Terms of Service

Welcome to Manatee, Inc. (“Manatee”). Manatee is a communication platform that helps mental health professionals (“Providers”), families and other users facilitate therapy and treatment goals. 

The Manatee website(s) and app (collectively, the “website”) is designed for children and the suggested age range is between 7-18 years old. However to agree to these terms you need to be at least 18 years old, or have your parent’s permission to use the Services (as defined below).

Please continue reading to learn about the rules and restrictions that govern your use of Manatee's website and all other products, services and applications made available by Manatee from time to time (collectively, the "Services"). This Agreement includes the terms in this document, as well as Manatee's Privacy Policy and the Apple Application Terms.

The Providers who deliver services through Manatee are independent professionals practicing within a group of independently owned professional practices. Manatee does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any licensed profession by Providers, each of whom is responsible for their services and compliance with the requirements applicable to their professional license.  Notwithstanding anything to the contrary, neither Manatee nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Provider via the Services. 

We constantly try to improve our Services, so we may update this Agreement as we offer new and improved Services. We may modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services or notifying you by email or by some other means. If you don't agree with the new terms, you may reject them but unfortunately you will no longer be able to use the Services. Your use of the Services in any way following notification by Manatee constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features or restrict access to parts or all of the Services at any time. We'll provide you notice when we make a material change to the Services that would adversely affect you.

You represent and warrant to Manatee that:

  • you are at least 18 years old (or, if you are not at least 18 years old, you have your parent's permission to use the Services, and your parent has read and agrees to this Agreement on your behalf);

  • all registration information you submit is accurate and truthful;

  • you will maintain the accuracy of such information;

if you're agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on the organization or entity's behalf and bind them to this Agreement (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection, use of, and access to the Services, including ensuring that you have permission to communicate with anyone you choose to interact with through the Services.  By using the Services, you understand that the Providers will follow safety protocols when there are safety concerns, which may include contacting you, other providers, or local law enforcement.

IF YOU OR YOUR CHILD ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

Do not use the website for emergency medical or mental health needs.  If you or your child are experiencing a medical or mental health emergency and need immediate attention, call 911 immediately.  If you or your child are experiencing suicidal ideation and are considering harming yourself/themselves or others, call 911 or the suicide hotline.  

None of the content on this website should be considered medical advice, mental health advice, or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you or your child.

Prohibited Uses

You may use the website for lawful purposes and in accordance with these Terms of use. You agree not to use the website.

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of use;

  • To impersonate or attempt to impersonate Manatee, a Provider, a Manatee employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);

  • To engage in any other conduct that restricts or inhibits anyone's use of the website, or which, as determined by us, may harm Manatee or users of the website or expose them to liability.

Additionally, you agree not to:

  • Use the website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the website, including their ability to engage in real time activities through the website;

  • Use any robot, spider or other automatic device, process or means to access the website for any purpose, including monitoring or copying any of the material on the website;

  • Use any manual process to monitor or copy any of the material on the website for any unauthorized purpose without our prior written consent;

  • Use any device, software or routine that interferes with the proper working of the website;

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website;

  • Attack the website via a denial-of-service attack or a distributed denial-of-service attack;

  • Otherwise attempt to interfere with the proper working of the website.

External Links

Internet websites and mobile applications that are not owned, operated or controlled by this website may link to or from our website. Such other websites and applications contain information created, published, maintained, or otherwise posted by third-parties not related to and otherwise independent of our website and over which we have no control. Manatee does not endorse, approve, certify, maintain, or control these other websites and applications and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses or on such applications. We provide the links only as a convenience.  Use of any information obtained from such other websites and applications is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those other websites’ and applications’ respective terms of use and privacy policies.  Once you leave the website, our Terms of use and Privacy Policy no longer govern, and therefore, you should review the terms and policies of the other websites and applications.  You acknowledge and agree that Manatee shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites and applications. Moreover, any information that you provide to third-parties accessed through a link on our website are subject to the privacy policies of that third party, and not us.

User Submissions

Any information, material, comments or other communication submitted to us is treated as described in our Privacy Policy. To the extent that you submit your personal information to us, you represent and warrant that all such information will be truthful, accurate, and not misleading, and shall not omit or fail to state any material information. You agree not to provide any information that: (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; or (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity.

