S Groups Inc.
TERMS OF SERVICE
Last Updated – November 8, 2023
S Groups provides access to an online social skills platform (the “Platform”) via the S Groups website, www.sgroups.com (the “Site”). The Platform is owned and operated by S Groups Inc. (“S Groups,” “we,” or “us”).
Your use of the Platform is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”). The terms “You”, “Your,” and “Yourself” refer to the individual user of the Service.
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE PROVISIONS OF THE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE PLATFORM. USE OF THE PLATFORM IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
IF YOU ARE A PARENT OR GUARDIAN AND BECOME AWARE THAT YOUR CHILD UNDER THE AGE OF 13 HAS REGISTERED WITH THE SITE OR HAS OTHERWISE PROVIDED US WITH PERSONAL INFORMATION, PLEASE CONTACT US IMMEDIATELY AT support@sgroups.com.
1. UPDATES TO TERMS OF SERVICE; INTEGRATION. We may, in our sole discretion, modify the Terms of Service via email or by posting notice on any part of the Site. The “Last Updated” date at the top of the Terms of Service indicates when the latest modifications were made to the Terms of Service. By continuing to access and use the Platform you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. You are encouraged to review this Terms of Service periodically and to check the “Last Updated” date at the top of the Terms of Service for the most recent version. If you do not agree to these terms, you cannot use the Platform. Your usage of the Platform is subject to our Privacy Policy, which, explains our information practices regarding the collection, use and disclosure of the information collected when you use the Site [Privacy Policy], and these Terms of Service, which governs the terms of your usage of the Site and the Platform. The Privacy Policy and Cookie Policy are hereby incorporated by reference into these Terms of Service
2. PLATFORM ACCESS AND SECURITY. In order to access the Platform, you must fill out an online form which will ask you to provide your name, email address, and additional information. It is a violation of these Terms of Service for you to:
You are solely responsible for the activity that occurs in connection with your use of the Platform and for any unauthorized use of your information. You must notify us immediately of any change in your eligibility to use the Platform, breach of security or unauthorized use of your information. We may, in our sole discretion, refuse to offer the Platform to any person or entity and change its eligibility criteria at any time.
You are solely responsible for ensuring that your use of the Site and Platform is in compliance with all applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical codes in relation to your use of the Site and/or the Platform, and the right to access the Site and Platform is revoked where these Terms of Service or use of the Site or Platform is prohibited or to the extent offering, providing, or using the Site and Platform conflicts with any applicable law, rule or regulation. Further, the Site and Platform are offered only for your use, and not for the use or benefit of any third party.
If you receive any email, attachment or file from us, whether through the Platform or otherwise, you agree to check and scan such email, attachment or file for any virus or malicious software prior to opening or using the same.
3. THERAPISTS. The Platform may be used to connect you with a therapist or provider (“Provider”) who will provide online group support or online group therapy services to you and others through the Platform (“Group Services”). After you fill out the initial online form, you will have an initial consultation with a Provider to help determine the Group Services applicable to you.
Additionally, you understand, agree and acknowledge that online Group Services may not be the appropriate solution for your needs, are not appropriate for every particular situation, and may not be a complete substitute for in-person or individualized examination and/or care. You are advised to exercise the same level of care and caution in the use of the Platform or the Group Services as you would in making any mental health or medical decision.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR PRIMARY DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL ON ACCOUNT OF INFORMATION THAT YOU SAW ON THE SITE OR ADVICE THAT YOU RECEIVED THROUGH THE PLATFORM OR A PROVIDER.
4. SCOPE OF USE; CONTENT. You shall use the Site in connection with your usage of the Platform and the therapy and support services offered through the Platform.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on the Site or otherwise through the Platform.
You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates S Groups’s right or the rights of any third party. Except as expressly provided in these Terms of Service, you may not reproduce, modify, display or distribute any text, graphics, images, videos or other Content available through the Platform, or the design and layout of the Site (including its “look and feel”), without S Groups’s prior written consent.
By accessing the Site, you agree to abide by all security and safety measures established by S Groups or that are otherwise applicable. S Groups may also impose limits on certain features of the Platform or restrict access to any part or all of the Platform without notice or penalty.
Additional restrictions on use of the Site and the Platform are set forth in the Privacy Policy, the terms of which are incorporated herein.
5. CONTENT IS NOT MEDICAL ADVICE. Nothing contained in the Site, the Content, or the Platform should be considered medical advice — other than the guidance and counseling that you receive directly from the applicable provider or therapist and which you do not and will not receive from S Groups. None of the Content (be it educational, graphics, research sources or incidental information) represents or warrants that any particular treatment option is safe, appropriate, or effective for you. You should always talk to an appropriately qualified health care professional with respect to diagnosis and/or treatment, including for information regarding which medications or treatment may be appropriate for you.
