Terms of Use

DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. 

 

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE TALKLET SITE DISPLAYS THE SUICIDE HOTLINE IN SEVERAL PROMINENT LOCATIONS AND HAS AN INDEX OF NATIONAL,  REGIONAL AND STATE RESOURCES FOR MENTAL HEALTH EMERGENCIES WHICH WE IMPLORE ALL USERS OF THIS SITE TO USE WHEN FACED WITH AN IMMEDIATE OR EMERGENT CRISIS.

 

Effective: January 30, 2021

Last Updated: May 22, 2021

 

These Terms of Use ("Terms of Use" or “Terms”) are a legal contract between you (“You/Your” or "User") and Talklet Inc. (“Us” or “We” or “Talklet”), creators of the Talklet website and mobile platform (the “Platform”), and govern Your use of the Platform, and all of its content and functionality (collectively, the “Services”). These Terms apply to individuals accessing the Platform. By accepting these Terms of Use and using the Platform, you acknowledge that you have read, understand, and agree to these Terms and Our Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Privacy Policy.

WHAT ARE THE SERVICES?

Section 1

 

The Platform a secure and accessible listening platform that connects qualified Listeners to people who want to talk and feel heard. Listeners could include social workers in-training, counselors in training, coaches, therapists in training, or any other person who registers to provide Listener Services and is trained by Talklet and follows Talklet’s listener guidelines. Users can book sessions with their chosen Listener online and will have 30 minutes to voice their thoughts to a trained listener via a video call on the Platform. The Platform does not provide access to licensed providers and is not intended for Users with significant or severe mental health illness symptoms.

 

You may access and use the Services only in accordance with these Terms, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as the Talklet Privacy Policy.

 

If You believe or suspect or someone else advises You that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.

 

A LISTENER’S USE OF OUR PLATFORM TO DELIVER SERVICES TO YOU IS NOT AN ENDORSEMENT OR RECOMMENDATION OF SUCH LISTENER BY TALKLET. WE DO NOT PROVIDE MEDICAL ADVICE OR SERVICES.

 

While we do review and train the Listeners providing Services through the Platform, such Listeners are not licensed to provide clinical services.

 

General information available through the Platform about mental health conditions, symptomology, or other general information such as educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay in obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Platform. If You have or suspect that You have an urgent medical or mental health problem or condition, please contact a qualified healthcare professional immediately.

 

No Professional Medical Services. YOU HEREBY AGREE AND ACKNOWLEDGE THAT TALKLET IS IN NO WAY PROVIDING DIAGNOSIS OR TREATMENT TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREES THAT THE INFORMATION, PROCESSES, PRODUCTS AND OTHER ITEMS REFERENCED IN THE PLATFORM ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR PRODUCT. WE EXPLICITLY DISCLAIM THE CREATION OF A LISTENER-USER RELATIONSHIP WITH YOU.

 

THE SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO REPLACE THE RELATIONSHIP YOU HAVE WITH YOUR HEALTH CARE PROVIDER OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. If You have or suspect that You have an urgent medical problem or condition, please contact a qualified healthcare professional immediately. Never disregard, avoid, or delay obtaining medical advice from a doctor or other qualified healthcare provider because of something learned or instructed via the Services. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional. THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDERS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU.

 

WHO IS ELIGIBLE TO USE THE SERVICES?

Section 2

 

You must register to create an account (“User Account”) and become a “Registered User” to use the Services. To register, You must create a username and provide Your name, Your email address, and other information specified in the registration form (“Registration Data”). You may change or correct information in Your account by contacting Talklet at support@mytalklet.com. You agree not to register for a User Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, You hereby represent that You are legally authorized to do so.

 

By registering for an account and using the Services, You represent and warrant:

 

  1. That You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;

 

  1. Your registration data is true, accurate, current, and complete;

 

  1. You will update Your registration data as needed to maintain its accuracy;

 

  1. You are authorized to create a User Account (either for Yourself or another person);

 

  1. You are legally authorized to view information stored in the Platform.

 

NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.

 

Payments and Refunds:  You will be responsible for payment for your Sessions using the third-party payment service integrated into the Platform.  If You cancel your scheduled session with a Talklet listener under 6 hours before your session, Talklet will not provide you with a refund and those fees are not transferrable to other sessions.  Please see our cancellation policy below for further details.

 

Session Cancellation Policy:

When you book your session, you are holding a space on the listener’s calendar that is no longer available to our other users. To be respectful of your listener and fellow users, please cancel your session on your dashboard by clicking the cancel button next to the relevant session as soon as you know you will not be able to make your session

 

If cancellation is necessary, we require that you to cancel at least 12 hours in advance of your scheduled session time. Your advanced notice will allow another user to access that session time. You will receive a 100% refund of the total session fee.

