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Please read carefully: These terms are a binding agreement for the use of the services. If you do not agree to these terms you may not access or use the service.
INTRODUCTION
Who we are. Rethink Autism, Inc. (“Rethink” or “Service Provider”) through its operating division, RethinkCare, operates the Websites https://rethinkcare.com/ and the mobile App of RethinkCare (“Rethink Properties”).
Our Services. The Service means the Website and the App and all their components including but not limited to navigation services, expert consultations, coaching, self-guided content for consumption (content library) and community for interaction/discussions with members of the platform. The App enables individuals to connect, arrange to connect or match with consultants, coaches (“Coaches”), or caregivers (“Caregivers”) to receive services that range from support, encouragement, education, care, instructional and practical tips to help such individuals, as well as other wellness services via phone, video, or chat sessions.
All individuals who access the App, including Consultants, Coaches, and Caregivers, are collectively referred to herein as Users (“Users”). Users are required to create an account to access the App and certain other aspects of it. For purposes of this Agreement, the Website, App and the experience sharing provided by Consultants, Coaches, and Caregivers to other Users is referred to as the Services (“Services”). Any decision by a User to seek, offer, or accept Services is a decision made at each User’s sole discretion. Each Service delivered by a Consultant, Coach, and Caregiver to another User shall constitute a separate agreement for such Services between the relevant Consultant, Coach, Caregiver, and other User, each subject to this Agreement. RethinkCare disclaims all liability in respect of any Services provided by any Consultant, Coach, or Caregiver through the Services.
The App offers Users a portal through which to amplify their daily work and personal life, but there are certain services and information that we do not provide and that are outside of the scope of the Services:
DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS OR OTHER PROFESSIONAL SERVICE ADVICE. IT IS FOR INFORMATION ONLY. IF YOU ARE EXPERIENCING AN EMERGENCY, PLEASE CALL 911 IMMEDIATELY.
NO INFORMATION PROVIDED OR SHARED IN THE APP IS INTENDED TO BE, AND MUST NOT BE TAKEN AS, THE PRACTICE OF MEDICINE OR COUNSELING CARE. THIS SERVICE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, CLINICAL SERVICES, OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING CARE INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, BEHAVIORAL HEALTH COUNSELING, PHARMACY, AND THE PROVISION OF HEALTHCARE ADVICE, DIAGNOSIS, PROGNOSIS, OR TREATMENT RELATING TO ANY MEDICAL OR HEALTH-RELATED CONDITION.
THIS SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR HEALTH-RELATED CONDITION. DO NOT DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL ADVICE OR TREATMENT FROM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER DUE TO ANY INFORMATION ACQUIRED IN THE APP. YOUR ACCESS TO OR USE OF THE APP, WEBSITE AND THE SERVICES DOES NOT CREATE IN ANY WAY A PHYSICIAN/PATIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP OR ANY SIMILAR RELATIONSHIP THAT WOULD GIVE RISE TO DUTIES ON OUR PART.
RELIANCE ON ANY INFORMATION ACQUIRED THROUGHT THE APP IS SOLELY AT YOUR OWN RISK.
The Terms mean these terms of use that describe how you may access and use the Service and they also include the RethinkCare Privacy Notice that explains how we collect, use and protect personal information. These Terms do not cover any other services and products of RethinkCare except for those expressly described.
You and Us. When we refer to we, us or our, we mean RethinkCare. When we refer to you or your we mean you, the person accessing or using the Service.
Your Company means either the company or the organization (or its affiliates) that is our customer or a customer of our channel partner that either employs you, engages you, provides you with services, is otherwise affiliated with you or that employs or engages an individual that you are dependent upon or that invited you to join or use the Service. Your Company may choose to provide you with access to our Services either directly or via an intermediary Third-Party Platform that is our channel partner and provides services to your Company. References in these Terms to your Company shall also mean your Company’s intermediary Third Party Platform, unless otherwise expressly stated.
Eligibility to Access and Use the Service
You do not need to be a registered user to access the public portions of the Service (such as landing pages or blogs), but you remain subject to these Terms to the extent they apply to public portions of the Service.
Access to subscription-only or password-protected portions of the Service requires registration and is made available pursuant to an agreement with your Company. If there is any conflict between these Terms and the agreement with your Company, the agreement with your Company will prevail.
You represent and warrant that any use of the Services will be for lawful purposes and in accordance with these Terms.
The Service is intended for use by individuals who are eighteen (18) years of age or older and who can enter into legally binding contracts. By becoming a User, you represent and warrant that you are at least eighteen (18) years old.
