Terms And Conditions - Patients

Use of the Site.

Pep Talk, LLC. (“Pep Talk Health”, “we”, “us”, or “our”) operates the website located at www.peptalkhealth.com and other related websites and mobile applications with authorized links to these Terms of Use (collectively, the “Site”). We offer online telehealth services (the “Services”) enabling our members (“Members”) to engage healthcare professionals (“Healthcare Professionals”) in order to obtain medical and healthcare services (“Services”). By accessing and using the Site and by using the Services, you agree to be bound by these Terms of Use and all other terms and policies that appear on the Site. You may not use the Site or the Services if you do not wish to be bound by these Terms of Use or such other terms and policies.

These Terms of Use apply to your use of the Site and Services as a Member. If you are a Healthcare Professional, please see the Healthcare Professional Terms of Use, which applies to your use of the Site and Services as a Healthcare Professional.

Not For Emergencies or Immediate Care.

The Services are not intended to be used for communication in case of a medical emergency. If you have such an emergency, you should call 911 or the emergency number for your location.

Healthcare Services.

The Healthcare Professionals who deliver Services through Pep Talk Health are independent professionals. Pep Talk Health, Inc. does not provide medical advice, practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Healthcare Professionals. All Healthcare Professionals are responsible for the services they provide, and for compliance with the requirements applicable to his or her profession and license. Neither Pep Talk Health nor any third parties who promote, or provide you with a link to, the Services shall be liable for any professional advice you obtain from a Healthcare Professional via the Services or for the timeliness of a Healthcare Professional’s response to your requests or inquiries.

Site Content.

None of the content found on the Site should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

Privacy.

Pep Talk Health is required to comply with state and federal privacy and security laws, including laws relating to healthcare privacy, and maintain safeguards to protect the security of your health information. Additionally, the information you provide to a Healthcare Professional during a medical consultation is generally considered to be confidential, with the exception of certain legal exceptions as more fully described in our Privacy Policy. Information regarding our use of health and other personal information, and how we keep that information secure, is provided in our Privacy Policy.

Member Accounts.

When you register on the Site you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Pep Talk Health (collectively “Account Information”). To create an Account, you must be of legal age of majority. If you are not of legal age of majority, you may not register for an Account. You agree that the Account Information that you provide to us will, at all times (including during registration and in any information you upload to the Site) will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of parents who establish subaccounts for children). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You may not use anyone else's Account at any time. Pep Talk Health reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information.

Use of the Services by Children.

The Services are available for use by children, but the Account for any user under the age of majority must be registered to the user’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a person under the age of majority, you will be fully responsible for complying with these Terms of Use.

Access Rights.

We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason, at any time. You agree that you will not, and will not attempt to (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, (b) use the Site or Services to violate any applicable law or regulation, (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services, (d) distribute viruses or other harmful computer code through the Site, or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree not to use abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Healthcare Professionals through the Site. In order to protect the security of your information, we recommend that you do not use the Services on public computers, and do not store your Account password through your web browser or other software.

Restrictions on Submitted Content.

You agree that you will not use the Site or Services to send, post, or publish:

Any content that is obscene, defamatory, threatening, harassing, abusive, slanderous, racially, or ethnically offensive, hateful, or embarrassing to any other person or entity;

Any message, data, code, or software that would violate our, or any third party, proprietary, or intellectual property rights, including unauthorized copyright text, images, programs, trade secrets, or other confidential proprietary information, or use trademarks or service marks in an infringing fashion;

Any personal information of a third party, or images that include a third party or depict a third party’s likeness, without the third party’s express, written consent;

Any advertisements or solicitations of business, chain letters, pyramid schemes, or bulk e-mail lists or upload;

Any materials that violate, could cause us or a third party to violate, or encourage us or a third party to violate any applicable law, statute, ordinance, or regulation; or

Any content or communications intended to impersonate someone else.

Any content you submit is your sole responsibility. Under no circumstances will we be liable in any way for such content or for any loss or damage of any kind incurred as a result of the use of any of such content. We further reserve the right to monitor, delete or modify any submitted content that it deems offensive, inappropriate, advertising, illegal, off-topic or otherwise violates this Agreement.

We may suspend or terminate, in whole or in part, your access to the Site or Services if you violate the terms and conditions set forth in this Section.

Fees and Purchase Terms.

