Welcome to Teletherapy Solutions! We are excited to provide you (“Patient”) with a platform to help you find a Provider (defined below) to fit your needs. Please read this Patient Terms and Conditions of Use (the “Agreement” and “Conditions of Use”) carefully, as it sets forth some of the terms and conditions of your contract with Teletherapy Solutions, LLC, a Florida limited liability company (“Teletherapy Solutions”).
This Agreement is a legal document. The terms and conditions discussed here apply to the Teletherapy Solutions website (“teletherapy-solutions.com” or “Site”) and to creating a Patient account with the Site. Teletherapy Solutions, LLC (“Teletherapy Solutions,” “teletherapy-solutions.com,” “us,” “our,” or “we”) owns and manages this Site. You may only use the Site if you can form a binding contract with us, and only if you comply with these Patient Terms and Conditions of Use and all applicable local, state, national, and international laws, rules, and regulations.
We may alter these Patient Terms and Conditions of Use without notice, and your continued use of the Site signifies that you agree to be bound by any future changes. You are encouraged to review these Conditions of Use at regular intervals to monitor for updates. If you do not agree, you should not create an account on or use our Site. Please read these Patient Terms and Conditions of Use carefully.
The Teletherapy Solutions Site does not provide or render Professional Services. Instead, Teletherapy Solutions offers a digital platform to connect users seeking to obtain Professional Services from such Providers. Teletherapy Solutions is a conduit between Patients and Professional Services but does not itself engage in Professional Services.
The Site may query you about your Provider preferences through a questionnaire or other digital mechanism, but the ultimate choice as to if you receive Professional Services is made exclusively by you and the Provider, not Teletherapy Solutions. The questionnaire, if used, is only one of many tools to facilitate your location of a Provider that meets your needs. Teletherapy Solutions and the Site make no warranty as to the efficacy of the questionnaire or other digital mechanism or if you complete it that you will receive Professional Services from a particular Provider, or Professional Services in any capacity.
This is a legal document. YOU MUST AGREE TO BE BOUND TO THESE PATIENT TERMS AND CONDITIONS OF USE TO USE THE SITE. IF YOU DO NOT AGREE TO THESE PATIENT TERMS AND CONDITIONS OF USE, DO NOT USE THE SITE.
1. Acceptance and Agreement to Be Bound
(a) This Agreement forms a legally binding contract between you and Teletherapy Solutions for your access to and use of the Registration and the Service (defined below). You represent and warrant that you have the right and authority to bind yourself to this Agreement. You also represent and warrant that you at least 18 years of age. You further represent and warrant that you agree that all information you submit to Teletherapy Solutions is true and accurate.
2 The Teletherapy Solutions Site is Not Intended for Children
(a) The Teletherapy Solutions Site and Registration are not intended or designed to attract children under the age of 18. Teletherapy Solutions does not collect personally identifiable information from any person known by Teletherapy Solutions to be a child under the age of 18. Should we inadvertently come to possess personally identifiable information about a child under the age of 18, Teletherapy Solutions will not knowingly disclose contact information relating to a child under the age of 18 to any third-party.
3 Creating an Account
(a) Creating an account will allow you access to the Service. Creating an account on the Site
(“Registration”) does not require insurance information or any Personal Health
Information (“PHI”) from you.
(b) Account Registration for Patients is free of charge and a $5.99/month membership fee.
4 HIPPA Notice
(a) Teletherapy Solutions respects the privacy of your personal information and makes every effort to keep Patient information secure. However, Teletherapy Solutions has concluded that it is not a covered entity under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (“HIPAA”) and that it is thus not subject to all HIPAA requirements. As such, Teletherapy Solutions has no legal obligation to maintain HIPAA compliance for any Patient PHI.
(b) Patients shall not send, submit, email, or otherwise disclose your PHI to Teletherapy Solutions through the Site or any other means. Patients should always exercise caution when disclosing their PHI with Providers (as that term is defined below).
5 Prohibited Countries
(a) The Service that Teletherapy Solutions provides is not open to Patients who live in countries that are prohibited by law, regulation, treaty, or administrative act from entering into trade relations with the United States.
