Registration: Agreements

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Terms of Use

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. Adaptive Telehealth is (“ATH”), is a software company.

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

Website: www.clinicalassessmentgrids.com

Notice of Privacy Policies

Adaptive Telehealth is a HIPAA-compliant platform that connects clients and patients with affiliated mental health professionals ("Providers") to obtain medical care, online counseling and therapy services. "Providers" includes employees, agents, or independent contractors of Treatment Providers. "Adaptive Telehealth" or the terms "we" or "us" or similar terms refer to Adaptive Telehealth, Inc. "You" or "your" or similar terms refer to you as a user of our Services (defined below).

THIS PRIVACY POLICY IS BOTH AN AGREEMENT HEREBY ENTERED INTO BY YOU AND ADAPTIVE TELEHEALTH, AND THE POLICY OF ADAPTIVE TELEHEALTH IN MAKING THE SERVICES AVAILABLE TO YOU.

1. Our Promise to You.
We know you are entrusting us with some of your most personal and valuable information, including your personal health information. Your trust is built, in part, on our commitment to respect the privacy and confidentiality of your health information. We are committed to safeguarding and protecting your personal information, including health information.

We are providing this Privacy Policy to inform you of our policies and procedures regarding the collection, use, and disclosure of the information that we collect and receive from users of our e-health platform at and through our website, www.adaptivetelehealth.com (the "Site").

The platform includes, without limitation, the following services (collectively, the "Services"):
(a) the facilitation of electronic or telephonic communications with Treatment Providers,
(b) the provision of appointment scheduling and reminders, claims submission and processing, and other services related to online counseling and therapy for both our registered users and Treatment Providers, and
(c) the provision of other information about Adaptive Telehealth and our products and services through the Site.

This Privacy Policy applies only to information that you provide to us through the Services. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service https://www.adaptivetelehealth.com/index.php/terms/ (the "Terms").

By accepting our Privacy Policy during registration, or by visiting the Site and/or using the Services, you expressly consent to our collection, use, and disclosure of your Personal Information (as defined below) in accordance with this Privacy Policy.

As used in this Privacy Policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis, and using or handling information in any way, including, without limitation, collecting, storing, evaluating, modifying, deleting, using, combining, disclosing, and transferring information within our organization or among our affiliates or with Providers within the United States or internationally.

2. Collection and Use of Information . In General.
When using our Services, we will ask you for certain personally identifiable information. This refers to information about you that can be used to contact or identify you, and information on your use or potential use of the Services and related services (collectively, "Personal Information"). Personal Information that we might collect would include things like your name, phone number, gender, occupation, hometown, personal interests, credit card or other billing information, your email address and the email address of your contacts, home and business postal addresses, website URLs, insurance data (such as your insurance carrier and insurance plan), certain health information (such as health care providers you have seen, your reason for scheduling an appointment with a Treatment Provider, and your medical history), and any other information or data that you provide when using the Services. We also collect information you provide voluntarily in free-form text boxes on the Site and through responses to surveys, questionnaires and the like. If you communicate with us by, for example, email, facsimile or letter, any information provided in such communication may be collected as Personal Information.

The main reason we collect Personal Information from you is to provide you a safe, smooth, efficient, and customized user experience. The collection of Personal Information also enables our users to establish a user account and profile that can be used to interact with Treatment Providers and other users through the Site. We only collect Personal Information we consider important to achieve that goal. You always have the option not to provide some, or any, Personal Information by either choosing not to become a registered user of the Services, or else by skipping the particular feature of the Services for which the Personal Information is being collected. You can use some of the Services anonymously, but once you become a registered user of the Services, we will ask you to provide Personal Information, such as:

• Contact and identity information (e.g., mailing address and phone number)

• Insurance and other billing information (e.g., credit card number)

• Health information (e.g., date of birth, past health history, allergies)

• Other personal information as indicated (our forms indicate what information is required, and what information is optional)

You are under no obligation to provide us with this Personal Information, but it may be condition of use in accordance with the Terms of Use for the Site. We use your Personal Information to provide the Services and administer your inquiries. You may change some of the information that you provide. Please see "Changing or Deleting Your Information" below for further information.

