Terms and Conditions

Last updated on July 1, 2023.

  • Terms and Conditions

Welcome to 2gether Forward, an online mental health counseling platform (“Platform”), connecting clients with licensed therapists who can provide counseling and other therapeutic services (the “Therapist Services”), on the Platform made available by 2gether Forward, Corp., (the “Company”, “Our”, “We”, or “Us”) having an address at P.O. Box 346, Lincolndale, New York 10540. The terms and conditions (the “Terms”) that govern Your (the “Client”, “You”, or “Your”) use of Our online Platform are outlined below. Multiple websites or applications, whether owned and/or operated by Us or by third parties, including the website www.2getherforward.com (“Site”) and its associated apps, if any, may be used to provide or access the Platform.

By accessing or using the Platform, and clicking the applicable checkbox, You are agreeing to abide by and be bound by these Terms in all respects. Before using the Platform, You should carefully and thoroughly read these Terms because they create a binding agreement between You and the Company. You may not access the Platform if You do not agree to be bound by any, or all, of these Terms. Once accepted, these Terms become binding legal obligations, covenants, warranties, conditions, and responsibilities between You and the Company. This document incorporates the terms of the privacy policy (“Privacy Policy”), including all future amendments or modifications thereto (collectively, the “Agreement”).

The terms “We”, “Us”, or “Our” used in these Terms, refer to any company that owns and operates the Platform, and our officers, shareholders, agents, affiliates, successors, and assigns, (otherwise, the "Company"). The terms “You”, “Your,” and “Yourself” refer to the individual user of our Platform (otherwise, the “User”).

Subject to the terms and provisions set forth in the Agreement, the Company grants You a limited, non-exclusive, revocable, non-transferable and non-sublicensable license solely in connection with Your permitted use of and access to the Platform as hereinafter described, and solely for Your own personal and non-commercial purposes.  The Company reserves the right to revoke, terminate, or otherwise suspend this license at any time and for any reason.

  • Therapists and Therapist Services

The Platform may be used to connect You with a therapist (hereinafter, the “Therapist” or “Therapists”) who will provide services to You through the Platform (“Therapist Services”).  This is the only approved and permitted use of the Platform.

Every Therapist providing Therapist Services on the Platform has represented themselves to be an accredited, trained, and experienced licensed psychologist (PhD / PsyD), licensed marriage and family therapist (LMFT), licensed clinical social worker (LCSW), licensed professional counselor (LPC), or similar applicable recognized professional certification based on their state, location, and/or jurisdiction. Therapists must have an applicable academic degree in their field. In addition to satisfying Our practicing, licensing, and eligibility credentials, prior to providing Therapist Services, Therapists are required to have satisfied the licensing and practicing requirements of their respective state licensing boards (or other comparable entity) and must be qualified and certified by their respective professional board after successfully completing the necessary education, examinations, training and practice requirements, all as legally required.

The Therapists are independent contractors who do not serve as Our representatives, agents, or employees. The Platform’s function is to facilitate the Therapist Services. The Therapy Services themselves are solely the responsibility of the Therapists. You may switch to another Therapist who offers services through the Platform if You believe the Therapist Services supplied by the Therapist do not meet Your needs or expectations. Although We have a network of therapists contracted, You should be aware that not all of them will be available for You to match with, at any one moment, or for any predetermined amount of time based on the availability of the Therapists and the licensing regulations that vary by jurisdiction. If Your current Therapist discontinues their relationship with the Company, We will notify You by email to inform You that Your Therapist is no longer utilizing the Platform and that You have the opportunity to match with a new Therapist.

  • Services Not Provided

Despite Our best efforts to make the Therapist Services useful to You, You understand, agree, and acknowledge that they might not be the best option for everyone’s needs, that they might not be appropriate in every specific circumstance, and/or that they might not be a perfect replacement for a face-to-face examination and/or care in every specific circumstance.

IMMEDIATELY CALL YOUR LOCAL EMERGENCY SERVICES NUMBER AND NOTIFY THE APPROPRIATE AUTHORITIES IF YOU ARE CONSIDERING SUICIDE, HARMING YOURSELF OR OTHERS, FEEL THAT ANYONE ELSE MAY BE IN ANY DANGER, OR HAVE ANY OTHER MEDICAL EMERGENCY.  THE PLATFORM WAS NOT MADE TO BE USED IN ANY OF THE AFOREMENTIONED SITUATIONS, AND THERAPISTS ARE UNABLE TO PROVIDE THE NECESSARY ASSISTANCE IN ANY OF THE AFOREMENTIONED SITUATIONS.

