IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 9-1-1 IMMEDIATELY
Last updated September, 2022
· www.talkiatry.com (our “Website”); and
· The services (“Services”) made available through our Website.
The non-medical business support services, including ourWebsite, are collectively referred to as our “Platform.”
Talkiatry is not a medical group and does not provide medical advice, care, and/or treatment. Talkiatry provides administrative and management services to independent, physician-owned and operated, medical practices. Any telemedicine consults obtained through our Platform are provided by Providers, including but not limited to Medical Group. Talkiatry licensesthe “Talkiatry” brand name to Medical Group and other affiliated medical practices that use our Platform to assist in the provision of Services. Each Talkiatry-branded practice is owned and operated by a licensed clinician. There is no single provider of medical care called “Talkiatry.” Each Talkiatry-branded practice engages a network of United States based clinicians who provide clinical telehealth services. The Providers deliver clinical services via the Platform to their patients. Talkiatry does not provide medical advice or care, own or operate the medical practices, employ or in any way supervise the clinicians providing medical care, and control over the care provided is the sole responsibility of the independent medical practices and the Providers they employ. Services and practices may vary across Providers, and patients should contact the Providers at Medical Group directly for all questions concerning their medical care.
Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended.Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.
By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors;although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information,those protocols could fail causing a breach of privacy of your health information.
Certain medications offered by the Providers through thePlatform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Services.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact your Provider,a physician or pharmacist if you have any questions regarding the prescription.We fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice.
We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services obtained through thePlatform are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
The Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies,know-how, software, text, displays, images, video, audio, trademarks, logos,service marks, features and functionality, and the design, selection and arrangement thereof, are owned by Talkiatry, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and other intellectual property or proprietary rights laws (collectively, the “Content”).
You may not frame or utilize framing techniques to enclose,or deep linking to, any name, trademarks, service marks, logo, content, orother proprietary information (including, without limitation, images, text,page layout, or form) of Talkiatry without our express written consent.
You must not access or use any part of the Platform or any services or materials available through the Platform for outsourcing for others or as part of a service bureau business so otherwise for the benefit of unaffiliated third parties who pay directly for its benefit or for other similar commercial purposes, or otherwise exploited for any commercial purpose without express written consent of Talkiatry.
Talkiatry operates subject to state and federal regulations,and the Platform may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Platform under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform is limited exclusively to users located in states within the United States where the Platform is available.Services are not available to users located outside the United States.Accessing the Platform from jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
Violations of system or network security may result in civil or criminal liability. Talkiatry will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Platform or any activity being conducted on the Platform.
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions,information, files, videos, images, or other materials to us or our Platform (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory,abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent,pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity,or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Platform users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Talkiatry and Medical Group that you have the legal right and authorization to provide all User Information to Talkiatry and Medical Group for use as set forth herein and required by Talkiatry and the Medical Group Provider.
Talkiatry or Medical Group may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Talkiatry or Medical Group may disclose, aggregate,sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
If you are under 18 years of age, you must get permission from your parents or legal guardian before using our Platform. If you are under the age of 18, do not use or provide any information on or to the Platform or through any of its features without parental consent. If we learn we have collected or received Personal Information from a child under the age of 18 without verification of parental consent, we will delete it. If you are the parent or guardian of a child unde r18 years of age whom you believe might have provided use with their Personal Information, you may Contact Us to request the Personal Information be deleted.
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Platform and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
Although we attempt to ensure the integrity and accuracy of the Platform, we makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice.Information contained on the Platform may be changed or updated without notice.Additionally, Talkiatry shall have no responsibility or liability for information or Content posted to the Platform from any unaffiliated third party.
We have made significant efforts to accurately display the colors of any products or content that may appear on the Platform. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers or business partners, we shall have the right to refuse or cancel any orders placed for a Service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
To file a notice of infringement with us, please provide the following information to the Talkiatry designated copyright agent listed below:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed.
2. A description of the material that you claim is infringing the copyrighted work listed in item #1.
3. An address, telephone number, and an email address where the alleged infringing party can contact you.
4. The following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. Your electronic or physical signature.
Talkiatry has registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). Please send notifications of infringement and counter notifications to the designated agent at:
Attn: Copyright Agent
Talkiatry Management Services, LLC
Phone: 833-351-TALK (8255)
Email: privacy @talkiatry.com
Address: 109 W 27th St., Suite 5S
New York, NY 10001
You can pay for Services on the Platform. To simplify the user experience on the Platform, you are able to pay for your purchases via thePlatform with Talkiatry serving as payment processing agent on your behalf. If you elect to purchase a Service from Medical Group, then the total price you pay includes the amount charged by Medical Group for the Service. We collect the amounts charged by Medical Group on your behalf and pass through to them the payment for their actual charges. Before making a purchase, you will see an itemized invoice listing the actual charges by Medical Group for the Services.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized and the order information is verified for accuracy. Some situations that may result in your order being canceled include limitations on quantities available for purchase,inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (orother payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
Talkiatry makes every effort to provide available appointments for you. You agree if that if you cancel or have to reschedule an appointment without 48 hours’ notice or do not show up for your scheduled appointment, you will be charged a $100.00 cancellation fee. You also agree that if a cancellation or no-show fee is due to Talkiatry, Talkiatry is permitted to charge the credit card maintained on file for such fees.
