Welcome to Empathic Health! Your use of this website, http://www.empathichealth.community and
related websites, applications and services (collectively, the “Services”) owned, utilized or
operated by Empathic Health, LLC, a Delaware Limited Liability Company (“Empathic”), is
you, you accept and agree to be bound by all the terms and conditions of these Terms, and
represent and warrant that you have the right, authority, and capacity to agree to be bound by
these Terms. If you do not agree or do not have the right, authority, and capacity to enter into
these Terms, then you may not access or use the Services.
THESE TERMS ARE A LEGAL BINDING AGREEMENT BETWEEN YOU AND
EMPATHIC. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION
AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS AS DETAILED BELOW.
If you have any questions about these Terms, please contact Team@empathic.health.
A. Account. “Empathic Account” means an account you created to access and use the
Services for your specific purposes.
B. Content. “Content” means text, images, graphics, photos, audio, video, articles,
scheduling availability, guidance, advertisements, information, and all other forms of
data, communication or materials. Content may originate from Empathic, a User (as
defined below), or a third party.
C. Parties. “You” and “your” refer to you, a user of the Services. A “User” is someone who
accesses, visits, or in any way uses the Services whether or not such person registered
for an Empathic Account (defined below). “Empathic”, “we”, “us” and “our” refer to
Empathic Health, LLC, and its subsidiaries or affiliates.
D. Personal Information. “Personal Information” means, without limitation, your name,
mailing address, email address, birthdate, social security number and contact
information, medical history and current medical needs, billing information, and other
personally identifiable information.
2. CHANGES TO TERMS
We may change these Terms at any time without prior notice. The updated Terms will be
effective as soon as it is posted here. You agree to review these Terms periodically. If we make a
material change to the Terms, we will make reasonable efforts to notify you. By continuing to
access and/or use the Services after we post the updated Terms, you agree to be bound by the
updated Terms, and if you do not agree to the updated Terms, you must stop using and/or
accessing the Services. Any disputes under these Terms will be governed by the version of Terms
in effect at the time of the first event that gave rise to the dispute. Except for changes by us as
described here, no other amendment or modification of these Terms will be effective unless in
writing and signed by both you and us.
3. EMPATHIC’S SERVICES
Empathic’s Services provide products and services, which include without limitation, message
boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, comment
areas, direct messaging, webinars, functionalities to create, share, rate, review, or otherwise
provide feedback on content, other interactive features , and payment processing functionalities.
We may from time to time add new features to the Services, substitute a new service for one of
the existing services, or discontinue or suspend one or any part of the existing services. Under no
circumstances will Empathic be liable for any suspension or discontinuation of any of the service
or portion thereof, and any use of new service will be governed by these Terms.
Empathic does not provide, sell, offer to sell, coordinate or solicit sales or any transactions of
psychoactive substances, nor does it make any recommendations or endorsements for any type of
therapy or intervention. All content provided through the Services are for general informational
purposes only. The Services may be limited or not available at all in some places due to local law
or other regulatory restrictions.
You expressly acknowledge and agree that Empathic (i) is a technology company providing
certain Services; (ii) does not provide any therapeutic or medical services to individuals; (iii)
does not provide, endorse or recommend any therapeutic or medical services, providers, or
substances used in connection with such services.
Portions of the Services can be viewed without an Empathic Account. To receive the full benefit
of the Services we offer, you must create an Empathic Account and provide certain basic
information about yourself. If you do provide us with any information about yourself, you
You agree to keep your Empathic Account information accurate, complete, and current. You are
responsible for the use of your account and shall keep your login credentials confidential and not
let anyone else use it. If you suspect unauthorized activity, please contact us at
Team@empathic.health or through our help center.
You may deactivate your Empathic Account, and thus terminate your access and use of the
Services, at any time for any reason . Empathic reserves the right to deactivate or disable any
user name, 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
Account upon written request to Team@empathic.health.
