The ADA does not in any way control Talkspace LLC, Talkspace Go, Talkspace, or any Talkspace LLC app or website, resources, or services.
If you elect to use any Talkspace Go or Talkspace products or services, those products and services are governed solely by the applicable Talkspace LLC terms and conditions (which include but are not limited to the “Terms of Use” and “Privacy Policy” which are established solely by Talkspace, and which ADA does not control).
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, DATA SECURITY, OR ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, WITH RESPECT TO ALL SERVICES AND RESOURCES PROVIDED IN WHOLE OR IN PART BY TALKSPACE LLC. ADA DOES NOT WARRANT THAT THOSE SERVICES OR PRODUCTS WILL MEET ANY USER REQUIREMENTS, NEEDS OR EXPECTATIONS, OR THAT THE OPERATION OF ANY PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, FREE OF HARMFUL COMPONENTS OR THAT ERRORS WILL BE CORRECTED. THESE TALKSPACE LLC PRODUCTS AND SERVICES ARE NOT SUBSTITUTE FOR SECURING AND RETAINING YOUR OWN PERSONAL MEDICAL OR MENTAL HEALTH PROVIDER AND YOUR OWN APPROPRIATE HEALTHCARE (INCLUDING MENTAL HEALTH) INSURANCE. ADA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY SERVICE’S OR PRODUCT’S COMPLIANCE WITH FEDERAL, STATE OR LOCAL LAWS, RULES, OR REGULATIONS.
EXCLUSION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL ADA BE LIABLE TO YOU FOR ANY PERSONAL INJURY (INCUDING BUT NOT LIMITED TO INJURY INVOLVING MENTAL HEALTH), OR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR COSTS, REGARDLESS OF THE NATURE OF THE CLAIM, AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY,
EVEN IF ADA IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE PRODUCTS AND SERVICES, WILL BE LIMITED TO DIRECT DAMAGES ONLY IN AN AMOUNT EQUAL TO THE GREATER OF (A) ONE HUNDRED ($100.00) DOLLARS, AND (B) THE DOLLAR AMOUNT THAT THE USER OF THE PRODUCT(S) OR SERVICE(S) HAS PAID WITH RESPECT TO USER’S ADA MEMBERSHIP OVER THE SIX (6) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO SUCH LIABILITY.