TheraVoca Terms of Use – Patients

Last Updated: [4.23.25]

TheraVoca, LLC (“TheraVoca”) provides TheraVoca.com and related online forms (together, the “Platform”) to connect persons wishing to search for certain mental or behavioral health professionals (each a “Searcher”), on behalf of themselves or another individual (e.g., a friend or family member) (each, a “Patient”), with third-party professionals (“Therapists”) who provide mental or behavioral health and therapy services (“Therapy Services”). 

These Terms of Use (the “Terms”) govern the Searcher’s access to and use of the Platform. These Terms also govern our services made available to Searchers on or through the Platform (the “TheraVoca Services”, and together with the Platform, the “Services”). These Terms are a binding legal agreement between you and TheraVoca (“we”, “us”, and “our”). All references to “you” or “your”, as applicable, mean collectively, the Searcher who accesses or uses the Services in any manner and the Patient (if different from the Searcher) and each of your heirs, assigns and successors.

These Terms do not govern Therapists’ use of the Services in their capacity as Therapists any access or use of the Services by a Therapist is governed by separate terms.

TheraVoca does not sponsor or endorse any Therapist.  Therapists in your search results are not employed by TheraVoca.  TheraVoca is not responsible for any Therapist.  We reserve the right to revise these Terms, at our sole discretion, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services after any such update constitutes your binding acceptance of such changes, except (i) where applicable law requires additional notice regarding such updates, in which case we will comply with such additional notice requirements and (ii) in any case, the version of the Terms that is in effect when you purchase a search will remain applicable to that particular search.

ACCESS TO AND USE OF THE SERVICES

By accessing, using, or interacting with the Services, you are indicating that you have read, understand, and agree to be bound by these Terms, and you consent to our collection and other handling of information as described in our Privacy Policy.  If you do not agree to be bound by these Terms or any provisions hereof, please do not access or use the Services.

In order to use certain parts of the Services, you may be required to provide certain information about yourself and/or the Patient for which you are registering.  You are responsible for ensuring that all required registration information you submit is truthful and accurate, and that your contact information (including email address and phone number, as applicable) is current. [In the event you are required to create an account with us to access and use the Services (a “User Account”), you are solely responsible for maintaining the confidentiality and security of your User Account login information. You agree not to share your login credentials or access to your User Account with anybody or to create more than one account.  We are not liable for any losses incurred by you or any party as a result of unauthorized use of your User Account. You agree to notify us immediately of any unauthorized use of your User Account.

We reserve the right to close, suspend or limit access to your User Account and/or the Services in the event that, in our sole discretion: (i) we are unable to obtain or verify your identity or eligibility; (ii) the security of your User Account has been compromised; or (iii) your User Account has been, or is reasonably suspected to have been, used in a nefarious manner.

ELIGIBILITY

You may only use the Services if you can form a binding contract with TheraVoca (for yourself and, if applicable, on behalf the Patient you are representing), and only in compliance with the Terms and all applicable local, state, national, and international laws, rules and regulations. You must be at least 18 years of age (or the age of majority where you reside if that is older than 18 years of age) to use the Services. If you are agreeing to these Terms on behalf of a Patient in addition to yourself, you represent and warrant that you are authorized to do so.

USER CONTENT & OUTPUT

In using the Services, you may submit, upload, publish, transmit or otherwise make available on or through the Platform certain content, including without limitation, preferences, descriptions, text, information and other materials (collectively, “User Content”).  You may not include any information that would allow identification of the Patient in your User Content.  You are solely responsible for any User Content that you make available through the Platform, including any necessary third-party rights in the User Content. You represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform, or that you have all rights, licenses, consents and releases that are necessary to grant to TheraVoca the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your submission, uploading, publication or transmittal of the User Content or TheraVoca’s use of your User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third-party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

We reserve the right but have no obligation to pre-screen any User Content before its appearance on the Platform, and may forbid or prevent you from uploading, storing, sharing, sending or displaying such User Content to and through the Platform at any time.  We may, in our sole discretion, reject, move, edit, or remove any User Content that is submitted to the Platform for any reason whatsoever, including without limitation, User Content that violates these Terms.When you submit, upload, publish, or transmit User Content as part of your use of the Platform, TheraVoca will use your User Content for the TheraVoca Services to provide matches with Therapists that may meet your search criteria. As a result of the TheraVoca Services, you will receive personalized search results generated or produced in connection with your User Content (“Output”). Such Output will include a list of Therapists and their respective contact information so that you may communicate outside of the Platform with such Therapists.

