PLEASE READ AND CAREFULLY CONSIDER THE FOLLOWING TERMS OF SERVICE.
The Terms of Service ("Terms") set forth below will govern your use of the yuru.com website. At the bottom of the Terms, you will be asked to agree to them by clicking on a button that is labeled "I Agree."
You should read the Terms carefully before you agree to or reject them.
If you click on "I Agree," you acknowledge that you have read the Terms and agree to be bound by them; the Terms will become a binding contract between you and Yuru. A binding contract will exist even if you click on "I Agree" without first reading and consciously agreeing to the Terms.
If you do not agree to the Terms or do not have the necessary qualifications to be a client (which are described in section 4 of the Terms), do not click on "I Agree." If you do not click on "I Agree," no contract will be formed between you and Yuru, and you may not use the Website.
If you do not click on "I Agree" within one day after you enter any information on the Sign-up Page, Yuru will assume that you do not agree to the Terms and delete the information. If you choose not to accept the Terms and do not click on "I Agree" now, you can sign up in the future if you have the necessary qualifications described in, and agree to, the then-prevailing Terms of Service.
1. Definitions of Frequently Used Words.
In order to simplify the statement of these Terms, the following words shall have the meanings set forth in subsections 1.A. through 1.E.:
A. "Website" refers to the yuru.com website and any and all services offered or provided by or through the yuru.com website;
B. a person who "uses the Website" is a client (see section 3) who uses the services offered or provided by or through the yuru.com website, rather than a person who merely visits yuru.com, but who does not create a Client Account;
"laws" include local, state, and federal Constitutions, charters, statutes, ordinances, enactments, administrative rules and regulations, and binding court decisions; and
C. "Yuru" is Yuru, Inc., which operates the yuru.com website. Yuru has its headquarters and principal place of business in Kern County, California.
2. This Is a Binding Contract.
These Terms are a contract between you and Yuru.
3. Client Account, User Name, and Password.
If you provide the necessary information on the Client Sign-up Page, meet the qualifications in section 4, and accept these Terms by clicking on "I Agree," Yuru will create a Client Account, a Settings Page, and a Dashboard Page for you; your user name will be the e-mail address that you entered on the Sign-up Page. Persons for whom a Client Account has been created are called "clients."
In order to use the Website or to see or modify your account information or your Dashboard Page, your correct user name and password must be entered in the spaces provided on the Sign-in Page and you must click on the "sign in to yuru" button.
When you fill out the required information on the Sign-up Page, you will also provide answers to three security questions by which Yuru can verify your identity. If you forget or lose your password, you can ask Yuru to recover it for you by clicking on the "forgot my password" link on the Sign-in Page. Yuru will send you an e-mail message containing a link to reset your password if your answers to the security questions it poses to you match the answers that you gave to the same questions at sign-up.
Your Client Account is not transferable. You agree that you will not give your account information, including your password, to anyone else; that you are the only person who will use your account; and that you will not give anyone else access to it. You will be responsible for any actions by a person using your account, whether or not you authorize them. If you discover that an unauthorized person is using your account, user name, or password, you must immediately notify Yuru by e-mail.
You agree to keep all of the information that you provide on the Sign-up Page accurate and up to date, including a valid e-mail address for receipt of communications from Yuru. You can update the information from time to time on the Settings Page. You can change your password (or, if your e-mail address changes, your user name) from time to time on the Settings Page.
4. You Must Meet Certain Qualifications.
A. You Must Be a United States Resident.
In order to use the Website, you must reside in the United States (including the District of Columbia) or in the territory of Puerto Rico or the U.S. Virgin Islands.
B. You Must Satisfy an Age Requirement.
A client must be at least 18 years old or an emancipated minor under applicable laws who is at least 13 years old.
C. You Promise Yuru that You Have the Qualifications to Be a Client.
By clicking on "I Agree," you promise that you satisfy the requirements in subsections 4(A) and 4(B). You also promise, while you have an active Client Account, to promptly notify Yuru by e-mail if you change your residence to a place outside of the United States, Puerto Rico, or the U.S. Virgin Islands.
