Terms and Conditions
DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS.
IF YOU ARE IN CRISIS, HAVE SUICIDAL THOUGHTS OR EXPERIENCING A MEDICAL EMERGENCY, IT’S IMPORTANT THAT YOU SEEK HELP IMMEDIATELY. PLEASE CALL THE NATIONAL SUICIDE PREVENTION LIFELINE 1-800-273-8255 OR 911 AND ASK FOR HELP.
Psychiatry Live is owned and operated by Psyche MD Mental Health Solutions LLC (“PMD”). PMD makes this site available for the sole purpose of facilitating communications between health services providers and consumers who choose to use the online service.
YOUR USE OF PSYCHIATRY LIVE
Interaction with health services providers using Psychiatry Live is not intended to take the place of appointments with your regular primary care provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. Do not disregard medical advice from your regular doctor or other health professional because of information provided by a health services provider via Psychiatry Live.
PMD is not licensed to practice medicine and does not render medical care or medical advice.
Neither PMD, nor any of its licensors or suppliers, shall be liable for any advice obtained from a health service provider using Psychiatry Live. PMD does not recommend or endorse any specific providers, tests, medications, products or procedures. All services or recommendations made by a health service provider are based on their independent professional judgment.
INFORMATION ABOUT HEALTH SERVICE PROVIDERS
When you choose to use the Psychiatry Live communication tool you will be provided with a list of health services providers based on the selection criteria that you provide and on provider availability. The information we make available about any particular health services provider is supplied to us by that provider, and PMD makes no warranty as to its accuracy. Users of the Psychiatry Live communication tool are ultimately responsible for choosing which health services provider to communicate with.
YOUR COMMUNICATIONS
You are responsible for your own communications using Psychiatry Live. You may not:
- communicate material that is copyrighted, without the permission of the copyright owner;
- communicate material that reveals trade secrets, unless you have permission of the owner;
- communicate material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- communicate material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or entity;
- communicate a sexually explicit image;
- communicate chain letters or pyramid schemes;
- impersonate another person; or
- violate the Children’s On Line Privacy Protection Act.
CHARGES FOR SERVICES
You will be informed of the fee to be charged when you select a services. Fees may vary from service to service and provider to provider. You will be asked to supply credit card information, which will be verified prior to your online visit. You will not be able to use Psychiatry Live to communicate with a health services provider if the credit card information you provide is inaccurate or if your credit card is declined.
In the event there is a connection disruption within the first ninety (90) seconds of the visit, no charge will be incurred. Thereafter, if there is an interruption, but your selected provider remains connected, the stated charge will still be made. In the event the selected provider loses the connection at any point in the visit, a charge may or may not be incurred. You will not be charged any fee other than the fee for your visit with your selected Provider.
In order to facilitate payment for your online visit, PMD will share your credit card information and related personal information to its designated credit card payment processor. This information is shared solely for the purpose of collecting the fee.
RESPONSIBILITY FOR APPLICABLE FEES AND INSURANCE BENEFITS
You are solely responsible for all fees associated with your use of the Psychiatry Live communication tool. You may, at your sole discretion, elect to provide Psychiatry Live with your health insurance information. This will information will be used to electronically check your eligibility and submit a claim on your behalf. Your copay and/or deductible will be estimated based on the response from your health insurance provider at the time of the visit and will be charged to your credit card. The actual payment by your health plan may be more or less than the estimated amount. If your health plan reimburses more than the estimated amount, Psychiatry Live will refund the difference back to your credit card. If your health plan reimburses less than the estimated amount, you will be responsible for paying the difference. If your health insurance carrier has entered into a contract with a health services provider to reimburse the provider for services, the amount your insurer has agreed to reimburse the provider will be reflected in the fee that you are charged. You are encouraged to contact your insurer to see if the services offered through Psychiatry Live are covered prior to using Psychiatry Live.
