USE OF THE SERVICES IS NOT FOR EMERGENCIES. IF YOU HAVE A MEDICAL OR
MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR
CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR
EMERGENCY ROOM.
IF YOU ARE CONSIDERING OR CONTEMPLATING HARMING OR KILLING YOURSELF OR
ARE CONCERNED THAT YOU ARE A DANGER TO YOURSELF OR TO OTHERS, YOU MUST
DISCONTINUE USE OF THE SERVICES IMMEDIATELY, CALL 911 OR GO TO THE
NEAREST OPEN CLINIC OR EMERGENCY ROOM.
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Documents Incorporated by Reference
These Patient Terms of Use incorporate by reference the following
documents, which shall be construed as forming part of these Patient
Terms of Use.
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Definitions
“HIPAA” means the Health Insurance Portability and
Accountability Act of 1996;
“Protected Health Information” or “ PHI” means protected health information as defined by
HIPAA’s Privacy Rule found at 45 C.F.R. § 160.103;
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Treatment Providers
A “Treatment Provider” is a regulated professional who
is permitted to provide psychotherapy services and is registered as a
Therapist on the Platform. Treatment Providers may include, but are not
limited to, psychiatrists, psychologists, clinical social workers,
registered psychotherapists, professional counselors and marriage and
family therapists. “Treatment Providers” include
employees, agents, or independent contractors of Treatment Providers.
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Services
The Platform includes, without limitation, the following services
(collectively, the “Services”):
-
the facilitation of the delivery of assessments to You as provided
by you or your child’s Treatment Provider(s);
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the display of the results of such assessments to You and your
Treatment Provider(s);
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the facilitation or delivery of an intake questionnaire;
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the creation and storage of progress notes by your Treatment
Provider(s);
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the provision of other information about the Company and our
products and services through the Platform.
For clarity, the Company is not a provider of telemedicine or
telemedicine services.
THE SERVICES DO NOT INCLUDE THE PROVISION OF HEALTH CARE SERVICES,
MENTAL HEALTH SERVICES OR SOCIAL OR PSYCHOTHERAPY SERVICES, OR ANY
OTHER PROFESSIONAL SERVICES BY THE COMPANY. The Company is simply a
technology service provider that facilitates the
Services through the Platform.
PROVIDERS ARE NOT THE EMPLOYEES OR AGENTS OF THE COMPANY AND ARE NOT
CREDENTIALED BY THE COMPANY. THE COMPANY DOES NOT HAVE ANY OVERSIGHT OF
THE CARE PROVIDED TO YOU BY PROVIDERS. Each Provider is an independent
practitioner who is solely responsible for any health care services or
social or psychotherapy services provided to you, and is also solely
responsible for obtaining your informed consent, where required, to any
medical treatment, including without limitation, your consent to use
the Services, to the extent such consent is required by applicable
state legislation.
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Applicability of These Patient Terms of Use
Your access to and use of the Platform and the Services is conditioned
on your compliance with these Patient Terms of Use. By becoming a
registered user and/or accessing and/or using the Platform and
Services, you agree to be bound by these Patient Terms of Use and all
applicable laws and regulations governing the Services. If you do not
agree with these Patient Terms of Use, you are not authorized to access
the Platform or use the Services for any purpose. Additional terms and
conditions applicable to specific areas of the Platform, together with
the Patient Terms of Use, govern your use of those areas. If you do not
agree with any of these additional terms and conditions, you are not
authorized to access or use those areas of the Platform.
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Medical Advice
While the Services may provide access to certain general medical
information, the Services cannot and are not intended to provide
medical advice. We advise you to always seek the advice of a physician
or other regulated health professional with any questions regarding
your personal health or medical conditions. Never disregard, avoid, or
delay in obtaining medical advice from your physician or other
regulated health professional because of something you have read on the
Website. If you have or suspect that you have a medical problem or
condition, please contact a physician or other regulated health
professional immediately.
