TERMS OF USE & SERVICE OVERVIEW
The PsychConnect Platform Terms of Use are effective on July 1, 2020.GENERAL PROVISIONS
Contractual relationship
These Terms of Use (“Terms”) govern the access and/or use, by an individual (“User”), who has registered with PsychConnect (“Company”) and has a User account, or a profile in a User account as explained below, which may include access to a platform that consists of any or all of the following components: applications, websites, content and services (collectively referred to as the “PsychConnect Platform”), owned and operated by Company. These Terms also govern participation in any future program or activity associated with the PsychConnect Platform. For clarity, these Terms also outline the circumstances in which User may use the PsychConnect Platform on behalf of another person, and where User is doing so (as permitted), such as for a child or other person listed in User’s account for whom User has the legal authority to seek “Telehealth Services” as defined below (each a “Registered Dependent“).By accessing and using the PsychConnect Platform or by participating in any of its associated programs or activities, User acknowledges and agrees to be bound by these Terms, which establish a contractual relationship between User and Company. If User does not agree to these Terms at any point, User must immediately cease accessing the PsychConnect Platform and participating in any associated programs and activities.
Company reserves the right, at its sole discretion, to modify, alter or otherwise update these Terms at any time and, by using the PsychConnect Platform or participating in any programs or activities after the amendment of the Terms, User is agreeing to be bound by such modifications, alterations or updates. The date on which these Terms were last amended, and the effective date will appear at the top.
Upon providing notice to User, Company may immediately terminate these Terms of Use and/or access to the PsychConnect Platform, or generally cease offering access to the PsychConnect Platform or any portion thereof and/or any associated programs or activities, at any time, for any reason.
PsychConnect is Not a Healthcare Provider
The PsychConnect Platform provides access to an online communication for Authorized Providers and their patients to connect via a website through the use of synchronous and asynchronous telecommunications technologies. Company facilitates communication between Users and Authorized Providers.Company does not provide medical advice or care. Authorized Providers are not employed by Company. Company contracts with independently licensed providers of the healing arts. Authorized Providers, and not Company, are responsible for the quality and appropriateness of the care they render to Users.
Company does not recommend or endorse any specific provider, tests, medications, or procedures. User acknowledges that reliance on any Authorized Provider or information delivered by the provider via the website is solely at User’s risk and User assumes full responsibility for all risks associated herewith.
PsychConnect is Not an Insurance Product
Neither Company nor Authorized Providers are insurers. The Telehealth Services provided are not insurance products, and the fees paid to Company are not insurance premiums.Primary Healthcare
Please note that interaction with an Authorized Provider through the PsychConnect Platform is not intended to take the place of appointments with User’s regular primary care provider (PCP). If User does not have an established relationship with a primary care provider, User is encouraged to develop one. User should seek emergency help or PCP follow-up care when recommended by an Authorized Provider. Authorized Providers are responsible for determining the need to provide, and for providing User’s primary care physician with a report about the Telehealth Services that User receives through the PsychConnect Platform. It is always advisable that User shares information with the PCP about the Telehealth Services being received, including the issues that prompted User to request them.Risks of Telehealth Services
By using the services, User acknowledges the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to User’s medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of PHI, those protocols could fail causing a breach of privacy of User’s PHI.Content
None of the information or materials, (“Content”) that may become available to User through the PsychConnect Platform is medical advice, treatment, diagnosis or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective. Content is for informational purposes only. It is the User’s responsibility to discuss any Content with User’s Authorized Provider, primary care physician or another telehealth provider prior to relying on it and any reliance on Content is at the User’s risk.Although Company attempts to ensure the integrity and accurateness of the site and service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the site or Content on the site. It is possible that the site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the site by third parties. In the event that an inaccuracy arises, please inform Company by emailing support staff at [email protected] so that it can be corrected. Information contained on the site may be changed, updated, or deleted without notice. Additionally, Company shall have no responsibility or liability for information or content posted to the site from non-affiliated third parties.