6 Account Registration and Security
(a) To access some of the Content and the Service, you must create an account. In doing so, you agree to supply truthful and complete information and update it if it changes. The Teletherapy Solutions Site is not for or directed to anyone under 18 years of age. By providing information about yourself, you warrant that you are at least 18 years of age and can form a binding contract. If you provide any untruthful or incomplete information, or if Teletherapy Solutions reasonably suspects such, Teletherapy Solutions may suspend or terminate your account and Registration and refuse your future use of the Content or the Service.
(b) You are solely responsible for your own account activity and agree to maintain your own secure password and not use anyone other person’s password or login credentials. You further agree not to share or sell your password or login, and to notify us if you suspect unauthorized use of your account.
(c) Please immediately alert Teletherapy Solutions to any unauthorized use of your account, password, username, email, or other breaches of security at firstname.lastname@example.org.
7 Teletherapy Solutions Service and Professional Services
(a) The Teletherapy Solutions Site offers a digital platform that aims to connect Patients to Providers offering professional, licensed therapy services via a telehealth platform (the “Service”). The Site may query the Patient about what the Patients seek in a Provider through a questionnaire or other digital mechanism, but the ultimate choice as to if the Patient receives Professional Services is between the Patient and the Provider. The questionnaire, if used, is only one of many tools to facilitate the Patient finding a Provider who is a good fit. Teletherapy Solutions and the Site make no warranty as to the efficacy of the questionnaire or if the Patient completes it that the Patient will receive Professional Services from a particular Provider, or Professional Services in any capacity. The questionnaire is provided as-is.
(b) After you are connected to these Providers, if the Provider in their sole discretion deems appropriate, you may receive professional therapy services (“Professional Services”) from appropriately trained and licensed Providers (the “Provider(s)).
(c) The Teletherapy Solutions Site does not provide or render Professional Services. Instead, Teletherapy Solutions offers a digital platform to connect users seeking to obtain Professional Services from such Providers. Teletherapy Solutions is a conduit between Patients and Professional Services but does not itself engage in Professional Services.
(d) All Providers featured on the Teletherapy Solutions Site are independent contractors of Teletherapy Solutions. The Providers are not agents or employees of Teletherapy Solutions. These Providers have independently chosen to participate on the Site and are licensees to Teletherapy Solutions. The Providers are independently licensed and insured, and Patients should directly address any issue, warranty, or claim to the respective Provider.
8 Independence of Providers
(a) The advice of any Provider listed on the Teletherapy Solutions Site is independently and exclusively the advice of the Provider. Any information or opinion expressed by any Provider listed on the Teletherapy Solutions site is independently and exclusively the information or opinion of the Provider. Teletherapy Solutions does not endorse any advice, opinion, course of treatment, products, medications, devices, or additional medical or wellness information that a Provider on the Teletherapy Solutions Site may give or recommend. Teletherapy Solutions is not providing any kind of medical or wellness advice or information.
(b) A Provider’s scope of practice indicates the specific area of professional healthcare services that the Provider can legally provide based on their state licensure. If a Provider is providing licensed healthcare services to Patients through the Site, the Provider shall adhere to their respective scope of practice and be responsible for following all applicable state and federal laws.
9 Teletherapy, Potential Disadvantages, and Appropriateness for Patients
(a) Teletherapy is also known as telepractice, cyberpsychology, text-based therapy, telehealth, behavioral telehealth, and online therapy. Teletherapy is the practice of providing a psychotherapy service that is not conducted in person and occurs through the use of technology. The technology used may include, but is not limited to, telephone, email, internet, or videoconference technology.
(b) Teletherapy is subject to all the same practice and ethical considerations as in-person treatment. Teletherapy is also subject to the law, rules, and regulations governing licensed practice in the State of Florida.
(c) While teletherapy has many convenient advantages, there are also potential disadvantages. Disadvantages of teletherapy may include: different time zones; cultural differences; language barriers; and strength of internet or phone connection, which may impact the delivery of Professional Services.
(d) In case of a technology breakdown or reconnection issues, Patients may provide off-line contact information to Teletherapy Solutions or the Provider.
(e) A Provider, at their sole discretion, based upon their education, training, and experience, will determine whether a Patient is a good candidate for teletherapy services. Teletherapy Solutions exercises no control over a Provider’s independent professional judgment.