3. How We Use Your Non-Medical Personal Information.
Some of the Personal Information we collect from you is unrelated to your receipt of counseling and therapy services through the Services. Examples of how we may use your Personal Information include, but are not limited to, the following:

• Enable you to easily navigate the Services

• Resolve service and billing problems via telephone or email

• Troubleshoot technical problems

• Bill any amounts due from you

• Better understand users' needs and interests

• Personalize your experience

• Detect and protect us against error, fraud, and other criminal activity

• Enforce our Terms

• Provide you with system or administrative messages, and as otherwise described to you at the time of collection

• Provide you with further information and offers from us that we believe you may find useful or interesting

If you decide at any time that you no longer wish to receive certain communications from us, please follow the unsubscribe instructions provided in any of the communications or select the appropriate option in your user profile. (See "Changing or Deleting Your Information," below.) You cannot elect to unsubscribe some administrative communications, such as notification of new messages from your Treatment Providers. To stop receiving these communications, you will need to deactivate your account.

4. How We Use Your Medical Personal Information (PHI).
We are dedicated to maintaining the privacy and integrity of your protected health information ("PHI"). PHI is information about you that may be used to identify you (such as your name, social security number, or address), and that relates to (a) your past, present, or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present, or future payment for the provision of health care. In providing the Services, we will receive and create records containing your PHI, and may use it to assist you in scheduling appointments, remind you of upcoming or follow-up appointments, inform you of canceled appointments, allow Treatment Providers to make appointments with other Treatment Providers on your behalf through the Services, bill amounts due for health care services provided by a Treatment Provider under the Services or the Site, develop and conduct surveys with you to assist in providing you better Services, conduct our management and administrative activities, and otherwise as stated in this Privacy Policy. We may also use your de-identified PHI to run (or authorize third parties to run) statistical research on individual or aggregate health or medical trends. Such research would only use your PHI in an anonymous manner that cannot be tied directly back to you. We are required by law to maintain the privacy and confidentiality of your PHI, and we operate the Services consistent with applicable federal and state laws governing health information privacy and security.

This Privacy Policy describes how we protect your privacy as a general user of the Services, not as a patient receiving mental health advice or consultation through the Services from a Treatment Provider. If you are a patient receiving mental health advice or consultations through the Services from a Treatment Provider, you have other rights with respect to the access, use, and disclosure of PHI. For a more complete description of a patient's rights under HIPAA, please refer to your Provider's Notice of Privacy Practices, which provides important information to you about how your PHI may be used and disclosed.

5. Log Data.
When you visit the Services, our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, or the webpage you were visiting before you came to our Services, pages of our website and Services that you visit, the time spent on those pages, information you search for on our Services, access times and dates, and other statistics. We use this information to monitor and analyze use of the Services and for the Services' technical administration, to increase our Services' functionality and user-friendliness, and to better tailor it to our visitors. needs. For example, some of this information is collected so that when you visit the Services again, it will recognize you and provide information appropriate to your interests. We also use this information to verify that visitors to the Services meet the criteria required to process their requests.

Generally, our service automatically collects usage information, such as the numbers and frequency of visitors to our site and its components, similar to TV ratings that indicate how many people watched a particular show. ATH only uses these data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. These type of aggregate data enable us to figure out how often users use parts of the Site or the Services so that we can improve the Services.

6. Cookies.
We also use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes. First, we may utilize persistent cookies to save your user credentials for future logins to the Services. Second, we may utilize session ID cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by users of the Services and web traffic routing on the Services. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Services and then close your browser. We may work with third parties that place or read cookies on your browser to improve your user experience.

You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions or all functionality of the Services.

7. Web Beacons.
We may also occasionally use "web beacons" (also known as "clear gifs," "web bugs," "1-pixel gifs," etc.) that allow us to collect non-personal information about your response to our email communications, and for other purposes. Web beacons are tiny images, placed on a Web page or e-mail, that can tell us if you have visited a particular area of the Services. For example, if you have given us permission to send you emails, we may send you an email urging you to use a certain feature of the Services. If you do respond to that email and use that feature, the web beacon will tell us that our email communication with you has been successful. We do not collect any PHI with a web beacon, and do not link web beacons with any PHI you have given us.

Because Web beacons are used in conjunction with persistent cookies (described above), if you set your browser to decline or deactivate cookies, Web beacons cannot function.