Links to External Websites
Links on PsychConnect’s Platform to other websites or resources including those operated by parties other than Company, are provided for convenience. Company is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the Terms of Use or Notice of Privacy Practices (if any) of the operators of the external websites or resources. Access and viewing of any third-party websites or resources is conducted at User’s risk.Fees
User understands a fee (“Fee”) is charged for the Telehealth Services User receives from an Authorized Provider. Information about the Fees associated with receiving services are outlined in a separate document entitled Patient Registration Form. The Fees for Telehealth Services must be paid via credit card or debit card with a credit card option and are due at the time Telehealth Services are requested, not at the time Telehealth Services are provided. Company requires the User to submit credit card information prior to the provision of services to allow for card validation. User will be unable to begin accessing Telehealth Services through the PsychConnect Platform if the credit card information provided is inaccurate and/or if the credit card is declined at the point of validation. User agrees that Company, on behalf of Authorized Providers, may validate the credit card and put a hold on equal to the amount of the Fee. Company will notify User of any applicable Fee and will only have the charge processed to User’s credit card after User has obtained the corresponding Telehealth Services, or if User does not show for a scheduled appointment. Company will provide User with a receipt for Fees paid.The PsychConnect Platform facilitates payment of the fees to the Authorized Provider. Payment of the fees through the credit card validation and processing arrangement described below shall be considered the same as payment made directly to the Authorized Provider. All fees for Telehealth Services are in US dollars and inclusive of all applicable taxes.
Disclaimer
The PsychConnect Platform is provided “as is” and “as available.” Company disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services requested via the PsychConnect Platform, or that the services will be uninterrupted or error-free. Company does not guarantee the quality, suitability, or safety of Telehealth Services. User agrees to assume all risk arising out of PsychConnect Platform use, and any risk related to the Telehealth Services provided.Limitation of PsychConnect’s Liability
Under no circumstance shall company be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including professional negligence, personal injury, lost income or lost data, related to, in connection with, or otherwise resulting from any use of the PsychConnect Platform and/or health care services provided by authorized providers. Company, its directors, officers, employees, shareholders, affiliates, agents and independent third party contractors shall not be liable for any damages, liability or losses arising out of: (1) use of or reliance on the PsychConnect Platform and/or telehealth services or an inability to access or use the PsychConnect Platform and/or telehealth services; or (2) any transaction or relationship between user and any authorized provider. Company shall not be liable for delay or failure in performance resulting from causes beyond its reasonable control. User agrees that company has no responsibility or liability related to the use of the PsychConnect Platform or the Telehealth Services provided to user by Authorized Providers.No Liability for Computers or Networks Used to Access User Account
Company is not liable for information stored or recorded by any computer, tablet, mobile device, or any network, whether public or private, that a User may use to access the PsychConnect Platform.Indemnity
User agrees to indemnify and hold Company (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (1) use of the PsychConnect Platform or Telehealth Services obtained through use of the PsychConnect Platform; (2) breach or violation of any of these Terms; or (3) violation of the rights of any third party, including Authorized Providers, other Users, any person on whose behalf User requests Telehealth Services.Entire Agreement
These Terms constitute the entire agreement and understanding of Company and User with respect to the subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.Governing Law
These Terms are governed by the laws of Arizona and the laws of United States applicable therein, excluding any conflict of laws which would lead to the application of any other laws.Arbitration
By accessing the PsychConnect Platform, User agrees that any disputes or matters arising from, connected with, or related to the Terms of this agreement shall be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The parties agree that the agreement will be governed by and construed and interpreted in accordance with the laws of the State of Arizona. The arbitration shall be held in Arizona. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the Terms. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.Non-assignment
These Terms are not assignable, transferable, or to be sublicensed by User except with Company’s prior written consent. Company may assign, transfer, or delegate any of its rights and obligations hereunder without User’s consent.Severability
If any provision in these Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.Intellectual Property
With the exception of User’s electronic medical record, Company, as applicable, retains all rights, titles, and interest in and to the site, the services and any information, documentation, software, or other materials on the PsychConnect Platform, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the site licensed by Authorized Providers (in that case, the licensed provider retains all right, title, and interest therein). The information available through the site is the property of Company. User agrees not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Company trademarks, service marks, and logos are strictly prohibited without the prior written permission of Company as applicable. The immediately foregoing sentence also applies to any third-party trademarks, service marks, and logos posted on the site. Nothing contained on the site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the site without the written grant thereof by Company, Authorized Providers or the third party owner of such trademarks, service marks, and/or logos. The site may contain other proprietary notices and copyright information, the terms of which User agrees to follow.Company may delete any information provided by User that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
Ownership of The Site and Related Materials; Additional Restrictions
All pages within this site and any material made available for download are the property of Company, or its licensors, vendors, or suppliers, as applicable. The site is protected by United States and international copyright and trademark laws.The PsychConnect Platform, all Contents, and rights therein, except PHI, are and shall remain Company’s property or the property of Company’s licensors, vendors, or suppliers. Neither these Terms nor User’s use of the PsychConnect Platform convey or grant User any rights to use or reference in any manner Company’s brand elements, company name, logo and service names, trademarks or services marks or those of Company’s licensors, vendors or suppliers, User is not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as expressly permitted by these Terms.Authorized Providers are responsible for retaining or destroying copies of Telehealth documentation and PHI in accordance with state and federal laws and regulations. PsychConnect is not a party to that relationship.
