BETTERMYND
PLATFORM
TERMS
OF SERVICE
PLEASE READ THE AGREEMENT BELOW
AND INDICATE YOUR ACCEPTANCE BY CLICKING THE "ACCEPT" BUTTON. By clicking the "ACCEPT" checkbox,
you are indicating that you agree to be bound by all of the provisions in these
terms of service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT
USE THE BETTERMYND PLATFORM OR ANY ASSOCIATED SERVICES.
Scope. The
BetterMynd Terms of Service consist of the Terms of Service and the Privacy
Policy. The Terms of Service constitutes an agreement between you and
BetterMynd, Inc. that allows you to make use of the BetterMynd website located
at www.bettermynd.com (the “Site”) and the relevant services
associated with the Site (collectively, the “Platform”) so long as you
comply with the requirements of the Terms of Service. The Platform is owned and operated by
BetterMynd Inc., a Delaware corporation with offices located at 3461 Holmead
Place NW, Washington, DC 20010 ("BetterMynd” or “We” or “Us”).
Applicability. The
Platform is intended to make mental health care more accessible for college
students (“Students”) by facilitating connections and scheduling with
qualified mental health care providers (“Counselors”). Most of the provisions of these Terms of
Service are generally applicable to all users of the Site and/or the Platform,
including without limitation Students and Counselors (collectively, “End
Users”), but some of the provisions are intended to apply only to (i)
Students using the Platform to schedule for, and arrange to obtain, mental
health care services; and (ii) Counselors using the Platform to arrange for the
provision of mental health care services (hereinafter, “Counseling Services”)
to Students.
Special Terms and Conditions. Because Students and Counselors will use the
Platform differently, in addition to these Terms of Service, there are separate
Special Terms and Conditions that apply to use of the Platform by Students (“Special
Terms and Conditions for Students”) and by Counselors (“Special Terms
and Conditions for Counselors”). In each case, the Special Terms and
Conditions are incorporated by reference into these Terms of Service, and made
a part hereof.
GENERALLY
APPLICABLE TERMS AND CONDITIONS
1.
ELIGIBILITY FOR USE
To
use the Platform, you must be at least 18 years of age. We do not intentionally make its services
available for use by persons under 18.
Although the Site is readily accessible to the public, use of the
Platform by Students or Counselors requires registration (and in the case of
Counselors only, certain additional information must be furnished concerning location,
licensing and professional qualifications).
2.
ACCOUNT REGISTRATION
To access the Platform, you must first register to establish an
individual user account ("Account"),
by providing certain information. You agree that you will not create more than
one Account, or create an account for anyone other than yourself without first
receiving permission from the other person. In exchange for your use of the Platform
and, if applicable, in order for users to send notices and other information to
you, you agree to: (i) provide true, accurate, current and complete information
about yourself as prompted by our Account registration form; and (ii) each time
you log on, maintain and promptly update such Account information to keep it
true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or we have reasonable grounds to
suspect that such Account information is untrue, inaccurate, not current or
incomplete, we reserve the right to suspend or terminate your Account and
refuse any and all current or future use of the Service.
3.
ACCESS CONTROLS
Access to the Platform is enabled only by usernames and
passwords. You should maintain your username and password in strict
confidence. In no event should you share your username or password with
any third party or allow another person to access the Platform using your username
and password. Please notify us if you have any reason to believe that
your username or password has been lost or compromised or misused in any way.
You are fully and solely responsible for any and all use of the Platform
using your username and password. We reserve the right to suspend your
use of the Platform, or revoke or deactivate your username and password at any
time.
4.
END USER CONTENT
You
are fully responsible for any information, data, photographs, images or other
Content uploaded or posted using the BetterMynd Platform (collectively, “End
User Content”), and assume any and all risks associated with sharing such
information online. By uploading,
posting or otherwise making available any End User Content, you represent that
you own or have the right to publish such End User Content; and (ii) you grant
to BetterMynd a non-exclusive, royalty-free license in perpetuity to use, copy
and distribute such End User Content, consistent with applicable law.
5.
