The terms and conditions (“Terms of Use”) set forth below govern your access and use of the PsychOnline platform. These Terms of Use govern your access to and use of the website (“Site”), our services (“Services”), and constitute a binding legal agreement (“Agreement”) between you, as a user (“User”) of the Services, and PsychOnline and any of its subsidiaries or partners. These Terms of Use, including any and all Privacy Policies, govern your use of the Services, both as a non-registered User and as a registered User.

Please read the following terms of use carefully before use of this site.

Your use of this site is conditioned upon your acceptance of these terms of use. by using or otherwise accessing the site and/or services, and/or registering with our site, you agree to these terms. if you do not agree to these terms and conditions, you are not authorized to access or use this website. your use of the site and/or the services constitutes and verifies your agreement to these terms and conditions.

This website and its services are not intended for use in emergencies. If you are experiencing a medical emergency or urgent mental health condition, you should seek appropriate emergency medical assistance by calling 911 or going to the nearest hospital.

About Psychonline

PsychOnline is a technology provider that connects patients seeking psychiatric services to Providers willing to provide those services.

PsychOnline is not a provider of health care services and functions to arrange for technology that enables the provision of medical services, including Services, by Providers and designees to patients willing to accept such services from Providers using their own independent judgement.

Both patients and Providers expressly understand and agree that each Provider or designee shall exercise Provider’s independent professional judgment consistent with generally accepted standards of medical care in rendering services. Thus, in no event shall PsychOnline be responsible or liable for any medical services provided by the Providers or designees, and PsychOnline shall exercise no control or authority over the patient-Provider relationship or medical services provided by Providers or designee. PsychOnline shall have no obligation, responsibility or liability for any Provider’s or designee’s provision of professional services.

Telehealth Services Informed Consent

i. Telehealth is the delivery of health care services using interactive audio and video technology, where the patient and the health care professional are not in the same physical location. During your telehealth consultation with a Treating Provider, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Provider may perform a physical examination through these technologies.

ii. The telehealth services you receive from Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You may form an ongoing treatment relationship with some Providers. However, your initial visit with a Provider will begin as an initial evaluation and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. As with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:

• In rare cases, information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the Provider;
• Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication.
• In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;
• In rare instances, security protocols could fail, causing a breach of privacy of personal health information.

iii. By accepting these Terms of Use, you acknowledge that you understand and agree with the following:

• You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured.
• We do not work with or accept health insurance coverage. You will be charged fees which are to be paid in full
• You understand and agree to not hold PsychOnline liable for any and all insurance coverage and agree to indemnify PsychOnline for all healthcare insurance claims and processes
• Your Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site.

Payments and Fees Terms

You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing PsychOnline with your credit card number, PayPal account, or other acceptable payment method and associated payment information, you agree that PsychOnline is authorized to immediately invoice your account for all fees and charges due and payable to PsychOnline hereunder and that no additional notice or consent is required.

PsychOnline reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand and agree that for Services provided, including the Provider services, on an appointment basis, you will be responsible for a missed appointment fee equal to the fees you would have paid for the scheduled services if you do not cancel a scheduled appointment at least 48 hours in advance.

Website Rights

PsychOnline grants you, the User, a non-exclusive, non-transferable, limited right to access, use and display the Site and the Services and the materials provided herein, and to download or print content displayed on our Site provided that you comply fully with this Agreement. The contents of the Site and the Services are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site or the Services or any part of them in any way. The Services, the Site and all information and/or Content are exclusively owned by PsychOnline or our licensors and is protected by U.S. and international copyright, trademark, patent, and other laws. Unless otherwise stated, PsychOnline and/or its licensors own the intellectual property rights in the website and material on the website. You acknowledge that PsychOnline and our licensors own or have the license to use all the intellectual property rights relating to the Site, Service and Content, including without limitation, including applicable copyrights, trademarks and other proprietary rights. You may print, download and store information and Content from the site for your own personal, non-commercial use only. You may not copy, modify, distribute or otherwise use the Content or program code for any purpose whatsoever, without PsychOnline’s express written consent. User will not acquire any intellectual property rights in PsychOnline by your use of the Services or the Site.

