Marvin Behavioral Health Terms of Use
Effective: February 13, 2022
These Terms of Use (“Terms”) govern your access to and use of Marvin Behavioral Health, Inc.’s (“Marvin,” us,” “we”) website at https://meetmarvin.com (the “Website”) and our mobile applications and services that (i) allow you to access videos and other information provided by Marvin and tele-therapy services provided by Marvin, Marvin Behavioral Health MA, Inc. and other professional corporations affiliated with Marvin (together, “Marvin Behavioral”) and their contracted therapists, (ii) provide support in scheduling therapy sessions, and (iii) enable you to pay for services provided by Marvin and Marvin Behavioral (collectively, the “Services”). You agree that by visiting the Website or by registering or using the Services, you are entering a legally binding agreement with Marvin, located at 1613 Chelsea Rd PMB 3257, San Marino, CA 91108, based on the Terms, the Privacy Policy, and Informed Consent which are hereby incorporated by reference (collectively referred to as the “Agreement”). Your access to and use of the Services are conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Services you agree to be bound by the Agreement.
1. Basic Terms
Marvin is a technology platform that facilitates your access to behavioral health services provided by licensed psychiatrists, psychologists, independent clinical social workers, professional counselors, and other types of licensed therapists (“Therapists”) through telehealth technologies. The Therapists are contracted by Marvin or Marvin Behavioral to provide behavioral and mental health therapy services through the Website and our mobile applications. In many cases, Marvin is not a health care provider or therapy provider and is not responsible for the acts or omissions of the Therapists. You acknowledge that you are not entering into a medical or therapy relationship with Marvin, and that Marvin is not liable for any advice, therapy, or treatment you receive by the Therapists or for any consequences, injury or harm that may result therefrom.
THE SERVICES ARE NOT INTENDED FOR MEDICAL EMERGENCIES. IF YOU ARE HAVING A MEDICAL EMERGENCY OR ARE THINKING OF HARMING YOURSELF OR OTHERS, PLEASE DIAL 911 OR GO IMMEDIATELY TO THE EMERGENCY ROOM. MARVIN, MARVIN BEHAVIORAL AND THEIR THERAPISTS HAVE THE RIGHT TO CONTACT EMERGENCY SERVICES IF THEY BELIEVE THAT YOU POSE AN IMMINENT RISK OF HARM TO YOURSELF OR A THIRD PERSON.
EXCEPT FOR SERVICES PROVIDED BY A THERAPIST, THE SERVICES ARE NOT INTENDED TO BE USED FOR SELF-DIAGNOSIS OR MEDICAL ADVICE, AND THE SERVICES SHOULD BE USED ONLY IN CONNECTION WITH SERVICES RECEIVED BY A THERAPIST.
The Services are available only in certain states. You must be located in one of the states where we provide services in order to access and use the Services.
If you are a Therapist using the Services you are expressly representing that: (i) you are fully licensed and otherwise qualified to provide the requested services (or, if you are a student, that you have agreed to the supervision by a licensed therapist assigned by Marvin); (ii) your provision of advice or other services is in accordance with all applicable laws, including without limitation, laws related to patient privacy or confidentiality such as HIPAA; (iii) you are fully responsible for the consequences of any advice or information you provide on the Services to the same extent as if you provided the advice or information directly to the client in person or in any other setting; and (iv) your provision of advice or information will be professional, competent and in line with the standards of care and best practices in your industry.
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Marvin and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may not use the Services for any reason. Please contact us if you are aware that a person under 18 is using the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Marvin may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Marvin granting you access to and use of the Services, you agree that Marvin, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.
2. Pricing for Services
You may submit an online form to request pricing for therapy services. The online form will request information, such as what type of therapy you are interested in, what state you are located in, what insurance you have, and whether the therapy services are made available through your employer. Upon review of your form, Marvin will notify you of the pricing for your therapy services (“Price Quote”). The price quoted covers the therapy service, a Website platform fee, and sales or similar taxes that may be imposed on your payments.
Federal and state federal healthcare programs, such as Medicare and Medicaid (“Federal Programs”), do not cover or pay for the Services, including your therapy sessions. Marvin and Marvin Behavioral do not submit claims to Federal Programs for Services provided to you. If you are eligible for or participate in a Federal Program, you acknowledge and agree that you are solely responsible for the cost of any Services provided to you and that no claims for payment will be submitted to Federal Programs on your behalf.
If you have commercial health insurance that includes behavioral health services, and Marvin and/or Marvin Behavioral is in network or out of network with your insurance, then we will charge any applicable co-pays or other co-insurance and submit a claim for payment to your insurance. We will ask you for your insurance information so that we can verify your insurance coverage and submit claims to insurance. The Price Quote will show the amount of any applicable co-pays, deductibles, or other co-insurance amounts.
In some cases, your employer makes the Services available to you. In that case, we will charge you or your employer in accordance with our agreement with your employer, which will be shown in your Price Quote.
