Client is ultimately and solely responsible for its evaluation, choice of, and all interactions with any Therapist. Clients should always research a provider and use their best judgment when deciding to engage and to continue to engage with any mental health provider.
TRADEMARKS AND COPYRIGHTS
Nefesh Chicago, the Nefesh Chicago logo, Nefesh Chicago Community First Responders and Educator Support Line logo, and other marks (collectively, “Marks”) displayed on our Site are the proprietary service marks or trademarks of Nefesh or third parties. Nefesh Marks may not be used in connection with any product or service that is not owned by Nefesh, nor in any manner that is likely to cause confusion among consumers, disparage or discredit Nefesh. Any and all other trademarks and service marks not owned by Nefesh that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nefesh. You may not use, copy, modify or display any of the trademarks, service marks, or names appearing on the Site without the express written permission of the respective owner thereof.
All content contained on this Site, including, but not limited to, works of authorship, articles, testimonials, blogs, software, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site; are the property of Nefesh Chicago or its licensors or other third parties, and are protected by copyright and other intellectual property and rights of privacy and publicity laws. You may not use, copy, modify or display any such content without the express written permission of the respective owner thereof.
Nothing in these Terms shall be deemed to grant to you or any other user of the Site any license or right in or to any copyright, trademark, service mark, trade secret or other proprietary right of Nefesh or any other person.
ACKNOWLEDGEMENTS AND AGREEMENTS
You acknowledge and agree (a) We have no obligation to, nor will we, inquire into the backgrounds, screening, preview, verification, approval or conduct any other due diligence of any Therapist; (b) We simply act as a passive conduit or tool enabling Clients to connect with Therapists and We do not warrant or represent any particular Therapist is the right fit for a Client or any particular Client is the right fit for any particular Therapist; (c) We do not endorse, control nor are We responsible or liable for the conduct, recommendations, advice or activities of any Clients or Therapists; (d) Clients and Therapists must evaluate and make their own judgment and bear all risks associated with the use of this Website and the Services, including, in the case of Clients, the selection of one or more Therapists and the relationship with any Therapist; (e) Dealings, interactions and participation between Clients and Therapists, and all other terms, conditions, representations or warranties associated with such dealings, are solely between such Clients and Therapists; (f) Clients are encouraged to determine whether a Therapist has (and the extent of) professional liability insurance, is licensed, is in good standing with applicable licensing authorities and is of good repute; (g) Client is responsible for and shall conduct whatever evaluation, background checks, references, investigation or other resources or due diligence that it deems necessary or appropriate before hiring, engaging, or continuing to engage with any Therapist; (h) We are not responsible for the accessibility or unavailability of any Therapist; (i) No Therapist is employed by or affiliated with Us and each is an independent provider who is personally responsible in all respects for the services it provides; (j) We are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with the Website, the Services or any of the foregoing; (k) Client is either 18 years old or older, or, if Client is between the ages of 13 and 17, Client has obtained the consent of his or her parents or legal guardian. Client agrees the Services are not intended for children under the age of 13, and children under the age of 13 are not permitted to use the Services; and (l) You shall be responsible for maintaining the confidentiality of passwords associated with any account it uses to access the Services and the Website.
Each Client shall indemnify, defend, and hold harmless Us and our agents (each an “Indemnified Party”) from and against all losses, liabilities, damages, demands, claims, causes of action, judgments, assessments, costs and expenses, including, without limitation, interest, penalties, reasonable attorneys’ fees, all expenses incurred in investigating, preparing or defending against any litigation or any type proceeding, commenced or threatened, or any claim whatsoever, and all amounts paid in settlement of any claim or litigation (collectively, “Damages”), asserted against, resulting to, imposed upon, or incurred or suffered by any Indemnified Party, directly or indirectly, as a result of, arising from, or relating directly or indirectly to any (a) violation or breach of these Terms; (b) use of this Website or the Services; or (c) misrepresentation to Us or any Therapist.
THERAPIST REPRESENTATIONS AND WARRANTIES
These Terms apply to all Therapists who offer Services on this Website. Each Therapist is responsible for the content of its own application forms, website, its contact information, all methods of selecting its patients, and the manner of its services. Each Therapist may accept or reject Clients in its sole discretion.