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 FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED THERAPY OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.

DO NOT DISREGARD, AVOID, OR DELAY RECEIVING IN-PERSON CARE FROM YOUR DOCTOR OR ANOTHER QUALIFIED PROFESSIONAL REGARDLESS OF THE ADVICE OR INFORMATION GIVEN TO YOU BY THIS PLATFORM AND ITS THERAPIST SERVICES. THE PLATFORM IS NOT DESIGNED OR INTENDED TO PROVIDE DIAGNOSIS AND DIAGNOSE, TREAT, PREVENT, OR CURE ANY DISEASE OR ILLNESS.  PRESCRIPTION DRUGS SHALL NOT BE PRESCRIBED OR DISTRIBUTED AS PART OF THE USE OF THE PLATFORM, WHATSOEVER.

  • Payment

You confirm and agree to use only payment means such as credit cards, debit cards, or PayPal (collectively “Methods of Payment”), through third-party payment processing companies with which we may engage, which You are duly and fully authorized to use, and that all payment related information provided is accurate and current, and that all future Methods of Payment will be updated accordingly. The privacy policies of third-party payment processing companies are herein incorporated by reference. In the event of a conflict between this Agreement, and/or Our Privacy Policy and the policies of third-parties, this Agreement controls.

You agree to pay all fees and charges associated with Your Account on a timely basis and according to the fee schedule(s) effective at the time You sign up to use Our Platform (hereinafter, the “Fee Schedule”), and the terms and rates as published in the Platform. By providing Us with Your Method of Payment You authorize Us to bill and charge You through that Method of Payment and You agree to maintain valid and current payment information on Your personalized User account and portal.

  • Subscription

We may offer multiple subscription options that You may choose from to fit Your needs. Billing will occur on a monthly basis. All subscriptions will continue and automatically renew until You cancel the membership. You acknowledge that access and use of the Platform has a recurring payment, and You accept responsibility for all recurring charges prior to cancellation of Your membership.

You can cancel Your subscription at any time for any reason. Your membership must be canceled before it renews in order to avoid being billed for the next billing cycle.

We reserve the right to change Our subscription model or adjust prices for use of and access to Our Platform. Any changes to Your membership services will only take effect following proper notice to You.

You understand, represent, and warrant that the subscription is a binding contract between You and the Company that will impose obligations on You, including payment obligations.  You agree to be bound by the terms of the subscription and these Terms.

  • Account Use and Access

You hereby confirm that You are legally able to consent to receive Therapist Services, or have the consent of a parent or guardian, and are legally able to enter into a contract.

Minor Consent: Where consent from a parent or guardian is required to receive Therapist Services and access and use the Platform, You hereby confirm that as the consenting parent or guardian, You have the sole right to consent to Therapist Services and access to and use of the Platform for the minor seeking therapy and are not legally mandated to confer with or get consent from any other legal guardian before consenting. You also give affirmative consent to the provisions set forth in the accompanying Privacy Policy regarding the collection, processing, and use of personal information on behalf of the minor. You also agree that consent to Therapist Services and access to and use of the Platform remains valid until membership is canceled.

You hereby confirm and agree that all the information that You provide is true, accurate, current, and complete information about Yourself and the Methods of Payment You selected.  Furthermore, You must maintain, and promptly update such information each time You log on, to keep it true, accurate, current, and complete.

If You provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company reserves the right to take steps as appropriate to rectify such situations, including, but not limited to, suspension or termination of Your account.

You agree to notify Us immediately of any unauthorized use of Your account or any other concern for breach of Your account security.

You agree, confirm and acknowledge that We will not be liable for any loss or damage that incurred as a result of someone else using Your account, either with or without Your consent and/or knowledge.

You agree, confirm and acknowledge that You are solely and fully liable and responsible for all activities performed using Your account. You further acknowledge and agree that We will hold You liable and responsible for any damage or loss incurred as a result of the use of Your account by any person whether authorized by You or not, and You agree to indemnify Us for any such damage or loss.

You agree and consent to not use and/or access the account of any other person for any reason.

You agree and confirm that Your use of the Platform, including the Therapist Services, are for Your own personal use only and that You are not using the Platform or the Therapist Services for or on behalf of any other person or organization.

You agree and consent to not interfere with or disrupt, or attempt to interfere with or disrupt, any of Our systems, Platform, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.