REFUNDS

The refund policy set forth on our Platform at the time you make a purchase applies to that particular purchase.

ACCEPTABLE USE

The Platform is designed to facilitate the search for Therapy Services for legitimate personal purposes.  By using the Platform, you agree to search for Therapists (i) for lawful purposes only, and (ii) only for your own use or for a Patient who has authorized you to perform such searches on their behalf.  You further agree that you will not search for, arrange or book Therapy Services in connection with any activities that are illegal, or otherwise fraudulent or malicious, such as bookings that involve fictitious, fraudulent, abusive, or duplicative transactions.

INTELLECTUAL PROPERTY

License Grant. Subject to the terms and conditions herein, we grant you a limited, non-exclusive, non-transferable, non-sublicensable revocable license to access and use the Services solely for the permitted uses described herein. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.

Reservation of Rights. As between you and TheraVoca, the Services, including without limitation any content, data, organization, graphics, design, compilation, magnetic translation, sound, artwork, computer code, digital conversion, logos, names, patents, trademarks, service marks, product and service names, slogans, copyrights, and all the intellectual property rights therein or relating thereto, are and shall remain the exclusive property of TheraVoca or its licensors (as applicable).  Nothing in these Terms shall be interpreted to provide you with any rights in the foregoing, except the limited right to use the Services expressly set forth herein.

License to User Content. When you submit User Content to or through the Platform, you grant TheraVoca a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, cache, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or hereafter devised, without compensation to you, for purposes of performing the Services.Feedback. From time to time, you may provide us with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the Services or our business in general, including ideas for new features, materials, and other content (“Feedback”). By providing us Feedback, you grant to us exclusive ownership of the Feedback and of all intellectual property rights and other rights in it, and you will provide us with reasonable cooperation in documenting this grant. TheraVoca has no obligation to do anything with Feedback, but we will have the full, worldwide, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback via all forms of media, distribution methods, and technology now known or later developed, for any purposes, commercial or otherwise, and to transfer or license our rights in the Feedback, without notice, acknowledgement or compensation to you.

PROHIBITED USES

In using the Services, you agree that you shall not, and shall not encourage, assist or enable any other third party to: (i) reproduce, duplicate, modify, copy, adapt, distribute, transmit, display, sell, rent, lease, loan,, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, services or data found in or on the Services; (ii) alter or tamper with any materials on or associated with the Services; (iii) engage in any activity that could cause us to violate any applicable law, statute, ordinance, or regulation; (iv) engage in any conduct that is fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, obscene, or otherwise violates any law or right of TheraVoca, its Searchers, Patients, or any third party, including privacy rights, copyrights, or other intellectual property rights; (v) submit, send, post, upload or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters or any other form of solicitation; (vi) attempt to circumvent any technological measure implemented by use or any of our providers or any other third party (including another use) to protect or restrict access to the Services; (vii) attempt to decipher, remove, decompile, disassemble or reverse engineer any software or other underlying code in the Services, or use any network monitoring or discovery software to determine the Services architecture; (viii) remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services, or on any materials printed or copied from the Services; (ix) use any robots, spiders, scrapers or any other automated means to access the Services for any purpose; (x) take action that imposes, or may impose, in the discretion of TheraVoca, an unreasonable or disproportionately large load on TheraVoca’s infrastructure; (xi) collect or harvest, including by means of spidering or use of spyware, any data (including personally identifiable information) from the Services; (xii) resell or make any commercial use of the Services except as authorized hereunder without our prior written consent; (xiii) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xiv) disrupt, overwhelm, attack, modify or interfere with the proper working of the Services, or impede or interfere with others’ use of the Services; (xv) access any content in or on the Services through any technology or means other than those provided or authorized by the Services; (xvi) transmit any viruses, malicious code or other computer instructions or technological means whose purpose is to disrupt, damage or interfere with the use of computers or related systems; (xvii) use any content on the Services in any manner that may infringe ay intellectual property right, proprietary right, or property right of us or any third party; (xviii) access the Services to build a similar or competitive website, application, product, or service; or (xix) use the Services in any way except as permitted by these Terms.

