Thru, Inc. General Website Terms of Use

Last Modified: August 8, 2022

Welcome to Thru, Inc. (“Company,” “we,” or “us”)! Please read the following Thru, Inc. General Terms of Use carefully as it applies to your use of thru.health (the “Website”) and all the services and content offered to you through this Website, the mobile versions thereof, and any other platforms or technologies associated therewith.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. The Website and the services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Website. If you believe you have an emergency, call 9-1-1 immediately. If you are experiencing suicidal or self-harm thoughts or tendencies, you should immediately call the National Suicide Hotline at 1-800-273-8255.

Table of Contents

1. Acceptance of the Terms of Use
2. Health Information Disclaimer
3. Risk of Telepsychology and Telehealth Services
4. Prescription Policy
5. Not an Insurance Product
6. Changes to the Terms of Use
7. Accessing the Website and Account Security
8. Fees
9. Intellectual Property Rights
10. Trademarks
11. Prohibited Uses
12. Monitoring and Enforcement; Termination
13. Reliance on Information, Content, and Materials Posted
14. Changes to the Website
15. Information about You and Your Visits to the Website
16. Linking to the Website and Social Media Features
17. Links from the Website
18. Geographical Restrictions
19. Disclaimer of Warranties
20. Limitation of Liability
21. Indemnification
22. Governing Law and Jurisdiction
23. Limitation on Time to File Claims
24. Notices
25. Waiver and Severability
26. Entire Agreement
27. Your Comments and Concerns

1. Acceptance of the Terms of Use.

The Thru, Inc. General Terms of Use are entered into by and between You and Company. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “TOU”), govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

Please read the TOU carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the TOU when this option is made available to you, you accept and agree to be bound and abide by these TOU and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these TOU or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Website.

2. Health Information Disclaimer.

Company’s approach through this Website is educational and informational in nature only and should not be construed as a substitute for medical, therapeutic, or other professional advice. All content is general in nature and for informational purposes only. Company does not, and does not through its Website, offer medical or therapeutic advice, nor provide medical prescriptions, treatments, or diagnostic services. Accordingly, you should seek out advice from qualified doctors, therapists, or other professionals before relying solely on Company’s suggested use of this Website and the audiovisual materials contained thereon. By using this Website, you acknowledge and agree to take full and total personal responsibility for your actions and decisions. 

Further, this Website is neither intended to create nor does it create a doctor-patient relationship between you and Company or any employees or contractors acting on its behalf. A doctor-patient relationship with Company cannot be formed by reading the information available on this Website or viewing various audiovisual works through this Website. The information and audiovisual works provided on this Website is not intended to constitute medical or therapeutic advice or to be a substitute for obtaining medical or therapeutic advice from a licensed doctor or therapist in your location. Accordingly, you should not communicate information to Company or its employees and contractors that you view as confidential or private, including protected health information (“PHI”) as that term is defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) until such a relationship has been established.

Based on the foregoing, Company does not assume any liability or responsibility for damage or injury (including, without limitation, bodily injury, personal injury, temporary or permanent disability, or death) to you, other persons, or property arising from any use of any product, service, information, idea, or instruction related to your use of the Website.

You should seek emergency help or follow up care when recommended by your healthcare provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

3. Risks of Telepsychology and Telehealth Services.

The Company contracts with a network of independent healthcare professionals (“Counselors”) that provide intensive outpatient care via separate Thru applications and online interfaces to their patients administered through Healthie Inc. (https://www.gethealthie.com/), and not through this Website. These Counselors are neither our employees nor agents nor representatives. And our services is limited to enabling you to find and select a Counselor with which to work. If you feel the Counselor provided to you does not fit your needs or expectations, you may change to a different Counselor who also provides intensive outpatient care. If a Counselor with whom you have connected stops contracting with the Company, we will send an email notification that your Counselor is no longer providing the services and provide you with an opportunity to match with a new Counselor.

We require every Counselor trained, experienced, actively licensed, and in good standing with their licensing body in the state in which they practice. The acceptable Counselor must be an accredited, trained, and experienced licensed medical doctor (M.D.), licensed psychologist (PhD / PsyD), licensed marriage and family therapist (LMFT), licensed clinical social worker (LCSW), licensed professional counselor (LPC), certified drug and alcohol counselor, or similar applicable recognized professional certification based on their state and/or jurisdiction. 

By using the Website, you acknowledge the potential risks associated with telehealth and telepsychology services. These include, without limitation, the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or psychological care decision making by the Counselor; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in judgment errors; or although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

Accordingly, while we hope that the services are beneficial to you, you understand and agree that they may not be the appropriate solution for your needs and that they may not be appropriate for every situation or a substitute for face-to-face examination.

