Before we get started, here is some important information about the NAMI-NYC Helpline.
We do not provide professional advice and are not a substitute for professional advice.
THE INFORMATION AND SUPPORT PROVIDED THROUGH THE NAMI-NYC HELPLINE ARE NOT A SUBSTITUTE FOR THE KNOWLEDGE, SKILL AND JUDGMENT OF QUALIFIED PSYCHIATRISTS, PSYCHOLOGISTS, PHYSICIANS AND HEALTH CARE PROFESSIONALS. YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NAMI-NYC’s HELPLINE DOES NOT CONSTITUTE THE PRACTICE OF ANY PSYCHIATRIC, MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. TALK TO YOUR MENTAL AND/OR PHYSICAL HEALTH CARE PROVIDER FOR SPECIFIC GUIDELINES AND INSTRUCTIONS, INCLUDING THOSE RELATED TO DIAGNOSIS AND TREATMENT OF PSYCHIATRIC OR MEDICAL CONDITIONS. IN PROVIDING OUR HELPLINE SERVICES, NAMI- NYC IS IN NO WAY REPRESENTING OR WARRANTING THAT SUCH SERVICES ARE APPLICABLE OR APPROPRIATE FOR YOUR NEEDS AND/OR CONDITION. IF YOU HAVE OR SUSPECT THAT YOU HAVE A PSYCHIATRIC OR MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED MENTAL OR PHYSICAL HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A PSYCHIATRIC OR MEDICAL EMERGENCY, PLEASE CALL 988 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.
When you use NAMI-NYC’s Helpline, we may ask you to provide some identifying information. However, you can always choose to remain anonymous. Providing information is not a requirement to use our service.
You agree to use the NAMI-NYC Helpline Services only for lawful and legitimate purposes, in accordance with these Terms of Service. You agree not to:
We reserve the right to determine the length of any NAMI-NYC Helpline interaction. Additionally, NAMI-NYC staff and volunteers reserve the right to terminate your chat/phone session, or access to NAMI-NYC Helpline Services at any time, for any reason, including i) if we believe that you would be better served by a different treatment modality, or ii) for violating the acceptable use guideline, or iii) in order to be able service/respond to other users, or iv) for any other reason.
The information and treatment resources are provided by the NAMI-NYC Helpline as a convenience to you, but NAMI-NYC makes no warranty or guarantee about the accuracy, completeness, or adequacy of our Helpline resources. NAMI-NYC is not responsible for any decisions, or results of the decisions that are made, in response to or after your participation in a NAMI-NYC Helpline interaction. You hereby assume all risks of using NAMI-NYC Helpline Services. Neither NAMI-NYC nor any of our employees, volunteers, or agents will be or is responsible for your use of NAMI-NYC Helpline Services, and any decisions, or results of the decisions that you make – this includes whether you choose to seek or not seek professional care, or to modify or terminate any specific treatment or activity.
ALL NAMI-NYC HELPLINE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND NAMI-NYC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE NAMI-NYC HELPLINE SERVICES, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. NAMI-NYC MAKES NO WARRANTY THAT THE HELPLINE SERVICES WILL BE UNINTERRUPTED.
In addition to the above warranty disclaimers, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL NAMI-NYC AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND VOLUNTEERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, PERSONAL INJURY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR MEDICAL MALPRACTICE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF NAMI-NYC HELPLINE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OR GUIDANCE PROVIDED BY NAMI-NYC, EVEN IF NAMI-NYC HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE NAMI-NYC HELPLINE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE NAMI AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE NAMI-NYC HELPLINE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
While we strive to keep all conversations and chats confidential, there are instances in which we may disclose certain information to third parties. For example, if a staff member or volunteer you are communicating with believes you are at imminent risk of death or serious injury – either from yourself or others – we may alert law enforcement, emergency services or other resources.
Unless otherwise required by applicable law or in response to a subpoena that we reasonably believe is valid, we will not disclose personal or sensitive information to parents, legal guardians, or other individuals. NAMI-NYC Helpline staff and volunteers answer calls, emails and chats from people living in different states. While all NAMI-NYC’s Helpline staff and volunteers are trained, they are not working as licensed mental health workers and may not be trained in your state’s law. Other state laws may apply to your communications, and those state laws may not protect your communications to the same degree, or in the same way, as the laws of your state.
The use of the NAMI-NYC Helpline is intended solely for users who are 18 years of age or older, and any use of the Helpline Services by anyone under 18 is unauthorized.
We employ commercially reasonable security controls to protect the NAMI-NYC Helpline from unauthorized intrusion. However, we cannot guarantee that the NAMI-NYC Helpline will be protected from intruders or interceptors. You hereby acknowledge and understand that the use of the NAMI-NYC Helpline – and submission of any information – is at your own risk. You agree that NAMI-NYC has no liability regarding unauthorized access to your Helpline communications.
You agree that the statutes and laws of the State of New York, without regard to principles of conflicts of law in New York or elsewhere, shall apply to all matters arising from or relating to the use of NAMI-NYC’s Helpline. You and NAMI-NYC also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and/or federal courts located closest in proximity to NAMI-NYC’s Office in New York, New York should any matter arise related to NAMI-NYC.
YOU AND NAMI-NYC AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR NAMI-NYC WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR NAMI-NYC ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND NAMI-NYC FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, NAMI-NYC, AND ALL PARTIES TO ANY SUCH PROCEEDING.
These Terms of Service constitute the entire agreement between you and NAMI-NYC and govern your use of the NAMI-NYC Helpline, superseding any prior agreements between you and NAMI-NYC. Failure by NAMI-NYC to insist on strict performance of any of the terms and conditions of these Terms of Service will not operate as a waiver by NAMI-NYC of that or any subsequent default or failure of performance. We reserve the right to limit the availability of the NAMI-NYC Helpline to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the service or other features that the NAMI-NYC Helpline provides. If any provision (or part thereof) contained in these Terms of Service is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and NAMI-NYC as a result of these Terms of Service or your use of the NAMI-NYC Helpline. Headings herein are for convenience only.