We make no representations whatsoever about any other website that you may access through the Platform. When you access a non-Talkiatrywebsite, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-Talkiatrywebsite does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to thePlatform, you do this entirely at your own risk.
By providing your mobile number, you are agreeing to be contacted by or on behalf of Talkiatry at the mobile number you have provided,including calls and text messages, to receive informational or service related(e.g., progress tracking, reminders, etc.) messages and communications relating to the Platform. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP.We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you are quest to identify services you wish to stop. Please note, that by withdrawing your consent, some of the functions provided by the Platform may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.
Talkiatry, Medical Group, and your Provider are committed to being compliant with the Controlling the Assault of Non-Solicited Pornographyand Marketing Act (“CAN-SPAM Act”)and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in the above section, Consent to Receive Calls,Text Messages, and Audio and/or Video Recording. E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM Act or the TCPA,please Contact Us.
When you use the Platform, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Talkiatry,Medical Group, and your Provider may contact you by telephone, mail, or e-mail to verify your information. Talkiatry, Medical Group, and your Provider may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Platform. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Platform until you provide the information to us as requested.
To be a healthcare provider using the Platform (for purposes of this Section, “Provider” or “you”), you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by the Medical Group, and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Talkiatry users (including, but not limited to, your Medical Group patients) is directly between you and the patient. The patient will never have a physician-patient relationship with Talkiatry.Talkiatry does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements,consents, notices, and other interactions with patients and other consumers.Without limiting the generality of the foregoing, Provider and Talkiatry are each responsible for all billings and collections from patients and other consumers, and Talkiatry shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
We do not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods, or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Platform in determining Provider’s compliance obligations under the law. Provider and Talkiatry agree that Talkiatry is not providing to customers, patients, or anyone else, medical advice, or legaladvice. THE PLATFORM IS NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.
Provider will use the Platform only in accordance with applicable standards of good medical practice. While software products such as the Platform can facilitate and improve the quality of service that Provider can offer patients, many factors, including but not limited to the provider/patient relationship, can affect a patient’s outcome, and with intricate and interdependent technologies and complex decision-making, it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider will advise patients,when reasonably necessary, that Services provided through the Platform may not be a complete or adequate substitute for in-person assessments by the Provider.Provider shall be solely responsible for its use of the Platform and the provision of medical services to Provider’s patients. In this regard, Provider releases Talkiatry and waives any and all potential claims against Talkiatry as a result of Provider’s use of the Platform and the provision of Services to Provider’s patients.
As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify, and hold Talkiatry harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Talkiatry, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Platform. To the extent applicable, Provider will obtain Talkiatry’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Talkiatryor defect in the Platform. Talkiatry will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant toProvider exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents,notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Platform (“Provider Content”) or provide any Provider Content to patients or other consumers,you agree not to provide any Provider Content that (a) is defamatory, abusive,libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic,or harmful, or that could encourage criminal or unethical behavior, (b)violates or infringes the privacy, copyright, trademark, trade dress, tradesecrets, or intellectual property rights of any person or entity, or (c)contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from,and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mails, telephone calls,mailings, or any other method of communication. You represent and warrant to Talkiatrythat you have the legal right and authorization to upload all Provider Content to the Platform. Talkiatry shall have a royalty-free, irrevocable, transferable right, and license to use the Provider Content however Talkiatry desires,including without limitation, to copy, modify, delete in its entirety, adapt,publish, translate, create derivative works from or sell or distribute such Provider Content or incorporate such Provider Content into any form, medium, or technology throughout the world. Talkiatry is and shall be under no obligation:(i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content.
Talkiatry does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Platform. You grant Talkiatry the right to use the name that you submit in connection with any Provider Content. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Platform or provide to patients or other consumers. Talkiatry and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
We will try to work in good faith to resolve any issue you have with the Platform and Services ordered or purchased through the Platform,if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
YOU AND TALKIATRY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,unless both you and Talkiatry agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
TALKIATRY DOES NOT WARRANT THAT ACCESS TO OR USE OF THEPLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED "ASIS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. TALKIATRY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THEPLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND LINKED WEBSITES. TALKIATRY DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES,WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.
WARRANTIES RELATING TO SERVICES OFFERED, SOLD, AND DISTRIBUTED BY TALKIATRY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY,PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES.
TALKIATRY AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA,OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM,PLATFORM-RELATED SERVICES, SERVICE, CONTENT, OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT,TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/ORTHOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF TALKIATRY TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM AND SERVICES IS $500 (FIVE HUNDRED DOLLARS).
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Platform nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by,such laws and regulations. By using the Services, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Copyright ©2022 Talkiatry Management Services, LLC, All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Talkiatry Management Services, LLC
Phone: 833-351-TALK (8255)
Email: privacy @talkiatry.com
Address: 109 W 27th St., Suite 5S
New York, NY 10001