Each Therapist represents and warrants (a) all information it self-reports and delivers from time to time to Us or any Client will be true, correct, and not misleading including, but not limited to, the status of its license and whether it is in good standing with all applicable licensing authorities, is subject to disciplinary proceedings by any applicable licensing authority, and whether it maintains (and to what extent) professional liability insurance; (b) not to charge any Client which is referred to it through this Website more than Fifty Dollars ($50.00) for each of the first four (4) online sessions. Subsequent to the fourth (4th) session, charges for each session is any amount agreed upon with the Client so long as such amount is consistent with the Therapist’s recent historic standard fees; and (c) to comply and maintain compliance with all laws, regulations, ethical standards, and insurance contracts and plans applicable to its practice and profession.
Each Therapist shall indemnify, defend, and hold harmless Us and our agents (each an “Indemnified Party”) from and against all losses, liabilities, damages, demands, claims, causes of action, judgments, assessments, costs and expenses, including, without limitation, interest, penalties, reasonable attorneys’ fees, all expenses incurred in investigating, preparing or defending against any litigation or any type proceeding, commenced or threatened, or any claim whatsoever, and all amounts paid in settlement of any claim or litigation (collectively, “Damages”), asserted against, resulting to, imposed upon, or incurred or suffered by any Indemnified Party, directly or indirectly, as a result of, arising from, or relating directly or indirectly to any (a) breach or non-fulfillment of any covenant, representation, agreement or obligation of a Therapist under these Terms; (b) violation of any applicable law, statute, regulation or contract by such Therapist including any federal or state privacy law or regulation; (c) your use of, and access to this Website; and (d) negligent act or omission or willful misconduct of a Therapist in performing its mental health services to its patients or to any Client.
YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE INHERENT HAZARDS, CORRUPTION, AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE WEBSITE AND ITS APPLICATIONS. IF YOU RELY ON THE WEBSITE OR ANY MATERIAL AVAILABLE THROUGH IT, YOU DO SO AT YOUR OWN RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE SHALL BE DONE AT YOUR DISCRETION AND RISK AND YOU ARE AND WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE WEBSITE AND ALL SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT GUARANTEE THE WEBSITE AND THE SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF HARMFUL CODE (AS DEFINED BELOW). WE AND OUR AGENTS WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY HARMFUL CODE. “Harmful Code” means unwanted computer instructions, code, software, circuitry or other technological means whose purpose is to compromise user security, damage, disrupt or interfere with the use of computers, computer systems, data, hosts, or networks.
SINCE WE DO NOT CONDUCT ANY DUE DILIGENCE, LICENSING VERIFICATIONS OR SCREENINGS OF ANY OF THE THERAPISTS, WE CANNOT AND DO NOT REPRESENT, GUARANTEE OR WARRANT THE SERVICES AND ANY MENTAL HEALTH SERVICES ARE COMPLETE, MERCHANTABLE, CORRECT, ACCURATE OR ADEQUATE. WE MAKE NO WARRANTIES WHATSOEVER AND DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICES OR ANY INFORMATION FURNISHED BY US. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE RESULTS YOU WILL ACHIEVE BY USING OR RELYING UPON THE SERVICES. YOU SHALL BE SOLELY RESPONSIBLE FOR THE MANNER IN WHICH YOU USE THE SERVICES INCLUDING ALL INTERACTIONS AND MENTAL HEALTH SERVICES PROVIDED BY ANY THERAPIST. WE AND OUR AGENTS WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY THE SERVICES OR BY ANY INTERACTION OR PROFESSIONAL RELATIONSHIP BETWEEN A THERAPIST AND THE CLIENT.
LIMITATIONS OF LIABILITY AND LIMITATIONS OF ACTIONS
EXCEPT TO THE EXTENT OF OUR INTENTIONAL FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR AS OTHERWISE MAY BE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE (OR OUR AGENTS) BE LIABLE TO ANY CLIENT OR THERAPIST ON ACCOUNT OF SUCH PERSON’S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE OR THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE WEBSITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO (A) DAMAGES INCURRED BY REASON OF ANY OF THE SERVICES OR ANY BREACH OF THESE TERMS BY US; (B) ANY MENTAL HEALTH SERVICES AND ALL CONDUCT, DEALINGS OR INTERACTIONS WITH ANY THERAPIST OR BETWEEN THE THERAPIST AND CLIENT; OR (C) ANYTHING RECEIVED THROUGH OR MADE AVAILABLE ON OR THROUGH THE WEBSITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF US AND OUR AGENTS TO ALL THERAPISTS AND CLIENTS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO FIFTY DOLLARS ($50.00). This limitation of liability is cumulative and not per incident. THE EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT ENLARGE THIS LIMITATION. THE REMEDIES IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE USE OF THE WEBSITE, THE SERVICES OR OTHERWISE.