All rights not expressly granted to User in these Terms of Use are reserved and retained by Company or its licensors, suppliers, publishers, rights holders, or other content providers. No part of the site or associated services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent. User may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. User may not misuse the site or services. User may use the site only as permitted by law. The content of the site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this site may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Company.
Disclaimer of Warranties
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. USER IS RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY USER’S NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO SERVICES OFFERED, SOLD AND DISTRIBUTED BY COMPANY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY COMPANY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES.
Limitation of Liability Regarding Use of Site
Except as provided by law, and without limitation:Company shall not be liable for the acts or omissions of Authorized Providers. Company and any third parties mentioned on this site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the site, site-related services, content or information contained within the site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. User’s sole remedy for dissatisfaction with the site, site-related services, and/or linked websites is to stop using the site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of company to user with respect to user’s use of this site is $500 (five hundred dollars). User hereby agrees to waive, to the fullest extent permitted by law, all laws that limit the efficacy of such indemnifications or releases.
No Third-Party Rights
Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than the User, Company, Authorized Providers, and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to User, Authorized Providers, Company and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against User, Authorized Providers, Company and its affiliates.Assignment
User may not assign, transfer, or delegate the Terms of Use or any part thereof without Company’s prior written consent. Company may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.SERVICE OVERIVIEW AND REQUIREMENTS
Authorized Providers
Medical and Clinical Providers providing Telehealth Services, as defined below, (“Authorized Providers”) are independent, regulated health professionals registered to practice in the healing arts in a state or territory of the United States. The healing arts encompass medicine, nursing, counseling, and other supportive services which promote emotional and physical healing. Company is not a healthcare provider. Authorized Providers alone are responsible for the Telehealth Services they provide through the PsychConnect Platform.To the extent permitted by the law in the U.S. state or territory in which User resides, Authorized Providers may be located in any geographical location. Biographical and professional information about each Authorized Provider is available by accessing the website of the applicable board governing the practice of healing arts in the state or territory where the Authorized Provider is licensed. For example, if the assigned provider is a psychiatric advanced practice registered nurse (APRN) licensed in Kansas, information about the APRN is available on the Kansas Board of Nursing website.
Other than ensuring Authorized Providers are licensed accordingly, Company does not make any representations or warranties about the training or skill of any Authorized Provider who delivers services via the PsychConnect Platform. Company does not recommend or endorse any specific provider, tests, medications, or procedures. User acknowledges that reliance on any Authorized Provider or information delivered by the provider via the website is solely at User’s risk and User assumes full responsibility for all risks associated herewith.
Available Services
Telehealth is the delivery of health care and other services using interactive text, audio, and video technology, where the User and the Authorized Provider are not in the same physical location. Available services include:- Psychosocial Assessments
A psychosocial assessment is a comprehensive evaluation to explore many aspects of a person’s life including developmental history, medical history, family history, social and environmental influences, academic/work concerns, and emotional and cognitive strengths and weaknesses. It also considers a person’s perception of self and his or her ability to function within the community. Behavioral health professionals use psychosocial assessments as a tool to help people develop goals for treatment.
