Last Modified: June 2020
Welcome to Choosing Therapy! Your health is important to us. Please carefully review the information below. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Choosing Therapy’s platform is not appropriate to address emergency or life-threatening medical conditions and should not be used as such. Choosing Therapy may direct you to emergency room services or another appropriate facility at any time.
1. License Grant. You must be at least the age of majority in your jurisdiction (an adult) to use the Choosing Therapy Platform. Subject to the terms of this Agreement, Choosing Therapy allows to you a limited, non-transferable, non-exclusive right to use the Site for the purposes of accessing and using the Services in accordance with this Agreement. You may also read the publicly accessible informational content on the Site for educational purposes at any time, whether or not you obtain Services.
Subject to the terms of this Agreement (including but not limited to the payment of any fees), Choosing Therapy will make the Services available for use by Participant through the Choosing Therapy Platform. Participant’s use of the Services may be subject to additional terms and conditions presented when registering or otherwise accessing the Platform.
2. Restrictions on Use. You agree that the Choosing Therapy Platform is owned by Choosing Therapy. You may not share your account authentication credentials with anyone else or otherwise permit anyone other than yourself to access the Choosing Therapy Platform. You are responsible for maintaining confidentiality of your own account authentication credentials and all activities that occur using your account authentication credentials. Unless otherwise specifically agreed by Choosing Therapy in writing, you will not (a) modify, make derivative works of, reverse engineer, decompile or disassemble the Choosing Therapy Platform, (b) modify copyright and other proprietary notices of Choosing Therapy’s or its licensors’ proprietary rights in the Site or Choosing Therapy Platform, (c) make the Choosing Therapy Platform available in any manner to any third party for use in the third party’s business operations, (d) access or use (or permit third parties to access or use) the Choosing Therapy Platform in order to build or support any products or services competitive with the Choosing Therapy Platform, or (e) inaccurately or falsely represent your current location, your address, your medical history, information about your medical condition, or otherwise inaccurately or falsely represent yourself to Choosing Therapy and Choosing Therapy’s
affiliated healthcare providers. You may not make copies of the Site. The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, displays, images, text, algorithms, video and audio, and the design, selection, and arrangement thereof) are the property of Choosing Therapy or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Choosing Therapy reserves all rights in this regard.
You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or
3. Consent to Treat. You consent to receive care from Choosing Therapy’s affiliated healthcare services provider(s) using electronic interactive audio, video, or data communications, specifically through use of the Choosing Therapy Platform, where such health care may include consultation, diagnosis, treatment, and transfer of electronic health records and healthcare data (each instance, a “telehealth consultation”). In addition to the terms of the Informed Consent, you understand and agree to be treated via a telehealth consultation, which inherently includes limitations presented by a virtual (not in-person) visit. You understand that there are risks and consequences inherent in telehealth, including, but not limited to:
- Delayed health evaluation and treatment due to telecommunication equipment
failures or information transmission errors (e.g. poor image quality);
- the possibility that the transmission of your health information could be disrupted
or distorted by technical failures; or
- unauthorized access of protected health information (PHI) as a result of cyber
security or other security breaches.
You agree that it may not be appropriate or possible to select a specific provider of your choosing. You agree to accurately disclose your location prior to participating in a telehealth consultation using the Choosing Therapy Platform. Choosing Therapy’s affiliated healthcare service providers will be permitted to provide a telehealth consultation only if you are located in a state and jurisdiction in the United States in which such providers are duly licensed to practice their profession. Choosing Therapy does not warrant nor otherwise guarantee the availability of a healthcare service provider to you. Choosing Therapy’s affiliated healthcare service providers may have a financial interest in Choosing Therapy.
During your telehealth consultation, you consent to the following:
i. Details of your health information may be discussed with the healthcare service provider(s) through the use of electronic interactive audio, video or data communications technology;
ii. A virtual assessment of you may take place;
iii. Non-professional technical personnel may be present in the telehealth studio, either physically or virtually, to aid in delivery of services; and
iv. Video, audio or digital photo may be recorded during the telehealth consultation.
