Terms & Conditions

Terms and conditions

 

Welcome to Float! We are excited to provide a platform that will help make quality mental healthcare more accessible and affordable. Theseterms provide you with critical information. The following terms and conditions constitute an agreement between you and Afford Health, Inc. D/B/A Float(“Afford Health”, “Float,” “we,” or “us”)

 

BY USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT. YOU ALSO AGREE TO RESOLVE ANY DISPUTE THAT YOU MAYHAVE WITH US OR THE SERVICES IN THE STATE OF DELAWARE. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES. Please note that we offer theServices “AS IS” and without warranties.

 

You acknowledge that although some Content may be provided by mental health professionals and health insurance carriers, the provision ofsuch Content does not create a professional/client relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but isprovided to assist you in fully accessing your insurance benefits(collectively, “Benefits”). “Content” means content, text, images, photographs,video, audio, information, suggestions, guidance, and other materials provided,made available or otherwise found through the Services and/or Site, including,without limitation, Content provided in direct response to your questions orpostings. YOU ARE RESPONSIBLE FOR CHOOSING THE BEST WAY TO ACCESS YOUR HEALTHINSURANCE BENEFITS. Afford Health, Inc. makes reasonable efforts to provideaccurate information and guidance on what your Benefits will cover for aclinician visit, but we are not liable. In addition, we make reasonable effortsto ensure that Mental Health Professionals only participate in the Services ifthey hold all active licenses required by law to practice the specialties ofthe services offered by them. This means we rely exclusively on Government Agencies.

 

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITHACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE,QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENTSHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKENBY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAYENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THESERVICES.

 

For any optional Services we may provide, we may charge a fee for the work required and the risk assumed, but you are still responsiblefor all other mental healthcare expenses not explicitly assumed by Float.Usual, customary and any other charges for any therapy or related servicesrendered by will apply and will be entirely your responsibility.

 

DISCLAIMER of Warranties

 

We started Afford Health, Inc. in order to make mentalhealthcare more easily accessible.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, FLOAT AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, ASSIGNS, LICENSORS

AND SUPPLIERS INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS (COLLECTIVELY, THE “FLOAT”) EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE WEBSITE OR THE SERVICES.

 

You acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Site and/or the Services, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired, you having not acquired, or your use of Content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services.

 

WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THEMAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES,INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE,INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES AREMERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSEOR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BEOBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATEOR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESSOR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMESOR LOCATIONS OF YOUR CHOOSING. THE ACCURACY, RELIABILITY, TIMELINESS ORCOMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATAOR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES IS DEPENDENT UPON THEDATA THAT IS AVAILABLE TO US, AND WE MAKE NO WARRANTIES ABOUT ITS ACCURACY.EXCEPT AS EXPRESSLY SET FORTH HEREIN, AFFORD HEALTH, INC. MAKES NO WARRANTIESABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGHTHE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OFSENSITIVE INFORMATION. AFFORD HEALTH, INC. DOES NOT WARRANT THAT THE SITE ORTHE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSSOF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OFCOMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and otheraffiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to (a) your use of the Siteand/or Services, or (b) the violation of this Agreement (including withoutlimitation the Terms of Use, the Acceptable Use Policy, and the AdditionalTerms), or of any intellectual property or other right of any person or entity,by you or any person using your Credentials. The foregoing indemnificationobligation does not apply to liabilities, claims and expenses arising as aresult of our own gross negligence or intentional misconduct.

 

Choice of Law; Arbitration Clause and Class Action Waiver

 

This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State ofDelaware as applied to contracts made and to be performed entirely within Delaware, without giving effect to the state’s conflicts of law statute.

 

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITHUS, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THIS AGREEMENT, YOUR USEOF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BYBINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’SRULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. Neither you nor we will participate in a classaction or class-wide arbitration for any claims covered by this Agreement toarbitrate. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVEOR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You alsoagree not to participate in claims brought in a private attorney general orrepresentative capacity, or consolidated claims involving another person’s account,if we are a party to the proceeding. This dispute resolution provision will begoverned by the Federal Arbitration Act and not by any state law concerningarbitration. Judgment on the award rendered by the arbitrator may be entered inany court having competent jurisdiction. Any provision of applicable lawnotwithstanding, the arbitrator will not have authority to award damages,remedies or awards that conflict with these Terms of Use or the Agreement.

 

Acceptanceof Agreement

 

Please carefully review this Agreement before using the website or the Services, or accessing or

submitting any data thereon. If you do not agree to these terms, you may not access or use the website or the Services.

To use the website or the Services and to accept this Agreement,you must be 1) a legal resident of the United States, 2) of legal age to form a binding contract with Float, 3) not prohibited by law from using the website or the Services.

 

To access Float’s Services you must create a user account.This process will include creation of a Login ID and password to access theServices. When you sign up for a user account, you agree to provide accurate,current and complete information—such as your name, mailing address, and emailaddress, health insurance and payment information –as may be prompted by any registration forms available through the website or mobile application, inconnection with the Services or as otherwise requested by Float (“UserInformation”). You further represent that you are a legal owner of, and thatyou are authorized to provide us with, all User Information and otherinformation necessary to facilitate your use of the Services.

 

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