Effective 06/01/2017
Welcome! Thank you for using our service.
Please read the following agreement carefully.
Adaptive Telehealth Terms of Use
These Terms of Use (these “Terms”) govern Your use of the Adaptive Telehealth application. Please read these Terms very carefully. By installing, downloading, registering with, or Using Adaptive Telehealth in any way, You agree to be bound by each and every provision of these Terms. If You do not agree with these Terms, please do not install, download, register with, or use Adaptive Telehealth.
These Terms may be modified or expanded from time to time. The most recent revisions to these Terms will be communicated on or through the Adaptive Telehealth website https://adaptivetelehealth.com. Each time You use Adaptive Telehealth, You should check the website to see whether and how the Terms have been changed. Your continued access to or use of Adaptive Telehealth will constitute Your acceptance of any changes or revisions to these Terms. The Terms of this Agreement pertain solely to services provided by Adaptive Telehealth to Providers and patients or clients in the United States. In any other setting, this Agreement is null and void.
Through Adaptive Telehealth, as described more fully in these Terms, a Provider can provide You clinical services. Your failure to follow these Terms, however, whether listed below or communicated through the Adaptive Telehealth website, may result in the suspension or termination of Your access to Adaptive Telehealth without notice, in addition to any other remedies that may be available to Us at law or in equity.
Providers electing to communicate through Adaptive Telehealth are not the agents, servants, or employees of Adaptive Telehealth and are not providing services on behalf of Adaptive Telehealth. Adaptive Telehealth has no authority to advise a Provider to use or not use Adaptive Telehealth, either in general or in any specific case. Nor has Adaptive Telehealth any authority to, on the basis of any evaluation of the quality of service or the skill of a Provider, terminate or in any way define, modify or limit his or her use of the service. Adaptive Telehealth does not compensate Providers for their services. Nor does Adaptive Telehealth have any control over or knowledge of the accuracy of any statements Providers make about themselves through Adaptive Telehealth. Adaptive Telehealth cannot and does not offer any representations about the knowledge, skill, training, or experience of any Provider, nor does it have any knowledge of any claims that may have been asserted against any Provider by any person or entity, nor of any disciplinary actions that may have been taken or that may be pending against any such Provider, nor of any billing irregularities, alleged or established, associated with the services of any such Provider, nor what if any hospital privileges any such Provider may have, nor how, if at all, such privileges may have changed in the past or may change in the future. It is Your responsibility to determine a Provider’s suitability for Your needs, to verify the Provider’s credentials, and to understand and agree to the Provider’s terms of service. It is the Provider’s responsibility, and not Adaptive Telehealth’s, to inform you about the risks and benefits of his services to you, and to seek, obtain, and document your consent to same.
1. DEFINITIONS
“Affiliate” means all agents, servants, employees, parents, subsidiaries, siblings, successors, heirs, or assigns of Adaptive Telehealth, and each of their respective officers, directors, members, employees, agents, servants, or representatives, and their respective successors and assigns.
“Consumers” are those individuals who elect to communicate with Providers on Adaptive Telehealth.
“Individually identifiable health information” is defined according to 45 C.F.R. § 160.103, and refers to health information, including demographic information, that is (1) created by a You, Provider or by Us; (2) relates to Your health, the provision of health care to You, or payment for such health care; and (3) either identifies You or could reasonably be used to identify You. Individually identifiable health information is information that is a subset of health information, including demographic information, medical history, test and laboratory results, insurance information and other data that a healthcare professional collects to identify an individual and determine appropriate care.
“Party” or “Parties” refers to either Us or You in our respective capacities as signatories to this Agreement.
“Patients” and “Clients” are those Consumers who have agreed to accept a Provider’s services in making diagnoses or in recommending treatment or both for them, including, where the Provider deems it appropriate and lawful, and where it is within the scope of the Provider’s practice, the prescribing of medications exclusive of controlled substances.
“Protected health information,” or “PHI”, is defined according to 45 C.F.R. § 160.103, and means individually identifiable health information: (1)(i) Transmitted by electronic media; (1)(ii) Maintained in electronic media; or (1)(iii) Transmitted or maintained in any other form or medium. Electronic PHI means information that comes within paragraphs (1)(i) or (1)(ii) of the definition of PHI.
“Providers” are physicians, psychologists, mental health counselors, social workers, nurses, case workers or other licensed or unlicensed related staff who communicate with Consumers using Adaptive Telehealth and who arrange to be listed here.
“Site” means Adaptive Telehealth’s site https://www.adaptivetelehealth.com and all its subdomains.
Telehealth Services means video, audio, or written communication between a Provider and a Consumer, or some combination of such communications whether synchronous or asynchronous.
“We” or “Our” or “Us” means Adaptive Telehealth.
“You” or “Your” or “Yourself” or “My” refers to a Consumer or a Patient or a Client.
“Webdesign Content” means graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Us or by Our licensors that may not be clearly identified as, or intended for, Your use, including without limitation the organization, design, compilation, and “look and feel” of Adaptive Telehealth.