 

You will receive a 50% refund of the total session fee if you cancel between 6 - 12 hours in advance of your scheduled session time.

 

You will receive no refund of the total session fee if you cancel under 6 hours in advance of your scheduled session time.

 

If you have booked a session within 12 hours of your scheduled session start time, you will receive no refund if you cancel your session.

 

How to Cancel Your Session

Cancel your session by logging in to your account and press the “cancel button” next to your booked relevant session on your dashboard.

 

After canceling your session on the website, Talklet team will confirm your cancellation via email.

 

Late Cancellations/No-Shows

A cancellation is considered late when the session is cancelled less than 6 hours before the appointed time.

A no-show is when a user misses the session without cancelling.

 

In either case, there is no refund, and the user will be charged $15 session for the missed session.

 

Late to Session

Any user late to their session will be seen for the remainder of the scheduled session and will be charged for the full scheduled session. For example, if you are 10 minutes late to the 30-minute session, then you will be seen for the remaining 20 minutes, but will be charged for the full session.

 

Waiver fee

We understand that emergencies occur and we will do our best to make exceptions for only true emergencies. In the case of a true emergency, this Cancellation Policy does not apply. Please let us know as soon as possible if this is the case. However, we ask that this only be used in the case of a real emergency and that you otherwise make every attempt to keep your session.

 

HOW WILL WE TELL YOU IF WE CHANGE THESE TERMS?

Section 3

 

With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included at the end of these Terms, Talklet reserves the right to change or modify these Terms at any time without prior notice to You. If we change or modify these Terms, we will let You know by (1) posting a new version of the Terms to the Platform; and (2) delivering an updated version of the Terms to you via email.

 

If You continue to use the Services after we have let You know that we have made changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Services and delete all files associated with the Services on Your device or computer. 

 

WHO OWNS THE TALKLET SERVICES?

Section 4

 

Talklet Inc. owns the Services. Subject to Your compliance with these Terms, Talklet grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services by accessing the Platform on your personal computer and/or mobile device. THE SERVICES ARE FOR YOUR PERSONAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE PLATFORM. You may not use the Services for any other purpose than what is allowed under these Terms without Talklet’s express written permission.

 

You may not use Talklet’s name, trademarks, service marks, or logos, or those of third parties appearing on the Services in any advertising or publicity or to otherwise indicate Talklet’s or such third-party’s sponsorship or affiliation with any product or service without express written permission from Talklet or such third-party.

 

You own Your Personal Data (as defined in the Privacy Policy) and any other content You post on or through the Services (collectively, “Content”). As a condition of providing You the Services, You grant to Talklet a perpetual, non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use Your Content for the purpose of providing the Services, subject to the restrictions in the Privacy Policy. You also agree to allow Talklet to de-identify and anonymize Your Content, in accordance with Our Privacy Policy, and to use or disclose such de-identified information for any legal purpose.

WHAT ARE YOU PROHIBITED FROM DOING WITH THE SERVICES?

Section 5

 

Talklet imposes certain restrictions on Your use of the Services. While using the Platform, You shall not:

 

  1. provide false, misleading or inaccurate information to Talklet or any other user;

 

  1. impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; 

 

  1. use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Platform for any use, including without limitation use on third-party websites;

 

  1. access content or data not intended for You, or log onto a server or account that You are not authorized to access;

 

  1. violate any applicable law or regulation;

 

  1. attempt to probe, scan, or test the vulnerability of the Platform or any associated system or network, or breach security or authentication measures without proper authorization;

 

  1. interfere or attempt to interfere with the use of the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing";

 

  1. forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Platform;

 

  1. post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation;

 

  1. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Talklet, You, or any other third-party (including another user) to protect the Platform;

 

  1. attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Talklet in providing the Platform. Any violation of this section may subject You to civil and/or criminal liability; or

 

  1. encourage or enable any other individual to do any of the above.

 

Talklet is not obligated to monitor Your use of the Services, but We may do so to ensure Your compliance with these Terms, and to respond to law enforcement or other government agencies if and when we are required to. Talklet reserves the right to suspend or terminate Your use of the Services without notice to You if You partake in any of the prohibited uses described above.

 

WHO PROTECTS YOUR LOGIN INFORMATION?

Section 7

 

The Platform is designed to require users to create a username and password to access and use the Platform. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (A) maintaining the strict confidentiality of Your User Credentials, (B) not allowing another person to use Your User Credentials to access the Platform, (C) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials, regardless of whether You were aware of those activities. You agree to immediately notify Talklet in writing by email of any unauthorized use of Your User Credentials or any other compromise of the security of Your User Account.

