Terms of Use

Effective 07/01/2014

Welcome! Thank you for using our service.

Please read the following agreement carefully.

1. Use Agreement Purposes and Agreement Requirements
This is constitutes a legal binding agreement between Behavioral Health Innovation, Inc. ("BHI"), and you (referred to as "User" or "You") and contains important terms and conditions (referred to as "Terms" or "Agreement") for which you must agree in order to use the Services or Technology (referred to as "Site," "Platform," "Technology," or Service(s)"). You must be of legal age to enter into this contract. Legal guardians who register or agreed to the terms of the site take responsibility on behalf of the minor who is cited as the identified User in the Technology. BHI operates the Service operated over the internet that facilitates telehealth services between Users under these terms and conditions. "Providers" are Users who provide professional services to other Users on the Site. All relevant conditions of Users also apply to Providers. "BHI" includes all agents, representatives, owners, stakeholders, relatives, staff, contractors and affiliates associated with BHI.

USE OF THIS SITE IS NOT INTENDED FOR EMERGENCY SERVICES. IF YOU NEED EMERGENCY MEDICAL HELP, DIAL 911 OR VISIT YOUR LOCAL EMERGENCY ROOM IMMEDIATELY.

IF YOU ARE FEELING LIKE YOU MAY HARM YOURSELF OR SOMEONE ELSE YOU SHOULD CONTACT 911 IMMEDIATELY AND NOT USE THIS SERVICE.

2. Applicability and Site Usage
By accessing and/or using the Service, You agree to be bound by and agree to comply with the terms and conditions of the Site, and maintain compliance with any and all applicable laws. Your access to any portion of the Site is conditional upon acceptance of these terms. Unless specified in an additional contract with BHI, all services are offered at the discretion of BHI and BHI reserved the right to suspended, rescind, revoke a User's license and stop Services and access to said Services and materials on the Service for any individual or group of User(s) at any time for any reason. BHI has the right to suspend or terminate any services offered by the Site at any given time regardless of notice. BHI is also not liable to any User or third party in regard to provided services.

3. Services

The BHI platform is a telehealth technology service that provides the technology to connect healthcare providers to patients and/or clients (referred to as "Services"). These technology services includes, without limitation: The facilitation of agreements for services between Providers and other Users, The facilitation of text, verbal and video telecommunications between Users and Providers, Appointment scheduling, reminders and notifications for the services offer to the Users by Providers.

THIS SERVICE DOES NOT INCLUDE THE PROVISION OF MEDICAL CARE, MEDICAL ADVICE, PSYCHOLOGICAL CARE, MENTAL HEALTH CARE, COUNSELING, SOCIAL WORK SERVICES, TELEMEDICINE, TELEHEALTH OR TELEMENTAL HEALTHCARE.

The aforementioned services may only be provided by Providers on Site in accordance with the licensing laws of that provider. BHI provides the technology through which services may be provided by others and does not endorse or condone the actions or methods of any provider. BHI takes no responsibility for the actions of Providers through the Site. Providers are not employees or agents of BHI or the Site. Providers are responsible for their use of the site, the services they provide and for abiding by their professional code of ethics and laws governing the use of their services in the applicable jurisdictions. The User and Provider(s) are responsible for the medical and/or mental healthcare provided through the site. BHI does not claim any responsibility for the quality or consistency, or appropriateness of any service by Providers throughout the Site.

4. Limited License
Conditional upon the acceptance of this agreement, each user is granted a personal, limited, revocable, nonexclusive, royalty-free license to access and use the technology and materials for which they are authorized to use in this and subsequent agreements. Unless specified in additional agreements, User is permitted to access and use the technology for personal, noncommercial use and commits to access and use these services and materials for no other purpose, unless specifically authorized in writing by BHI and agrees to not allow or empower others to use the Site outside of the terms of this Agreement. BHI also reserves all rights not explicitly granted by this license. This license does not permit the User any obligations of BHI or User rights outside of those expressed in this Agreement.

