EMOTILINK IS NOT FOR EMERGENCIES.
IF YOU THINK YOU ARE EXPERIENCING AN EMERGENCY OR CONSIDERING HARMING YOURSELF OR OTHERS,
DIAL 9-1-1 OR GO TO THE NEAREST CLINIC OR EMERGENCY ROOM IMMEDIATELY.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS SERVICE.
Please read these Terms and Conditions carefully and fully, as they contain important information regarding your legal rights, remedies and obligations.
1. THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE EMOTILINK-PLATFORM.
- Emotilink, LLC (hereafter, “we”, “our” or “emotilink”) owns and operates the emotilink mobile and online telecounseling platform and digital marketplace (the “emotilink-platform”), whereby registered users like you (“You”, “Your” or “User”) can search for and connect to licensed mental health professionals (“Providers”) to engage in real-time, fee-based telecounseling services over our fully encrypted and HIPAA-compliant mobile application and/or website.
- Additionally, the scheduling of telecounseling sessions over the emotilink-platform may be further subject to and conditioned upon Your consent or acknowledgement of certain other and additional terms and conditions between You and Your Provider, namely (i) Your Consent to Treatment, and (ii) Your Acknowledgment of Receipt of Your Provider’s HIPAA Notice of Privacy Practices. You will be prompted to grant such consent or acknowledgement each time You request an Introductory Appointment with any Provider whose services You have not previously engaged over the emotilink-platform.
2. EMOTILINK IS A TECHNOLOGY SUPPLIER ONLY.
- Emotilink is a technology supplier only.
- Emotilink supplies Users and Providers with access to the emotilink-platform, and in exchange for this access, each Provider agrees to pay emotilink a percentage of the fees paid by Users for the professional services rendered over the emotilink-platform.
- Providers are not emotilink employees, agents, representatives, subcontractors, partners, joint venturers or independent contractors, but are independent, third-party vendors, who like Users, have contracted with emotilink for the privilege of using the emotilink-platform. Providers cannot represent, control or contract on behalf of emotilink, and emotilink cannot represent, control or contract on behalf of any Provider.
3. PROVIDERS ARE SOLELY RESPONSIBLE FOR THEIR SERVICES and FOR COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS.
- Providers—as independent, third-party vendors—are solely responsible for their advice, conduct, treatment, communications, representations and omissions, and are solely liable for any damages alleged or sustained, or for any grievance made, as a result of Your reliance on any Provider’s advice, conduct, treatment, communication, representation or omission.
- Similarly, Providers are solely responsible for complying with any federal, state or local laws, rules and regulations governing their profession, trade or services, and are solely liable for any violation or breach of, or non-compliance with, any such law, rule or regulation.
- Emotilink disclaims any and all responsibility and liability for any damages alleged or sustained, or for any grievance made, as a result of any Provider’s advice, conduct, treatment, communication, representation or omission, or as a result of any Provider’s violation or breach of, or non-compliance with, any applicable law, rule or regulation.
4. EMOTILINK DOES NOT RECOMMEND, ENDORSE, EVALUATE or SCREEN PROVIDERS and DOES NOT GUARANTEE THE ACCURACY OF PROVIDER PROFILES.
- Emotilink makes no guarantees, representations or warranties of any kind about any of the Providers featured on the emotilink-platform, including about the quality, suitability or effectiveness of any Provider’s advice, services or methods, or of any Provider’s professional standing, licensure, credentials, education, reputation, fitness or character. Emotilink, as a technology supplier only, does not recommend or endorse any Provider, methodology, course of treatment, product, specialization, or institution.
- Emotilink is not responsible for the content of the “Provider Profiles” featured on the emotilink-platform. Each Provider supplies and is solely responsible for the content of his or her Provider Profile and is solely liable for any misrepresentations or omissions contained therein. Emotilink makes no guarantees, representations or warranties of any kind regarding the accuracy, reliability or completeness of the information presented in Provider Profiles.
- Before engaging a Provider over the emotilink-platform, Users should always independently verify the Provider’s qualifications, reputation, credentials and good standing with all relevant state or local agencies, as well as the licensing boards and regulatory authorities responsible for overseeing the Provider’s services. You should never rely solely upon the information contained in a Provider Profile when choosing to engage a particular Provider, and do so at Your own risk.
- Each Provider, as a condition of his or her registration as a Provider on the emotilink-platform, must first represent, warrant and covenant that at the time of his or her registration and for however long the Provider continues to use the emotilink-platform, that Provider does then and at all relevant times will continue to (i) satisfy all professional licensing requirements applicable to the professional services rendered by the Provider over the emotilink-platform, (ii) hold all valid and current licenses required to provide such services, (iii) remain in good standing with each licensing board or other authority issuing such licenses or having regulatory authority over the Provider or the provision of the Provider’s services, and (iv) refrain from using the emotilink-platform in the event the Provider ever receives any notice of the cancellation, probation, suspension, revocation or non-renewal of any license required to render the Provider’s services.