All existing laws regarding your access to healthcare information and copies of your health records apply to your telehealth consultation. Reasonable and appropriate efforts will be made to eliminate any confidentiality risks associated with your telehealth consultation. All existing confidentiality protections under applicable federal and state law apply to information disclosed during your telehealth consultation. You may withhold or withdraw consent to the telehealth consultation at any time without affecting your right of future care or treatment.
4. Account Registration and Security. Each registration is for a single user only. You understand and agree that only one account is permitted per user, and you may not use alternate identifying information to create more than one user account. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Choosing Therapy Platform if you share your login credentials. You are responsible for maintaining the confidentiality of your login credentials.
5. Access. Your account provides you with unlimited access to the Choosing Therapy Platform at no additional charge, other than amounts charged by affiliated providers for Services.
6. Payment and Billing Services. Choosing Therapy uses the Stripe API provided by Stripe, Inc. to process payments for services provided through the Choosing Therapy Platform. Payment processing is subject to the Stripe Connected Account Agreement (https://stripe.com/us/connect-account/legal) [and any other applicable Stripe agreement provided on the Stripe.com website]. By agreeing to these terms or continuing to utilize the Choosing Therapy Platform, you agree to be bound by the above referenced agreements, and agree that such agreements may be modified by Stripe from time to time. As a condition of Choosing Therapy enabling payment process services through Stripe, you agree to provide Choosing Therapy accurate and complete information about you and your payment information and you authorize Choosing Therapy to share it and transaction information related to your use of the payment processing services provided by Stripe.
You understand and agree that Choosing Therapy will not be liable for any adverse event that arises from the processing of your payment through Stripe.
7. Health Savings Account Requirements. You acknowledge that Choosing Therapy is not obligated to verify your Health Savings Account (“HSA”) status or eligibility.
8. No Warranty. Due to the developmental nature of the Choosing Therapy Platform, Choosing Therapy makes no warranties regarding the performance of the Choosing Therapy Platform or the compatibility between the Choosing Therapy Platform and any future versions of it. The Choosing Therapy Platform is provided AS-IS. Choosing Therapy has no obligation whatsoever to furnish any maintenance and support services with respect to the Choosing Therapy Platform. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROFESSIONAL SUPPORT SERVICES AND THE SITE AND SERVICES (INCLUDING BUT NOT LIMITED TO ANY HEALTHCARE SERVICES PROVIDED IN CONNECTION THEREWITH) ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND CHOOSING THERAPY SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT CHOOSING THERAPY AND ITS LICENSORS MAKE NO WARRANTY THAT THE CHOOSING THERAPY PLATFORM WILL MEET YOUR REQUIREMENTS OR BE ERROR-FREE OR WITHOUT INTERRUPTION; THAT ALL ERRORS WILL BE CORRECTED; THAT THE CHOOSING THERAPY PLATFORM WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK; OR THAT YOUR SPECIFIC REQUIREMENTS WILL BE SATISFIED. YOU ACKNOWLEDGE THAT CHOOSING THERAPY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE CHOOSING THERAPY PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS. CHOOSING THERAPY WILL NOT BE LIABLE FOR ANY ALTERATION, THEFT, DESTRUCTION OR LOSS OF YOUR DATA, FILES, OR PROGRAMS OR ANY PARTICIPANT DATA.
9. Limitation of Liability. CHOOSING THERAPY IS NOT A PROFESSIONAL PRACTICE. ALL PROFESSIONAL SERVICES WILL BE PERFORMED BY
CHOOSING THERAPY’S AFFILIATED SERVICE PROVIDERS AND CHOOSING THERAPY WILL HAVE NO LIABILITY THEREFOR. THE TECHNICAL SERVICES PROVIDED BY CHOOSING THERAPY ARE NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE HEALTH CONDITION, AND SHOULD NOT BE CONSIDERED THE PRACTICE OF ANY PROFESSION.
