TERMS OF SERVICE
LAST MODIFIED: February 24, 2021
You must agree to and accept all of the terms of the Services Agreement. If you do not accept any of the terms in the Services Agreement, you do not have the right to use the Services.
PLEASE CAREFULLY REVIEW THE IMPORTANT DISCLAIMERS BELOW BEFORE USING THE SERVICES
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
Please note that we offer the Services “AS IS” and without warranties. If you create an account or use the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept the Services Agreement on such individual’s or entity’s behalf.
1. ABOUT THE WEBSITE AND SERVICES
Our Services help you connect with therapy providers (referred to here as “Clinicians” for simplicity). Our Services do not include counseling.
Our Services may provide, or make accessible to you, various Content, such as text, data, graphics, images, video, audio, information, guidance, and other materials provided, made available or otherwise found through the Services and/or Website, including without limitation provided in a blog post, articles, or in direct response to your questions or postings.
You acknowledge that although some Content accessible through our Services may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you in choosing a Clinician or other healthcare professional (collectively, “Healthcare Provider”).
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE SERVICES.
2.1 WE DO NOT PROVIDE COUNSELING OR MEDICAL ADVICE
We do not provide counseling services or medical advice. The Content that you obtain or receive from MyTherapyPros, its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise through the Services, is for informational, scheduling, and payment purposes only.
All medically related information, including, without limitation, information shared via the Services, for example, through the MyTherapyPros blog, MyTherapyPros FAQ, emails and text messages, and MyTherapyPros or MyTherapyPros, is for informational purposes only.
THE CONTENT PROVIDED THROUGH OUR SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL COUNSELING, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING COUNSELING AND/OR MEDICAL ADVICE FROM A QUALIFIED MEDICAL OR HEALTHCARE PROFESSIONAL, UNDER ANY CIRCUMSTANCE.
DO NOT USE OUR SERVICES FOR EMERGENCY MEDICAL NEEDS.
IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE WEBSITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE COUNSELING, THE PRACTICE OF MEDICINE, SOCIAL WORK, NURSING, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific Clinicians, any Healthcare Providers that may contribute Content or advertise with us, or any other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources.
2.2 SERVICES ARE PROVIDED “AS IS”; NO WARRANTIES
You acknowledge that we have no control over and no duty to take any action regarding (a) which Users gain access to the Website and/or the Services, (b) what Content you access, (c) what effects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take as a result of having been exposed to the Content.
WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MyTherapyPros MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. MyTherapyPros DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE, OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR WEBSITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
3. NO PATIENT RELATIONSHIP
CLINICIANS AND OTHER HEALTHCARE PROVIDERS MAY USE THE SERVICES TO SHARE CONTENT WITH YOU, BUT YOUR USE OF THIS CONTENT IS NOT A SUBSTITUTE FOR THE SERVICES OF A MEDICAL OR HEALTHCARE PROFESSIONAL. NO HEALTHCARE OR MEDIAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM MYTHERAPYPROS INCLUDING, WITHOUT LIMITATION, THE “BOOK AN APPOINTMENT” FEATURE, ARTICLES POSTED ON THE WEBSITE, MYTHERAPYPROS BLOG, MYTHERAPYPROS EMAILS OR TEXT MESSAGE LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE CLINICIANS OR OTHER HEALTHCARE PROVIDER IN ANY FIELD.
MyTherapyPros encourages the Clinicians to use the Services responsibly, but we have no control over and cannot guarantee the availability of any Clinicians at any particular time. We will not be liable for canceled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting from or arising from, or related to, the use of the Website or Services whatsoever.
4. AUTHORIZATION AND ACKNOWLEDGEMENT; IMPORTANT INFORMATION ABOUT CLINICIAN RELATIONSHIPS AND CLINICIAN LISTS
In connection with using the Website and the Services to locate and schedule appointments with Clinicians, you understand that:
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN CLINICIAN, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE CLINICIAN IS SUITABLE FOR YOUR NEEDS BASED ON EXPERIENCE, QUALIFICATION, LICENSES, AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.
MyTherapyPros takes certain limited steps to verify that the Clinicians on MyTherapyPros platform hold certain degrees, active practice licenses, certifications or registrations required by law to practice the specialties of the services offered by them through the Services MyTherapyPros may also exclude Clinicians from our Services who, in MyTherapyPros’ discretion, have engaged in inappropriate or unprofessional conduct.
