Effective: April 1, 2024.
Welcome to Onward! Thank you for making an effort to prioritize your mental wellbeing.
Important Notice: If you have thoughts of suicide or of harming yourself or others, or if you feel that other person may have such thoughts, you must immediately contact the National Suicide Prevention Hotline at 1-800-273-8255 or 988. If you feel that you or someone may be in danger or if you or someone has any medical emergency, you must call 911 immediately or other relevant emergency service numbers, notify the relevant authorities, and seek immediate in-person assistance. Onward is not a medical service or crisis hotline. Onward displays the suicide hotline in several prominent locations on the website or in the app for mental health emergencies which we implore all users of this site to use when faced with an immediate or emergent crisis.
If you’re experiencing severe emotional distress, the resources below provide free and confidential support 24/7.
If this is an emergency, call 911.
Suicide Prevention Hotline: 1-800-273-8255; or Call 988
Crisis Text Line: Text HOME to 741741
Please read the following Terms of Service carefully
The following are the Terms of Service (the "Terms") which govern your access and use of our online platform through which mental wellness counseling may be provided. Onward, a Delaware Limited Liability Company, owns and operates the website www.togetheronward.com (the “Website”), the Onward mobile app (the “Platform”), and other digital products and services (collectively, the “Services”). Onward (“we”, “our”, “us”, “Onward”) connects you with a licensed mental health professional, (the “Counselor”), who will provide counseling services (the “Counseling Services”) to you via the Platform. By accessing or using the Services, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Services. The terms “you", "your,” and “yourself” refer to the individual user of the Services.
The Terms provide important information, including our limitation of liability, your waiver of any right to participate in a class action, and your agreement to resolve any disputes between you and Onward by binding individual arbitration. By using the Services, you agree to be bound by these Terms.
By using the Services, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
Onward is a platform for mental wellness services. Onward is not a medical or healthcare service provider. All information and content, including text, graphics, images and information, contained on or available through the Services is for general information purposes only and is not intended or implied to be a substitute for professional medical advice, diagnosis, treatment, or recommendations of any kind by Onward. Onward makes no representation and assumes no responsibility for the accuracy of information or content contained on or available through the Services, and such information and content is subject to change without notice. All such information and content provided by Onward or in connection with any communications supported by Onward is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. You are encouraged to confirm any information obtained from or through the Services with other sources and review all information regarding any medical condition or treatment with your physician. You shall always seek the advice of your qualified healthcare professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICES.
Onward does not recommend, endorse, or make any representation about the efficacy, appropriateness, or suitability of any specific tests, practices, products, procedures, treatments, opinions, health care providers, or other information that may be contained on or available through the Services. Your interactions with a Counselor are not intended to replace your relationship with your regular health care practitioners or primary care physician. ONWARD IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR ANY OTHER THIRD-PARTY INFORMATION, SERVICE, OR PRODUCTS THAT YOU OBTAIN THROUGH THE SERVICES.
You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms and you agree to be bound by these Terms.
You agree to provide “Emergency Contact Information” (name and telephone number) for your personal contact and/or a close family member/relation to be used in case of a mental health crisis or other emergencies where knowledge of your location is crucial and you agree to obtain their consent before providing their Contact Information to your Counselor. Your emergency contact information can be updated in your profile information section through the Platform.
You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of the information you provide regarding your legal name, age, residence, and Emergency Contact Information and that the Services are relying upon this certification in order to interact with you and provide the service.
By using the Services, you agree to these Terms and acknowledge the terms of the Notice of Privacy Practices and you acknowledge that we handle the information you provide us in accordance with our Privacy Policy.
Limited License. Subject to your complete and ongoing compliance with these Terms, Onward grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Services obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Services.
Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Services; (b) make modifications to the Services; or (c) interfere with or circumvent any feature of the Services, including any security or access control mechanism. If you are prohibited under applicable law from using the Services, you may not use it.
Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services, then you hereby grant Onward an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the feedback in any manner and for any purpose, including to improve the Services and create other products and services.
Ownership. The Services are owned and operated by Onward. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (“Materials”) provided by Onward are protected by intellectual property and other laws. All Materials included in the Services are the property of Onward or its third-party licensors. Except as expressly authorized by Onward, you may not make use of the Materials. Onward reserves all rights to the Materials not granted expressly in these Terms.
You agree not to access or use the Services in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store, or transmit any of the following:
You shall not attempt to disrupt the operation of the Services by any method, including through the use of viruses, Trojan horses, worms, time bombs, keystroke logger, spyware, adware, denial of service attacks, flooding, or spamming. You shall not use the Services in any manner that could damage, disable, or impair the Services. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining, or any other means. You shall not use any robot, scraper, malicious code, or other means to access the Services for any purpose. Neither Onward nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Services.
If you download the app Platform, you agree that from time to time, the software may require that you download upgrades, updates, and additional features we publish in order to improve, enhance, and further develop the software, Services, or app Platform.
To the fullest extent permitted by law, you are responsible for your use of the Services, and you will defend and indemnify Onward, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and advisors from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. ONWARD DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ONWARD DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND ONWARD DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ONWARD OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE ONWARD OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
Neither Onward, nor any of its subsidiaries or affiliates or any third party who may promote the Services or provide a link to the Services, shall be liable for any information or advice obtained from a Counselor via the Services, nor any information obtained on the Services. Onward does not recommend or endorse any specific tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any information delivered by a Counselor via the Services is solely at your own risk and you assume full responsibility for all risks associated herewith. Onward does not make any representations or warranties about the training or skill of any Counselor who delivers services via the Services.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 9 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Onward does not disclaim any warranty or other right that Onward is prohibited from disclaiming under applicable law.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ONWARD ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ONWARD ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 9 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ONWARD ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO ONWARD FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ARBITRATION NOTICE: YOU AND ONWARD EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, GROUP, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND ONWARD EACH WAIVE ANY RIGHT TO A JURY TRIAL. YOU AND ONWARD ALSO BOTH AGREE THAT NOTWITHSTANDING OUR AGREEMENT TO ONLY ARBITRATE DISPUTES AS STATED ABOVE, YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
You agree that any dispute or claim arising out of your use of the Services, including any dispute or claim as to the application, enforceability, scope, or interpretation of these Terms or this agreement to arbitrate, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration will take place by phone or videoconference, unless an in-person hearing is requested by either party. In that case, the hearing will take place in the state where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if you and Onward agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the state and federal courts located in New York City, New York, and you and we hereby submit to the personal jurisdiction and venue of these courts. You and Onward agree that if for any reason a dispute proceeds in court rather than arbitration: (1) you and Onward waive any right to a jury trial; (2) the dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Onward may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.
This agreement to arbitrate will not preclude you or Onward from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Onward from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any state or federal court for disputes related to a violation or possible violation of Onward’s intellectual property rights.
Thirty-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: info@togetheronward.com. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes according to these Terms. If you opt out of these arbitration provisions, Onward also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Onward may terminate your use of the Services.
The Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws, rules, or principles.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ONWARD MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ONWARD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.
Except as prohibited under applicable law, Onward may at its sole discretion provide a full, partial, or pro-rated refund for services rendered.
Onward reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. Onward will have no liability for any change to the Services or any suspension or termination of your access to or use of the Services.
Onward may suspend or terminate access to the Services, including fee-based portions of the Services, for any account for which any amount is due but unpaid. In addition to the amount due for the Services, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
For any questions you might have about the above Terms, please email info@togetheronward.com.