2. DISCLAIMERS
A. Adaptive Telehealth DOES NOT PROVIDE LEGAL ADVICE
Adaptive Telehealth is neither a lawyer nor a law firm. It does not practice law, nor seek to practice law. In offering these Terms to You, Adaptive Telehealth does not enter into an attorney-client relationship with You, or with anyone else, nor does it offer anyone legal advice. In particular, that We make Adaptive Telehealth available to You does not mean that We assert that a Provider may lawfully use it in the Provider’s or any other jurisdiction for any purpose. Your choice to access Adaptive Telehealth is at Your own initiative and Your own risk.
B. Adaptive Telehealth DOES NOT PROVIDE MEDICAL, MENTAL HEALTH, HEALTHCARE, OR MENTAL HEALTHCARE ADVICE
Adaptive Telehealth is neither a physician nor a medical practice. It does not practice medicine, nor seek to practice medicine. Adaptive Telehealth is not a psychologist nor a psychology practice. It does not practice psychology, nor does it seek to do so. Adaptive Telehealth is not a mental health counselor, a nurse, a social service or a social worker, or a case worker. Nor is Adaptive Telehealth any other kind of licensed or unlicensed Provider nor a Provider practice. In providing Terms to You and to Providers, Adaptive Telehealth does not enter into a Provider-patient or Provider-client relationship with anyone, nor does it offer health or healthcare advice, case management, counseling or psychological advice of any kind to anyone.
Providers with whom You communicate on Adaptive Telehealth are independent health care professionals, not employees or agents of Adaptive Telehealth, and they are solely responsible for the services or advice they provide to You; they pay a fee to be listed here. Adaptive Telehealth has no power to hire providers. Adaptive Telehealth is not in any way a partner of any Provider, nor a member of any Provider’s group, nor in practice nor in business with any Provider. Adaptive Telehealth may terminate any agreement it has with any Provider, but otherwise has no authority to discipline, fire or terminate Providers. In particular, Adaptive Telehealth has no authority to influence, much less control, how Providers practice, nor does it seek to acquire any such authority. On the contrary, Adaptive Telehealth recognizes, and by installing, downloading, registering with, or in any way using Adaptive Telehealth, You also recognize that Providers are professionals authorized and obligated to exercise their own independent professional judgment in the care of Patients, and that Adaptive Telehealth has no authority, nor any obligation, nor does it seek any such authority or obligation, to play any role in making any such judgments. In particular, Providers exercise their own independent professional judgment in determining whether You can benefit from their communications, in determining whether You may be appropriately diagnosed in the Adaptive Telehealth system, and in determining whether You may be appropriately treated or counseled through the Adaptive Telehealth system. Adaptive Telehealth itself has neither control nor influence over such decisions, nor does it attempt to exercise control or influence over them. Adaptive Telehealth does not interfere with the practice of any Provider with whom You may communicate, each of whom is responsible for services and compliance with the requirements applicable to his or her profession and, where applicable, license.
Any Provider willing to abide by the Terms Adaptive Telehealth offers to such professionals may be listed on Adaptive Telehealth. Adaptive Telehealth does not recommend or endorse any specific Provider, clinician, test, product, procedure, opinion, treatment, advice, or other information that may be mentioned by or discussed with a Provider through Adaptive Telehealth. Deciding to engage with a Provider is Your decision entirely. Reliance on any information provided by the Provider through Adaptive Telehealth is solely at Your own risk. Providers, and not Adaptive Telehealth, are responsible for the information furnished through or posted on Adaptive Telehealth. Adaptive Telehealth does not hold out any Provider listed on Adaptive Telehealth or elsewhere as its employee or agent or servant but in fact expressly denies that any such Provider is its employee or agent or servant.
3. PURPOSE
The purpose of Adaptive Telehealth is to furnish a method for a Provider in appropriate circumstances to provide Patients or Clients with diagnoses or treatments or both. Such clinical use of Adaptive Telehealth may not be lawful in every jurisdiction or in every clinical circumstance. Clinical use of Adaptive Telehealth may not be medically or professionally appropriate or appropriate for health care in many clinical situations. If You decide to become a Patient or a Client, and thus to accept clinical services from a Provider through Adaptive Telehealth, You acknowledge that it is the responsibility of the Provider, and not of Adaptive Telehealth, to determine whether 1) The nature of Your problem is such that it is professionally appropriate to clinically assist You with that problem through Adaptive Telehealth; and 2) It is lawful for the Provider to diagnose or treat You or both through Adaptive Telehealth.
YOUR DECISION TO SEEK DIAGNOSTIC OR THERAPEUTIC SERVICES OR BOTH THROUGH ADAPTIVE TELEHEALTH IS SOLELY YOURS TO MAKE. ADAPTIVE TELEHEALTH IS NOT QUALIFIED TO NOR DOES IT ATTEMPT TO MAKE SUCH DECISIONS FOR YOU OR FOR ANYONE ELSE. ADAPTIVE TELEHEALTH HAS NO PATIENTS OR CLIENTS OF ITS OWN AND PLAYS NO ROLE IN THE MANAGEMENT OF ANY PATIENT OR CLIENT, NOR DOES IT SEEK TO NOR IS IT QUALIFIED TO.
There are two circumstances in which, assuming there is no legal impediment to his or her doing so, and assuming the nature of the Patient’s problem is such that utilizing Adaptive Telehealth is clinically appropriate, a Provider may be able to provide professional medical or psychological or health or healthcare advice, diagnoses, or treatment, including in proper cases prescriptions for medications other than controlled substances, through Adaptive Telehealth.