If your Empathic Account is deactivated, then: (a) these Terms will continue to apply and be
binding upon you with regard to your prior use of the Services (as well as any subsequent and
unauthorized use of the Services), including your indemnification obligations as described
herein; and (b) any rights or licenses granted to us under these Terms will survive such
5. LICENSE AND ACCESS
Empathic grants you a limited, non-exclusive, revocable, non-sub-licensable, non-transferable
license to use the Services in accordance with these Terms for personal, non-commercial
purposes. You may use the Services only as permitted by these Terms and applicable law. All
rights not expressly granted in these Terms are reserved and you acknowledge that all intellectual
property rights, including without limitation, copyrights, trademarks, trade secrets, patent, and
any other rights therein, in the Services are owned by Empathic. You may print, download, and
store information from the Services for your own convenience, but you may not copy, distribute,
republish, sell, or exploit any of the Content, or exploit the Services in whole or in part, for any
commercial gain or purpose whatsoever; use data mining, robots or similar data gathering or
extraction tools to gather Content from the Services without explicit permission, or otherwise
misuse the Services. Any trademarks, logos, service marks, company or product names displayed
through the Services are trademarks of Empathic or third parties, and no right or license is
granted to use them. The license to use the Services will terminate if you do not comply with
6. WE DO NOT PROVIDE MEDICAL ADVICE
Empathic is not a healthcare or medical services provider. Content provided by Empathic,
including any information that is health or medically related, is for informational, educational,
and payment purposes only. You expressly acknowledge, agree and understand that any health or
medically related statements or content provided on the Services have not been evaluated or
approved by the Federal Food and Drug Administration.
WHILE WE HOPE THE CONTENT IS USEFUL IN YOUR HEALING JOURNEY, IT IS NOT
INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL
MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE SERVICES ARE NOT FOR
EMERGENCY MEDICAL OR MENTAL HEALTH NEEDS. IF YOU EXPERIENCE A
MEDICAL OR MENTAL HEALTH EMERGENCY, ARE CONTEMPLATING SUICIDE OR
TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS,
IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. YOUR USE OF
THE SERVICES IS SOLELY AT YOUR OWN RISK. NOTHING STATED, POSTED, OR
AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE
TAKEN TO BE, THE PRACTICE OF MEDICINE OR OTHER PROFESSIONAL
HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
Empathic is not a referral service and does not in any way refer, recommend or endorse any
particular practitioner, healthcare provider, entity, therapeutic modality, procedure, opinion, or
other information that may appear through the Services. If you rely on any such Content, you do
so solely at your own risk. We encourage you to independently confirm any Content relevant to
you with other sources, including but not limited to a healthcare provider, medical associations
relevant to the applicable specialty, clinical studies, and the appropriate licensing or certification
authorities to verify listed credentials and education.
7. CONTENT FOR GENERAL PURPOSES
The Services provide Content for general informational purposes to all Users. While we make
reasonable efforts to provide you with accurate Content, we make no guarantees, representations
or warranties, whether expressed or implied, with respect to the timeliness, quality, suitability,
accuracy, or completeness of any Content, including but not limited to descriptions of
professional qualifications, expertise, quality of work, pricing, or other information. In no event
shall we be liable to you or anyone else for any decision made or action taken by you in reliance
on any such Content.
Therapies, products, services, or psychoactive substances discussed and/or marketed through the
Services are not applicable to all individuals. Any therapy, product, service or psychoactive
substance represented through the Services s, either paid or unpaid, are presented for your
awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness
for any particular individual or prediction of effectiveness, outcome or success. We disclaim all
liability and responsibility arising from any reliance placed on such materials by you or any other
visitor to the Services, or by anyone who may be informed of any of its contents.
8. CONTENT YOU PROVIDE
You may provide Personal Information, communications, listings, event postings, and other
content on the Services pursuant to these content standards (collectively, “Content Standards”).
User content must comply with all applicable federal, state, local, and international laws and
regulations. Without limiting the foregoing, content from Users must not:
● Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing,
violent, hateful, inflammatory, or otherwise objectionable.
● Promote sexually explicit or pornographic material, violence, or discrimination based on
race, sex, religion, nationality, disability, sexual orientation, or age.
● Infringe any patent, trademark, trade secret, copyright, or other intellectual property or
other rights of any other person.
● Violate the legal rights (including the rights of publicity and privacy) of others or contain
any material that could give rise to any civil or criminal liability under applicable laws or
● Be likely to deceive any person.
