META TERMS OF USE

META CP LLC  and its authorized agents and participating Mental Wellness Providers (collectively, “META,” “we,” or “us”), require that all visitors, users, and others who access or use the websites www.meta.app  or other websites controlled by META (“Websites”) or our mobile application (“Application”), both controlled by META (collectively, the “Platform”) and receive  services available to users through the Platform (“Services”) adhere to the following terms and conditions of use (“Terms”).

By accessing and using the Platform, you accept and agree, on your own behalf and on behalf of any company, organization, institution or other legal entity that you represent or for which you access the Platform (“Company”, “Organization”, “Institution”, or “you”), to be bound by and comply with these Terms and to comply with all applicable laws and regulations. Please read these Terms carefully before accessing the PLATFORM.  If you do not agree to these Terms, you are not authorized to access or use the Platform.

This Agreement contains a mandatory arbitration provision that, as further set forth in Section 21 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind. Your compliance with these Terms is a condition to your use of the PLATFORM. If you do not agree to be bound by the Terms of Use, promptly exit thE PLATFORM.

1. WHO WE ARE

META CP LLC  (collectively, “META”, “we”, or “us”) provides a Platform that enables users to identify, engage with and receive mental wellness services from Mental Wellness Providers.  META is NOT a healthcare provider NOR a legal service, but rather has entered into an agreement with each participating Mental Wellness Provider to provide certain services.

Mental Wellness Providers are independent licensed, accredited, or certified mental wellness professionals or practices, which may include psychiatrist, psychologist, professional counselor, marriage therapist, social worker therapist, or other such professionals as determined by META.  Each participating Mental Wellness Provider has entered into a contractual arrangement with META to receive certain services, including being listed as a provider on the Platform and being granted access to the Platform to provide telehealth mental wellness services to patients.

2. NO MEDICAL EMERGENCIES

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

3. MENTAL WELLNESS PROVIDERS AND SERVICES

META does not provide mental wellness or any other healthcare services.   All of the Mental Wellness Providers are independent of META and use the Platform as a way to communicate with you. Any information or advice received from a Mental Wellness Provider comes from the provider alone, and not from META. Your interactions with the Mental Wellness Providers via the Platform are not intended to take the place of your relationship with your regular health care practitioners. Neither META, nor any of its subsidiaries or affiliates or any third party who may promote the Platform or provide a link to the Platform, shall be liable for any professional advice obtained from a Mental Wellness Provider via the Platform or for any other information obtained on the Platform.

4. SERVICE DISCLAIMERS

META does not endorse any specific tests, healthcare provider, medications, products or procedures that are recommended by Mental Wellness Providers that may use META to communicate with you. You acknowledge that your reliance on any Mental Wellness Providers or information provided by the Mental Wellness Providers or via the Platform or Services is solely at your own risk and you assume full responsibility for all risk associated herewith.

META does not make any representations or warranties about the training or skill of any Mental Wellness Providers who provide services via the Platform or Services.  Any ratings, comments, or testimonials appearing on the Platform about a specific Mental Wellness Provider were generated from user responses or data only, and do not reflect or represent any endorsement or recommendation by META.

You will be provided with a list of Mental Wellness Providers participating with META who are available to provide professional services where you are located.  META does not make any representations or warranties about the training or skill of any Mental Wellness Providers who provide services via the Platform. While META does reasonably vet the Mental Wellness appearing on the Platform, since the information received by META is provided by the Mental Wellness Provider, META cannot legally guarantee the accuracy or truthfulness of the verification of degrees, qualifications, licensure, certification, credentials, competence, or background of any Mental Wellness Provider.  You are ultimately responsible for choosing your particular Mental Wellness Provider.

5. CHANGES TO THESE TERMS AND THE PLATFORM

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms at any time. All such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting such changes or other notice on the Platform. You should check these Terms each time you access the Platform to stay informed of changes that may affect you. Your continued use of the Platform following the posting of changes means that you understand, accept and agree to the changes.

6. PRIVACY POLICY AND NOTICE OF PRIVACY PRACTICES

Information that you provide to us or that we collect about you and your Company / Organization / Institution through your access to and use of the Platform is subject to our Privacy Policy, any medical information collected about you will be governed by our Notice of Privacy Practices and the Mental Wellness Providers Notice of Privacy Practices (“Provider’s NPP”). We encourage you to read and become familiar with our Privacy Policy and our Notice of Privacy Practices and each Provider’s NPP.

7. INTELLECTUAL PROPERTY

You understand and agree that we own, control, or (where applicable) license from third parties, all right, title, and interest in and to the Platform and any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Platform (all such materials, and any compilation, collection, or arrangement thereof, collectively, the “Content”). You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Platform or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of META or its licensors and content providers.

If you believe that any content available on the Platform has been or is being used in a way that constitutes copyright infringement, please contact us.

