Terms of Use

We are Healerly:

Healerly provides a  platform that allows members to locate a Healer to ask questions or request advice and/or services directly from such Healer.  Healerly, via the Healer platform, enables a member to communicate directly with the Healer and pay for the services purchased by the member from such Healer.

Disclaimer – For Entertainment Purposes Only

You are solely responsible for verifying a Healer’s identity, qualifications, credentials, biographics information, licenses held, and other information.  Healerly is not responsible for any such verification.

Member acknowledges and agrees that Healers are neither employees nor agents nor representatives of Healerly, and Healerly assumes no responsibility for any act or omission of any such Healer.

Healers are not employees or agents of Healerly or any of its affiliates. All Healers are independent contractors of Healerly, and because they are independent contractors, Healerly does not control the quality, relevancy, or accuracy of any advice provided by a Healer and does not determine whether any Healer is qualified to provide any specific advice, whether a Healer is categorized correctly or in the most appropriate category to provide the advice sought by a Member, or whether any postings or transmissions through the Healer Platform by a Member or a Healer are accurate, correct, relevant, or appropriate.  

ANY OPINION, RESPONSE, ADVICE, SUGGESTION, PREDICATION, INFORMATION, AND/OR OTHER SERVICE PROVIDED BY ANY Healer IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.

The advice or information provided by attorneys, doctors, and other Healers in fields requiring licensure and/or certification is provided for informational purposes only and cannot be considered a substitute for an in-person meeting or a face-to-face physical examination.  Members should not rely on or make health, legal, financial, or other decisions based on the advice provided by any Healer. Healerly strongly recommends that a Member seeking medical or mental health advice see a qualified professional in person.

IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL YOU MAY BE A DANGER TO YOURSELF OR OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES IN YOUR AREA.  IN THE UNITED STATES, PLEASE DIAL 911.

Healerly Acceptable Use:

By accessing and/or using the Healer Platform, you represent, warrant, and agree to the following:

    You are at least 18 years of age. If you are under the age of 18, you may not use or register for the Healer Platform or provide any personal information to us. Healerly reserves the right to immediately terminate any member account and delete his or her information if it believes the member is under the age of 18.

    The information you submit in your registration form is true, accurate, and complete, and you will maintain and update this information during the term of this Agreement so that it remains true, accurate, current, and complete.

    You will not undermine, disrupt, or manipulate the integrity of the Member feedback rating system on the Healer Platform.  Healerly may, without notice, remove old ratings or exclude ratings which Healerly in its sole discretion believes compromises the integrity of the Member feedback rating system.

    You will not interfere with or disrupt any Healerly servers, networks, or equipment in connection with the Healer Platform.

    You will not attempt to gain unauthorized access to any computer system or network connected to the Healer Platform.

    You will not transmit, upload, email, post, or otherwise make available through the Healer Platform: (a) any junk mail, spam, or unsolicited email or bulletin board postings;  (b) any unlawful, harassing, libelous, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind; (c) any information or material that infringes a third-party right, including but not limited to intellectual property rights and/or privacy rights; (d) any software viruses, Trojan horses, worms, or any other malicious application or code; or (d) any information or material which may constitute or encourage conduct that is a criminal offense, a civil wrong, or otherwise violates any applicable law.

    You will not violate any applicable laws, rules, regulations, or ethical codes.

    Healerly enables the transfer of files between Members and Healers.  When opening such file attachment, it is your responsibility to scan the files with an anti-virus software application.

    You will not impersonate any person or entity or make any false statement regarding your employment or affiliation with any person or entity.

    You will not stalk, threaten, or harass any Healer or Member or infringe on or attempt to infringe on their privacy.

    Healerly may choose to review the Member’s personal profile and amend any typing or spelling errors.

 Healerly may, in its sole discretion, (i) refuse to post or transmit; or (ii) remove any content uploaded by Member.

Healerly Modification and Termination of Services

Healerly may modify or discontinue, temporarily or permanently, any service part of the Healer Platform, with or without notice to Member without liability to Member or any third party.  Healerly, in its sole discretion and for any reason, may terminate Member’s participation in the Healer Platform and refuse any and all current or future use by Member of the Healer Platform.

Healerly Privacy

Log-in Credentials.  You are responsible for maintaining the confidentiality of your password, username, and any other security information related to your account.  You are fully responsible for all activities that occur under your account.

Privacy Policy.

By accessing and/or using the Healer Platform, you agree to the terms of Healerly’s Privacy Policy.