● Promote any illegal activity, or advocate, promote, or assist any unlawful act.
● Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass,
alarm, or annoy any other person.
● Impersonate any person, or misrepresent your identity or affiliation with any person or
● Involve commercial activities or sales, such as contests, sweepstakes, and other sales
promotions, barter, or advertising.
● Give the impression that they emanate from or are endorsed by us or any other person or
entity, if this is not the case.
9. YOUR RESPONSIBILITIES
A. Your Responsibilities Generally
You are responsible for your use of the Services, including keeping your Empathic Account
information accurate, complete and current, and protecting the confidentiality of your Empathic
Account credentials. You may only use the Services for lawful purposes; any unlawful use is
unauthorized use of the Services. You may not use the Services in any manner that could
damage, disable, overburden, or impair our servers or networks, or interfere with any other
party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to
any of the Services, user accounts, or computer systems or networks, through hacking, password
mining or any other means. You may not accumulate or index, directly or indirectly, any Content
or portion of the Services for any purpose whatsoever. You must also review and comply with
the terms set forth in our Community Standards.
In addition to our rights in these Terms, we may take any legal action and implement any
technological measures to prevent violations of the restrictions hereunder and to enforce these
Terms and our Community Standards.
B. Prohibited Uses
You agree not to use the Services:
● 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).
● 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.
● To send, knowingly receive, upload, download, use, or re-use any material that does not
● To transmit, or procure the sending of, any advertising or promotional material, including
any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
● 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).
● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the
Services, or which, as determined by us, may harm the Company or Users of the
Services, or expose them to liability.
Additionally, you agree not to:
● Use the Services in any manner that could disable, overburden, damage, or impair the site
or interfere with any other party’s use of the Services, including their ability to engage in
real time activities through the Services.
● Use any robot, spider, or other automatic device, process, or means to access the Services
for any purpose, including monitoring or copying any of the material on the Services.
● Use any manual process to monitor or copy any of the material on the Services, or for any
● Use any device, software, or routine that interferes with the proper working of the
● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is
malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Services, the server on which the Services is stored, or any server, computer, or database
connected to the Services.
● Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of the Services.
C. Disputes Between Users
If there is a dispute between Users arising out of a transaction hereunder, or between Users and
any third party, you agree that Empathic is under no obligation to become involved. In the event
that you have a dispute with one or more other Users or third party, you release Empathic, its
directors, officers, employees, agents, and successors from claims, demands, and damages of
every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed,
arising out of or in any way related to such disputes and/or our Services.
10. THIRD PARTY LINKS AND SERVICES
If the Services contain links to other sites and resources provided by third parties, these links are
provided for your convenience only. 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 these Services,
you do so entirely at your own risk and subject to the terms and conditions of use for such
A. Third Party Materials
Empathic does not review, examine, verify, warrant or endorse any Content, product or service
from third parties (collectively, “Third Party Materials”), whether accessible by or through third
party websites, apps or service, to which the Services link, display, include or otherwise make
Third Party Materials are provided for your convenience only and we are not responsible for
them, including their accuracy, completeness, timeliness, validity, copyright compliance, legality,
decency, quality or any other aspect thereof. You acknowledge and agree that we are not
responsible or liable for the content or accuracy of these Third Party Materials. Third Party
Although we attempt to provide accurate and trustworthy Third Party Materials, it is possible
that they may contain materials that are objectionable, unlawful, or inaccurate and we will not be
responsible or liable for the legality or decency of material contained in or accessed through third
party websites, apps or service.
Your interactions with entities and/or individuals found on or through our Services, including
payment and delivery of goods or service, and any other terms, conditions, warranties or
representations associated with such dealing, are solely between you and such entities and/or
individuals. You should make whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction in connection with any Third Party Materials.
By using the Services, you hereby release and hold Empathic, including its officers, employees,
agents, successors and assigns, harmless from all past, present, and future dispute, claim
controversy, demand, right, obligation, liability, action and cause of action of every kind and
nature, that has arisen or arises directly or indirectly out of, or relates directly or indirectly to,
any transactions or dealings in connection with your use of Third Party Materials.
