Mativa

TERMS OF SERVICE

Effective Date: 8/1/2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HIMMELMAN FAMILY, LLC D/B/A MATIVA (“COMPANY,” “WE,” “US,” OR “OUR”). BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE.

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND MASS ARBITRATION PROCEDURES THAT MAY AFFECT YOUR LEGAL RIGHTS.

1. Acceptance of Terms; Relationship to Therapist Listing Agreement

These Terms govern your access to and use of Company’s website located at Mativa.co and its features, including directory listings and related search functionality, content, communications, application programming interfaces (“APIs”), and other features or services made available through the website from time to time (collectively, the “Site”).

These Terms incorporate by reference Company’s Privacy Policy. Company may update these Terms from time to time by posting the revised Terms on the Site or providing notice through another reasonable means. Unless otherwise stated, revised Terms become effective when posted. Your continued use of the Site after the effective date constitutes acceptance of the revised Terms.

Listing Providers must separately agree to Company’s Therapist Listing Agreement and any applicable Order Form, which govern all matters relating to Listings and Listing Services. These Terms govern only general access to and use of the Site.

2. Definitions

For purposes of these Terms:

“Consumer” means an individual who uses the Directory for personal, family, or household purposes to identify or evaluate a potential Therapist.

“Directory” means the searchable online directory of Listings made available through the Site.

“Listing” means a profile, advertisement, directory entry, or other display associated with a Therapist, which may include a name, photograph, biography, professional credentials, specialties, practice areas, populations served, locations, licensure information, contact information, website links, fees, insurance information, availability, and other information supplied by or on behalf of a Listing Provider.

“Listing Provider” means any therapist, group practice, professional entity, or other person or organization that submits, purchases, or manages a Listing.

“Therapist” means a Listing Provider, group practice, professional entity, or other provider identified or described in a Listing.

“Third-Party Services” means independent websites, platforms, software, APIs, hosting providers, search or mapping services, analytics services, communications tools, social media services, scheduling tools, professional licensing databases, and other products or services that are not owned or controlled by Company and may be linked to, integrated with, or used in connection with the Site.

“Usage Data” means technical, diagnostic, operational, statistical, analytical, performance, telemetry, metadata, log, device, browser, clickstream, interaction, and similar information generated by or collected through operation and use of the Site, excluding the identifiable content of a Listing.

“You,” “your,” “User” means the individual who accesses or uses the Site or otherwise accepts these Terms.

3. Eligibility and General Access

The Site is intended for Users located in the United States who are at least eighteen (18) years of age. By using the Site, you represent and warrant that you meet these requirements and have legal capacity to enter into these Terms. If you access or use the Site on behalf of a minor child or another individual, you represent and warrant that you are the child’s parent or legal guardian or are otherwise legally authorized to act on that individual’s behalf and to accept these Terms. In that circumstance, references in these Terms to “you” and “your” include both you, in your representative capacity, and the minor child or other individual on whose behalf you are acting, as the context requires.

Company does not require Consumers to create an account to browse the Directory. If Company makes account or other interactive functionality available, you must provide accurate information, safeguard any credentials, promptly notify Company of suspected unauthorized use, and accept responsibility for activity occurring through your account. Listing Provider accounts are governed by the Therapist Listing Agreement.

Company may suspend, restrict, or terminate access to the Site if Company reasonably believes that access has been compromised, violates these Terms or applicable law, or presents a legal, security, operational, or reputational risk.

4. Purpose of the Site

The Site is an advertising and informational resource designed to help Consumers identify and contact independent Therapists who describe their practices as focusing on fertility, pregnancy, postpartum, early parenthood, perinatal mental health, or related areas. Company’s role is limited to providing technology and directory space through which Listings may be displayed and Consumers may view Listings and contact Therapists directly using the contact information or external links included in those Listings.

Company is not a party to any communication, consultation, intake, appointment, financial arrangement, treatment relationship, or other interaction between a Consumer and a Therapist. Therapists act independently, exercise their own professional judgment, establish their own fees and policies, determine whether and how to accept a Consumer, and are solely responsible for all services they provide or decline to provide.