4. Prescription Policy

Neither Company nor the Counselor shall endorse any specific medication, pharmacy, or pharmacologic product. Counselor’s do not provide or prescribe medications or pharmacological products, including any DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Counselors reserve the right to deny care for actual or potential misuse of the services.

5. Not an Insurance Product

Thru is not an insurer. The services are not insurance products, and the amounts you pay to Thru or the Counselors are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately through a licensed healthcare insurance broker.

6. Changes to the Terms of Use.

We may revise and update these TOU from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised TOU means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

7. Accessing the Website and Account Security.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both: (a) making all arrangements necessary for you to have access to the Website, and (b) ensuring that all persons who access the Website through your internet connection are aware of these TOU and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these TOU.

8. Fees.

You agree to pay all fees and charges associated with your account on a timely basis. If you have any questions or concerns regarding a payment, please contact us immediately by sending an email to support@thru.health. We will evaluate your matter on a case-by-case basis and, at our discretion, take steps to resolve any payment matters.

9. Intellectual Property Rights.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, graphics, photographs, pictures, illustrations, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark and service mark, patent, trade secret, and other intellectual property or proprietary rights laws.

These TOU permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
3. You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
5. If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

1. Modify copies of any materials or content from this site.
2. Use any illustrations, photographs, video, or audio sequences, or any graphics separately from the accompanying text.
3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
4. Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@thru.health.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the TOU, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these TOU is a breach of these TOU and may violate copyright, trademark, and other laws.

10. Trademarks.

The Company name, the term “Thru,” the Thru design, and all related names, logos, slogans, taglines, product and service names, and designs are trademarks and service marks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks and service marks of their respective owners.

11. Prohibited Uses.

You may use the Website only for lawful purposes and in accordance with these TOU. You agree not to use the Website:

1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
3. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
4. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
2. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
3. Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these TOU, without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of the Website.
5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website (including other user accounts and user information), the server on which the Website is stored, or any server, computer, or database connected to the Website.
7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
8. Otherwise attempt to interfere with the proper working of the Website.

12. Monitoring and Enforcement; Termination.

We have the right to: Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these TOU; and take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

13. Reliance on Information, Content, and Materials Posted.

The information, content, and materials presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

14. Changes to the Website.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

15. Information about You and Your Visits to the Website.

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

16. Linking to the Website and Social Media Features.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent in each and every instance.

Subject to the foregoing, you must not:

1. Establish a link from any website that is not owned by you.
2. Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
3. Link to any part of the Website other than the homepage.
4. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these TOU.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

17. Links from the Website.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only and does not imply endorsement by Company of the linked website. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

18. Geographic Restrictions.

The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

19. Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation on Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, COUNSELORS, SERVICE PROVIDERS, MANAGERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE IN THE LAST TWELVE (12) MONTHS OUT OF WHICH LIABILITY AROSE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

21. Indemnification.

To the greatest extent allowed by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, Counselors, and service providers, and its and their respective officers, directors, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these TOU or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these TOU, or your use of any information obtained from the Website.

22. Governing Law and Jurisdiction.

All matters relating to the Website and these TOU, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these TOU or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these TOU in your jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

23. Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TOU OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

24. Notices

California Residents: 

The Board of Behavioral Sciences receives and responds to complaints regarding services provided within the scope of practice of psychologist, marriage and family therapists, clinical social workers, or professional clinical counselors. You may contact the board online at https://www.bbs.ca.gov/consumers/consumer_complaints.html, or by calling 916.574.7830.

The Medical Board of California receives and responds to complaints regarding services provided within the scope of medical practices. You may contact the board online at https://www.mbc.ca.gov/Consumers/File-a-Complaint/complaint-process.aspx, or by calling 800.633.2322.

The California Board of Registered receives and responds to complaints regarding services provided within the scope of registered nursing and certified advanced practice nursing. You may contact the board online at https://www.rn.ca.gov/enforcement/complaint.shtml, or by calling 916.557.1213.

25. Waiver and Severability.

No waiver by the Company of any term or condition set out in these TOU shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these TOU shall not constitute a waiver of such right or provision.

If any provision of these TOU is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOU will continue in full force and effect.

26. Entire Agreement.

The TOU and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

27. Your Comments and Concerns.

This website is operated by Thru, Inc. mailing address: 1000 Quail Street, Suite 188, Newport Beach, California 92660.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@thru.health.