If you schedule and pay for an appointment through the Website you owe no additional payment to the Clinician for your appointment. The Clinicians listed through the Services enter into contracts with us and agree to be paid from the fee you pay when you schedule your appointment. We retain a portion of that fee in order to market the Clinicians through the Services.
Note that MyTherapyPros (a) does not recommend or endorse any Clinician, (b) does not make any representations or warranties with respect to the Clinicians or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Clinicians for featuring them through the Services.
We may send communications, for example to confirm or remind you of appointments, to confirm payment, and for other purposes, to you on your mobile telephone by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider.
5. CHANGES TO THE SERVICES, CONTENT, AND WEBSITE
We may update the Website, Content, or Services from time to time, but they are not necessarily complete or up-to- date. Any of the Content, Website, or Services be out of date at any given time, and we are under no obligation to update them. Clinician information and practice related Content is intended for general reference purposes only. Such Content can change frequently and may become out of date, incomplete, or inaccurate. Neither the Website nor MyTherapyPros provides any advice or qualification certification about any particular Clinician.
6. YOUR PERSONAL INFORMATION
7. YOUR RESPONSIBILITIES
7.1 Your Account LogIn
When you create a MyTherapyPros account, you will provide an email address and create a password (collectively, “LogIn”). You should keep your LogIn private and not share your LogIn with anyone else. You must immediately notify us if your password has been stolen or compromised by sending an email to firstname.lastname@example.org
You may also be able to connect to the Services through a third-party service, such as Facebook or Google. If you connect to the Services through a third-party service, you give us permission to access and use your information from such third-party service as permitted by such third-party service and to store your login credentials for such third-party service. MyTherapyPros has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed by any such third-party.
7.2 Your Responsibilities Generally
- You are responsible for the payment of your counseling sessions.
- You are responsible for ensuring that all information that you provide to MyTherapyPros is accurate and up-to-date, including your insurance information.
- You are responsible for all use of the Services and for all use of your LogIn, including use by others to whom you have given your LogIn.
- You may only use the Website and the Services for lawful, non-commercial purposes.
- You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Website or the Services.
- You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks through hacking, password mining or any other means.
- You may not accumulate or index, directly or indirectly, any Content or portion of the Website and/or Services for any purpose whatsoever.
- You are also responsible for reviewing and complying with the terms set forth in our Acceptable Use Policy.
In addition to our rights in these Terms, we may take any legal action and implement any technological measures to prevent violations of the restrictions hereunder and to enforce these Terms or our Acceptable Use Policy.
7.3 Responsibilities of Healthcare Providers and Others in the Healthcare or Medical Industries
If you are a Healthcare Provider, Clinician, or other person or entity in the healthcare or medical industries, regardless of whether you maintain an account with MyTherapyPros or whether you schedule or intend to schedule appointments (including appointments with Clinicians) through the Services, you acknowledge and agree that:
- You will not use the Services to view, access, or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient.
- You will not use the Services, directly or indirectly, to engage in any anti competitive, deceptive, or unfair practices or otherwise violate applicable antitrust, competition, or consumer protection laws or regulations.
7.4 Acceptable Use Policy
You agree not to use the Services in any unlawful, infringing, tortious or harmful manner; in any way that violates another party’s intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
- copy, modify, adapt, translate, or reverse engineer any Content or portion of the Website;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Website or on any Content;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website;
- reformat or frame any Content or portion of the web pages that are part of the Website;
- fraudulently or intentionally misuse the Services, including without limitation scheduling an appointment with a Clinician which you do not intend to keep;
- create user accounts, book appointments by automated means or under false or fraudulent pretenses;
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or
- use any means, including software means, to conduct web scraping of any portion of the Website, or Content.
You may not use contact information provided by our users, Clinicians, or other Healthcare Providers, or harvest such information for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications, such as SPAM. We may immediately terminate your registration or access to the Services and take other legal action if you or anyone using your LogIn violates these provisions.
8. CHANGES TO THE SERVICES; NEW SERVICES
8.1 Changes to the Services; New Services
We may, from time to time, add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Under no circumstances will MyTherapyPros be liable for any suspension or discontinuation of any of the Services or portion thereof, and the use of new services will be governed by the Services Agreement.