8. AUTHORIZATION TO ACCESS AND USE

You may access and use the Platform only for your personal use (or, if accessing the Platform on behalf of your Company, Organization or Institution, only for its own internal use). Any other access to or use of the Platform or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that the Platform or the Content is appropriate or available for use in locations other than the United States. If you choose to access the Platform from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws and regulations.

You may not access, use, or copy any portion of the Platform or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, automated devices or mechanisms, or any similar or equivalent manual process to monitor or copy any portion of the Platform or any Content or for any other purpose not authorized by us. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Platform or the Content or any access to or use of the Platform or the Content.

9. INTERNATIONAL USE.

The META Platform is designed for and intended for users in the United States.  META makes no representation that the information transmitted and services provided on the META Platform are legal for, applicable to, appropriate for, or available to users in locations outside the United States, specifically but not limited to the any laws addressing information privacy or security. Accessing the Platform or Services from territories where the Content is illegal is prohibited. If you elect to access the Platform from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

10. RESTRICTIONS ON ACCESS

You represent and agree that all information that you provide to us in connection with your access to and use of the Platform is true, accurate, and complete to the best of your knowledge and belief. META reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; (b) any illegal, unauthorized, or otherwise inappropriate use of the Platform, as determined in the sole discretion of META; or (c) the breach of any agreement between you and META, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.

Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Platform. You may not access the Platform after your access is terminated without our written approval. After terminating your access, META will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of the Content will remain in full force.

11. USER CONDUCT

In connection with your access and use of the Platform, and that of any person authorized by you to access and use the Platform, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local laws and rules regarding online conduct. Specifically, in connection with your use of the Platform, neither you nor your Company/Organization/Institution may cause or permit any person to do any of the following:

• Use the Platform or Content for any unlawful purpose;
• Use the Platform to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
• Impose an unreasonably or disproportionately large load on the Platform or otherwise interfere with or inhibit any other visitor, user or person accessing the Platform from using or enjoying the Platform;
• Use the Platform to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable material of any kind;
• Use the Platform to post or transmit any material which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and
• Use the Platform to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.

12. FEEDBACK

By disclosing or offering any feedback or suggestions to us, including comments, computer files, documents, graphics, suggestions, ideas, or other information related to the Platform, services provided via the Platform, or otherwise related to META (“Feedback”), either through your use of the Platform or otherwise, you authorize META to make such copies thereof as we deem necessary, including to facilitate the posting and storage of Feedback on the Platform. By providing Feedback, you automatically grant, and you represent and warrant that you have the right to grant to META an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Feedback for any purpose, commercial, advertising, or otherwise, on or in connection with the Platform or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Feedback, and to grant and authorize sublicenses of the foregoing.

By providing Feedback, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Feedback. You are fully responsible for any Feedback you make and for the legality, reliability, appropriateness, and originality thereof.

13. SECURITY

META cannot and does not guarantee that the transmission of your information to and from the Platform is or will be totally secure. You are responsible for maintaining the confidentiality of your information, including any username and any password used in connection with your use of the Platform. META will not be liable for any loss or damage arising from the unauthorized use of your username or password.

META offers the option to our consumers to engage in conversations about our services. Message frequency varies. Message and data rates may apply. Text HELP to 844-317-8335 for help. Reply STOP to stop. Carriers are not liable for any delays or undelivered messages. Account notifications and alerts for META are found at https://providers.meta.app

14. HYPERLINKS

The Platform may include hyperlinks to other websites which are not maintained by META. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by META of those websites or any services referred to therein. The terms of use and privacy policies applicable to external websites may be different from those applicable to the Platform. If you decide to access any external websites through a link within the Platform, you do so entirely at your own risk, and META will have no liability for any loss or damage arising from your access or use of any external websites. Since META is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Platform are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked website is authorized to use any of our trademarks, trade names, logos, or copyrights.

Images of the META logo can only be used for linking purposes and can only be made with our express written permission. By linking to the Platform, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Platform may be used in a manner that implies or suggests that META approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

We reserve the right, at any time and in our sole discretion, to request that you remove from your website and/or mobile application(s) all hyperlinks or any particular hyperlink to the Platform. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the META logo and your right to link to any pages on the Platform. Upon our request, you agree to immediately remove all hyperlinks to the Platform and to cease using the META logo for linking purposes. If at any point we request you to remove all hyperlinks to the Platform and/or to stop using the META logo, your posting of any future hyperlinks to the Platform will require our express written permission.

15. USE OF TRADEMARKS

Except for the limited permission to use the META logo as set forth in these Terms, you may not, without our express written permission, use any of META’s trademarks or service marks for any other purpose.