5. You Must Notify Yuru If You Move to Another State.
You must promptly notify Yuru by e-mail if you change your residence from one state to another, because that may affect a therapist’s ability to provide counseling to you. For this purpose, a "state" is any state in the United States, and also includes the District of Columbia and the territories of Puerto Rico and the U.S. Virgin Islands.
6. You Agree to Allow Communication with You by Electronic Transmission.
You agree that communications between Yuru and you on any matter related to the Website may be conducted by e-mail or on yuru.com. E-mail will be sent to you at the address listed for you on your Settings Page. E-mail will be sent to Yuru at the following address: admin@ yuru.com.
You agree to bear the risk that you may not actually receive an e-mail message that is properly addressed to you at your e-mail address on your Settings Page.
7. The Services.
Yuru.com provides two primary services to clients:
A. It provides a secure videoconferencing platform for one-on-one counseling sessions in real time between a client and a licensed therapist; and
B. It provides clients with access to a panel of licensed therapists who have agreed to provide individual counseling over yuru.com’s videoconferencing platform.
8. Using the Services.
Each member of the panel of licensed therapists has an individual Profile Page displaying his or her credentials, the jurisdictions in which the therapist is licensed to practice, and the general subject matter for which the therapist provides counseling.
When you wish to receive counseling from a therapist with whom you do not already have a patient-therapist relationship, you should sign in to the Website and proceed to the Find a Therapist Page, where the name of each therapist in the panel is displayed. By clicking on a therapist’s name, you will be taken to that therapist’s Profile Page, where you can obtain additional information about the therapist. Once you select a particular therapist, you should fill out the inquiry form on that therapist’s Profile Page and click "Send" to make the initial contact with the therapist and request an initial appointment.
You may only select a therapist who is licensed to practice in the jurisdiction in which you reside.
To protect your privacy, the inquiry form is not intended to include any information concerning your physical or mental condition, history, diagnosis, treatment, or reasons for seeking counseling. After receiving your inquiry, the therapist may contact you to exchange pertinent information. Yuru will not be a party to that communication, which will occur outside of the Website.
Yuru has no responsibility for, and does not participate in or control the decision to begin, continue, or end a patient-therapist relationship.
Whenever a therapist on Yuru’s panel wishes to make an appointment with you for a counseling session that will use Yuru’s videoconferencing platform, you will be sent an e-mail informing you of the proposed date and time of the appointment. If you agree, you will log in to the Website and confirm the appointment on your Dashboard Page. You can use your Dashboard Page to cancel a confirmed appointment at any time, subject to any applicable late cancellation charge imposed by the therapist (see section 9).
To keep an appointment, you will connect to yuru.com through your web browser, sign in, and wait for the therapist to initiate the session. When the session is over, the therapist will close the link.
If you already have an established patient-therapist relationship with a therapist who is a member of the panel at the time that you sign up for your Client Account, you can identify the therapist in the Preferred Provider box on the Sign-up Page by clicking on the therapist's name, and it will not be necessary to send the inquiry form to that therapist. The same appointment procedure will apply.
To use the counseling services provided through yuru.com, you must pay fees to two different parties: (1) you must pay Yuru a connection fee for each counseling session in which you participate (the "connection fee"), and (2) you must pay the therapist his or her fee for the session. Yuru and the therapists who provide counseling through the Website do not accept assignments of insurance benefits in lieu of immediate payment.
The connection fee is posted on the Payment Page. Yuru may change the connection fee from time to time by posting the revised connection fee on the Payment Page. The revised connection fee is effective upon posting.
The fee that a therapist will charge for a counseling session will be determined between you and the therapist in advance of the session. Yuru does not set or control the amount of a therapist’s fee.
Although Yuru does not charge a fee for cancelling an appointment, some therapists may charge a fee for a late cancellation. If so, the relevant information will appear on the therapist’s Profile Page.
If you do not keep an appointment for a counseling session, and did not cancel the appointment before the session was scheduled to begin, the therapist’s fee for the session will be due and payable in full.