3. Registering for an Account
You must create a user account in order to use the Services by registering through the Website and providing us with accurate and complete information as requested (“Registration”). You must update your Registration to keep it accurate and complete. By entering your payment information and submitting your request, you authorize us and our third-party payment processors to charge the amount in the Price Quote. Marvin collects professional fees charged by Marvin Behavioral on its behalf and passes the applicable amounts on to Marvin Behavioral.
Upon completion of your Registration, we will assign you a Therapist who is licensed to provide therapy in the state where you are located. You may request at any time that we assign you a different Therapist. The Therapists will not prescribe medications. By entering your payment information and submitting your request, you authorize us and our third-party payment processors to charge the amount due.
4. Privacy
Any information that you provide to Marvin is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information within the United States and/or to other countries for storage, processing and use by Marvin. As part of the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Marvin account, which you may not be able to opt-out from receiving.
5. Passwords
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Marvin account. Marvin cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or a name or trademark that is subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
6. Content on the Services
Please be aware that Marvin does not verify the accuracy of any information available on the Website or through the Services. Any use or reliance on any information you obtained through the Services is at your own risk. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Marvin be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You agree not to transmit any content on the Services that:
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Is harassing, impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
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Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
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Is a direct and specific threat of violence to others;
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Violates any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening;
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Is furtherance of illegal activities; or
Is abusive, or constitutes spam.
6. Content on the Services
Please be aware that Marvin does not verify the accuracy of any information available on the Website or through the Services. Any use or reliance on any information you obtained through the Services is at your own risk. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Marvin be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You agree not to transmit any content on the Services that:
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Is harassing, impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
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Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
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Is a direct and specific threat of violence to others;
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Violates any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening;
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Is furtherance of illegal activities; or
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Is abusive, or constitutes spam.
7. Marvin Rights
Subject to the terms of the Agreement, Marvin grants to you a limited and nonexclusive license (without the right to sublicense) to access and use the Services as provided herein.
All right, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of Marvin and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Marvin reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Marvin, or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions On Use Of The Services
We reserve the right at all times (but will not have an obligation) to suspend and or terminate users or reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Marvin’s computer systems, or the technical delivery systems of Marvin providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Marvin (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Marvin (NOTE: scraping the Services without the prior consent of Marvin is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
9. Ending These Terms
The Terms will continue to apply until terminated by either you or Marvin as follows.
You may end your legal agreement with Marvin at any time for any reason by deactivating your account and discontinuing your use of the Services. In order to deactivate your account, please contact us at user-success@meetmarvin.com.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination.
Nothing in this section shall affect Marvin’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
10. Disclaimers, Limitations of Liability and Indemnity
Please read this section carefully as it limits the liability of Marvin, Marvin Behavioral, and each of their parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Marvin Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE MARVIN ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Marvin Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of Marvin users or Therapists, including without limitation, any advice, recommendations, treatment plans or other information provided by a Therapist during a therapy session; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the Marvin Entities or through the Services, will create any warranty not expressly made herein. TO THE EXTENT LEGALLY PERMITTED, YOU EXPRESSLY RELEASE THE MARVIN ENTITIES FROM ANY AND ALL LIABILITY FOR ANY DAMAGES, SUITS, CLAIMS, PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE THAT MAY ARISE FROM OR RELATE TO ANY ACTS OR OMISSIONS OF MARVIN, MARVIN BEHAVIORAL OR THE THERAPISTS IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, THE PROVISION OF THERAPY SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU 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.”
Some of Marvin’s and Marvin Behavioral’s shareholders, directors, officers, contractors, or employees have a financial interest in Marvin and may profit from your use of Marvin’s Services and the provision of Services to you. For example, Dr. Aparna Atluru, President of Marvin Behavioral, is Marvin’s chief medical officer and receives compensation from Marvin for her services, including equity interests in Marvin.
B. Links
The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the Marvin Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MARVIN ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE MARVIN ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID MARVIN, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.
TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE MARVIN ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
D. Indemnification
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Marvin Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) any information, advice, treatment recommendations or other content you transmit via the Services; (2) your failure to comply with the Terms, including without limitation, your obligations and representations provided in Section 1; (3) your interactions with any other Marvin user; (4) your use or disclosure of information, including without limitation, personal information or medical information you learned about on or through the Services; and (5) any activity in which you engage on or through the Services.
11. General Terms.
A. Waiver and Severability
The failure of Marvin or Marvin Behavioral to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in Los Angeles County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against Marvin related to your use of the Services on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
C. Entire Agreement
These Terms, our Privacy Policy, and your Informed Consent are the entire and exclusive agreement between Marvin and you regarding the Services (excluding any service for which you have a separate agreement with Marvin that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Marvin and you regarding the Services.
We may revise these Terms from time to time, the most current version will always be at meetmarvin.com. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 9 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us via: user-success@meetmarvin.com.