Individuals between the ages of thirteen (13) and eighteen (18) years old may use certain portions of the Service only under the guidance, supervision, and consent of a parent or legal guardian who has a User Account and has accepted these Terms. A parent or legal guardian may not allow a child under the age of eighteen (18) to access or use the Service through their account unless they are present and actively supervising the session at all times.
The Service may only be used by persons legally permitted to enter into binding contracts, and may not be used by any person barred from using the Services under applicable laws or regulations, or under the laws of their place of residence.
Understanding These Terms of Use
These Terms constitute a binding agreement between you and the Service provider. We are willing to provide the Service to you only on the condition that you first accept these Terms and comply with all obligations and standards they set. When you click through these Terms (for example, by clicking “I agree” or a similar button or checkbox), or when you otherwise access or use the Service, you signify that you have read, understand, and agree to be bound by the Terms, whether or not you are a registered user.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND ACCEPT ALL OF ITS TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICE.
We reserve the right to change all or any part of these Terms (including the other policies incorporated by reference) at any time in our sole discretion. Any changes will be posted on the Service, and the “Updated” date which is posted on the footer will also be updated where applicable. A material change becomes effective when posted, unless stated otherwise. You are solely responsible for familiarizing yourself with this Agreement and periodically reviewing these Terms.
Your continued use of the Service after changes are posted signifies your agreement to the modifications.
IF YOU DO NOT AGREE TO SUCH CHANGE, YOU MUST STOP USING THE SERVICE.
We may at any time, and in our sole discretion, change, modify, add, or discontinue the Service or any portion or component of the Service. Any material changes will be posted.
IF YOU DO NOT AGREE TO SUCH CHANGE, YOU MUST STOP USING THE SERVICE.
We may use Service Providers—meaning third-party service providers or our affiliates—to perform obligations and deliver the Services, and we will be responsible for the actions of such Service Providers.
Your Account
To access subscription-only or password-protected portions of the Service, you must create an account (“Account”) and provide certain information prompted by the Service (“Registration Data”). The creation of a Primary User Account is limited to an individual deemed eligible by your Company to enroll and receive the Services and will remain the Primary User Account holder for the duration of the agreement with your Company unless terminated earlier in accordance with these Terms. Your Company is responsible for distributing enrollment information and/or enrollment credentials (such as enrollment URLs or codes). Questions about such enrollment information or credentials should be directed to your Company.
When creating an Account, you will be prompted to provide information, including personally identifiable information. Please review the applicable Privacy Notice to understand how such information is collected, used, and protected.
You represent and warrant that all Registration Data and all information you provide with respect to your Account is accurate, current, truthful, and complete, and that you will update such information to keep it accurate, current, truthful, and complete. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account.
You further represent that you are:
(i) at least eighteen (18) years old;
(ii) of legal age to form a binding contract; and
(iii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction.
You agree not to register on behalf of any individual other than yourself and not to use another user’s Account.
You are the sole authorized user of your Account and are fully responsible for maintaining the confidentiality and security of your Account to ensure it is safe and secure from unauthorized access, including your password and user ID, and for all activities that occur under your Account, whether or not authorized by you. You accept responsibility for any and all activities or actions occurring under your Account. If you know or suspect that anyone other than you knows your login details or that unauthorized use of your Account has occurred, you must immediately notify the Service provider at [email protected].
RethinkCare is not liable for losses or harm incurred by you or a third party due to unauthorized use of your Account.
You are responsible for restricting access to your computer and/or Account.
Subject to the applicable Privacy Policy, you grant a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use your information in order to perform and improve the Service.
The Service is offered in several subscription-only environments. Access to specific Service offerings may depend on whether you are a Primary User Account holder and whether certain use permissions (“Permissions”) are enabled for your Account.
In all sections of the platform, you are solely responsible for setting your access credentials and Permissions.
These Permissions may include access to functionality that prompts you to provide information about yourself or others (e.g., meetings and communications with neurodiversity experts).
You must not share personal information identifying an individual who is the subject of a consultation (such as an employee’s name, role, job title, phone, e-mail, employee number, department, or location).
Please review the Privacy Notice for how personally identifiable information is collected and protected in this environment.
You remain solely responsible for setting your access credentials and Permissions. However, be aware that these permissions may include providing information about yourself, your child, or others (e.g., Child Profile, Appointment Verification).
Primary User Account holders may designate or re-designate members the Team (such as a spouse, partner, caregiver, relative, or teacher).
