Terms and Conditions

Last updated: September 18, 2024

“Mindful health” refers to a group of medical professional service corporations, including but not limited to Mindful Mental Wellness, P.A. registered in Florida and Kansas, Mindful Mental Wellness, CA P.C. registered in California (each a “Medical Group,” and together, the “Medical Groups”), its subsidiaries, affiliates, associates, officers, directors, agents and subcontractors (also referred to as “we”, “us”, or “our”). Mindful health will arrange for Providers with local practicing qualifications to provide mental health care services to patients in different regions, in accordance with legal requirements.

These Terms and Conditions constitute a binding agreement between the user (“you” or “your”) or in the case of a use of the Service by or on behalf of a minor, “you,” “yours,” “me” and “my” refer to and include (i) the parent or legal guardian who provides consent to the use of the service by such minor or uses the service on behalf of such minor, and (ii) the minor for whom consent is being provided or on whose behalf the service is being utilized, and Mindful health.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT INTENDED TO PROVIDE ACCESS TO MEDICAL CARE, URGENT CARE, OR EMERGENCY CARE.

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE CLICKING THE “AGREE” BOX AND USING SERVICE. BY CLICKING THE “AGREE” BUTTON DISPLAYED, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY INCORPORATED HEREIN, DO NOT SELECT THE “AGREE” BUTTON AND DO NOT ACCESS THE PORTAL OR ESTABLISH A PORTAL CONNECTION. Mindful health’S ACCEPTANCE TO THESE TERMS AND CONDITIONS IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

CONSENT TO TELEHEALTH SERVICES

Medical Groups provide mental health care services via telehealth (“Telehealth Services”). By agreeing to the terms set forth herein (this “Telehealth Consent”), you consent to the applicable Medical Group providing services to you pursuant to these terms.

The terms “you” and “yours” refer to the person using the Telehealth Services, or in the case of a use of the Telehealth Services by or on behalf of a minor, “you,” “yours,” “me,” and “my” refer to and include (i) the parent or legal guardian who provides consent to the use of the Telehealth Services by such minor or uses the service on behalf of such minor, and (ii) the minor for whom consent is being provided or on whose behalf the service is being utilized. The purpose of this form is to obtain your consent to participate in the applicable Medical Group’s Telehealth Services.

PLEASE READ THE CONSENT TO TELEHEALTH SERVICES CAREFULLY BEFORE CLICKING THE “AGREE” BOX AND USING TELEHEALTH SERVICES. BY CLICKING THE “AGREE” BUTTON DISPLAYED TO UTILIZE TELEHEALTH SERVICES, YOU CONSENTING TO THE PROVISION OF TELEHEALTH SERVICES AND CONFIRM YOU HAVE READ THE “CONSENT TO TELEHEALTH SERVICES”.

IF YOU DO NOT CONSENT TO TELEHEALTH SERVICES, DO NOT SELECT THE “AGREE” BUTTON.

Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider (“Provider”) and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or member education, and may include, but is not limited to:

Electronic transmission of medical records, photo images, personal health information or other data between a member and a Provider;
Interactions between a member and a Provider via audio, video and/or data communications; and
Use of output data from medical devices, sound and video files.

The electronic systems used in the Telehealth Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

You may discuss these risks and benefits with your Medical Group Provider and will be given an opportunity to ask questions about telehealth services.

Possible Benefits of Telehealth

Can be easier and more efficient for you to access medical care and treatment.
You can obtain medical care and treatment at times that are convenient for you.
You can interact with providers without the necessity of an in-office appointment.

