PATIENT TERMS OF SERVICE
The terms and conditions (“Terms”) govern your access to and use of the Services (defined below), and constitute a binding legal agreement among you, as a user of the Services, and MetaMe Health, LLC, its platform MetaMe Connect, and any other entities controlling, controlled by or under common control with the foregoing (collectively, “MetaMe,” “we” or “us”).
MetaMe Connect is a platform that connects patients with our network of affiliated counseling and/or healthcare professionals (“Providers”) to obtain healthcare and/or counseling services online. “Providers” include employees, agents, or independent contractors of Providers. “You” or “your” or “patient” or similar terms refer to you as a user of our Services (defined below).
THESE SERVICES ARE NOT FOR EMERGENCIES. IF YOU THINK YOU HAVE A HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM.
YOUR USE OF THE SERVICES
Your access to and use of the Services is conditioned on your compliance with these Terms. By becoming a registered user and/or accessing and/or using the Services, the Site, or any portion of the Services or the Site, you agree to be bound by these Terms and all applicable laws and regulations governing the Services. If you do not agree with these Terms, you are not authorized to access or use the Services for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular transactions are also posted in particular areas of the Site and, together with these general Terms, govern your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use those areas of the Site.
The MetaMe Connect platform includes the following services (collectively, the “Services”):
the facilitation of electronic, video, and/or telephonic communications with Providers,
the provision of appointment scheduling, billing, notification, and other services related to online therapy and medical hypnoanalysis for both our registered users and Providers, and
the provision of other information about MetaMe and our products and services through our website, www.metamehealth.com
THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE, MENTAL HEALTH SERVICES, OR OTHER PROFESSIONAL HEALTH SERVICES BY METAME. METAME IS NOT A HEALTHCARE PROVIDER. Rather, MetaMe is a technology provider that facilitates access to, and the billing and payment of, online services (provided by Providers) through the MetaMe Connect platform.
PROVIDERS ARE NOT THE EMPLOYEES OR AGENTS OF METAME. Providers may be responsible for obtaining your informed consent to any diagnosis or treatment, including without limitation, your consent to use telehealth in the course of any consultation conducted through the Services, to the extent such consent is required by applicable state law.
MEDICAL HEALTH AND CONDITIONS
While the Services may provide access to certain general medical information, and also may provide messaging functionality to contact your Provider(s), the Services cannot and are not intended to provide medical advice. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on the Site. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.
To the extent medical advice is provided to you by a Provider through the Services, such medical advice is based on your personal health data as provided by you and the local standards of care for your presenting symptoms. Responses are not provided by MetaMe, but are provided by your Provider.
THE CONTENT ON THE SITE (OTHER THAN A DIRECT RESPONSE FROM A QUALIFIED PROVIDER) IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR MEDICAL PROFESSIONALS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH TREATMENT MAY BE APPROPRIATE FOR YOU. NONE OF THE INFORMATION ON THE SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR TREATMENT IS APPROPRIATE OR EFFECTIVE FOR YOU.
You agree to promptly pay all fees and charges for Provider services, and you authorize us to automatically deduct all applicable charges and fees from the payment account(s) you designate in your MetaMe user profile.
You understand and agree that you will be responsible for a missed appointment fee equal to $75 if you do not cancel a scheduled appointment at least one business day in advance. Notice of intent to cancel a scheduled appointment shall be sent to [firstname.lastname@example.org].
In order to access the registered user portions of the Services, you must provide us with a current, valid email address so that we may contact you. By creating an Account, you agree to keep your email address updated.
There is no guarantee that you will be accepted as a registered user, or as a Patient by a Provider. Even if you are accepted as a Patient by a Provider, your Provider may determine that online services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide online services to you through the Services.
REGISTERED USER ACCOUNTS
In order to access certain features of the Services you will be required to become a registered user of the Services by creating a MetaMe account (“Account”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. When you register, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use the Services through your account without your consent or your Account has been accessed without your permission). We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your password through your web browser or other software.
You agree that the information that you provide to us at all times, including during registration and in any information you upload to your MetaMe online profile maintained by or through the Services will be true, accurate, current, and complete. This information includes, but is not limited to, name, address, phone numbers, email addresses, payment information, and account numbers. You are solely responsible for the accuracy and completeness of your information. By using the Services, you are consenting to truthfully complete questions to the best of your knowledge and ability. By creating an Account, you expressly consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. MetaMe cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
As part of MetaMe Connect’s platform, MetaMe may provide profile pages for Providers to enable them to post relevant information about their education, training, experience, where they are authorized to practice, and areas of specialization. Providers are solely and exclusively responsible for the content of their respective profiles, and MetaMe expressly disclaims any and all liability for the content of the Provider profiles, including, without limitation, the accuracy or reliability of any information contained therein.