PLEASE NOTE that in order to take advantage of any insurance benefits your insurer may offer you must create a Psychiatry Live account. Users who have not created an account will not have their Psychiatry Live claim electronically submitted to the user’s insurance, even if such benefits are offered by the user’s insurer.
PASSWORDS AND ACCOUNT
Your username and password (collectively, the “Password”) will allow you to access the Psychiatry Live communication tool. You are solely responsible for controlling your Password, and are prohibited from making available your Password to any third party. You are responsible for all activities that occur under your Password. You agree to notify Psychiatry Live Customer Support at 214-744-3363 immediately of any unauthorized use of your Password or of any need to reset or lock down the Password(s) associated with your account.
TERMINATION
PMD may terminate any user’s right to use this site at any time. PMD reserves the right to block, delete or stop the uploading of materials and communications that it in its sole discretion finds unacceptable for any reason. If your right to use this site ends, you shall make no further use of this site or any information obtained from this site. If you find that you have been terminated, you may contact Psychiatry Live Customer Support at 1-888-LiveHealth for further information.
LINKING TO OTHER SITES
From time to time we will provide links to other websites, not owned or controlled by PMD. We do this because we think this information might be of interest or use to you or where, as a user, we can provide you with value-added services. While we do our best to ensure your privacy, we cannot be responsible for the privacy practices of other sites. A link to a non-PMD website does not constitute or imply endorsement by PMD. Additionally, we cannot guarantee the quality or accuracy of information presented on non-PMD websites. We encourage you to review the privacy practices of any website you visit.
APPROPRIATENESS OF CONTENT
This website is not intended to attract children under the age of 18. Children under 18 must be enrolled on the site under their parent or guardian’s account as a dependent. Parents or guardians are solely responsible for being present with their minors when using the Psychiatry Live tool.
NO LIABILITY FOR COMPUTERS AND NETWORKS USED TO ACCESS YOUR ACCOUNT
We are only responsible for the security of the computer systems we own and operate. PMD shall have no liability for information about you stored or recorded by any computer or mobile device or any network, whether public or private, that you may use to access Psychiatry Live.
ACCEPTABLE USE
You agree not to access or use the Psychiatry Live communication tool for an unlawful or illegitimate purpose. You shall not attempt to disrupt the operation of the services or the Psychiatry Live system. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks.
OPERATION AND RECORD RETENTION
PMD reserves complete and sole discretion with respect to the operation of Psychiatry Live. PMD may withdraw, suspend or discontinue any functionality or feature of the services. PMD is responsible for maintaining data arising from use of the services, but does not warrant the accuracy or completeness of the data stored. PMD reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Psychiatry Live system pursuant to its internal record retention and/or destruction policies.
INTELLECTUAL PROPERTY
All of the content available on or through Psychiatry Live is the property of PMD or their licensors, and is protected by copyright, trademark, patent, trade secret and other intellectual property laws. We give you permission to display, download, store and print the content only for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received using the Psychiatry Live communication tool to anyone. All software and accompanying documentation made available for download from the Psychiatry Live website is the copyrighted work of PMD or its licensors. “Psychiatry Live ®” is the trademark of PMD. All other brands and names are the property of their respective owners. Nothing contained on the Psychiatry Live website should be construed as granting any license or right to use any trademark displayed on this site without the express written permission of PMD, Psychiatry Live, or any other party that may own the trademark.
Subject to these terms and the Psychiatry Live User Agreement, PMD hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Psychiatry Live website to the extent, and only to the extent, necessary to access and use the Psychiatry Live communication tool for your personal use.
DIGITAL MILLENNIUM COPYRIGHT ACT
PMD respects the intellectual property of others and expects users of our website to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site or through this service, you must provide the following information when providing notice of the claimed infringement to PMD:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner and identification of the copyrighted work that is infringed;
- Information reasonably sufficient to permit PMD to contact you, such as an address, telephone number and/or electronic mail address;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;
- A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted as a written notification to PMD through PMD Customer Service or by writing us at 1333 W.McDermott Suite 150, Allen, TX 75013, ATTENTION: LEGAL DEPARTMENT/DMCA COMPLAINT. This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).
