THIS WEBSITE AND ITS SERVICES ARE NOT INTENDED FOR USE IN EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR URGENT MENTAL HEALTH CONDITION, YOU SHOULD SEEK APPROPRIATE EMERGENCY MEDICAL ASSISTANCE BY CALLING 911 OR GOING TO THE NEAREST HOSPITAL.
GroupThera is a technology provider that enables providers to advertise and offer group consultation sessions to patients or publish videos for benefit of patients. GroupThera is not a provider of health care services and functions to arrange for technology that enables the provision of services.
Both patients and Providers expressly understand and agree that each Provider or designee shall exercise Provider’s independent professional judgment consistent with generally accepted standards of medical care in rendering services where appropriate. Thus, in no event shall GroupThera be responsible or liable for any medical services provided by the Providers or designees, and GroupThera shall exercise no control or authority over the patient-Provider relationship or medical services provided by Providers or designee. GroupThera shall have no obligation, responsibility or liability for any Provider’s or designee’s provision of professional services.
Telehealth Services Informed Consent
i. Telehealth is the delivery of health care services using interactive audio and video technology, where the patient and the health care professional are not in the same physical location. During your telehealth consultation with a Treating Provider, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Provider may perform a physical examination through these technologies.
ii. The telehealth services you receive from Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You may form an ongoing treatment relationship with some Providers. However, your initial visit with a Provider will begin as an initial evaluation and will not necessarily give rise to an ongoing treatment relationship. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. As with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
Payments and Fees Terms
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing GroupThera with your credit card number, PayPal account, or other acceptable payment method and associated payment information, you agree that GroupThera is authorized to immediately invoice your account for all fees and charges due and payable to GroupThera hereunder and that no additional notice or consent is required.
GroupThera grants you, the User, a non-exclusive, non-transferable, limited right to access, use and display the Site and the Services and the materials provided herein, and to download or print content displayed on our Site provided that you comply fully with this Agreement. The contents of the Site and the Services are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site or the Services or any part of them in any way. The Services, the Site and all information and/or Content are exclusively owned by GroupThera or our licensors and is protected by U.S. and international copyright, trademark, patent, and other laws. Unless otherwise stated, GroupThera and/or its licensors own the intellectual property rights in the website and material on the website. You acknowledge that GroupThera and our licensors own or have the license to use all the intellectual property rights relating to the Site, Service and Content, including without limitation, including applicable copyrights, trademarks and other proprietary rights. You may print, download and store information and Content from the site for your own personal, non-commercial use only. You may not copy, modify, distribute or otherwise use the Content or program code for any purpose whatsoever, without GroupThera’s express written consent. User will not acquire any intellectual property rights in GroupThera by your use of the Services or the Site.
It is expressly understood and agreed to that GroupThera may cancel or terminate this Agreement at any time. GroupThera also reserves the right to restrict, suspend or terminate your access to the Site and/or the Services in whole or in part, without notice, with respect to any breach, suspected breach or threatened breach by you of any portion of this Agreement. If GroupThera terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, GroupThera reserves the right to refuse to provide access to the Site or the Services to you in the future.
USE OF THE GROUPTHERA WEBSITE
In connection with using the Site and the Services to locate and schedule appointments with Providers, you understand and acknowledge that you are responsible for choosing your own Provider. GroupThera does not recommend or endorse any Providers and does not make any representations or warranties with respect to these Providers or the quality of the healthcare services they may provide.
Content provided by Provider is intended for general reference purposes only. Such Content often changes frequently and may become out of date, incomplete or inaccurate. GroupThera does not provide any advice, qualification or certification about any particular Provider. You are encouraged to independently verify such Content. GroupThera makes no claim as to the safety, appropriateness, or effectiveness of any services or products or devices marketed through the Services on the Site. You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk.