8. Emails.
You will not receive email from Adaptive Telehealth that contains your Private Health Information, unless you provide prior authorization or you email us directly. In order to maintain the privacy and security of your Person Health Information, you will only receive secure notifications of new messages on the platform that require you to log in to Adaptive Telehealth’s secure site to read message content.

We may use a third-party vendor to help us manage some of our email communications with you but they would never contain PHI. While we may supply this vendor with email addresses of those we wish them to contact, your email address is never used for any purpose other than to communicate with you on our or your Provider's behalf. When you click on a link in an email, you may temporarily be redirected through one of the vendor.s servers (although this process will be invisible to you) which will register that you have clicked on that link, and have visited our Services. We also often receive a confirmation when you open an email from Adaptive Telehealth if your computer supports this type of program. Adaptive Telehealth uses this confirmation to help us make emails more useful to you.

You should consider that standard email is not a secure means of communication. There is some risk that any PHI contained in email may be disclosed to, or intercepted, printed, or stored by, unauthorized third parties. Adaptive Telehealth cannot ensure the security or confidentiality of messages sent by email.

9. Messages and Transactions.
Comments or questions sent to us using email or secure messaging forms will be shared with our staff who are most able to address your concerns. We will archive your messages once we have made our best effort to provide you with a complete and satisfactory response. However, these communications will not become part of your medical record (or other appropriate treatment record) unless and until you use the Services to obtain mental health advice or a consultation from a Treatment Provider.

When you use a service on the secure section of the Services to interact directly with Providers, some information you provide may be documented in your medical record or other appropriate treatment record, and available for use to guide your treatment as a patient.

10. Information Sharing and Disclosure
We will not rent, sell, or share Personal Information about you with other people or nonaffiliated companies except to provide the Services, when we otherwise have your permission, or under the following circumstances:

• Providers. When you use the Site to access mental health services, you will be sharing your Personal Information with a Provider via the Services. By using the Services, you expressly consent to sharing your Personal Health Information with your Provider, and you understand that all information shared with your Provider is subject to your Provider.s professional and legal duties of confidentiality and responsibility, which Adaptive Telehealth does not control. To increase coordination of care and reduce overhead for you, you authorize the sharing of this information with other Providers who you elect to contact or request us to contact.

• Group Sessions. If you enter a group session, any information you provide during the session, which could include posts, video, and audio, will be shared with the other group participants.

• User Profiles. User profile information, including your name, location, and other information you enter in your profile, may be displayed to your Providers to facilitate user interaction with the Site.

• Communications in Response to User Submissions. As part of the Site and the Services, you may receive from Adaptive Telehealth and other users email and other communications relating to your requests, medical care, mental health services, and other transactions. When you transmit information relating to your medical or mental health services needs, Adaptive Telehealth and the Providers you select may send you emails and other communications that they determine in their sole discretion relate to your services needs.

• Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose non-identifying Information and Log Data with third parties for industry analysis, demographic profiling, and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

• Service Providers. We may employ third-party companies and individuals to process your payments, facilitate our Services, to provide the Services on our behalf, to perform Services-related services (including, without limitation, maintenance services, database management, web analytics and improvement of the Services' features), or to assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

• Compliance with Laws and Law Enforcement. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Adaptive Telehealth or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity. This includes, without limitation, exchanging information with Providers and law enforcement in response to a Providers' professional and legal responsibilities.

• Business Transfers. We may sell, transfer or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets, or in the event of bankruptcy.


11. Changing or Deleting Your Information.
You may review, update, correct or delete some portions of your Personal Information in your registration profile by making the appropriate modifications in your user account settings or by contacting us at privacy@BehavioralHealthInnovation.com Some Personal Information, such as your answers to online assessments, may not be updateable or deleted once submitted. If you delete certain information required to receive Services, such as a credit card on file, then you may no longer be able to receive Services and your account may be deactivated. If you would like us to remove your records from our system, please contact us and we will attempt to accommodate your request if we do not have any legal obligation to retain the records.

Please note that we may need to retain certain information for record keeping purposes, and there may also be residual information that will remain within our databases and other records, which, irrespective of any efforts by us to delete information, will not be removed from them. We also reserve the right, from time to time, to re-contact former users of the Site. Finally, we are not responsible for removing information from the databases of third parties with whom we have already shared Personal Information about you.

