TERMS & CONDITIONS

1. The Terms and Conditions

Please read these Terms and Conditions carefully (“Terms”). By accessing or using COWA’s (COWA, we, our, us) service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you must not use our service.

2. Acceptable Use of Our Service

You hereby certify that you are over the age of eighteen (18) or have your Parent/Guardian consent to our service. You acknowledge that your ability to access and use our service is conditioned upon the truthfulness of the information you provide regarding your age, residence and contact information and that the service providers you access are relying upon this certification in order to interact with you and provide the services.

You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of ourcowa.org and your relationship with the listeners and us.

You agree and confirm that your use of ourcowa.org, including the Listening Services, are for your own personal use only and that you are not using the website or the Listening Services for or on behalf of any other person or organization.

We may suspend, ban, or stop providing our services to you if you do not follow our Terms, Privacy Policy, or other policies or if we are investigating suspected misconduct.

Listening Services

DO NOT USE OUR SERVICE FOR EMERGENCIES. COWA LISTENERS ARE NOT TRAINED OR QUALIFIED TO ASSIST THOSE IN CRISIS. IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT OTHER PERSON MAY BE IN DANGER, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL 911 AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

OUR LISTENING SERVICE IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH COWA.

YOU SHOULD NEVER DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR PRIMARY DOCTOR OR OTHER QUALIFIED PROFESSIONALS BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH COWA.

You acknowledge and agree that Listeners are neither employees nor agents nor representatives of COWA, and COWA assumes no responsibility for any act or omission of any such Listener. You also acknowledge and agree that you take full responsibility for the decision to access a Listener through COWA and to continue to interact with the Listener, and that the role of COWA is strictly limited to providing access to such Listeners for your consideration.

Your relationship relating to the Listening Services is strictly with the Listener. We are not involved in any way with the actual substance of that relationship or any part of the Listening Service (whether provided through COWA or not). Information shared between you, the user, and Listener during online listening services may be reviewed periodically by COWA to conduct quality control, address potential safety issues, and prevent misuse of our platform, if certain suspicious or potentially harmful activity is detected.

COWA makes no representation or warranty whatsoever as to

  • The accuracy or availability of the Listening Platform,
  • The willingness or ability of the Listener to listen,
  • The willingness or ability of any Listener to give advice,
  • Whether the user shall find a Listener useful or satisfactory,
  • Whether the user shall find a Listener’s advice relevant, useful, accurate or satisfactory,
  • Whether the listening of the Listener will be helpful,
  • Whether the advice of the Listener will be responsive or relevant to the user’s question, or
  • Whether the Listener’s advice will otherwise be suitable to the user’s needs.

All Listeners in COWA are volunteers. Some of them are Licensed Therapists while others have gone through professional trainings provided by us. COWA does not verify the skills, degrees, qualifications, credentials or background of any Listeners. WE DO NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR ADVICE PROVIDED BY LISTENERS AND COWA WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY USER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of website’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

Privacy

The COWA Privacy Policy explains how we safeguard your personal information and protect your privacy when you use our services. By agreeing to this agreement and/or by using ourcowa.org and our services, you are also agreeing to the terms of the Privacy Policy.

Disclaimers

You understand, agree and acknowledge that ourcowa.org and the Listening Services through COWA are provided “AS IS” without any express or implied warranties of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy. To the fullest extent permissible pursuant to applicable law, COWA disclaims all warranties of any kind, either express or implied. Neither COWA nor its licensor, officers, directors, employees, subcontractors or volunteers make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet your needs. The use of ourcowa.org and the listening services through COWA is solely at your own risk.

You understand, agree and acknowledge that under no circumstances shall COWA, its licensor or service providers or any third party who promotes our service or provides you with a link to the service, be liable to you or to any third party for any indirect, incidental, consequential, punitive, exemplary and special damages arising from or in connection with your use of ourcowa.org and our services.

YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM COWA’S LISTENIN SERVICES OR OURCOWA.ORG, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH US.

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This section (Disclaimer) shall survive the termination or expiration of this Agreement.

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the services, any part of the Listening Service or of ourcowa.org, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that COWA will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

COWA’s services and our website depend on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the reliability and accessibility of our services, you understand and agree that no service can be 100% reliable and accessible and so we cannot guarantee that access to ourcowa.org and services through COWA will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

Important Notes

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND COWA. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.