B. Third Party Software
We may incorporate third party software as part of certain of the Services, including without
limitation open source third party software. Your use of such third party software is subject to
any and all applicable additional terms and conditions governing such use provided by the third
party software provider. Where applicable, we may provide additional notices relating to the
third party software, such as attribution and disclaimer notices applicable to the third party
We created Empathic to be a warm and welcoming online community for sharing information,
and we want your experience with Empathic to be exceptional. While we work hard to make that
happen, you acknowledge that we have no control over, and no duty to take any action regarding:
(a) which users gain access to the Services, (b) what Content you access, (c) what effect 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
your use or inability to use any Content. We and our partners, parent, subsidiaries or affiliated
entities, and each of their respective officers, directors, members, employees, consultants,
contract employees, representatives, and agents, and each of their respective successors and
assigns (Empathic and all such parties together, the “Empathic Parties”) make no representations
or warranties regarding suggestions or recommendations of services or products offered or
purchased through the Services, and the Empathic Parties will not be responsible or liable for the
accuracy, copyright compliance, legality, or decency of material contained in or accessed through
the Services. We have no special relationship with or fiduciary duty to you.
ALL MATERIALS ON THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”.
WE MAKE NO EXPRESS OR IMPLIED WARRANTY OR GUARANTEES OF ANY KIND.
TO THE EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH
WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE
SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE
SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT
FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT
GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR
REQUIREMENTS OR NEEDS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE
TO USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY
NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT
RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR
COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR
ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE
SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, EMPATHIC MAKES NO
WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS
MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY
ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. EMPATHIC
DOES NOT WARRANT THAT THE SERVICES WILL OPERATE UNINTERRUPTED,
ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT
OCCUR, OR THAT THE SERVICES OR SOFTWARE ARE FREE OF COMPUTER
VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
EMPATHIC MAKES NO REPRESENTATION OR WARRANTY AS TO WHETHER IT IS
LEGAL FOR YOU TO ACCESS OR SITE OR USE OUR SERVICES. EMPATHIC DOES
NOT ENCOURAGE ILLEGAL ACTIVITY, INCLUDING BUT NOT LIMITED TO THE
ILLEGAL SALE, PURCHASE OR USE OF CONTROLLED SUBSTANCES. USING THE
SERVICES FOR ANY SUCH ACTIVITY IS A VIOLATION OF THESE TERMS AND
SHALL RESULT IN TERMINATION OF THE EMPATHIC ACCOUNT OR ACCOUNTS
ASSOCIATED WITH SUCH ACTIVITY AND LEGAL ACTIONS AS REQUIRED BY LAW.
GENERAL LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT AND
UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT,
STRICT LIABILITY, OR OTHERWISE, SHALL ANY OF THE EMPATHIC PARTIES BE
LIABLE TO YOU, OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU,
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR
EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE
SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST
DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, WORK STOPPAGE,
ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER
COMMERCIAL DAMAGES OR LOSSES, ANY SUBSTITUTE GOODS, SERVICES, OR
TECHNOLOGY, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE
PROVIDERS UTILIZED THROUGH USE OF THE SERVICES, OR ANY MATTER
BEYOND OUR REASONABLE CONTROL, EVEN IF WE KNEW OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO
THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU
WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542,
WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
If you’re not using the Services in accordance with these Terms, we reserve the right to
terminate, suspend and/or deactivate your Empathic Account immediately, without notice, if
there has been a violation of these Terms, our Community Standards, or other policies and terms
posted through the Services by you or by someone using your Empathic Account with your
authorization. We may also terminate, suspend or deactivate your Empathic Account for any
other reason, including inactivity for an extended period. Empathic shall not be liable to you or
any third party for any termination, suspension or deactivation of your access to the Services.
Further, you agree not to attempt to use the Services after any such termination, suspension or
deactivation, except where deactivation is due solely to inactivity, and you are permitted to create
another Empathic Account. Account termination may result in destruction of any Content
associated with your Empathic Account. These Terms will continue to apply and be binding
upon you with regard to your prior use of the Services, as well as any subsequent and
unauthorized use of the Services, including any other provisions that, by their nature, should
survive termination of these Terms shall survive any termination or expiration of these Terms.