Permitted Disclosures.  Healerly may disclose Member information, including, but not limited to, personal information, transcripts, surveys, and recordings, if Healerly reasonably believes that disclosure (i) is necessary to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority; (ii) would potentially mitigate Healerly’s liability in an actual or potential lawsuit; (iii) is necessary or appropriate to protect Healerly’s rights or property, or the rights or property of any person or entity; (iv) is necessary or appropriate to enforce this Agreement (including, but not limited to, ensuring payment of fees by Members), or (v) is necessary to deter illegal behavior (including, but not limited to, fraud).

Your Information.  You hereby grant Healerly an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a worldwide basis, any information or content that you post, transmit, deliver, or receive via the Healer Platform.

Third-Party Websites

The Healer Platform, or a portion thereof, may also be made available via third-party websites.  If you have accessed the Healer Platform, or any portion thereof, via a third-party website, such use may be subject to the terms and conditions imposed by such third party.  Healerly is not responsible for any terms, conditions, policies, acts, or omissions of any such third parties.

Disclaimers

Healerly is not responsible for reviewing, endorsing, recommending, verifying, evaluating, warranting, or guaranteeing the qualifications, expertise, claims, or background of any Healer or any opinion, response, advise, prediction, recommendation, information, or other service provided by any Healer.  Healerly shall not be deemed the provider of any of the Healer’s services or other information acquired through the Healer Platform.

MEMBER ACKNOWLEDGES AND AGREES THAT THE Healer PLATFORM IS PROVIDED “AS IS” AND THEREFORE WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST Healerly, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, REPRESENTATIVES, OR AGENTS WITH RESPECT TO THE Healer PLATFORM.  USE OF THE Healer PLATFORM IS AT THE MEMBER’S SOLE RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, Healerly EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.

Healerly does not assume, and will not be liable for: (1) the accuracy or availability of the Healer Platform; or (2) any damages or injury arising from or related to the Healer Platform and/or any opinion, response, advice, prediction, recommendation, information, and/or other service provided or not provided by any Healer.  Healerly does not guarantee that Healerly’s service will be uninterrupted or that it will be timely, secure, or error-free.

Healerly Intellectual Property

The Sites contain copyrighted material, trade secrets, trademarks, patents and other proprietary information owned by Company (“Intellectual Property”), one of its affiliated companies, or its licensors. This Agreement does not grant to the Member any rights to any Intellectual Property appearing on the Sites or any services offered by Company. The Member may not create any derivative or similar work or technology based upon any Intellectual Property of Company, an affiliated company, or its licensors.  Members may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites.

Company, its affiliated companies or its suppliers are the sole owners of all Intellectual Property.  Except as otherwise expressly set forth or provided in this Agreement, Company, its affiliated companies or its suppliers shall retain all ownership rights in and to all Intellectual Property and content displayed on the Sites, including copies of data transferred or received by Member through the Sites. This section shall survive expiration or termination of this Agreement.

Healerly Limitation of Liability

MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT HEALERLY, ITS AFFILIATES, AND ANY OF THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). MEMBER FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) HEALERLY, ITS AFFILIATES AND THE FOREGOING’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITES WILL NOT EXCEED THE LESSER OF THE TOTAL AMOUNT OF MONEY PAID BY MEMBER TO EXPERTS THROUGH THE APPLICABLE SITE IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE AND $100; AND (B) HEALERLY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD HEALERLY HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.

Indemnification

Member shall defend, indemnify and hold Company, its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the “Indemnified Parties”) harmless from any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Member according to this Agreement; (b) Member’s refusal to pay for services provided by any Healer; (c) any content Member submits, posts or transmits through a Site and/or the Healer Platform or otherwise provided by Member; and (d) Member’s use of any Site and/or the Healer Platform. This section shall survive expiration or termination of this Agreement.

Healerly Copyright Policy

Company respects the intellectual property of others, and we ask our users to do the same.  Company may terminate the account or access of users who infringe the intellectual property rights of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:

    an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

    a description of the copyrighted work, including the location where the copyrighted work exists;

    your telephone number, and email address;

    a statement by you that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and

    a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Company’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By email: hello@healerly.com

Miscellaneous

The company may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Healer Platform or Sites, by email to the email address that we have on record, by regular mail or by posting on the Site and/or the Healer Platform. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Company must be delivered via express delivery or regular mail to:

By email: hello@healerly.com

You shall not assign your rights or obligations pursuant to this Agreement without the prior, written consent of the Company.

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of New Jersey (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Edison, New Jersey. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Company and Member with respect to the subject matter hereof, and the Member has not relied upon any promises or representations by Company with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law from entering into trade relations with the United States are not permitted to use or access the Healer Platform or the Sites.

No amendment to this Agreement will be effective unless made in writing. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.