We may make changes to these Terms by posting modifications on our website. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you should check the terms regularly. By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the modified terms for a service, you should immediately terminate access to our website and discontinue your use of that service.

If you do not comply with these terms, and we don’t take action right away, that doesn’t mean that we will give up any rights that we may have (such as taking action in the future).

Last Updated : June 25, 2021

3. Privacy and Security

Protecting and safeguarding any information you provide through the Platform is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at https://www.betterhelp.com/privacy (The ‘Privacy Policy).

BY AGREEING TO THIS AGREEMENT AND/OR BY USING THE PLATFORM, YOU ARE ALSO AGREEING TO THE TERMS OF THE PRIVACY POLICY. THE PRIVACY POLICY IS INCORPORATED INTO AND DEEMED A PART OF THIS AGREEMENT. THE SAME RULES THAT APPLY REGARDING CHANGES AND REVISIONS OF THIS AGREEMENT ALSO APPLY TO CHANGES AND REVISIONS OF THE PRIVACY POLICY.

4. Third Party Content

The Platform may contain other content, products or services which are offered or provided by third parties (“Third Party Content”), links to Third Party Content (including but not limited to links to other websites) or advertisements which are related to Third Party Content. We have no responsibility for the creation of any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and we will not be liable for any damage or loss caused by any Third Party Content.

5. Disclaimer of Warranty and Limitation of Liability

YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE COUNSELOR SERVICES OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY COUNSELOR AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU OR ON YOUR BEHALF THROUGH THE PLATFORM IN THE 12 MONTHS PERIOD PRIOR TO THE DATE OF THE CLAIM.

If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.

This section (limitation of liability) shall survive the termination or expiration of this Agreement.

6. Your account, representations, conduct and commitments

You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.

You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.

You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”). We advise you to change your password frequently and to take extra care in safeguarding your password.

You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.

You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.

You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.

You agree and commit not to use the account or Account Access of any other person for any reason.

You agree and confirm that your use of the Platform, including the Counselor Services, are for your own personal use only and that you are not using the Platform or the Counselor Services for or behalf of any other person or organization.

You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes a third party right including intellectual property rights; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.

You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Counselors and us.

If you receive any file from us or from a Counselor, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.

You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable attorneys’ fees and expenses) arising out of or relating to any of the following: (a) your access to or use of the Platform; (b) any actions made with your account or Account Access whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Counselor Services) which were provided through the Platform; (e) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This clause shall survive expiration or termination of this Agreement.

You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.

You agree to pay all fees and charges associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published in the Platform. By providing us with your Payment Means you authorize us to bill and charge you through that Payment Means and you agree to maintain valid Payment Means information in your Account information.

If you have any concerns about a bill or a payment, please contact us immediately by sending an email to contact@betterhelp.com. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Counselor, extending your subscription at no cost to you, and issuing partial or full refunds when applicable.

7. Modifications, Termination, Interruption and Disruptions to the Platform

You understand, agree and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. While we make commercially reasonable efforts to ensure the Platform’s reliability and accessibility, you understand and agree that no platform can be 100% reliable and accessible and so we cannot guarantee that access to the Platform will be uninterrupted or that it will be accessible, consistent, timely or error-free at all times.

8. Notices

We may provide notices or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to legal@betterhelp.com.

Notice to California Residents:

The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of (marriage and family therapists, clinical social workers, or professional clinical counselors). You may contact the board online at www.bbs.ca.gov, or by calling (916) 574-7830.

9. Important notes about our Agreement

This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of Delaware excluding any rules governing choice of laws.

You irrevocably agree that the exclusive venue for any action or proceeding arising out of relating to this Agreement or our relationship with you, regardless of theory, shall be the U.S. District Court for the Northern District of California, or the state courts located in Santa Clara County in California. You irrevocably consent to the personal jurisdiction of the aforementioned courts and hereby waive any objection to the exercise of jurisdiction by the aforementioned courts. Nothing in this Agreement, including the choice of the laws of the State of Delaware, affects your statutory rights as a consumer to rely on the mandatory consumer protection provisions contained in the law of the country in which you live.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. YOU CONFIRM THAT YOU HAVE NOT RELIED UPON ANY PROMISES OR REPRESENTATIONS BY US EXCEPT AS SET FORTH IN THIS AGREEMENT.

We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The last update date of this Agreement is posted at the bottom of the Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.

We may freely transfer or assign this Agreement or any of its obligations hereunder.

The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

To clear any doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.