DMCA NOTICE

We respect the intellectual property of others, and we ask you to do the same. It is not our intent to infringe on the intellectual property rights of others, and we will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).  It is our policy to terminate the accounts of repeat infringers in appropriate circumstances.  If you believe that your copyrighted materials has been copied in a way that constitutes copyright infringement, please provide us with a written notice (“DMCA Notice”) with the following information:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located in or on the Services;
  4. Information reasonably sufficient to permit TheraVoca to contact you, such as your address, telephone number, and e-mail address;
  5. 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 law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The fastest way to submit a DMCA Notice to us is by emailing our copyright agent at copyright@theravoca.com, with the subject line “COPYRIGHT INFRINGEMENT”. Please note that we may request additional information before removing any allegedly infringing material.  The full contact details of our copyright agent are:

Copyright Manager
TheraVoca, LLC
2373 Broadway
New York, NY 10024
(561) 571-0024
copyright@theravoca.com

We may notify you if we receive a DMCA Notice about User Content that you have submitted to the Platform.  If you receive a notification that you are allegedly infringing on another’s copyright, you may file a responsive notice (“Counter-Notice”). We will review all DMCA Notices and Counter-Notices consistent with the DMCA.  

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL (IN A DMCA NOTICE OR COUNTER-NOTICE) IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

NO ENDORSEMENT

TheraVoca does not endorse, warrant or make any representation (except those expressly and unambiguously made by TheraVoca directly on the Platform) concerning any Therapist or any Therapy Services. We contractually obligate Therapists to provide accurate information, and although TheraVoca reserves the right to use additional checks and processes designed to help verify or check the identities or backgrounds of Therapists, we do not make any representations about, confirm, or endorse any Therapists or their purported identity or background. This is true regardless of the specific Therapy Services they offer or any involvement by TheraVoca personnel in facilitating the scheduling of those Therapy Services.

WARRANTY DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND OUTPUT ARE PROVIDED WITHOUT WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, AND THERAVOCA HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, THERAVOCA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.

ADDITIONAL DISCLAIMERS

THERAVOCA DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE, OR PERFORM THERAPY SERVICES, AND DISCLAIMS ALL LIABILITY WITH RESPECT THERETO. YOU UNDERSTAND AND ACKNOWLEDAGE THAT ANY TIME YOU BOOK THERAPY SERVICES BASED ON RESULTS FROM THE PLATFORM, OR RECEIVE A QUOTE IN CONNECTION WITH THERAPY SERVICES, THAT YOU ARE CONTRACTING DIRECTLY WITH THE THERAPIST OFFERING SUCH THERAPY SERVICES.

YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT THERAVOCA DOES NOT MONITOR ANY THERAPIST’S COMPLIANCE WITH ANY LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND THERAVOCA WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THERAPIST’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. FURTHERMORE, THERAVOCA DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE DECISIONS YOU AND/OR THE PATIENT MAKE REGARDING YOUR USE OF THE SERVICES OR OUTPUT.

YOU (OR THE PATIENT IF YOU ARE NOT THE PATIENT) ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THERAPISTS, AND WITH OTHER PERSONS WITH WHOM YOU (OR THE PATIENT IF YOU ARE NOT THE PATIENT) COMMUNICATE OR INTERACT AS A RESULT OF YOUR (OR THE PATIENT’S IF YOU ARE NOT THE PATIENT) USE OF THE SERVICES. YOU UNDERSTAND THAT THERAVOCA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY THERAPIST, OR TO REVIEW OR VET ANY THERAPY SERVICES. YOU (AND THE PATIENT IF YOU ARE NOT THE PATIENT) AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH THERAPISTS AND WITH OTHER PERSONS WITH WHOM YOU (OR THE PATIENT IF YOU ARE NOT THE PATIENT) COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU (OR THE PATIENT IF YOU ARE NOT THE PATIENT) DECIDE TO MEET OFFLINE OR IN PERSON AND RECEIVE THERAPY SERVICES. THERAVOCA EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY THERAPISTS.

DISPUTES WITH THERAPISTS

As a result of your use of the Services, you (and/or the Patient if you are not the Patient) may enter into correspondence with or obtain Therapy Services from Therapists. Any such activity is solely between you and the Patient and the applicable Therapist. TheraVoca provides the Services to you pursuant to these Terms. You recognize, however, that certain Therapy Services may require your (or the Patient’s if you are not the Patient) agreement to additional or different terms and conditions prior to your (or the Patient’s if you are not the Patient) use of or access to such Therapy Services, and TheraVoca disclaims any and all responsibility or liability arising from such agreements between you (or the Patient if you are not the Patient) and the Therapist.  Furthermore, TheraVoca and its licensors shall have no liability, obligation or responsibility for any such correspondence, transaction, or other interaction between you (or the Patient if you are not the Patient) and any such Therapist. 