You must be at least eighteen (18) years of age to register for and use this website. By using this website and by agreeing to the Terms of Use, you warrant and represent that you are of legal age and able to form a binding contract. If you are not of legal age, you may not register to use our Services. The registered User for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with our Terms of Use and our Privacy Policy.

Your affirmative act of using the Services and/or registering for the Services constitutes your electronic signature to this Agreement between you and PsychOnline, which includes these Terms of Use and the Privacy Policy, and your consent to enter into agreements with us electronically. PsychOnline may change the terms of these Terms of Use from time to time. We will notify you of any such material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email (for registered Users only). Any such modifications become effective upon the earlier to occur of (i) your acknowledgement of such modifications; or (ii) your continued access to and/or use of the Site or Services after we post notice of such modifications. It is your sole responsibility to check the Site from time to time to view any such changes to the terms in the Terms of Use. If you do not agree to any changes, if and when such changes may be made to the Terms of Use, you must cease access to the Site and use of the Services, and send notice of your termination of the present agreement to PsychOnline. You give us permission to email you for the purpose of notification as described above.

If PsychOnline terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, PsychOnline reserves the right to refuse to provide access to the Site or the Services to you in the future. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. PsychOnline shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Upon termination of your right to use our Services or Site or our termination of the Services or Site, all licenses and other rights granted to you by these Terms of Use will immediately terminate. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may be permitted to re-register).

It is expressly understood and agreed to that PsychOnline may cancel or terminate this Agreement at any time. PsychOnline also reserves the right to restrict, suspend or terminate your access to the Site and/or the Services in whole or in part, without notice, with respect to any breach, suspected breach or threatened breach by you of any portion of this Agreement. If PsychOnline terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, PsychOnline reserves the right to refuse to provide access to the Site or the Services to you in the future.

Registration

In order to access certain features of the Services, including but not limited to, Providers profile information, you will be required to become a registered User of the Services by creating an account and a personal password. You are responsible for safeguarding and maintaining the confidentiality of the password you create when you register and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You agree that the information that you provide to PsychOnline, including your registration and any other information provided to gain access to Services will be true, accurate, current, and complete. This information includes, but is not limited to, name, address, phone numbers, email addresses, payment information, and account numbers. Changes can be made in your User profile. You are solely responsible for the accuracy and completeness of your information.

In order to access certain features of the Services, including but not limited to, Providers profile information, you will be required to become a registered User of the Services by creating an account and a personal password. You are responsible for safeguarding and maintaining the confidentiality of the password you create when you register and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You agree that the information that you provide to PsychOnline, including your registration and any other information provided to gain access to Services will be true, accurate, current, and complete. This information includes, but is not limited to, name, address, phone numbers, email addresses, payment information, and account numbers. Changes can be made in your User profile. You are solely responsible for the accuracy and completeness of your information.

Use of the PsychOnline website

In connection with using the Site and the Services to locate and schedule appointments with Providers, you understand and acknowledge that you are responsible for choosing your own Provider. PsychOnline does not recommend or endorse any Providers and does not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide.

Content provided by Provider is intended for general reference purposes only. Such Content often changes frequently and may become out of date, incomplete or inaccurate. PsychOnline does not provide any advice, qualification or certification about any particular Provider. You are encouraged to independently verify such Content. PsychOnline makes no claim as to the safety, appropriateness, or effectiveness of any services or products or devices marketed through the Services on the Site. You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk.

Providers may create a profile page on PsychOnline to provide relevant information about their education, experience and areas of specialization. Providers are solely and exclusively responsible for the content of their respective profiles. PsychOnline will not be liable for the content of the Provider’s profiles, including, without limitation, the accuracy or reliability of any information contained therein. Users should carefully evaluate the Provider(s) prior to selecting them by calling the appropriate licensing or certification authorities to verify listed credentials and education about a particular Provider, the Provider’s office, your current Providers, the medical association(s) relevant to the Provider’s specialty, your state medical board(s), and any other resources for validating the Provider’s credentials.