Except as may be prohibited by applicable law, no lawsuit, claim, dispute or action arising out of these Terms or otherwise for any reason, regardless of form or type of claim, can be commenced by any client or therapist against us (and our liability shall terminate) after one (1) year from when the cause of action accrued. Time is of the essence for this provision.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THE PARTIES MAY OTHERWISE HAVE. THE PARTIES AGREE, EXCEPT AS OTHERWISE STATED, THERE SHALL BE NO RIGHT TO A JURY OR COURT TRIAL. THE PARTIES AGREE ALL DISPUTES ARE PERSONAL TO THEM AND ALL DISPUTES SHALL ONLY BE RESOLVED BY AN INDIVIDUAL ARBITRATION. THERE CAN BE NO CLASS ARBITRATION OR ARBITRATION WHERE A PERSON BRINGS ACTION OR CLAIM AS A REPRESENTATIVE OF ANY OTHER PERSON OR PERSONS.
Should any Client have a dispute with any Therapist, including, but not limited to, with respect to any services provided by the Therapist or the fees charged by a Therapist, You must address such dispute with the Therapist directly. Should Therapist have a dispute with respect to any Client, including, but not limited to, past due payments or damages caused by Clients, You must address such dispute with the Client directly.
Any claims, disputes or controversies involving Us (a “Dispute”) shall be resolved by binding arbitration before a single neutral arbitrator located in Chicago, Illinois, in accordance with the terms herein which shall be the sole and exclusive method, means, and procedure to resolve all Disputes arising between the Parties and their respective agents. This agreement to arbitrate and the term Dispute are intended to have the broadest possible construction.
The arbitration shall be in accordance with this article and the Commercial Arbitration Rules of the American Arbitration Association (“AAA,” but shall not be conducted by the AAA). Notwithstanding those rules, the arbitrator may modify the rules in its discretion to expedite and simplify the hearing. These Terms govern in the event of a conflict between these Terms and the AAA rules. Arbitration is final, non-appealable, and binding. The arbitrator’s decision shall be controlled by these Terms including, without limitation, no award shall exceed nor shall the arbitrator have any jurisdiction to make an award to any Party against Us contrary to the “Limitation of Liability” provision set forth above and there shall be compliance with the time limitation of bringing a claim as set forth above. The Parties expressly agree the rulings of the arbitrator, including any award, shall be binding on the Parties, non-reviewable and non-appealable and may be entered as a judgment in a court of competent jurisdiction in Cook County, Illinois.
GENERAL PROVISIONS AND ENFORCEMENT OF TERMS AND CONDITIONS
These Terms are governed and interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. If you use the Services from other locations you are responsible for compliance with applicable local laws. If any term or other provision of these Terms is held by a court of competent jurisdiction in Cook County, Illinois, or an arbitrator to be invalid, illegal or incapable of being enforced, all other terms and provisions of these Terms shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any Party.
We may terminate any Parties’ privilege to use or access the Website and Services immediately and without notice for any reason whatsoever. Upon such termination, such Party must immediately cease accessing or using the Website and Services and agrees to not access or make use of, or attempt to use, the Website and Services. We may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Us. In the event of any termination or expiration of these Terms, all provisions of these Terms which by their nature should survive termination shall survive the termination of your access to the Website and Services, including, without limitation, provision regarding, Therapist representations and warranties, disclaimers, indemnity, arbitration, and limitations of liability and action.
We may, in our sole discretion, modify these Terms at any time effective upon posting the modified Terms on and in connection with the Website and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Website to obtain timely notice of such changes. If you do not agree to the amended Terms, you agree to immediately stop using the Website and Services. YOUR CONTINUED USE OF THE WEBSITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS.
You may not assign or otherwise transfer these Terms or any rights or obligations hereunder. The failure of Nefesh to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms set forth the entire understanding between you and Nefesh with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Nefesh with respect to such subject matter.