You acknowledge and agree that it is your sole responsibility to pay any fees or charges (including any fees for missed appointments) in accordance with the billing terms of your Healthcare Professional. Pep Talk Health offers no guarantee that you shall receive any reimbursement from your healthcare insurance for any such fees incurred. Pep Talk Health does not control the pricing structure of services rendered by Healthcare Professionals. Your Healthcare Professional may reserve the rights to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to their own terms of use.

Website Links; Third-Party Products.

WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

WE WILL ALSO NOT BE LIABLE FOR THE OPERATION OR EFFECTIVENESS OF ANY THIRD-PARTY PRODUCT, INCLUDING ANY MEDICAL DEVICES, EVEN IF WE PROVIDE A LINK TO A WEBSITE THAT SELLS SUCH PRODUCTS.

Ownership.

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Pep Talk Health, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms of Use. You must not access or use any part of the Site or any services or materials available through the Site for any commercial purposes. You do not acquire any right, title, or interest in the Site except as expressly provided in these Terms of Use.

Trademarks.

Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos ("Marks") of Pep Talk Health or other entities. You are not authorized to use any such Marks without the express written permission of Pep Talk Health. Ownership of all such Marks and the goodwill associated therewith remains with Pep Talk Health or those other entities.

Termination.

You may end your registration at any time, for any reason by sending an email to help@peptalkhealth.com or by deleting it yourself directly from our platform. Pep Talk Health may suspend or terminate your use of the Site, Services, your Account and/or registration for any reason at any time. Subject to applicable law, Pep Talk Health reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. Once your registration ends, Pep Talk Health will have no further obligation to provide the Services, except to the extent we are directly obligated by law to provide you access to your health records in our possession, custody, or control.

Right to Modify.

We may at our sole discretion change, add, or delete portions of these Terms of Use at any time. We will notify you by email of any changes which materially and adversely affected your use of the Site and/or the Services. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.

DISCLAIMER OF WARRANTIES.

YOU AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEP TALK HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION

WE DO NOT WARRANT OR MAKE ANY PROMISES REGARDING THE CORRECTNESS, USEFULNESS, ACCURACY, AVAILABILITY, OR RELIABILITY OF (I) YOUR USE OR THE RESULTS OF YOUR USE OF THE SERVICES; (II) ANY ADVICE YOU GLEAN FROM THE SERVICES WHETHER PROVIDED BY US OR A THIRD PARTY; OR (III) ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES (INCLUDING WITHOUT LIMITATION THE ACCURACY OF ANY TRANSCRIPTS). WE DO NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED OR WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE WILL HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION OR CONTENT. NO ADDITIONAL STATEMENTS OUTSIDE THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, IS A WARRANTY OR PROMISE BY US AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS.

LIMITATION OF LIABILITY.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PEP TALK HEALTH OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, PLATFORM, OR THIRD PARTY MEDICAL DEVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification.

You agree to indemnify, defend and hold harmless Pep Talk Health, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Geographical Restrictions.

The Site and Services are not intended for use outside of the United States of America. Pep Talk Health makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States.

Disclosures.

Pep Talk Health verifies that all Health Professionals hold professional licenses issued by the professional licensing boards in the states where they practice. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the state where the care was received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board or agency that licenses, registers, or certifies the licensee.

You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website at http://www.fsmb.org/state-medical-boards/contacts.

Any clinical records created as a result of your use of the Services will be securely maintained by Pep Talk Health on behalf of Healthcare Professionals for at least such period of time as is required by applicable state and/or federal law, which is typically at least six years.

Miscellaneous.

These Terms of Use and your use of the Site shall be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Onondaga County, New York under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Alameda County, California, for any action related to these Terms of Use.

Part or all of any provision of these Terms of Use that is illegal or unenforceable will be severed from these Terms of Use and will not affect the continued operation of the remaining provisions of these Terms of Use.

You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, "Communications") through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration, (3) push notifications on your mobile device, or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications through SMS text message by replying “STOP” or by calling Pep Talk Health Member Support.

You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature.

No waiver by Pep Talk Health of any term or condition set forth in these Terms of Use 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 Pep Talk Health to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 of the Terms of Use will continue in full force and effect.

Pep Talk Health is not responsible for the internet or data bandwidth and signal of your mobile device.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, Pep Talk Health has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Pep Talk LLC.

Please report any concerns, or any violations of these Terms of Use, to help@peptalkhealth.com.