TERMS & CONDITIONS | helpmii

Last Updated: May 28, 2018

 

The Terms and Conditions

  • The following are the Terms and Conditions (the "Agreement") for the access and use of any person ("User", "Client" or "you") in an online Tool through which a copy of the information provided is emailed (collectively the "Tool"). 

  • Without derogating from the above, the Tool may be used among other things to facilitate (a) personal advice and information delivered specifically to you; and (b) general information and content which is publicly available and not transmitted to you personally.

  • By accessing or using the Tool, or by clicking a button or a box indicating that you have read and agree to the terms of use, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must refrain from using the Tool, you must stop making any use of the Tool and you should not access the Tool.

  • When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any company that owns and operates the Tool (the "Company"), its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees and successors of the aforementioned companies.

  1. The Counselors and Counselor Services

    • The Tool enables you to access to a copy of answers submitted (collectively "Information") and an analyzed response of the Information provided (collectively "Solution").

    • We do not employ nor are we counselors. Furthermore, we assume no responsibility for any act, omission or doing of any Counselor.

    • We make no representation or warranty whatsoever as to the willingness or ability of a Counselor to give advice.

    • We make no representation or warranty whatsoever as to whether you will find the Counselor Services relevant, useful, correct, relevant, satisfactory or suitable to your needs.

    • While we may try to do so from time to time, in our sole discretion, you acknowledge that we do not represent to verify, and do not guarantee the verification of, the Solutions provided. It is your responsibility to conduct independent research regarding any Solutions provided by using our Tool.

  2. Use of the Tool.

    • You agree, confirm and acknowledge that although you are using a Toll created by us for you, we cannot assess whether the use of the Tool is right and suitable for your needs. THE TOOL DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL SERVICES BY US. As operators of the Tool, our role is strictly limited to facilitating analysis of your responses to enable self-counseling. It is up to you to consider and decide whether these services are appropriate for you or not.

    • You agree, confirm and acknowledge that you are aware of the fact that the Tool is not a complete substitute for a face-to-face examination and/or session by a licensed qualified professional. You should never rely on or make health or well-being decisions which are primarily based on information provided as part of the Solution. Furthermore, we strongly recommend that you will consider seeking advice by having an in-person appointment with a licensed and qualified professional. Never disregard, avoid, or delay in obtaining medical advice from your doctor or another qualified healthcare counselor, by face-to-face appointment, because of information or advice you received from the Tool.

    • THE TOOL IS NOT INTENDED FOR DIAGNOSIS, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT THAT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE TOOL.

    • You are advised to exercise a high level of care and caution in the use of the Tool.

    • IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TO TAKE ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. YOU ACKNOWLEDGE, CONFIRM AND AGREE THAT THE TOOL IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THAT YOU MUST NOT USE THE TOOL IN ANY OF THE AFOREMENTIONED CASES.

    • The Tool 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. You confirm and acknowledge that we have no responsibility over any such Third Party Content, including (but not limited to) any related products, practices, terms or policies, and that we will not be liable for any damage or loss caused by any Third Party Content.

    • BY AGREEING TO THIS AGREEMENT YOU ARE ALSO AGREEING TO THE TERMS OF THE TOOL PRIVACY POLICY AVAILABLE AT https://www.helpmii.com/privacy (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.

  3. Further Disclaimer of Warranty

    • 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 TOOL, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY MENTAL HEALTH PROFESSIONAL OR ANY OTHER PROVIDER IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, WHO MAY BE ACCESSED THROUGH THE PLATFORM.

    • YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT WE DO NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE OR PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND SPECIFICALLY DISCLAIM ALL REPRESENTATION AND WARRANTIES, WITH RESPECT TO (A) ANY SOLUTION; (B) ANY INFORMATION ABOUT ANY SOLUTION INCLUDING WITHOUT LIMITATION ANY QUALIFICATIONS, EXPERTISE, CLAIMES OR BACKGROUND OF ANY SOLUTION PROVIDED; (C) THE TOOL SERVICES (WHETHER THROUGH THE TOOL OR NOT) INCLUDING WITHOUT LIMITATION ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION OR ANY OTHER CONTENT WRITTEN OR SAID BY A SOLUTION; (D) THE CONTENT AND THE SUBSTANCE WHICH ARE PART OF THE SOLUTION; (E) ANY OTHER CONTENT OR INFORMATION POSTED ON THE TOOL OR THROUGH THE TOOL; (F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACT, QUALITY OR APPLICABILITY OF THE TOOL AND THE TOOL SERVICES.

    • YOU AGREE, CONFIRM AND ACKNOWLEDGE THAT THE TOOL IS PROVIDED "AS IS" AND THEREFORE YOU WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST US. THE USE OF THE TOOL IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY.

    • ANY SOLUTION PROVIDED VIA THE TOOL CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. YOU ARE ENCOURAGED TO VERIFY THE INFORMATION PROVIDED BY THE SOLUTION. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE YOUR FULL AND SOLE RISK AND LIABILITY.

    • WE DO NOT ASSUME, AND WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE TOOL OR ANY PART OF THE TOOL; OR (B) ANY DAMAGES, HARM OR INJURY ARISING FROM OR RELATED TO THE TOOL, THE SOLUTION OR THE TOOL SERVICES.

    • In the event of a dispute regarding any transaction conducted via the Platform, you hereby relieve us from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which you may have against one or more of the above.

  4. Limitation of Liability

    • YOU AGREE, CONFIRM 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 FURTHER AGREE, CONFIRM AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE TOOL WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE TOOL IN THE 3 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.

  5. Fees and Payment

    • You confirm and agree that all payment related information that you provided and will provide in the future, to or through the Platform, are accurate, current and correct and will continue to be accurate, current and correct.

    • You confirm and agree to use only payment means (credit cards or others) which you are dully and fully authorized to use.

  6. Notices

    • All notices of changes will be advertised on this page and this page only. Please check back regularly for updates.

  7. 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 Maryland 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 state courts located in Baltimore County in Maryland. 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.

  • 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 Tool. 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 Tool 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 Tool 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.

 

 

Terms & Conditions