Providers may create a profile page on GroupThera to provide relevant information about their education, experience and areas of specialization. Providers are solely and exclusively responsible for the content of their respective profiles. GroupThera will not be liable for the content of the Provider’s profiles, including, without limitation, the accuracy or reliability of any information contained therein. Users should carefully evaluate the Provider(s) prior to selecting them by calling the appropriate licensing or certification authorities to verify listed credentials and education about a particular Provider, the Provider’s office, your current Providers, the medical association(s) relevant to the Provider’s specialty, your state medical board(s), and any other resources for validating the Provider’s credentials.
The content of this Site, including all text, graphics, images, information and other material ("Content") contained on the Site, are intended for informational and educational purposes only, and not intended to be a substitute for professional medical advice, diagnosis, or treatment.
To the extent medical advice is provided to you by a Provider through the Services, such medical advice is solely based on the provider’s professional experience and guidance and could reference your personal health data as provided by you and the local standards of care for your presenting symptoms, based on your use of the Services. Responses to your medical questions are at the sole discretion of the Provider. GroupThera has no control or liability in respect to any medical inquiries on the site.
Providers in rendering any services are at all times acting and performing as independent contractors with respect to GroupThera. Nothing herein shall be construed to create in law or in fact an employer-employee, principal-agent, partnership, corporate or joint venture relationship between Providers and GroupThera
Each Provider is responsible for obtaining your informed consent to any medical diagnosis or treatment, including without limitation, your consent to use telehealth services.
If you have or suspect that you have an urgent medical problem or condition, please contact a qualified medical professional immediately. Do not disregard or delay obtaining medical advice from a medical professional because of information you may have read or obtained on this Site. DO NOT USE GROUPTHERA's SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 AND GO TO YOUR NEAREST HOSPITAL. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
Your medical care and/or your mental health care are solely the responsibility of you and your Provider. All Providers who have created a Provider Profile through the GroupThera Site represent that they have the necessary degrees, licenses and/or certifications in their areas of specialty, as applicable. GroupThera recommends that users separately confirm that Provider(s) are in good standing with their respective licensing board(s). GROUPTHERA AS A PLATFORM, IS NOT RESPONSIBLE FOR CREDENTIALING PROVIDERS AND MAKES NO REPRESENTATION REGARDING THE ACCURACY OF THEIR CREDENTIALS. GroupThera will not be liable for fraudulent credentials or claims made by Providers.
Restrictions on Use of This Website
By using this Website, you agree:
b. Not to copy, modify or create derivative works involving the Content, except you may print a reasonable number of copies for your personal use;
c. Not to misrepresent your identity or provide us with any false information in any information-collection portion of this website, such as a registration or enrollment application page;
d. Not to take any action intended to interfere with the operation of this website;
e. Not to access or attempt to access any portion of this website to which you have not been explicitly granted access;
f. Not to share any password assigned to you with any third parties or use any password granted to a third party;
g. To comply with all applicable laws and regulations while using this website or the Content.
Communication and Data Retention
Users with User Accounts must submit an email address where they can receive emails from Company and Users, regarding communication in connection with Services.
Sensitive information includes, but is not limited to: User financial information, email addresses, passwords, usernames, medical information, medical records, and social security numbers. Except as otherwise agreed by the parties, GroupThera will keep sensitive information for the shortest possible duration that is reasonably necessary in order to carry out the task for which it was collected. GroupThera has taken all reasonable and appropriate security measures to ensure the security of sensitive information. Furthermore, any and all data and communications shall be retained to minimally meet any applicable legal or ethical reporting or document retention requirements.
Fees and Payments
Any fees associated with the use of GroupThera's Services, platform and other products and offerings is clearly specified to Users, and must be agreed to in advance by the user.
Any "linked" payment processing accounts with third parties (such as credit card accounts) will appear in your User profile on the Site. You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.
GroupThera's fee arrangements or policies, if any, may be changed from time to time by posting the changes on the website.