5. No Vetting, Verification, Approval, or Endorsement

COMPANY IS NOT A REFERRAL SERVICE AND DOES NOT INVESTIGATE, SCREEN, BACKGROUND-CHECK, CREDENTIAL, LICENSE, CERTIFY, APPROVE, VERIFY, MONITOR, SUPERVISE, RECOMMEND, OR ENDORSE ANY THERAPIST OR LISTING. COMPANY DOES NOT INDEPENDENTLY VERIFY THE IDENTITY, LICENSURE, EDUCATION, TRAINING, EXPERIENCE, SPECIALTIES, CERTIFICATIONS, INSURANCE PARTICIPATION, FEES, AVAILABILITY, DISCIPLINARY HISTORY, MALPRACTICE HISTORY, PROFESSIONAL STANDING, LOCATION, ACCURACY OF LISTING INFORMATION, QUALITY OF SERVICES, OR SUITABILITY OF ANY THERAPIST.

A Therapist’s appearance in the Directory means only that a Listing has been submitted or purchased for display. Company encourages Therapists to use the Directory and our services responsibly, but we have no control over, and cannot guarantee the availability of, any Therapist at any particular time. Consumers are solely responsible for independently evaluating a Therapist and verifying all information important to their selection. Consumers should consult applicable state licensing boards, insurers, and other authoritative sources and ask the Therapist appropriate questions before beginning services.

6. Consumer Use of the Directory

Consumers may browse and search the Directory without charge. Search results and filters are provided for convenience only and may be incomplete, inaccurate, outdated, unavailable, or affected by information supplied by or on behalf of Therapists, a Consumer’s search criteria, geographic settings, profile completeness, technical limitations, paid or sponsored placement, or other factors selected by Company. Company does not guarantee that the Directory includes every qualified Therapist or that any Therapist will respond, accept a Consumer, have availability, accept insurance, charge any particular fee, be licensed in the Consumer’s jurisdiction, or be suitable for the Consumer’s needs.

Consumers must use their own judgment in selecting and engaging a Therapist. Any decision to contact, meet with, pay, or obtain services from a Therapist is made solely by the Consumer. Company is not responsible for the acts, omissions, statements, availability, conduct, services, fees, billing, privacy practices, records, clinical decisions, treatment outcomes, or other activities of any Therapist.

7. Paid or Sponsored Listings

Company may enter into contracts with and receive fees from Listing Providers for directory display. Company may also display advertisements or sponsored search results through the Site (“Sponsored Results”), including above, alongside, or interspersed with other search results. Sponsored Results do not constitute, and should not be construed as, Company’s endorsement, referral, recommendation, verification, or approval of any Listing Provider. Sponsored Results will be identified using a label such as “Sponsored” or a similar disclosure.

8. No Medical or Professional Advice; Emergencies

All Site content, including Listings, articles, descriptions, search filters, categories, tags, and other information, is provided solely for general informational and advertising purposes. Company is not a healthcare provider, mental health professional, therapy practice, OR referral agency. Company does not provide medical, psychological, behavioral health, counseling, therapy, diagnostic, treatment, case-management, crisis, or other professional services. No physician-patient, therapist-client, provider-patient, fiduciary, or other professional relationship is created between Company and any User or Therapist through use of the Site.

DO NOT USE OR RELY ON THE SITE FOR CRISIS RESPONSE, EMERGENCY OR URGENT MEDICAL OR MENTAL HEALTH NEEDS. IF YOU ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE CONSIDERING SUICIDE OR SELF-HARM, OR BELIEVE THAT YOU OR ANOTHER PERSON MAY BE IN DANGER, IMMEDIATELY CALL 911 OR CONTACT AN APPROPRIATE HEALTHCARE PROFESSIONAL OR EMERGENCY SERVICE. If you are experiencing suicidal thoughts, emotional distress, or a mental health crisis, call or text 988 to reach the 988 Suicide & Crisis Lifeline.

YOUR USE OF AND RELIANCE ON THE SITE AND ANY CONTENT AVAILABLE THROUGH IT IS SOLELY AT YOUR OWN RISK.

9. Communications and Relationships with Therapists

A Listing may provide a phone number, email address, website link, scheduling link, social media account, or other method through which a Consumer can contact a Therapist. Unless Company expressly introduces and identifies an on-Site communication feature, Consumers communicate directly with Therapists outside the Site, and Company does not receive, review, store, monitor, control, or guarantee delivery of those communications.