Possible Risks of Telehealth

Information transmitted to your Provider(s) may not be sufficient to allow for appropriate medical decision making by the Provider(s).
The inability of your Provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the Provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you.
Your Provider may not be able to provide medical treatment for your particular condition via telehealth and you may be required to seek alternative care.
Delays in medical evaluation/treatment could occur due to failures of the technology and none of the foregoing can guarantee that their services will be provided without error or interruption at all times that you may wish to use those services.
Security protocols or safeguards could fail causing a breach of privacy. While we use state-of- the-art security, no system can guard against risks of intentional intrusion or inadvertent disclosure of information. When using the Telehealth Services, information may be transmitted over media that are beyond the control of the Medical Group, and that may not be secure. For example, you may receive email, text, or telephone communications in connection with your use of Telehealth Services, all of which are inherently unsecured and subject to disclosure to or access by third parties (e.g., if Your phone is used by someone else, you do not keep your phone or email information up to date with the Medical Group and communications are misdirected, or the network or systems of a telecommunications provider are hacked).
Given regulatory requirements in certain jurisdictions, your Provider(s) treatment options, especially pertaining to certain prescriptions may be limited.

Will my telehealth visit be private?

We will not record visits with your provider.
If people are close to you, they may hear something you did not want them to know. You should be in a private place, so other people cannot hear you.
Your provider will tell you if someone else from their office can hear or see you.
We use telehealth technology that is designed to protect your privacy.
If you use the Internet for telehealth, use a network that is private and secure.
There is a very small chance that someone could use technology to hear or see your telehealth visit.

Your Rights

You may withhold or withdraw your consent to a telemedicine consultation at any time before and/or during the consultation without affecting your right to future care or treatment, or risking the loss or withdrawal of any program benefits to which you would otherwise be entitled. If you are a Medi-Cal recipient and receiving teleophthalmology or teledermatology by store and forward, you have the right to an interactive communication with the physician. This communication may occur at the time of your consultation or within 30 days after you receive the results of the consultation

By accepting this Consent to Telehealth, you acknowledge your understanding and agreement to the following:

By using the Telehealth Services provided by Medical Groups, I agree with telehealth services. I understand that telehealth involves the delivery of health care services, including assessment, treatment, diagnosis, and education, using interactive audio, video, and data communications.
I have read this special Consent to Telehealth carefully, and understand the risks and benefits of the use of telehealth in the medical care and treatment provided to me through Medical Groups’s platform by “Providers”.
I give my informed consent to the use of telehealth by providers affiliated with Medical Groups.
I understand that the delivery of healthcare services via telehealth is an evolving field and that the use of telehealth in my medical care and treatment may include uses of technology not specifically described in this consent.
I understand that while the use of telehealth may provide potential benefits to me, as with any medical care service no such benefits or specific results can be guaranteed. My condition may not be cured or improved, and in some cases, may get worse.
I understand that the level of care provided by my provider is to be the same level of care that is available to me through an in-person medical visit. I also understand that “Providers” may determine in his or her sole discretion that my condition is not suitable for treatment using telehealth, and that I may need to seek medical care and treatment in-person or from an alternative source.
I understand that the same confidentiality and privacy protections that apply to my other health care services also apply to these telehealth services.
I understand that I have access to all of my health and wellness information pertaining to the telehealth services in accordance with applicable laws and regulations.
I understand that I can withhold or withdraw this consent at any time by emailing Medical Groups with such instruction. Otherwise, this consent will be considered renewed upon each new telehealth consultation with “Providers”.
I understand expressly assume the risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption, or corruption of data or other information transmitted in connection with the use of any Telehealth Services.
I agree and authorize my health care provider to share information regarding the telehealth exam with other individuals for treatment, payment and health care operations purposes.
I understand that I do not need to consent to telehealth services, only if I want to use telehealth services provided by Medical Groups.
I understand that in case of an emergency, I will dial 911 or go directly to the nearest hospital emergency room.
I agree and authorize my health care provider to release information regarding the telehealth exam to Medical Groups and its affiliates.

My health care provider has previously discussed with me the information provided above. I have had an opportunity to ask questions about this information and all of my questions have been answered. I have read and agreed to a telemedicine consultation.

By clicking the acceptance box, I consent to receive telehealth services, or in the case of a use of the service by or on behalf of a minor, I am the parent or legal guardian of said minor and provide consent on behalf of said minor. I understand and agree that I am signing this Consent electronically and that (a) I have read this Telehealth Consent carefully, (b) I understand the risks and benefits of the Service and the use of telehealth in the medical care and treatment provided to me by Provider(s) using the Service, and (c) I have the legal capacity and authority to provide this consent for myself and/or the minor for which I am consenting under applicable federal and state laws, including laws relating to the age of majority and/or parental/guardian consent.