5. Users
Users of the site agree to provide at all times accurate and truthful information in the registration process, any forms related to the site and in communications both within and outside of the platform with BHI, other Users and Providers. Users are responsible for protecting the privacy and security of their password for the Site. Users agree to contact BHI immediately if they believe their password has been obtained by an unauthorized party and they are unable to reset their password. Users are responsible for the privacy and security of the internet access point and for the privacy and security of their physical surroundings while accessing the Site. By creating an account you consent to the use of an electronic terms of use and the storage of electronic information about you in accordance with our Terms of Use and Privacy Policy.

6. Provider Verification and Consent
It is the responsibility of the User to determine the appropriateness of the Provider, verify the Providers credentials and ensure that the User understands and agrees to the Providers terms of service. By registering on the Site, the User is consenting to the release of the information provided through this Platform to a Provider or Providers included in the Site.

7. Content
Content added to the site will become the property of BHI and the Users assigns all rights and privileges to BHI without any obligation or restriction. BHI reserves the right to view all content by Users and Providers for quality assurance purposes and to ensure compliance with this agreement.

8. Lawful Use and Conduct
User agrees to (1) conform and abide by all applicable Federal and state laws with regards to the use of this Technology and the materials contained within., (2) not use the Platform to conduct or allow any illegal activities, (3) not interfere with the use or enjoyment of the Site by others including, but not limited to, transmission of any virus, worm, trap door, timer, clock, Trojan horse, or other device, design or routine that attempts the unauthorized access of the content of other users, allowing others unauthorized view of the technology or content therein or limits the use of the Site by Users outside of the expressed authorized Use in this Agreement. User agrees to notify BHI immediately upon their knowledge or suspicion of any illegal activities through or using the site or violations of the terms of this Agreement.

9. Restrictions, Copyrights and Intellectual Property Rights
The material contained on Site, including articles, website content, illustrations, artwork, graphics, logos, trademarks and any and all other components are protected by intellectual property laws. Unless otherwise stated or the original content of the Users, BHI holds all copyrights for site material. Any copying, display, transmission, circulation, rendering, or printing of material from the site that was not create by You, or renditions of the Site in any form are strictly forbidden. Users of the site are solely responsible for adhering to all copyright and trademark laws for all material uploaded to the Site and assume all responsibility for any copyright or trademark violations. When accessing, viewing or communicating through the Site, Users are restricted from modifying, translating, creating derivative works, cloning, sub-licensing, reverse engineering, incorporating any information retrieval systems or mechanisms in any format, alter any proprietary notices, lease, sublease, sell, market, remove or alter any content, in part or in whole of or within the site or any elements thereof, without specific written authorization from BHI.

10. Communications Consent
As part of the service of the Site you may receive notifications from the Site indicating a message is waiting on the Site. The message will not contain any Personal Identifying Information. You consent to receive these communications from the Site to an email address of your choosing as part of the Terms of Use.

11. Community Forum
Comments/posts written by Users of the Service do not necessarily reflect the views of BHI or its affiliates. BHI is not to be held responsible for comments/posts produced by Users or Providers. BHI, in its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. You agree to indemnify, defend and hold harmless BHI 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 Content 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.

12. Limitations of Liability
BHI parties shall not be liable and disclaims any liability for the use or misuse of the Site by any and all Users and/or Providers, including loss, damage, direct or indirect, including the (1) inability to use the Site, (2) restrictions of the Site (3) any loss of data, services or revenue derived from services (4) any loss from equipment failure, internet failure or interruption unauthorized access by Users or others of User content or transmissions (5) from statements, services or conduct of any Users, providers, staff, owners or contractors on the Site. (6) any delay in Service or failure of the Service that is out of BHI's direct control, (7) reliance upon, reference to, use of or the quality of the materials in or accessed through the Site. User is solely responsible for any internet charges or data charges for use on any device including cell phones, tablets and iPads.

13. Disclaimers of Warranties
All Services and materials are provided "as is" and "as available." BHI, it's owners, partners, affiliates, contractors, representatives, family members, licensees, Providers, agents advertisers, do not provide any warranty, expressed or implied, that (1) the Site or any materials, elements or pages within are accurate, complete, reliable or non infringing (2) the properties, agreements and materials of the Site will remain unchanged, (3) access to the Site will be uninterrupted, (4) the quality, consistency, accuracy, accessibility, and reliability will meet the users expectations (5) the service will be a fit for a particular purpose. All warranties implied or expressed are disclaimed to the fullest extent permitted by law. BHI will not be held liable for omissions, out-of-date information, or typographical errors that appear on the Site.