Medical Advice

The content of this Site, including all text, graphics, images, information and other material (“Content”) contained on the Site, are intended for informational and educational purposes only, and not intended to be a substitute for professional medical advice, diagnosis, or treatment.

To the extent medical advice is provided to you by a Provider through the Services, such medical advice is solely based on the provider’s professional experience and guidance and could reference your personal health data as provided by you and the local standards of care for your presenting symptoms, based on your use of the Services. Responses to your medical questions are at the sole discretion of the Provider. PsychOnline has no control or liability in respect to any medical inquiries on the site.

Providers in rendering any services are at all times acting and performing as independent contractors with respect to PsychOnline. Nothing herein shall be construed to create in law or in fact an employer-employee, principal-agent, partnership, corporate or joint venture relationship between Providers and PsychOnline

Each Provider is responsible for obtaining your informed consent to any medical diagnosis or treatment, including without limitation, your consent to use telehealth services.

If you have or suspect that you have an urgent medical problem or condition, please contact a qualified medical professional immediately. Do not disregard or delay obtaining medical advice from a medical professional because of information you may have read or obtained on this Site.

Do not use psychonline’s services for emergency medical needs. If you experience a medical emergency, immediately call 911 and go to your nearest hospital. Your use of the content is solely at your own risk. Nothing stated or posted on the site or available through any services is intended to be the practice of medicine or the provision of medical care.

Your medical care and/or your mental health care are solely the responsibility of you and your Provider. All Providers who have created a Provider Profile through the PsychOnline Site represent that they have the necessary degrees, and/or certifications in their areas of specialty, as applicable. PsychOnline recommends that users separately confirm that Provider(s) are in good standing with their respective licensing board(s). Psychonline as a platform, is not responsible for credentialing providers and makes no representation regarding the accuracy of their credentials PsychOnline will not be liable for fraudulent credentials or claims made by Providers.

Restrictions on Use of This Website

By using this Website, you agree:

• Not to use this website or Content in any way not explicitly permitted by these Terms of Use or the text of the website itself;
• Not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use;
• Not to misrepresent your identity or provide us with any false information in any information-collection portion of this website, such as a registration or enrollment application page;
• Not to take any action intended to interfere with the operation of this website;
• Not to access or attempt to access any portion of this website to which you have not been explicitly granted access;
• Not to share any password assigned to you with any third parties or use any password granted to a third party;
• To comply with all applicable laws and regulations while using this website or the Content.

Fees and Payments

Any fees associated with the use of PsychOnline’s Services, platform and other products and offerings is clearly specified to Users, and must be agreed to in advance by the user.

Any “linked” payment processing accounts with third parties (such as credit card accounts) will appear in your User profile on the Site. You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.

PsychOnline’s fee arrangements or policies, if any, may be changed from time to time by posting the changes on the website.

Privacy and Confidentiality

When You use the Services, PsychOnline has access to, and in many cases will monitor, your usage of the Services as you send and receive Content. By using the Services, you agree that PsychOnline may collect, use, and disclose information you provide during your use of the Services. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt out from receiving.

If you prefer to receive email communication containing protected health information (“PHI”) from PsychOnline, which may include messages from your Provider, appointment reminders, treatment referrals, and prescription information, you need be aware that this unencrypted email is not a secure means of communication. There is some risk that any PHI contained in an email may be disclosed to, or intercepted, printed, or stored by, unauthorized third parties. PsychOnline cannot ensure the security or confidentiality of messages sent by email. By using our Site, you agree to these conditions. This authorization indicates you understand and accept the risks involved with unsecure email communication of your PHI.

You agree to hold PsychOnline harmless in the event your information is required to be disclosed by law, or is accidentally or maliciously obtained by a third party.

The confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our affiliates are responsible for the security of any information transmitted via the Internet or the accuracy of the information contained on this Site.