INTELLECTUAL PROPERTY
Ownership. All
of the content available on or through the Service (except for the End User
Content) is the property of BetterMynd or its licensors and is protected by
copyright, trademark, patent, trade secret and other intellectual property law
(collectively, “BetterMynd Content”). We give you permission to
display, download, store and print the content only for your personal,
non-commercial use. You agree not to reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast, or circulate the content received
through the Service to anyone, including but not limited to others in your
organization. All software and accompanying documentation made available for
download from the Service is the copyrighted work of BetterMynd or its
licensors. Any copy made of information obtained through the Service must
include all applicable copyright notices.
Marks. All
BetterMynd trade and service names and logos (collectively, the “Marks”)
are trademarks of BetterMynd Inc. All other brands and names are the
property of their respective owners. Nothing contained in the Service should be
construed as granting any license or right to use any trademark displayed on
this site without the express written permission of BetterMynd or such
third-party that may own the trademark.
Limited License for Use of
Platform.
Subject to the provisions of these Terms of Service, BetterMynd hereby
grants you a limited, revocable, non-transferable and non-exclusive license to
use the software, network facilities, content and documentation on and in the
BetterMynd Platform to the extent, and only to the extent, necessary to access
and use the Platform and any associated services.
License Restrictions. The
license granted herein does not permit you, and you agree not to: (a) modify,
translate, reverse engineer, disassemble, decompile or create derivative works
of the Service or allow a third party, whether directly or indirectly
(including, but not limited to the direct or indirect use of wizards, agents,
bots, or other utilities), to modify, translate, reverse engineer, disassemble,
decompile or create derivative works of the Platform; or (b) transfer,
distribute, sell, lease, rent, disclose or provide access to the Platform to
any third party or use the Service to provide service bureau, time sharing or
other services to third parties.
6.
DISCLAIMERS
NO
MEDICAL ADVICE BY bETTERMYND. you
acknowledge and agree that NEITHER THE BETTERMYND CONTENT NOR ANY OTHER content
on the PLATFORM OR OTHERWISE MADE AVAILABLE TO YOU BY MEANS OF the BETTERMYND
PLATFORM should be considered medical advice. None of the content on THE SITE
OR OTHERWISE MADE AVAILABLE TO YOU BY MEANS OF THE BETTERMYND PLATFORM
CONSTITUTES ANY REPRESENTATION OR WARRANTY BY BETTERMYND that any particular
medication or treatment is safe, appropriate, or effective for USERS; AND BetterMynd
does not recommend or endorse any specific tests, providers, medications,
products or procedures FOR USE BY ANY PERSON.
COUNSELORS AND THEIR RECOMMENDATIONS ARE INDEPENDENT. All
Counselors are independent of BetterMynd and are merely using the Platform as a
way to communicate with their clients and prospective clients. Any information
or advice supplied by or received from a Counselor comes from that Counselor
alone, and not from BetterMynd. Neither BetterMynd nor any of its licensors or
suppliers or any third parties who promote the Platform (including without
limitation, any colleges or universities) or provide you with a link to the
Service shall be liable for any professional advice provided by any counselor
via the Platform nor for any information obtained on the Site. BetterMynd
does not recommend or endorse any specific tests, providers, medications,
products or procedures. You acknowledge that your reliance on any information
provided by the Platform is solely at your own risk and you assume full
responsibility for all risk associated therewith. BetterMynd does not make any representations
or warranties about the training or skill of any Counselors who provide services
via the Service.
7.
ACCEPTABLE USE OF PLATFORM
You
agree that you will not access or use the Platform in an unlawful way or for an
unlawful or illegitimate purpose or in any manner that contravenes these Terms
of Service. You will not post, use, store or transmit (a) a message or
information under a false name; (b) information that is unlawful, libelous,
defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or
hateful to any person; or (c) information that infringes or violates any of the
intellectual property rights of others or the privacy or publicity rights of
others. You will not attempt to disrupt the operation of the Platform by
any method, including through use of viruses, Trojan horses, worms, time bombs,
denial of service attacks, flooding or spamming. You will not use the Platform
in any manner that could damage, disable or impair any service associated with
it. You will not attempt to gain unauthorized access to any user accounts
or computer systems or networks, through hacking, password mining or any other
means. You will not use any robot, scraper or other means to access the Platform
for any purpose.