You are responsible for setting usage rights for Team members, including limitations based on Child Profile, desired training, role, or sensitivity of data.
Identifying a child in a Child Profile is optional and not required to use the Services.
Please review the Privacy Notice for details about how information is collected and used.
REMOTE CONSULTATION AND COACHING SESSIONS:
ARE PROVIDED SOLELY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES.
ARE NOT PHYSICIAN-PATIENT OR CLINICAL RELATIONSHIPS.
ARE NOT TELEHEALTH SERVICES.
DO NOT INCLUDE DIAGNOSIS, MEDICAL ADVICE, TREATMENT, OR THE PRESCRIBING OF ANY MEDICATION.
ARE NOT INTENDED FOR CRISIS SITUATIONS OR EMERGENCY MEDICAL SERVICES. CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IN AN EMERGENCY.
MAY REQUIRE DISCLOSURE IF YOU, A CHILD, OR ANOTHER INDIVIDUAL PRESENTS DANGER TO SELF OR OTHERS.
ARE NOT ENDORSEMENTS OR RECOMMENDATIONS OF MEDICAL PRODUCTS, SERVICES, OR TREATMENTS.
CONSULT THE PRIVACY NOTICE FOR APPLICABLE INFORMATION-HANDLING PRACTICES.
THE SERVICE IS NOT INTENDED FOR CHILDREN YOUNGER THAN 13 YEARS OF AGE AND THE 13-18 YEARS OLD MUST USE THE PRODUCT UNDER DIRECT PARENTAL SUPERVISION.
IF YOU ALLOW A DEPENDENT BETWEEN 13 AND 18 YEARS OF AGE TO ACCESS OR USE THE SERVICE UNDER YOUR ACCOUNT, SUCH USE MUST ALWAYS BE UNDER YOUR GUIDANCE AND SUPERVISION. YOU AGREE TO BE BOUND BY ALL ACTIONS TAKEN BY SUCH DEPENDENT WHILE ACCESSING OR USING THE SERVICES.
Please review the Privacy Notice for information relating to usage reports provided to your Company or to third-party platforms.
If text messaging is included in the Service and your Permissions allow:
You may schedule remote consultation sessions and Parent Discussion Groups using scheduling tools such as email or text message.
Text messaging tools are currently offered only in the United States.
You must expressly consent to receive text messages by selecting the designated option in your Account settings.
You represent that you are the account holder for the mobile number provided and will notify the Service provider if that number changes.
You may opt out by changing your Account settings. Text HELP for help.
Automatic telephone dialing systems may be used to deliver messages.
Message frequency may vary and message/data rates may apply.
If you invite another person to use the Service:
Invitations may be sent on your behalf using the email address, name, and optional message you provide.
You represent that you are authorized to share the invitee’s information.
You authorize the sending of invitations and any reminders.
The Service provider is not responsible for accidental or unauthorized access granted to an invitee.
In the event of conflicting instructions, the instructions of the User who issued the invitation will be privileged.
We may, from time to time, require as a condition to your continued access to and use of the Services that you:
(i) confirm your agreement to and compliance with these Terms; and
(ii) provide your consent for certain activities needed for one or more Services or as required by applicable laws.
Feedback & Ratings
You agree that submission of any ideas, suggestions, documents, and/or proposals to RethinkCare through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that RethinkCare has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to RethinkCare a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of RethinkCare Properties and/or Rethink’s business.
The Services may enable Users to provide feedback and ratings with whom they have interacted via the Services. Any ratings and reviews reflect the individual opinions of Users and do not reflect the opinions of RethinkCare. Ratings and reviews may be inaccurate or misleading. Reliance on any ratings or reviews is solely at your own risk.
RethinkCare Supplemental Terms
Use of certain Services may be subject to additional supplemental terms, conditions, or restrictions imposed by the Service provider or third-party providers. Such supplemental terms will be posted on the pages from which they may be accessed. You agree to comply with all such supplemental terms. If they conflict with these Terms, the supplemental terms will prevail only with respect to that specific Service or component.
Company and Third-Party Platform Supplemental Terms
As a condition to eligibility, access, continued use, or receipt of additional benefits (such as use-based rewards), you may be required by your Company to accept and comply with supplemental terms imposed by your Company or its intermediary Third-Party Platforms (such as EAP, wellness, or benefit platforms). These supplemental terms do not apply to the Service itself and do not amend these Terms. All questions regarding such Company or Third-Party Platform supplemental terms should be directed to your Company.