Any information a Consumer provides directly to a Therapist is provided to that Therapist and is governed by the Therapist’s own privacy notice, professional obligations, and terms, not Company’s Privacy Policy or these Terms. Consumers should review the Therapist’s privacy and service terms before providing health, financial, or other sensitive information. Company is not responsible for a Therapist’s handling of information, communications, records, scheduling, payment, or services.

10. Third-Party Services, Links, and APIs

The Site may include, rely upon, integrate with, or link to Third-Party Services, including mapping, search, hosting, analytics, scheduling, communications, social media, and other tools or APIs. Company may add, replace, suspend, or discontinue Third-Party Services at any time. Third-Party Services are independent from Company and may be subject to separate terms, privacy policies, fees, availability, and technical limitations.

Company does not own or control Third-Party Services and does not endorse or assume responsibility for their content, availability, accuracy, performance, security, privacy practices, legality, or acts or omissions. A link or integration does not imply affiliation, sponsorship, approval, or endorsement. You use Third-Party Services at your own risk and are responsible for complying with their terms.

Third-Party Services may change, restrict, suspend, or discontinue access to their services or APIs, which may affect Site functionality or Listing display. Company has no liability for any interruption, error, loss, or change caused by a Third-Party Service or another event outside Company’s reasonable control.

11. License to Use the Site; Company Intellectual Property

11.1 Limited Site License

Subject to continued compliance with these Terms, Company grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site solely for lawful purposes consistent with its intended functionality. Consumers may use the Directory only for personal, non-commercial purposes to identify potential Therapists. Any use of account or Listing functionality by a Listing Provider is additionally governed by the Therapist Listing Agreement.

11.2 Company Intellectual Property

The Site, Directory, software, source code, object code, APIs, databases, compilation and arrangement of Listings, search and ranking methods, user interfaces, designs, text, graphics, logos, trademarks, service marks, trade names, documentation, workflows, Usage Data, analytics, and all related improvements and intellectual property rights (collectively, “Company IP”) are owned by Company or its licensors. Except for the limited license expressly granted by these Terms, no right, title, or interest in Company IP is transferred to you.

Listings and other third-party content may be protected by intellectual property, privacy, publicity, or other rights belonging to Therapists or other third parties. Except for viewing a Listing through the Site for its intended purpose, these Terms do not grant you any right to reproduce, distribute, modify, publish, scrape, compile, commercially exploit, or otherwise use a Listing or third-party content.

11.3 Feedback

If you provide ideas, suggestions, comments, corrections, or other feedback regarding the Site (“Feedback”), you grant Company a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right and license to use, reproduce, modify, distribute, commercialize, and otherwise exploit the Feedback for any purpose without attribution, restriction, notice, or compensation.

12. Acceptable Use and Community Conduct

You agree not to access or use the Site to:

(a) violate any law, regulation, contractual obligation, or third-party right;

(b) submit or transmit false, misleading, fraudulent, defamatory, unlawful, infringing, discriminatory, harassing, obscene, or otherwise harmful content or communications;

(c) impersonate another person, misrepresent an affiliation, create or attempt to create an unauthorized Listing, or falsely claim endorsement, approval, credentials, licensure, or qualifications;

(d) collect, use, sell, license, scrape, crawl, harvest, compile, or otherwise extract Listings, Therapist information, search results, Site content, or data for commercial solicitation, marketing lists, competing directories, artificial intelligence or machine-learning training, data brokerage, or another unauthorized purpose;

(e) send spam, phishing, bulk communications, unlawful solicitations, or harassing communications to any Therapist or other person;

(f) copy, modify, distribute, sell, lease, sublicense, publicly display, reverse engineer, decompile, disassemble, create derivative works from, or circumvent a technological protection associated with the Site, except as expressly permitted by applicable law;

(g) interfere with Site operation, security, integrity, or availability; introduce malware or harmful code; overload systems; probe vulnerabilities; or gain unauthorized access to accounts, systems, or data;

(h) use automated means, bots, scripts, or similar technologies to access the Site except as expressly authorized in writing by Company;

(i) use the Site to provide emergency services, transmit patient records or protected health information to Company, or create the impression that Company provides, recommends, supervises, or is affiliated with professional services;

(j) use Company’s name, trademarks, branding, or a Listing to imply verification, credentialing, certification, affiliation, endorsement, approval, or referral by Company; or

(k) assist or permit another person to do any of the foregoing.

