Terms of Use

BY CLICKING "I ACCEPT" OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THIS SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THIS SITE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS OF USE AND RECEPTIVE'S PRIVACY POLICY (COLLECTIVELY AND AS AMENDED, UPDATED, SUPPLEMENTED, OR MODIFIED FROM TIME TO TIME, THE "TERMS"). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE RECEPTIVE'S PERMISSION TO USE THIS SITE. YOUR USE OF THIS SITE AND RECEPTIVE'S PROVISION OF THIS SITE TO YOU CONSTITUTE AN AGREEMENT BETWEEN YOU AND RECEPTIVE FOR YOU TO BE BOUND BY THE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 19, you agree that disputes arising under the Terms will be resolved by binding, individual arbitration and, BY ACCEPTING THE TERMS, YOU AND RECEPTIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under the Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. Please refer to Section 19 of the Terms for additional detail.

1. Use of The Site

Receptive, Inc., a Delaware corporation ("Receptive"), operates the website located at www.Receptive.com (the "Site"). Receptive helps its users ("Users") access mental health care through mental health professionals ("Providers"). By accessing and using the Site, you agree to be bound by the Terms and all other terms and policies that appear on the Site. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THE TERMS, DO NOT ACCESS AND/OR USE THE SITE.

The Receptive mobile message service (the "Service") is operated by Klaviyo. Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Receptive via text messages through your wireless provider to the mobile number you provided. Message frequency varies. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Pettable mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email support@Receptive.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

2. Limited Scope of Services; No Doctor-Patient Relationship

The Site is not intended to solicit clients or patients, and the Site's content is educational and informational in nature and is provided only as general information and is not, and should not be relied upon as, medical or psychological advice, opinion, diagnosis, treatment, or a guarantee of any kind or nature whatsoever. The Site is not intended to create and does not constitute any professional relationship between Receptive (or any of its officers, directors, employees, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or agents) and you, and does not create any doctor-patient or any other professional relationship with any of the Providers. Even if those providing information via the Site display professional licensure or other credentials in the healing arts, or cite clinical trials or other medical literature, they are limited to providing information and education, and are not providing any clinical service via the Site. The information provided through the Site should not be used for diagnosing or treating a health problem or disease because such information is not comprehensive and does not include all of the potential information regarding the subject matter. You acknowledge and agree that the Providers using the Site are solely liable for, and will have complete authority, responsibility, supervision, and control over the provision of, all Services, subject to basic quality control standards and other requirements imposed by Receptive from time to time. Neither Receptive nor any third parties who promote the Services or provide you with a link to the Site shall be liable for any damages allegedly caused by the professional advice or Services you or your pet obtains from a Provider via the Site.

3. Site Content

Although Receptive makes reasonable efforts to ensure that the content of the Site is correct and up-to-date, Receptive cannot guarantee, and make no representations or warranties regarding, the accuracy, completeness, reliability, or usefulness of the Site. Receptive reserves the right to change, add, or remove some or all of the content on the Site or temporarily or permanently discontinue all or any portion of the Site at any time without notice or obligation of any kind. The Site and the Services are intended for use only in the United States. Receptive makes no representation or warranty that the Site or Receptive's Services are appropriate or available for use in locations outside of the United States. Persons using the Site or receiving Services outside of the United States do so at their own risk, and Receptive shall have no liability with respect to such users located outside of the United States.

4. User Accounts

When you register on the Site, you are required to create an account (in each case, an "Account") by entering your name, e-mail address, password, and certain other information collected by Receptive (collectively, "Account Information"). To create an Account, you must be at least 18 years old and of legal age to form a binding contract. If you are not of legal age to form a binding contract, you cannot register to use the Services or the Site. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Receptive reserves the right to take any and all action that it deems necessary or reasonable in its sole discretion regarding the security of the Site, your Account, and your Account Information. In no event and under no circumstances shall Receptive be held liable to you for any claims, liabilities, losses, or damages resulting from or arising out of your use of the Site, your Account, your Account Information, or your release of your Account Information to a third party. You may not use anyone else's Account at any time for any reason. The Site is not directed to children. Children are not eligible to use the Site or the Services. If Receptive later obtains actual knowledge that a user is under 18 years old or not of legal age to form a binding contract, Receptive will take steps to remove that user's personal information from Receptive's databases. By using the Site, you represent that you are at least 18 years old. For the security of your Account, you will notify Receptive immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account Information.