AUTHORIZED USE OF THE SERVICE
Your use is conditioned on your compliance with these Terms. You agree to act in good faith and use the Service and in accordance with the Terms and applicable laws. You shall not:
modify, distribute, transmit, display, perform or create derivative works from or based on the Service or any components thereof;
rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available, whether or not as “paid for” service, and regardless of the method of dissemination, the functionality or any component of the Services to any third party, including on or in connection with the internet or any time-sharing, service bureau, software as a service, hosting, cloud, or other technology or service;
reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any source code of the Services;
use manual process, automatic device or application or extraction tool to access, monitor, use, download, retrieve, index, extract, scrape, or data mine;
copy, frame, mirror, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any component thereof or otherwise defeat, bypass, or circumvent any other protections of RethinkCare’s intellectual property rights in the Service;
bypass or breach any security device or protection used by the Services or otherwise access or use the Services;
input, upload, transmit, activate or otherwise provide to or through the Services any malware or harmful code or virus;
damage, destroy, deface, disrupt, disable, impair, interfere with, or otherwise disrupt impede, overburden or harm in any manner the Services or RethinkCare’s provision of products and services to any person or entity;
remove, delete, alter, or obscure any trademarks, copyright and attribution notices, warranties, or disclaimers, or any other intellectual property rights notices from the Services or any component thereof;
access or use the Services in any manner or for any purpose or that infringes, misappropriates, or otherwise violates intellectual property rights or other rights of any person or entity, or that otherwise violates any applicable law;
generate, upload or share User Materials (as explained below) that are defamatory, obscene, promote bigotry, racism, misogyny, religious or ethnic hatred or are otherwise libelous, unlawful, or tortious, including stalking, harassing, or threatening others with violence or abuse and transmitting abusive commercial solicitation, such as “junk” messages, spam and pyramid schemes to other users of the Service;
access or use the Services for purposes of monitoring their availability, performance or functionality, or for benchmarking against third party services or competitive analysis of the Services, or for the development, provision, or use of a competing service or any other purpose that is to RethinkCare’s detriment or commercial disadvantage
access or use the Services in, or in association with, the design, construction, maintenance, or operation of any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Services could lead to personal injury or severe physical or property damage;
otherwise access to or use the Services beyond the scope of the use granted by RethinkCare.
User Materials and Content
Depending on your Permissions and the Service, you may upload, post, transmit, or otherwise make available data, information, content, and materials (“User Materials” or “Your Content”) that are relevant and necessary for your use of the Service, including materials of your Company if you have rights to do so. Personal data of individuals must be entered only in specifically designated forms or fields. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content and User Materials, including ensuring that you have all necessary legal rights and authority and that such materials do not violate any law or the rights of any individual.
You acknowledge that all information, data, materials, text, pictures, images, and other content made available through the Service is the sole responsibility of the party from whom such content originated. You, and not the Service provider, are entirely responsible for all User Materials and all Content that you upload, post, e-mail, transmit, or otherwise make available through the Service. You acknowledge that RethinkCare has no obligation to pre-screen Content (including, but not limited to, User Materials), although RethinkCare reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including chat, text, or voice communications without limitation. In the event that RethinkCare pre-screens, refuses, or removes any Content, you acknowledge that RethinkCare will do so for RethinkCare’s benefit, not yours. Without limiting the foregoing, RethinkCare shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
Your ability to access, use, add, share, transmit, or remove User Materials depends on the Permissions granted to you. When sharing or transmitting User Materials, you are responsible for ensuring that such sharing and transmission is appropriate and legal. You are also responsible for any backup, recovery, or other steps required to ensure your User Materials are recoverable in the event of data loss.
Any Content posted in your profile may not contain a photograph of another person without that person’s permission. You represent and warrant that you have all rights, power, and authority necessary to grant the licenses described in these Terms and that you may be held liable for User Materials or Content shared without such rights.
