Terms of service.
The following are the Terms and Conditions (the “Agreement”) which govern your access and use of our online platform through which intervention services may be provided (collectively the “Platform”). This website is owned and operated by Online Interventions, LLC, a California limited liability company, doing business as Online Interventions. The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website onlineinterventions.com and any related applications.
By accessing or using the Platform, 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 not access the Platform.
When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the “Company”).
1. Terms and Conditions.
Our goal is to provide you with helpful online intervention support. However, it’s important to recognize that this service may not fully address all individual needs or be a substitute for specific mental health services.
In urgent situations, including thoughts of suicide, intentions to harm oneself or others, or any immediate danger, it is crucial to contact local emergency services and inform the appropriate authorities. Our platform is not suitable for crisis situations, and our specialists cannot offer the required support in such cases.
Please do not substitute the information or guidance received here for professional medical advice. Always seek direct care from your physician or another qualified healthcare provider for any health-related questions or concerns.
2. Privacy.
The confidentiality and integrity of your data on our Platform are of utmost priority. You can learn more about how we handle and protect your information by reviewing our Privacy Policy at [Privacy Policy URL].
Your acceptance of this Agreement and use of the Platform constitutes an agreement to our Privacy Policy as well.
This Privacy Policy is an integral part of our Agreement with you. Any amendments or updates to this Agreement will inherently apply to the Privacy Policy as well.
3. Third-Party Content.
You may encounter content, products, or services on our Platform that are supplied by entities other than us, known
as “Third Party Content”. This includes, but is not limited to, links to external sites or related advertisements. We are not involved in the creation of Third Party Content and thus cannot be held accountable for any aspects of it, including its products, practices, terms, or policies. We accept no liability for any harm or losses that may result from such Third Party Content.
4. Release.
a. To the extent allowed by law, you agree to release Company, and its employees, affiliates, agents, officers, directors, shareholders and contractors from any liability, claims, causes of action, or damages of any nature whatsoever arising out of or related to any Services provided under this Agreement, and agree not to bring any claim for acting within the scope and course of this Agreement. To the extent allowed by law, you agree to indemnify, hold harmless and defend Company, and its employees, affiliates, agents, officers, directors, shareholders and contractors from any claims, costs (including reasonable attorney’s fees), damages, causes of action or liability, including claims of personal injury, economic loss, tort liability, property damage, breach of contract, or any other claim of any sort, made by anyone which arises out of or is the result of the services provided under this Agreement.
b. You understand and acknowledge that there are risks involved in any consultation and/or intervention and with the services provided. You understand the risks and benefits of these services, have had an opportunity to ask questions and your questions have been answered to your satisfaction. Despite such risks, you wishes to voluntarily obtain and /or undergo the services offered under this Agreement by Company.
c. You understand that the release and waiver of liability set forth above covers claims which you may not know about or suspect may exist at this time. Nevertheless, you expressly waives and relinquish all rights and benefits under Section 1542 of the California Civil Code (or any comparable law), which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
d. You understand that, for purposes of this Agreement, the terms “creditor,” “his/her” and “him/her” as used in the above-quoted language refers to you and your heirs, family members, executors or administrators, and the term “debtor” refers to the Releasees named above.
5. Confidentiality.
a. Company will protect the privacy of all communications and will release information only with written authorization.
b. In the event that Company believes you are threatening serious bodily harm to yourself or another or you in danger in any way, Company will immediately report to local authorities and family. Company will assume an ethical obligation to report such conduct including if a person is a danger to themselves or others or in the event of other abuse or neglect to competent authorities.
c. To the extent any information provided for use in the treatment of the individual is determined to be Protected Health Information (PHI) under HIPAA, Company will follow all of the applicable terms and conditions of HIPAA, shall store such information only as provided for under HIPAA and shall comply with such other applicable state or federal law or regulation concerning the confidentiality and retention of patient medical information.
d. Company will also disclose information to health care professionals, treatment centers, or other potential service providers that you authorize to be part of your overall care and to the extent legally required to do so. Providing such information to other health care providers may require the your written authorization to release Confidential Information.
5. Payment.
All payments are non-refundable and reflect the mutual agreement of the parties on the fair value of the professional services.
6. Indemnification.
a. You understand that intervention outcomes are not guaranteed. It is also understood that chemical dependency and / or mental health problems can result in serious consequences, with or without intervention, including death. Company and its employees shall be indemnified and held harmless by you for any damages to any party that may arise directly or indirectly from an intervention or intervention related services. Company agrees to act in good faith in all activities that support you in accepting recommended help.
b. Company cannot be held liable for any outcomes, including if the subject of the Recovery Plan/Intervention does not agree to accept help, if the individual agrees to accept help but then refuses admission into treatment, if they leave treatment against professional advice or they complete treatment and then returns to using addictive, destructive behaviors again. Company will work with the you to select best treatment options, but cannot be held liable for any actions on the part of the treatment center or their facility or staff.
c. Because Company cannot undertake the verification of all facts supplied by you, you agree to indemnify, defend and hold Company harmless from and against all liabilities, losses, damages or expenses, including reasonable attorneys’ fees and costs, which Company may incur as a result of any claim, suit, or proceeding brought or threatened arising out of or relating to the intervention or intervention related services provided by Company under this Agreement. You further agrees to not hold Company liable or responsible in any manner for information provided to you regarding any referral to any services or products. The total aggregate liability for any claim of any kind arising as a result of or in any way relating to this Agreement or the services provided hereunder, whether based in contract, warranty or any other legal or equitable theory, shall be limited to the amounts received by Company from you.
7. Modifications of the Platform.
a. You understand that the functionality and availability of the Platform may undergo alterations, pauses, interruptions, or a cessation at our discretion, possibly with no prior notification. It is agreed and recognized that we are exempt from any liability for changes made or any consequent impact, including losses or damages, resulting from such modifications.
b. The performance of the Platform is subject to several variables, including but not limited to our software, hardware, and various tools, as well as those provided by our contractors and suppliers. Despite our efforts to ensure consistent reliability and accessibility, it is recognized that absolute reliability and uninterrupted access cannot be guaranteed. Therefore, the assurance that the Platform will always be operational, available without disruptions, or devoid of errors cannot be provided.
8. Arbitration
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor Company shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT USE THE PLATFORM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THIS AGREEMENT.
9. Survival. This Arbitration Agreement survives after the termination or expiration of the Parties’ relationship.
10. Miscellaneous Provisions.
a. This Agreement and our relationship with you shall both be interpreted solely in accordance with the laws of the State of California excluding any rules governing choice of laws.
b. 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.
c. 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 US District Court for the Northern District of California, or the state courts located in San Francisco 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 California, 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.
d. 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.
e. 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.
f. 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.
g. To clear any doubt, all clauses regarding arbitration, limitations of liabilities, and indemnification shall survive the termination or expiration of this Agreement.