- Counseling
Professional counseling is a safe and confidential collaboration between qualified professionals and persons seeking care to addresses the emotional, social, work, school and physical health concerns people may have at various stages in their lives. It can focus on typical life stresses and/or more severe issues with which people may struggle as individuals and as a part of families, groups, and communities.
- Psychiatric Evaluation
A comprehensive psychiatric assessment is conducted to diagnose emotional, behavioral, or developmental disorders and to determine whether medication could be prescribed as an effective treatment option. Areas addressed include, but are not limited to a person’s mood, level of anxiety, thought content and process, perception, and cognition. Information is gathered including past and current psychiatric diagnoses, past psychiatric treatments (type, duration, and, where applicable, doses), adherence to past and current pharmacological and nonpharmacological psychiatric treatments, response to past psychiatric treatments, history of psychiatric hospitalization and emergency department visits for psychiatric issues. The primary purpose of a psychiatric evaluation is to determine whether prescribing medication will be a safe and effective treatment option.
- Medication Management
Medication management or monitoring is focused on the monitoring and prescribing of psychopharmacologic agents. A medical provider (psychiatrist or psychiatric advanced practice registered nurse (APRN) will conduct a mental status examination and assess the treatment response and ongoing treatment formulation. Psychopharmacologic agents may be initiated or adjusted during the appointment.
Telehealth Services will only be made available to User if User is a temporary or permanent resident of U.S. state or territory. The relationship between a User and an Authorized Provider providing Telehealth Services is a provider-patient relationship. Company is not a party to that relationship.
Emergencies
IF USER HAS AN EMERGENCY, CALL 9-1-1 IMMEDIATELY! IF A USER BELIEVES A MEDICAL EMERGENCY IS PRESENT OR IMMENENT, USER MUST CALL 911 IMMEDIATELY OR GO TO THE NEAREST EMERGENCY ROOM.Company’s site and services are not inclusive of serving Users who have urgent or emergent medical needs. User should not disregard or delay seeking medical advice based on anything that appears or does not appear on the site. User should seek emergency help or follow-up care when recommended by an Authorized Provider or when otherwise needed. User should continue to consult with a primary care provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
The following symptoms are inappropriate for Telehealth Services:
- Chest pains
- Difficulty breathing
- Fever in children under the age of 3 months
- Blackouts or feeling like a blackout may happen
- Any impairment in level of consciousness
- Stroke like symptoms such as impaired sensation or paralysis to one side of the body
- Inability to speak or comprehend language
- Any abdominal pain severe enough to impair the ability to comfortably walk
- Suicidal and/or homicidal ideation (thoughts one has about taking one’s own life, or hurting another person, with some degree of intent)
Additionally, if a User is experiencing severe symptoms, participation in Telehealth Services may be contraindicated. PsychConnect may not be appropriate for Users suffering any of the following:
- Elevated of suicidality
- (Hypo) Manic Episodes that are not currently being effectively managed
- Significant problems with alcohol or substances that are not currently being effectively managed
- Psychotic Disorders
- Severe symptoms of Post-traumatic Stress Disorder (PTSD) or Obsessive-Compulsive Disorder (OCD) that are not being effectively managed
Prescriptions
Should User request a psychiatric evaluation, prescriptions for psychotropic medication are available when clinically appropriate. If User is prescribed medication, most scripts will be electronically sent to the pharmacy of choice. In some instances, other arrangements may be necessary (e.g. provider calls in the prescription to the pharmacy). CLINICAL PROVIDERS (COUNSELORS/THERAPISTS) ARE NOT LICENSED TO PRESCRIBE ANY MEDICATION. MEDICAL PROVIDERS (PSYCHIATRISTS AND PSYCHIATRIC ADVANCED PRACTICE REGISTERED NURSES OR APRNS), ARE NOT PERMITTED TO PRESCRIBE CERTAIN KINDS OF MEDICATION INCLUDING NARCOTICS, OTHER TYPES OF CONTROLLED SUBSTANCES, NON-THERAPEUTIC DRUGS AND OTHER DRUGS WHICH MAY BE HARMFUL BECAUSE OF THEIR POTENTIAL FOR ABUSE.USER AGREES THAT ANY PRESCRIPTIONS ACQUIRED FROM A MEDICAL PROVIDER ARE SOLELY FOR THE PERSONAL USE OF THE INDIVIDUAL NAMED ON THE PRESCRIPTION. USER AGREES TO READ CAREFULLY AND COMPLETELY ALL PROVIDED PRODUCT INFORMATION AND LABELS, AND TO CONTACT A PHYSICIAN OR PHARMACIST IF USER HAS ANY QUESTIONS REGARDING THE PRESCRIPTION OR MEDICATION.