10 The Teletherapy Solutions Site Does Not Provide Medical Advice
(b) If you have concerns about any medical condition, diagnosis, or treatment, you should personally consult with a licensed healthcare provider. If you experience a medical emergency (including suicidal or homicidal thoughts), you should immediately call 911 or visit your nearest emergency room.
(a) You expressly agree not to deceive, harass, stalk, harm, or exploit any other users; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service on the Site or on any other Teletherapy Solutions product. Teletherapy Solutions reserves the right but does not have an obligation to monitor all conduct on the Site.
12 License Grant and Permitted Use
(a) Unless otherwise expressly stated, Teletherapy Solutions or its licensors owns all of the Teletherapy Solutions Site and Site Content. The United States, worldwide copyright laws, and treaty provisions protect the Teletherapy Solutions Site.
13 Acceptable Use
(a) You acknowledge and agree that Teletherapy Solutions (i) is the exclusive owner (or has the rights of an owner) of all worldwide right to, title to, and interest in the Teletherapy Solutions Site, regardless of the format in which it is expressed; and (ii) shall be the exclusive owner of all worldwide right to, title to, and interest in any and all modifications, customization, variations, or adaptations of the Teletherapy Solutions Site based on or substantially similar to the Teletherapy Solutions Site.
(b) You shall use reasonable means to ensure, through proper instructions and enforcement actions, that access to and use of the Teletherapy Solutions Site by you will be in accordance with the terms of this Agreement and will be made and used solely for proper and legal purposes, and will be conducted in a manner that does not violate any law, rule or regulation, or the rights of any third party.
(c) Use of the Teletherapy Solutions Site is subject to all terms and conditions of this Agreement, including Teletherapy Solutions’ acceptable use policies. You shall not (i) use, permit the use of, or permit access the Teletherapy Solutions Site except in accordance with the terms of this Agreement; (ii) modify, translate, reverse engineer, decompile, disassemble, or attempt to derive or alter any source code of the Teletherapy Solutions Site; (iii) engage in, permit or suffer to continue any unauthorized copying of the Teletherapy Solutions Site; (iv) distribute, sublicense, sell, assign, transfer, rent, lease, pledge, encumber, disclose to any unauthorized third party, or otherwise allow any unauthorized third party to view, the Teletherapy Solutions Site, or make any attempt to do so; (v) alter, remove, obscure or hinder delivery of any copyright, disclaimer, or proprietary or intellectual property rights notices appearing in the Teletherapy Solutions Site; (vi) take any action compromising, or that has the possibility of compromising, the enjoyment and use the Teletherapy Solutions Site by any other customer; or (vii) take any action compromising, or that has the potential of compromising, Teletherapy Solutions’ rights in the Teletherapy Solutions Site.
14 Consent to Electronic Communications
(a) By providing Teletherapy Solutions with your email address, you consent to receive unencrypted an unsecured email communication from us. You agree that any notices, agreements, disclosures, or other communications that Teletherapy Solutions provides to you by email satisfy any legal communication requirements.
15 Security and Privacy
(a) Teletherapy Solutions utilizes encryption for therapeutic exchanges and Secure Sockets Layer (SSL) protocol for financial transactions.
(b) The Teletherapy Solutions Site incorporates a mechanism for verifying the identity of Patients by asking for a formal identification number. Though you may choose to utilize a username for participation on the Site, you must offer, at minimum, you full first and last name, home address, and a phone number to confirm identity. Any and all sensitive information stored in Teletherapy Solutions database will be safe and protected by our platform to the best of our ability and consistent with industry standards. However, our Service is based on several factors that exist outside of the Teletherapy Solutions Site, and as such, Teletherapy Solutions cannot guarantee service will be uninterrupted, timely, or secure.
(c) Teletherapy Solutions makes every effort to comply with all applicable laws that concern the privacy of online communications. By using the Teletherapy Solutions Site, however, you acknowledge that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised.
(e) As a Patient, you must exercise good judgment and caution in your use of the Service. You are strictly prohibited from violating or attempting to violate the security of the Service. Any violations may result in criminal, civil, or other penalties against you. We may investigate any suspected violations and cooperate with law enforcement agencies in their investigations of such violations. You represent and warrant that you shall not engage in activities that may infringe on the security of the Service.
16 Information You Provide
(a) Teletherapy Solutions has the right, but not the duty, to monitor your use of the Teletherapy Solutions Site, including any information you provide. Any information you send to Teletherapy Solutions by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email.
