Last updated: July 2, 2016

Use of the Site

Lets Talk Interactive, Inc. d/b/a  Lets Talk Counseling (“The Company”) operates the website located at www.letstalkcounseling.com .  The Company provides an online platform for counselors, therapists and life coaches to conduct virtual counseling sessions with clients in a safe, encrypted, HIPPA compliant audio/video medium. These Terms of Service (“Terms”) govern your access to and use of the Site and related services, so please read them carefully before using the Site and Services. By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.  We may revise these Terms periodically. If we do, we will post the changes here. Your continued use of the Site after any changes are posted constitutes your acceptance of the new Terms.

We Do Not Provide Medical or Mental Health Care Advice

All of the Treating Providers, Life Coaches or Faith-based Counselors  (“Providers”) who deliver Services through LetsTalkCounseling.com are independent professionals solely responsible for the services each provides to you. The Company does not practice mental health care or any other licensed profession, and does not interfere with the practice of mental health care or any other licensed profession by such Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. The information on the Site provided by LetsTalkCounseling.com does not constitute medical advice of any kind and it is not intended to be, and should not be, used to diagnose or identify treatment for a medical or mental health condition. Nothing on the Site should be construed as an attempt to offer or render a medical or mental health opinion or otherwise engage in the practice of medicine by The Company.  Neither the Company nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Provider via the Site and its Services.

Informed Consent

LetsTalkCounseling.com provides the delivery of mental health care services, life coaching and faith-based counseling using interactive audio and video technology, where the Patient and the Provider are not in the same physical location. During your audio/video consultation with a Provider, details of your medical or health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology.  By accepting these Terms of Use, you acknowledge that you understand and agree that, while you may anticipate benefits from the use of LetsTalkCounseling.com in your mental health care or other aspects of your life, no results can be guaranteed or assured.  You understand that the laws that protect the privacy and security of health information apply to The Company.  You also acknowledge that you have reviewed LetsTalkCounseling.com’s  “Notice of Privacy Practices”, which describes these protections in greater detail.

HIPAA compliance and use of e-signatures

Continually striving to provide robust security consistent with the Health Insurance Portability and Accountability Act (HIPAA),  LetsTalkCounseling.com employs five (5) core elements essential to HIPAA compliance and the use of e-signatures:

1. Legal compliance: By “accepting” these terms and conditions, you are consenting to the use of  e-signatures and understand that by clicking the “accept” button when prompted to do so, you are effectively and lawfully providing your e-signature and creating a legally binding contract.  This  is consistent with federal and state laws regarding electronic signatures, including the Federal Electronic Signatures in Global and National Commerce Act (ESIGN Act) and the Uniform Electronic Transactions Act (UETA).  Under federal law, any “electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with intent to sign the record” can be accepted as an electronic signature. 15 USC §7006(5).  
2. Message integrity: E-signed documents containing personal health information (PHI) maintain their integrity throughout their lifecycle, by virtue of digital encryption, with the legal evidence behind the e-signature being embedded directly into a document, thereby protecting the integrity of PHI in any such documents.
3. Non-repudiation: Independent e-signature technology provides undeniable legal evidence supporting the validity of each signature. The detailed digital audit trails that are integral to independent e-signatures provide immediate, transparent records of the entire signing process and avoid repudiation of the signing process.
4. User authentication: The identity authentication technology used along with independent e-signatures helps prevent unauthorized parties from accessing, viewing or otherwise compromising healthcare documents and data.
5. Ownership and control: Because the evidence behind e-signatures is embedded in the signed document itself, there is no need for information to be derived from multiple servers for the purpose of identification.  Rather, there is only one signed document, which is maintained exclusively by LetsTalkCounseling.com, thereby avoiding possible external breaches involving any PHI or identity information.  

Patient’s User Account

When you register on the Site, you are required to create an account (“Account”) by entering certain information collected by The Company (collectively “Account Information”). You agree that the Account Information that you provide to us at all times will be true, accurate, current, and complete. If you are not of legal age to form a binding contract (at least 18 years of age), then you may not register to use our Services. You may not transfer or share your Account password with anyone.  You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall The Company be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.

Right to Access and Use the Site and Services

You are granted a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your own use and only as permitted under these Terms of Use. We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language when communicating with Providers during use of the Site or Services. The Company is not responsible for any interactions with Providers that are not conducted through the Site. 

Third Party Website Links and Content

The Company, Providers or third parties may provide content, links or otherwise direct Patients to other sites and resources on the Internet. The Company has no control over such sites and resources and is not responsible for and does not endorse such sites and resources.  The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, software, or links found at any other website, internet location, or source of information, nor for your use of such information, software or links, nor for the acts or omissions of any such websites or their respective operators.  

Ownership

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for its intended purpose only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. 

Trademarks and Copyrights

Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute copyrighted material, trademarks, trade names, service marks or logos (“Marks”) of The Company or other entities. You are not authorized to use any such Marks or material without the express written permission of The Company.  Ownership of all such Marks, material and the goodwill associated therewith remains the property of The Company or those other entities.

Termination

The Company may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. After such termination, The Company will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records, if any such records exist, or Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

Disclaimer of Warranties 

You expressly agree that use of the Site or Services is at your sole risk. Both the Site and Services are provided on an “as is” and “as available” basis. The company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of information and system integration.

You acknowledge and agree that The Company does not provide medical or mental health advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patient/consumers with independent third party Providers, including licensed mental health care providers, life coaches and faith based-counselors.  You acknowledge and agree that the Providers using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all services, advice, instructions, treatment decisions, and other services performed, and that such Providers services will be provided and performed exclusively by or under their sole discretion, as they deem appropriate.

Without limiting the foregoing, The Company makes no warranty that (i) the service will be effective, will function without disruptions, delays or errors, will be reliable or accurate, or will meet your requirements, (ii) the service will be uninterrupted, timely, secure, error-free, or accessible at times or locations of your choosing, (iii) the results or information that may be obtained from the use of the service will be accurate, reliable timely, or complete, (iv) the quality of any products, services, advice, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors will be corrected.  Except as expressly set forth herein, The Company makes no warranties about the software and functions made accessible through the Site or any other security associated with the transmission of sensitive information.

Limitation of liability 

You understand that to the extent permitted under applicable law, in no event will The Company or its officers, directors, parents, subsidiaries, affiliates, employees, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or related to your use of the Site or the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.

Indemnification

You agree to indemnify, defend and hold harmless The Company, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these terms and conditions

Consent to Terms 

Your understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature.  No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Company is not responsible for the internet or data bandwidth and signal of your mobile device.

Please report any violations of these Terms of Use to arthur.cooksey@letstalkcousenling.com.