User should report any medication reactions, side effects or other adverse events to a primary care physician or, if User does not have one, to the nearest walk-in clinic or emergency room. User should call 911 if any reaction requires emergency treatment.
Consent to Generate and Receive Electronic Communications
When a User accesses the PsychConnect Platform to request Telehealth Services, or send e-mails, messages, and other communications from a desktop or mobile device, the User is communicating electronically. User consents to receive electronic communications from Company and the Authorized Providers assigned to User. User agrees that (1) all agreements and consents can be signed electronically and (2) all notices, disclosures, and other communications electronically provided to User satisfies any legal requirement that such notices and other communications be in writing. Company and Authorized Providers may contact User by telephone, mail, or email to verify account information. Company and Authorized Providers may request further information from User therefore, User agrees to provide such further information to ensure the User Account created was not fraudulent. If User does not provide this information in the manner requested within 7 days of the request, Company reserves the right to suspend, discontinue, or deny access to and use of Company and Telehealth Services until the requested information is provided.Consent to Receive Calls and Text Messages
By providing a mobile number, User is agreeing to be contacted by or on behalf of Company or Authorized Providers at the mobile number User provided, including calls and text messages, to receive informational, or service related (e.g., progress tracking, refill reminders, checkup reminders, etc.) communications relating to the site and services. Message and data rates may apply. Users will also be able to stop receiving text messages. Company may confirm User’s opt out by text message. If User subscribes to multiple types of text messages from Company, Company may unsubscribe User from the service that most recently sent a message and/or respond to a STOP message by texting User a request to identify which services should be stopped. Keep in mind that if User stops receiving text messages from Company, User may not receive important and helpful information and reminders about User’s progress and treatment.Consent to Receive Telehealth Services
User agrees to sign a separate document that indicates User’s understanding of the risks and benefits of, and consent to, receive behavioral health services via direct, two-way, real-time interactive televideo communication.Consent to be Prescribed Psychotropic Medication (not applicable to all Users)
User agrees to sign a separate document that indicates User’s understanding of, and consent to, the risks and benefits associated with taking psychotropic medications as prescribed by a Medical Provider.ACCESSING SERVICES VIA THE PSYCHCONNECT PLATFORM
Residency Requirements
The PsychConnect Platform enables Users to access the online provision of telehealth services from providers who practice in one or more US states or territories. The PsychConnect Platform and Telehealth Services will only be made available to User if User meets the Residency Requirements. User is required to be a resident of the US or a US territory. By using the PsychConnect Platform and Telehealth Services, User represents and warrants that User, or any Registered Dependent, meets the Residency Requirements at the time that the Telehealth Services are received. User agrees that the PsychConnect Platform is made available solely for personal and non-commercial use.BY REGISTERING TO USE THE PsychConnect PLATFORM, USER ACKNOWLEDGES THAT USER UNDERSTANDS AND AGREES THAT:
- The PsychConnect Platform is a technology platform that facilitates connecting Users (and any individuals for whom they have created a profile in their User Account) with Authorized Providers for the provision of Telehealth Services. Company is not a party to the relationship between a User and an Authorized Provider providing Telehealth Services. Authorized Providers are independent contractors who are not employed by Company or otherwise affiliated with Company.
- AUTHORIZED PROVIDERS ARE SOLELY RESPONSIBLE FOR TELEHEALTH SERVICES THAT THEY PROVIDE TO USER, INCLUDING COMPLIANCE WITH STANDARDS OF CARE AND RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS.