You agree and consent to not make any use of the Platform for the posting, sending or delivering of either of the following: a message or information under a false name; information that is unlawful, libelous, defamatory, abusive, vulgar, obscene, racist, fraudulent, predatory of minors, harassing, threatening or hateful to any person; unsolicited email and/or advertisement or promotion of goods and services; any content that may cause damage to a third party; any content which may constitute, cause, or encourage a criminal action or violate any applicable law; and information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others.

You agree and consent to not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to Your use of the Platform and Your relationship with the Therapists and Us.

If You receive any file from Us or from a Therapist, whether through the Platform or not, You agree to diligently check and scan this file for any virus or malicious software prior to opening or using this file. You understand and acknowledge that Company shall not be liable for any damages caused by virtue of or in connection with any virus or malicious software and hereby release Company from all causes of action and claims of any nature resulting from or arising in connection thereto.

  • Privacy and Security

Safeguarding the information You provide through the Platform is a high priority. Additional information about Our security and privacy practices can be found on Our Privacy Policy available on the Site (the “Privacy Policy”).

By agreeing to Our Terms and subscribing to our Platform You agree and consent to these Terms and the terms of the Privacy Policy and You acknowledge that We handle the information You provide Us in accordance with said Privacy Policy.

  • Third Party Content

The services may expose You to content, websites, products and services created or provided by parties other than the Company (“Third-Party Content”). The Company does not review, endorse or assume any responsibility for Third-Party Content and shall have no liability to You for access to or use of Third-Party Content. You access or use Third-Party Content at Your own risk and discretion, and You understand that these Terms and Privacy Policy do not apply to that Third-Party Content.

  • Disclaimer of Warranty and Limitation of Liability

To the maximum extent permitted by law, You hereby release Us and agree to hold Us harmless from any and all causes of action and claims of any nature resulting from or arising in connection with the Therapist Services or the Platform, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and/or service of any Therapist and/or any other content or information accessible through the Platform.

You understand, agree and acknowledge that the Platform, services, and API, are provided “as is”, and “as available” 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, conditions, or duties. 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 shall not be liable to You or to any third party for any indirect, incidental, consequential, special, punitive or exemplary damages for any reason, whatsoever.

You understand, agree and acknowledge that Our aggregate liability for damages arising with respect to these terms and any and all use of the platform will not exceed the total amount of money paid by You or on Your behalf through the Platform in the 12-month period prior to the date of the claim.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to You.

This section shall survive the termination or expiration of these Terms.

  • Indemnification

Subject to the Terms, as set forth herein, You agree to indemnify, hold harmless, and defend the Company, and its managers, officers, directors, employees, agents, affiliates, successors, and permitted assigns against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorneys' fees, arising out of or in any way connected to the following: Your access to or use of the Platform; any actions made with Your account or Account Access whether by You or by someone else; Your violation of any of the provisions of these Terms; non-payment for access to and use of the Platform (including Therapist Services) which were provided through the Platform; Your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right. This section shall survive expiration or termination of Your subscription and/or the Terms.

  • Modifications, Termination, Interruption and Disruptions to the Platform

You understand, agree and acknowledge that We may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform, whether to all clients or to You specifically, at any time with or without notice to You. You agree and acknowledge that We will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

The Platform is dependent on a variety of technological factors. You acknowledge and agree that while We make reasonable and necessary efforts to ensure the Platform's dependability, We cannot guarantee that access will be uninterrupted or that the Platform will always be accessible, consistent, timely, or error-free.

  • Export Controls and Sanctions 

The Company’s Platform may be subject to US export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the US Department of Commerce, trade and economic sanctions maintained by the US Treasury Department's Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the US Department of State. You warrant that You are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any US government list of prohibited or restricted parties.

You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, You agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from the Company under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.

  1. Third-Party API 

By using the Platform, You agree that We may use a third-party application programming interface company (“API”) with which the Company’s server will interact and communicate. The services provided by the API are incorporated without limitation in the Platform. By utilizing and accessing the Platform, You consent and agree to be bound by, to the extent applicable, the API provider’s terms and conditions of service to the extent the same are not in conflict with this Agreement.

  • Proprietary Rights and License

The Company, its affiliates, and licensors, if any, exclusively own all right, title and interest in and to the Platform, including all associated intellectual property rights (hereinafter, the “Brand Features”). You acknowledge that the Platform and Brand Features are protected by the laws of the United States and any applicable jurisdictions. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notice, notice which demonstrates the Company’s ownership of proprietary information, incorporated in or accompanying the Platform. Neither these Terms nor Your use of the Platform transfers any right, title or interest in the Platform, or intellectual property rights to You, and the Company and its third-party licensors, if any, retain all respective rights, title, and interest to the Platform and the Brand Features.