THE CONTENT ON THE WEBSITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL
ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR
TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR physician or other regulated
health professional FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION
REGARDING WHICH DRUGS OR TREATMENT MAY BE APPROPRIATE FOR YOU. NONE OF
THE INFORMATION ON THE WEBSITE REPRESENTS OR WARRANTS THAT ANY
PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR
YOU.
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Eligibility Requirements
Access to certain portions of the Platform, Services and Content is
restricted to users registered on the Platform.
There is no guarantee that you will be accepted as a registered user.
Even if you are accepted as a registered user and have a pre-existing
connection with a registered Treatment Provider, your Treatment
Provider or Primary Care Provider may determine that use of the
Services is not appropriate for some or all of your treatment needs,
and accordingly may elect not to facilitate your use of the Services.
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Registration and Passwords
In order to access the Private Portal and certain of the Services you
will be required to complete an online registration form and become a
registered user of the Platform by creating an account (“ Account”). To create an Account, you must be of legal
age to form a binding contract. If you are not of legal age to form a
binding contract, you may not register to use our Services.
In consideration for your use of the Platform and the Services provided
on it, you agree to provide true, current, complete and accurate
information as requested on any registration form to which the Platform
may direct you, and to update that registration information as soon as
possible after any information on such registration form changes.
Upon registration, you will choose a username and password. You alone
are responsible for keeping that password and username confidential,
and for any and all activity that occurs on the Platform under such
password or username. You agree to immediately notify the Company of
any unauthorized use of your password or username or any other breach
of security.
By creating an Account, you expressly consent to the use of: (a)
electronic means to complete these Patient Terms of Use and to provide
you with any notices given pursuant to these Patient Terms of Use; and
(b) electronic records to store information related to these Patient
Terms of Use or your use of the Services. The Company cannot and will
not be liable for any loss or damage arising from your failure to
comply with the above requirements.
We reserve the right to deny your access to the Services or any part
thereof, in order to maintain or restore security or performance to the
Platform or any other Company sites and systems. We may also do so if
we reasonably believe you are in breach of these Patient Terms of Use
or your Account has been or may be being used or may be used by an
unauthorized person(s).
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Privacy Policy
When you use the Platform, the Company will collect certain personally
identifiable information from you, including PHI (“ Personal Information”), as set forth in more detail in
our Patient Privacy Policy, which is
hereby incorporated by reference. By registering on the Platform, you
agree that the Company may collect, use, and disclose your Personal
Information as set forth in our Patient Privacy Policy.
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Patient Profile
Your Patient profile will be established and maintained for you as a
registered user of the Platform to enter, store, and access your or
your child’s Personal Information online, and for your Treatment
Providers to communicate with you about your care. All of the Personal
Information contained in your Patient profile will be maintained in
accordance with the Patient Terms of Use and our Patient Privacy Policy.
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Privacy and Security of Information
By consenting to receive the Services using the Platform, you consent
to the inherent material risks associated with the electronic
uploading, transmission and storage of your Personal Information. By
providing or uploading any of your Personal Information to the
Platform, you are consenting to the collection, use and disclosure of
your Personal Information for the purposes of providing the Services to
you and for consistent purposes. Although the Company uses advanced
encryption technology and other security protocols to protect your
Personal Information, you acknowledge by using the Platform that there
are inherent risks to any technology however remote that could cause
security protocols to fail or be breached, which could result in the
unauthorized collection, use or disclosure of your Personal
Information. The Company will notify you to the extent required by law
of any security protocol failure or breach that has resulted in in the
unauthorized collection, use or disclosure of your Personal
Information.
By consenting to receive the Services using the Platform, you consent
to receive assessments by email or sms, as selected by you. You should
consider that email and sms are not secure means of communication.
There is some risk that Personal Information contained in an email or
sms may be disclosed to, or intercepted by, unauthorized third parties.
The Company cannot ensure the security or confidentiality of messages
sent by email or sms.
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Responsibility for Your Care
Your or your child’s medical care and your mental health care are
solely the responsibility of you and your Treatment Provider(s).
Under the Services, mental health care services or social or
psychotherapy services are provided exclusively by Treatment Providers.
The Company supports Treatment Providers by providing them with a
license to use our intellectual property rights, including our patent
pending inventions, trade secrets, copyrights, trademarks, service
marks, trade dress and proprietary and confidential information and
access to the Company’s technology platform. However, exclusive control
and responsibility for the delivery of mental health care services or
social or psychotherapy services is reserved to Treatment Providers.
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Verification of Treatment Providers
All Treatment Providers available through the Platform represent that
they are permitted to provide psychotherapy services and are a member
in good standing with the regulatory college of their jurisdiction. The
Company requires Treatment Providers to represent and warrant that that
they are in good standing with their respective regulatory college and
to immediately apprise the Company of any changes to such status. The
Company conducts limited credential checks and other verifications of
Treatment Providers and the information they have provided to the
Company. However, the Company is not responsible for credentialing
Treatment Providers, makes no representation regarding the accuracy of
Treatment Providers’ credentials, and expressly disclaims any liability
for fraudulent credentials or claims by Treatment Providers. In
addition, changes in your Treatment Provider’s professional status
after we perform an initial credential check. We recommend that you
separately confirm that your Treatment Provider is in good standing
with his or her respective regulatory college.
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Conduct
As a condition of your continued access to and use of the Platform and
the Services, you agree to abide by all applicable federal, state and
other laws and regulations and the “Code of Conduct” set forth in the
Website Terms of Use. Specifically, in addition, without limiting the
foregoing, you agree not to:
-
upload, post, email or otherwise transmit any Content (as defined
in Section 8 below) to which you do not have the lawful right to
copy, transmit and display (including any Content that would
violate any confidentiality or fiduciary obligations that you might
have with respect to the Content);
-
use the Services to collect or store personal data about other
users without their express permission;
-
knowingly include or use any false or inaccurate information in any
profile;
-
circumvent, disable, or otherwise interfere with security-related
features of the Services or features that prevent or restrict use
or copying of any Content;
-
attempt to probe, scan or test the vulnerability of any Company
system or network or breach or impair or circumvent any security or
authentication measures protecting the Services;
-
attempt to decipher, decompile, disassemble, reverse engineer, or
otherwise attempt to discover or determine the source code of any
software or any proprietary algorithm used to provide the Services;
-
use the Services in any way that competes with the Company,
including, without limitation, misrepresenting one’s identity or
posing as a current or prospective patient in order to solicit or
recruit Treatment Providers, directly or indirectly; or
-
encourage or instruct any other person or entity to do any of the
foregoing.
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Intellectual Property Rights
We or our third party service providers retain all right, title and
interest in and to the Platform and all content that you see or
otherwise experience on the Platform (“Content”),
including all copyrights, patents, trade secrets, trade-marks and other
intellectual property rights. We reserve all rights not expressly
granted in these Patient Terms of Use. These Patient Terms of Use do
not grant or imply any rights to any of our Services or Content,
including our trade-marks, trade names and logo designs, or those of
our third party service providers. You may not use any of our Content,
including names, trade-marks, logo designs or copyrights, in any manner
without our prior written consent. All copies and reproductions of our
Content that you make must retain all copyright and other notices that
are on the Platform or any of our social media sites.
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Your License to Use the Services
When you use the Platform and our Services you may access intellectual
property rights that we or our licensors own or license. Subject to
your compliance with the terms and conditions of these Patient Terms of
Use, the Company grants you a limited, non-exclusive, non-transferable
and revocable license, without the right to sublicense, to access and
use the Services and to download and print any Content provided by the
Company solely for your personal and non-commercial purposes. You may
not use, copy, adapt, modify, prepare derivative works based upon,
distribute, license, sell, transfer, publicly display, publicly
perform, transmit, stream, broadcast or otherwise exploit the Services
or Content, except as expressly permitted in these Patient Terms of
Use, without the Company’s express prior written consent. No licenses
or rights are granted to you by implication or otherwise under any
intellectual property rights owned or controlled by the Company or its
licensors, except for the licenses and rights expressly granted in
these Patient Terms of Use.