 

TALKLET WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. TALKLET IS NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

 

You may be held liable for any losses incurred by Talklet or its affiliates, officers, directors, employees, consultants, agents, and/or its representatives (“Company Representatives”) due to someone else’s use of Your account or password, regardless of whether You were aware of such use.

 

HOW DOES TALKLET PROTECT YOUR PRIVACY?

Section 8

 

Talklet respects the information You provide to us. Please see our Privacy Policy for an explanation of the information that we collect from You and how we use Your information. By clicking “I Agree”, accessing or using the Platform, or by downloading, viewing, or uploading any Content from or through the Platform, You acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these terms.

 

We are not responsible for nor liable to You or any third party for a third party’s treatment of Personal Data, including any collection, use, disclosure, storage, loss, theft or misuse of Personal Data, whether or not such treatment violates applicable law.

 

EU Citizens and GDPR: Please see our Privacy Policy for specific information regarding Your rights under GDPR, and Talklet’s commitment to protecting those rights.

 

Our Privacy Policy does not address how a third party with whom You share information collected, generated, or stored via the Platform may further use and disclose Your health information. This is governed by the third party’s privacy policy. You expressly acknowledge and agree that Talklet is neither responsible for nor liable to You or any third party for the treatment of Your Personal Data by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of Your Personal Data, whether or not such treatment violates applicable law or the provider’s privacy practices.

 

COMPUTER EQUIPMENT AND INTERNET ACCESS

Section 9

 

You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for You to access and use the Services. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.

 

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

 

HOW DO YOU OPT-OUT OF RECEIVING EMAILS FROM TALKLET?

Section 10

 

In providing the Services, You may receive periodic email communications regarding the Services and information regarding the Services, which are part of the Services and which You cannot opt out of receiving. When such messages are sent to You via the user portal, you will receive an email alert indicating that a message has been received. You may also receive periodic promotions and other offers or materials We believe might be of interest to You. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each newsletter; or (b) emailing us at support@mytalklet.com.

 

LINKS TO OUTSIDE THIRD-PARTY WEBSITES & SERVICES

Section 11

 

Certain areas or features of the Platform may allow You to access websites or applications that are not Talklet websites or applications (collectively, “Third-Party Sites”). You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides and/or business practices (collectively, “Third-Party Rules”) than Talklet, and that Your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. Talklet provides links to Third-Party Sites to You as a convenience, and We do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

 

YOU AGREE THAT TALKLET WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, AND OTHER CONTENT (“THIRD PARTY MATTERS”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS. Any reference in the Platform to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply Talklet’s endorsement or recommendation.

 

THIRD-PARTY SERVICES WITHIN THE PLATFORM AND WEBSITE

Section 12

 

Certain features, aspects, products and services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”). For example, We use Third-Party Services to provide you with payment services and video access, both of which are integrated into the Platform, but may require you to accept separate terms and conditions. If use of Third-Party Services may be subject to additional terms and conditions, you will receive a notification and have the opportunity to accept such terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, YOU MAY NOT USE THE RELATED THIRD-PARTY SERVICES.

 

In the event of any inconsistency between terms and conditions relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about You, as specified in the Third-Party Service Providers’ privacy policies. Prior to providing information to any Third-Party Service Provider, You should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. TALKLET WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.

 

YOUR REPRESENTATIONS AND WARRANTIES

Section 13

 

You represent and warrant that Your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules, and any Talklet policies and procedures Talklet provides to You in writing. Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA WITH US.

 

WARRANTY DISCLAIMERS & LIMITATION OF LIABILITY

Section 14

 

NO WARRANTIES

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TALKLET EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  WE MAKE NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  WE MAKE NO WARRANTY REGARDING THE QUALITY OF THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TALKLET OR THROUGH THE PLATFORM OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITHIN THE Platform AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, LISTENERS, AND OTHER AUTHORIZED THIRD PARTIES. TALKLET MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, LISTENERS.

 

TALKLET CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. TALKLET CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE PLATFORM.

 

YOUR RESPONSIBILITY FOR OUR LOSS OR DAMAGE

YOU AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. YOU WILL NOT HOLD TALKLET OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA.