  • Notices

We may send You notices or other communications regarding these Terms or the Platform in any way We choose, including via physical mail, e-mail, or online posting. Notices sent to us must be delivered by email to [email protected].

  • Governing Law and Venue

These Terms are governed by and construed in accordance with and enforced under the laws of the State of New York, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York.

Any legal suit, action, or proceeding arising out of or based upon/relating to these Terms, or the transactions contemplated hereby or thereby may be instituted in any United States federal court or state court located in the state of New York in the City of New York and County of New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. You irrevocably and unconditionally waive any objection to the laying of venue of any suit, action, or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum. In the event You commence an action against the Company and the Company is the prevailing party, You hereby agree and consent to pay the Company’s reasonable attorneys’ fees, resulting from defense of that action.

  • Binding Arbitration 

You and the Company agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, You will also have the right to litigate any other Dispute if You provide the Company with written notice of Your desire to do so by email at [[email protected]] within thirty (30) days following the date You first accept these Terms (such notice, an “Arbitration Opt-out Notice”) and the Company agrees. If You do not provide the Company with an Arbitration Opt-out Notice within the thirty (30) day period, You will be deemed to have knowingly and intentionally waived Your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if You timely provide the Company with an Arbitration Opt-out Notice, will be the state and federal courts located in the state of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless You timely provide the Company with an Arbitration Opt-out Notice, You acknowledge and agree that You and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Binding Arbitration” section will be deemed void. Except as provided in the preceding sentence, this “Binding Arbitration” section will survive any termination of these Terms. You agree that any claim You may have arising out of, or related to Your use of Our Platform must be filed within one (1) year after such claim arose; otherwise, Your claim is permanently barred.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Binding Arbitration” section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless You and the Company otherwise agree, the arbitration will be conducted in New York County. If Your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that You and the Company submit to the arbitrator, unless You request a hearing or the arbitrator determines that a hearing is necessary. If Your claim exceeds $10,000, Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The Company will be entitled to recover attorneys’ fees and expenses if it prevails in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

  • HIPAA Waiver 

To the extent applicable, and to the extent the information collected and stored by Our Platform either as a result of User account creation, or automatically due to the Platform’s internal infrastructure, is subject to the purview of the Health Insurance Portability and Accountability Act’s Privacy Law (“HIPAA”), You hereby expressly authorize the Company to share Your information, which You agree You have voluntarily provided on the Platform, with the therapists for the purpose of referring and pairing You with the appropriate therapist. This authorization to share Your health information is valid for the limited duration of the transaction, and each time You subsequently use or access the Platform. You hereby release and forever discharge the Company, its parents, affiliates, subsidiaries, divisions, officers, directors, stockholders, employees, agents, representatives, and respective successors, assigns, heirs, and executors, from any and all claims, demands, and causes of action, arising under this paragraph, due to any lapse, omission, or error, whether known or unknown, direct or indirect, related or unrelated to the Platform, accrued, contingent or potential. By using and accessing the Platform and You hereby so consent.

  • Mobile Security 

Most communication with the Company occurs through Your mobile device, computer, laptop, tablet, or other similar device (“Devices”). Therefore, Your Devices likely contain Protected Health Information (“PHI”), such as pictures of Your prescriptions, medical insurance cards, and other vulnerable information. As a result, it is of the utmost importance that You keep Your Devices secure at all times. If You are using public Wi-Fi or email applications on Your Devices, You are likely using unsecure networks, putting PHI at risk of interception. The best ways to protect Devices from security breaches is to maintain password protection, 2 Factor Authentication, encryption, and/or to install a remote wiping/disabling program into them. Remote wiping/disabling program allows Users to quickly clear and disable a lost or stolen mobile device, which can possibly prevent or reduce the magnitude of the breach. While the Company takes the utmost care in protecting Your confidential information and PHI, it cannot protect information stored in Your Devices. By using and accessing the Platform, You agree to indemnify and hold the Company harmless for all loss, damage, claims, or legal actions resulting from any data breaches occurring from theft/misplacement or any third-party intervention with any and all of Your Devices.

  • Notes

The entire Agreement between You and Us is contained in these Terms, and in the Privacy Policy, unless and until otherwise advised by the Company. You affirm that You have not depended or relied upon any representations or promises made by Us except for those 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. You are encouraged to check these Terms frequently. The last effective date of these Terms is posted at the bottom of these Terms. By using the Platform after the changes become effective, You agree to be bound by any such changes to these Terms. 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.

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.

For the avoidance of doubt, all clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of these Terms.