INFORMED CONSENT FOR CONTROLLED MEDICATION

If your physician has indicated that a controlled medication may assist in your symptomatic relief, you agree to the following informed consent for controlled medication (“Informed Consent”).

Controlled medicine can be dangerous and habit forming. These medicines must be taken only as prescribed by your doctor. Please read this consent and agreement thoroughly and ask any questions you may have. If you are in agreement and fully understand the benefits and risks of the medications, sign and date below.

I understand that I have the right to discuss the risks and benefits of all procedures and courses of treatment proposed by my health care Provider(s), together with any available alternatives.
Medical Group will provide care consistent with the prevailing standards of medical practice but makes no assurances or guarantees as to the results of treatment.
Before prescribing any controlled substance to me, my Provider may review information from the Prescription Drug Monitoring Program in my state of residence regarding my prior receipt of controlled substances.
I understand that the medication I am being prescribed may cause addiction, but my physician feels it is necessary for treatment of my condition. My Provider has explained to me the potential risks, the potential short- and long-term side effects; the risk of drug interactions and over-sedation; the risk of misuse and overdose. I accept these risks.
I agree to take this medication only as prescribed by my Provider.
I agree to attend all scheduled appointments with my Provider.
I understand that refills will not be given early.
I will not obtain controlled substances from any other providers unless authorized by my primary prescriber, because it may be considered illegal to obtain controlled substances from multiple providers.
I understand that these medications are for my personal use only.
I understand that it is illegal, and can be reported to the police, to give or sell my medication to others.
I agree not to use any illegal substances, including but not limited to marijuana, cocaine, or any other “street drugs.”
I understand that it is illegal for me to use medications that are not prescribed to me.
I understand that I am responsible for my own medication. Lost or stolen medication will not be replaced.
I give up the right to privacy protections with regard to my prescription for controlled substances. The Provider or her or his staff may talk with other physicians, pharmacists or family members to confirm appropriate medication use.
I understand that I may obtain my controlled substances from only one pharmacy, and I agree to update my Provider of any changes in the pharmacy I use.
I understand these medications may interfere with my ability to drive and/or operate heavy machinery.
I have reviewed this Informed Consent and Treatment Agreement for Controlled Substances. I understand it and continue to agree to honor the Agreement. I understand that failure to do so may result in my discharge from this medical practice.
If in NEW JERSEY for minor patients: I understand that my Provider may prescribe a stimulant which is a Schedule II controlled dangerous substance for use by a minor patient under the age of 18, provided that the health care Provider is using interactive, real-time, two-way audio and video technologies when treating the minor patient and the health care Provider has first obtained my written consent for the waiver of these in-person examination requirements from the minor patient’s parent or guardian. I understand by clicking the acceptance box that I agree to waive the in-person examination requirements for the purposes of prescribing a Schedule II controlled dangerous substance for use by my minor child.

By clicking the acceptance box, I understand and agree that I am signing this Informed Consent electronically and that (a) I have read this Informed Consent carefully, (b) I understand the risks and benefits of the Service and the use of telehealth in the medical care and treatment provided to me by Provider(s) using the Service, including the prescribing of controlled substances, and (c) I have the legal capacity and authority to provide this consent for myself and/or the minor for which I am consenting under applicable federal and state laws, including laws relating to the age of majority and/or parental/guardian consent.

PATIENT AUTHORIZATION AND CONSENT TO RECORD TELEMEDICINE SESSIONS

As part of Medical Group's internal record keeping process, subject to your authorization and consent, your telemedicine sessions are recorded. Your recordings remain confidential and are maintained in strict compliance with law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as well as all other professional requirements of Medical Groups and your provider. The recordings are never shared without your authorization, except as required or permitted under HIPAA. The recordings are performed automatically and do not interfere with your session.