8.
CHANGES TO THE AGREEMENT
We may, in our sole
discretion, from time to time, and without prior notice, modify or amend these
Terms of Service. It is your responsibility to review these terms and
conditions each time you use this website. Your continued use of the
Platform constitutes your acceptance of any changed terms and conditions; if
you do not agree with any changed terms and conditions, you must cease your use
of the Platform immediately.
9.
CHANGES TO THE PLATFORM
We reserve the right to change, suspend, or discontinue all or any part
of the Platform, temporarily or permanently, without prior notice. We
also reserve the right to delete or change any username or password at any
time, for any legal reason.
10.
LINKED THIRD-PARTY SITES
Areas of the Platform may contain links to other websites
operated by unrelated third parties. Please note that when you click on
any of these links, you are entering another website over which we have no
responsibility or control. Our inclusion of any link on the Platform does
not imply affiliation, endorsement or adoption by us of the linked site or any medical
or other information contained therein. We encourage you to read the
terms and conditions, data-gathering practices and privacy policies of all
linked sites, as they may materially differ from ours. You agree that we
shall not be responsible for any loss or damage of any sort incurred as a
result of any such links or as the result of the presence of such third party links
on this site. It is up to you to take precautions to ensure that whatever
linked material you select is free of items such as viruses, worms, Trojan
horses and other destructive items.
11.
TERM AND TERMINATION
The Agreement formed by your acceptance of these Terms of Service
commences upon such acceptance, and continues in force for the entire time you
make use of the Platform, until that use ceases or is terminated by either
Party. We may in our sole discretion
temporarily suspend or terminate your access to the Platform at any time, for
any legal reason. BetterMynd may in its discretion refuse to provide, or
continue to provide, access to the Platform to any person, entity or
organization at any time, for any legal reason.
12.
INDEMNIFICATION
Without limiting the generality or effect of other provisions of
this Agreement, as a condition of use, you agree to indemnify, hold harmless,
and defend BetterMynd and its parents, subsidiaries, affiliates, licensors,
suppliers and their officers, directors, affiliates, subcontractors, agents and
employees (collectively, "Indemnified
Parties" and each, individually, an "Indemnified Party") against all costs, expenses, liabilities
and damages (including reasonable attorneys’ and expert witness’ fees) incurred
by any Indemnified Party in connection with any third party claims arising out
of: (i) your failure to comply with any applicable laws and regulations; and
(ii) your breach of any of your obligations set forth in this Agreement.
You agree that you will not settle any third-party claim affecting the
Indemnified Parties (or any of them) without the prior written consent of such
Indemnified Party or Parties.
13.
RELEASE AND WAIVER
You hereby release and hold BetterMynd, its licensors, suppliers and
providers and any third party who promotes the Platform or provides you with a
link to the Platform harmless from any and all claims, demands, and damages of
every kind and nature (including, without limitation, actual, special,
incidental and consequential), known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with your use
of the Platform. To the full extent permissible under applicable law, you waive
the provisions of any state or local law limiting or prohibiting a general
release.
14.
EXCLUSIVE REMEDY
In the event of any problem with the Platform or any of its
content, you agree that your sole remedy is to cease using the Platform. In
no circumstances shall BetterMynd, any BetterMynd licensor or supplier, or any
third party who promotes the Platform or provides you with a link to the Platform
be liable in any way for your use of the Platform or any of its content,
including, but not limited to, any errors or omissions in any such content, any
infringement by any content of the intellectual property rights or other rights
of third parties, or for any loss or damage of any kind incurred as a result of
the use of any content.
15.
WAIVER OF RIGHT TO SUE
You agree that any disputes between you and
BetterMynd will be governed by the laws of the State of delaware, and resolved
by binding arbitration in the State of delaware. YOU AGREE TO WAIVE YOUR RIGHT TO
LITIGATE DISPUTES WITH BETTERMYND IN COURT, EXCEPT AS OTHERWISE PROHIBITED BY
APPLICABLE LAW, AND AGREE TO ABIDE BY THE DETERMINATION MADE BY A NEUTRAL
ARBITRATOR PURSUANT TO SUCH ARBITRATION.
