These
terms and conditions of use (“Terms of Use”) govern your use of our online
interfaces and properties (e.g., website) owned and controlled by Think
Hopeful, Inc. (“Think Hopeful”), including the ThinkHopeful.com or affiliates
website (“Site”) and Think Hopeful services (“Services”) and products
(“Products”) available to users (“members”) through the Site. The terms “you”
and “your” “user” and “members” means you, your dependents if any, and any
other person accessing your Think Hopeful Account. If you access the
Service or accept these Terms of Use on behalf of a company, academic
institution, or any other legal entity, you represent and warrant that you have
the authority to bind that entity and, in such event, “you”, “your”, and
“yourself” will refer to that entity. YOU ACKNOWLEDGE AND AGREE THAT, BY
ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, THAT
YOU UNDERSTAND, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU REGISTER
FOR A DISCOUNTED OR FREE TRIAL OF THE SERVICES, OR ARE HAVING YOUR USAGE PAID
FOR BY A THIRD-PARTY, THESE TERMS ALSO GOVERN THAT USAGE.
If you
do not agree to all of these Terms, you are not authorized to use the Site or
Services.
Think Hopeful DOES NOT PROVIDE MEDICAL CARE, MENTAL HEALTH THERAPY, SUBSTANCE RECOVERY SERVICES, PSYCHIATRIC SERVICES, PHSYICAL THERAPY, FINANCIAL SERVICES, NUTRITION SERVICES, LEGAL SERVICES OR ADVICE PERTAINING TO THESE MATTERS.
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 16 years of age or over 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.
ACCOUNT
REGISTRATION
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
PROTECTING YOUR PERSONAL INFO WITH 2-STEP VERIFICATION
Think Hopeful will turn on 2-Step Verification soon for many accounts. Using a second step to sign in is quick and easy, and it makes your Account much more secure.
Keep your phone nearby when you register and sign-in.
The registration process will ask you to enter your phone number to complete a 2-step verification. This will create an additional layer of security for your Account.
The sign-in process may ask you for a 2-step verification when Think Hopeful needs to make sure it’s really you.
How 2-Step Verification helps protect your personal info
The personal information in online accounts is valuable to hackers. Password theft is the most common way accounts are compromised. For example, deceptive messages or lookalike sites often trick people into sharing their passwords. These password-stealing scams are common and even experts are sometimes fooled. Signing in with both a password and a second step on your phone protects against password-stealing scams. Even if someone gets your password online, they won’t also have your phone.
PRIVACY
All
de-identified data, meta-data and research data collected by Think Hopeful
through your use of the Service remains the sole property of Think Hopeful. You
shall not request Think Hopeful remove or delete any of such data. You agree
that Think Hopeful may collect and use all data provided to or created by the
Service in compliance with Think Hopeful’s Privacy Policy. For more information
about how your personal information is handled, please see the privacy policy
of Think Hopeful at https://ThinkHopeful.com/privacy-terms.
SERVICE
CONTENT
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
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.
COMMUNICATIONS
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.
COPYRIGHTS
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.
TRADEMARKS
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
BY
UPLOADING, POSTING, SENDING OR SUBMITTING PHOTOGRAPHS, PICTURES, IMAGES OR ANY
OTHER CONTENT INCLUDING, WITHOUT LIMITATION, GRAPHICS, VIDEO, DATA, TEXT,
FILES, LINKS, SOFTWARE, MUSIC, SOUND (“CONTENT”), YOU ARE CONSENTING TO BE
BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT UPLOAD, POST, SEND OR
SUBMIT ANY CONTENT TO THIS SITE. You agree that any Content you upload, post,
email, transmit or otherwise make available via the Service is non-confidential
and that we shall have a perpetual, worldwide, non-exclusive license to use any
such Content in connection with the Service and our business (and any
successor), including without limitation for promoting and redistributing part
or all of the Service (and derivative works thereof) in any media formats and
through any media channels. You also hereby grant each User a non-exclusive
license to access your Content through the Site, and to use, reproduce,
distribute, prepare derivative works of, display and perform such Content as
permitted through the functionality of the Site and under these Terms of
Service. The submission of any materials to us irrevocably waives any and all
“moral rights” in such materials, including the rights of paternity and
integrity. The foregoing license granted by you terminates once you remove or
delete Content from the Site.
USER
CONDUCT
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:
ACCESSIBILITY STATEMENT
We are continuously working towards enhancing the quality of service we offer through our applications and websites. Our primary focus is to ensure that our platforms are fully accessible, in line with the latest accessibility standards and guidelines. By doing so, we aim to create a seamless browsing experience that caters to the divers needs of all our users, regardless of their abilities. Through ongoing improvements and updates, we are committed to making our services more user-friendly, inclusive, and enjoyable for everyone.
Conformance status: At our organization, we strive to adhere to the Web Content Accessibility Guidelines (WCAG) in order to enhance the accesibility of our applications and websites for individuals with disabilities.
Feedback and contact information: Email: Info@ThinkHopeful.com
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
TERMINATION
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.
INDEMNIFICATION
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.
NOTICE
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
GENERAL
INFORMATION
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
Contact
Us: