Effective Date: June 23, 2020
Expressable, Inc. (“Expressable,” the Company”, “we”, “our” or “us”) provides this platform through our application, or through a third party application (the “Application”) for your personal use only. Use of the Application and our website at expressable.io (collectively, the “Services”) is governed by these terms and conditions of use (the “Agreement”). Although accessible by others, the Services (which include content) are intended for access and use only by U.S. customers. Please read this Agreement carefully before accessing or using the Services.
The Web is an evolving medium. If we need to change the terms of this Agreement in the future, we will post the updated Terms and Conditions through our Application or website and update the “Effective Date” to reflect the date of the changes. You agree to review these Terms and Conditions each time you use the Services so that you are aware of any modifications made to this Agreement. By continuing to access or use the Services after we post such changes, you agree to the terms of this Agreement, as modified
Expressable provides a platform for you to connect with speech-language pathologists and other health care professionals in your area. The platform is also designed to offer information and educational materials about speech disorders and the benefits of therapy.
In states where the corporate practice of speech-language pathology is prohibited, the “Services” as used in this Agreement refers only to our Application, website and related content and does not refer to the telehealth and/or in-person consultations and treatment that users receive from speech-language pathologists or any health care providers through affiliated professional corporations.
To use the Application, you first need to sign up for Expressable’s weekly subscription-based service. When signing up, you are obligated to provide us with certain information, such as your name, address, date of birth, credit card information and the name of your primary care provider (if you have one). You will also be asked to pay for the first session in advance, as discussed in further detail under the Payment section. Upon successful completion of the sign up process, we will provide you with a personal account, accessible for you with a password of your choice.
By using the Application and the Services, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.
The Application connects you to healthcare professionals who have licensed the Application from us and that have engaged us to provide administrative, scheduling, and other operational services. In the event a health care professional agrees to provide you with healthcare services, the Application schedules those services and may bill you on behalf of your healthcare professional. We make no representation or warranty to you any health care professional will be available to perform health care services.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDERS BEFORE DECIDING TO START, ALTER, OR DISCONTINUE ANY COURSE OF CLINICAL TREATMENT OR THERAPY, OR FOR ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION, YOUR DIET, OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. DO NOT USE THE SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER, AND DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED IN CONNECTION WITH OUR SERVICES.
You represent and warrant that the information you provide to us is accurate and complete. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Services at any time for any reason or no reason. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. We are not liable if you do not have a compatible device or if you download the wrong version of the Application for your device.
By accessing or using the Services, you further agree that:
We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.
We reserve the right to require payment for the fees for the Services or certain features of the Services.
We offer different subscription options, each with a varying scope of services and fees. You must select your desired subscription option from the available list on the Expressable website at www.expressable.io/pricing. The terms of your selected subscription option can be found on Expressable’s website at www.expressable.io/pricing. Subscription options may change from time to time, and you will receive at least ninety (90) days’ advance notice of such changes. However, you are entitled to the full scope of your subscription option as it existed as of the effective date of a specific subscription term for the duration of such term. For any subsequent renewal term, you may accept the revised subscription option or reject such option and terminate your subscription. You acknowledge that these rates may be modified or updated at any time. It is your own responsibility to remain informed about the current rates for the Services made available through the Application.
Upon signing up with Expressable, you will be required to pay for the cost of the first session. During your first session, your therapist may suggest a subscription option based on their assessment of you or your child’s needs. However, you may decide what subscription option makes the most sense for you. Please let your therapist know what subscription option you choose and your subscription will be updated accordingly. You will be asked to schedule a mutually available time(s) for recurring weekly session(s) based on your selected subscription option. All subsequent sessions will be automatically billed weekly on a recurring basis.
You will be charged for any session that you do not attend without previously notifying your therapist within 24 hours of a session’s scheduled time. If you were unable to attend a session due to an extenuating circumstance, please email us at email@example.com or call 512-399-0064.
For any session that is cancelled more than 24 hours prior to its scheduled time, you will be provided a credit that can be applied toward a future session. The credit will be in the amount of the current rate for the scheduled services. You may redeem this credit for a period of 30 days starting at the time of the cancelled session. To redeem this credit, you may reach out to your therapist to find a mutually agreeable time for a speech therapy session. If for whatever reason you are unable to identify a mutually agreeable time to redeem your credit within 30 days of the cancelled session, please email us at firstname.lastname@example.org or call 512-399-0064
If a session is cancelled because your therapist is unable to attend on the scheduled time, we will attempt to reschedule that session at a time of your convenience. If we are unable to reschedule the session, you will be provided a refund in the amount of the current rate for the scheduled services.
If you are unable to attend your scheduled sessions due to a vacation or another circumstance, you may pause your subscription for a period of up to two weeks. If you choose to pause your subscription, you will not be eligible to pause your subscription again for a period of 6 months from the date of your first missed session. If your vacation or circumstance will prevent you from attending sessions for a period longer than two weeks, you may accrue credits per the policy outlined above. Alternatively, you may cancel your subscription but we cannot guarantee that your assigned therapist or timeslot will be available if you choose to restart your subscription.
At present, we do not process any insurance claims, nor will the health care professionals process claims on your behalf. Although the consultations/treatments you receive from health care professionals through the Application may or may not be covered by your insurance, it is solely up to you to contact your health plan, determine whether coverage applies and submit a claim. You are responsible for the full fee (and for paying the fee in advance) regardless of whether you later are able to receive reimbursement from your health plan for part or all of the cost.
Expressable alone (and its licensors, where applicable) shall own all right, title and interest, including all intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created from the Services shall be owned solely and exclusively by Expressable, and/or, as applicable, Expressable’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto, and you hereby assign to Expressable any and all of your rights, title or interests in the Services or any modification to or derivative work of the Services. You shall not remove or authorize or permit any third party to remove any proprietary rights legend from the Services.
This Agreement does not constitute a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by Expressable. Expressable’s name, logo and the product names and logos associated with the Services are trademarks of Expressable, its affiliated companies or third parties, and no right of license is granted to use them.
The materials on the Services are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Services for your own personal, noncommercial use only, provided that you keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
Subject to your compliance with the terms and conditions of this Agreement, Expressable grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on your mobile device(s) that you own or control and to run such copy of the Application solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based upon the Application; (iii) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
The Services are solely designed to enable you to obtain telephonic and in-person consultations and therapy by facilitating the connection between you and nearby speech-language pathologists or other health care providers. The Services provided in the Application are here to help connect you to nearby speech-language pathologists only. The Services do not constitute the practice of medicine, nursing, or related diagnosis or treatment. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH OUR APPLICATION OR WEBSITE.
We do not control, supply, endorse, warrant or guarantee any information, products, services or merchandise supplied by any of the speech-language pathologists that you may connect with via the Services.
We also do not warrant or guarantee that files that may be available for downloading through the Services will be free of infections or viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You download and use the Services at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Services. Users of the Services are responsible for maintaining a means external to the Services for the reconstruction of any lost data.
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL EXPRESSABLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF EXPRESSABLE FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF EXPRESSABLE WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE SERVICES.
You agree to indemnify and hold harmless Expressable, Expressable’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Services, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Services or any portion thereof.
The Digital Millennium Copyright Act of 1998 (“DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at https://www.loc.gov/copyright. In accordance with the DMCA, Expressable has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Expressable, Inc. at email@example.com.
This Agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this Agreement and supersede all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Services. In the event of any conflict between any such third-party terms and conditions and this Agreement, this Agreement will govern. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without regard to any conflicts of law provisions contained therein.
Any dispute arising under or relating in any way to this Agreement will be resolved exclusively by final and binding arbitration in Delaware under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the federal courts located in Delaware for any action related to this Agreement.
This Agreement is personal to you and you may not assign it to anyone. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement is not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability and governing law.
THE COMPANY DOES NOT PROVIDE EMERGENCY CARE. IF YOU THINK YOU ARE FACING AN EMERGENCY, PLEASE DO NOT RELY ON THE COMPANY FOR HELP. IMMEDIATELY CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.
If you have any questions or comments about these Terms & Conditions, the Application, or the Services, please contact us at firstname.lastname@example.org.
I ACKNOWLEDGE THAT ALL MY QUESTIONS HAVE BEEN ANSWERED TO MY SATISFACTION.
I ACKNOWLEDGE THAT I HAVE READ THESE TERMS & CONDITIONS AND THAT I AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.
No waiver by the Company of any term or condition set forth in these Terms & Conditions 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 Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions 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 Terms & Conditions will continue in full force and effect.
Expressable is an online speech therapy practice committed to expanding access to quality services for everyone with a communication disorder. Expressable has pioneered a parent-focused care model that uses technology and education to integrate speech therapy techniques into children’s daily lives, improving outcomes and experiences.