16.
NO WARRANTY
Access to the Platform and the information contained therein is
provided "as is" and "as available" without any warranty of
any kind, express or implied. To the fullest extent permissible pursuant to
applicable law, BetterMynd disclaims all warranties of any kind, either express
or implied, including but not limited to any implied warranties of title, merchantability,
or fitness for a particular purpose or non-infringement. Without limiting the foregoing, we do not
warrant that access to the Platform will be uninterrupted or error-free, or
that defects, if any, will be corrected; nor do we make any representations
about the accuracy, reliability, currency, quality, completeness, usefulness,
performance, security, legality or suitability of the service or any of the
information contained therein. You expressly agree that your use of the
Platform and your reliance upon any of its contents is at your sole risk.
You shall be solely and fully responsible for any damage to the
service or any computer system, any loss of data, or any improper use or
disclosure of information on the service caused by you or any person using your
username or password. BetterMynd cannot and does not assume any
responsibility for any loss, damages or liabilities arising from the failure of
any telecommunications infrastructure, or the internet or for your misuse of
any protected health information, advice, ideas, information, instructions or
guidelines accessed through the service.
17.
LIMITATION OF LIABILITY
No Medical Advice or
Recommendations. You acknowledge and
agree that BetterMynd is not engaged in the practice of medicine and that we
are not offering any medical or health-related advice or recommendation to any
person. BetterMynd, its licensors, suppliers and all third parties who
promote the Platform or provide you with a link to the Platform expressly
disclaim any and all liability resulting from the delivery of healthcare or health-related
advice or recommendations to you by means of the Platform, including, but not
limited to, liability for professional or medical malpractice.
Exclusion of Certain Types
of Damages. In no circumstances shall BetterMynd, its licensors or
suppliers or any third party who promotes the Platform or provides you with a
link to the service, be liable for any punitive, exemplary, consequential,
incidental, indirect or special damages (including, without limitation, any
personal injury, lost profits, business interruption, loss of programs or other
data on your computer or otherwise) arising from or in connection with your use
of the Platform, whether under a theory of breach of contract, negligence,
strict liability, malpractice or otherwise, even if we or they have been
advised in advance of the possibility of such damages.
18.
OPERATION OF THE PLATFORM; RECORD RETENTION
We reserve complete and sole discretion with respect to the operation of
the Platform. Subject to applicable law,
we reserve the right to maintain, delete or destroy all communications and
materials posted or uploaded to the Platform without prior notice pursuant to our
internal record retention and/or destruction policies.
19.
NOTICES
You agree that we may send to you in electronic form any privacy
or other notices, disclosures, reports, documents, communications or other
records regarding the Platform or related services (collectively, "Notices"). We can send you
electronic Notices (1) to the e-mail address that you provided to us during
registration, or (2) by posting the Notice on the Platform or otherwise through
our site. The delivery of any Notice from us is effective when sent by us, regardless
of whether you read the Notice when you receive it or whether you actually
receive the delivery. You can withdraw your consent to receive Notices
electronically by canceling or discontinuing your use of the Platform.
20.
INTERNATIONAL USE
The Platform is designed for and intended only for users in the
United States. We make no representation that the information and services
provided on the Platform are applicable to, appropriate for, or available to
users in locations outside the United States. Accessing the Platform from
territories where the content is illegal is prohibited. If you choose to access
the Platform from a location outside the U.S., you do so on your own initiative
and you are responsible for compliance with local laws.
21.
COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that material appearing on
the Internet infringes their rights under U.S. copyright law. If you
believe in good faith that materials appearing on the Platform or the Site
infringe your copyright, you (or your agent) may send us a notice requesting
that the material be removed, or access to it blocked. In addition, if
you believe in good faith that a notice of copyright infringement has been
wrongly filed against you, the DMCA permits you to send us a
counter-notice. Notices and counter-notices must meet statutory
requirements imposed by the DMCA. One place to find more information is
the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright.