YOUR METAME PROFILE
IT IS THE OBLIGATION OF EACH OF YOUR PROVIDERS AND METAME TO USE AND DISCLOSE ANY INFORMATION INCLUDED IN YOUR METAME PROFILE IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAWS, INCLUDING, WITHOUT LIMITATION, OBTAINING ANY CONSENTS OR AUTHORIZATIONS THAT MAY BE REQUIRED FOR YOUR INFORMATION TO BE SHARED WITH THIRD PARTIES. BY REGISTERING FOR THE SERVICES AND DESIGNATING YOUR PROVIDER(S) AND OTHER AUTHORIZED REPRESENTATIVES, YOU AGREE TO DISCLOSE THE CONTENTS OF YOUR COMPLETE METAME PROFILE TO YOUR DESIGNATED PROVIDER(S).
RESPONSIBILITY FOR YOUR CARE
Your medical care and your mental health care are solely the responsibility of you and your Provider(s).
Under the Services, healthcare services are provided exclusively by Providers. MetaMe supports Providers by providing them with access to MetaMe’s technology platform and administrative services. However, under the Services, exclusive control and responsibility for the practice and delivery of healthcare services is reserved to Providers.
All Providers available through the Services represent that they have degrees, licenses and/or certifications or authorizations, as applicable, in the areas of counseling, therapy, or medicine. MetaMe may attempt to confirm the credentials of all Providers and to validate that they are in good standing with their respective licensure board(s). However, MetaMe is not responsible for credentialing Providers, makes no representation regarding the accuracy of Providers’ credentials, and expressly disclaims any liability for fraudulent credentials or claims by Providers. In addition, changes in your Provider’s professional status could occur between the time we might perform an initial credential check and the time you select your Provider. We recommend that you separately confirm that your Provider is in good standing with his or her respective licensing board(s), as applicable.
To use the Services, you must be 18 years old or older. The Services and Site are not intended for or directed at persons under the age of 18 years.
The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:
upload, post, email or otherwise transmit any Content to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content);
upload, post, email or otherwise transmit any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
use the Services to collect or store personal data about other users without their express permission;
knowingly include or use any false or inaccurate information in any profile;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Services, or interfere with the access of any other user to the Services;
circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;
use any meta tags or other hidden text or metadata utilizing a MetaMe name, trademark, URL or product name;
attempt to probe, scan or test the vulnerability of any MetaMe system or network or breach or impair or circumvent any security or authentication measures protecting the Services;
attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services;
use the Services in any way that competes with MetaMe, including, without limitation, misrepresenting one’s identity or posing as a current or prospective patient in order to solicit or recruit Providers, directly or indirectly; or
encourage or instruct any other person or entity to do any of the foregoing.
MetaMe may change our Services, our Site, the Content we offer, and the products or services you may access at any time. We may discontinue offering our Services or Site and we may suspend or terminate your right to use our Services or Site at any time, in the event that you breach these Terms, for any reason, or for no reason at all, in our sole discretion, and without prior notice to you. After such termination, MetaMe will have no further obligation to provide the Services, except to the extent Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you. Upon termination of your right to use our Services or Site or our termination of the Services or Site, all licenses and other rights granted to you by these Terms will immediately terminate.
You may terminate your Account at any time and for any reason by deactivating your account through your Profile, if this functionality is available, or by sending us an email at email@example.com. Upon any termination by you, your Account will no longer be accessible. In the event of termination, you will be refunded any amounts pre-paid for treatment by a Provider for sessions scheduled more than 48 hours from the time of cancellation. Any suspension, termination, or cancellation will not affect your obligations to MetaMe under these Terms which by their nature are intended to survive such suspension, termination, or cancellation.
The Services, the Site, and all information and/or content that you see, hear, or otherwise experience on the Site (collectively, “Content”) are protected by U.S. and international copyright, trademark, and other laws. We own or have the license to use all of the intellectual property rights relating to MetaMe, the Services, the Site, and the Content, including, without limitation, all intellectual property rights protected as patent pending or patented inventions, trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information.
LICENSE TO USE SERVICES
When you use our Services or Site you may access intellectual property rights that we or our licensors own or license. Subject to your compliance with the terms and conditions of these Terms, MetaMe grants you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by MetaMe solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms, without MetaMe’s express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MetaMe or its licensors, except for the licenses and rights expressly granted in these Terms. Unless otherwise expressly agreed in writing by MetaMe, the Services are only permitted to be used within the United States of America.
