TERMS AND CONDITIONS
Welcome to P.S. Psychiatry (the “Company”, “we”, “our” or “us”) Website (the “Application”). We provide this Application for your personal use. Use of the Application and our website at www.PennPsychiatry.com (collectively, the “Services”) is governed by these terms and conditions of use (the “Agreement” or “Terms and Conditions”). Although accessible by others, the Services (which include content) are intended for access and use only by customers located in states in which we have an affiliated health care provider. Please read this Agreement carefully before accessing or using the Services.
GENERAL TERMS AND CONDITIONS
The Web is an evolving medium. As such, if we need to change the terms of this Agreement in the future, we will post the updated Terms and Conditions through our Application and/or website and update the “Effective Date” to reflect the date of these changes. You agree to review these Terms and Conditions each time you use the Services so that you are aware of any modifications made to these Terms and Conditions. By continuing to access or use the Services after we post such changes to these Terms and Conditions, you agree to the terms of this Agreement, as modified.
If applicable, the Services are being provided to you pursuant to an agreement between us and your employer, or an entity that has contracted with us for the provision of such Services (“Employer Agreement”). To the extent the Employer Agreement is applicable, the provision of Services to you is subject to that Employer Agreement and the terms laid out therein. If the Employer Agreement expires or is terminated for any reason, your access to and use of the Services will also be terminated.
HOW TO USE THE APPLICATION
To use the Application, you must first sign up with P.S. Psychiatry, which you may do via our website at www.PennPsychiatry.com. When completing the signup process, you are required to provide us with certain information, such as your full name, address, and date of birth. Upon successful completion of the signup process, we will provide you with a personal P.S. Psychiatry account, accessible only to you, and secured by a password of your choosing.
By using the Application and the Services, you affirm that you are at least eighteen (18) years old, or that you have acquired the appropriate parental or guardian consent to receive the Services and to otherwise enter into this Agreement. The Services are available for use by minors who are at least 13 years of age unless otherwise prohibited by applicable state and federal laws. If you register for the Services as a parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms and Conditions.
The Application identifies to your health care professional, who has licensed the Application from us and who have engaged us to provide administrative, scheduling, and other operational services. In the event that a health care professional agrees to provide you with health care services, the Application schedules those services and we may bill you on behalf of your health care professional. We make no representation or warranty to you that any health care professional will be available to perform health care services for you in your state. If a health care professional is not available to perform health care services for you in your state, please contact us at email@example.com.
COMPANY IS NOT ENGAGED IN THE PRACTICE OF MEDICINE OR THE PRACTICE OF ANY OTHER LICENSED PROFESSION. COMPANY DOES NOT PROVIDE MEDICAL SERVICES AND IS NOT A HEALTH CARE PROVIDER. COMPANY DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR THE PRACTICE OF ANY OTHER LICENSED PROFESSION BY ANY HEALTH CARE PROFESSIONAL, EACH OF WHOM ARE RESPONSIBLE FOR HIS OR HER SERVICES AND COMPLIANCE WITH THE REQUIREMENTS APPLICABLE TO HIS OR HER PROFESSION AND LICENSE. THE HEALTH CARE PROFESSIONAL(S) WITH WHOM YOU ESTABLISH A TREATMENT RELATIONSHIP ARE SOLELY RESPONSIBLE FOR PROVIDING YOU WITH MEDICAL SERVICES. COMPANY ONLY ACTS AS A TECHNOLOGY APPLICATION TO CONNECT YOU WITH HEALTH CARE PROFESSIONALS WHO MAY BE INTERESTED IN PROVIDING YOU WITH MEDICAL SERVICES.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDERS BEFORE DECIDING TO START, ALTER, OR DISCONTINUE ANY COURSE OF MEDICAL TREATMENT OR FOR ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION, YOUR DIET, OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. DO NOT USE THE SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER, AND DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED IN CONNECTION WITH OUR SERVICES.
YOUR USE OF THE SERVICES
You represent and warrant that the information you provide to us is true, accurate, and complete to the best of your knowledge. You acknowledge and agree that we are entitled at all times to verify the information provided and to deny your use of the Services at any time for any reason or for no reason. You may only access the Services using authorized means. We are not liable if you do not have a compatible device.
By accessing or using the Services, you further agree that:
We reserve the right to immediately terminate your use of the Services should you fail to comply with any of the foregoing rules.
CONSENT TO RECEIVE CALLS, TEXT MESSAGES AND VIDEO RECORDING
By providing your mobile number, you are agreeing to be contacted by or on behalf of P.S. Psychiatry at the mobile number you provide us, including calls and text messages, to receive informational or Service related (e.g., progress tracking, reminders, etc.) communications relating to the Application and Services. Message and data rates may apply. To stop receiving text messages, reply to the message with the word “STOP.” We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.
You acknowledge that P.S. Psychiatry only acts as a passive conduit for the distribution of content provided by users (the “User-Provided Content”) and is not responsible or liable to you or to any third party for the content or accuracy of the User-Provided Content. You understand that we have no obligation to monitor any areas of the Services through which users can post User-Provided Content. However, we reserve the right at all times, in our sole discretion, to screen User-Provided Content and to edit, move, delete, and/or refuse to accept any User-Provided Content that in our judgment violates this Agreement or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy, or publicity rights, and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.
You agree to indemnify and hold harmless P.S. Psychiatry, P.S. Psychiatry’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors, and assigns from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, that arise out of any User-Provided Content posted or transmitted through the Services by you or by others using your account.