22.
NO EMERGENCY USE
IMPORTANT
INFORMATION ABOUT YOUR USE OF THE PLATFORM AND SITE: DO NOT USE THE PLATFORM OR
THE SITE FOR EMERGENCY MEDICAL NEEDS.
If you experience a medical emergency, call 911 immediately. THIS
WEBSITE, AND THE SERVICE, ARE BASED IN AND INTENDED FOR USE IN THE UNITED
STATES OF AMERICA ONLY; JURISDICTIONS OUTSIDE THE uNITED sTATES MAY NOT EMPLOY
911 FOR EMERGENCY DISPATCH. bETTERMYND
DOES NOT PURPORT TO PROVIDE ANY GUIDANCE FOR PROCEDURES TO BE USED IN CASE OF
EMERGENCIES OUTSIDE THE uNITED sTATES.
23.
MISCELLANEOUS PROVISIONS
Governing Law and
Jurisdiction. This Agreement shall
be governed by the laws of the State of Delaware without regard to its rules on
conflicts or choice of law. You hereby consent to the exclusive
jurisdiction of the courts of the State of Delaware for the resolution of any
dispute based upon or relating to this Agreement.
Entire Agreement. This Agreement constitutes the sole Agreement
between you and BetterMynd relating to your use and our provision of the
Service and the subject matter hereof, and no representations, statements or
inducements, oral or written, not contained in this Agreement shall bind either
you or BetterMynd.
Severability. Any of
the terms of this Agreement which are determined to be invalid or unenforceable
shall be ineffective to the extent of such invalidity or unenforceability,
without rendering invalid or unenforceable any of the remaining terms of this
Agreement or affecting the validity or enforceability of the Agreement as a
whole.
Waiver. Failure to insist on performance of any
of the terms of the Agreement will not operate as a waiver of any subsequent
default. No waiver by BetterMynd of any right under this Agreement will
be deemed to be either a waiver of any other right or provision or a waiver of
that same right or provision at any other time.
Assignment. You may not assign, transfer or delegate
your rights or obligations hereunder, in whole or in part. This Agreement
shall be binding upon and inure to the benefit of each of the parties and the
parties' respective successors and permitted assigns. Except as otherwise
specifically.
Electronic Facsimiles. A
printed version of this Agreement and of any related notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
BETTERMIND
PRIVACY POLICY
24.
OVERVIEW
BetterMynd operates
the Site and provides the Platform. We are committed to ensuring that your
personal information shared over our Site and/or Platform is protected and kept
confidential. By accepting BetterMynd’s Terms of Service or
providing information to us via our Site or Platform, you consent to the use
and disclosure of personally identifiable information as outlined in this
Privacy Policy. Please note that the use and disclosure of such information is
also subject to the practices of the Counselors using the Platform.
25.
SECURITY OF PERSONAL INFORMATION
We take your privacy and the security of your personal information
seriously. Your personal information
will be stored in a secure manner. We have implemented a variety of
commercially standard encryption and security technologies and procedures to
protect your personal information which is stored in our computer systems from
unauthorized access. We also maintain standard physical and electronic
procedural safeguards that limit access to your personal information to our
employees (or people working on our behalf and under confidentiality
agreements) who, through the course of standard business activities, need to
access your personal information.
26.
COLLECTION AND USE OF PERSONAL INFORMATION
Personal information or protected health information is
information that includes, but is not limited to, identifying data such as
name, college, college identification number, social security number, address,
contact information, as well as information about personal health issues
submitted through the Services. This is the information we aim to
protect.
We will only collect information that is voluntarily
submitted. We know that privacy is of the utmost importance. We
vigorously believe in keeping confidential any and all personally identifiable
information that identifies an individual user whether or not it relates to an
individual's past, present, or future physical or mental health
condition.
As a Business Associate of health care providers that are Covered
Entities under the federal health care privacy and security rules (HIPAA and
HITECH), we maintain protected health information (PHI) in compliance with
these rules and our contractual obligations with health care providers.