Company may investigate suspected violations, preserve and disclose information where reasonably necessary to comply with law or protect rights and safety, and cooperate with law enforcement or regulatory authorities. Company’s failure to enforce a restriction in one instance does not waive its right to enforce that restriction later.

13. Privacy; Security; HIPAA; Electronic Communications

13.1 Privacy

Consumers may browse and search the Directory without creating an account or providing their name, contact information, payment information, medical records, diagnoses, treatment information, or other detailed clinical information to Company. Company’s collection, use, disclosure, and other processing of information associated with use of the Site, including technical, cookie, search, and usage information, is described in Company’s Privacy Policy and Consumer Health Data Privacy Policy.

Consumers should not submit medical records, treatment information, or other sensitive personal information to Company. Information a Consumer provides directly to a Therapist or Third-Party Service is not provided to Company unless expressly stated at the time of collection and is subject to the recipient’s own privacy practices.

13.2 Security

Company uses administrative, technical, and physical safeguards that Company believes are commercially reasonable for the nature of the Site and information processed. No internet-based service, transmission, or storage method can be guaranteed to be completely secure. Company does not warrant that the Site or any information will be free from unauthorized access, cyberattacks, malware, service interruptions, data loss, or other security incidents.

13.3 HIPAA

Company does not act as a healthcare provider, health plan, healthcare clearinghouse, or HIPAA business associate in connection with the Site, the Directory, or any related features or functionality. The Site is not intended to receive, maintain, or transmit protected health information on behalf of any Therapist or other HIPAA covered entity. Users must not submit patient records, treatment information, protected health information, or other confidential clinical information to Company through the Site. A Therapist’s independent privacy and professional obligations are not assumed or administered by Company.

13.4 Electronic Communications

If you create an account, contact Company, or otherwise provide contact information, you consent to receive agreements, notices, disclosures, support communications, and other communications electronically, including by email or through available account functionality. Electronic communications satisfy any legal requirement that communications be in writing. You are responsible for maintaining accurate contact information and reviewing communications sent to that information. Marketing communications may be subject to separate consent and opt-out rights.

14. Changes to the Site; Suspension; Termination

Company may modify, update, enhance, replace, suspend, discontinue, remove, limit, or otherwise change all or any portion of the Site at any time, including search methods, Listing categories, features, functionality, Third-Party Services, APIs, technical requirements, and availability. Company has no obligation to continue offering or supporting any particular feature, Listing category, integration, placement method, or Third-Party Service.

Company may immediately suspend, restrict, or terminate access to the Site, with or without prior notice, if Company reasonably determines that: (a) you have violated these Terms or applicable law; (b) access presents a security, legal, regulatory, reputational, or operational risk; (c) action is requested by a governmental authority, court, payment processor, or Third-Party Service; or (d) action is otherwise reasonably necessary to protect Company, Users, the public, or the Site. Suspension, removal, cancellation, or termination of a Listing or Listing Provider account is governed by the Therapist Listing Agreement.

You may stop using the Site at any time. Provisions that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous terms.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, DIRECTORY, LISTINGS, SEARCH RESULTS, THIRD-PARTY SERVICES, AND ALL RELATED CONTENT AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AVAILABILITY, QUALITY, PROFESSIONAL COMPETENCE, SUITABILITY, RESULTS, AND ERROR-FREE OR UNINTERRUPTED OPERATION.

WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT OR REPRESENT THAT ANY THERAPIST OR LISTING IS ACCURATE, CURRENT, COMPLETE, LICENSED, QUALIFIED, AVAILABLE, APPROPRIATE, SAFE, EFFECTIVE, INSURED, OR SUITABLE; THAT ANY THERAPIST WILL RESPOND TO OR ACCEPT A CONSUMER; THAT THE DIRECTORY INCLUDES EVERY POTENTIALLY SUITABLE THERAPIST; THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT DEFECTS WILL BE CORRECTED.