Empathic reserves the right to investigate and, at our discretion, take appropriate legal action
against anyone who violates these Terms, including without limitation, removing any offending
communication or information from the Services, terminating the Empathic Account of such
violators, and or blocking your use of the Services.
You agree to defend, indemnify, and hold harmless the Empathic Parties from all liabilities,
claims, damages (actual and consequential), demands, and expenses, including reasonable
attorney’s fees, that arise from or are related to (a) your use of the Services; (b) the Content you
provided; (c) your violation of these Terms (including without limitation these Terms and the
Community Standards); (d) the violation of any intellectual property or other right of any person
or entity; or (e) by any person using your Empathic Account without authorization or other
misuse of the Services. The foregoing indemnification obligation does not apply to liabilities,
claims and expenses arising as a result of our own gross negligence or intentional misconduct.
14. ARBITRATION AGREEMENT
We hope that we can work out any disagreements you may have with Empathic. If there is a
dispute that needs to be further resolved, that process will take place according to this section.
Please read the following ARBITRATION AGREEMENT carefully, because it requires you to
arbitrate certain disputes and claims with Empathic and limits the manner in which you can seek
relief from Empathic. Both you and Empathic acknowledge and agree that for the purpose of any
dispute arising out of relating to the subject matter of these Terms, Empathic’s officers, directors,
employees, and independent contractors (“Personnel”) are third-party beneficiaries of these
Terms, and that upon your acceptance of these Terms, Personnel will have the right, and will be
deemed to have accepted the right, to enforce these Terms against you as a third-party
A. Arbitration Rules; Applicability of Arbitration Terms. The parties shall use their best
efforts to settle any dispute, claim, question, or disagreement arising out of or relating to
the subject matter of these Terms directly through good-faith negotiations, which shall
be a precondition to either party initiating arbitration. If such negotiations do not resolve
the dispute, it shall be finally settled by binding arbitration in Los Angeles County,
California. The arbitration will proceed in the English language, in accordance with the
JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one
commercial arbitrator with substantial experience in resolving intellectual property and
commercial contract disputes. The arbitrator shall be selected from the appropriate list of
JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by
such arbitrator may be entered in any court of competent jurisdiction.
B. Costs. The Rules will govern payment of all arbitration fees. Empathic shall seek its
attorneys’ fees and costs in arbitration if the arbitrator determines that your claim is
frivolous and to the extent permitted by law.
C. Small Claims Court; Infringement. Either you or Empathic may assert claims, if they
qualify, in small claims court in Los Angeles County, California or any United States
county where you live or work. Furthermore, notwithstanding the foregoing obligation to
arbitrate disputes, each party shall have the right to pursue injunctive or other equitable
relief at any time, from any court of competent jurisdiction, to prevent the actual or
threatened infringement, misappropriation or violation of a party’s copyrights,
trademarks, trade secrets, patents or other intellectual property rights.
D. Waiver of Jury Trial. You and Empathic waive all rights to have a trial in front of a
judge or jury. Instead, you and Empathic are choosing to have claims and disputes
resolved by arbitration. Arbitration procedures are typically more limited, more efficient,
and less costly than rules applicable in court and are subject to very limited review by a
court. In any litigation between you and Empathic over whether to vacate or enforce an
arbitration award, you and Empathic waive all rights to a jury trial, and elect instead to
have the dispute adjudicated by a bench trial.
E. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN
THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR
LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.
CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR
LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER
CUSTOMER OR USER. If however, this waiver of class or consolidated actions is
deemed invalid or unenforceable, neither you nor Empathic is entitled to arbitration;
instead all claims and disputes will be resolved in a court as set forth in (G) below.
F. Opt-out. You may opt out of the provisions of this Section by sending written notice of
your decision to opt out to Team@empathic.health, postmarked within thirty (30) days
of first accepting these Terms. You must include (i) your name and residence address,
(ii) the email address and/or telephone number associated with your account, and (iii) a
clear statement that you want to opt out of the arbitration agreement in these Terms.
