AGREEMENT FOR SERVICES AND ACKNOWLEDGEMENT OF TERMS AND CONDITIONS FOR USE OF SERVICE
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND ARE LEGALLY ABLE TO ENTER INTO A BINDING CONTRACT AND THAT ALL INFORMATION SUBMITTED BY YOU IS TRUE AND ACCURATE. YOU ALSO AGREE TO HOLD OK LET’S TALK, WWW.OKLETSTALK.ORG, AND OK LET’S TALK LLC HARMLESS FOR INTERACTIONS, OCCURRENCES, OR CLAIMS ARISING OUT OF ANY FALSE INFORMATION PROVIDED BY YOU.
By registering as a member with this Site, you are providing informed consent to the terms and conditions of Membership for www.okletstalk.org, and OK Let’s Talk LLC (“Ok Let’s Talk” or “Site”), you (the “Member”) acknowledge that you understand the nature of online counseling services as well as the duties, qualifications, and limitations of our practitioners (“Practitioners” or “Contractors”), and that OK Let’s Talk has provided you with this information prior to providing you with any professional services.
l. OK Let’s Talk Practitioners. Member acknowledges that each Counselor, Caring Listener, or Therapist (each hereafter referred to as “Practitioner”) is an independent contractor and not an employee of Ok Let’s Talk LLC. The Site assumes no responsibility for any act or omission of any Practitioner. While Ok Let’s Talk has evaluated and verified each Practitioner’s credentials, ultimately, it is the Member’s responsibility to do the same independently. Member recognizes that, though a mental health practitioner may be featured on the Site, Ok Let’s Talk cannot predict or guarantee the success, utility, or effectiveness of services rendered by any practitioner. Under no circumstances will Ok Let’s Talk, its employees, officers, directors, shareholders, or agents be held liable for any indirect, consequential, or punitive damages relative to the services provided by any of the practitioners accessed through this Site. All practitioners featured on www.okletstalk.org are independently licensed and insured, and any issue, warranty, or claim by a Member must directly address the offending Practitioner.
2. Member Eligibility. All Practitioners are trained to screen for disorders which may not be appropriate for this method of treatment. Prior to receipt of any service, consultation, or initial meeting, you must disclose any personal history of major psychiatric episodes, hospitalizations or drug/alcohol dependence or have been diagnosed as any of the following – Borderline Personality Disorder, Major Depressive Disorder, Bipolar Disorder Type 1, Mentally Ill/Chemically Addicted (MICA), and/or Schizophrenia. The practitioner may choose to continue your Membership or refer you to an agency in your area that can better serve your counseling or mental health needs. Additionally, all Practitioners will notify authorities if Member states any desire to do harm to him/herself or others. Practitioners reserve the right to terminate a relationship with a Member if service expectations are incompatible. Members who are found ineligible for services will be blocked from the Site or from seeking future services. Ok Let’s Talk recommends that those seeking mental health or medical advice seek services in person with a qualified professional. OK Let’s Talk reserves the right to terminate membership to any user found ineligible for services and may refuse all current or future use at any time and for any reason.
IF YOU HAVE CONSIDERED OR ARE CONSIDERING SUICIDE, OR BELIEVE YOURSELF TO BE A POTENTIAL THREAT TO THE SAFETY OF OTHERS, YOU MUST IMMEDIATELY CALL 911 AND NOTIFY THE POLICE.
3. About Online Counseling. The services provided by this Site are known as Teletherapy, Telehealth, Telebehavorial health, and Online Therapy. Online counseling and this Site is providing a psychotherapy service that is not “in person” and is facilitated through the use of technology. Such technology may include but is not limited to, telephone, fax, email, internet, instant messenger, or videoconference. Members may provide offline contact information in case of a technology breakdown, or if reconnection is not possible. Members will not fault and this Site will not issue any warranty for the failure of the internet or the Site’s performance. Members are responsible for any technology usage fees incurred through the use of the Site.
4. Scope of Practice. Our practitioners follow local laws and codes of ethics as applicable to each Practitioner’s geographic location. If a Member resides in a state requiring therapists to be licensed in the same state as the Member, you understand and acknowledge that you will not be receiving such local state-licensed treatment but rather a private consultation. By obtaining membership with this Site, Member agrees to waive any claims arising out of any state licensing issue, and further, consents to the services provided by the Site and its practitioners. Regardless of a user or Practitioner’s geographical or legal jurisdiction, all users acknowledge and agree that any and all service provided by our Practitioners shall be regarded as consultation and NOT as licensed, clinical treatment. Due to the nature of online counseling, our Practitioners are limited in situations of crisis and extreme emotional distress, and therefore, cannot be held to the same standards as a physical appointment. This disclaimer shall serve as informed consent to all users who choose to reveal personal health information through this platform.
5. Nature of Counseling. There are both benefits and risks while participating in counseling, distance or otherwise. Counseling may improve your ability to relate with others, provide a clearer understanding of yourself, your values, and your goals. Since counseling may also involve discussing unpleasant aspects of your life, you may also experience uncomfortable or negative feelings. Counseling often leads to better relationships, solutions to specific problems, and significant improvement in feelings of distress. However, there are no guarantees of what you will experience, and that you enter this Agreement and use Ok Let’s Talk services at your own risk. You agree and understand the possible advantages and disadvantages of online therapy and shall not hold Ok Let’s Talk or its Practitioners liable for any information or insight distributed here.
6. Fees. Fees are as advertised on the website. Ok Let’s Talk may change Membership fees and/or services at any time, but will notify Members prior to amendment of service. All billing shall be through the Site. Members should not be billed or be required to pay directly to any individual Practitioner. As a Member, you are responsible for reporting any billing issues to the Site’s administrator. Such report should include a description of the service provided as well as the amount charged.
7. Refunds. By selecting a Membership plan, you agree you have had every opportunity to read and make an informed decision about each plan. You select the plan that best suits you and fulfills your needs. There are no refunds.
8. Privacy Policy. Ok Let’s Talk utilizes online encryption and security protocols to protect each Member’s private and confidential information. Ok Let’s Talk also uses HIPAA protected teleconferencing technology. Practitioners and Members – not www.okletstalk.org, Ok Let’s Talk LLC, or the Site – act as sole owners of the therapeutic record including all transcripts, notes, and/or emails. All such information shall remain privileged and confidential as required by law. All Member information will be permanently erased from the Site when a Member cancels his or her Membership. Members agree to submit any identification information so required by the Site to verify the Member’s identity.
9. Copyright Notice. All information on this website is the property of Ok Let’s Talk LLC and the Site and is protected by copyright. You may not reproduce any part of this website without prior written permission from Ok Let’s Talk LLC. All features, fees, and functionality of this Site are subject to change or termination with or without notice.
10. Disclaimer. Ok Let’s Talk assumes no responsibility for errors or omissions and disclaims any and all liability for the consequences of Member using the information on this website. This disclaimer does not exclude liability for death or personal injury as a result of negligence. You understand and agree that Ok Let’s Talk cannot be held responsible for a Member’s acceptance, reliance, or dependence on any services rendered by the Practitioners featured on this site.
11. Choice of Law and Forum Selection. This Agreement shall be interpreted only in accordance with the laws of the State of Arkansas, and any legal proceeding associated with this Agreement will occur exclusively in the Circuit Courts of Washington County, Arkansas.