By signing below, you confirm the following:

You agree to allow Medical Groups and/or your provider to record your telemedicine sessions;
You have been advised that the recordings are maintained in a strictly confidential manner in accordance with all professional and legal requirements;
You have had an opportunity to ask questions regarding the nature and purpose of the recordings and have had all your questions answered to your satisfaction;
You understand that this consent form is completely voluntary and your decision will not affect your telemedicine session;
You have been advised of your right to revoke this consent at any time. In the event of revocation of this consent, no future telemedicine sessions will be recorded, but sessions recorded previously will be maintained in compliance with HIPAA and all applicable laws; and
You have read and fully understand this authorization and consent.

YOUR FINANCIAL RESPONSIBILITY; ASSIGNMENT OF BENEFITS

You agree to pay the Medical Group all applicable charges at the prices then in effect for the Telehealth Services provided to you or in the case of a use of the Service by or on behalf of a minor (“Covered Minor”) on whose behalf you are accepting these Telehealth Services terms and/or payment responsibility. You will be charged for the Telehealth Services, provided to you or the Covered Minor by a Medical Group Provider. You authorize the Medical Group and/or its designated entity, to charge your chosen payment method (“Payment Method”) for the Telehealth Services provided to you or the Covered Minor. If your Payment Method is invalid at the time payment is due, you agree to pay all amounts due upon demand. The third party services provider who manages your Payment Method may impose terms and conditions on you, which are independent of these Telehealth Services terms, and you agree to comply with all of those terms. Medical Group may accumulate charges that you have incurred for the Telehealth Services and submit them as one or more aggregate charges during or at the end of each billing cycle. Medical Group reserves the right to correct any billing errors or mistakes even if payment has already been requested or received.

Telehealth Services are billable just like an in-office visit, at the same fee that would be billed to such a visit if it were conducted in person. For the avoidance of doubt, your financial responsibility and assignment of benefits described above apply to all telehealth appointments with Medical Group.

If you provide information about your health insurance or health plan, that will be deemed your authorization for us to submit claims for covered Telehealth Services to your health insurer or health plan. You hereby assign or otherwise authorize payment of medical benefits to us for the Telehealth Services provided to you or the Covered Minor. You authorize the release of any medical or other information necessary to process any claims for the Telehealth Services provided. You further understand and accept your financial responsibility for any portion of the bill not covered by your health insurer or health plan. SUBMISSION OF CHARGES DOES NOT WAIVE OUR RIGHT TO SEEK PAYMENT DIRECTLY FROM YOU.

All purchases are final and once paid, all fees, including Subscription Fees, are non-refundable regardless of whether Services are utilized, except as prohibited by applicable law. However, you may cancel your Subscription at any time by logging into your account. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future. Should there be a payment dispute, you agree to contact support@getmindfulhealth.com prior to taking any further action or requesting additional services.

PROHIBITED ACTIVITIES

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Service, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Site.
Use the Site to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Service and/or the content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Service in order to harass, abuse, or harm another person.
Use the Service as part of any effort to compete with us or otherwise use the Site and/or App, or their content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
Delete the copyright or other proprietary rights notice from any content.
Copy or adapt the Site’s or App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site, App, or Service.
Use the Site or App in a manner inconsistent with any applicable laws or regulations.
Solicit and/or contact providers of the Medical Groups outside of the Service.

THIRD-PARTY SERVICES

Parties other than Medical Groups, including laboratories, pharmacies, payment services, and the Medical Group’s clinicians, may provide services and medication directly to you with the support of the Service (collectively, “Third-Parties”). Your use of any Third-Party services and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party goods and services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.