6. INTELLECTUAL PROPERTY. S Groups and its licensors own all intellectual property rights in the Site and the Content, except for certain third party content on the Site, your posted Content and as otherwise expressly indicated. The Site and all Content therein or components thereof (including, without limitation, software and accompanying documentation) are protected by United States and international trademark and copyright laws. Any unauthorized use of the Content may violate copyright laws, laws of privacy and publicity, and other laws and regulations. In exercising any permitted use of the Content, you agree to leave all copyright, trademark and other proprietary notices intact. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Any violation by you of the intellectual property rights of S Groups or any third party will result in termination of your usage of the Platform.
7. TERMINATION. You may terminate your use of the Platform at any time. You agree that S Groups may terminate or suspend your access to all or part of the Platform, with or without notice, in our reasonable discretion, at any time. S Groups reserves the right to modify or discontinue the Platform (or any part thereof) at any time. Following the termination or cancellation of your subscription to the Platform, we reserve the right to delete all your data in the normal course of operations, or to retain any information associated with you in our sole discretion. Sections 6, 8, 9, and 10 shall survive termination of your usage of the S Groups Platform. Notwithstanding your termination of your use of the Platform, (A) amounts paid in advance for Group Services shall not be refundable unless the Provider cancels such Group Services, and (B) you shall remain obligated to pay for any Group Services Fee in respect of any Group Services for which you have made a reservation but for which your credit card has not been charged (unless you terminate your account prior to both the formation of a group and the Confirmation that the Group Services will occur, in which case you will not be charged; for the avoidance of doubt, if a Confirmation is sent, S Groups retains the right to charge the Group Services Fee to your credit card even if you terminate your account prior to the occurrence of any Group Services).
8. DISCLAIMERS. YOUR USE OF THE SITE, CONTENT, AND GROUP SERVICES IS AT YOUR SOLE RISK. S GROUPS SPECIFICALLY DISCLAIMS ALL LIABILITY TO YOU OR TO ANY THIRD PARTY, AND YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM, ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF, RELATING TO, OR RESULTING FROM THE GROUP SERVICES, SITE, PROVIDER, OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY PROVIDER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SITE OR THE PLATFORM, EVEN IF S GROUPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FOR (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). IN NO EVENT SHALL THE S GROUPS’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), TO THE EXTENT SUCH DAMAGES EXCEED THE AMOUNTS PAID BY YOU FOR GROUP SERVICES WHICH HAVE NOT OCCURRED.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, S Groups’s liability will be limited to the fullest extent permitted by applicable law.
9. NO WARRANTIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE PLATFORM, THE SITE, THE GROUP SERVICES, AND ALL INFORMATION, CONTENT, AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR OTHERWISE IN CONNECTION WITH THE PLATFORM (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, OR ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON, THROUGH, OR IN CONNECTION WITH, THE PLATFORM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY S GROUPS SHALL CREATE A WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
10. GOVERNING LAW; ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SITE, PROVIDER, CONTENT, GROUP SERVICES, OR THE PLATFORM IN ANY WAY, SHALL BE GOVERNED EXCLUSIVELY BY CALIFORNIA LAW WITHOUT REGARD TO CHOICE-OF-LAW OR CONFLICT-OF-LAW PRINCIPLES AND WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account or their usage of the Platform, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and fifty (150) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any state or federal court having competent jurisdiction in the State of California, county of Contra Costs. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the Site, Provider, Content, Group Services, or the Platform in any way or these Terms of Services, must be filed within one (1) year after such claim of action arose or be forever banned.
11. PAYMENT. You agree to promptly pay all of the fees and charges associated with your usage of the Platform in accordance with the terms and the rates that are published on the Site or otherwise disclosed in connection with your use of the Platform. Such fees and charges (including, without limitation, any taxes and late fees, as applicable) may be charged to the credit card that you provide during the initial sign-up process, and you agree to update such information as needed to maintain valid credit card information for payment. By providing S Groups with credit card information you hereby irrevocably authorize S Groups to bill and charge your credit card (immediately with respect to the Initial Consultation Fee, and with respect to the Group Services Fee, following a Confirmation that the Group Services will occur. If for any reason S Groups is unable to charge your card to make payment to the Provider, you agree that you will indemnify us with respect to any amounts owed to your Provider in respect of the Group Services.
Payment you make to S Groups for the use of the Platform or the Group Services is used to compensate S Groups for its costs and expenses, including, without limitation, software development, overhead, administrative services, transaction fees for credit card usage, and any other corporate costs, fees or expenses.
Part of your payment for the use of the Platform, accounted for separately, is remitted to the Provider for the direct clinical services provided to you. S Groups does not participate, split, or take a percentage of this payment to the Provider. However, each of the Providers that utilize the Platform to provide Group Services also compensate S Groups for their use of the S Groups Platform in the form of administrative fees, pursuant to a separate agreement between S Groups and such Provider.
12. PRIVACY. Use of the Site and the Platform is subject to the terms of our Privacy Policy and Cookie Policy, each of which is hereby incorporated into and made part of these Terms of Service. Please carefully review our Privacy Policy and Cookie Policy, which explains how we collect, use, and disclose information. By using or accessing the site or the Platform, you agree to be bound by the terms of our Privacy Policy and our and Cookie Policy.