16. DISCLAIMER

The use of the PLATFORM by you and your Company/ORGANIZATION/INSTITUTION is at your and its sole risk. ACCORDINGLY, THE PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, META, its affiliates, mental wellness providers, LEGAL SERVICE PROVIDERS, advisors, contractors, content-providers, officers, directors, employees, agents and other similar entities, representatives and agents of each of the foregoing, (each, a “META party”, and collectively, the “META parties”) DO NOT WARRANT THAT: (a) THE USE OF THE PLATFORM OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THE PLATFORM OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION OR SERVICE PROVIDED THROUGH THE PLATFORM OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE PLATFORM OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE PLATFORM AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

17. LIMITATION OF LIABILITY

As partial consideration for your access to the Platform and use of the Content, you agree that in no event will any META Party be liable to you, your Company/Organization/Institution or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Platform or the Content; (b) a META Party’s performance of or failure to perform its obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other visitors, users or persons accessing the Platform or of third parties; or (d) your purchase or use of any services provided by third parties.

Under no circumstances will a META Party be liable to you, your Company/Organization/Institution, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms, the provision of services through the Platform, or the use of the Platform or the Content, or the transmission of information to or from the Platform over the Internet, even if such party was advised, knew, or should have known of the possibility of such damages or costs. In jurisdictions that do not allow the exclusion or limitation of liability for certain damages, the liability of the META Parties will be limited in accordance with these Terms to the extent permitted by law.

Without limiting any of the foregoing, if a META Party is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Platform, or your use of the Platform, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.

18. INDEMNIFICATION

You agree to defend and indemnify META, and our officers, directors, employees, representatives, affiliates, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Platform; (b) your access to and use of the Content, the Platform, and other materials and services available on or through the Platform and META; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) any unauthorized use of a username, password, or account number; and (f) any illegal, unauthorized, or otherwise inappropriate use of the Platform, as determined in the sole discretion of META. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

19. JURISDICTION

These Terms will be construed and enforced in accordance with the laws of the State of Illinois, without regard to any choice or conflict of law provision or rule. Each of you and your Company/Organization/Institution submits to personal jurisdiction in Illinois, and any cause of action arising under these Terms or otherwise involving the Platform will be brought exclusively in a court in City of Chicago, Illinois.

20. WAIVER OF JURY TRIAL

YOU AND YOUR COMPANY/Organization/Institution HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.

21. BINDING ARBITRATION.

The terms of this Agreement, and any claim or dispute relating to or arising under this Agreement or in connection with your use of the Platform (each a “Dispute”), are governed by and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the State of Illinois, U.S.A., without regard to its principles of conflicts of law, or any rules of private international law, that would lead to the applicable of any other laws. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered on an individual basis (i.e., not as a class arbitration or class action) by the American Arbitration Association (“AAA”). If you are an individual access or using the Service in your individual capacity, the arbitration will be conducted pursuant to AAA’s Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://adr.org/sites/default/files/Consumer%20Rules.pdf. If you are an organization or an individual accessing or using the Platform on behalf of, or for the benefit of, an organization, the arbitration will be conducted pursuant to AAA’s Commercial Arbitration Rules, as amended by this Agreement. The Commercial Arbitration Rules are available online at https://adr.org/sites/default/files/Commercial%20Rules.pdf.

If you are an individual accessing or using the Platform in your individual capacity, (a) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate, (b) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (c) if the parties are unable to agree on a location, such determination should be made by the American Arbitration Association or by the arbitrator. If you are an organization or an individual accessing or using the Platform on behalf of, or for the benefit of, an organization, the arbitrator will conduct hearings, if any, in-person in the County of Cook in the State of Illinois, U.S.A.

The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. You agree that the federal and state courts located in the County of Cook in the State of Illinois, U.S.A., will have such jurisdiction, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

This Agreement will not be governed by the U.N. Convention on Contracts for the International Sale of Goods. 

22. MISCELLANEOUS

These Terms (as may be revised and amended from time to time according to its terms) constitute the entire agreement with respect to your access to and use of the Platform and the Content.

Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to the Platform.

These Terms do not confer any rights, remedies, or benefits upon any person other than you.

We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

Possible evidence of use of the Platform for illegal purposes will be provided to law enforcement authorities.

Discontinuation of use of the Platform is your sole right and remedy for any dissatisfaction with the Platform or any of the Content.

23. OTHER AGREEMENTS

If you have entered into a separate agreement with META or agreements with a Mental Wellness Provider or Legal Service Provider with respect to your use of the Platform, Services, or any Content that agreement will supersede these Terms to the extent they are in conflict.

24. CONTACT US

Please contact us with any questions regarding the Platform or these Terms at:

META CP LLC

1100 W Lake Cook Rd., Suite 110

Buffalo Grove, IL 60089

Phone: 833-844-meta (6382)

Email: support@meta.app

 

Copyright ©2023 META CP LLC

Last Updated: December 19, 2023