 

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM REMAINS WITH YOU. NEITHER TALKLET NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, MAINTAINING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TALKLET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

 

IF YOU ARE DISSATISFIED WITH THE PLATFORM OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE PLATFORM. YOU ACKNOWLEDGE THAT IF YOU USE THE PLATFORM DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. TALKLET IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED IN THE PLATFORM. TALKLET IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDERS OR CLINICIANS, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE PLATFORM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TALKLET’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE PLATFORM MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

 

INDEMNIFICATION

Section 15

 

You agree to indemnify, defend and hold harmless TALKLET AND  COMPANY representatives from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) arising out of or in any way connected with Your access to or use of the Services, Your violation of this Agreement, or any negligent or wrongful conduct by You or related to Your account by You or any other person accessing the Services through Your account, regardless of whether You were aware of such use.

 

GOVERNING LAW

Section 16

 

These Terms are governed by the laws of the State of Illinois without regard to its conflict of laws principles. The courts of the State of Illinois have jurisdiction over any action arising under these Terms or Your use of the Services.

 

HOW AND WHEN CAN YOUR ACCOUNT BE TERMINATED?

Section 17

 

If You breach any of these Terms, we may suspend or disable Your account or terminate Your access to the Services without prior notice to You.  There may be other instances where We may need to terminate Your access to the Services that are not related to any of Your actions or inactions.  We reserve the right to terminate Your access to and use of the Services at any time, with or without cause. 


If You wish to terminate Your account, please contact Talklet at support@mytalklet.com, immediately discontinue Your use of the Services, and delete all files associated with the Services from Your computer or mobile device.

 

HOW DO YOU PROVIDE US FEEDBACK AND WHO OWNS IT?

Section 18

 

We welcome and encourage You to provide us with feedback, comments, and suggestions for improvements to the Platform or Services (“Feedback”).  You may submit Feedback by emailing us at support@mytalklet.com.  If You submit any Feedback to us, we will own all intellectual property rights in such Feedback and may use such Feedback for any lawful purpose.

 

NOTICES

Section 19

 

All notices required or permitted to be given under these Terms must be in writing. Talklet shall give any notice by email sent to the most recent email address, if any, that You have provided to Us. You agree that any notice received from Talklet electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH TALKLET IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY TALKLET OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.

 

You shall give any notice to Talklet by email to: support@mytalklet.com. Notice to Talklet shall be effective upon receipt of notice by Talklet.

 

DISPUTE RESOLUTION

Section 20

 

*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*

 

Most user concerns can be resolved quickly and to Your satisfaction by emailing Talklet support at support@mytalklet.com. In the unlikely event that our support team is unable to resolve a complaint You may have (or if Talklet has not been able to resolve a dispute it has with You after attempting to do so informally), including but not limited to any alleged breach of these Terms, You and Talklet agree to resolve the dispute through binding arbitration in the State of Illinois before a single arbitrator, in accordance with the rules and procedures of the American Arbitration Association and the laws of the State of Illinois. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that does not win the dispute.

 

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute.


This agreement to arbitrate will not preclude You or Talklet from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or Talklet from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN ILLINOIS; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.

 

Any claim or dispute arising under these Terms must be initiated for mediation and/or arbitration within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed.

 

Exceptions to Agreement to Arbitrate: Talklet may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Platform or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.

 

YOU MAY ONLY RESOLVE DISPUTES WITH TALKLET ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS OF USE.

 

Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution process described above by contacting support@mytalklet.com within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.

 

YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING-OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS OF USE.

 

If You opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You hereby submit to the exclusive jurisdiction of any state or federal court sitting in the State of Illinois within twenty-five (25) miles of Chicago, Illinois in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.

 

GENERAL CONTRACT LANGUAGE

Section 20

 

These Terms, the Privacy Policy, and any other terms incorporated herein by reference, constitute the entire and exclusive understanding and agreement between Talklet and You regarding the use of the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Talklet and You regarding use of the Platform.

 

GOVERNING LAW

These Terms shall be governed by the laws of the State of Illinois without reference to its conflict of laws provisions.

 

ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without Talklet’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. Talklet may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

NOTICES

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Talklet via email (in each case to the address that You provide); and/or (ii) by posting to the Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted.

 

GENERAL

The failure of Talklet to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Talklet. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.

 

INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (a) patent rights and utility models, (b) copyrights and database rights, (c) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (d) trade secrets, (e) mask works, and (f) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

 

As between You and Us, all right, title and interest, including all Intellectual Property Rights, in the Platform, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by Talklet or its licensors, vendors and affiliates, as applicable. All rights not expressly granted are reserved by Us. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

 

CONTACTING TALKLET

Please feel free to contact Us if You have any questions about the Terms of Use and/or any other documents referenced herein. You may contact Us at support@mytalklet.com, or at our mailing address:

 

Talklet Inc.

 

Via:

Registered Agents Inc.

2501 Chatham Rd

Suite R

Springfield, IL 62704