COMPANY DISCLAIMS ALL RESPONSIBILITY FOR THE ACTS, OMISSIONS, STATEMENTS, PROFESSIONAL JUDGMENT, SERVICES, FEES, BILLING, PRIVACY PRACTICES, SECURITY, RECORDS, AVAILABILITY, CONDUCT, NEGLIGENCE, MALPRACTICE, OR RESULTS OF ANY THERAPIST OR THIRD-PARTY SERVICE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE FOREGOING MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “COMPANY PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, PERSONAL INJURY, EMOTIONAL DISTRESS, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO THE SITE, DIRECTORY, A LISTING, A THERAPIST, THIRD-PARTY SERVICES, OR THESE TERMS, REGARDLESS OF THE LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATING TO: (A) A CONSUMER’S SELECTION OF OR INTERACTION WITH A THERAPIST; (B) PROFESSIONAL SERVICES PROVIDED, DELAYED, REFUSED, OR OMITTED BY A THERAPIST; (C) INACCURATE, INCOMPLETE, MISLEADING, OR OUTDATED LISTING INFORMATION; (D) LICENSURE, CREDENTIALS, CONDUCT, PRIVACY PRACTICES, BILLING, OR MALPRACTICE OF A THERAPIST; (E) A THIRD-PARTY SERVICE; OR (F) UNAUTHORIZED ACCESS OR SECURITY EVENTS OUTSIDE COMPANY’S REASONABLE CONTROL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY PARTIES’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE, DIRECTORY, OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). LIABILITY ARISING UNDER OR RELATING TO THE THERAPIST LISTING AGREEMENT IS GOVERNED EXCLUSIVELY BY THAT AGREEMENT.

The exclusions and limitations in this Section apply to the fullest extent permitted by law, even if a limited remedy fails of its essential purpose. They do not limit liability that cannot lawfully be excluded or limited.

17. Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties from and against claims, demands, actions, investigations, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your unlawful, fraudulent, abusive, or unauthorized access to or use of the Site; (b) content or communications you submit or transmit through the Site, other than Listing Content governed by the Therapist Listing Agreement; (c) your material violation of these Terms or applicable law; (d) your infringement or violation of another person’s rights; or (e) your fraud or willful misconduct.

Company may assume exclusive control of the defense and settlement of a matter subject to indemnification, in which case you will reasonably cooperate. You may not settle a claim in a manner that admits liability by, imposes obligations on, or otherwise adversely affects a Company Party without Company’s prior written consent. Indemnification obligations relating to a Listing Provider, Listing, Listing Content, or professional services are governed exclusively by the Therapist Listing Agreement.

18. Governing Law; Dispute Resolution; Arbitration

18.1 Scope; Exclusion of Therapist Listing Agreement Disputes

This Section applies only to Disputes arising from general access to or use of the Site under these Terms. It does not apply to a dispute arising from or relating to a Listing Provider, Listing, Listing Services, Listing Content, fees, billing, renewal, cancellation, professional representations, suspension or removal of a Listing, or another matter governed by the Therapist Listing Agreement. Any such dispute is governed exclusively by the dispute-resolution provisions of the Therapist Listing Agreement.

18.2 Governing Law

These Terms and any dispute, claim, or controversy within the scope of this Section arising out of or relating to these Terms, the Site, or your relationship with Company or its affiliates (collectively, a “Dispute”) are governed by the laws of the State of New Jersey, without regard to conflict-of-laws principles. The Federal Arbitration Act (“FAA”) governs the interpretation, enforcement, and proceedings relating to the arbitration agreement in this Section and preempts inconsistent state law to the fullest extent permitted by law.

18.3 Informal Dispute Resolution

Before initiating arbitration or a court proceeding, except as expressly permitted below, the claimant must provide written notice describing the Dispute in reasonable detail, including the claimant’s name and contact information, the factual and legal basis of the claim, the relief requested, and supporting documentation reasonably necessary to evaluate the claim. Notices to Company must be sent to the contact information set forth below at Section 20.

After receipt of notice, the parties will participate in good-faith efforts to resolve the Dispute informally for at least sixty (60) days. Either party may request a settlement conference by telephone or videoconference, and both parties agree to participate personally, with counsel if represented, at a mutually convenient time. Compliance with this Section is a condition precedent to arbitration or litigation.

Either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or misuse of intellectual property, confidential information, trade secrets, or the security or integrity of the Site without first completing informal dispute resolution.

18.4 Agreement to Arbitrate

Except as otherwise expressly provided in these Terms, any Dispute not resolved through informal dispute resolution will be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section.

Either party may elect to pursue an individual claim in a court with authority to hear small claims matters if the claim qualifies and remains on an individual basis. If the claim is removed from or no longer qualifies for small claims court, either party may require that the Dispute proceed in arbitration.