HARDWARE AND SOFTWARE IS COMPLEX AND MAY NOT BE COMPLETELY FREE OF ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHOOSING THERAPY WILL NOT BE LIABLE FOR ANY DAMAGES ARISING UNDER THIS AGREEMENT. YOU SHOULD CONTACT CHOOSING THERAPY IF YOU HAVE ANY CONCERNS OR CLAIMS RELATING TO THE CHOOSING THERAPY PLATFORM.
10. Confidentiality. “Confidential Information” includes all confidential or proprietary aspects of the Site and Services, including any of its features and functionalities, in addition to any information you submit through the Choosing Therapy Platform that a reasonable person would expect under the circumstances of disclosure to be kept confidential (e.g., any personal information or health information).
Choosing Therapy and you (each, a “Party”) will not disclose the Confidential Information of the other Party and will use the Confidential Information of the other Party only to exercise rights and fulfill obligations under this Agreement, while using reasonable care. The receiving Party may disclose Confidential Information of the discloser when required by law after giving reasonable notice to the discloser, if permitted by law. Except for the limited use rights under this Agreement, neither Party acquires any right, title, or interest in the other Party’s Confidential Information.
The Parties agree that any breach of this section by the other may cause irreparable injury not adequately compensable with monetary damages. Accordingly, in addition to any rights otherwise available at law, in equity or by statute, the non-breaching Party is entitled to seek injunctive and other equitable relief.
11. Use of De-Identified Data. Choosing Therapy collects certain data from users of the Choosing Therapy Platform that it maintains in de-identified form for purposes of research, analytics and similar purposes. Such de-identified data is the sole property of Choosing Therapy and may be shared with third parties in aggregate form, but not in a manner that would allow any individual to be identified personally.
12. Third-Party Content. The Choosing Therapy Platform may contain other content, products or services which are offered or provided by third parties (“Third-Party Content”), links to Third-Party Content (including links to other websites), or advertisements which are related to Third-Party Content. We have no responsibility for the creation of any Third-Party Content, including without limitation any related products, practices, terms or policies, and we will not be liable for any damage caused by any Third-Party Content.
13. Term. Choosing Therapy may suspend or terminate your use of the Choosing Therapy Platform by terminating your account for any reason at any time. Choosing Therapy may maintain, delete or destroy all communications and materials posted or uploaded to the Choosing Therapy Platform per its record retention or content destruction policies. Whether during the term or after termination of this Agreement, Choosing Therapy has no obligation to continue to provide the Choosing Therapy Platform or Services; however, Choosing Therapy will provide access to any of your health records in Choosing Therapy’s possession as a result of this Agreement as may be required under applicable legal, ethical and professional obligations.
14. Notices. Notices from either Party to the other shall be in writing and may be sent via email. You can notify Choosing Therapy Inc., [email protected] with any questions, complaints, or claims with respect to the Choosing Therapy Platform. Notices from Choosing Therapy to you will be sent to the email address previously provided by you.
15. Dispute Resolution; Binding Arbitration. Please read the following section carefully because it requires you to waive your right to a jury trial and arbitrate certain disputes and claims with Choosing Therapy and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under this Agreement.
Except for small claims disputes in which you or Choosing Therapy seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Choosing Therapy seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Choosing Therapy waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement or the Choosing Therapy Platform resolved in court. Instead, for any dispute that you have against Choosing Therapy, you agree to first contact Choosing Therapy and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Choosing Therapy by email at [email protected] or by certified mail addressed to: Choosing Therapy Inc., 10 Saint Paul’s Place, Apt 1L, Brooklyn, NY 11226. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Choosing Therapy cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either Party may, as appropriate in accordance with this section, submit the dispute to binding arbitration administered by the Judicial Arbitration and Mediation Services (“JAMS”) or, where applicable, in court. All submitted disputes will be resolved through confidential binding arbitration held in New York, New York accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of JAMS, which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive the opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Choosing Therapy agree that any dispute arising out of or related to this Agreement or the Choosing Therapy Platform is personal to you and Choosing Therapy and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
This Agreement affects interstate commerce and the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, this Agreement and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by this Agreement. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.