LIABILITY OF PMD AND ITS LICENSORS AND SUPPLIERS
No Liability. PMD AND ITS LICENSORS AND SUPPLIERS (INCLUDING, FOR THE PURPOSES OF THIS ENTIRE SECTION, ALL PROVIDERS OF CONTENT FOR THIS WEB SITE) SHALL NOT BE LIABLE TO YOU, UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LIABILITY OR INDEMNITY, FOR ANY DAMAGES OR PENALTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PMD SHALL BE LIABLE TO YOU ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU. THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
PMD and its licensors and suppliers are not responsible for any claims you may have against any medical professionals, suppliers of products or other persons, institutions or entities identified in whole or in part through this website.
No Warranties. THE SITE, SERVICES, CONTENT AND INFORMATION ARE PROVIDED “AS IS.” PMD, ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE.
PMD, ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION IN, OR LINKS OR SEARCHES CONDUCTED THROUGH THIS SITE IS COMPLETE, EXHAUSTIVE, RELIABLE, CURRENT OR ACCURATE. NO CLAIMS OR ENDORSEMENTS ARE MADE FOR ANY DRUG, HERB, SUPPLEMENT, COMPOUND, THERAPY, OR TREATMENT.
INDEMNIFICATION
Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, You agree to indemnify and hold harmless PMD and its licensors and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of the Psychiatry Live and/or your receipt of services; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any of your obligations set forth here. You shall not settle any such claim without the written consent of the applicable Indemnified Party.
CURRENT PROCEDURAL TERMINOLOGY (“CPT”)
Fee schedules, relative value units, conversion factors and/or related components are not assigned by the American Medical Association (“AMA”), are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein.
CPT© 2018 AMA. All rights reserved. CPT is a registered trademark of the AMA.
CHANGES TO THIS NOTICE
PMD may revise, modify or amend the information contained on this page at any time. Any such revision, modification or amendment shall be effective immediately upon either posting it to this web site or otherwise notifying you.
MISCELLANEOUS
PMD is based in Indianapolis, Indiana in the United States of America and makes no claims that the content and information included at this site is appropriate or may be downloaded outside of the United States. Access to the content and information included at this site may not be legal by certain persons or in certain countries. If you access this site from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction and any other applicable laws.
These terms of use shall be governed and construed in accordance with the laws of the State of Indiana without regard to the choice of law provisions of any jurisdiction. PMD may without notice to you assign its rights and duties hereunder to any party at any time. Failure to enforce or insist on strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. You agree that any legal action or proceeding between PMD and you in any way related to these terms of use shall be brought exclusively in a court of a competent jurisdiction sitting in Indianapolis, Indiana. Any cause of action or claim you may have against or involving PMD must be commenced within one year after the claim or cause of action arises. Neither the course of conduct between the parties nor trade practice shall modify these terms. The invalidity or unenforceability of any provision shall not in any way affect the validity or enforceability of the rest of these terms.
NOTICES
To the extent that the law and/or any applicable regulation allows for the provision of notice electronically, use of this site and the Psychiatry Live communication tool constitutes agreement by the user to receive all such notices electronically, including but not limited to notices required by state or federal privacy laws, and all financial information pertinent to, or required in connection with the operation of Psychiatry Live.
QUESTIONS
If you have questions and comments, or if you believe that your confidentiality has been breached or that any of your communications have been intercepted, or you wish to notify us regarding a suspected violation of these terms, please contact Psychiatry Live Customer Support by email at [email protected] or call toll free at 1-888-LiveHealth immediately.
Psychiatry Live is produced by PMD at various locations including
1333 W. McDermott Suite 150, Allen, TX 75013.
© 2018 PMD. All rights reserved.
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