You agree that Medical Groups shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Service, including any Third-Party goods and services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that Medical Groups is under no obligation to become involved in such dispute, and you hereby release and indemnify the Medical Groups, and their respective, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Mindful health Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

INDEMNIFICATION

You agree to defend, indemnify, and hold Mindful health Parties and any Third Parties offering products or services through the Service, including the Medical Groups, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

DISCLAIMER

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE OR APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, APP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

ARBITRATION

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the Judicial Administration and Arbitration Services (“JAMS”) in effect at the time of submission. The arbitration will be heard and determined by a single arbitrator selected by mutual agreement of the parties, or, failing agreement within thirty (30) days following the date of receipt by the respondent of the claim, by JAMS. Such arbitration will take place in San Francisco, California. The arbitration award given will be a final and binding determination of the dispute, and will be fully enforceable in any court of competent jurisdiction. Except in a proceeding to enforce the results of the arbitration or as otherwise required by law, neither party nor any arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written agreement of both. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The costs of arbitration will be split evenly between the you and Medical group.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your access to the Service or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

Notice of HIPAA Privacy Practices

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. If you have any questions about this Notice, please contact our Privacy Officer at support@getmindfulhealth.com. This Notice of Privacy Practices describes how we may use and disclose your protected health information to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and control your protected health information. “Protected health information” is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services. We are required to abide by the terms of this Notice of Privacy Practices. We may change the terms of our notice, at any time. The new notice will be effective for all protected health information that we maintain at that time. Upon your request, we will provide you with any revised Notice of Privacy Practices. You may request a revised version by accessing our website, or calling the office and requesting that a revised copy be sent to you in the mail or asking for one at the time of your next appointment.‍

1. Uses and Disclosures of Protected Health Information

Your protected health information may be used and disclosed by your physician, our office staff and others outside of our office who are involved in your care and treatment for the purpose of providing health care services to you. Your protected health information may also be used and disclosed to pay your health care bills and to support the operation of your physician's practice. Following are examples of the types of uses and disclosures of your protected health information that your physician's office is permitted to make. These examples are not meant to be exhaustive, but to describe the types of uses and disclosures that may be made by our office.

Treatment

We will use and disclose your protected health information to provide, coordinate, or manage your health care and any related services. This includes the coordination or management of your health care with another provider. For example, we would disclose your protected health information, as necessary, to a home health agency that provides care to you. We will also disclose protected health information to other physicians who may be treating you. For example, your protected health information may be provided to a physician to whom you have been referred to ensure that the physician has the necessary information to diagnose or treat you. In addition, we may disclose your protected health information from time-to-time to another physician or health care provider (e.g., a specialist or laboratory) who, at the request of your physician, becomes involved in your care by providing assistance with your health care diagnosis or treatment to your physician.

Payment

Your protected health information will be used and disclosed, as needed, to obtain payment for your health care services provided by us or by another provider. This may include certain activities that your health insurance plan may undertake before it approves or pays for the health care services we recommend for you such as: making a determination of eligibility or coverage for insurance benefits, reviewing services provided to you for medical necessity, and undertaking utilization review activities. For example, obtaining approval for a hospital stay may require that your relevant protected health information be disclosed to the health plan to obtain approval for the hospital admission.

Healthcare Operations

We may use or disclose, as needed, your protected health information in order to support the business activities of your physician's practice. These activities include, but are not limited to, quality assessment activities, employee review activities, training of medical students, licensing, fundraising activities, and conducting or arranging for other business activities. We will share your protected health information with third party “business associates” that perform various activities (for example, billing or transcription services) for our practice. Whenever an arrangement between our office and a business associate involves the use or disclosure of your protected health information, we will have a written contract that contains terms that will protect the privacy of your protected health information. We may use or disclose your protected health information, as necessary, to provide you with information about treatment alternatives or other health-related benefits and services that may be of interest to you. You may contact our Privacy Officer to request that these materials not be sent to you.

Other Permitted and Required Uses and Disclosures That May Be Made Without Your Authorization or Opportunity to Agree or Object.

We may use or disclose your protected health information in the following situations without your authorization or providing you the opportunity to agree or object. These situations include:

Required By Law: We may use or disclose your protected health information to the extent that the use or disclosure is required by law. The use or disclosure will be made in compliance with the law and will be limited to the relevant requirements of the law. You will be notified, if required by law, of any such uses or disclosures.