G. Exclusive Venue. If you send the opt out notice pursuant to Section 14 F, and/or in any
circumstances where the foregoing arbitration agreement permits either you or Empathic
to litigate any dispute arising out of or relating to the subject matter of these Terms in
court, then the foregoing arbitration agreement will not apply to either party, and both
you and Empathic agree that any judicial proceeding, other than small claims actions,
will be brought in the state or federal courts located in, respectively, Los Angeles
County, California, or the federal district in which that county falls.
If the prohibition against class actions and other claims brought on behalf of third parties
contained above is found to be unenforceable, then all of the preceding language in this Section
will be null and void. This arbitration agreement will survive the termination of your relationship
A. Copyright Disputes.
If you are a copyright owner of an agent thereof, and believe in good faith that a user may be
infringing upon your copyrights, you can notify us of such a claim pursuant to the Digital
Millennium Copyright Act (“DMCA”), 17 U.S.C. Sec. 512(c), by providing our designated agent
with a written notice containing the following:
i. A physical or signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit the service provider to locate the
iv. Information reasonably sufficient to permit the service provider to contact you, such
as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
You may send such DMCA notices to our designated agent to Team@empathic.health or:
Attn: DMCA Designated Agent
1020 Granville Avenue
Los Angeles, CA 90049
Such notices and counter-notices must meet statutory requirements imposed by the DMCA, so
we suggest you consult with a legal advisor before filing a notice. Please be aware that there are
penalties for false claims under the DMCA.
You acknowledge and are aware that upon receiving a notice for a claim of copyright
infringement, we may immediately remove or disable access to the identified materials without
liability to you or any other party. We may, in our sole discretion, terminate the Services for any
repeat copyright infringers or users who receive repeat claims of copyright infringement.
B. Limitation of Claims
No action arising under or in connection with these Terms, regardless of the form, may be
brought by you more than one (1) year after the cause of action arose; actions brought thereafter
are forever barred.
In the event any one or more of the provisions of these Terms shall for any reason be held to be
invalid, illegal or unenforceable, the remaining provisions of these Terms shall be unimpaired.
Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that
comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable
provision, except to the extent no such provision is valid, legal and enforceable, in which case
such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum
extent necessary so that the other provisions of these Terms remain in full force and effect and
D. Governing Law
Empathic may be accessed from all 50 states and other countries. By accessing and using the
Services, you agree that these Terms shall be deemed to have been entered into and shall be
construed and enforced in accordance with the Federal Arbitration Act, applicable federal law,
and the laws of the State of Delaware, without giving effect to the state’s conflicts of law statute.
E. Entire Terms; Waiver
These Terms and any supplemental terms, policies, rules and guidelines posted through the
the Community Standards, constitute the entire agreement between you and us and supersede all
previous written or oral agreements. To the extent that anything in or associated with the
precedence. The failure of either party to exercise in any respect any right provided for herein
shall not be deemed a waiver of any further rights hereunder.
The headings of the sections of these Terms are for convenience only, do not form a part hereof,
and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent
of these Terms or any terms or conditions therein.
We may assign these Terms at any time, including, without limitation, to any parent, subsidiary,
or any affiliated company, or as part of the sale to, merger with, or other transfer of our business
or any assets to another entity. You may not assign, transfer or sublicense these Terms to anyone
else and any attempt to do so in violation of this section shall be null and void.
You must be 18 years of age or over, or the legal age to form a binding contract in your
jurisdiction if that age is greater than 18 years of age, to create an Empathic Account or use the
Services on your own. Those under the age of 13 may not use the Services. If you are between
the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Services
only under the supervision of your parent or guardian who has agreed to these Terms. By using
the Services on behalf of a minor child, you represent and warrant that you are the parent or legal
guardian of such child, and that all references in these Terms to “you” shall refer to such child or
such other individual on whose behalf you have authorization to enter into these Terms and you
in your capacity as the parent or legal guardian of such child or as the authorized party of such
If you do not qualify under these Terms, you may not use the Services. Use of the Services is
void where prohibited by applicable law, and the right to access the Services is revoked in such
jurisdictions. By using the Services, you represent and warrant that you have the right, authority,
and capacity to enter into these Terms. The Services are administered in the U.S. and intended
primarily for U.S. users only; any use outside of the U.S. or use related to activities outside of the
U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any
local, state or federal laws applicable to their use of the Services.
Last Updated: June 24, 2021