Currently our main focus is providing a platform to allow individuals to
receive telehealth Services from various behavioral health providers. We
collect information solely for the purposes of providing the Platform and
associated services, marketing and promoting the Platform and such services to
you, as well as for market research data.
We assume you are giving consent to this information collection
and use, but we also give you the opportunity to "opt out" of
receiving direct marketing or market research information by emailing us at providers@BetterMynd.com.
We maintain web logs to record data about all visitors who use the
Site and interact with the Platform and we will store this information.
These logs may contain IP address information, types of operating system you
use, the date and time you visited the site, and information about the type of
device you use to connect to the Site, the Platform and related services.
All Web logs are stored securely and are accessible to a very
limited number of employees and contractors, who have to adhere to strict
guidelines regarding user data security and privacy.
27.
NON-PERSONAL IDENTIFICATION/COOKIES TECHNOLOGY
We use cookie technology in the aggregate as opposed to using any
personally identifiable information, to understand how our users collectively
use our Site and Platform. This helps us continually improve our services. Most
web browsers are set to accept cookies, but if you prefer not to receive
cookies you can set your browser to warn you or refuse cookies all together by
turning them off in your browser.
We may also use non-personal information to analyze data into
useful information. This process of data mining is done in the aggregate, is
non-personal, and allows Company to find correlations and patterns in the data.
28.
SAFEGUARDS EMPLOYED
We use account information in a password-protected environment as
a security measure to protect your data. We use administrative, physical
and technical safeguards to protect data. We maintain a high level of
data protection via safeguards such as data backup, audit controls, access
controls, and some data encryption. The Site and the Platform use
industry standard SSL encryption to enhance security of electronic data
transmissions. In addition, we urge you to take precautionary measures in
maintaining the integrity of your data. Please be responsible in making
sure no one can see or has access to your personal account and log-in/password
information. If you use a public computer, e.g., at a library or a university, always remember to log out of
the Site or Platform.
If you use our Site or Platform through a public computer network
or through an internet café, library or other potentially non-secure internet
connection, such use is at your own risk. It is your responsibility to check
beforehand on such other site's privacy and security policy with respect to
Internet use.
We are not responsible for your handling, sharing, re-sharing
and/or distribution of users’ personal health information. Moreover, if
you forward personal health information electronically to another person on or
off the Site or Platform, we are not responsible for any harm or other consequences
from third-party use or re-sharing of your information.
29.
SELF REVIEW OF DATA AND ABILITY TO DELETE YOUR
ACCOUNT INFORMATION
You may request to delete any personal information and to
de-authorize the collection of personal information in the future by sending us
an email at providers@BetterMynd.com.
30.
THIRD PARTY SITES/TRUSTED RELATIONSHIPS
As noted above, BetterMynd is a Business Associate of health care
providers under HIPAA and we share information with health care providers who
provide services to individuals, and they share information with us, for
purposes related to treatment, payment and health care operations, and
otherwise as agreed or authorized by users.
Our Site and Platform may contain links to other websites
maintained by unrelated third parties. We do not share your personally
identifiable information with those websites (unless you specifically authorize
such sharing) and are not responsible for their privacy procedures. We
seek to work with trusted partners and organizations that will adhere to
similar privacy and ethical standards. However, we encourage you to learn
their particular privacy policies.
We disclose personally identifiable information about you as
required or permitted by law, including complying with legal process (for
example, we may disclose your information as necessary to comply with an
authorized civil, criminal or regulatory investigation). We fully
cooperate with law enforcement agencies in identifying those who use our
services for illegal activities and may, in our sole discretion, disclose
personal information or other information to satisfy any law, regulation,
subpoena, or government request. We reserve the right to release personal
information or other information about users who we believe are engaged in
illegal activities or are otherwise in violation of our Terms of Service, even
without a subpoena, warrant or court order, if we believe, in our sole
discretion, that such disclosure is necessary or appropriate to operate our web
site or to protect our rights or property, or that of our affiliates, or our
officers, directors, employees, agents, third-party content providers, suppliers,
sponsors, or licensors. We also reserve the right to report to law
enforcement agencies any activities we reasonably believe in our sole
discretion to be unlawful. If we are legally compelled to disclose
information about you to a third party, we will attempt to notify you by
sending an email to the email address in our records unless doing so would
violate the law or unless you have not provided your email address to
us.
