Care Recipient Terms & Conditions
The following are the Terms and Conditions (the "Agreement") for the access to and use of an online platform (the “Platform”) through which behavioral health services are provided by licensed professionals to any person who accesses the Platform as a care recipient (the "User", "Client", “you” or "your"). The Platform may be provided, or made accessible via multiple websites, devices and other means, whether owned and/or operated by CarePaths, Inc. or by third parties, including, without limitation, the website www.carepaths.com.
By accessing or using the Platform, or by clicking a button or box indicating that you have read and agree to these terms and conditions, you are entering into this Agreement. If you do not agree to be bound by any term of this Agreement, you should not sign up or access the Platform.
When the terms “CarePaths”, “Platform”, "we", "us", "our", or similar are used in this Agreement, they refer to CarePaths, Inc. and any company that owns and/or operates the Platform, its affiliated companies and the shareholders, directors, officers, employees, consultants, contractors, subcontractors, agents, advisors, assignees and/or successors of the aforementioned companies.
The Platform is also used by Providers, (the “Provider(s)”, “Therapist(s)”, “Clinician(s)”, “Service Provider(s)”, “Counselor(s)”). The terms and conditions for Provider use of the Platform are covered in a separate document.
The Platform is a place where Clients can find Providers available to perform certain online behavioral healthcare services; Clients and Providers can communicate securely, and Clients can make payments for Provider services and/or the use of the Platform.
1. The Providers & Platform Services
1.1 On the Platform, you can find profiles on Providers who are available to provide messaging therapy and video counseling. You can select a Provider or allow the Platform to match you with a Provider based on what you tell us about the situations you want to address, where you are located, and what the Provider tells us about his or her licensure, qualifications, skills, and/or areas of expertise. The Provider then communicates with you on the Platform to provide behavioral healthcare services including, but not limited to, therapy, counseling, and advice (the “Platform Services”).
1.2 The Providers are independent behavioral health professionals. They are not CarePaths, Inc. employees, agents or representatives. Furthermore, we do not direct or supervise the Platform Services delivered by Providers and assume no responsibility for any act, omission, or doings of any Provider. Our role is strictly limited to helping you connect with a Provider, facilitating the communication between you and the Provider, and to enable the provision of the Platform Services. It is up to you to consider your needs, the Providers available on the site, the services offered, and decide whether Platform Services are appropriate for you.
1.3 We make no representation or warranty whatsoever as to (a) the willingness or ability of a Provider to give advice; (b) whether you will find the Platform Services relevant, useful, correct, satisfactory, and/or suitable to your needs; or (c) whether a Provider is categorized correctly or matched correctly to you.
1.4 We verify Provider credentials, such as their license(s), national provider identifier (NPI), and malpractice insurance, when they join the Platform and periodically thereafter. The status of a Provider’s credentials can change over time and we do not represent and/or guarantee that Provider qualifications are current and/or valid at the time they deliver any particular service.
1.5 Profiles of Providers that appear on the Platform and information about how they approach counseling and the conditions they treat are provided by the Providers and is not independently verified. This information is intended to help you form a judgment about how effectively you will be able to work with the Provider.
1.6 The success of counseling depends heavily on the working relationship that is formed between a counselor and a client. Most qualified Providers can work effectively with a wide variety of clients, but personal, cultural, and other factors can sometimes limit the ability of a client and counselor to form an effective working relationship. We encourage you to pay attention to your feelings about your Provider and the counseling process. If you do not feel the Platform Services are meeting your needs, you can address this with your counselor, consider other treatment options, and/or seek services from another Provider.
1.7 Assessment and Progress tracking tools are available through the Platform. These tools can provide valuable information for you and your Provider about your strengths and difficulties, and how you are responding to the services provided. We encourage you to use these tools to evaluate the effectiveness and appropriateness of the treatment you are receiving.
1.8 If you are paying directly for the Platform Services, the charge may be an all-inclusive charge that covers the professional services of your Provider, a charge for use of the Platform technology, an/or a payment processing charge. The fact that the charge is all inclusive does not imply that the Platform is responsible for the services of the Provider, or that the Provider is responsible for the Platform technology or the payment processing.
2. Use of The Platform
2.1 The Platform Services are not appropriate or sufficient for all persons seeking counseling. If you are in crisis, or have reason to believe you would be better serviced by face-to-face care, you should seek such care and not use the Platform. At any time, your Provider can help you evaluate the need for such additional or alternative services.
2.2 IF YOU ARE THINKING ABOUT SUICIDE, CONSIDERING ACTIONS THAT MAY CAUSE HARM TO YOUSELF AND/OR OTHERS, AND/OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU SHOULD SEEK EMERGENCY SERVICES IMMEDIATELY. IN THE U.S.A., YOU CAN CALL 911 OR GO TO A HOSPITAL’S EMERGENCY DEPARTMENT. YOU CAN ALSO CONTACT THE NATIONAL SUICIDE PREVENTION LIFELINE 24/7 FOR TELEPHONE SUPPORT (800-273-8255) OR CHAT SUPPORT (SUICIDEPREVENTIONLIFELINE.ORG). OUR PLATFORM IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED SITUATIONS.