Your use of the Services and Content is at your sole discretion and risk. The Services and Content, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.
METAME AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE. METAME AND ITS LICENSORS AND AFFILIATES MAKE NO WARRANTY THAT THE CONTENT YOU ACCESS ON OUR WEBSITE OR USING OUR SERVICE SATISFIES THE LAWS AND REGULATIONS REQUIRING THE DISCLOSURE OF INFORMATION FOR PRESCRIPTION DRUGS.
IN ADDITION, METAME AND ITS LICENSORS AND AFFILIATES DISCLAIM ANY WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY TIMELINESS AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION PROVIDED TO YOU BY METAME WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. OUR SERVICES AND SITE CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES AND METAME AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR SITE CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.
WE MAKE NO REPRESENTATIONS OR WARRANTY CONCERNING THE QUALITY, ACCURACY, OR LEGALITY OF THE HEALTH CARE SERVICES, COUNSELING, OR OTHER PROFESSIONAL HEALTH SERVICES PROVIDED BY THE PROVIDERS. METAME IS NOT A HEALTH CARE, COUNSELING, OR OTHER PROFESSIONAL HEALTH SERVICES PROVIDER.
SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless MetaMe, MetaMe’s licensors and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
your access to or use of the Services, the Site, or the Content;
your violation of any of the provisions of these Terms;
any activity related to your Account by you or any other person accessing the Site or Services through your account, including, without limitation, negligent or wrongful conduct; or
your violation of any third party right, including ,without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
MetaMe reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
IN NO EVENT WILL METAME OR METAME’S LICENSORS OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE SITE, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT METAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE OR THE CONTENT, OR THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF PROVIDERS OR OTHER LICENSED HEALTHCARE PROFESSIONALS USING THE METAME CONNECT PLATFORM TO PROVIDE MEDICAL OR COUNSELING OR MENTAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT THEY PROVIDE TO YOU, EXCEPT AS PROVIDED UNDER APPLICABLE STATE LAWS. IN MANY JURISDICTIONS, PROVIDERS ARE REQUIRED TO REPORT CONFIDENTIAL INFORMATION IF THEY HAVE REASON TO BELIEVE THAT A PATIENT IS LIKELY TO HARM OTHERS OR HIMSELF/HERSELF. IN NO EVENT SHALL METAME BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION BY A PROVIDER FROM WHOM YOU RECEIVE SERVICES. METAME IS NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A PROVIDER IN THE PROVISION OF SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF METAME OR METAME’S LICENSORS OR AFFILIATES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $700.00.
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, THE SITE OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.
SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
These Terms of Service constitute the entire agreement between you and us relating to our Services, the Site, and the Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Services, the Site, or the Content. If there is any conflict between the Terms and a separate signed written agreement between you and us relating to our Services, the Site, or the Content, the signed written agreement will control. Only the executive officers of MetaMe have the authority to sign a separate signed written agreement between you and us. Our licensors may be entitled to enforce this agreement as third-party beneficiaries. There are no other third-party beneficiaries to this agreement.
The failure by you or us to enforce any provision of the Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of the Terms is invalid or unenforceable, then the invalid or unenforceable provision shall be removed from the Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of the Terms shall continue to be valid and enforceable. Nothing contained in these Terms shall limit the ability of a party to seek an injunction or other equitable relief without posting any bond. The titles of the Sections of the Terms are for convenience only and shall have no legal or contractual effect.
GOVERNING LAW AND DISPUTE RESOLUTION
The terms and conditions contained in these Terms shall be construed under and governed by the laws of the State of Illinois and any dispute arising from this Providers Terms of Services or the breach of this Terms of Services shall be governed by the laws of the State of Illinois.
You agree that any dispute, controversy or disagreement arising out of or relating to these Terms, the breach thereof, or the subject matter thereof, shall be settled exclusively by binding arbitration in the city of Chicago, state of Illinois, which Arbitration shall be conducted in accordance with the Judicial Arbitration and Mediation Services (“JAMS”), which will administer the arbitration using the JAMS’ procedure and rules in effect at the time of the dispute, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Upon the conclusion of the arbitration proceeding, reasonable attorneys’ fees and costs shall be awarded to the prevailing party.
CHANGES TO TERMS
We reserve the right to change our Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to our Site. Your continued use of our Services or the Site will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the end of this document.
Revised: August 29, 2016