10. Payment of Fees.
You must authorize payment of the therapist’s fee for a counseling session in advance of the session. No offsets are allowed. If a late cancellation fee applies, the fee is due and payable when you cancel the appointment. You must pay the fees when they are due with an approved credit card or by means of your PayPal account (if you have one). An approved credit card is any valid credit card that is issued to you and acceptable to PayPal as a means of payment.
You must authorize payment of the therapist’s fee for the session within the 24-hour period preceding the appointment. The session will not commence until payment has been authorized. When you are ready to authorize payment, you will log in to the Website and proceed to the Payment Page, where you will be sent via hyperlink to PayPal, which will collect your payment and then return you to the Website.
11. System Requirements.
In order to use the services provided by yuru.com, it is your responsibility to meet the following system requirements at your sole cost and expense:
A. You must have an active high speed Internet connection that can provide a live streaming capacity of at least 560 kilobits per second. Video performance may not be satisfactory unless the live streaming capacity of your Internet connection exceeds 3 megabits per second.
B. You must use hardware, an operating system, speakers, microphone, and webcam that meet or exceed the minimum requirements set forth in the Technical/Troubleshooting section of the Frequently Asked Questions ("FAQ") Page.
C. You must use a web browser that is compatible with the Website and its video platform. (See the Technical/Troubleshooting section of the FAQ Page for a list of compatible browsers.) You must have and maintain valid licenses for the web browser and all other Internet access software that you use to connect to the Website.
12. Termination of Your Client Account.
Yuru may terminate your use of the Website and your Client Account at any time, with one exception, for any good faith reason. The exception is that Yuru may not terminate your service during one of your scheduled counseling sessions. Yuru will notify you by e-mail if it terminates your account.
You may also terminate your use of the Website and your Client Account by sending Yuru an e-mail message notifying it of your decision to terminate. You may do so at any time, except that you may not terminate during one of your scheduled counseling sessions.
You agree that you will not disclose to Yuru at any time any information concerning your physical or mental condition, history, diagnosis, treatment, or reasons for seeking counseling.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
A. THE WEBSITE OPERATES ON THE INTERNET, WHICH IS VULNERABLE TO INTERRUPTIONS OF SERVICE, LOSS OF DATA, AND SECURITY INTRUSIONS. YURU DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED, OR ERROR-FREE. Yuru shall not be liable for interruptions in OR INTERFERENCE WITH your access to or use of the Website FROM ANY CAUSE WHATSOEVER. YURU DOES NOT WARRANT THAT THE WEBSITE WILL BE FREE FROM LOSS OF DATA OR SECURITY INTRUSIONS.
B. THE SERVICES PROVIDED BY OR THROUGH YURU.COM ARE MADE AVAILABLE TO YOU "AS IS," AND AS AND IF AVAILABLE. YURU MAY TAKE DOWN THE WEBSITE OR SUSPEND OR TERMINATE ANY SERVICE PROVIDED BY OR THROUGH IT AT ANY TIME (with one exception described in the next sentence) AND FOR ANY REASON, WITHOUT LIABILITY. Yuru may not voluntarily terminate service during one of your scheduled counseling sessions.
C. YURU IS NOT A HEALTH CARE PROVIDER OR A HEALTH CARE PLAN. EACH LICENSED THERAPIST WHO OFFERS OR PROVIDES COUNSELING SERVICE THROUGH YURU.COM IS AN INDEPENDENT CONTRACTOR RATHER THAN AN OFFICER, EMPLOYEE, AGENT, PARTNER, OR JOINT VENTURER OF YURU. YURU DOES NOT CONTROL AND SHALL NOT BE LIABLE FOR A THERAPIST’S ACTS OR OMISSIONS.
D. YURU SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
E. YURU SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THESE TERMS, THE WEBSITE, OR YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY INJURY, PROPERTY DAMAGE, OR LOST PROFITS.