2.3 The Platform may contain other content, products, and/or services which are offered and/or provided by third parties ("Third Party Content") and links to Third Party Content, including but not limited to links to other websites. We provide these links so you and your Provider can consider their appropriateness and usefulness for you. We take no responsibility for such Third Party Content, including, but not limited to, any related products, practices, terms, and/or policies, and we will not be liable for any damage and/or loss caused by any Third Party Content.
2.5 By accepting this Agreement, you also agree you reviewed the “Consent for Treatment” document, available at https://www.carepaths.com/cft/. This consent document contains information about the expected benefits, risks, limitations of, and alternatives to the service Providers have agreed to deliver through the Platform. This information is made available to assist you in making a judgement of the appropriateness of the services for you. This consent document is also incorporated into and deemed a part of this Agreement.
3. Further Disclaimer of Warranty
3.1 Once you have been matched with and accept a Therapist, the communications between you and the Therapist are directed by and under the control of you and your Therapist. The Platform does not review, supervise, direct, and/or control the actions of the Therapist. Therefore, you HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE Platform Service and/or the Platform, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION, AND/OR SERVICE OF ANY MENTAL HEALTH PROFESSIONAL OR ANY OTHER Provider IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION WHO MAY ACCESS THE PLATFORM.
3.2 WE DO NOT REVIEW, RECOMMEND, ENDORSE, EVALUATE, AND/OR PROVIDE ANY GUARANTEE, REPRESENTATION OR WARRANTY, AND SPECIFICALLY DISCLAIM ALL REPRESENTATION AND WARRANTIES, WITH RESPECT TO (A) ANY Provider; (B) ANY INFORMATION ABOUT ANY Provider, INCLUDING WITHOUT LIMITATION ANY QUALIFICATIONS, EXPERTISE, CLAIMS, AND/OR BACKGROUND OF ANY Provider; (C) THE Platform Services (WHETHER THROUGH THE Platform OR NOT), INCLUDING WITHOUT LIMITATION ANY OPINION, RESPONSE, ADVICE, RECOMMENDATION, INFORMATION, AND/OR ANY OTHER CONTENT WRITTEN OR SAID BY A Provider; (D) THE CONTENT AND SUBSTANCE WHICH ARE PART OF THE Platform Services; (E) ANY OTHER CONTENT AND/OR INFORMATION POSTED ON THE Platform AND/OR THROUGH THE Platform; (F) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, SECURITY, PRIVACY, QUALITY, AND/OR APPLICABILITY OF THE Platform and/or the Platform Services.
3.3 The Platform is provided "as is" and THEREFORE YOU WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST US. THE USE OF THE Platform IS AT YOUR SOLE RISK.
3.4 TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED AND/OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ACCURACY.
3.5 WE DO NOT ASSUME AND WILL NOT BE LIABLE FOR: (A) THE ACCURACY OR AVAILABILITY OF THE Platform and/or any part of the Platform; and/or (B) ANY DAMAGES, HARM, AND/OR INJURY ARISING FROM AND/OR RELATED TO THE Platform, the Providers, and/or the Platform Services.
3.6 In the event of a dispute regarding any transaction conducted via the Platform, you hereby relieve us from all manner of actions, claims, and/or demands, and from any and all losses (direct, indirect, incidental, and/or consequential), damages, costs, and/or expenses, including, without limitation, court costs and/or attorneys' fees, which you may have against one or more of the above parties.
4. Limitation of Liability
4.1 WE SHALL NOT BE LIABLE TO YOU AND/OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES.
4.2 OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND/OR ANY AND ALL USE OF THE Platform WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU THROUGH THE Platform IN THE THREE (3) MONTHS PRIOR TO THE DATE OF THE CLAIM.
4.3 WE EXPLICITLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT, AND/OR ACTION MADE BY A Provider, whether relating to Platform Services or not, in connection with your payment for Platform Services or otherwise.
4.4 YOU AGREE, CONFIRM, AND ACKNOWLEDGE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS WITH RESPECT TO ANY SUCH CLAIM.
4.5 If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with the applicable law.
4.6 This section (Limitation of Liability) shall survive the termination or expiration of this Agreement.
5. Your Account, Representations, Conduct & Commitments
5.1 You hereby confirm that you are at least 18 years old of age and are legally able to enter into a contract.
5.2 You hereby confirm and agree that all the information you provided in and/or through the Platform is accurate, current, and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current, and complete.
