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Terms of Use

 

Last revision: June 15, 2020

Use of the Site 

Hopscotch Corp. (“Hopscotch”, “we”, “us” or “our”) operates the website located at www.joinhopscotch.com and other related websites/platforms and mobile applications with links to these Terms of Use (collectively, the “Site”). We provide a platform that allows users (“Users”) to use digital gamified treatment programs and exercises in conjunction with online telehealth services which allow Users to interact with licensed healthcare practitioners (“Providers”) to obtain behavioral healthcare services and utilize our content library of treatment programs. Providers also have access to electronic medical record software which enables them to manage patients and associated records, schedule appointments and manage an online booking calendar, submit electronic medical claims, perform client invoicing and access a library of digitized exercises and interventions for use in appointments and to assign to patients as follow up treatment between visits. (“Services”). By accessing and using the Site, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or Services. 

 

Do not use this Site for emergency medical needs. If you are experiencing a medical emergency and need immediate attention, call 911 immediately. If you are experiencing suicidal ideation and are considering harming yourself or others, call 911 or the suicide hotline, which is listed throughout the Site. We have also gathered a list of national resources for mental health emergencies, which we urge all users to utilize if they are facing an immediate or emergent crisis. 

 

Healthcare Services

The Providers who deliver services through Hopscotch are independent licensed behavioral health providers. Hopscotch does not interfere with the delivery or transmission of medical services provided by our practitioners. Each Provider is responsible for serving at the top of their license and providing evidence based healthcare, or else they risk no longer providing services through Hopscotch. Hopscotch, or any third parties who promote Hopscotch are not liable for any medical advice or counseling you receive from a Provider through our Services. 

 

Site Content

The Site may include other content, including information that may be posted by other Users.  None of the supporting site content, including articles, blogs, information posted by other Users or any other ancillary resources should be considered medical advice or an endorsement, representation or warranty that any particular treatment or approach is appropriate for your/your child’s situation. Only information provided to you by the Providers who you or your child may be consulting would qualify as medical advice. 

 

Account Enrollment 

In order to access the Services as a User, the child who is seeking treatment or use of our other Services must have their legal parent or guardian must create an account (“Account”) by entering their name, email address, password and other information collected by Hopscotch (collectively “Parent/Legal GuardianAccount Information”) and grant their consent to allow their child participate in any treatment exercises or other Services provided by Hopscotch. Henceforth, throughout this Terms of Service, when we refer to “you” we are referring to yourself as the parent or legal guardian and any other child or individual on whose behalf you are authorized to enter into these Terms of Use in your capacity as the parent or legal guardian as the authorized party of such individual. After the legal parent or guardian grants consent for their child to participate, the minor is then granted access to create their own account where they are asked their name, email address, password and other information collected by Hopscotch (collectively, “Minor Account Information”). As the parent or legal guardian you are responsible for ensuring that not only your, but also your child’s Account Information that you provide to us, during registration and any information that is uploaded to the site is true, accurate, current and complete at all times, including insurance information.  Both parties are not authorized to transfer or share their Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). The legal parent or guardian is responsible for maintaining the confidentiality of the Account passwords and for all activities and for all activities that occur under their account and the accounts they are responsible for. Hopscotch is not responsible to its Users for any damages resulting from or arising out of the use of the Site, use of the Parent/Legal Guardian Account Information or Minor Account Information, or any losses of a result of someone else accessing or using your Account, with or without your knowledge. 

 

Use of the Services by Children

The Services are available for use by children; however, children cannot use the Services without their legal parent or guardian’s explicit consent and their supervision. As a parent or guardian signing up in order to receive services for a minor, you will be fully responsible for complying with these Terms of Use. 

 

Acceptable Use by Users

By agreeing to these Terms of Service you are consenting to refrain from acting in an unlawful manner that would tarnish the value of the Hopscotch community.  You shall use the Services and the Site in strict compliance with: (1) these Terms of Service; (2) any additional instructions, guidelines or policies issued by Hopscotch, including those posted on the Site; and (3) all applicable laws, rules and regulations (collectively, "Laws").