31.
CHANGES TO THIS PRIVACY POLICY
We may amend our Privacy Policy in the future. In the event
changes are made, we will be sure to post changes at the Site and at other
places we deem appropriate.
32.
QUESTIONS OR SUGGESTIONS
If you have any questions or suggestions on ways we can improve
our Privacy Policy with respect to personal information, please email us
at providers@BetterMynd.com.
SPECIAL TERMS
AND CONDITIONS FOR COUNSELORS
The following Special Terms and Conditions are an
inextricable and legally-binding part of the BetterMynd Terms of Service but
they apply only to Counselors. Capitalized Terms that are not otherwise defined
herein shall have the meanings ascribed to them in the BetterMynd Terms of
Service.
33.
PRIORITY OF AGREEMENTS
These Special Terms and Conditions for Counselors apply to all use of the
Platform by Counselors. It is contemplated that each Counselor that uses the
Platform will also enter into a separate contract with BetterMynd that will
more fully define the parties’ relationship (hereinafter, the “Counselor
Agreement”). If and
to the extent there exists a conflict between any provision of these Special
Terms and Conditions for Counselors and any Counselor Agreement, the terms and
conditions of the Counselor Agreement shall govern.
34.
ACKNOWLEDGEMENT BY COUNSELOR
By accepting these Terms of Service, you acknowledge
that you understand and agree with the following:
1.
The laws that protect privacy and the
confidentiality of medical information also apply to telemedicine;
2.
Telemedicine may involve electronic communication
of my personal medical information to medical practitioners who may be located
in other areas, including out of state.
3.
Student healthcare information may be shared
with other individuals for treatment, payment and healthcare operations
purposes. Psychotherapy notes are maintained by clinicians but are not shared
with others.
4.
Student healthcare information may be shared in
the following circumstances: (i) When a valid court order is issued for
medical records; (ii) Reporting suspected abuse, neglect, or domestic
violence; and (iii) Preventing or reducing a serious threat to anyone's
health or safety.
35.
INFORMED CONSENT
By clicking the "ACCEPT" button you
acknowledge that you are consenting to provide mental health care services to
Students via the Platform. The scope and substantive content of the care provided
will be at your sole discretion, with no guarantee of diagnosis, treatment, or
prescription. You will determine whether or not the condition being diagnosed
and/or treated is appropriate for a telehealth encounter coordinated via the Platform.
BetterMynd respects and upholds patient confidentiality with respect to
protected health information as outlined by the Health Insurance Portability
and Accountability Act ("HIPAA"), and, subject to HIPAA regulations, we
will obtain express patient consent prior to sharing any patient-identifiable
information with a third party for purposes other than treatment, payment or
health care operations. In addition, by clicking the "ACCEPT" button
you are authorizing us to release your contact information solely in order for
BetterMynd to provide you with marketing materials promoting the Platform.
The communications systems used will
incorporate network and software security protocols to protect the
confidentiality of patient information and will include reasonable measures to
safeguard the data and to ensure its integrity against intentional or
unintentional corruption.
36.
GEOGRAPHIC RESTRICTION
You certify that you are physically located in the state
you specified upon registration (the “Registered
State”), and agree at all times to only interact using the Platform with Students
located in the Registered State. You
represent that you are a certified mental health counselor in the Registered
State. You acknowledge that your ability to access and use the Platform is
conditional upon the truthfulness of the representations you make at the time
of making contact with a Student; and that the Students you communicate with
are relying upon these representations in order to interact with you. You agree to indemnify BetterMynd from any damages,
costs or claims arising in any way from the breach of any of the foregoing
representations.
37.
Changes in Fees
You acknowledge that we can change any charges
associated with your use of the BetterMynd Platform at any time, so long we
provide you at least thirty (30) days’ advance written notice of any fee
increase that would affect you.
© 2017 Bettermynd
Inc. All Rights Reserved.