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Disclaimer
Your use of the Services and Content is at your sole discretion and
risk. The Services and Content, and all materials, information,
products and services included therein, are provided on an “AS IS” and
“AS AVAILABLE” basis without warranties of any kind.
THE COMPANY AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE
SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF
PERFORMANCE. THE COMPANY AND ITS LICENSORS AND AFFILIATES MAKE NO
WARRANTY THAT THE CONTENT YOU ACCESS ON OUR WEBSITE OR USING OUR
SERVICES SATISFIES THE LAWS AND REGULATIONS REQUIRING THE DISCLOSURE OF
INFORMATION FOR PRESCRIPTION DRUGS.
IN ADDITION, THE COMPANY AND ITS LICENSORS AND AFFILIATES DISCLAIM ANY
WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY TIMELINESS AND
PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR
THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO
YOU BY THE COMPANY WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY
STATED IN THESE TERMS OF SERVICE.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE
ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY
INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO
YOUR INDIVIDUAL CIRCUMSTANCES. OUR SERVICES AND WEBSITE CONTENT ARE
DEVELOPED FOR USE IN THE UNITED STATES OF AMERICA AND THE COMPANY AND
ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY
CONCERNING THE SERVICES OR WEBSITE CONTENT WHEN THEY ARE USED IN ANY
OTHER COUNTRY.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR
LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU.
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Indemnification
You agree to indemnify and hold harmless the Company, its affiliates,
members, directors, officers, employees, agents, and licensors from and
against any and all losses, expenses, damages, claims, fines,
penalties, costs and liabilities (including reasonable legal and
accounting fees), resulting from your (or anyone acting under your
password or username) use of the Platform, connection thereto, or any
alleged violation by you of these Patient Terms of Use, including,
without limitation, the Code of Conduct (as set out in the Website
Terms of Use).
In particular, you agree to indemnify and hold harmless the Company,
its affiliates, members, directors, officers, employees, agents,
sponsors, and licensors for any injury, including but not limited to
bodily harm or death, to you or any third party that may result from
the use of or reliance on any Content.
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Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR THE COMPANY’S LICENSORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
LOST PROFITS THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE
INABILITY TO USE, THE WEBSITE OR ANY CONTENT, OR SERVICES OBTAINED
THROUGH THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH
THE WEBSITE, THE CONTENT, THE SERVICES OR THE PATIENT TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF THE
TREATMENT PROVIDERS OR OTHER LICENSED HEALTHCARE PROFESSIONALS ARISING
FROM OR RELATED TO MEDICAL OR MENTAL HEALTH ADVICE, DIAGNOSIS, OR
TREATMENT THEY PROVIDE TO YOU, EXCEPT AS PROVIDED UNDER APPLICABLE
STATE LAWS. IN MANY JURISDICTIONS, TREATMENT PROVIDERS ARE REQUIRED TO
REPORT CONFIDENTIAL INFORMATION IF THEY HAVE REASON TO BELIEVE THAT A
PATIENT IS LIKELY TO HARM OTHERS OR HIMSELF/HERSELF. IN NO EVENT SHALL
THE COMPANY BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL
INFORMATION BY A TREATMENT PROVIDER FROM WHOM YOU RECEIVE MENTAL HEALTH
SERVICES OR SOCIAL OR PSYCHOTHERAPY SERVICES. THE COMPANY IS NOT LIABLE
TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR
MISCONDUCT OF A TREATMENT PROVIDER PROVIDING MENTAL HEALTH SERVICES. IN
NO EVENT WILL THE CUMULATIVE LIABILITY OF THE COMPANY OR THE COMPANY’S
LICENSORS OR AFFILIATES TO YOU, WHETHER IN CONTRACT, TORT, OR
OTHERWISE, EXCEED $1,000.