With respect to your use of the RethinkCare App and your participation in the Services, you agree to NOT:
Discriminate against or harass anyone, including on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or other protected class;
Use the RethinkCare App (a) to provide or request medical advice, diagnosis, or treatment relating to any medical or health-related condition, (b) for any commercial, advertising, solicitation, or other purposes that are not expressly permitted by this Agreement, or (c) in a manner that falsely implies RethinkCare’s endorsement or partnership or otherwise misleads others as to your affiliation with RethinkCare;
Interact with others on the RethinkCare App in a manner that is false, inaccurate, or misleading (directly or by omission);
Solicit login information or access an account belonging to someone else, or use a discount, access, referral, or other access code that you are not eligible to use (as determined by RethinkCare in its sole discretion);
License, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit RethinkCare, including the Website;
The frame or utilize framing techniques to enclose any trademark, logo, or other RethinkCare (including images, text, page layout or form) property;
Use any metatags or other “hidden text” using RethinkCare’s name or trademarks;
Except as expressly stated herein, no part of RethinkCare Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, and
Remove or destroy any copyright notices or other proprietary markings contained on or in RethinkCare Properties. Any future release, update, or other addition to RethinkCare Properties shall be subject to the Agreement. RethinkCare, its suppliers, and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any RethinkCare Property terminates the licenses granted by RethinkCare pursuant to the Agreement.
The foregoing is not an exhaustive list of the types of conduct that are prohibited while you are using the Service. We reserve the right to take action as we deem necessary against any behavior we believe, in our sole discretion, violates this Agreement. If we suspect that you are engaging in prohibited activity, we may take action, in our discretion, to investigate and address the behavior, including, but not limited to, issuing a warning, suspending or terminating your account, contacting law enforcement, or taking other action in our sole discretion. You agree to cooperate with any investigations conducted by RethinkCare and promptly provide any information requested by RethinkCare.
The Service provider has no ownership rights in User Materials or Your Content.
However:
You grant permission to the Service provider and its service providers to access, use, reproduce, modify, adapt, perform, display, distribute, and process User Materials as reasonably necessary to perform the Service.
When you post or publish Your Content on or through the Service, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or remuneration from, communicate to the public, perform, and display Your Content (in whole or in part) and/or incorporate it in other works in any form or media now known or later developed for the full term of any intellectual property right in Your Content.
Subject to any applicable account settings, you grant a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right (including any moral rights) to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content for the purposes of operating and providing the Service.
You warrant that any holders of intellectual property or moral rights in Your Content have effectively waived such rights or validly and irrevocably granted you the right to provide these licenses.
Your usage of the Service is monitored and recorded to facilitate user support and system security.
There is no obligation to monitor or investigate your access to or use of the Service or User Materials. However, the Service provider reserves the right, in its sole discretion and without notice, to monitor, investigate, pre-screen, refuse, or remove any Content or User Materials if it believes such action is necessary to:
comply with any applicable law, including requests by law enforcement or government agencies;
respond to notices of alleged infringement in accordance with the applicable Copyright Policy;
verify compliance with these Terms;
protect the rights, property, or safety of the Service provider, your Company, users, and/or the public; or
remove any Content that violates the Terms or is otherwise objectionable.
By using the Service, you consent to such monitoring. You acknowledge that you have no expectation of privacy concerning the transmission of Your Content, including chat, text, or voice communications.
You acknowledge that any monitoring, filtering, or removal of Content is performed for the benefit of the Service provider, not for your benefit.
Unless expressly agreed to by RethinkCare in writing elsewhere, RethinkCare is not obligated to store any of the content you Make Available on RethinkCare Properties. RethinkCare has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving the use of RethinkCare Properties.
Where necessary, RethinkCare encourages you to mark posts and comments as “Inappropriate” to bring them to the attention of a Moderator. You can also contact [email protected] with other concerns about these Terms of Use.
The Service provider is not responsible for third-party content, materials, websites, products, services, or links (“Third-Party Content”). All liability relating to Third-Party Content is disclaimed.
By submitting User Materials or Content, you represent and warrant that you have all rights necessary to grant the rights set forth in these Terms.
The Service provider respects the intellectual property rights of others and expects users to do the same. If you believe in good faith that any item available through the Service infringes your copyrights, you must review and follow the applicable Copyright Policy for information on submitting a copyright complaint.
OUR PROPRIETARY RIGHTS
Our Intellectual Property. We own all right, title and interest, including all intellectual property rights in the Service and all content and tools including, but not limited to software, data, graphics, images, logos, audio, video, design, and any and all other features and elements, in any media or format, that are or may in the future become available through the Service, all of which are protected by United States and international intellectual property laws and other applicable laws.
No right to use our trademarks and logos. You shall not use RethinkCare or its affiliates trade names, trademarks and service marks, alone or in connection with any other words or logos without RethinkCare’s consent and if such consent is granted all uses shall inure solely to the benefit of RethinkCare and its affiliates and you shall acquire no right, title or interest in them or goodwill associated with them and shall refrain from impairing RethinkCare or its affiliates’ rights.
