Terms And Conditions - Patients
Use of the Site.
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.
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.
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.
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.
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.
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.
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.
You may end your registration at any time, for any reason by sending an email to email@example.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.
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.
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.
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.
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.