Public Health: We may disclose your protected health information for public health activities and purposes to a public health authority that is permitted by law to collect or receive the information. For example, a disclosure may be made for the purpose of preventing or controlling disease, injury or disability.

Communicable Diseases: We may disclose your protected health information, if authorized by law, to a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading the disease or condition.

Health Oversight: We may disclose protected health information to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws.

Abuse or Neglect: We may disclose your protected health information to a public health authority that is authorized by law to receive reports of child abuse or neglect. In addition, we may disclose your protected health information if we believe that you have been a victim of abuse, neglect or domestic violence to the governmental entity or agency authorized to receive such information. In this case, the disclosure will be made consistent with the requirements of applicable federal and state laws.

Food and Drug Administration: We may disclose your protected health information to a person or company required by the Food and Drug Administration for the purpose of quality, safety, or effectiveness of FDA-regulated products or activities including, to report adverse events, product defects or problems, biologic product deviations, to track products; to enable product recalls; to make repairs or replacements, or to conduct post marketing surveillance, as required.

Legal Proceedings: We may disclose protected health information in the course of any judicial or administrative proceeding, in response to an order of a court or administrative tribunal (to the extent such disclosure is expressly authorized), or in certain conditions in response to a subpoena, discovery request or other lawful process.

Law Enforcement: We may also disclose protected health information, so long as applicable legal requirements are met, for law enforcement purposes. These law enforcement purposes include (1) legal processes and otherwise required by law, (2) limited information requests for identification and location purposes, (3) pertaining to victims of a crime, (4) suspicion that death has occurred as a result of criminal conduct, (5) in the event that a crime occurs on the premises of our practice, and (6) medical emergency (not on our practice's premises) and it is likely that a crime has occurred.

Coroners, Funeral Directors, and Organ Donation: We may disclose protected health information to a coroner or medical examiner for identification purposes, determining cause of death or for the coroner or medical examiner to perform other duties authorized by law. We may also disclose protected health information to a funeral director, as authorized by law, in order to permit the funeral director to carry out their duties. We may disclose such information in reasonable anticipation of death. Protected health information may be used and disclosed for cadaveric organ, eye or tissue donation purposes.

Research: We may disclose your protected health information to researchers when their research has been approved by an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of your protected health information.

Criminal Activity: Consistent with applicable federal and state laws, we may disclose your protected health information, if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. We may also disclose protected health information if it is necessary for law enforcement authorities to identify or apprehend an individual.

Military Activity and National Security: When the appropriate conditions apply, we may use or disclose protected health information of individuals who are Armed Forces personnel (1) for activities deemed necessary by appropriate military command authorities; (2) for the purpose of a determination by the Department of Veterans Affairs of your eligibility for benefits, or (3) to foreign military authority if you are a member of that foreign military services. We may also disclose your protected health information to authorized federal officials for conducting national security and intelligence activities, including for the provision of protective services to the President or others legally authorized.

Workers' Compensation: We may disclose your protected health information as authorized to comply with workers' compensation laws and other similar legally established programs.

Inmates: We may use or disclose your protected health information if you are an inmate of a correctional facility and your physician created or received your protected health information in the course of providing care to you.

Uses and Disclosures of Protected Health Information Based upon Your Written Authorization

Other uses and disclosures of your protected health information will be made only with your written authorization, unless otherwise permitted or required by law as described below. You may revoke this authorization in writing at any time. If you revoke your authorization, we will no longer use or disclose your protected health information for the reasons covered by your written authorization. Please understand that we are unable to take back any disclosures already made with your authorization.Other Permitted and Required Uses and Disclosures That Require Providing You the Opportunity to Agree or Object: We may use and disclose your protected health information in the following instances. You have the opportunity to agree or object to the use or disclosure of all or part of your protected health information. If you are not present or able to agree or object to the use or disclosure of the protected health information, then your physician may, using professional judgment, determine whether the disclosure is in your best interest.