Statistical Information. We may derive and compile, either manually or automatically, Statistical Information which means analytics, statistical and other information derived from data related to and that is captured the Service that is anonymized or aggregated with other data captured in the Services pertaining the performance, operation and use of the Services, and use such Statistical Information for our business purposes, including for operations management, for research and development and for sharing with our Service Providers and other relevant parties. We own the rights in and to such Statistical Information. For additional information on our collection and use of Statistical Information please check the RethinkCare Privacy Notice.
You have a limited right to download and Share. A limited amount of content may be marked and authorized by you to share in your personal social channels (e.g. Facebook, Twitter, LinkedIn etc.). You may use the functionality of the Service to download or print a reasonable number of copies of reports and RethinkCare content to which you have Permission to access, solely for your personal and non-commercial use, provided that you include all copyright and other proprietary rights notices and attribution. Any and all other sharing or dissemination of RethinkCare content, including without limitation, in any websites, enterprise or consumer apps, or by “influencers”, without RethinkCare advance written consent, is strictly prohibited.
How to request permission to use our content. If you would like to use any content from the Service that isn’t expressly permitted in these Terms, please contact us by writing to Rethink Autism, Inc., Attn: Copyright Agent, 49 W. 27th St., 8th Fl. New York, NY 10001.
Reservation of rights by us. You shall not use or exploit our Service in any manner, except as expressly permitted. All rights not expressly granted to you are reserved by us. There are no implied licenses to the Service or its components.
Suspension and Termination
he Agreement commences on the earlier of (a) the date you first use the Services or (b) the date you accept the Agreement, and will remain in full force and effect while you use the Services unless earlier terminated in accordance with these Terms.
You may terminate the Services at any time by notifying the Service provider in writing to RethinkCare, 49 West 27th Street, 8th Floor, New York, NY 10001 and closing your Account for all Services that you use. Upon termination of any Service, your right to use such Service will automatically terminate immediately.
If you breach any of the Terms, pose a threat to the functionality, security, integrity, or availability of the Services, violate any applicable laws, or if necessary to protect the rights, property, and safety of the Service provider, your employer, other users, or the public, or if RethinkCare is required to do so by law (e.g., where the provision of the Website, the Application or the Services is, or becomes, unlawful), any of the following actions may be taken immediately, with or without notice and in the sole discretion of the Service provider:,
If RethinkCare becomes aware of any possible violations of the Agreement by you, RethinkCare reserves the right to investigate such violations. If, as a result of the investigation, RethinkCare believes that criminal activity has occurred, RethinkCare reserves the right to refer the matter to and to cooperate with any and all applicable legal authorities. RethinkCare is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Rethink Properties, including Your Content, in RethinkCare’s possession in connection with your use of Rethink Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that Your Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of RethinkCare, its Registered Users or the public, and all enforcement or other government officials, as RethinkCare in its sole discretion believes to be necessary or appropriate.
All terminations for cause are made in the sole discretion of the Service Provider, and there is no liability to you or any third party for any suspension or termination, including the deletion of Your Content.
Unauthorized use of the Services may violate laws in the United States or other countries, and the Service provider may cooperate with applicable authorities, including by disclosing your identity and other information as permitted in the Privacy Notice. If the Service provider becomes aware of possible violations of the Agreement, it may investigate such violations and, if believed criminal activity has occurred, refer the matter to and cooperate with law enforcement.
If your registration or ability to access the Services is discontinued due to violation of any portion of the Agreement or for conduct inappropriate for the community, you agree not to attempt to re-register or access the Services through use of a different User name or otherwise. You acknowledge that you will not be entitled to a refund for fees related to Services to which your access has been terminated. If you attempt to re-register or otherwise violate this prohibition, the Service provider may take any action permitted under these Terms without notice.
Access to the Services may be provided through an agreement between the Service provider and your employer or a third-party provider. If that agreement expires or terminates, if your employer or its platform instructs that your access be terminated, or if your eligibility can no longer be verified, your access may be terminated without further notice unless you assume all applicable fees, where relevant.
Termination of any Service includes removal of access to such Service and barring of further use. Termination of all Services also includes deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Your Content. Any termination may involve deletion of Your Content from live databases. There is no responsibility for any suspension or termination, including deletion of Your Content.
These Terms may be accessed from countries around the world and may reference Services or Content not available in your country. Such references do not imply future availability. The Services are controlled from the United States. Access from other locations is at your own initiative and you are responsible for compliance with local laws.