5.3 You are responsible for maintaining the confidentiality of your passwords and any other security information related to your Platform account (collectively "Account Access"). We advise you to create high-complexity passwords, change your password frequently, and to take reasonable care in safeguarding your passwords.
5.4 You agree to notify us immediately of any unauthorized use of your Account Access and/or any other concern related to a breach of your account security.
5.5 We will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
5.6 You are solely and fully liable and responsible for all activities that are made by using your Account Access. We will hold you liable and responsible for any damage and/or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not. You also agree to indemnify us for any such damage and/or loss.
5.7 You agree and commit not to use the account or Account Access of any other person for any reason. Your use of the Platform, including the Platform Services, are for your own personal use only and you agree you are not using either the Platform or the Platform Services for or on behalf of any other person and/or organization.
5.8 You agree and commit not to interfere or disrupt, or attempt to interfere or disrupt, any of the Platform's systems, services, servers, networks, and/or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
5.9 You agree and commit not to make any use of the Platform for the posting, sending and/or delivering of the following: (a) unsolicited email, advertisement, and/or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist and/or potentially harmful content; (d) any content that infringes a third party right or intellectual property; (e) any content that may cause damage to a third party; and (f) any content which may constitute, cause, and/or encourage a criminal action and/or violate any applicable law.
5.10 You agree and commit not to violate any applicable local, state, national, and/or international law, statute, ordinance, rule, regulation, and/or ethical code in relation to your use of the Platform, your relationship with the Providers, and us.
5.11 If you receive any file from the Platform and/or from a Provider, whether through the Platform or not, you agree to check and/or scan this file for any virus or malicious software prior to opening and/or using this file.
5.12 You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs, and/or expenses (including, but not limited to, litigation and reasonable attorneys' fees and/or expenses) arising out of or relating to any of the following: (a) your access to and/or use of the Platform; (b) any actions made with your account and/or Account Access, whether by you or by someone else; (c) your violation of any of the provisions of this Agreement; (d) non-payment for any of the services (including Platform Services) which were provided through the Platform; (e) your violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property, and/or privacy right. This clause shall survive expiration or termination of this Agreement.
6. Fees & Payments
6.1 You confirm that all payment related information you provided to or through the Platform is accurate, current, and correct, and will continue to be accurate, current, and correct. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
6.2 You confirm and agree to use only payment methods (including but not limited to credit cards or others methods) which you are duly and fully authorized to use.
6.3 You agree to pay all fees and/or charges associated with your account in a timely manner, and according to the fee schedule and/or the terms and rates as published in the Platform. Such fees and/or charges (including any taxes and late fees, as applicable) may be charged on your credit card. By providing us with your credit card information, you authorize us to bill and/or charge you through that credit card. You also agree to maintain valid credit card information in your account information.
7. Modifications, Termination, Interruption & Disruptions to the Platform
7.1 We will make reasonable efforts to ensure the Platform is available for its intended uses and avoid any modifications, terminations, interruptions, and/or disruptions of Platform Services. Should such changes become necessary and/or unavoidable, we will make reasonable efforts to provide notification and/or support to you and your Provider to continue online counseling or make alternative arrangements. However, we may modify, suspend, disrupt, and/or discontinue the Platform, any part of the Platform, and/or the use of the Platform, whether to all users, or to you specifically, at any time with or without prior notice. You agree and acknowledge we will not be liable for any of the aforementioned actions and/or for any losses and/or damages that are caused by any of the aforementioned actions.
7.2 The Platform depends on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and/or suppliers. We do not guarantee that the Platform will be uninterrupted and/or that it will be secure, consistent, timely, and/or error-free.
8.1 We may provide notices and/or other communications to you regarding this agreement or any aspect of the Platform, by email to the email address that we have on record, by regular mail, and/or by posting it online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to email@example.com.
9. Important Notes About Our Agreement
9.1 The laws of the state of Florida will govern any dispute arising from and/or related to this Agreement. The parties submit to the exclusive jurisdiction of the state of Florida and/or federal courts for or in Indian River County, Florida, and agree that any legal action and/or proceeding relating to this Agreement must be brought in those courts.
9.2 We may change this Agreement by posting notices on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting. Therefore, you are encouraged to check the terms of this Agreement frequently. The date of last update for this Agreement is posted at the bottom of this Agreement. By using the Platform after the changes become effective, you agree to be bound by such changes to the Agreement. If you do not agree to the changes, you must terminate access to the Platform and participation in its services.
9.3 We may freely transfer and/or assign this Agreement and/or any of its obligations hereunder.
9.4 The paragraph headings in this Agreement are solely for the sake of convenience and will not be applied in the interpretation of this Agreement.
9.5 If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, and/or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
9.6 All clauses regarding limitations of liabilities and indemnification shall survive the termination or expiration of this Agreement.
BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE, CONFIRM, AND AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN IT.
Updated: April 10, 2020