The following uses of the Services and Site are prohibited. You may not:

·      post a message or information under a false name;

·     attempt to interfere with, harm, copy, translate, disassemble, decompile, reverse engineer, steal from, or gain unauthorized access to the Services, Site, user accounts, or the technology and equipment supporting the Services or Site; 

·     frame or link to the Services and Site without permission; 

·     use data mining, robots, or other data gathering devices on or through the Services and Site, unless specifically allowed by these Terms; 

·     post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; 

·     disclose personal information about another person (other than for those for whom you are authorized to disclose information); 

·      post information that is unlawful, defamatory, obscene, fraudulent, harassing or threatening to any Users or Providers on the Site; 

·     sell, transfer, or assign any of your rights to use the Services and Site to a third party without Hopscotch’s prior express written consent; 

·     post advertising or marketing links or content, except as specifically allowed by these Terms of Service; 

·     use the Services and Site in an illegal way or to commit an illegal or wrongful act in relation to the Services and Site or that otherwise results in fines, penalties, and other liability to Hopscotch or others; 

·     attempting to access information or a record that you are not authorized to access, including information from the Provider; or

·     access the Services and Site from a jurisdiction where it is illegal or unauthorized.

 

Payment Policy

You agree to pay all fees and charges to your Account in accordance with the fees, charges and billing terms in effect at the time when any fees are due and payable. By providing Hopscotch with your credit card number, you agree that Hopscotch is authorized to invoice your account for any charges that are payable to Hopscotch. We will inform of you of any charges that are being made to your account, and you are able to cancel your Account at any time, although you will be responsible for any charges associated with Services that had already been provided to you. If your health plan or employer is covering some or all of the charges, the payment you are responsible for will be adjusted accordingly. While Hopscotch will do our best to match you up with Providers who are “in-network” it is ultimately your responsibility to ensure that a certain Provider is covered by your health insurance policy.

 

If you do not have insurance coverage for Services, or if your coverage is denied, you agree that you are responsible for all incurred expenses. Hopscotch offers no guarantee that your insurer or employer will cover the services and we reserve the right to modify our fee structure at any point. If you attempt to reschedule an appointment fewer than 24 hours prior to the appointment, you will be subject to a late cancellation fee and if you miss an appointment without cancelling beforehand, you will be responsible for a no-show fee.  

 

Providers

 All Healthcare Providers affiliated with Hopscotch hold the professional licenses issued by the professional licensing boards or agencies in the states where they practice. All practitioners hold advanced post-graduate degrees, have at least 2 years of direct clinical experience and have experience treating children. If you have any complaints with a specific Provider you can contact support@joinhopscotch.comto report the incident(s) and we recommend also contacting the professional licensing board in the state which the care was received. You can find the contact information for each of the state’s professional licensing board governing psychology at http://www.asppb.net/?page=BdContactNewPG.

 

Termination

You can choose to terminate your account and end your use of the Services at any time by sending an email to support@joinhopscotch.com. Hopscotch may suspend or terminate your use of the site and your Account at any time, for any reason. Hopscotch reserves the right to change, suspend or discontinue all or part of its Services, temporarily or permanently and while we will do our best to provide advanced notice, there is no guarantee. Hopscotch may terminate your right to access and use the Services and Site for cause immediately as follows:(1) in order to comply with applicable Laws or instructions from any governmental agency or authority; (2) if Hopscotch, in its sole discretion, suspects that you are using the System in a manner not permitted by these Terms or Service; or (3) upon any breach of these Terms of Service by you.

 

Right to Modify Terms of Service 

We submit that we have the ability to modify these Terms of Service, at any point, for any reason. Our most updated version will remain on our Site for review and we may notify Users of any change, although this may not always occur. Your continued use of the Services provided by Hopscotch constitutes your understanding and agreement with the current Terms of Service. If at any point, you choose not to accept these terms of service or any changes that are made after you have initially reviewed and agreed, you should cease your use of the Site as soon as possible. 

 

Intellectual Property

Hopscotch is the sole owner of any content or materials displayed on the Site. You are permitted to use the Services for your own personal, non-commercial use, however, no information can be utilized for any type of commercial purposes. You may not modify, copy, reproduce, republish, upload, post transmit, sell or exploit in any manner any material found on the Site or information garnered from Services unless explicitly authorized in these Terms of Use or by the owner of the materials. This also applies to any names, logos or materials displayed on the site that would constitute trademarks or logos. You are not authorized to use any marks without explicit permission of Hopscotch and all ownership remains with the company. 

