IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR CRISIS SITUATION, CONTACT 9-1-1 IMMEDIATELY
This Website is offered and available to users who are eighteen (18) years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
You must be at least eighteen (18) years old to use the Website. If you are under the age of eighteen your parent or legal guardian must agree to this Agreement on your behalf and you may only access and use the Website with permission from your parent or legal guardian. If you are below 18 years old, do not provide or use any of the Website’s information without parental consent. In the event we discover that we have gathered or obtained Personal Information from an individual under 18 years old without confirmed parental consent, we will promptly remove it. If you are the parent or guardian of a minor under the age of 18 whom you suspect has provided us with their Personal Information, contact Us to request the deletion of said Personal Information.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
You are responsible for both:
By using our Website and/or establishing a user Account you agree to:
If you provide false or incomplete information, or if we have reasonable suspicion of such, we may suspend or terminate your account. By using our Website you agree that you are responsible for password protection and any activity associated with your account. In addition, you agree not permit others to access your account or password, as this will compromise its security.
The Website and 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 the Company, 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.
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
Additionally, you agree not to:
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
By providing your mobile number, e-mail address, or any other contact information, you agree to be contacted by Company by the methods provided, including calls, texts and e-mails. These communications may include service-related or information messages, such as progress tracking, appointment reminders, and other notifications related to your services or the Website. If you receive multiple types of communications, we may unsubscribe you from the most recent service or inquire about which services that should be stopped. Depending on your mobile carrier, you may be charged message and data rates. Note that withdrawing consent may limit the information you receive and limit the functionality of the Website and services
By using the Website, accessing your account, or sending us e-mails, messages, or other communications by way of any device, you are communicating with us electronically. By engaging in these types of activities, you consent to receive electronic communications from us. In addition, you acknowledge and agree that:
To help verify and keep your information secure, Company, or your service provider, may contact you via telephone, or e-mail. They may also request additional information from you to ensure that you are not fraudulently using the Website. [Failure to provide this information in the requested manner may result in the suspension, discontinuation, or denial of your use of the Website and access to your account until the information is provided to us as requested.]
The owner of the Website is based in the State of Delaware 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. Access to the Website may not be legal by certain persons or in certain countries. 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.
To enhance your experience with our services, payments for services received can be paid on our Website. If you elect to make payments via our Website, you will need to provide an accurate statement code for your invoice to be found. If you are in need of additional information about the costs of the services you have received, please contact us at https://psychiatreat.com/privacy-policy. If payment for the services you received is being paid by an insurance provider, it may be your responsibility to seek payment ore reimbursement from the insurance provider on your own behalf.
In the event a service is priced incorrectly due to typographical error or incorrect pricing information received from partners, affiliates, insurance providers, or any other third-parties we reserve the right to refuse to conduct or cancel the services. We may refuse or cancel such services even if they have been confirmed and you have been charged by way of credit or debit card, electronic check, or any other means of payment. If you have been charged and your order is canceled, we will credit you with the incorrect amount promptly.
Company reserves the right, at our sole discretion, to refuse or cancel any order for any reason. We may also, at our sole discretion, restrict or terminate your account for any reason. For your convenience, you will not be charged until your payment method is authorized and the order information is verified for accuracy. Additional verifications or information before accepting any order may also be requested by us. If we need to cancel part or all of your order or request more information, we will promptly contract you. If your order is canceled after your credit card (or other payment method) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
Company makes every effort to provide users with appointment availability. You agree that if you cancel or reschedule an appointment without [48 hours] prior notice or do not show up for your scheduled appointment, you will be charged a [$ 100] cancellation fee. You also agree that if a cancellation or no-show fee is owed to us, Company is permitted to charge the payment method maintained on your account for such fees.
By using our Website and services, you recognize and acknowledge the potential risks associated with participating in telehealth services. These may include, but are not limited to:
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or 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. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY 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.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR MANAGERS 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 WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Website.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Service Providers must be licensed healthcare professionals, employed by Company or its affiliates, and adhere to the applicable laws and regulations. Service Providers are directly responsible for relationships with patients and users (collectively, “users”) as the Company does not practice medicine or offer medical services. Service Providers may handle agreements, consents, patient interactions, billings, and collections and Company shall have no liability to Service Providers with respects to any amounts owed by any user or other consumer to Service Provider.
The Company doesn’t provide medical or legal advice or representations about compliance obligations. Service Providers should consult legal counsel for legal and compliance issues. The Company and the Website do not replace or modify professional judgment.
Service Providers must follow good medical practice according to the applicable standards while using the Website, and advising users during service sessions. Service Providers are solely responsible for using the Website and providing medical services, releasing and waiving potential claims against the Company.
Considering the inherent nuisances and complexities in the user and patient care process, Service Providers agree to indemnify the Company from any claims arising from the Website’s use or operation, obtaining written consent for settlements or judgments involving Company fault or Platform defects. This indemnification shall be effective regardless of whether the cause of the claim arises out of Service Provider’s use of the Website and the services provided to the users by way of the Website. To the extent applicable, Service Provider will obtain Company’s prior written consent to any settlement or judgment in which Service Provider agrees to any finding of fault of a defect on the Website.
Service Providers submitting content must avoid harmful or illegal content, obtaining necessary agreements and consents from users, or any such party bringing a claiming damages by virtue of any relationship with users. The Company at its own discretion can use, modify, or delete Service Providers Content without obligations to maintain confidentiality, compensate, or respond. The Company may monitor, edit, or remove Service Provider Content without regular review. Service Providers grant the Company name usage rights and remain responsible for content. The Company assumes no liability for Service Provider Content submitted by third parties.
Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and the Company agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent (a) to the Company at [1400 Old Country Road – 200A Westbury, NY 11590], and (b) to you at the addresses provided to the Company.
Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and the Company expressly 11 delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending a letter requesting arbitration to the Company. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. The Company will reimburse those fees for claims totaling less than $10,000 if the arbitrator rules in your favor on any material aspect of your claim. The Company waives its right to seek attorneys’ fees and costs in arbitration. However, if your claim is deemed by the arbitrator to be frivolous or brought in bad faith or with an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11, then the arbitrator may award the Company the reimbursement of its costs and arbitration fees against you and/or your counsel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.
In lieu of arbitration, either you or the Company may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. You further agree that if your arbitration claim is filed at or around the time of other similar claims by the same or related counsel, you agree that your claim may be temporarily stayed or phased to allow the AAA to establish efficient and fair adjudication procedures.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and the Company agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and the Company hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If 12 a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or the Company. You may terminate this Agreement at any time. The Company also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
We may assign our rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.