9.1 Payment and Transaction Processing Generally.
9.2 Payment of Your Financial Obligations Under Your Insurance Coverage and Benefits.
You may be able to sue your Insurance Coverage to pay for Services. While we endeavor to use reasonable efforts to validate your insurance information, such as coverage and benefits, we make no guarantees and disclaim all warranties that the insurance information is correct since the insurance information is provided by the insurance provider or via a third-party clearinghouse.
You acknowledge and agree that you are responsible for and you will pay the price for your appointment with your chosen Clinician.
10. LINKS TO OTHER WEBSITES
While using the Services, you may encounter links to other websites. These links are provided for your convenience only, and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.
11. CONTENT YOU POST OR SUBMIT
You may post reviews, comments, feedback and other content (together “Posts”) related to MyTherapyPros through MyTherapyPros’ sites on social networking or other platforms (“Web Platforms”), such as Facebook, Google, Instagram, LinkedIn, and others. You permit MyTherapyPros to publish such Posts, in whole or in part, on the Website as part of the Content.
You understand and agree that any Posts are governed by the policies and terms of the respective Web Platform, and MyTherapyPros is not responsible for the actions of such Web Platforms.
You understand and agree that You may not post or submit information or materials anywhere that falsely express or imply sponsorship or endorsement by MyTherapyPros.
12. INTELLECTUAL PROPERTY RIGHTS
The Website and all of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain MyTherapyPros’ proprietary information. We give you permission to use the Content for personal, non commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services.
You may print, download, and store information from the Website for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the Content, or exploit the Website or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither MyTherapyPros nor its suppliers grant you any express or implied rights, and all rights in the Website and the Services not expressly granted by MyTherapyPros to you are retained by MyTherapyPros.
13. GENERAL LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE WEBSITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO CREATE OR MAINTAIN AN ACCOUNT WITH THE WEBSITE OR THE SERVICES, OR (b) $100; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR PAYMENT USING THE SERVICES, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY THEREOF REGARDLESS OF THE FORM OF ACTION EXCEED THE TOTAL AMOUNT OF PAYMENTS, IF ANY, RETAINED BY MYTHERAPYPROS FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD-PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
If you or someone using your LogIn are not using the Services appropriately and consistent with the Services Agreement or with other policies and terms posted on the Website or through the Services, we reserve the right to terminate, suspend and/or deactivate your account immediately, without notice, and to prevent you from making appointments through our Services.
We may also terminate, suspend, or deactivate your account for any other reason, including inactivity for an extended period. MyTherapyPros shall not be liable to you or any third-party for any termination, suspension, or deactivation of your access to the Website and/or the Services.
Sections 1, 2, 3, 4, 6, 8, 10, 11, 12, 13, 14, 15, and 16 shall survive any termination or expiration of these Terms.
16.1 Electronic Contracting; Copyright DMCA Policy
Please review our Copyright Policy.
16.2 Changes to These Terms of Service
16.3 Limitation of Claims
No action arising under or in connection with the Services Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
16.4 Choice of Law; Arbitration Clause
Any dispute relating to the Website, Services, Content, and the Services Agreement will be resolved according to this section. The Services Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THE SERVICES AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY.
Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms or the Services Agreement.
16.5 Waiver and Severability
No waiver by MyTherapyPros of any term or condition set out in these Terms or the Services Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the MyTherapyPros to assert a right or provision under these Terms or the Services Agreement shall not constitute a waiver of such right or provision. If any provision of these Terms or the Services Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.
16.6 Entire Agreement
The Services Agreement and any supplemental terms, policies, rules, and guidelines posted through the Services, each
The headings of the sections of the Services Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope, or intent of the Services Agreement or any terms or conditions therein.
We may assign the Services Agreement at any time, including, without limitation, to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense the Services Agreement to anyone else, and any attempt to do so in violation of this section shall be null and void.
You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to create an account with us or use the Website and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Website or Services only under the supervision of your parent or guardian who has agreed to these Terms. Those under the age of 13 may not use the Website or Services. Parents or legal guardians of a child under the age of 18 may use the Website or Services on behalf of such minor child. By using the Website or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms to “you” shall refer to such child or such other individual on whose behalf you have the authorization to enter into these Terms and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.
By using the Website and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms. The Website is administered in the U.S. and intended for U.S. users only; any use outside of the U.S. or use related to activities outside of the
U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state, or federal laws applicable to their use of the Services or the Website.
At Teletherapeutics, Inc., doing business as MyTherapyPros (“MyTherapyPros,” “Company,” “we,” or “us”), we respect your privacy and are committed to protecting it through our compliance with this policy. We take great care with your personal information that we gather when you access or use the mytherapypros.com website (the
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect several types of information from and about users of our Website, including:
Personal Health Information (PHI) under HIPAA
Certain demographic, health and/or health related information that MyTherapyPros collects about Consumers as part of providing the Services to our Clinicians may be considered “Protected Health Information” or “PHI” under the Health Insurance Portability and Accountability Act (“HIPAA”). Specifically, MyTherapyPros may be acting as a “Business Associate” (as such term is defined in HIPAA) when MyTherapyPros receives identifiable information about a Consumer from or on behalf of (including when provided by the Consumer) a Clinician, or Consumer’s doctor, dentist, or another healthcare specialist, professional, provider, organization or agent or affiliate thereof (collectively, “Healthcare Providers”). Such information is considered PHI. Personal information that is provided to MyTherapyPros outside of the foregoing context is not PHI. For example, when you provide personal information directly to us, such as when creating an account or using our interactive tools and services; searching for Clinician or available appointments with a Clinician; onboarding as a Clinician with MyTherapyPros; or when you voluntarily provide information in free-form text through the website or through responses to surveys and questionnaires, or reviews; or when you send us an e-mail or otherwise contact us, that information is not PHI.
HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. MyTherapyPros may only use and disclose PHI in the ways permitted by a Consumer’s Healthcare Provider(s) or authorized by a Consumer.
Information We Collect About You (including Personal Data)
“Personal Data” refers to any information that identifies or relates to a particular individual and also includes information referred to as “Personally Identifiable Information” (“PII”) or “Personal Information” under applicable data privacy laws, rules, or regulations.
Personal Data about both Consumers and Clinicians we collect include:
- Payment Information, for example, Payment card type, Last four digits of a payment card, Billing contact, Billing e-mail;
- Device/IP Information, for example, IP address, Device ID, Domain server, Type of device/operating system/browser used to access the Services;
- Web Analytics, for example, Web page interactions, Referring webpage/source through which you access the Services, Non-identifiable request IDs, Statistics associated with the interaction between device or browser and the Services;
- Geolocation Data, GPS;
- Other Identifying Information That You Voluntarily Choose to Provide, for example, unique identifiers such as passwords or personal information in e-mails or letters you send to us, or information you disclose over the phone;
- Contact Data, for example, First and last name, E-mail, Phone number, Mailing address;
- Demographic Data, for example, Gender, Age, Date of birth, Zip code, Race, Ethnicity;
- Social Network Data, for example, E mail, Phone number, Username, IP address, Device ID. Additional Personal Data about Consumers we collect include:
- Medical Data, for example, Consumer’s Health conditions, Healthcare Providers visited, Reasons for a visit, Dates of visit, Medical history, and other health information you provide us;
- Insurance Information, for example, Consumer’s Insurance carrier, Insurance plan, Member ID, Group ID, Payer ID;
- Consumer Booking Appointment Data, for example, Appointment date/time, Clinician information, Appointment procedure, Whether or not the Consumer is a new patient for a particular Clinician; Additional Personal Data about Clinicians we collect include:
- Clinician Professional License Information, for example, Professional licenses, Education history, Specialties, and Certifications
How We Collect Personal Data
We collect information about you, including Personal Data:
- Directly from You, when you provide information to us, for example:
when you create an account or use our interactive tools and services, such as searching for Clinicians or available appointments and completing medical forms;
when you voluntarily provide information free from text through the website or through responses to surveys and questionnaires, or post reviews. When you send us an e-mail or otherwise contact us.
- Automatically, when you visit the Website or use our Services, using the following method:
If you use a location-enabled browser, we may receive information about your location and
mobile device, as applicable.
- From Third Parties, for example:
We may use analytics service providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support. We may also use service providers to obtain information to generate leads and create user profiles.
We may receive marketing and advertising information from some of our service providers who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements or communications.
We may receive certain data from the Clinicians, or from Healthcare Providers to facilitate Consumer booking of appointments.
From Social networks: If you provide your social network account credentials to us or otherwise sign in to the Services through a third-party site or service, such as Google, Facebook, you understand that some content and/or information in those accounts may be transmitted into your account with us.