 

Links on Site

Any links listed on the Site are provided for your convenience. We do not endorse these sites or the products and services they provide. While we maintain that we will do our best to ensure that we are linking to credible sites, we do not assume responsibility for any inaccurate or unlawful content posted on other platforms or websites. 

 

Privacy and Communications 

As part of the Services, you may receive communication (either through email or text message) notifying you of content that may be of interest, any pending action you need to take through your account, or reminders related to Services you are receiving. Hopscotch will do everything in their power to maintain the confidentiality of your contact information (Please see the Privacy Policy for more in depth information). You explicitly consent to the collection, storing, hosting, use, disclosure and other processing, handling or disposition of information as described in the Hopscotch Privacy Policy located at https://www.joinhopscotch.com/privacy-policy, as such policy may be amended by Hopscotch in its sole discretion from time to time.  

 

Disclaimers 

Our intention at Hopscotch is to provide a platform that allows children to access the highest quality healthcare possible, optimize patient engagement and outcomes and involve parents in the process of helping them raise physically and emotionally healthy children. While we strive to ensure that happens, you acknowledge that we have no control over and take no duty to action regarding: a.) which users gain access to the Site and/or the Services; b.) the Services you choose to access; and c.) How you interpret the content you consume. We are not responsible for the accuracy or reliability of information other members post on the site and submit that the content that is posted and shared is not representative of opinions shared by Hopscotch. While we will do everything in our power to maintain the confidentiality and fidelity of data shared, we cannot promise that the services will operate free from error, the loss of data will not occur and that we are exempt from the risk of a breach.

 

Representations, Covenants and Warranties

You represent, covenant and warrant to Hopscotch that: (1) you are living in the United States of America; (2) you will use the Services and Site only as authorized and intended; (3) these Terms of Service have been executed and delivered by you and constitute a valid and binding agreement with you, enforceable against you in accordance with their terms; (4) you will not access or use the Services except as expressly permitted by these Terms of Service and any additional instructions, guidelines or policies issued by Hopscotch, including those posted on the Site; (5) you will access and use the Services in full compliance with applicable Law; and (6) all of the information, data and other materials provided by You in support of Your online registration are accurate and truthful in all respects.

 YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES AND/OR THE SITE IS AT YOUR SOLE RISK, AND THE SERVICES AND/OR SITE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, HOPSCOTCH MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING (1) THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE SERVICES AND/OR SITE OR ANY DATA SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, WORK PRODUCT OR OTHER MATERIALS RELATED TO THE SERVICES AND/OR SITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; OR (2) WHETHER THE INFORMATION AVAILABLE ON OR TRANSMITTED BY THE SERVICES AND/OR SITE IS TRUE, COMPLETE OR ACCURATE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HOPSCOTCH IS NOT RESPONSIBLE FOR ANY HEALTHCARE OR OTHER DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED OR DISPLAYED BY OR ON THE SERVICES OR SITE, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. FURTHER, HOPSCOTCH DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING INFORMATION ON OR VIA THE INTERNET AND THAT HOPSCOTCH IS NOT RESPONSIBLE FOR ANY LOSSES, CORRUPTION, DAMAGE, OR INJURY TO YOUR DATA, CONFIDENTIALITY OR PRIVACY IN CONNECTION THEREWITH.

In consideration of Hopscotch providing the Services to you, the receipt and sufficiency of which you acknowledge, you agree to release Hopscotch and its respective affiliates, managers, members, directors, shareholders, officers, employees, contractors, agents, successors, and/or assigns, from claims and all liabilities of every kind, known and unknown, arising from or related to the Services or your use of the Site, including, but not limited to, adverse or suboptimal health outcomes, events, or any other change to health or disease, or changes in mood or behavior.  You hereby waive any statutory or other type of protections that would otherwise limit this release to covering only known or suspected claims at the time of this release.  You acknowledge and understand that the foregoing release is a material inducement to Hopscotch for Hopscotch to provide the System to You. 

