Last Updated: November 10, 2020
IF YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, CALL 911 OR NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL AND SEEK IMMEDIATE IN PERSON ASSISTANCE. THIS WEBSITE AND APPLICATION ARE NOT DESIGNED FOR EMERGENCY SITUATIONS.
IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, CALL 911 OR NOTIFY APPROPRIATE POLICE OR EMERGENCY MEDICAL PERSONNEL.
This Terms of Service Agreement and Consent to Care (together, this “Agreement”) is between you and Starling Solutions, Inc. d/b/a Joon Care (“Joon Care,” “Joon,” “UpLift,” “we” or “us”), and governs your access and use of the Joon website located at joon.com (“Site”), the Joon mobile applications (“App”) and the services made available through the Site and the App (collectively the “Platform”).
We are committed to protecting the privacy of children. The Platform is not intended for the use of persons under the age of 13, and we do not collect personally identifiable information from any person we actually know is a child under the age of 13. Therapy Services (as defined below) are only available to persons age 18 or older, or those persons who are at least age 13 but under the age of 18 who have the consent and involvement of a parent or guardian.
This website is intended for, and should only be used, by individuals residing within the United States.
The Platform may be used to connect you with a Treatment Provider who will provide services to you through the Platform (“Therapy Services”). A “Treatment Provider” is a regulated, trained, mental health professional who is permitted to provide Therapy Services in your state of residence. Treatment Providers may include, but are not limited to, psychiatrists, psychologists, clinical social workers, registered psychotherapists, and professional counselors. All of our Treatment Providers undergo a background screening, reference check, and interview, and are required to provide Joon with digital copies of their license and proof of liability insurance. If you feel the Therapy Services provided by a Treatment Provider do not fit your needs or expectations, you may request, and pending availability, may change to a different Treatment Provider within the Platform. Please email firstname.lastname@example.org or inform your Treatment Provider.
We hope you will find the Therapy Services beneficial, however, you understand and agree that they may not be appropriate for every individual’s needs in their specific situation. The Therapy Services may not be a complete or appropriate substitute for an in-person examination and/or care for a particular situation.
The content on the Platform is informational only and is not intended to be, and should not be considered, medical advice. Mental health advice is limited solely to information provided by a Treatment Provider during the Therapy Services.
Joon takes steps to verify Treatment Provider credentialing, but makes no representation regarding the accuracy of such credentials, and expressly disclaims any liability for fraudulent credentials or other representations or claims made by Treatment Providers. We encourage you to inquire about your Treatment Provider’s credentials in order to find the best fit for your needs.
3.1. Your Account, Payment, and Use of the Platform. You confirm you are legally able to consent to receive Therapy Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract. You confirm and agree to the following:
More information regarding payment, billing, rates and costs of Therapy Services is available on the Platform.
3.2. License Grant to You. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely (i) for your personal, non-commercial use or legitimate business purposes related to your role as a current or prospective customer of Joon; and (ii) in accordance with the terms of this Agreement. All rights not expressly granted in this Agreement are reserved by us. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, the Platform or any of the Joon Content (defined below) without our express, written consent.
3.3. Restrictions on Your Access to and Use of the Platform. In connection with your access to or use of the Platform, you are prohibited from:
Violations of system or network security may result in civil or criminal liability. Joon will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
3. 4. User Content and License Grant to Us. If you transmit any information, content, materials or data to or through the Platform (“User Content”), you are not forfeiting any ownership rights you may have in the User Content. However, by submitting User Content on or through the Platform, you hereby grant Joon and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, sell, and display, in whole or in part, such User Content, including, but not limited to, throughout the world in any media, as necessary (a) to provide, maintain and improve the Platform; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly authorized by you. Notwithstanding the foregoing, we will only use User Content that falls within the definition of personal information or personal health information under relevant data privacy and medical privacy laws for the purpose of providing the Platform to you. You represent and warrant that you own or have obtained all necessary rights and/or licenses to User Content that you transmit, and that our use of such User Content as authorized under this Agreement does not violate or infringe upon the rights of any person or entity. In the event of any loss of or damage to your User Content, your sole and exclusive remedy shall be for us to make reasonable commercial efforts to restore the lost or damaged User Content. Joon will not be responsible for any loss, destruction, alteration or disclosure of your User Content caused by any third party.