A. In those cases in which You are already a patient in a Provider’s practice, the Provider may provide diagnoses or treatment or both, and, if lawful, clinically appropriate and within his or her scope of practice, he or she may prescribe medications other than controlled substances. It is the responsibility of Your Provider, and not of Adaptive Telehealth, to ensure that all laws applicable to and all professional codes of ethics pertinent to their service provision and/or prescribing and to controlled substances are complied with.
B. In addition, in certain jurisdictions, if a Provider is licensed to practice medicine or psychology or another form of healthcare in such jurisdiction AND You have Your primary residence in that jurisdiction, AND the Provider agrees to accept You as a patient, You may form an appropriate Provider-patient or Provider-client relationship, and then be diagnosed or treated or both, up to and including, where appropriate, and where within the Provider’s scope of practice, getting prescriptions, other than prescriptions for controlled substances, without having to see the Provider in person. You acknowledge that it is the Provider’s responsibility, and not Adaptive Telehealth’s, to determine whether, under relevant law, the Provider may perform clinical services for Patients through Adaptive Telehealth. In all cases, You acknowledge that it is the duty of the Provider, and not of Adaptive Telehealth, to abide by all laws applicable to telemedical, telehealth, telemental health, or distance care diagnosis, treatment plans and prescriptions, regardless of the terminology used in the law of the relevant jurisdiction(s) to govern services or practices similar to those provided by Providers utilizing a service such as Adaptive Telehealth.
If You decide to become a Patient or a Client of a Provider through Adaptive Telehealth, You represent and warrant that You have a primary care provider, and You understand and agree that Adaptive Telehealth is providing only limited non-emergency services that are not a substitute for, nor intended to substitute for, the advice of Your primary care provider or of other qualified health care professionals. You understand that You should never delay seeking advice from Your primary care provider or other providers because of information provided through Adaptive Telehealth.
USE OF THIS WEBSITESITE IS NOT INTENDED FOR PROVIDING EMERGENCY SERVICES. IF YOU ARE FACING AN EMERGENCY, OR YOU THINK YOU MAY BE FACING AN EMERGENCY, YOU AGREE THAT YOU WILL DIAL 911 OR VISIT YOUR NEAREST EMERGENCY ROOM IMMEDIATELY AND THAT YOU WILL CONTINUE TO CONSULT WITH YOUR PRIMARY CARE PROVIDER AS HE OR SHE RECOMMENDS.
IF YOU THINK THERE IS ANY POSSIBILITY THAT YOU MIGHT HARM YOURSELF OR SOMEONE ELSE, CONTACT 911 IMMEDIATELY. DO NOT USE THIS SERVICE. IF ADAPTIVE TELEHEALTH STAFF COME ACROSS INFORMATION THAT LEADS TO THE REASONABLE CONCLUSION THAT YOU MIGHT HARM YOURSELF OR ANOTHER, THEY ARE AUTHORIZED BUT NOT OBLIGATED TO CONTACT YOUR PROVIDER AND IF THAT PROVIDER IS NOT AVAILABLE TO ATTEMPT TO CONTACT THE AUTHORITIES IN YOUR AREA.
4. COMMUNITY FORUM
Adaptive Telehealth provides a Community Forum where Patients or Clients approved for the purpose by their Provider may elect to discuss clinical subjects. In no such Forum will anyone not under the care of that Forum’s Provider be permitted to participate. To protect privacy, Patients and Clients choosing to communicate through the Community Forum are required to do so under pseudonyms. Their identities will be known to that Forum’s Provider, but to no other participants. As more fully explained in the Community Forum Frequently Asked Questions section of the site, Patients or Clients concerned about a post may flag it for evaluation by their Forum’s Provider, who is authorized to remove it if indicated.
Comments/posts written by Patients or Clients or Providers and posted on the Community Forum do not necessarily reflect the views of Adaptive Telehealth or its affiliates, and Adaptive Telehealth is not responsible for their content. In its sole discretion, Adaptive Telehealth may refuse to post, may remove, or may refuse to remove, any content, in whole or in part, that it deems unacceptable, undesirable, inappropriate, unlawful, or in violation of these Terms. You agree to indemnify, defend and hold harmless Adaptive Telehealth and its affiliates from and against any and all third party claims, costs, damages, losses, liabilities and expenses (including reasonable attorney's fees) resulting from or arising out of a claim that your communication infringes or misappropriates the intellectual property rights, or otherwise violates any other right, of a third party, or a claim resulting from or arising out of your breach or alleged breach of this Agreement.
Adaptive Telehealth responds to notices of alleged copyright infringement and terminates accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act, 112 Stat. 2860 (1998). We provide information to help copyright holders manage their intellectual property online. If you think someone is violating your copyrights and you want to notify us, you can do so by contacting Jay Ostrowksi, Agent, 254 Bay Harbour Road, Mooresville, N.C. 28117. Phone (616)-881-6262; email info@adaptivetelehealth.com.
5. CONSUMER CODE OF CONDUCT
In using Adaptive Telehealth for clinical purposes, You agree to comply at all times with the following Code of Conduct:
- You must use an iPhone/iPad/Android phone/Android tablet/webcam with a high quality Wifi or cellular connection to be diagnosed or treated by a Provider. (A minimum cell network quality of 4G capability is recommended.) You are responsible for ensuring that Your Internet connectivity meets these specifications before using Adaptive Telehealth services.
- If You wish to use Adaptive Telehealth for clinical purposes, You must truthfully identify Yourself and Your location.
- If You wish to use Adaptive Telehealth for clinical purposes, You must truthfully state Your age.
- When You are using Adaptive Telehealth for clinical purposes, You must identify anyone else who may be present in the room where You are located at the time of each consultation.
- You acknowledge that Providers will rely upon Your representations.
- You must recognize that confidentiality can be compromised if it is not carefully handled, and sometimes even when it is, and so You must take reasonable steps to maintain confidentiality with respect to Your communications with Providers.
- You agree to use Adaptive Telehealth for lawful purposes only and You acknowledge that Your failure to do so may subject You to civil or criminal liability or both and to termination of Your privilege to utilize Adaptive Telehealth.
- You understand that You and your Provider, and not Adaptive Telehealth, are responsible for ensuring that Your use of Adaptive Telehealth’s services is in compliance with all applicable laws and regulations in your jurisdiction, including without limitation all copyright and trademark laws.
- You assume all responsibility for any copyright or trademark violations associated with anything you may post on the site.
- Without specific written authorization from Adaptive Telehealth, You agree that when accessing, viewing or communicating through the website, You will not modify, translate, clone, sub-license, or reverse engineer any Site content. You also agree that You will not create derivative works; incorporate any information retrieval systems or mechanisms in any format; alter any proprietary notices; or lease, sublease, sell, market, or remove or alter any content.
- You agree not to interfere with others’ use or enjoyment of the Adaptive Telehealth website by disruptive conduct, including but not limited to, transmission of any virus, worm, Trojan horse, trap door, timer, clock, or other device, design or routine that attempts the unauthorized access to the content of other Consumers or Providers, or that allows others unauthorized views of the website or content therein or that limits the use of the website by anyone outside of the Terms.
- You agree to notify Adaptive Telehealth immediately upon learning of or suspecting any activities inconsistent with the terms of this Agreement.
- You agree that You may receive notifications from the website indicating that a message is waiting for You on another, secured portion of the Site inaccessible to other Consumers. The notification message will not contain any personal identifying Information. You consent to receive these communications from the Site at an email address of your choosing.
6. REGISTRATION
In order to use Adaptive Telehealth, You will be required to register and set up an account with Us. In order to do so, You will be provided, or required to choose, a username, a password, and/or other registration information. You agree and represent that all information provided by You, including without limitation Your age and place of residence, will be accurate and up-to-date. You may not impersonate, imitate, or pretend to be another person when registering and/or setting up an account on Adaptive Telehealth, nor knowingly allow another person to impersonate, imitate, or pretend to be You. If any of the information You provide when You register changes, You must update it with reasonable promptness by using the appropriate update mechanism on Adaptive Telehealth. If because You have posted any inaccurate information or any allegedly inaccurate information any claim, demand, damages, or suit is brought against Adaptive Telehealth or any of its Affiliates, You agree to indemnify them all and to hold them all harmless.
You are solely responsible for maintaining the confidentiality of Your username and password. You may not authorize others to use Your username or password, or transfer or assign Your username or password to anyone else without Our written approval. Any attempt to do so will be null and void, and grounds for Our termination of Your Adaptive Telehealth account. You are also solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your username or password, with or without authorization, or who has access to any mobile or other device on which Your account resides or is accessible. Adaptive Telehealth is not liable for any unauthorized access or use of Your account.
If You have reason to believe that Your account is no longer secure, You must promptly change Your username and password, or immediately close Your account. You must also promptly notify Adaptive Telehealth at Our Contact Us page at www.adaptivetelehealth.com/index.php/prospect/contactus of Your concerns about the security of Your account, of the basis of Your concerns, and of any steps You have taken and/or plan to take to deal with Your concerns.
7. FEES AND PAYMENTS
All financial arrangements will be made between You and Your Provider.
You are solely responsible for any Internet charges, text charges, data charges, charges for anti-virus, anti-malware, computer updates and any other service charges for use on any device including without limitation computer, laptop, cell phones, tablets and iPads.
A. Users in California
In accordance with California state law, Users in California are entitled to the following specific consumer rights information under California Civil Code §1789.3:
- (a) Contact Information: Adaptive Telehealth, 254 Bay Harbour Road, Mooresville, N.C. 28117. Phone (616)-881-6262.
- (b) Pricing Information: Providers pay fees to Adaptive Telehealth. You do not. BHI reserves the right to add, change or remove charges for Services on the website at any time.
- (c) California consumer complaints can be made through the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs, which may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.
8. INTELLECTUAL PROPERTY
All graphics, text, photographs, images, video, audio, and other material supplied by or through Adaptive Telehealth are protected by federal, state, and foreign copyright, trademark, and other intellectual property laws. We and Our licensors grant to You a limited, personal, non-exclusive, revocable right and license to use the foregoing solely as described at www.Adaptivetelehealth.com, as limited by these Terms, provided that You keep intact any and all copyright and other proprietary notices. This license does not permit You any rights outside those expressed in these Terms, nor does it impose any obligations on Adaptive Telehealth apart from those expressly agreed to in these Terms. Failure to abide by these Terms could result in termination of Your ability to use Adaptive Telehealth, in addition to any other remedy available to Adaptive Telehealth at law.
Adaptive Telehealth also contains Webdesign Content protected by federal, state, and foreign copyright, trademark and other intellectual property laws, and is the property of Adaptive Telehealth or of its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by You, directly or indirectly, of any such Webdesign Content is strictly prohibited. Without limiting the foregoing, You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through Adaptive Telehealth without Our prior written consent.
You agree not to attempt to gain unauthorized access to Adaptive Telehealth servers by any means. You agree not to modify, translate, clone, sub-license, or reverse engineer any Site content without specific written authorization from Adaptive Telehealth. You also agree that You will not create derivative works; incorporate any information retrieval systems or mechanisms in any format; alter any proprietary notices; or lease, sublease, sell, market, or remove or alter any content.
You also acknowledge that we have not reviewed and do not endorse the content or privacy practices of any websites or services (including applications) linked to from Adaptive Telehealth, all of which could change at any time without notice to Us. We are not responsible for the content or actions of any other websites, services, or applications linked to from Adaptive Telehealth. Your linking to any service or site is at Your sole risk.
With the exception of posts to the Community Forum, any content You add to the website, including biometric data, becomes the property of Adaptive Telehealth and Consumers assign all rights and privileges to Adaptive Telehealth without any obligation or restriction. To provide technical support and to ensure compliance with this Agreement, Adaptive Telehealth reserves the right to view all Consumer and Provider content.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Adaptive Telehealth and its Affiliates, and each of their respective officers, directors, members, employees, agents, representatives, and each Provider with whom You may have contact through Adaptive Telehealth, and each Provider’s respective agents, employees, successors, and assigns from and against any and all suits, claims and liabilities (including reasonable attorney’s fees) that may arise from Your submissions, from Your unauthorized use of material obtained through Adaptive Telehealth, from Your breach of these Terms, or for any other acts or omissions related to Your use of Adaptive Telehealth.
10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING ADAPTIVE TELEHEALTH AT YOUR OWN RISK. ADAPTIVE TELEHEALTH IS PROVIDED TO YOU “AS IS” AND WE, OUR AFFILIATES, YOUR PROVIDERS, AND EACH PROVIDER’S RESPECTIVE AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED HEREIN OR PROVIDED BY ADAPTIVE TELEHEALTH OR THE PROVIDER. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO ADAPTIVE TELEHEALTH WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, TIMERS, CLOCKS, OR OTHER MALWARE WILL BE TRANSMITTED ON OR THROUGH ADAPTIVE TELEHEALTH. ACCORDINGLY, ADAPTIVE TELEHEALTH ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF ADAPTIVE TELEHEALTH.
NEITHER ADAPTIVE TELEHEALTH, OUR AFFILIATES, YOUR PROVIDERS, NOR EACH PROVIDER’S RESPECTIVE AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES SUSTAINED OR ALLEGEDLY SUSTAINED ARISING OUT OF THESE TERMS, THE PROVIDING OF ADAPTIVE TELEHEALTH SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY SERVICES, YOUR ACCESS TO OR INABILITY TO ACCESS ADAPTIVE TELEHEALTH, INCLUDING FROM VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, TIMERS, CLOCKS, OR OTHER MALWARE ALLEGED TO HAVE BEEN OBTAINED FROM ADAPTIVE TELEHEALTH, YOUR USE OF OR RELIANCE ON ADAPTIVE TELEHEALTH OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON ADAPTIVE TELEHEALTH, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY AGREE TO RELEASE ADAPTIVE TELEHEALTH, ITS AFFILIATES, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM SUITS, CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR MISUSE OF ADAPTIVE TELEHEALTH.
Where the exclusion of certain warranties, and/or limitations on liability for damage or loss are not permitted, Adaptive Telehealth’s liability will be limited to the maximum permitted by applicable law.
11. JURISDICTION
You agree that, for all purposes, these Terms, shall be governed and construed in accordance with the laws of the State of North Carolina in the United States.
12. PRIVACY AND SECURITY
Adaptive Telehealth may use or disclose Your PHI to the limited extent described in our Notice of Privacy Practices.
A. Adaptive Telehealth and Children.
Adaptive Telehealth may be used in the care of children, subject to these restrictions:
Children under age 13: If You wish to allow a Provider to diagnose or treat a child under 13, or both, You must, at the time and for the duration of Your communication with the Provider, be physically present with the child. Under such circumstances, You must identify Yourself as the child’s parent or guardian. You must decide whether, on Your child’s behalf, to grant informed consent to the Provider’s services.
Children 13 to 18: If You wish to allow a Provider to diagnose or treat a child aged 13 to 18, or both, except where under applicable law parental consent is not required, You must, at the time and for the duration of Your communication with the Provider, be physically present with the child. You must identify Yourself as the child’s parent or guardian. You must decide whether, on Your child’s behalf, to grant informed consent to the Provider’s care and treatment.
In certain circumstances determined by law in certain jurisdictions, a child under 18 is himself or herself deemed capable of granting informed consent, independent of a parent or guardian. The Provider is solely responsible for determining whether those circumstances apply to the case of any given child under 18. Where they do, Your consent is not required, nor is Your presence, during the communication between the child and the Provider. In fact, the child may be able to lawfully exclude you from the room where he or she is located at the time of the consult and may be able to forbid the Provider to disclose to You any information concerning care to which these exceptions apply.
B. INFORMATION SECURITY AND NOTIFICATION
Because no data transmission is completely secure, we cannot guarantee the security of the information You send to Us or the security of Our servers or databases, and by using Adaptive Telehealth You agree to assume all risk in connection with the information sent to Us or collected by Us when You use Adaptive Telehealth. In the unlikely event that We believe that the security of Your information in Our possession or control may have been compromised, We may seek to notify You through Adaptive Telehealth or otherwise via Your mobile or other device.
13. GENERAL
A. No Export: Neither Party shall export, directly or indirectly, any technical data acquired from the other pursuant to these Terms or any product utilizing any such data to any country for which the U.S. Government or any agency thereof at the time of export requires an export license or other government approval without first obtaining such license or approval.
B. Syntax: As used in these Terms, the masculine shall include the feminine and the neuter; the feminine shall include the masculine and the neuter; the neuter shall include the masculine and the feminine. The singular shall include the plural and vice-versa.
C. Assignment. You may not assign or transfer any rights or obligations under these Terms without Our prior written authorization. At Our discretion, We may assign these rights and obligations under this agreement in whole or in part to a third party at any time without Your consent or notice.
D. Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your access to and use of the website must be initiated and filed by You within one (1) year after such claim or cause of action arose, or be forever barred.
E. Arbitration. All claims and disputes with Adaptive Telehealth arising under or relating to these Terms are to be settled by binding arbitration in the state of North Carolina in the United States. The arbitration shall be conducted on a confidential basis and pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award resulting from any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by a single, English-speaking arbitrator experienced in North Carolina law, and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
F. Severability. If any term or other provision of these Terms is determined to be invalid, unlawful or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of these Terms shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any Party.
G. Waiver. The waiver by Adaptive Telehealth of Your breach of any provision of these Terms shall not operate or be construed as a waiver of any other or subsequent breach by You.
H. Force majeure: A Party shall not be liable for any failure of or delay in the performance of the requirements of these Terms for the period that such failure or delay is caused by factors beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
I. Headings: Headings in these Terms are for the convenience of the reader, and of themselves are of no significance and unenforceable.
J. Confidentiality: Neither Party shall use, or disclose to any person, either during the term or after the termination of these Terms, any source or object codes, technical data, correspondence or any other information or materials owned or provided by the other Party or its Affiliates, or its clients or contractors hereunder (collectively, “Confidential Information”), or disclose any information concerning the contents of these Terms, except for purposes consistent with the administration and performance of a Party’s obligations hereunder or as required by law.
K. Complete Agreement: With respect to the Adaptive Telehealth application, these Terms, constitute the entire agreement between You and Adaptive Telehealth, and supersedes all prior or contemporaneous written or oral agreements. These terms may be changed only by mutual agreement, in writing, of the authorized representatives of Yourself and Adaptive Telehealth.
L . Contact Information
For questions pertaining to this agreement that contain no personal identifying health information, send an email to agreements@adaptivetelehealth.com.
IMPORTANT INFORMATION- PLEASE READ CAREFULLY
The herein contained License Agreement (License” or “EULA”) shall be a legally binding agreement between You (as an individual or an entity, who then shall, within the constraints of this agreement, be referred to as “You” or “Your”) and Accelerate Technology, LLC (DBA Clinical Assessment Grids, LLC) for the use of the specified software application of Clinical Assessment Grids, which may include related printed material, media and any other components and/or software modules, including but not limited to required drivers (“Product”). Other aspects of the Product may also include, but are not limited to, software updates and any upgrades necessary that Accelerate Technology, PLLC (DBA Clinical Assessment Grids, LLC) may supply to Your or make available to You or that You could obtain after the initial copy of the Product, and as such that said items are not accompanied by a separate license agreement or terms of use.
Name of Product: Clinical Assessment Grids
Description: DSM-5 classification and diagnostic criteria presented on grids that allow clinicians to check boxes and type in texts to make accurate diagnoses efficiently.
Medium Format: Electronic
Intended Users (type): Mental health clinicians
Type of Access and Access Restrictions: Password protected and only accessed via paid licensing subscription.
BY WAY OF THE INSTALLATION, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USE OF THIS PRODUCT, YOU ARE AGREEING TO BE LEGALLY BOUND BY THE HEREIN CONTAINED TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA, YOU THEN HAVE NO RIGHTS TO THE PRODUCT AND SHOULD THEREFORE NOT INSTALL, COPY, DOWNLOAD, ACCESS NOR USE THE PRODUCT.
This product is hereby protected by copyright laws, as well as any other intellectual property laws, this Product is licensed and not sold.
LICENSE GRANT-
Principal Requirements of User Agreements
To be in compliance with the Electronic Product License Agreement (“EPLA”), each User Agreement entered into by Accelerate Technology, LLC (DBA Clinical Assessment Grids, LLC) or any of your distributors must contain the following elements in a form appropriate to the laws in the jurisdiction in which the Product is to be used. Other provisions may be added so long as they do not conflict with your license with American Psychiatric Association (APA), and as long as they do not expose APA to any liability or jeopardize any of APA’s rights, including copyright or trademark rights. The End User Agreement must:
State that the User Agreement is nontransferable, nonexclusive, and for the sole purpose of internal use by the licensee in the territory (worldwide) and language (English) as designated in the EPLA.
Prohibit any use of any portions of the DSM-5 other than those expressly allowed under the EPLA.
Prohibit distribution, publishing, translating, or transferring possession of the Product.
Prohibit creation of derivative works based on the DSM-5, or selling, leasing, or licensing it or otherwise making it available to a non-authorized party. Require that the User obligate anyone authorized to use the PRODUCT to comply with the provisions of the User Agreement.
State that the End User may only make copies of the WORK as required by use of the PRODUCT, specifically, by executing the PRODUCT or making one back-up copy for archival purposes.
State that the copyright in DSM-5 is owned by APA and that all notices of proprietary rights, including trademark and copyright notices must appear on all back-up or archival copies made by the User.
Limit, to the extent possible under the applicable laws, warranties and liability for the PRODUCT, stating that the PRODUCT is provided “as is” without any liability to you or to APA, including without limitation, no liability for consequential or special damages or lost profits for accuracy or completeness of data, and no warranty that it will meet the end user’s requirements, and that your sole responsibility is to use reasonable efforts for you to correct defects or replace the PRODUCT. APA disclaims any liability for any consequences due to use, misuse, or interpretation of information contained or not contained in the DSM-5.
Paragraphs 12 (Disclaimer of Warranties) and 13 (Disclaimer of Medical Liability) of the EPLA must be included in their entirety in any User Agreement.
Provide for termination in the event of default under the User Agreement or this Agreement.
State that in the event that a provision is determined to violate any law or is unenforceable the remainder of the User Agreement shall remain in full force and effect.
“USER” is defined as a named individual who (a) accesses, uses, or manipulates DSM-5 contained in the PRODUCT; (b) accesses, uses, or manipulates the PRODUCT to produce or enable an output (data, reports, or the like) that could not have been created without DSM-5 embedded in the PRODUCT even though DSM-5 may not be visible or directly accessible; or (c) makes use of an output of the PRODUCT that relies on or could not have been created without DSM-5 embedded in the PRODUCT even though DSM-5 may not be visible or directly accessible. Accelerate Technology, LLC (DBA Clinical Assessment Grids, LLC) has created and developed the grids with licensing permission from the American Psychiatric Association and thus end users must agree to the terms of use.
TERMINATION
Should you breach this EULA at any time, your right to the use of the Product will then immediately terminate and shall terminate without any notice being given. However, all provision of this EULA with the exception of the License Grant, will remain in effect and thus shall survive termination. Upon termination of the License Grant, You MUST destroy any and all copies of the product.
COPYRIGHT
The aforementioned product is protected by copyright and other intellectual property laws and treaties and as such all rights, title, and interest in and to the content offered including but not limited to, any photographs, images, video animation, text, and music that may be incorporated as part of the offered content. Such offered content must be treated as any other copyrighted material, with the exception that it is allowable for you to make copies as provided by the License. However, printed material, which may accompany any offered content, may not be copied.
In all instances where any portion of the WORK or DSM-5 appears, the source and copyright status of the material must appear where the text appears and in all marketing materials. The following notice shall be used:
*Reprinted with permission from the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition. TM Copyright ©2013 American Psychiatric Association. All Rights Reserved.
Unless authorized in writing by the APA, no part may be reproduced or used in a manner inconsistent with the APA’s copyright. This prohibition applies to unauthorized uses or reproductions in any form.
The American Psychiatric Association is not affiliated with and is not endorsing this product.
To the extent that such notice or any other copyright management information is embedded in the electronic product, LICENSEE agrees that it will not alter it or delete it. LICENSEE further agrees to require all USERS of its PRODUCT to maintain such copyright management information in its original form as provided by LICENSOR.
Trademark. LICENSEE acknowledges that DSM and DSM-5 are registered trademarks of the American Psychiatric Association and may not be used commercially without prior approval. LICENSOR grants to LICENSEE permission to use the DSM and DSM-5 trademarks on a non-exclusive basis, as part of the PRODUCT, only with proper notice and only as necessary to accomplish LICENSEE’s purpose. The following notice shall be used:
*DSM and DSM-5 are registered trademarks of the American Psychiatric Association, and are used with permission herein. Use of these terms is prohibited without permission of the American Psychiatric Association. Use of this trademark does not constitute endorsement of this product by the American Psychiatric Association.
RESTRICTIONS ON USE
As a Licensee. You may nott
(a) Make use of the offered content on more than one computer at a time, without prior purchase of additional licenses;
(b) You may not share, distribute, lend, lease, sublicense or otherwise make available, in any manner whatsoever, to any third part that offered content:
(c) Modify, adapt, create derivative works from or translate any part of the offered content other than what may be used within Your work in accordance with this
License;
(d) Reverse engineer, decompile or disassemble the offered content, nor attempt to locate or obtain its source code;
(e) Attempt to alter or remove any trademark, copyright or other proprietary notice contained within the offered content; or
(f) Make use of any offered content in any manner not stipulated within the EULA or the documentation accompanying the offered content.
UPDATES
Accelerate Technology, LLC may find the need from time to time to make available to all license holders updates for the offered content, in accordance with the herein contained terms and conditions of this EULA. It shall be at the sole discretion of Accelerate Technology, LLC to make conditional releases of said upgrade to you upon your acceptance of another EULA or execution of another separate agreement. Should you elect to install and make use of these updates, you are therefore agreeing to be subject to all applicable license, terms and conditions of this EULA and/or any other agreement.
DISCLAIMER OF WARRANTIES
With regard and with relationship in the maximum extent permitted by applicable law, Accelerate Technology, LLC, and if applicable, related suppliers, shall provide the Product and any support services, if needed, related to the Product, and hereunto disclaim all warranties and conditions, either express, implied or statutory, which may include, but are not limited to, any implied warranties or conditions of merchantability, of suitability for a specified purpose, that it contains absolute accuracy or completeness of responses, of results, and of any lack of negligence of lack of workman like effort, all with respect to the Product, and the provision of or failure to provide Support Services. FURTHERMORE, THERE IS NOT WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT WITH REGARDS TO THE HEREIN CONTAINED PRODUCT. THE ENTIRE RISK, AS TO THE QUALITY OF OR PERFORMANCE OF THE PRODUCT AND SUPPORT SERVICES, IF ANY, REST WITH YOU.
LICENSOR EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES (INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN RELATION TO LICENSEE’S USE OF THE WORK IN ITS PRODUCT.
LICENSOR WILL NOT BE LIABLE TO LICENSEE, OR ANY THIRD PARTY FOR LOSS OF PROFITS, LOSS OF USE OR FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, EVEN IF IT IS AWARE OF THE POSSIBILITY THEREOF. LICENSEE AGREES THAT THE ENTIRE LIABILITY OF LICENSOR WILL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE FEE PAID FOR THE LICENSE.
DISCLAIMER OF MEDICAL LIABILITY. DSM-5 is not a substitute for, is not designed to, and does not provide, medical advice. It is a guide for clinicians. Every clinician should use his or her own medical judgment and skill in diagnosing mental illness. LICENSOR shall not be liable to LICENSEE or any third party if readers of DSM-5 disregard professional medical advice, or delay in seeking such advice, because of something they have read in the DSM-5. LICENSOR shall not be liable to LICENSEE or any third party if readers rely solely on information in DSM-5 in making diagnosis, or in place of seeking professional medical advice. RELIANCE ON ANY INFORMATION CONTAINED IN DSM-5 IS SOLELY AT THE READER’S OR USER’S OWN RISK.
Moreover, LICENSOR is not responsible or liable to LICENSEE or any third party for any advice, course of treatment or diagnosis provided by a physician or other health care professional. LICENSOR neither recommends nor endorses any specific tests, products, procedures, opinions or other information that may be recommended to a reader or user by a health care professional.
LIMITATION OF LIABILITY AND REMEDIES
In spite if any damages that you may or may not incur for any reason, which may include, but are not limited to, any and all direct or general damages, the entire liability of Accelerate Technology, LLC and/or any of the aforementioned suppliers covered under the herein contained provisions of this EULA, along with Your exclusive remedy with regards to all of the foregoing, shall hereby be limited to the amount actually paid by you for this Product. Therefore, the aforementioned limitations, exclusions and any disclaimers shall apply to the maximum extent allowable by law, even should any proposed remedy fails its essential purpose.
EXPORT CONTROLS
By clicking on the install button, you hereby agree that you will comply with any and all applicable export laws, restrictions and all regulations of the U.S. Department of Commerce, U.S. Department of Treasury, and any other U.S. or foreign agency or authority with regards to the provision of the EULA. You expressly agree not to export or re-export, nor allow the export or re-export of the offered content in violation of any such law, restriction or regulation, including without limitation, export or re-export to any country subject to any and all applicable U.S. trade embargoes or to any prohibited destination, in any group specified in the current “Supplement No. 1 to Part 738 of the U.S. Export Administration Regulations (or any successor supplement or regulations).”
U.S. GOVERNMENT END USERS
The offered content is licensed by the U.S. Government with RESTRICTED RIGHTS. The use, duplication of, or the disclosure by the U.S. Government, shall be subject to restrictions in accordance with DFAR 252.227-7013 of the Technical Data and Computer Software clause, and 48 DCR 52.227-19 of the Commercial Computer Software clause, as applicable.
MISCELLANEOUS
The EULA, in its entirety, shall be legally binding upon and inure to the benefit of Accelerate Technology, LLC and you, our respective successors and permitted assigns. Should any of this provision be deemed invalid, or unenforceable, such determination will not affect the validity or enforceability of any other provision contained herein. If there is any waiver of any breach or failure to enforce any of the provisions contained herein, it shall not be deemed as a future waiver of said terms or a waiver of any other provision if this EULA. Any waiver, supplementation, modification or amendment to any provision of this EULA, shall be effective when done so in writing and signed off by Accelerate Technology, LLC and you. This EULA shall be governed solely by the laws of the State of North Carolina and of the United States. Should any action arise out of or in relations to the EULA, such action may be brought exclusively in the appropriate federal or state court in Statesville, North Carolina, and as such, you and Accelerate Technology, LLC irrevocably consent to the jurisdiction of said court and venue for Statesville, North Carolina.
ACCELERATE TECHNOLOGY, LLC (DBA CLINICAL ASSESSMENT GRIDS, LLC)
CONTACT INFORMATION
Maria “Acel” Carlin
Accelerate Technology, LLC (DBA Clinical Assessment Grids, LLC)
129 Planters Drive, Statesville, NC 28677
704-883-6615
Acceltech01@gmail.com