PAYMENT AND FEES
We reserve the right to require payment for the fees associated with your use of the Services or certain features of the Services. The rates that apply for the telephonic or video consultation Services can be found on our website and through the Application. You acknowledge that these rates may be modified or updated at any time. It is your own responsibility to remain informed about the current rates for the Services made available through the Application.
At present we do not process any insurance claims, nor will any of our affiliated health care professionals process claims on your behalf. Although the consultations / treatments you receive from any of our affiliated health care professionals through the Application may or may not be covered by your insurance, it is solely up to you to contact your health plan, to determine whether coverage applies, and to submit a claim to your health plan for reimbursement. You are responsible for payment of the full fee (and for paying the fee in advance) associated with the Services, regardless of whether you are later able to receive reimbursement from your health plan for part or all of these costs.
INTELLECTUAL PROPERTY OWNERSHIP
P.S. Psychiatry alone (and its licensors, where applicable) shall own all rights, title, and interest, including all intellectual property rights, in and to the Services as well as any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Services. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of, or created from, the Services shall be owned solely and exclusively by P.S. Psychiatry and/or, as applicable, P.S. Psychiatry’s third-party vendors, as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto. You hereby assign to P.S. Psychiatry any and all of your rights, title, or interest in the Services or any modifications to or derivative works of the Services. You shall not remove, authorize, or permit any third party to remove any proprietary legend from the Services.
Your acceptance of these Terms and Conditions does not constitute a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by P.S. Psychiatry. P.S. Psychiatry’s name, logo, and the product names and logos associated with the Services are trademarks of P.S. Psychiatry, its affiliated companies, or third parties, and no right of license is granted to use them.
All materials related to the Services are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Services for your own personal, noncommercial use only, provided that you keep intact all credits and copyright and other proprietary notices. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
Subject to your compliance with the terms and conditions of this Agreement, P.S. Psychiatry grants you a limited, non-exclusive, non-transferable license to download and install a copy of the Application on your device(s) that you own or control and to run such copy of the Application solely for your own personal use.
You shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based upon the Application; (iii) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Application, or (c) copy any ideas, features, functions or graphics of the Application; or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY. WE WILL REGARD ALL ACCESS OR USE AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.
The Services are solely designed to enable you to obtain telephonic and in-person consultations and treatment for common medical conditions by facilitating the connection between you and nearby health care providers. NOTHING CONTAINED IN THE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. The services provided in the Application are here to help connect you to nearby health care providers only. Any information contained in the Services should not be relied upon as the basis of any health-care decision. The Services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. NEVER DISREGARD, AVOID, OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ THROUGH OUR APPLICATION OR WEBSITE.
We do not control, supply, endorse, warrant, or guarantee any information, products, services, or merchandise supplied by any of the affiliated health care providers that you may connect with via the Services.
We also do not warrant or guarantee that files that may be available for downloading through the Services will be free of infections or viruses, worms, Trojan horses, or other code that contains contaminating or destructive properties.
We, and our technology service providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You download and use the Services at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Services. Users of the Services are responsible for maintaining a means external to the Services for the reconstruction of any lost data.
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES (INCLUDING ANY CONSULTATIONS OR OTHER SERVICES YOU MAY OBTAIN FROM HEALTH CARE PROVIDERS WITH WHOM YOU CONNECT VIA THE SERVICES). WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE, OR OTHER MATERIAL PROVIDED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT, OR THE USE OF, OR THE INABILITY TO USE, THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY ANY AFFILIATED HEALTH CARE PROVIDERS WITH WHOM YOU CONNECT VIA THE SERVICES (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN THE MAXIMUM LIABILITY OF COMPANY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), OR OTHERWISE) OF EVERY KIND ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATION OF LIABILITY OF COMPANY WILL COVER, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR OR LOSS OF DATA, AND ANY OTHER INJURY, ARISING FROM THE USE OF THE SERVICES.
You agree to indemnify and hold harmless P.S. Psychiatry, P.S. Psychiatry’s affiliates, and each of its and their respective directors, officers, managers, employees, shareholders, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Services, violation of this Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
MODIFICATIONS TO, OR DISCONTINUATION OF, THE SERVICES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services or any portion thereof.
DIGITAL MILLENNIUM COPYRIGHT ACT POLICY
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Web site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, P.S. Psychiatry has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to us at Hello@PennPsychiatry.com.
This Agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this Agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral, related to that subject matter. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are available through the Services. In the event of any conflict between any such third party terms and conditions and this Agreement, this Agreement will govern. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado, without regard to any conflicts of law provisions contained therein.
Any dispute arising under or relating in any way to this Agreement will be resolved exclusively by final and binding arbitration in Utah under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the federal courts located in Utah for any action related to this Agreement.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions. This Agreement is not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or this Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability, and governing law.
WE DO NOT PROVIDE EMERGENCY CARE. IF YOU THINK YOU ARE FACING AN EMERGENCY, PLEASE DO NOT RELY ON US FOR HELP. IMMEDIATELY CALL 911 OR GO IMMEDIATELY TO YOUR NEAREST EMERGENCY ROOM.
If you have any questions or comments about this Agreement or the Services, please contact us at Hello@PennPsychiatry.com.
AGREEMENT TO SERVICE
You understand that by using the Application you are agreeing to these Terms and Conditions.
No waiver by P.S. Psychiatry of any term or condition set forth in this Agreement 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 P.S. Psychiatry to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 Agreement will continue in full force and effect.