F. AFTER APPLYING THE DISCLAIMERS IN THE PRECEDING SUBSECTIONS, YURU’S TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR YOUR USE OF THE WEBSITE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE SUM OF ALL CONNECTION FEES PAID BY YOU, IF ANY, OVER THE THREE-YEAR PERIOD ENDING ON THE DATE ON WHICH DAMAGES ARE AWARDED TO YOU BY A COURT OF COMPETENT JURISDICTION. IN THIS RESPECT, IT SHALL MAKE NO DIFFERENCE WHETHER THE CAUSE OF ACTION IS IN CONTRACT OR IN TORT.
G. For purposes of section 14, "YURU" also includes Yuru’s directors, officers, employees, affiliates, agents, and software licensors, but does not include a therapist. The disclaimers and limitations of liability and damages in section 14 apply to you, your family, and your heirs, representatives, successors, and assigns.
15. Your Compliance with Applicable Laws in Using the Website.
You promise to comply with all laws that apply to your use of the Website. You promise that in interacting with or communicating through yuru.com, any content you provide or upload will comply with all applicable laws, including copyright, trademark, trade secret, obscenity, indecency, defamation, and similar laws. You agree to indemnify and defend Yuru, and hold Yuru harmless from and against, any and all causes of action, claims, and losses arising out of or relating to your actual or alleged failure or refusal to comply with any applicable laws.
16. Protection of Proprietary and Personal Information.
The Website contains or uses proprietary information and materials that are owned by Yuru or its licensors. The information and materials are protected by applicable intellectual property laws, including copyright and trademark laws. You promise that you will not use the information or materials in any way whatsoever except in compliance with these Terms and will not use the Website in any unauthorized way. You do not have a license to use any of the trademarks, service marks, or logos owned by Yuru or by any third party.
You also promise that you will not create derivative works based on the Website.
You also promise that you will not copy, use, disclose, or attempt to copy, use, or disclose any personal information maintained by the Website concerning any person other than you.
You also promise that you will not violate or attempt to violate any security features of the Website, including, by way of example, (a) accessing information not intended for you or logging onto a server or account that you are not authorized to access; (b) probing, scanning, or testing the vulnerability of the Website or any associated system or network, or breaching security or authentication measures without proper authorization; (c) interfering with service to any user, host, or network; (d) forging any TCP/IP packet header or any part of the header information in any e-mail or posting; or (e) modifying, reverse-engineering, decompiling, disassembling, or otherwise reducing to a form perceptible by humans any of the source code used by Yuru in providing the Website.
17. California Law Governs the Terms.
These Terms and the rights and obligations of Yuru and you are governed by the laws of the State of California and by applicable federal laws, without regard to California choice-of-law principles that might make the law of another jurisdiction apply instead of California’s.
18. Jurisdiction and Venue of Lawsuits Against Yuru.
The Superior Court of California for the County of Kern and the United States District Court for the Eastern District of California shall have exclusive jurisdiction over any lawsuit brought against Yuru, if the lawsuit arises out of or relates to these Terms, yuru.com, or any service provided by or through the Website. It makes no difference for this purpose whether the lawsuit is based in contract or in tort, or is brought for violation of any law applying to these Terms or the Website.
19. This Is the Entire Agreement Between Yuru and You.
These Terms are a final, complete, and exclusive statement of the contract between Yuru and you.
20. Future Changes to the Terms of Service.
Yuru reserves the right to change the Terms from time to time in its sole discretion. This includes the right to add new provisions. Any change will apply only to actions and events that occur after the change is posted on the Website. Yuru will give you prompt notice by e-mail of any change in the Terms. The notice will inform you that Yuru has changed the Terms, identify the change made, and provide you with a link to the Terms of Service. A change in the Terms will not apply to you if you terminate your Client Account within five days after Yuru gives you notice of the change. Otherwise you will be deemed to have agreed to it.
If a court of competent jurisdiction finds any provision of these Terms to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
A waiver of any breach of a provision of these Terms will not waive a subsequent breach of the same or other provisions of these Terms. A waiver is not effective unless it is made in a writing authenticated by the party or an authorized representative of the party.
23. Copyright Notice.
All contents of yuru.com are copyright ©2007–2016 by Yuru, Inc. All rights reserved.