 

Posting of Information on the Site

If you post anything in the public areas of the Site, you represent and warrant that: (i) you own the content posted by you or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of the information by you on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) your posting of information on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Site. You also acknowledge and agree that information you post publicly is non-confidential and non-proprietary.  If Hopscotch determines you have posted information that may infringe upon the intellectual property rights of someone else, we may remove infringing material. We may also terminate a repeat infringer’s access to portions of our Services. If you have a good faith belief that your copyright is being infringed upon by any material on our Site or if you believe your rights, or the rights of someone else, are being violated in any way by material on our Site, please send a notice to support@get-hopscotch.com.

Hopscotch may (but is not obligated to) review and remove any information you post publicly at any time for any reason, including for activity which, in its sole judgment: violates these Terms of Service; violates applicable Laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Services or the Site.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOPSCOTCH, ITS AFFILIATES AND THEIR RESPECTIVE CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, PARTNERS, EQUITY HOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, AND THEIR SUCCESSOR OR ASSIGNS (COLLECTIVELY, THE "HOPSCOTCH GROUP")SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES OR SITE, OR BASED UPON ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT (INCLUDING THESE TERMS OF SERVICE AND ANY ADDITIONAL INSTRUCTIONS, GUIDELINES OR POLICIES ISSUED BY HOPSCOTCH, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY (COLLECTIVELY, THE "EXCLUDED DAMAGES"). THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, DATA LOSS, THE CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY SUBSTITUTE EQUIPMENT OR SERVICES. IF HOPSCOTCH CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THEN HOPSCOTCH GROUP’S MAXIMUM LIABILITY TO YOU IS LIMITED TO $100. THESE LIMITATIONS APPLY EVEN IF ANY OTHER REMEDIES AVAILABLE TO YOU FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Remedies

At its option, any member of the Hopscotch Group may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms of Service including any additional instructions, guidelines or policies issued by Hopscotch and/or actions for damages.

 

Claims

No action arising out of, in connection with, or relating to these Terms of Service or the subject of these Terms of Service shall be brought by you more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written and signed consent of both Parties. All statutes or provisions of law which would toll or otherwise affect the running of the period of limitation are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph.

 

Indemnity by You

You will indemnify and hold harmless the Hopscotch Group on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by any of the members of the Hopscotch Group, and, if directed by Hopscotch, shall defend the Hopscotch Group against: (1) all claims that any information, data or other materials provided by you in connection with your use of the Web Services and/or the System (including your application for registration to access and use the System) or these Terms of Service, or use thereof by any member of the Hopscotch Group, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of a third party; (2) all claims arising from fraud committed by, or the intentional misconduct, criminal acts or gross negligence of, you; and (3) all claims otherwise arising due to a failure by you to comply with any term or condition of these Terms of Service. 

 

Dispute Resolution 

If a dispute arises under these Terms of Service between you and any member of the Hopscotch Group, such dispute shall be resolved, at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. All disputes will be handled solely between the named parties, and not on any representative, private attorney general, or class basis. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU WAIVE YOUR RIGHT TO ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR JURY, TO THE EXTENT PERMITTED BY LAW. Notwithstanding any other provision of these Terms of Service, any member of the Hopscotch Group may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described would permit or cause irreparable injury to such member of the Hopscotch Group or any third party claiming against a member of the Hopscotch Group, due to delay arising out of such dispute resolution procedures.

 

Governing Law

All rights and obligations of you or Hopscotch relating to these Terms of Service, including any additional instructions, guidelines or policies issued by Hopscotch, including those posted on the Site, shall be governed by and construed in accordance with the Law of the United States of America, State of Delaware without giving effect to any choice-of-law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the Laws of any other jurisdiction.

 

Force Majeure

Hopscotch will be excused from performance under these Terms of Service for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms of Service, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section 12.2, "Force Majeure Event" means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes, (4) labor strikes; (4) telecommunications, network, computer, server or Internet downtime; (5) unauthorized access to Hopscotch’s information technology systems by third parties; or (6) other causes beyond the reasonable control of Hopscotch.

 

Severability

If any provision of these Terms of Service shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the Parties’ original intentions as nearly as possible in accordance with applicable Law(s).

 

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