(b) The Teletherapy Solutions Site provides you the option to communicate with Teletherapy Solutions through email. This option is provided solely for your convenience, and it may not be secure. By using it, you agree that Teletherapy Solutions is not responsible for the privacy of any email messages. Teletherapy Solutions does not warrant the confidentiality or security of any email transmission.
(c) You are responsible for all information you send through the Teletherapy Solutions Site. This means that you agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. Teletherapy Solutions may edit, delete, modify, or ban such information, and take necessary legal action.
17 Submissions of Information
(a) Do not send Teletherapy Solutions any ideas, suggestions, materials, concepts, or other information (collectively “Information”) relating to the website. If you violate this policy and do send Information to Teletherapy Solutions, that Information will become the property of Teletherapy Solutions. This means that Teletherapy Solutions will have unrestricted use of it for its personal and commercial purposes. Teletherapy Solutions will not compensate you and will not be liable to you or any other provider of the Information.
(b) If you send Information to Teletherapy Solutions, you agree: (i) to waive your rights in any Information; (ii) to warrant that it is original to you; (iii) that you have the right to submit it to Teletherapy Solutions; and (iv) that you have no recourse against Teletherapy Solutions for any alleged or actual infringement or misappropriation of any proprietary right in any Information.
(c) Teletherapy Solutions is not obligated to maintain the confidentiality of any Information submitted, and Teletherapy Solutions disclaims any liability that may result from its disclosure of any Information submitted in violation of its policy.
(d) You further agree not to:
· Transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information;
· Impose an unreasonably large amount of Information on the Site or otherwise interfere with or inhibit any other user from using or enjoying the Site;
· Transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications;
· Access, use, or copy any portion of the Teletherapy Solutions Site using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or
18 Intellectual Property
(a) Except as provided in the License Grant, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Teletherapy Solutions Site, including any trademarks, names, or logo, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory. Teletherapy Solutions reserves all rights not expressly granted.
(b) Except as expressly set forth in this Agreement, you shall not do any of the following: (i) modify, reformat, or translate the Content, (ii) license, sell, rent, lease, transfer, assign, distribute, offer, or otherwise commercially exploit the Content, or any portion thereof; (iii) use the Content in any manner that allows any person to access the Content other than as expressly provided for in this Agreement; or (iv) continue to use any Content after the termination of this Agreement.
19 Operation of the Teletherapy Solutions Site
(a) Teletherapy Solutions makes all reasonable efforts to keep the Site operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages.
(b) Teletherapy Solutions, however, does not provide any assurance or warranty that: (i) access will always be available; (ii) service will be uninterrupted; (iii) its operation will be error-free; (iv) defects will be corrected; or (v) the servers that operate the website are free from viruses or other harmful components.
(c) You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use.
20 Limitation of Liability
(a) You acknowledge that no Provider is an employee of Teletherapy Solutions and that Teletherapy Solutions assumes no responsibility for any act or omission of any Provider. We encourage you to do your own research. You acknowledge that, though a Provider may be featured on the Teletherapy Solutions Site, Teletherapy Solutions cannot predict or asses the utility or effectiveness of services rendered by a Provider.
(b) Under no circumstances will Teletherapy Solutions, its employees, members, managers, or agents be held liable for any indirect, consequential, or punitive damages relative to the services provided by any of the Providers accessed through the Teletherapy Solutions Site. All Providers featured on the Teletherapy Solutions Site are independently licensed and insured, and any issue, warranty, or claim by a Patient must directly address the respective Provider.
(c) ALL INFORMATION IN THIS SITE IS PROVIDED ON A REGISTRATION BASIS AND “AS IS.” ACCORDINGLY, TELETHERAPY SOLUTIONS MAKES NO REPRESENTATIONS, AND NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE CONTENT OR OTHERWISE REGARDING THE SITE OR ANY LINKED WEBSITE. TO THE FULL EXTENT PERMITTED BY LAW, TELETHERAPY SOLUTIONS DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TELETHERAPY SOLUTIONS GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THE TELETHERAPY SOLUTIONS SITE OR THE CONTENT OR OF ANY LINKED WEBSITE.
(d) By using the Teletherapy Solutions Site, you signify that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on the Teletherapy Solutions Site and are not responsible for any errors or omissions in the information provided.