14. Warranty Exclusions Permitted by Law
The exclusion of certain warranties or conditions, limitations on liability for damage or loss caused by negligence, breach of contract, or incidental or consequential damages is not permitted in some jurisdictions. Accordingly, only sections that lawful in the User's jurisdiction will apply to the User and BHI's liability will be limited to the maximum permitted by law.

15. Indemnification
The User agree to Hold Harmless, indemnify, and defend BHI from all claims arising from the use or misuse in any way of the Site, the materials within the Site or services, actions of other Users or Providers through the Site or violations of User agreements, actions connected to access to the site, including liability, expense, losses, damages, suits, settlements, judgements, litigation costs, and attorneys fees.

16. HIPAA Disclaimer
BHI is not subject to federal regulation under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") because those rules and regulations apply only to certain kinds of health care providers that engage in certain kinds of electronic billing practices. Because we do not electronically bill for the types of transactions that are covered by HIPAA, we are not subject to that set of regulations. Although we.re not federally regulated, we are committed to ensuring that all of your information is treated and maintained in a confidential and secure manner. If you have any questions regarding our privacy practices, please see our Privacy Policy.

17. Changes in Terms
BHI reserves the right to change the Terms of Service at any time without any prior written notice. Once changes are made, the User will be prompted with the choice to accept or reject these new terms prior to continuing the use of the Site.

18. Arbitration
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through JAMS. The parties must comply with the following rules: (a) the arbitrator shall be selected from JAMS and the arbitration shall be conducted in accordance with JAMS' Comprehensive Arbitration Rules and Procedures, except as otherwise specified below; (b) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (d) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (e) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any dispute, controversy, or disagreement arising out of or relating to these Terms, the breach thereof, or the subject matter thereof, where the total amount of the award sought is $10,000.00 USD or greater, shall be settled exclusively by binding arbitration. The arbitrator shall be selected from JAMS and the arbitration shall be conducted in accordance with JAMS' Comprehensive Arbitration Rules and Procedures The arbitration shall be held in the County of Iredell, North Carolina, unless the parties mutually agree to have such proceeding in some other locale. To the extent of the subject matter of the arbitration, the arbitration shall be binding not only on all parties to these Terms, but on any other entity controlled by, in control of or under common control with the party to the extent that such affiliate joins in the arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

19. Governing Laws
This agreement and all associated matters regarding the Site and this Agreement will be governed by, construed in accordance with and enforced under the laws of North Carolina in the United States of America. Printed and electronic copies of this agreement and any Site related documents will be admissible in any legal, investigative, administrative or regulatory proceedings.

20. Statute of Limitations
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to a User's access to and use of the Site must be initiated and filed by a User within one (1) year after such claim or cause of action arose, or be forever barred.

21. Legal Notice to California Users
Users in California, in accordance with California state law, are entitled to the following consumer rights information under California Civil Code §1789.3: Pricing Information: Any fees for subscribing to this Service are included in the registration page of the Site. BHI reserves the right to add, change or remove charges for Services or the Site at any time. California consumer complaints can be made through the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.

22. Assignment
At BHI's discretion, BHI may assign these rights and obligations under this agreement to a third party in part or in whole at any time without the consent or notification to any Users. Users may not assign their rights, responsibilities or obligations in this agreement to any third party or entity.

23. Severabilityand Waivers
If any portion of this agreement is found by a court of law to be unenforceable, the determination will apply to that portion only and not affect the validity or enforceability of the remaining portions or provisions and all such remaining provisions shall be enforced to the fullest extent of the law. Failure of BHI to enforce any part of the agreement does not constitute a waiver of BHI's right to exercise enforcement. If any provision or portion of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby.

24. Entire Agreement
This agreement constitutes the entire agreement and supersedes all existing agreements and all oral, written or other communications between parties concerning the Site and Services.

25.Contact Information
For questions pertaining to this agreement that contain no personal identifying health information, send an email to agreements@behavioralhealthinnovation.com. Mail contact can be made through this address 254 Bay Harbour Rd, Mooresville, NC 28117.

Last revised 9/15/14