If you do not agree to all of these Terms, you are not authorized to use the Site or Services.
YOU UNDERSTAND AND AGREE THAT Think Hopeful (I) IS NOT A MEDICAL CARE PROVIDER, (II) IS NOT A SUBSTITUTE FOR SEEKING MEDICAL CARE, (III) DOES NOT PROVIDE MENTAL OR PHYSICAL THERAPY, MEDICAL, PSYCHIATRIC, OR PSYCHOLOGICAL ADVICE, AND (IV) CANNOT BE USED TO DIAGNOSE, TREAT, OR PREVENT ANY DISEASE OR CONDITION.THIS SERVICE IS NOT FOR EMERGENCIES. IF YOU OR ANOTHER PERSON IS IN DANGER, CALL 911 IMMEDIATELY. IF YOU ARE SUICIDAL, THE NATIONAL SUICIDE PREVENTION HOTLINE CAN HELP. CALL 1-800-273-8255, OR NOTIFY APPROPRIATE EMERGENCY PERSONNEL. IF YOU HAVE KNOWLEDGE OF CHILD OR DEPENDENT ADULT OR ELDER ABUSE, CONTACT YOUR LOCAL PROTECTIVE SERVICES AGENCY.
SERVICE INFORMATION AND LIMITATIONS
THINK HOPEFUL IS AN ONLINE PLATFORM THROUGH WHICH INDIVIDUALS MAY ENGAGE IN AND RECEIVE PEER AND COACHING SUPPORT. THE SERVICE IS NOT A REPLACEMENT OR SUBSTITUTE FOR CONSULTATION WITH A MEDICAL CARE PROFESSIONAL. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION AND/OR SERVICES PROVIDED BY OR THROUGH THE USE OF THE SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM US. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE. NEVER DISREGARD PROFESSIONAL MENTAL AND/OR MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON THE SERVICE. Think Hopeful represents that it has no licensing or other expertise in diagnosing, examining, or treating medical or any other diagnosed conditions of any kind, or in determining the effect of peer support on a medical or any other diagnosed condition. If you engage in the Think Hopeful peer support and coaching program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk yourself, and agree to release and discharge Think Hopeful from any and all claims or causes of action, known or unknown, arising out of your participation in or use of any peer support made available by Think Hopeful. Without limitation, Think Hopeful does not endorse any specific tests, providers, medications, products or procedures. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. By accessing or using the Services you represent and warrant that you are not legally prohibited from accessing the Services under the laws of the country in which you access or use them. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
ELIGIBILITY AND ABILITY TO ACCEPT TERMS
You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If we learn we have collected personal information from a minor (“person under 18 years of age”), we will delete that information as quickly as possible and terminate the associated account. If you believe that a minor may have provided us personal information, please contact us at Admin@ThinkHopeful.com.
To access the Service, you may need to establish an individual user account (“Account”). You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form (understanding you use an anonymous user name or nickname after you provide your contact information); and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Think Hopeful has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, Think Hopeful reserves the right to refuse any future request(s) to use the Service. You agree that you will safeguard your password and that you are solely responsible for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account. Think Hopeful will not be liable for any loss that you incur as a result of someone else using your Account, either with or without your knowledge. We reserve the right to terminate any user Account at any time for violation of the Terms or other conduct we deem detrimental to the Service. You may terminate your Account at any time
Our Service and the Content provided therein are for informational and educational purposes and are not a substitute for the professional judgment and advice of health care professionals. Persons accessing this information assume full responsibility for the use of the information. Think Hopeful is not responsible or liable for any claim, loss, or damage arising from the use of the information. You understand that Think Hopeful owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
Moderators are also fellow Think Hopeful members who help to keep the groups safe from negative trolling or poor behaviors. Moderators are not licensed mental health or medical providers. Moderators have limited ability of permissions within groups. Moderators are sometimes also the leader of the support groups. Think Hopeful assumes no responsibility for the quality of the services individual coaching and moderated peer group provides, nor any act, omission or wrongdoing of any coaching or moderated peer group. While Think Hopeful may help you match with a moderated peer group, help you find a new group if the match is unsuccessful, and follow up on any complaints about your current Coach or group, Think Hopeful makes no representation or warranty whatsoever as to whether you will find the Coach’s services relevant, useful, correct, satisfactory or suitable to your needs. Think Hopeful does not take responsibility for services rendered to User and cannot legally guarantee the verification of degrees, qualifications, certification, credentials, competence, or background of any Coach or Peer Leader (Coaching leading Groups).