(e) Teletherapy Solutions is not responsible for visitors’ damage or loss. You agree that Teletherapy Solutions is not responsible to you or others for any loss or damages that result from your use (or non-use) of the Teletherapy Solutions Site or any linked third-party website. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of the Teletherapy Solutions Site or its contents. Teletherapy Solutions is not responsible, regardless of whether Teletherapy Solutions has been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against Teletherapy Solutions is to stop using the Teletherapy Solutions Site.
21 No Warranty or Guarantee of Outcome
(a) Teletherapy Solutions has made efforts to provide accurate information on the Site, the Content, about the Service, and about Professional Services. But any testimonial or example on the Site or in the Content does not guarantee that you will receive similar results. Your results will depend on your background, effort, personal circumstances, and many other factors that are beyond the scope of the Site, the Content, or the Service.
(b) TELETHERAPY SOLUTIONS MAKES NO GUARANTEE AND NO WARRANTY THAT YOU WILL HAVE ANY SPECIFIC RESULT. FURTHER, TELETHERAPY SOLUTIONS MAKES NO GUARANTEE, AND NO WARRANTY THAT THE TELETHERAPY SOLUTIONS SITE WILL OPERATE UNINTERRUPTED AND ERROR-FREE.
22 Indemnification for Your Use of the Teletherapy Solutions Site
(a) Neither Teletherapy Solutions nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, directors, employees, or agents will be liable for any damages including, but not limited to, indirect; incidental; consequential; special; exemplary; or punitive damages. In no event shall Teletherapy Solutions nor any licensors, affiliates, subsidiaries or parent companies, nor any respective members, managers, officers, directors, employees or agents will be liable for any special, indirect, or consequential damages, or damages whatsoever resulting from loss of use or data, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use of The Teletherapy Solutions Site. Your sole and exclusive remedy for dissatisfaction with the Service is to stop using the Teletherapy Solutions Site and Service. Teletherapy Solutions provides no indemnification of any kind.
(b) By using this Website, you agree to indemnify Teletherapy Solutions from any suit or proceeding made or brought against Teletherapy Solutions by a third-party for claims that relate to your use of any portion of the Teletherapy Solutions Site or Service.
23 Links to Third-Party Websites
(a) Teletherapy Solutions may provide links to third-party websites. The Site occasionally provides links to third-party websites. By clicking on these links, you agree that Teletherapy Solutions is not responsible and does control any information on these websites. Third-party websites are unrelated to, and not maintained by, Teletherapy Solutions.
(b) By clicking on such links, you agree that Teletherapy Solutions is not responsible for their content, regardless of whether your access is provided by Teletherapy Solutions or by another third-party. Teletherapy Solutions does not warrant the accuracy, timeliness, or suitability of the content of any third-party website.
(c) By providing a link to a third-party website, Teletherapy Solutions does not endorse the products or services of that linked websites, nor does it endorse the third-party website’s sponsoring organization. Your sole and exclusive remedy for claims arising from any such third-party products or services is against the third-party provider and not Teletherapy Solutions.
(d) Third-party websites may provide links to Teletherapy Solutions. Teletherapy Solutions hereby grants third-party websites the limited right to link to its website. This limited license does not grant the right to “framing” of the Content or grant any other activity that could create a misimpression or confusion among users with respect to sponsorship or affiliation.
24 Affiliate Disclaimer
(a) Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, some of the links are affiliated links. This means that Teletherapy Solutions may receive payment if you purchase products or services through such links. Teletherapy Solutions only utilizes affiliate links for products or services that its principals have personally used and believe will add value to its visitors and Patients.
25 No Assignment
(a) The Patient Terms and Conditions of Use, licenses, and Registrations may not be transferred or assigned by you but may be assigned by us without restriction.
26 Applicable Law and Enforcement of Patient Terms and Conditions of Use
(b) By using the Teletherapy Solutions Site, you agree that: (i) if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (ii) that if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these Patient Terms and Conditions of Use will remain in effect as written; and (iii) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
27 Amendments and Modifications
(a) Teletherapy Solutions may amend or update the privacy policies, these Patient Terms, and Conditions of Use, the Content, or the Service at any time without prior notice. If you use the Teletherapy Solutions Site after any changes, you agree to be bound by the changes.