Fees and Payments
You agree to pay all fees required to use the Services and obtain PEER reports. We reserve the right to change the fees for any of the Services, including the fee for PEER reports, at any time and without prior notice. If you have provided us with a debit/credit card for payment, you hereby authorize us to bill such debit/credit card for the Services you use, including any PEER Reports that you purchase.
If, for any reason, your debit/credit card company refuses to pay the amount billed for the Services, you agree that we may, at our option, suspend or terminate your use of the Services and require you to pay the overdue amount by other means acceptable to us. You are responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against MYnd Analytics. MYnd Analytics, Inc. reserves the right to change out-of-pocket expense to the credit card on file.
*Payments, must be made on the day that the Service is provided. There will be no refunds once Service has been provided.
*Appointments must be canceled at least 48 hours in advance. A no-show fee of $50 will be charged if an appointment is canceled with less than 48 hours notice, except in instances where giving notice was not possible.
Use of Our Data and Other Information
All of the data and information that we make available through the Services are intended for physicians and other healthcare professionals. We do not provide professional advice or recommend particular treatments or products through the Services. The Services, including any reports obtained are to be used only as adjunctive information and are not to be used without full consideration of all clinical factors, package insert medication information, FDA approved usage and warnings, limitations on use of any agents for patients of any age, pregnancy status, or otherwise, cross toxicities with other medications (psychotropic or otherwise), or any other relevant medical factor reasonably considered by a skilled and experienced physician who treats patients diagnosed with behavioral disorders. You understand that ratings are specific to each agent and no combinatorial ratings are given or implied. The Services nor the PEER reports are not meant to serve as a substitute for the clinical judgment of a healthcare professional and you are solely responsible for independently evaluating and verifying the information obtained from the Services or the PEER reports and for your use or misuse of such information in connection with your treatment decisions or otherwise.
MYnd Analytics owns all right, title and interest in and to its logos and trademarks used in connection with the Services. All other logos and trademarks used in connection with the Services are the property of their respective owners.
In addition, MYnd Analytics owns all right, title and interest in and to (i) the Services and the databases, information, content, software and related systems presented to you through the Services or used in connection with the Services, (ii) all modifications, improvements and derivative works of such databases, information, content, software, and related systems, and (iii) all clinical information and data which is used and or incorporated, in whole or in part(collectively, the “MYnd Technology”). You acknowledge and agree that the MYnd Technology contains proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, trade secrets, service marks, patents or other proprietary rights and laws (“Intellectual Property Rights”). MYnd Analytics owns all right, title and interest in and to the Intellectual Property Rights related to the MYnd Technology, including all modifications, improvements and derivative works of such Intellectual Property Rights.
General Practices Regarding Use and Storage
You acknowledge that MYnd Analytics may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that messages, postings or other uploaded Content will be retained by the Services, the maximum number of messages that may be sent from or received by an account on the Services, the maximum size of any message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on PEER servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that PEER has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that PEER reserves the right to modify these general
practices and limits from time to time.
When you use the Services, you may input information or we may automatically collect certain information from you and your device including your precise geolocation, information about your device such as the device type, device ID, operating system, wireless service provider and information about the operation of our application and your usage of our application, including features you used, pages you viewed, and when and for how long you used the application.
We take appropriate measures to protect the information that we receive about you from unauthorized access, disclosure, alteration, or destruction. No method of transmission over the Internet or electronic storage is 100% secure; as a result, we cannot guarantee absolute security. If you have any questions about security, you can contact us at firstname.lastname@example.org.
PEER may share aggregated or de-identified information such as statistics about our customers, sales, product usage or traffic patterns, and related website information. This information will not include any information directly identifying you.
Equipment and the Internet
When using the Services, information will be transmitted over a medium that is beyond the control of MYnd Analytics, our licensors or suppliers. You recognize that the traffic of data through the Internet may cause delays during your use of the Services. Accordingly, neither MYnd Analytics, its licensors nor suppliers assume liability for or relating to the Internet issues, or delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of the Services. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed to access the Services and all charges related to the same. You also accept that the Services may not be available on a
continual basis due to Internet delays or delays caused by our upgrading, modification, or maintenance of the PEER. We disclaim any and all liability arising from your inability to access the Services.
We control those components of the Services made available through our respective websites from our offices within the State of California in the U.S. The Services are to be used only in the U.S. Since the laws of each state or country able to access the Services may differ, by accessing the Services, you agree that the statutes and laws of the State of California, without regard to choice of laws principles, will apply to all matters relating to the use of the Services. We make no representation that materials made available through the Services are appropriate or available for use in locations outside the U.S. If you access the Services from outside the U.S., you are responsible for compliance with the laws of your jurisdiction. Accessing the Services from territories where their contents are illegal is prohibited.
Mediation and Arbitration
Termination, Modification and Waiver
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND INFORMATION INCLUDED THEREIN AND THE PEER REPORTS ARE PROVIDED ON AN “AS IS” BASIS. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON- INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR PARTICULAR PURPOSE AND THAT THE SERVICES WILL
MEET YOUR REQUIREMENTS AS AN END USER OF THE SERVICES. NEITHER MYND
ANALYTICS NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU THAT YOU ARE SOLELY RESPONSIBLE FOR (AND WE ASSUME NO RESPONSIBILITY AND WILL HAVE NO LIABILITY OF ANY KIND FOR) THE DECISIONS MADE BASED ON USE OF OUR SITE, RELATED MATERIALS OR THE SERVICES, OR ANY EFFECTS THAT MAY RESULT FROM SUCH USE. WE MAKE NO WARRANTIES TO ANY THIRD PARTY.
The PEER website may contain links to other websites that are not operated by or related to MYND Analytics. We are not responsible for the content, accuracy or opinions expressed in such third party websites, and we do not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on the PEER website does not imply approval or endorsement of the linked website by MYND Analytics. You are using any third-party website at your own risk.
MYnd Analytics, Inc. and its whole owned subsidiary Arcadian Telepsychiatry Services LLC are affiliated with several professional medical corporations. Any of these companies could be providing services to the Patient.
Limitation of Liability
Complete Agreement and Severability
Date of Last Revision: April 6, 2018.
Copyright 2017 MYnd Analytics