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Errors and Inaccuracies.
The information on the Platform may contain typographical errors or
other errors or inaccuracies, and may not be complete or current. The
Company reserves the right to correct any errors, inaccuracies, or
omissions and to change or update information at any time without prior
notice to you. The Company will not, however, guarantee that any such
errors, inaccuracies, or omissions will be corrected. The Company
reserves the right to refuse to fill any orders or provide Services
that are based on inaccurate or erroneous information on the Platform,
including, without limitation, incorrect or out-of-date information
regarding pricing, payment terms, or for any other lawful reason.
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Changes
The Company reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Platform (or any
part thereof) with or without notice. Further, the Company reserves the
right to change these Patient Terms of Use at any time and to notify
you by posting an updated version of the Patient Terms of Use on this
Website. You are responsible for regularly reviewing the Patient Terms
of Use, including, without limitation, by checking the date of “Last
Update” at the bottom of this document. Continued use of the Platform
after any such changes shall constitute your consent to be bound by
such changes, with continued provision of the use of the Platform
constituting consideration from the Company to you for so being bound.
Your only right with respect to any dissatisfaction with (1) these
Patient Terms of Use (2) any policy or practice of ours in operating
the Platform or (3) any Content available through the Platform, is to
stop visiting and using the Platform.
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Termination
You may terminate your Account at any time and for any reason by
providing written notice to the Company. Upon any termination by you,
your Account will no longer be accessible. Any cancellation request
will be handled within 30 days of receipt of such a request by the
Company.
We may suspend or terminate your right to use our Services or the
Platform at any time, in the event that you breach these Patient Terms
of Use, for any reason, or for no reason at all, in our sole
discretion, and without prior notice to you. After such termination,
the Company will have no further obligation to provide the Services,
except to the extent we are obligated to provide you access to your
health records or Treatment Providers are required to provide you with
continuing care under their applicable legal, ethical and professional
obligations to you.
Upon termination of your right to use our Services or the Platform or
our termination of the Services or Platform, all licenses and other
rights granted to you by these Patient Terms of Use will immediately
terminate.
Despite anything to the contrary, all of your covenants, agreements,
representations and warranties made in these Patient Terms of Use will
survive the termination, suspension or cancellation of your access to
the Platform and remain in full force and effect.
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Area of Service
Unless otherwise agreed by the Company, the Services described in these
Patient Terms of Use are solely offered within the United States of
America.
-
Applicable Laws
The construction, interpretation and performance of these Patient Terms
of Use and all transactions under this Agreement shall be governed and
enforced pursuant to the laws of the State of New York, without giving
effect to its conflicts of laws provisions, except to the extent New
York law is preempted by any provision of federal law, including HIPAA.
The Parties agree that all disputes arising out of or relating to this
Agreement will be subject to mandatory binding arbitration under the
rules of Judicial Administration and Arbitration Services (“JAMS”) in effect at the time of submission, as
modified by this Section 6(d). 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 New York County, New York. The
arbitration award so 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
Parties.
If any provision of the present Patient Terms of Use shall be unlawful,
void, or for any reason unenforceable, then such provision shall be
severable from these Patient Terms of Use and shall not affect the
validity and enforceability of any remaining provisions.These Terms of
Use and any and all other legal notices or statements posted on the
Platform constitute the entire agreement between you and the Company
with respect to the use of the Platform, including the Services and the
Content.
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Notice
Notices to you may be made via email or regular mail, or in cases of
changes to these Patient Terms of Use or to the Services offered by the
Platform, by posting notices or links to such notices on the Website
itself.
You agree that it is the express wish of the parties that this
agreement and all related documents be drawn up in English.
If you have any questions or comments regarding these Patient Terms of
Use please contact us at info@greenspacehealth.com