12. Security.
We employ administrative, physical, and technical measures designed to safeguard and protect information under our control from unauthorized access, use, and disclosure. Except for appointment reminders, treatment referrals and prescription information, these measures include encrypting your communications by utilizing Secure Sockets Layer ("SSL") software, and using a secured messaging service when we send your Personal Information electronically. In addition, when we collect, maintain, access, use, or disclose your Personal Information, we will do so using systems and processes consistent with information privacy and security requirements under applicable federal and state laws, including, without limitation, HIPAA. All electronic PHI will be encrypted when we store it or transmit it, and we will use secure servers that we will back up regularly, encrypting backed up data in transit and at rest.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your Personal Information, including, without limitation, breaches of your unencrypted electronically stored "personal information" (including but not limited to PHI or "medical information" (as defined in applicable state statutes on security breach notification)). To the extent permitted by applicable laws, we will make such disclosures to you via email or conspicuous posting on the Services in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Despite these measures, the confidentiality of any communication or material transmitted to or from us via the Services by Internet or email, or any electronic storage system, cannot be guaranteed. As a result, although we strive to protect your Personal Information, we cannot ensure or warrant the security of any information you transmit to us through or in connection with the Site or that is stored by us. You acknowledge and agree that any information you transmit through the Site or upload for storage in connection with the Site is so transmitted or stored at your own risk. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any Account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below (note that if you choose to notify us via physical mail, this will delay the time it takes for us to respond to the problem). In addition, if you have privacy or data security related questions, please feel free to contact the office identified at the end of this document.

13. Our Employees.
Every one of our employees, whose job might allow them to come into contact with your Personal Information has completed HIPAA training and job-specific training on how to protect and respect your Personal Information, including your PHI. We have clear policies in place in the event of a privacy or security concern regarding your Personal Information, so we can react quickly and resolve the issue appropriately. We will limit access to your Personal Information to personnel who have a need to know it for purposes of delivering our Services. All of our personnel must comply with our restrictions on access, use, and disclosure of PHI or face disciplinary action, up to and including termination.

14. International Transfer.
Your information may be transferred to . and maintained on . computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, we may transfer your Personal Information to the United States and process it there. Your submission of such information represents your agreement to that transfer.

15. Links to Other Sites.
We may offer you the opportunity to access third-party content, services, or products by linking to a third party.s website. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we may link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization, or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third-party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other services follow different rules regarding the use or disclosure of the Personal Information you submit to them. Our Privacy Policy only applies to the Services and we are not responsible for the privacy practices or the content of other websites. You should check the privacy policies of those sites before providing your Personal Information to them.

16. Children.
The Services are not directed to children. We do not knowingly allow or solicit anyone under the age of 13 to participate independently in any of the Services. We do not knowingly collect personally identifiable information from children, except in the context of a Treatment Provider.s mental health consultation through the Services when a parent is present and has consented to treatment. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, please contact us at Privacy@BehavioralHealthInnovation.com. Access to the Services for dependents (children over the age of 3 or a spouse or domestic partner) is only permitted through the primary account holder's username and password. Minors are not allowed to use the Services without parental consent and assistance. If we become aware that a user of the Services is under the age of 13 and has provided us with Personal Information without verifiable parental consent, we may delete such information from our files and may deactivate the related account.

17. Agreement and Changes.
By using the Services, you agree to the current Privacy Policy and our Terms, into which this Privacy Policy is incorporated. We reserve the right, in our sole discretion, to modify, discontinue, or terminate the Services or to modify this Privacy Policy at any time. If we modify this Privacy Policy, we will notify you of such changes by posting them on the Services or providing you with notice of the modification. We will also indicate when such terms are effective below. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, your only recourse is to cease using the Services.

18. Contacting Us.
We encourage you to contact us at Privacy@BehavioralHealthInnovation.com if you have any questions concerning our Privacy Policy or if you have any questions or concerns about our access, use, or disclosure of your Personal Information. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information, PHI, or other sensitive information in your email correspondence with us. If you would like to contact us via physical mail, our mailing address is: administration@adaptivetelehealth.com Attention: Security Officer.

Last Revised: July 19, 2014

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