Terms of Service

Please read these Terms of Service carefully ("Terms"). These Terms govern and apply to your access and use of the communication platform offered by ThereHappy, ThereHappy services available via the ThereHappy website and ThereHappy mobile apps (“App”) (all hereinafter collectively, “ThereHappy” and the ThereHappy "Service(s)") and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service and prohibited from accessing this site. The terms “You", "Your,” and “Yourself” refer to you, the end user of the Service. The following Terms of Service govern the relationship between you and ThereHappy, and its affiliates ("us," "our," "we," or "ThereHappy").


two people signing an agreement


Terms

By accessing the website at therehappy.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Acceptable Use License

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit
  1. information or a message under a false name;
  2. information that is libelous, unlawful, obscene, defamatory, threatening or hateful to any person, fraudulent, harassing, predatory of minors; or
  3. information that violates or infringes any of the intellectual property rights of others or the publicity rights or privacy of others.
You shall not attempt to disrupt the operation of the Service through any means, including the use of time bombs, worms, viruses, denial of service (DoS) attacks, Trojan horses, spamming or flooding. You shall not use the Service in any manner that could impair, damage, or disable the Service. You shall not attempt to gain unauthorized access to any user accounts or networks or computer systems, through password mining, hacking, social engineering, or any other means. You shall not use any scraper or robot or other means to access the Service for any purpose. Neither ThereHappy nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.

The following terms apply to any App accessed through or downloaded from any source (such as the Apple App Store or other similar platforms) where the App is made available (each such distribution platform an "App Provider"). You acknowledge and agree that

  1. These Terms are between you and ThereHappy, and not with the App Provider, and that ThereHappy (not the App Provider), is solely responsible for the App; and the App Provider has no obligation to furnish any maintenance and support services with respect to the App claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ThereHappy.
  2. If you download the App, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may require that you download upgrades, updates and additional features we publish in order to improve, enhance, and further develop the software, Service, or App. The Service may change from time to time and/or ThereHappy may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.
Permission is granted to temporarily download one copy of the materials (information or software) on ThereHappy's website (alternatively, THE WEBSITE) for transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  1. transfer the materials to another person or "mirror" the materials on any other server;
  2. attempt to decompile or reverse engineer any software contained on ThereHappy's website;
  3. modify or copy the materials; or
  4. remove any copyright or other proprietary notations from the materials.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by ThereHappy at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Massachusetts and you irrevocably submit to the exclusive jurisdiction of the state or federal courts in Massachusetts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Geographic Limitations

ThereHappy is owned and operated within the United States, and the company intends its Content to be used by persons within the United States. We do not promote the use of the website outside the United States. ThereHappy's services are only for use in the state or states in which the providers listed on the site are licensed. If you see a provider through ThereHappy, you represent that you are located in one of the states listed in the Provider's ThereHappy profile as a state where the provider is licensed.

Time Limit to File Claims

To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Site and the Services within three (3) months from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

Account Enrollment

To access the Services, you must first enroll to establish an individual user account (“Account”), by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for providers to send notices to you, you agree to:
  1. provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form; and
  2. each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or ThereHappy has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, ThereHappy reserves the right to refuse any future request(s) to use the ThereHappy Services. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. ThereHappy will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.

Hyperlinks

Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by ThereHappy, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to ThereHappy. ThereHappy has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. Use of any such linked website is at the user's own risk.

Third-Party Content

Our website includes content provided by third parties. All such statements and opinions expressed by those third parties are solely their opinions, and thus we are not responsible or liable for their accuracy.

Limitation of Liability of Our Content

The materials on ThereHappy's website are provided on an 'as is' basis. ThereHappy makes no warranties, express or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Any figures, numbers or other testimonies found in the site should not be construed as promises that you will obtain similar results. While we strive to match you with the right client, patient, or provider, each treatment relationship is different, and not every match is a perfect fit. We do not warrant any particular health or business outcomes. Further, while we strive to provide a realistic interpretation of your health or business benefits, estimates on our site ought not be construed as advice or certainty of facts, and we are in no way liable for any incorrect estimations or interpretations, including but not limited to in and/or out of network coverage (for any and all medical services), benefit amount, reimbursement percentage, likelihood of reimbursement.

In no event or under any circumstance shall we be held liable to you (or to any third party claiming under or through you) for any direct, indirect, incidental, or consequential damages arising from the use of our services or inability to use our services. In all cases, we will not be liable for any loss or damage that is not reasonably foreseeable. In any event, the limit of our liability, for any loss, claim, expense, or damage is $57.

Disclaimers

Access to the service and the information and the information contained therein is provided 'as is' and 'as available' without any warranty of any kind, express or implied. To the fullest extent permissable pursuant to applicable law, ThereHappy disclaims all warranties of any kind, either express or implied, including but not limited to any implied warranties of fitness, merchantability, title for any particular purpose or non-infringement.

Without limiting the foregoing, ThereHappy does not warrant that access to the service will be uninterrupted or defect-free, or that errors, if any, will be corrected. You expressly agree that your use of the service and your reliance upon any of its contents is at your sole risk.

You shall be solely and fully responsible for any damage to the server or any computer system, any improper use or disclosure of information, or any loss of data, on the service caused by you or any person using your username or password. ThereHappy does not and cannot assume any responsibility for any damages, liabilities or loss arising from the failure of any telecommunications infrastructure, or the internet, or for your misuse of any protected health information, ideas, information, instructions, advice, or guindelines accessed through the service.

Modifications

ThereHappy may revise these terms of service for at any time without providing any notice. By using this website, you are agreeing to be bound by the then current version of these terms of service. You are responsible for regularly reviewing these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Data You Provide

When you submit information through ThereHappy, you grant us permission to use this information for all purposes permitted under our Privacy Policy, including, without limitation, to match you to clients, patients, providers, and coordinate your care across treating providers.

You are solely accountable for their accuracy and legitimacy, and are solely responsible for financial and legal repercussions of submitting fraudulent, illegitimate, or inaccurate information that you provide.

In using our site, you indemnify us against financial loss real or unrealized, liabilities, claims, demands and expenses, including attorney’s fees that may result from your use of our site.

Up to date as of July 4, 2021