5. Licenses

Receptive hereby grants you a limited, non-exclusive, and nontransferable right to access the Site and use the Services solely for your personal, non-commercial use and only as permitted under the Terms and any separate agreements you may enter into with Receptive from time to time. Receptive reserves the right, in its sole discretion, to deny or suspend use of the Site or Services to anyone for any reason or no reason at all. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Site or the Services; (b) use the Site or Services to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site, or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above.

Certain features of the Site may permit users to upload content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works (in each case, "User Content") and to publish User Content on the Site. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Site. By providing User Content to or via the Site, you grant Receptive a worldwide, non-exclusive, royalty-free, and fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media format(s) and through any media channels, whether now known or hereafter developed.

6. Payment Terms

By submitting payment to use Receptive's services, you agree and acknowledge that Receptive shall be permitted to retain your payment to Receptive if: (i) Receptive makes a reasonable effort to follow up with you to schedule an appointment, and (ii) you ultimately do not schedule or attend an appointment coordinated by Receptive. (iii) you do not sign the electronic signature documents sent to the email address that you used at the time of billing.

Receptive may make promotional offers available with different features and different rates to any or all of Receptive's Users in Receptive's sole and absolute discretion. Those promotional offers, unless made to you, shall have no bearing whatsoever on your use of the Site or receipt of Services. Receptive may change the fees for the Services in its sole and absolute discretion from time to time.

7. Website Links

RECEPTIVE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE, OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES, INTERNET LOCATIONS, SOURCES OF INFORMATION, OR THEIR RESPECTIVE OPERATORS. Receptive may provide tools through the Site that enable you to export information to third party services, including through features that allow you to link your account on Receptive with an account on a third party service such as Facebook, Twitter, Instagram, or other website or through implementation of third party buttons (such as "like" or "share" buttons). By using one of those tools, you agree that Receptive may transfer that information to the applicable third party service. Those third party services are not under Receptive's control and, to the fullest extent permitted by law, Receptive is not responsible for any third party service's use of your exported information. Services may also contain links to third party websites. Linked websites are not under Receptive's control, and Receptive is not responsible for their content.

8. Intellectual Property Ownership

The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Receptive, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, reverse engineer, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site except as generally and ordinarily permitted through the Site according to the Terms. You must not access or use any part of the Site or any Services or materials available through the Site for any commercial purposes.

9. Disclaimer of Warranties; Release

YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RECEPTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, SYSTEM INTEGRATION, RELIABILITY OF PERFORMANCE, AND FREEDOM FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.

The Site neither offers nor constitutes legal advice. Receptive makes no claims, guarantees, or warranties regarding rights or obligations you may have under federal or state disability or other laws. Receptive does not provide any representation or certification that any User has a disability or is entitled to accommodation under applicable laws. Receptive does not guarantee that private individuals or governmental entities will agree with any position that any User may take. Receptive does not guarantee that, if you purchase one of our products or services, you will be diagnosed with a disability or receive treatment. If you are not legally disabled, then you may not be entitled to accommodation rights under applicable laws, and any information, Services, or products received via this Site may confer no benefit upon you. There is no guarantee that any third party will accord the User any right or courtesy.

10. Limitation of Liability

YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL RECEPTIVE OR ITS SHAREHOLDERS, OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, INDEPENDENT CONTRACTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, ATTORNEYS, ACCOUNTANTS, SUCCESSORS, OR ASSIGNS (EACH OF THE FOREGOING, A "RECEPTIVE PARTY") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, EVEN IF RECEPTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE, OR OTHERWISE.

11. Dispute Resolution; Arbitration

Subject to exceptions, in the interest of resolving any disputes between you and Receptive in the most expedient and cost-effective manner, in consideration of your use of the Site and receipt of Services, you and Receptive agree that every dispute arising in connection with the Terms, your use of the Site, or your receipt of Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may entail more limited discovery than in litigation (and therefore lower discovery costs), and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS AND USING THE SITE, YOU AND RECEPTIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND ARE AGREEING TO ARBITRATE ALL DISPUTES.

12. Contact Information

Please report any violations of the Terms to support@Receptive.com.

The Digital Millennium Copyright Act of 1998 (the "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 the Site infringe your copyright, you (or your agent) may send Receptive a notice requesting that the material be removed or access to it blocked. Notices and counter-notices must meet statutory requirements imposed by the DMCA. Any written notification of claimed infringement should be provided to Receptive, Inc., Attn: Legal – Copyright Infringement Notice, 2810 N Church St, Suite 67131 Wilmington, DE 19802.