The arbitrators, Choosing Therapy, and yourself will maintain the confidentiality of any proceedings including, but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary. You and Choosing Therapy agree that for any arbitration you initiate, you will pay the filing fee and Choosing Therapy will pay the remaining JAMS fees and costs. For any arbitration initiated by Choosing Therapy, Choosing Therapy will pay all JAMS fees and costs. The state or federal courts of the State of New York and the United States sitting in New York, New York will have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to this Agreement or the Choosing Therapy Platform must be filed within one (1) year after such claim arose; otherwise, to the maximum extent permitted by applicable law, the claim is permanently barred, which means that you and Choosing Therapy will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 15 by emailing [email protected] In order to be effective, the opt-out notice must include your full name and address, and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15.
If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
16. Governing Law. This Agreement and your use of the Choosing Therapy Platform are governed by the laws of the State of New York without regard to its conflict of laws principles. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of New York.
17. Miscellaneous. If any provision of this Agreement is adjudged to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected thereby. The provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and this Agreement shall in any event otherwise remain valid and enforceable. In no event will Choosing Therapy be deemed in default hereunder based on delay in, or failure of, performance (other than the payment of money) if caused by floods, fires, storms or other acts of God, by war or acts of public enemy, including terrorism, or civil disturbance, strikes, lockouts, shortage of labor, labor disputes or labor trouble, problems in obtaining raw materials, power
failure, equipment failure, transportation shortages or failures, actions of any governmental or other authority, or any other cause not within Choosing Therapy’s reasonable control. This Agreement is for the benefit of and shall be binding upon the parties. No third party shall be considered a third-party beneficiary hereunder. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Choosing Therapy.
18. Responsibility for Security Devices. You are responsible for the security of your information system(s), including its network and related computer equipment and peripherals. If you are accessing the Choosing Therapy Platform through a mobile device, you are solely responsible for the access and use of such mobile device, and must keep secure your ID and password at all times. You are encouraged to fully utilize all security features, including locking, within the mobile device. You agree that it is your responsibility to comply with all applicable laws, rules, or regulations (“Applicable Laws”), and ensure adequate security of your information system(s). Each of you and Choosing Therapy agree to notify the other of any violation of data security of which you
or Choosing Therapy become aware.
19. Prohibited Uses. You agree not to:
- Upload or transmit any communication or content of any type that infringes or violates any rights of any party.
- Use, modify, sell, assign or transfer the content or reproduce, display, publicly perform, distribute, post, transmit, or otherwise use this Site or any of its contents in any way for any public or commercial purpose.
- Reverse engineer, disassemble or decompile any software included in connection with the Site.
- Use the Site for any purpose in violation of local, state, national, or international laws.
- Use the Site as a means to distribute or post advertising or other unsolicited material to any third party.
- Impersonate any person or entity or falsely represent your identification or affiliation.
- Inaccurately or falsely represent your current location, your demographic location, your address, your medical history, information about your health
condition, or otherwise inaccurately or falsely represent yourself to Choosing Therapy and Choosing Therapy’s affiliated healthcare providers.
- Distribute viruses or other harmful computer code.
- Harvest or otherwise collect information about others.
- Promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behavior.
- Interfere with the operation of the Site.
- Copy or distribute in any medium any part of the Site.
- Use or access the Site in an abusive, excessive, or inappropriate manner as determined in the sole discretion of Choosing Therapy.
If we become aware that an individual is using the Site or Services in violation of these Terms, we may prohibit and block or terminate such individual from using the Site or Services.
BY YOUR USE OF THE CHOOSING THERAPY PLATFORM, YOU INDICATE THAT YOU HAVE AGREED TO ALL OF THE ABOVE TERMS.