Terms and Conditions
The following are the Terms and Conditions (the "Terms") which govern your access and use of our online platform. This website is owned and operated by Accessible Mental Health, LLC (the “Company”). The Company provides a corporate wellness technology platform with a mental health focus, where employers can provide their employees on-demand 24/7 access to a library of mental health videos that help people inform and educate themselves on different mental health topics. Our services are contracted by businesses that wish to make the material produced by the Company available to their employees. By accessing or using our services, you are entering into these Terms as a User. You should read these Terms carefully before starting to use the services here provided. If you do not agree to be bound to any term of these Terms, you must not access and use our services.
The following words will have the following definitions in these Terms: “Company” as defined in Section 1. “Licensed Clinical Psychologist” is a licensed professional in the field of psychology hired by the Company to develop the Psycho-Informational Videos. “Psycho-Informational Videos” are the videos of an educational nature on psychology and personal help that the Company produces and makes available to Users. “Employer” is the business that contracts the services of the Company to make Psycho-Informational Videos available to Users. “Platform” is the website and any other means used by the Company through which the User has access to the Psycho-Informational Videos. “Terms” these terms and conditions as specified in Section 1. “User” is the employee/contractor of the Employer who will use the services of the Platform and view the Psycho-Informational Videos. “we”, “us” and “our” mean and refer to the Company. “you” and “your” mean and refer to the User.
3. The Psycho-Informational Videos
The Platform is used to give you access to Psycho-Informational Videos on different mental health topics created by Licensed Clinical Psychologists, which the Employer has made available to you through contracting the services of the Platform. We require every Licensed Clinical Psychologist providing Psycho-Informational Videos on the Platform to be an accredited, licensed, trained, and experienced professional with the applicable certifications. You understand, agree and acknowledge that the Psycho-Informational Videos may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face examination and/or care in every particular situation. Seek immediate in-person assistance if you are thinking on committing suicide, our Licensed Clinical Psychologists cannot be reached and they cannot provide the assistance required in any case. You also acknowledge that the Psycho-Informational Videos are only a supplemental aid to any psychological issue you are facing and should not be considered a substitute for direct psychological or psychiatric attention at any time. The Platform 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. It is also not intended for any information regarding drugs or medical treatment.
4. Privacy and Security
5. Disclaimer of Warranty and Limitation of Liability
YOU HEREBY RELEASE US AND YOUR EMPLOYER AND AGREE TO HOLD US AND YOUR EMPLOYER HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE PSYCHO-INFORMATIONAL VIDEOS OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY PSYCHO-INFORMATIONAL 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 OR THE EMPLOYER SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT WE, NOR THE EMPLOYER WILL BE LIABLE FOR DAMAGES ARISING WITH RESPECT TO THESE TERMS. YOU USE THE SERVICES PROVIDED UNDER THESE TERMS AND REVIEW THE PSYCHO-INFORMATIONAL VIDEOS AT YOUR OWN RISK. This section shall survive the termination or expiration of these Terms.
6. Your Use of The Platform
You hereby confirm that you are legally able to consent to review the Psycho-Informational Videos. 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 these Terms 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 solely and fully liable and responsible for all activities performed using the Platform.
7. Governing Law and Dispute Resolution
These Terms shall be construed under the substantive laws of the State of Florida, irrespective of the conflicts of law principals of any other jurisdiction. You agree that all claims and disputes arising under or relating to these Terms are to be exclusively settled by binding arbitration in the county of Miami-Dade in the state of Florida or another location designated by the Company. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The Company reserves the right to confirm any award of arbitration in a court of competent jurisdiction. YOU HEREBY WAIVE TRIAL BY JURY AND YOU HEREBY WAIVE THE RIGHT TO INTERPOSE ANY COUNTERCLAIM OR OFFSET OF ANY NATURE OR DESCRIPTION IN ANY LITIGATION RELATING TO these Terms OR ANY LIABILITY HEREUNDER, OR ENFORCEMENT OF REMEDIES HEREUNDER.
8. Entire Agreement, Changes and Assignment
These Terms constitute 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 these Terms. We may change these Terms 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 these Terms frequently. 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 these Terms or any of its obligations hereunder.
9. Headings and Severability
The paragraph headings in these Terms are solely for the sake of convenience and will not be applied in the interpretation of these Terms. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.
10. Force Majeure
The Company is not liable for any failure to its duties due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, epidemic or pandemic event, e.g. COVID-19, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
11. Intellectual Property
In accordance with these Terms, the Company creates intellectual property with the Psycho-Informational Videos, which includes, but not limited to, plans, drawings, specifications, reports, advice, analyses, designs, methodologies, code, artwork, or any other intellectual property as required to render the provision of the services under these Terms. Any intellectual property belonging to the Company, provided or shown to you in any way, that was or was not created by the Company, shall belong to the Company.
12. No Waiver
No waiver of or failure to act upon any of the provisions of these Terms or any right or remedy arising under these Terms shall be deemed or shall constitute a waiver of any other provisions, rights or remedies (whether similar or dissimilar).