Facility Directories: Unless you object, we will use and disclose in our facility directory your name, the location at which you are receiving care, your general condition (such as fair or stable), and your religious affiliation. All of this information, except religious affiliation, will be disclosed to people that ask for you by name. Your religious affiliation will be only given to a member of the clergy, such as a priest or rabbi.

Others Involved in Your Health Care or Payment for your Care. Unless you object, we may disclose to a member of your family, a relative, a close friend or any other person you identify, your protected health information that directly relates to that person’s involvement in your health care. If you are unable to agree or object to such a disclosure, we may disclose such information as necessary if we determine that it is in your best interest based on our professional judgment. We may use or disclose protected health information to notify or assist in notifying a family member, personal representative or any other person that is responsible for your care of your location, general condition or death. Finally, we may use or disclose your protected health information to an authorized public or private entity to assist in disaster relief efforts and to coordinate uses and disclosures to family or other individuals involved in your health care..

2. Your Rights

Following is a statement of your rights with respect to your protected health information and a brief description of how you may exercise these rights. You have the right to inspect and copy your protected health information. This means you may inspect and obtain a copy of protected health information about you for so long as we maintain the protected health information. You may obtain your medical record that contains medical and billing records and any other records that your physician and the practice uses for making decisions about you. As permitted by federal or state law, we may charge you a reasonable copy fee for a copy of your records. Under federal law, however, you may not inspect or copy the following records: psychotherapy notes; information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding; and laboratory results that are subject to law that prohibits access to protected health information. Depending on the circumstances, a decision to deny access may be reviewable. In some circumstances, you may have a right to have this decision reviewed. Please contact our Privacy Officer if you have questions about access to your medical record. You have the right to request a restriction of your protected health information. This means you may ask us not to use or disclose any part of your protected health information for the purposes of treatment, payment or health care operations. You may also request that any part of your protected health information not be disclosed to family members or friends who may be involved in your care or for notification purposes as described in this Notice of Privacy Practices. Your request must state the specific restriction requested and to whom you want the restriction to apply.Your physician is not required to agree to a restriction that you may request. If your physician does agree to the requested restriction, we may not use or disclose your protected health information in violation of that restriction unless it is needed to provide emergency treatment. With this in mind, please discuss any restriction you wish to request with your physician.You have the right to request to receive confidential communications from us by alternative means or at an alternative location. We will accommodate reasonable requests. We may also condition this accommodation by asking you for information as to how payment will be handled or specification of an alternative address or other method of contact. We will not request an explanation from you as to the basis for the request. Please make this request in writing to our Privacy Officer.You may have the right to have your physician amend your protected health information.This means you may request an amendment of protected health information about you in a designated record set for so long as we maintain this information. In certain cases, we may deny your request for an amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal. Please contact our Privacy Officer if you have questions about amending your medical record. You have the right to receive an accounting of certain disclosures we have made, if any, of your protected health information. This right applies to disclosures for purposes other than treatment, payment or health care operations as described in this Notice of Privacy Practices. It excludes disclosures we may have made to you if you authorized us to make the disclosure, for a facility dirRectory, to family members or friends involved in your care, or for notification purposes, for national security or intelligence, to law enforcement (as provided in the privacy rule) or correctional facilities, as part of a limited data set disclosure. You have the right to receive specific information regarding these disclosures that occur after April 14, 2003. The right to receive this information is subject to certain exceptions, restrictions and limitations. You have the right to obtain a paper copy of this notice from us, upon request, even if you have agreed to accept this notice electronically.

3. Complaints

Your Mindful health account information is 2FA-protected for your privacy and security. We implement reasonable safeguards to protect the security of the data you send us through physical, administrative, and technical procedures. In certain areas of our websites, Mindful health uses industry-standard SSL-encryption to enhance the security of data transmissions. While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data. No data transmission over the Internet or through mobile devices can be guaranteed to be 100% secure. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Change your passwords often and use a combination of letters and numbers. You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us. You may file a complaint with us by notifying our Privacy Officer of your complaint. We will not retaliate against you for filing a complaint. You may contact your doctor if you have any other questions about privacy practices. You may contact our Privacy Officer at support@getmindfulhealth.com.