Privacy and Confidentiality
When You use the Services, GroupThera has access to, and in many cases will monitor, your usage of the Services as you send and receive Content. By using the Services, you agree that GroupThera may collect, use, and disclose information you provide during your use of the Services. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services and your Account, which you may not be able to opt out from receiving.
You agree to hold GroupThera harmless in the event your information is required to be disclosed by law, or is accidentally or maliciously obtained by a third party.
The confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our affiliates are responsible for the security of any information transmitted via the Internet or the accuracy of the information contained on this Site.
Limitation of Liability
NEITHER GROUPTHERA, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR CONTENT PROVIDERS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ITS WEBSITES, THE CONTENT OR ANY SERVICE PROVIDED HEREIN. THE CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND COMPANY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY. USER AGREES AS A CONDITION FOR THE USE OF THIS SITE THAT GROUPTHERA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF PROGRAMS OR DATA, OR INTERRUPTION IN BUSINESS ACTIVITY, RESULTING FROM OR CAUSED BY WEBSITES, THEIR CONTENT, ANY SERVICES PROVIDED HEREIN OR THE DELAY OR INABILITY TO USE THE COMPANY'S WEBSITES, OR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED WEBSITE.
GroupThera will not be responsible for or relating to the delay, interruption, failure or corruption of any data or other information transmitted in connection with use of this Site. GroupThera does not warrant that the functions contained in the Site or mobile services will be uninterrupted or error-free, that defects will be corrected, that the Site or mobile services will meet any particular criteria of performance or quality, or that the Site, including forums or the server(s) on which the Site is operated, are free of viruses or other harmful components. GroupThera assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this site. We do not guarantee the accuracy, reliability or completeness of the Content, software, text, links, communications or other information provided on or through the use of this Site. GroupThera disclaims all liability or responsibility for injury or impairment experienced by You if you utilize any Provider(s) accessed through this Site.
GroupThera is not liable for any personal injury or wrongful death caused by the use or misuse of the Site, Services or the Content. Use of this Site and the mobile Services is at the User's risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, content or other material (including without limitation software) accessed through or obtained by means of the Site. UNDER NO CIRCUMSTANCES SHALL GROUPTHERA OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, MEDICAL MALPRACTICE OR NEGLIGENCE OF PROVIDERS UTILIZED THROUGH USE OF GROUPTHERA, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE.
You agree that GroupThera has no control over, and cannot guarantee the availability of any Provider at any particular time when scheduling an appointment with the Provider. GroupThera will not be liable for any canceled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Site or Services. GroupThera has no control over, and makes no guarantees about the accuracy of content posted by any Provider on the Site.
We cannot guarantee the continuous operation of or access to our Services. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis.
Modifications to the Site or Services
We reserve the right to modify or discontinue the Site or Services with or without notice to You. We will not be liable to You or any third party should we exercise our right to modify or discontinue the Site and/or Services. If You object to any such changes, Your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Site or Services as so modified.
Release and Indemnification
If you have a dispute with one or more Users, you release GroupThera (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
Limitation of Claims
No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
This Agreement, including any exhibits hereto, contains the entire understanding of the parties with respect to its subject matter. This Agreement supersedes all prior and/or contemporaneous agreements and understandings between the parties, written or oral, with respect to its subject matter, and there are no restrictions, agreements, promises, warranties, covenants, or undertakings between the parties with respect to the subject matter hereof other than those expressly set forth herein
Except to the extent applicable law provides otherwise, this Agreement between You and GroupThera, and any access to or use of the Site or the Services are governed by the federal laws of the United States of America and the laws of the State of New Jersey, without regard to conflict of law provisions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Accessibility of Site Outside of the United States of America
Unless otherwise agreed by GroupThera, the Services described in this Agreement are solely offered within the United States of America. We make no representation that the Site or Services are appropriate or available for use outside of the United States of America. Those who choose to access this Site from a location outside of the United States of America are doing so of their own accord and are responsible for compliance and applicable local laws.