We may use Government or other public records for onboarding or verifying Clinicians.
Why We Collect Your Personal Data
We use information that we collect about you or that you provide to us, including any Personal Data:
- to provide, customize, and improve the Services.
- to provide support for the Services;
- to meet or fulfilling any reason or purpose for which you provided the information to us.
- for fraud protection, security, and debugging.
- for billing purposes
- to market and sell our Services, including to show you advertisements.
- to correspond with you, for example, to respond to correspondence that we receive from you, to contact you when necessary or requested, including to remind you of an upcoming appointment, and to send you information about MyTherapyPros or the Services.
- to confirm Clinicians have necessary credentials to practice and meet MyTherapyPros requirements.
- to carry out our obligations and enforce our rights arising from the Terms or any other contracts entered between you and us, including for billing and collection.
- in any other way, we may describ when you provide the information.
- for any other purpose with your consent.
HOW WE SHARE YOUR PERSONAL DATA
We may disclose aggregated information about our users and information that does not identify any individual without restriction.
In certain circumstances, we may share your Personal Data, including PII, with the following:
- Our subsidiaries and affiliates
- Payment Processors. CitiOnline Business is our current Processor
- Security and Fraud Prevention Consultants
- Technology Providers, such as hosting, communications, data storage, analytics, and other providers;
- Health Information Exchanges. You can find more information on Health Information Exchanges, click here: https://www.healthit.gov/HIE
- Clinicians, with whom Consumers choose to schedule an appointment through the Services. For example, if you complete a Medical History Form using the Services in advance of an appointment and elect to share it with your selected Clinician.
- Insurance Verification Providers.
- Insurance Providers, to determine eligibility and cost-sharing obligations, and to otherwise obtain benefit plan information on your behalf.
- Parties You Authorize, Access, or Authenticate. We will share certain Personal Data if you choose to use any service to log in to the Services, for example, Google, Facebook, and others.
- Ad Networks.
- a Successor, for example, a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of MyTherapyPros’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
- Other Users. Any information that you may reveal in a public review posting or public online discussion or forum is not in any way private. We recommend that you carefully consider whether to disclose any Personal Data in any public posting or forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of MyTherapyPros, the Clinicians, Consumers, our customers, or others.
TRACKING TOOLS, ADVERTISING AND OPT-OUT
The following sections provide additional information about how we collect your Personal Data.
Information Collected Automatically through Cookies:
Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone, or similar device when you use that device to visit our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).
We use the following types of Cookies:
- Essential Cookies are required for providing you with features or services that you have requested, for example, log into the secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
- Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences (for example, your choice of language or region) over time, and recognize you when you return to our Services.
- Web Beacons (also referred to as clear GIFs, single-pixel gifs, or pixel tags) Web pages from our Services, and our e-mails may contain tiny electronic image files, known as web beacons that may be used to collect information about the use of our Services, for example, to count users who have visited certain pages or opened an e- mail, and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
How to Opt-Out from Cookies
You can decide whether or not to accept Cookies through your internet browser’s settings (or preferences, options). To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.
Although you are not required to accept MyTherapyPros’ Cookies, if you block, reject, or delete them, you may have to manually adjust some preferences every time you visit a site and some of the Services and functionalities may not work.
Some browsers offer a “Do Not Track” option, which, when selected, signals operators of websites and web applications and services that you do not wish them to track certain of your online activities over time and across third-party websites or other online services. You can find out more about “Do Not Track” at www.allaboutdnt.com.
DATA SECURITY AND RETENTION
You should also help protect your data by appropriately selecting and protecting your password and/or another sign-on mechanism, limiting access to your computer or device and browser, and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, for example, by making good faith efforts to store Personal Data in a secure operating environment that is not open to the public, please be aware that no method of transmitting data over the Internet or storing data is completely secure. We cannot and do not guarantee the complete security of any data you share with us, and except as expressly required by law, we are not responsible for the theft, destruction, loss, or inadvertent disclosure of your information or content.
If at any time during or after our relationship, we believe that the security of your Personal Data may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will attempt to notify you as promptly as possible under the circumstances. We may notify you by e-mail to the most recent e- mail address you have provided us in your account profile. Please keep your e-mail address in your account up to date. You can update that e-mail address anytime in your account profile. You consent to our use of e-mail as a means of such notification. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please e-mail us at e-mail address email@example.com. Please include your mailing address when you submit your request.
We retain Personal Data about you consistent with all internal policies and procedures. We may retain Personal Data to comply with our legal obligations, resolve disputes, or collect fees owed, or as is otherwise permitted or required by our data retention policies and procedures.
If you are between age thirteen (13) and the age of majority in your place of residence, you may use the Services only with the consent of or under the supervision of your parent or legal guardian. If you are a parent or legal guardian of a minor child, you may, in compliance with the Terms, use the Services on behalf of such minor child. Any information that you provide us while using the Services on behalf of your minor child will be treated as Personal Data as otherwise provided herein.
If you use the Services on behalf of another person, regardless of age, you agree that MyTherapyPros may contact you for any communication made in connection with providing the Services or any legally required communications. You further agree to forward or share any such communication with any person for whom you are using the Services on behalf.
HOW WE USE INFORMATION THAT IS NEITHER PERSONAL DATA NOR PHI
We may use information that is neither Personal Data nor PHI (including non-PHI Personal Data that has been de- identified and/or aggregated) to better understand who uses MyTherapyPros and how we can deliver a better digital experience, or otherwise at our discretion.
CONTROLLING YOUR PERSONAL DATA & NOTIFICATIONS
If you are a registered user of the Services, you can modify certain Personal Data or account information by logging in and accessing your account. If you wish to close your account, please e-mail us at e-mail address firstname.lastname@example.org will use reasonable efforts to delete your account as soon as reasonably possible. Please note, however, that MyTherapyPros reserves the right to retain information from closed accounts consistent with all internal data retention policies and procedures.
You must promptly notify us if any of your account data is lost, stolen, or used without permission.
The California Consumer Privacy Act of 2018 (“CCPA”) provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. If you have any questions about this section or whether any of the following applies to you, please contact us at e-mail, email@example.com
and indicate “California Rights” in the subject line of your communication.
You have the right to request certain information about our collection and use of your Personal Data over the past 12 months, including the following:
- The categories of Personal Data that we have collected about you.
- The categories of sources from which that Personal Data was collected.
- The business or commercial purpose for collecting or selling your Personal Data.
- The categories of third parties with whom we have shared your Personal Data.
- The specific pieces of Personal Data that we have collected about you.
If we have disclosed your Personal Data for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third-party recipient.
If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data purchased by each category of third-party recipient.
You have the right to request that we delete the Personal Data that we have collected from you. Under the CCPA, this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Services or complete a transaction or other
action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
Exercising Your Rights
To exercise the rights described above, you must send us a verifiable consumer request
that (1) provides sufficient information to verify that you are the person about whom we have collected Personal Data, and (2) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. We may not respond to requests that do not meet both of these criteria. We will only use Personal Data provided in your request to verify you and complete your request.
If your request meets both of the above criteria, it is a verifiable consumer request, and we will work to respond to you within 45 days of receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will not charge you a fee for making a valid request unless your request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following methods:
- Submitting a request by following the instructions found at https://mytherapypros.com/privacy-settings. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
Personal Data Sales Opt-Out
In this section, we use the term ‘sell’ as it is defined in the CCPA. We sell your Personal Data, subject to your right to opt-out of these sales.
We sell your Personal Data to the following categories of third parties:
- Health Information Exchanges.
Over the past twelve months, we have sold the following categories of your Personal Data to third parties:
- Demographic Data
- Web analytics or other similar network activity information
You have the right to opt-out of the sale of your Personal Data. You can opt-out using the
- Submitting a request by following the instructions found at https://mytherapypros.com/privacy-settings.
We do not sell the Personal Data of minors under 16 years of age without affirmative
We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.
CALIFORNIA RESIDENT RIGHTS
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at firstname.lastname@example.org
MyTherapyPros helps you connect with mental health licensed professionals (“Clinicians”), book appointments with the Clinicians of your choice (each, “Your Clinician”) and manages and forwards your health history forms and other health-related information to share with Your Clinician (“MyTherapyPros Services”). As part of providing the MyTherapyPros Services, MyTherapyPros may collect, use, share, and exchange your health history forms and other health-related information with Your Clinician. Under the Health Insurance Portability and Accountability Act (“HIPAA”), a Federal Law, health and health-related information may be considered “protected health information” or “PHI” if such information is received from or on behalf of Your Clinician.