- Any effort undertaken by emotilink to screen Providers or to verify Provider information is gratuitous and neither creates in emotilink any duty or responsibility to continue to do so, nor constitutes the assumption by emotilink of any responsibility or liability for any Provider’s services or any Provider Profile.
- You—the User—agree to release and hold emotilink harmless, to the fullest extent permitted by law, from any and all allegations, causes of action and claims arising out of Your reliance upon any information furnished by a Provider over the emotilink-platform, including any information supplied by or omitted from a Provider Profile.
5. EMOTILINK-ACCOUNTS MAY BE TERMINATED, APPOINTMENTS MAY BE CANCELED and SERVICE MAY BE INTERRUPTED, FOR ANY REASON, WITHOUT APPEAL or RECOURSE.
- Users and Providers alike may each unilaterally terminate their accounts or telecounseling relationships at any time, for any reason, regardless of cause or circumstance, except where unlawful to do so.
- Emotilink may further suspend or terminate any User or Provider Account, or the emotilink-platform altogether, or otherwise restrict access to the emotilink-platform, at any time, for any reason, at our absolute, unqualified discretion, without any recourse or right of appeal of any kind.
- Emotilink neither warrants nor guarantees that every User will be able to match or connect with a Provider over the emotilink-platform at any particular time, from any particular location, if ever at all.
- Your use of the emotilink-platform is at Your own risk. Services rendered and information supplied over the emotilink-platform is provided on an “as is”, “with all faults”, and “as available” basis.
- Emotilink disclaims all warranties of any kind that the emotilink-platform will be effective, will function without disruptions, delays or errors, will be reliable or accurate, uninterrupted, accessible at all times or locations, or will result in therapeutic outcomes satisfactory to the User.
6. YOU ARE RESPONSIBLE FOR MAINTAINING THE PRIVACY OF YOUR EMOTILINK LOGIN CREDENTIALS and THE SECURITY OF THE DEVICES AND NETWORKS USED BY YOU TO ACCESS THE EMOTILINK-PLATFORM.
- You are responsible for maintaining the privacy and security of Your emotilink username and password and should never share Your emotilink password with others.
- Emotilink cannot prevent, has no control over and is not liable for any injury or damages alleged or sustained as a result of Your own failure to securely maintain Your emotilink username and password, including for any unauthorized payments processed as a result of Your own failure to securely maintain Your emotilink username and password.
- If You ever have any reason to suspect that the security of Your emotilink account, username or password has been compromised in any way, promptly suspend all further use of Your emotilink-account and contact us at to report the suspected security breach.
7. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECURITY OF THE DEVICES and NETWORKS USED BY YOU TO ACCESS THE EMOTILINK-PLATFORM.
- Your communications over the emotilink-platform are only as secure as the devices and networks used to access the emotilink-platform.
- Users should only access the emotilink-platform from devices and networks under the User’s exclusive access and control and which the User knows to be secure and reliable. For this reason, Users should refrain from using public computers or other public devices, or from using any open, unsecured networks, when accessing the emotilink-platform, and should never save their username or password on any device not within the User’s exclusive possession and control.
- Users should further install and maintain reputable and current firewall, anti-virus and anti-spyware software on any devices used to access the emotilink-platform, and should take all other reasonable precautions to protect those devices from viruses, malware and corruption of any kind.
- Emotilink has no control over and will not be liable for any security or privacy breach that is the result of Your or Your Provider’s use of an unsecured device or network. You—the User—agree to release and hold emotilink harmless from any and all allegations, causes of action and claims arising out of any security or privacy breach that is the result of Your or Your Provider’s use of an unsecure or otherwise compromised or corrupted device or network.
8. YOU COMMUNICATE BY UNENCRYPTED E-MAIL, OR BY ANY MEDIUM OTHER THAN OVER THE EMOTILINK-PLATFORM, AT YOUR OWN RISK.
- Emotilink disclaims any responsibility for information transmitted by any means other than over the emotilink-platform, including for communications transmitted by email, text message or telephone, regardless of where or how the User obtains the necessary contact information to enable such communication, such as from a Provider Profile.
- Users who communicate with Providers over unencrypted email, or by any other unsecured medium, do so at their own risk.
- Pursuant to HIPAA and its subsequent, clarifying acts, covered entities like Providers may not communicate with patients by unencrypted unless the Provider first obtains the patient’s (i) authorization to do so and (ii) acknowledgement of the security risks inherent to communicating by unencrypted email; namely the risk that a third-party could illegally intercept the unencrypted email or gain access to Your or Your Provider’s email account.
9. THE EMOTILINK-PLATFORM IS NOT FOR CHILDREN.
- The emotilink-platform is not currently designed to accommodate children under the age of majority.