The arbitrator has exclusive authority to resolve issues concerning the interpretation, applicability, enforceability, formation, or scope of this arbitration agreement, including any claim that all or part of it is void or voidable, except that a court of competent jurisdiction will decide enforceability of the Class Action Waiver or any matter applicable law reserves exclusively for judicial determination. The arbitrator may award any remedy available under applicable law on an individual basis but may not consolidate claims, certify a class, award relief for persons who are not parties, or conduct a representative, collective, coordinated, or class proceeding except as expressly provided in Section 18.5.

18.5 Multiple Similar Claims

If twenty-five (25) or more arbitration demands asserting substantially similar claims are submitted against Company by the same law firm, affiliated law firms, or counsel acting in coordination (a “Multiple Case Filing”), counsel for the parties will promptly meet and confer in good faith to establish procedures designed to streamline resolution, exchange relevant information, eliminate duplicative proceedings, encourage settlement, and conserve resources.

If a Multiple Case Filing consists of fifty (50) or more Disputes, twenty-five (25) Disputes selected by counsel for each side will proceed in an initial staged arbitration, to the extent permitted by the AAA, followed by confidential mediation before a mutually agreed mediator. If Disputes remain unresolved, an additional twenty-five (25) Disputes selected by counsel for each side will proceed in a second staged arbitration followed by a second confidential mediation. Remaining unresolved Disputes may then be pursued exclusively in state or federal courts located in New Jersey, and each party submits to the personal jurisdiction of those courts and waives objections based on venue or forum non conveniens.

For each Dispute deferred pending a staged proceeding, applicable limitation periods will be tolled from submission of the arbitration demand until the earliest of commencement of the applicable staged proceeding, settlement, withdrawal, or eligibility for litigation under this Section. Arbitration filing fees for deferred Disputes will be deferred until the applicable staged proceeding commences. If any portion of this Section 18.5 is unenforceable, the remainder of the arbitration agreement remains enforceable to the fullest extent permitted by law.

18.6 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES MUST BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS. YOU AND COMPANY EACH WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. If this waiver is unenforceable as to a particular claim, that claim and only that claim will proceed exclusively in the state or federal courts located in New Jersey, and the remainder of this arbitration agreement will remain enforceable. Nothing in these Terms waives a right that applicable law prohibits from being waived.

18.7 Confidentiality

Unless otherwise required by law, the parties agree that an arbitration proceeding, materials exchanged in arbitration, testimony, evidence, orders, and any award will remain confidential and may be disclosed only as reasonably necessary to enforce an award, comply with law, protect a legal right, or obtain professional advice.

18.8 Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE.

18.9 Arbitration Opt-Out

You may opt out of this arbitration agreement by sending written notice to the email address under Section 20 within thirty (30) days after first accepting these Terms. The notice must include your name, mailing address, the date you first accepted these Terms, and a clear statement that you wish to opt out of arbitration. A timely opt-out does not affect any other provision of these Terms.

19. Miscellaneous

For Consumers and other general Site users, these Terms and the Privacy Policy constitute the entire agreement with Company regarding general access to and use of the Site and supersede prior or contemporaneous understandings on that subject. For a Listing Provider, the Therapist Listing Agreement, applicable Order Form, these Terms, and the Privacy Policy collectively govern the relationship, subject to the order of precedence stated in Section 1. You acknowledge that you have not relied on any representation, warranty, statement, advertisement, estimate, expected result, or promise not expressly set forth in the applicable governing documents.

If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. Company’s failure to enforce a provision is not a waiver. You may not assign or transfer these Terms without Company’s prior written consent. Company may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, change of control, or by operation of law.

Company is not liable for delay or failure caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, labor disputes, internet or utility failures, cyberattacks, governmental action, war, terrorism, civil unrest, or failures of Third-Party Services. Section headings are for convenience only. “Including” means “including without limitation.” These Terms may be accepted electronically, and electronic acceptance has the same effect as an original signature.

No agency, partnership, joint venture, employment, franchise, fiduciary, referral, or exclusive relationship is created between you and Company by these Terms. Except for the Company Parties entitled to enforce Sections 16 and 17 and any other person expressly identified in applicable supplemental terms, there are no third-party beneficiaries.

20. Contact us

Questions or notices regarding these Terms may be directed to: