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Effective 07/09/2016 Welcome! Thank you for using our service. Please read the following agreement carefully.
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.
“Affiliate” means all agents, servants, employees, parents, subsidiaries, siblings, successors, heirs, or assigns of Adaptive Telehealth or of Behavioral Health Innovations, Inc., 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 or Behavioral Health Innovations, Inc.
“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.
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.
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 email@example.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:
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:
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.
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.
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.
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 firstname.lastname@example.org. Mail contact can be made through this address: 254 Bay Harbour Road, Mooresville, N.C. 28117.