Terms of Use

AbleTo Terms of Use
Last revision: March 27, 2019

How you interact with AbleTo
AbleTo Terms of Use

Thank you for visiting the AbleTo website. Please read these Terms of Use carefully before using any of our website(s), products, services or applications (the “Services”). By accessing the Services in any manner (whether automated or otherwise), you agree to be bound by these Terms of Use and any additional terms and conditions that are referenced below or otherwise may apply to specific portions or features of the Services. These Terms of Use include the provisions in this document, as well as those in the Site Privacy Policy.

You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract. If you do not agree to these Terms of Use, you may not use the Services.

We reserve the right to change these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the site or changes made for legal reasons will be effective immediately. Your continued use of the site and the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Use.

The Site Does Not Provide Medical Advice

None of the Site content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. The content of this website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the AbleTo Services. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

Behavioral Health Services

The licensed clinical social workers who deliver Services through AbleTo are independent professionals practicing within a group of independently owned professional practice. AbleTo, Inc. does not practice clinical social work or any other licensed profession, and does not interfere with the practice of licensed clinical social worker or any other licensed profession by licensed clinicians, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither AbleTo nor any third parties who promote the Services or provide you with a link to the Services shall be liable for
any professional advice you obtain from a licensed clinical social worker via the Services. Reliance on any information provided by AbleTo, AbleTo employees, other parties who are accessible to you via the Services at the invitation of AbleTo, other users of the Services, or affiliates of AbleTo is solely at your own risk.

Privacy

AbleTo takes the privacy of its users very seriously. For the current AbleTo Site Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with personal information, please contact us at compliance@ableto.com.

Ownership of Content

We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Services. You may use the Services (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Services unless explicitly authorized in these Terms of Use or by the owner of the materials.

Site Registration and Login

To access certain features or areas of the Services, you may be required to provide personal and/or demographic information as part of a site registration or log-in process. In addition, certain features of our Services are only available to our customers, and to access those areas of the Services you will be required to log in using your username or email and password. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact
you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information. You are responsible for all activity occurring when the Services are accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

Text Messages and Electronic Communications

As part of the Services, to the extent you have provided your consent, you may receive communications through the Services, including messages that AbleTo sends you (for example, via text message) regarding information we think may be of interest to you. Please review our Site Privacy Policy for further information on our promotional communications and privacy
practices with respect to personal information that you submit through the Services. The communications between you and us via the Services uses electronic means, whether you use the Services or send us an email or text message, or whether we post notices on the Services or communicate with you via email or text message. For contractual purposes, you consent to receive communications from us in an electronic form (but this is without prejudice to your data protection rights and our obligations with respect to electronic marketing communications under the AbleTo Site Privacy Policy), and you agree that all terms and
conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Changes to the Services

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), any portion of the Services. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, the Services, or to any features or portions of the Services, and to remove and discard any content or materials you have submitted to the Services, where applicable, at any time and for any reason, including for any violation by you of these Terms of Use. In the event that we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Linking Policies

The Services may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such  sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and Site Privacy Policy that govern that particular linked site.

Payments and Billing

Your use of the Services may be subject to payments now or in the future, depending on the type of account you register with AbleTo. You agree to pay all applicable fees associated with your use of the Service.

If your AbleTo account is sponsored by your employer or another entity (such as an insurance provider or benefits company) (a “Sponsor”), your use of the Services may be free or subject to a discount, but we reserve the right to charge our standard pricing for certain or all Services in the future. If your relationship with your Sponsor terminates or if our arrangement with your Sponsor terminates or expires, you must pay all applicable fees in accordance AbleTo’s then current standard pricing in order to continue using the Services.

Jurisdictional Issues

We control and operate the Services from our facilities in the United States of America, and unless otherwise specified, the materials displayed on the Services are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on the Services are appropriate or available for use in other locations. If you choose to access the Services from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Applicable Law; No Waiver; Severability

These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by
a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.

Binding Individual Arbitration

Purpose. The term “Dispute” means any dispute, claim, or controversy between you and us or any of our affiliates regarding the Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or
scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with us or any affiliate of ours or any of our or their officers, directors, employees or agents that cannot be resolved through negotiation, you and the entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

Notice of Dispute. IF YOU HAVE A DISPUTE WITH US OR ANY OF OUR AFFILIATES, YOU MUST SEND WRITTEN NOTICE TO ABLETO, INC, 320 W. 37TH ST, 11TH FLOOR, NEW YORK, NEW YORK 10018 TO GIVE US OR OUR AFFILIATE YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE.

INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If we, or our affiliate you have a Dispute with, does not resolve your Dispute within 60 days from receipt of notice of e Dispute, you, us or our affiliate you have a Dispute with may pursue your claim in arbitration
pursuant to the terms in this Section.

Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in New York, New York under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in New York, New York, for any action related to these Terms of Use.

Severability. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute
will be decided by a court and you and the entity you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.

Continuation. This Section shall survive any termination of these Terms of Use or the provision of the associated services to you.

Governing Jurisdiction
ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN,
RESPECTIVELY, NEW YORK COUNTY, NEW YORK, OR THE SOUTHERN DISTRICT OF NEW YORK . EACH PARTY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THESE COURTS AND AGREES NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS OF USE IN ANY OTHER COURT OR FORUM. EACH PARTY WAIVES ANY OBJECTION TO THE LAYING OF THE VENUE OF ANY LEGAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS OF USE IN THE FEDERAL OR STATE COURTS
SITTING IN NEW YORK COUNTY, CALIFORNIA, AND AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY, TERMS OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR
DISTRIBUTION OF THE SERVICES, AND ANY OF THEIR EMPLOYEES AND AGENTS.

Limitations of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ABLETO OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, 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.

Copyright Infringement Notices

We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing. If you believe in good faith that materials appearing on the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked as provided under the Digital Millennium Copyright Act of
1998 (the “DMCA”). In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counternotice.

Notices and counter-notices must meet statutory requirements imposed by the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to AbleTo, Inc., 320 W. 37th Street, 11th Floor, New York, NY 10018.

Other

These Terms of Use, together with any additional terms and conditions that are referenced herein or otherwise may apply to specific features or portions of the Services, constitutes the entire agreement between us and you with respect to the Services. This agreement is personal to you and you may not assign it or any of your rights under it to anyone (by operation of law or
otherwise) without AbleTo’s prior written consent. We may transfer, assign, or delegate these Terms of Use and our rights and obligations without consent.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Except as expressly set forth in the section above regarding the Apple Application, these Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SERVICES, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

AbleTo is the brand name used for products and services provided by one or more professional services entities, including AbleTo Behavioral Health Services, P.C., that is managed by or affiliated with AbleTo Inc., a management company.

Please report any violations of these Terms of Use to compliance@ableto.com.