All provisions of the Agreement that by their nature should survive termination, including ownership provisions, warranty disclaimers, and limitations of liability, shall survive the termination of Services.
Limitation of Liability
Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful, and nothing in these Terms affects your statutory rights. Certain jurisdictions do not allow the exclusion of implied warranties or certain types of damages; in such jurisdictions, some exclusions or limitations may not apply.
ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY STATED IN THESE TERMS ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED), TITLE, NON-INFRINGEMENT, ANY IMPLIED INDEMNIFICATION OBLIGATIONS, AND ANY WARRANTIES ARISING FROM TRADE USAGE OR CUSTOM. THERE IS NO GUARANTEE REGARDING THE ADEQUACY, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE SERVICES, OR THAT THEY WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE FROM MALWARE OR CORRUPTION. ALL SERVICES AND COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE IS AT YOUR OWN RISK. NO OPINION, ADVICE, OR STATEMENT BY ANY REPRESENTATIVE, PROVIDER, OR USER CREATES ANY WARRANTY OR OBLIGATION. EXCEPT AS STATED IN THE APPLICABLE PRIVACY POLICY, THERE IS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT, COMMUNICATIONS, OR PERSONALIZATION SETTINGS.
THE SERVICES DO NOT PROVIDE MEDICAL ADVICE AND DO NOT CONSTITUTE THE PRACTICE OF MEDICINE, BEHAVIORAL HEALTH, OR THE PROVISION OF HEALTHCARE DIAGNOSIS OR TREATMENT; THE CREATION OF A PHYSICIAN–PATIENT OR CLINICAL RELATIONSHIP; OR ANY ENDORSEMENT OF ANY MEDICAL PRODUCT OR SERVICE. ALL CONTENT IS INFORMATIONAL AND NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU SHOULD CONSULT A MEDICAL PROFESSIONAL WITH ANY QUESTIONS ABOUT MEDICAL CONDITIONS OR TREATMENT AND SHOULD NOT DELAY SEEKING SUCH ADVICE BASED ON SERVICE CONTENT. THE SERVICES ARE NOT INTENDED FOR CRISIS OR EMERGENCY USE; IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER.
CERTAIN OFFERINGS MAY INCLUDE HEALTH, FITNESS, WELLNESS, MINDFULNESS, MEDITATION, OR YOGA CONTENT INTENDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. NO CLAIMS OR GUARANTEES ARE MADE REGARDING PHYSICAL OR THERAPEUTIC BENEFIT. YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING ANY SUCH PROGRAM. YOU AFFIRM THAT YOU ARE MEDICALLY ABLE TO PARTICIPATE, UNDERSTAND THE RISKS INVOLVED, AND SHOULD DISCONTINUE ANY ACTIVITY THAT CAUSES DISCOMFORT OR ADVERSE SYMPTOMS. YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM FOR INJURY OF ANY KIND ARISING FROM PARTICIPATION.
The Services may require or integrate with third-party products, applications, websites, advertisements, platforms, data, or providers (“Third-Party Services”). Third-Party Services are not controlled, reviewed, approved, monitored, endorsed, warranted, or represented, and are provided only as a convenience. You use all Third-Party Services at your own risk. Once you leave the Services, these Terms no longer govern, and you are subject to the terms and privacy policies of the applicable third party. You should review applicable third-party terms and policies before any transaction. The availability of applications and Services may depend on third-party app stores. These Terms are between you and the Service provider, not the app store, which is not responsible for the Services. App stores may require additional fees, use of a wireless network, or compliance with their terms. App stores and their subsidiaries are third-party beneficiaries of these Terms and may enforce them. You are responsible for all fees and for complying with any third-party terms required to use Third-Party Services.
To the fullest extent permitted by law, there is no liability for any indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, revenue, or data; loss of production or use; business interruption; or procurement of substitute goods or services, whether based on warranty, contract, tort (including negligence), strict liability, product liability, copyright, or any other legal theory, even if advised of the possibility of such damages. This includes damages arising out of or related to: (a) use or inability to use the Services; (b) the cost of procurement of substitute goods or services; (c) unauthorized access to or alteration of transmissions or data; (d) statements or conduct of any third party; or (e) any other matter related to the Services.
IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO STOP USING THEM.
To the fullest extent permitted by law, total aggregate liability for all claims will not exceed the greater of: (i) the total amount paid by you during the one-month period immediately preceding the event giving rise to liability; (ii) $100; (iii) the annual amount paid or payable on your behalf prorated for your use (if access is employer-sponsored); or (iv) $1,000. These limitations do not apply in cases of gross negligence, willful misconduct, or where bodily injury is caused.