- As with any other medical consultation, no results can be guaranteed or assured: User’s Authorized Provider may determine that Telehealth Services are not appropriate for some or all of User’s treatment needs, and accordingly may elect not to provide Telehealth Services to User through the PsychConnect Platform.
- As with any other health care service, there are risks associated with the use of the Telehealth Services. For example, the PsychConnect Platform may, at times, not permit the transmission of information in a way that allows the Authorized Provider to provide Telehealth Services (e.g., poor resolution of images).
- User is responsible for providing the Authorized Provider with information the provider deems is required to provide Telehealth Services to User.
- The laws that protect the privacy and security of PHI also apply to telehealth; (again, please see our Notice of Privacy Practices).
- The content and material appearing on the PsychConnect Platform includes forms and documents uploaded by Authorized Providers and could include technical, typographical, or photographic errors. Company does not warrant that any of the materials provided are accurate or current (see section on “Content” below).
Security
To access Telehealth Services via the PsychConnect Platform, User represents and warrants that User is 18 years old, or older. The site and services are only for Users age 18 or older. If User is under the age of 18, please do not attempt to register or provide any personal information. If Company learns that personal information was collected from someone under the age of 18, who is not a Registered Dependent of an adult User, the information will be promptly deleted. If User believes Company has collected personal information from someone under the age of 18, please or call site support staff at (480) 269-9257 or contact support staff by sending an email to [email protected].User agrees to fully, accurately, and truthfully create a PsychConnect Platform User Account by providing the accurate information. Required information includes but is not limited to name, mailing address, phone number, email address, and password which will become User’s PsychConnect ID and credentials. The PsychConnect ID and/or credentials are personal to each User and the User is solely responsible for maintaining the confidentiality of the PsychConnect ID and/or credentials, and for all activities that occur under such PsychConnect ID and/or credentials. User agrees to prohibit anyone else from using User’s PsychConnect ID and/or credentials and agree to immediately notify Company of any actual or suspected unauthorized use of a PsychConnect ID and/or credentials, or other security concerns. User access may be revoked by Company at any time with or without cause.
User is prohibited from violating or attempting to violate the security of the site, including, without limitation, (1) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (3) accessing or using the site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
Support
If User has questions about the PsychConnect Platform or its use, contact PsychConnect Support by sending an email to [email protected].Account Registration
To use the PsychConnect Platform, including obtaining Telehealth Services, Users must register for, and maintain an active personal account (“User Account”). Users must be at least 18 years of age to create a User Account. User is only permitted to request Telehealth Services for personal use or for any Registered Dependents (persons under the age of 18 who are the legal responsibility of the User) who the User has added to User’s Account. User must create a separate “profile” for each Registered Dependent, which will include the person’s name and other personal information.User is responsible for all activity that occurs under the User Account, and User Agrees to maintain the security and secrecy of the User Account username and password at all times. Unless otherwise permitted by Company in writing, User may only possess one User Account.
Restrictions
While using the PsychConnect Platform, User may not, and represents and promises that User will not:- Remove or alter any copyright, trademark, brand elements or other proprietary notices.
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the PsychConnect Platform except as expressly permitted by Company.
- Decompile, reverse engineer, or disassemble the PsychConnect Platform.
- Link to, mirror or frame any portion of the PsychConnect Platform.
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the PsychConnect Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the PsychConnect Platform.
- Attempt to gain unauthorized access to or impair any aspect of the PsychConnect Platform, or its related systems or networks.
- Impersonate any person or entity, or otherwise misrepresent an affiliation with a person or entity.
- Use the PsychConnect Platform in a manner that violates any laws.
User Information
If User submits, uploads, posts or transmits any PHI, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to Company or the PsychConnect Platform (“User Information”), User agrees not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Company and Authorized Providers that you have the legal right and authorization to provide all required User Information to Company and Authorized Providers for use as set forth herein.User agrees not to (1) access the site or use the services in any unlawful way or for any unlawful purpose; (2) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (i) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the site or the services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent User’s identity or falsely state or misrepresent User affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the site or the services; (v) use robots or scripts with the site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Company. User may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect PHI about any other individual who uses the site or the services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
User agrees to defend, indemnify and hold harmless Company, Authorized Providers and affiliates from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information uploaded to or transmitted through the site.