ANY DISPUTE YOU (OR THE PATIENT IF YOU ARE NOT THE PATIENT) HAVE WITH ANY THERAPIST IS DIRECTLY BETWEEN YOU (OR THE PATIENT IF YOU ARE NOT THE PATIENT) AND SUCH THERAPIST. YOU HEREBY IRREVOCABLY RELEASE THERAVOCA AND ITS AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES WITH THERAPISTS.  THERAVOCA WILL NOT BE A PARTY TO YOUR (OR THE PATIENT’S IF YOU ARE NOT THE PATIENT) DISPUTES WITH THERAPISTS OR NEGOTIATIONS OF DISPUTES BETWEEN YOU (OR THE PATIENT IF YOU ARE NOT THE PATIENT) AND ANY THERAPIST; HOWEVER, THERAVOCA RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU (OR THE PATIENT IF YOU ARE NOT THE PATIENT) AND ANY THERAPIST.

INDEMNIFICATION

To the fullest extent permitted by law, you agree at your own expense to indemnify, defend, and hold harmless TheraVoca and its subsidiaries, agents, licensors, managers, and other affiliated companies, and each of their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) incurred in, arising out of or in any way related to: (i) your breach of these Terms; (ii) your (or Patient’s, if the Patient is not you) use of or access to the Services; (iii) any dispute between you (or the Patient if the Patient is not you) and any Therapist; (v) your booking, purchase and/or your (or the Patient’s if the Patient is not you) use of Therapy Services; (vi) your violation of any applicable law, rule or regulation; and (vii) your negligence or willful misconductWe reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses. You will not settle or compromise any such claim without our prior written consent.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE THERAVOCA BE LIABLE TO YOU (OR THE PATIENT IF YOU ARE NOT THE PATIENT) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ARISING OUT OF OR WITH RESPECT TO ANY SERVICES, PROVIDED BY THERAVOCA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THERAVOCA HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF THERAVOCA, ARISING FROM OR RELATING TO THE TERMS, THE SERVICES, THERAPY SERVICES, OR FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM, OR IN CONNECTION WITH ANY THERAPY SERVICES OR INTERACTIONS WITH ANY THERAPISTS EXCEED ONE HUNDRED U.S. DOLLARS ($100.00 USD). 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. 

MODIFICATION, SUSPENSION AND TERMINATION

Except as prohibited by applicable local legal requirements, we reserve the right to modify or discontinue the Services (or any portion thereof), temporarily or permanently, for any reason whatsoever, with or without notice.  TheraVoca shall not be liable to you or any for any such modification, suspension or discontinuance of the Services.We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights granted to you herein with respect to the Services will immediately terminate; however, certain provisions of these Terms will still apply after termination.

GOVERNING LAW

These Terms are governed by the laws of the State of New York (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of these Terms. Nothing in these Terms prevents either party from seeking injunctive relief in a court of competent jurisdiction. Any legal action or proceeding arising out of or relating to these Terms or the subject matter hereof shall be instituted in any United States federal court or state court located in the Borough of Manhattan, New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. The parties agree that the terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to this Agreement.  

The parties acknowledge and agree that the terms of this Section are reasonable and hereby irrevocably and unconditionally (a) waive any objection to such courts having venue of any action or proceeding, and (b) waive and agree not to claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.

MISCELLANEOUS

Entire Agreement.  These Terms constitute the entire agreement between you and TheraVoca, and supersede any prior and contemporaneous agreements between you and TheraVoca on the subject matter.

Force Majeure. Under no circumstances will TheraVoca be liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services, or the Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TheraVoca’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.  In the event that any provision is deemed unlawful or unenforceable, you and TheraVoca agree that such provision shall be modified or amended by the court or relevant authority to the extent necessary to render it enforceable, in accordance with the intent of the original provision. The modified provision shall be interpreted so as to reflect the original intent of the parties as closely as possible, while remaining compliant with applicable law.

Third-party beneficiaries. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

No agency. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms, and you shall have no right or authority to assume or create any obligations or to make any representations on behalf of TheraVoca, or to bind TheraVoca in any respect

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of TheraVoca.  Any attempted transfer or assignment in violation hereof shall be null and void.

Electronic processing. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.Headings. Headings and subheadings in these Terms are for convenience only and have no legal or contractual effect.

CONTACT US

If you wish to contact us or have any questions or concerns related to these Terms or your use of the Services, please email us at legal@theravoca.com.