- Use of the emotilink-platform by children under the age of eighteen (18) years old is not permitted under any circumstance.
10. PAYMENTS ARE PROCESSED BY BRAINTREE, PRORATED BASED ON THE PROVIDER’S HOURLY RATE, AND SUBJECT TO A 20-MINUTE SESSION MINIMUM.
- In exchange for its payment processing services, Braintree receives a small portion of every payment it processes over the emotilink-platform.
- Braintree processes Your payments by charging the method of payment You selected at the time You register as a User, or subsequently updated thereafter (“Selected Method of Payment”).
- The price of an appointment quoted at the time of scheduling (the “Expected Price”) is the Provider’s hourly rate, prorated for the length of time reserved for Your appointment. The Expected Price is an estimate.
- The actual payment processed by Braintree (the “Actual Price”) is based on the same hourly rate as the Expected Price, but prorated for the session’s actual duration, rounded-up to the nearest minute and including any time that Your session runs over or under the length of time scheduled, but subject to a minimum payment in an amount of the prorated price for twenty (20) minutes of the Provider’s time.
11. SHORT-NOTICE CANCELLATIONS ARE SUBJECT TO A 50% CANCELLATION FEE.
- Users who either miss an appointment, or who cancel an appointment on too short of notice, will incur a cancellation fee equal to fifty percent (50%) of the Expected Price quoted at the time of the appointment’s scheduling (“Cancellation Fee”).
- You may cancel or reschedule Your first Introductory Appointment with a Provider without penalty or restriction up until one hour before the scheduled start time. Users who cancel an Introductory Appointment on less than one-hour advance notice will be charged the Cancellation Fee, unless the User can avoid the Cancellation Fee by successfully rescheduling the appointment. An ‘Introductory Appointment’ refers to Your first appointment with any Provider whose services You have never previously engaged over the emotilink-platform.
- For all other, including recurring appointments, You may cancel or reschedule Your appointment without penalty or restriction up until 24-hours of the scheduled start time. Users who cancel appointments on less than 24-hour advance notice will be charged the Cancellation Fee, unless the User can avoid the Cancellation Fee by rescheduling the appointment.
- Users can avoid the Cancellation Fee altogether notwithstanding lack of advance notice, if at the time of cancellation, the User successfully reschedules the appointment with the same Provider for the same length of time.
- A User’s right to avoid the Cancellation Fee by rescheduling is not absolute, but is contingent upon the User joining and attending the rescheduled appointment in full. If You miss, cancel or attempt to reschedule a previously rescheduled appointment, You will be charged the previously avoided Cancellation Fee, and will further incur an additional Cancellation Fee in the event You to miss the rescheduled appointment altogether or cancel the rescheduled appointment with less than 24-hour advanced notice.
12. THE EMOTILINK-PLATFORM MAY NOT BE USED FOR MEDICAL SERVICES, TREATMENT OR ADVICE.
- The emotilink-platform is not currently designed to accommodate the provision of medical services and treatment.
- Use of the emotilink-platform is strictly limited to the provision of nonmedical telecounseling and teletherapy services only.
- Psychiatrists and other medical professionals are free to register as Providers, but may only use the emotilink-platform to render nonmedical telecounseling or therapeutic services.
- Users should promptly notify emotilink at to report any Providers who attempt to render medical services over the emotilink-platform.
13. YOU MAY NOT ALTER OR COPY EMOTILINK’S TECHNOLOGY; NOR USE THE EMOTILINK-PLATFORM AND TECHNOLOGY FOR ANY PURPOSE OTHER THAN TELECOUNSELING SERVICES.
- Users may not modify, enhance, remove, copy, record, interfere with, or alter in any way, any portion of the technology, source code or software comprising any part of, or incorporated into, the emotilink-platform, regardless of whether that technology, code or software is proprietary, licensed from third-parties or part of the public domain.
- By registering as a User, You—the User—agree that You will not copy, modify, reverse engineer, attempt to discover any source code, sell, assign, relicense, sublicense, or attempt to create a derivative work of, the technology or software comprising any part of, or incorporated into, the emotilink-platform, nor knowingly infringe upon any intellectual property rights or protected interests of any kind when using the emotilink-platform.
14. ADDITIONAL TERMS AND CONDITIONS
15. CHOICE OF LAW AND CONSENT TO EXCLUSIVE JURISDICTION.
- By using the emotilink-platform, You—the User—consent and agree to submit to the exclusive jurisdiction of the federal and state courts located within the State of Illinois in any matters, cause of action, dispute, claim or controversy arising out of Your use of the emotilink-platform, and waive any right to object to the State of Illinois as venue.
- The foregoing notwithstanding, nothing in this section may be construed as selecting, limiting or informing the choice of law to be applied to, or the jurisdiction over, any cause of action, dispute, claim or controversy to which emotilink is not a party.