The Platform and all information, content, and materials offered on or through the Platform, including, but not limited to, text, images, videos, illustrations, designs, icons, photographs, software, programs and written and other materials that are part of the Platform or accessible through the Platform, other than User Content (collectively, “Joon Content”), is the property of Joon or its licensors. No right, title or interest in any Joon Content is transferred to you by way of this Agreement or otherwise. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Joon Content or the Platform. The Joon and Joon Care trademarks and the Joon logos are trademarks of Joon. The Platform, the Joon Content, and Joon logo trademarks are protected by copyright, trademark, and/or other intellectual property laws. Joon Content includes all information on the Platform used to provide Therapy Services (excluding User Content).
We respect the intellectual property of others. We strive to respond promptly to proper notices of copyright infringement by removing or disabling access to allegedly infringing material. It is our policy to terminate the access privileges of those who infringe the copyrights of others.
Submitting a Copyright Infringement Notification. If you believe that any material appears on the Platform in a way that infringes the copyright in a work you own, please send a notification containing the following information to Joon’s Copyright Agent (identified below):
Our Copyright Agent can be reached at the following address:
Attn: Copyright Agent
240 2nd Ave S #300
Seattle, WA 98104
References on the Platform to any third parties or any products, services or websites of third parties, are provided solely as a convenience to you. We do not endorse, recommend, approve of or make any representations or warranties regarding any third parties or their products or Platform. We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of material on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk.
THE PLATFORM IS PROVIDED BY JOON ON AN “AS IS” AND “AS AVAILABLE” BASIS. JOON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PLATFORM, OR INFORMATION, CONTENT, OR MATERIALS OFFERED ON OR THROUGH THE PLATFORM. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JOON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. JOON DOES NOT WARRANT THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT, AND YOU ACKNOWLEDGE THAT JOON WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL JOON, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF JOON, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL JOON BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS PAID BY YOU (IF ANY) IN CONNECTION WITH YOUR USE OF THE PLATFORM DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold harmless Joon, its affiliates, and their respective employees, directors, officers and agents from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your breach or alleged breach of this Agreement, your improper use of the Platform, or your breach of any applicable law or infringement of the rights of a third party. Joon shall have the right to participate in the defense of any such claim at its own cost. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon, Joon, financial or otherwise, without the written consent of Joon.
This Agreement shall remain in force and effective unless and until terminated by either you or us. You may terminate this Agreement at any time by providing written notice to us or via email to email@example.com. We may terminate this Agreement immediately with or without notice, and/or may deny you access to the Platform, in our sole discretion, in the event you breach, or threaten to breach, any term of this Agreement, or for any other reason or no reason. Upon any termination of this Agreement, you must immediately discontinue use of the Platform. Even after your rights under this Agreement are terminated, all provisions of this Agreement which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
12.1. Consent to Electronic Communications. You consent to receive communications from us electronically. We will use the personal data you have submitted to communicate with you electronically when necessary to perform our contract with you, based upon our legitimate interest, or when you have otherwise provided consent. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, or on the Platform or through the Platform, satisfy any legal requirement that such communications or agreements be in writing. You understand and agree that you are solely responsible for any fees (including data fees) imposed by your carrier that result from your use of the Platform from a mobile device.
12.2. Assignment. You may not assign your rights under this Agreement without the prior written permission of Joon and any attempt by you to do so shall be null and void.
12.3. Waiver. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
12.4. Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
12.5. Changes to Agreement. You should review our Agreement each time you access the Platform or use the Platform. We reserve the right to modify or revise any part of this Agreement at any time at our sole discretion by posting such modified or revised Agreement to the Platform. Your continued use of or access to the Platform following the posting of any modifications or revisions to the Agreement constitutes acceptance of those modifications or revisions.
12.6. Relationship of the Parties; No Third-Party Beneficiaries. Joon and you are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between Joon and you. There are no third-party beneficiaries to this Agreement.
12.7. Governing Law; Venue. This Agreement will be construed in accordance with and governed exclusively by the laws of the State of Washington applicable to agreements made among Washington residents and to be performed wholly within such jurisdiction, regardless of the parties’ actual domiciles. Joon and you consent to the exclusive jurisdiction and venue of the state and federal courts of King County, Washington.