The limitations of damages are fundamental elements of the basis of the bargain underlying these Terms.
Accounts of users who repeatedly infringe copyright may be terminated. Copyright takedown notices must include the required statutory information and be sent to:
Rethink Autism, Inc. Attn: Copyright Agent 49 West 27th Street, 8th Floor, New York, NY 10001 OR fax to: (646) 257.2926 Attn: Rethink Autism, Inc. Copyright Agent OR email to [email protected]
Indemnification
You agree to indemnify and hold harmless all parties involved in providing the Services, including their parents, subsidiaries, affiliates, officers, directors, equity holders, employees, agents, representatives, partners, suppliers, and licensors, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising directly or indirectly out of or from:
The Services provider reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to indemnification by you. If such defense is assumed, you agree to fully cooperate in the assertion of any available defenses.
This indemnification obligation does not require you to indemnify any party for unconscionable commercial practices or for fraud, deception, false promise, misrepresentation, concealment, suppression, or omission of any material fact in connection with the Services.
You agree that the provisions in this section will survive termination of your Account, these Terms, and your access to the Services. You also agree to cooperate fully in any inquiry concerning actual, alleged, or potential violations of these Terms.
Other Important Terms
We are based in New York State and therefore, the Terms are governed by and interpreted in accordance with the laws of the State of New York. THESE TERMS ARE NOT GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS OR BY THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, BOTH OF WHICH ARE EXPRESSLY DISCLAIMED. GENERAL PROVISIONS
You may not use, export, import, or transfer Rethink Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Rethink Properties, and any other applicable laws. In particular, but without limitation, Rethink Properties may not be exported or re-exported (a) into any United States embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Rethink Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use Rethink Properties for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by Rethink are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Rethink products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
If there is a legal dispute, we are based in New York State and therefore, the Terms are governed by and interpreted in accordance with the laws of the State of New York. These Terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods or by the Uniform Computer Information Transactions Act, and both are expressly disclaimed.
In connection with any dispute or litigation arising out of or relating to the Terms, you consent to the exclusive jurisdiction and venue in New York State courts located in the County of New York, in the borough of Manhattan and in the federal courts located in the Southern District of New York.
We will be allowed to bring action against you in any jurisdiction.
Circumstances Outside Our Control
The Service provider is not liable for delays or failures in performance caused by acts of God, unforeseen circumstances, or other causes beyond reasonable control.
Survival
All sections of these Terms that by their nature survive termination—including those relating to proprietary rights, disclaimers, limitations of liability, waiver, indemnification, and dispute resolution—will continue in full force and effect.
Severability
If any provision of these Terms is held unenforceable by a court in an applicable jurisdiction, that provision shall be deleted to the minimum extent necessary, and the remainder of these Terms will continue in full force and effect. Any such interpretation applies only within the jurisdiction in which it was made.
No Waiver
No waiver of any term or condition will be deemed a further or continuing waiver of such term or condition or any other term or condition. Failure to assert any right under these Terms does not constitute a waiver of that right.
Notifications, Communications, and Contact Information
You may be notified of certain changes, including material modifications to these Terms or to the Services, by placement of a notice across Service pages. Notices may also be provided by email, telephone, or postal mail.
By entering into these Terms or using the Services, you agree to receive communications via e-mail, text messages, calls, and push notifications. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems. Communications may include, but are not limited to, operational communications concerning your Account and Services or the use of the platform. Standard text messaging charges applied by your mobile carrier may apply. ) You agree that all terms and conditions, agreements, notices, disclosures, and other communications that RethinkCare provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.
You hereby release Rethink Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of or participation in any Services and any interactions with or conduct of Consultants, Coaches, Caregivers or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Rethink Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights, and actions of any kind, including personal injuries, death, or property damage for any unconscionable commercial practice by a Rethink Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website [or any Services provided hereunder.
If you have any questions relating to these Terms, the Services, or any related products or services, please contact:
If you have any reason for a complaint, please contact:
Rethink will endeavor to resolve the issue.
You agree that the only way to provide legal notices is by writing to the address below.
Rethink First
49 W. 27th St., 8th Fl.
New York, NY 10001
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at:
1625 North Market Blvd., Suite N112
Sacramento, CA 95834
or by telephone at: (800) 952-5210.
Effective Date. This version of the Terms is effective as of May 31, 2024.