Limitation of Liability

Neither psychonline, nor any of its subsidiaries, affiliates, employees, agents, licensors or content providers makes any representations or warranties of any kind regarding its websites, the content or any service provided herein. the content and services are provided on an “as is” basis and company specifically disclaims any express or implied warranties, including without limitation, warranties of fitness for a particular purpose, warranties of merchantability or warranties against infringement of intellectual property. User agrees as a condition for the use of this site that psychonline, its subsidiaries, affiliates, officers, employees, agents, licensors and content providers shall not be liable for any damages or losses, including, without limitation, indirect, consequential, special, incidental or punitive damages, lost profits, loss of programs or data, or interruption in business activity, resulting from or caused by websites, their content, any services provided herein or the delay or inability to use the company’s websites, or any information, materials, software, products and services obtained through this website, or otherwise arising out of the use of this website for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked website.

PsychOnline will not be responsible for or relating to the delay, interruption, failure or corruption of any data or other information transmitted in connection with use of this Site. PsychOnline does not warrant that the functions contained in the Site or mobile services will be uninterrupted or error-free, that defects will be corrected, that the Site or mobile services will meet any particular criteria of performance or quality, or that the Site, including forums or the server(s) on which the Site is operated, are free of viruses or other harmful components. PsychOnline 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 this site. We do not guarantee the accuracy, reliability or completeness of the Content, software, text, links, communications or other information provided on or through the use of this Site. PsychOnline disclaims all liability or responsibility for injury or impairment experienced by You if you utilize any Provider(s) accessed through this Site.

PsychOnline is not liable for any personal injury or wrongful death caused by the use or misuse of the Site, Services or the Content. Use of this Site and the mobile Services is at the User’s risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, content or other material (including without limitation software) accessed through or obtained by means of the Site. Under no circumstances shall psychonline or its affiliates, or their respective directors, officers, employees and agents, be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, medical malpractice or negligence of providers utilized through use of psychonline, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the site.

You agree that PsychOnline has no control over, and cannot guarantee the availability of any Provider at any particular time when scheduling an appointment with the Provider. PsychOnline will not be liable for any canceled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Site or Services. PsychOnline has no control over, and makes no guarantees about the accuracy of content posted by any Provider on the Site.

We cannot guarantee the continuous operation of or access to our Services. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis.

Modifications to the Site or Services

We reserve the right to modify or discontinue the Site or Services with or without notice to You. We will not be liable to You or any third party should we exercise our right to modify or discontinue the Site and/or Services. If You object to any such changes, Your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Site or Services as so modified.

Release and Indemnification

If you have a dispute with one or more Users, you release PsychOnline (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

You agree to defend, indemnify, and hold harmless PsychOnline, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from any and all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of this Agreement (including the Terms of Use and the Privacy Policy) or of any intellectual property or other right of any person or entity, by You or any third party using Your Credentials.

Limitation of Claims

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

Entire Agreement

This Agreement, including any exhibits hereto, contains the entire understanding of the parties with respect to its subject matter. This Agreement supersedes all prior and/or contemporaneous agreements and understandings between the parties, written or oral, with respect to its subject matter, and there are no restrictions, agreements, promises, warranties, covenants, or undertakings between the parties with respect to the subject matter hereof other than those expressly set forth herein

Governing Law

Except to the extent applicable law provides otherwise, this Agreement between You and PsychOnline, and any access to or use of the Site or the Services are governed by the federal laws of the United States of America and the laws of the State of New Jersey, without regard to conflict of law provisions.

Assignment

We may assign, delegate, sub-contract or otherwise transfer our rights and/or obligations under the Agreement, including without limitation, these Terms of Use and any other Policy, in whole or in part, to any person or entity at any time with or without your consent and without prior notification. You may not assign, sub-contract or otherwise transfer this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Accessibility of Site Outside of the United States of America

Unless otherwise agreed by PsychOnline, the Services described in this Agreement are solely offered within the United States of America. We make no representation that the Site or Services are appropriate or available for use outside of the United States of America. Those who choose to access this Site from a location outside of the United States of America are doing so of their own accord and are responsible for compliance and applicable local laws.

You acknowledge that you have read these Terms of Use, understand the Terms of Use, and will be bound by these terms and conditions.