Coaches & Group Leaders
Coaches and Group Leaders are not licensed mental health or medical professionals and are not permitted to provide medical care or advice while participating on Think Hopeful Site or while using Think Hopeful Products or Services. Think Hopeful assumes no responsibility for the quality of the services a one-on-one coaching (“1:1 coaching”) or a moderated peer group provides, nor any act, omission or wrongdoing of any 1:1 coaching or moderated peer group. You should never rely on or make health or well-being decisions purely on use of Think Hopeful. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare clinician, or by traditional face-to-face appointment, due to information or advice you received through Think Hopeful.
You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Site or the Services. You may receive announcements, administrative messages, service updates, or other non-transactional communications, and that agreeing to receive these communications. You will not be able to opt out of receiving these communications. By creating a user Account, you are opting into receiving email messages from Think Hopeful. You may opt out of receiving messages by emailing us at Admin@ThinkHopeful.com
COACHING AND SUPPORT GROUP SERVICES PROVIDED
The content of the Site, 1:1 Coaching, Group Sessions, and Informational material, including without limitation, text, copy, audio sessions, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Think Hopeful. Think Hopeful does not employ individuals to provide mental health, physical, nutrition, or financial information. Coaches facilitate 1:1 and group discussion sessions via chat (“conversations”) and audio for general information purposes. You should always seek the advice of your qualified health care professionals/ mental health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Think Hopeful, or in connection with any communications supported by Think Hopeful, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. Think Hopeful is not responsible for the quality and appropriateness of the information provided to you. Think Hopeful does not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by or through the Coaching or Group Services, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Your interactions with peers (“members”), Coaches, Support Groups Leaders and Moderators are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. You acknowledge that your reliance on any information delivered by Coaches, Support Group Leaders, Moderators and members via the Site or Group Service is solely at your own risk and you assume full responsibility for all risks associated herewith. Think Hopeful does not make any representations or warranties about the training or skill of any Therapist who delivers services via the Site or Group Service.
RECORDING COACHING AND PEER GROUP SESSIONS IS PROHIBITED
None of the information and content shared in the 1:1 Coaching and Support Group Services may be recorded, screenshot, or distributed for any purpose. You may not misuse the Coaching, Site, or Support Group Services.
CONFIDENTIALITY OF MEMBERS AND PEER GROUP SERVICES
You are prohibited from sharing any personal information about other Members learned in Groups or otherwise, including but not limited to names, locations, details from stories that jeopardize the anonymity of Members, and any identifying information. All Group Services must remain confidential.
Unless otherwise indicated, all Site materials, including, without limitation, the Site logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of the Site. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site that originated from us — including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance — without the prior written permission of us is strictly prohibited.
The Site name and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of the Site, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
USE OF CONTENT SUBMITTED BY YOU
You understand that all Content posted by Users (“members”), whether publicly posted or privately transmitted, are the sole responsibility of the User from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Site or Services to:
POSSIBLE CONTENT REMOVAL
We retain the right, but not the obligation, to monitor and edit or remove any user, activity or content that it deems in its sole discretion to be harmful to Users, us or the rights of any third party, or to violate any applicable law. This includes the right, but not the obligation, to remove any text or images uploaded by you that we deem in our sole judgment to be inappropriate or that we believe may subject us to any liability, including without limitation the following:
THIRD PARTY LINKS
We may provide links to web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. We do not monitor, nor does it have any control over, any Third Party Content. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. We make no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the Site, you should be aware that the Terms of Service no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that particular site. Users use these links and Third Party Content contained therein at their own risk.
CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another web site that contains material that infringes upon any copyright that you own or control, you may contact us immediately at Admin@ThinkHopeful.com
In the event that you are a registered user of the Site, you may terminate such registration by notifying the Site by sending e-mail to Admin@ThinkHopeful.com. After receipt of your termination notice, we will terminate your account. We may terminate your access to the Services or your registration at any time in the event of a breach of these Terms of Service by User or anyone accessing the Services using registered User’s username. We, at our sole discretion, may also terminate these Terms of Service at any time without cause, and may suspend access to the Service with or without notice, to any User.
User agrees to indemnify and hold us, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Site, the violation of these Terms of Service by User, or the infringement by User, or any other user of User’s account, of any intellectual property or other right of any person or entity.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
We reserve the right to change any and all content contained on the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service
The Terms of Service constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use our affiliate services, third-party content or third-party software. The Terms of Service and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
VIOLATIONS AND COMMENTS
Please report any violations of the Terms of Service or make any comments to Admin@ThinkHopeful.com