HIPAA protects the privacy and security of your PHI by limiting the uses and disclosures of PHI by most healthcare providers and by health plans (called “Covered Entities”) as well as companies that provide certain types of assistance to Covered Entities (called “Business Associates”). In certain circumstances, MyTherapyPros, may be acting as Business Associate. Under HIPAA, an individual needs to sign an Authorization form before a Covered Entity, like Your Clinician, can disclose PHI to a third party. Non-Protected Health Information
Your PHI Authorization
The purpose of this MyTherapyPros Authorization (“Authorization”) is to request your written permission to allow MyTherapyPros to use and disclose your PHI in the same way as we use and disclose your Non-PHI. If MyTherapyPros is a Business Associate of Your Clinician, MyTherapyPros needs your Authorization to be able to use and disclose your PHI in the same way it can currently use and disclose your Non-PHI when MyTherapyPros is not working on behalf of Your Clinician, but is instead working on its own behalf. Therefore, when MyTherapyPros relies on this Authorization, and uses and discloses PHI as described in this Authorization, it is not working as a Business Associate and the HIPAA requirements that apply to Business Associates will not apply to such uses and disclosures.
If you e-sign this Authorization, you give your permission to MyTherapyPros to retain your PHI and to use and/or disclose your PHI in the same way that you have agreed that your Non- PHI can be used and disclosed.
Specifically, you agree that MyTherapyPros can use your PHI to:
- enable and customize your use of MyTherapyPros Services;
- provide you alerts or other MyTherapyPros Services regarding future appointments;
- notify you regarding providers we think you may be interested in learning more about;
- share information with you regarding services, products or resources about which we think you may be interested in learning more;
- provide you with updates and information about MyTherapyPros Services;
- market to you about MyTherapyPros and third party products and services;
- conduct analysis for MyTherapyPros’ business purposes;
- support development of the MyTherapyPros Services; and
- create de-identified information and then use and disclose this information in any way permitted by law, including to third parties in connection with their commercial and marketing efforts.
You also agree that MyTherapyPros can disclose your PHI to:
- third parties assisting MyTherapyPros with any of the uses described above;
- Your Clinicians to enable them to refer you to, and make appointments with, other providers on your behalf, or to perform an analysis on potential health issues or treatments;
- a third party as part of a potential merger, sale or acquisition of MyTherapyPros;
- our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to the operation or provision of our services, even when MyTherapyPros is no longer working on behalf of Your Healthcare Providers;
- a provider of medical services, in the event of an emergency; and
- organizations that collect, aggregate and organize your information so they can make it more easily accessible to your providers.
If MyTherapyPros discloses your PHI, MyTherapyPros will require that the person or entity receiving your PHI agrees to only use and disclose your PHI to carry out its specific business obligations to MyTherapyPros or for the permitted purpose of the disclosure (as described above) MyTherapyPros cannot, however, guarantee that any such person or entity to which MyTherapyPros discloses your PHI or other information will not re disclose it in ways that you or we did not intend or permit.
Expiration and Revocation of Authorization
Your Authorization remains in effect until you provide written notice of revocation to MyTherapyPros.
YOU CAN CHANGE YOUR MIND AND REVOKE THIS AUTHORIZATION AT ANY TIME AND FOR ANY (OR NO) REASON.
If you wish to revoke this Authorization, you must notify MyTherapyPros by submitting a revocation through your account settings page, or by emailing us at email@example.com and providing sufficient information so we can identify you.
Your decision not to execute this Authorization or to revoke it at any time will not affect your ability to use certain of the MyTherapyPros Services. A Revocation of Authorization is effective after you submit it to MyTherapyPros, but it does not have any effect on MyTherapyPros’ prior actions taken in reliance on the Authorization before revoked.
Once MyTherapyPros receives your Revocation of Authorization, MyTherapyPros can only use and disclose your PHI as permitted in MyTherapyPros’ agreements with Your Clinician(s). Your Revocation of Authorization does not affect MyTherapyPros’ use of your Non-PHI.
We will make available to Your Clinician(s), current and past, your agreement to or revocation of this Authorization.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials from the Website by submitting written notification to our Copyright Agent designated below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (”DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
If you your DMCA Notice does not contain the above information or your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages, including costs and attorneys’ fees, under Section 512(f) of the DMCA.