Accessing the Services

You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information (information submitted to us by you that identifies you, such as your name, address, email address, phone number and other identifying information) consistent with this Terms of use and our Privacy Policy. Please immediately notify us if you suspect there has been an unauthorized use of your information or any other breach of security by contacting us at security@getmanatee.com

You are responsible for:

  • Making all arrangements necessary for you to have access to the website;

  • Ensuring information submitted by you is accurate and correct; and

  • Ensuring the security of the computers and systems you are using to access the website.

Intellectual Property Rights

The website, its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Manatee, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Manatee and its associated logos are our trademarks and/or service marks.  You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos. 

Certain materials available on or through the website are our Works (content we own, authored, created, purchased, or licensed or which we shall own, author, create, purchase, or license).  Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the website.  We hereby grant you a limited non-assignable license to access and make personal use of the website provided that such use is for the purposes of the website described above. This license does not permit you to sell, license, and/or make any commercial use of our website or its contents and materials and/ or any information derived from our website or its contents and materials.  

The above described license is conditioned on your compliance with these Terms of use, and shall terminate upon termination of these Terms of use. If you breach any provision of these Terms of use, any license you have obtained will be automatically rescinded and terminated.  

If you believe any materials accessible on or from this website infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting the website’s copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. 

  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. Your name, address, telephone number and (if available) e-mail address. 

  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. 

  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf. 

  • A signature or the electronic equivalent from the copyright holder or authorized representative. Our agent for copyright issues relating to this website is the contact indicated at the end of these Terms of use.

If notified of an allegation that the website contains infringing information, materials or other content, Manatee may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the website and from any other media or server where the infringing content may be stored or displayed by Manatee. Notices to Manatee regarding any alleged copyright infringement should be emailed to security@getmanatee.com

Geographic Restrictions  

The owner of the website is based in the state of Colorado in the United States. We provide this website for use only by persons located in the United States. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE MANATEE NOR ANY PERSON ASSOCIATED WITH THE MANATEE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MANATEE NOR ANYONE ASSOCIATED WITH THE MANATEE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

MANATEE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Dispute Resolution

If we end up in a legal dispute, it will take place in the state courts of Delaware and to the jurisdiction of the United States District Court for the District of Delaware. You understand that you must file a claim against us within one year after the issue arose.

Governing Law and Jurisdiction  

You agree that before you bring a case in court, you will try to mediate the claim against us and then go to arbitration. All matters relating to the website and these Terms of use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the District of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the District of Delaware or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of use or the website shall be instituted exclusively in the federal courts of the United States or the courts of the District of Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

Limitation on Liability  

IN NO EVENT WILL MANATEE, MANATEE AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT ON THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  MANATEE DOES NOT PRACTICE MEDICINE OR ANY OTHER LICENSED PROFESSION AND DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY LICENSED PROFESSION BY PROVIDERS, EACH OF WHOM IS RESPONSIBLE FOR THEIR SERVICES AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO THEIR PROFESSIONAL LICENSE.  MANATEE DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF MEDICAL OR OTHER PROFESSIONAL CARE BY PROVIDERS AND THEIR AFFILIATES, INCLUDING IN CONNECTION WITH ANY SERVICES OBTAINED BY YOU OR OTHERS THROUGH THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification 

You agree to defend, indemnify and hold harmless Manatee, the Providers, Manatee affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of use or your use of the website, including, but not limited to, any use of the website's content, services and products other than as expressly authorized in these Terms of use or your use of any information obtained from the website.

Waiver and Severability  

No waiver of by Manatee of any term or condition set forth in these Terms of use shall be effective unless in writing and no waiver of by Manatee of any term or condition set forth in these Terms of use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Manatee to assert a right or provision under these Terms of use shall not constitute a waiver of such right or provision. If any provision of these Terms of use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of use will continue in full force and effect. 

Your Comments and Concerns  

This website is operated by Manatee. All notices of copyright infringement claims, other feedback, comments, requests for technical support and other communications relating to the website should be directed to Manatee at support@getmanatee.com 

Thank you for using the website.This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.