Notice Regarding Dispute Resolution: These Terms contain provisions that govern how claims you and we may have against each other are resolved (see Section 13 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 13.4. Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding; and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
2. IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICES
All of the Therapists who deliver Services through Gr8 Speech are independent professionals and merely using the Services to communicate with you. Gr8 Speech does not practice therapy or any other licensed profession, and does not interfere with the practice of speech therapy or any other licensed profession by the therapists. Any information or advice received from a Therapist comes from the Therapist, and not from Gr8 Speech.
NEITHER GR8 SPEECH NOR ANY OF ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES SHALL BE LIABLE FOR ANY PROFESSIONAL ADVICE YOU OBTAIN FROM A THERAPIST VIA THE SERVICE NOR FOR ANY INFORMATION OBTAINED FROM OUR SERVICES. YOU ACKNOWLEDGE YOUR RELIANCE ON ANY THERAPISTS OR INFORMATION PROVIDED BY THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH.
Gr8 Speech does not make any representations or warranties about the training or skill of any Therapists using the Services. You are ultimately responsible for choosing your particular Therapist on the Services. You hereby certify that you are physically located in the State you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that the Therapists you access through the Services are relying upon this certification in order to interact with you.
IN THE EVENT THAT YOUR CERTIFICATION IS INACCURATE, YOU AGREE TO INDEMNIFY GR8 SPEECH AND THE THERAPISTS YOU INTERACT WITH FROM ANY RESULTING DAMAGES, COSTS, OR CLAIMS.
3. ACCOUNT ENROLLMENT
To access Therapists using the Services, you must first establish an individual user account (“Account”) by providing certain information. You agree that you will not create more than one Account, or create an Account for anyone other than yourself (with the exception of subaccounts established for minor children of whom you are a parent or legal guardian). You agree to provide true, accurate, current, and complete information on the Account enrollment form and to keep this information current and updated as needed.
4. PROHIBITED CONDUCT
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
• transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
• provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;
• transmit any message or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
• transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
• reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;
• engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
• take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services; or
• engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
5. PAYMENT AUTHORIZATION
You agree to pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Gr8Speech with your credit card number and associated payment information, you agree that Gr8Speech is authorized to immediately invoice your account for all fees and charges due and payable to Gr8Speech hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with Gr8Speech to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Gr8Speech, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. Gr8Speech offers no guarantee that you shall receive any such reimbursement.
You agree that authorizations to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify Gr8 Speech of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services that correspond to consultation fees or the co-payment required by your health plan. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, Gr8 Speech may at its discretion attempt to process the charge again at any time within 30 days.
When scheduling a visit with a Therapist using the Services, you will be required to provide a Payment Method. If you choose to cancel your scheduled appointment, you must do so at least 24 hours in advance of the scheduled appointment time. Should you choose to cancel your scheduled appointment within 24 hours of the scheduled appointment time, Gr8 Speech may assess a reservation fee.
You acknowledge and agree that fees for consultations may increase at any time.
6. INTELLECTUAL PROPERTY RIGHTS
The Services are protected under the copyright laws of the United States and other countries. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of the Services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Gr8 Speech or its licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as authorized herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Gr8 Speech, its affiliates, or any third party.
7. PASSWORD SECURITY
You are solely responsible for the security of your username and password, and for any use of the Services using your username and password. You should not share your username or password with any third party or allow any third party to access the Services using your username and password. You agree to notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your username and password at any time.
8. WEBSITE AND THIRD-PARTY CONTENT
NONE OF THE CONTENT ON THE SERVICES REPRESENTS OR WARRANTS THAT ANY PARTICULAR THERAPY IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. Gr8 Speech does not recommend or endorse any specific tests, Therapists, medications, products, or procedures.
The Services may provide links to third-party content. You acknowledge and agree that we are not responsible for the availability of such third-party content, and we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.
9. CONSENT TO SERVICES; CONSENT TO AUDIO/VIDEO RECORDING
The Service respects and upholds patient confidentiality with respect to protected health information as outlined by the Health Insurance Portability and Accountability Act (“HIPAA”), and, subject to HIPAA regulations, will obtain express patient consent prior to sharing any patient-identifiable information to a third party for purposes other than treatment, payment or health care operations. In addition, by clicking the “AGREE” button you are authorizing Therapists to release your contact information to Gr8 Speech solely in order for Gr8 Speech to provide you with information about additional clinical services or general wellness. You may opt out of receiving such information by contacting us at firstname.lastname@example.org. Additionally, by clicking the “AGREE” button you are authorizing Gr8 Speech to record both audio and video sessions which may only be used for educational, diagnostic, therapeutic and/or clinical training purposes.
10. CONSENT FOR TREATMENT PERFORMED
We are providing this information on behalf of Therapists:
Telemedicine involves the use of communications to enable health care Therapists at sites remote from patients to provide consultative services. The information may be used for diagnosis, therapy, follow-up and/or education, and may include live two-way audio and video and other materials.
The communications systems used will incorporate reasonable security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
Anticipated Benefits of Telemedicine
• Improved access to therapy by enabling a patient to remain at his or her home or office while consulting a therapist.
• More efficient therapy evaluation and management.
Possible Risks of Telemedicine
As with any therapy, there are potential risks associated with the use of telemedicine. Therapist believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:
• Delays in therapy evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment.
• Security protocols could fail, causing a breach of privacy of personal medical information.
By accepting these Terms, you acknowledge that you understand and agree with the following:
A. I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine; I have received the HIPAA Notice which explains these issues in greater detail.
B. I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.
C. I further understand that my therapy information may be shared in the following circumstances:
i) When a valid court order is issued for therapy records.
ii) Reporting suspected abuse, neglect, or domestic violence.
iii) Preventing or reducing a serious threat to anyone’s health or safety.
Patient Consent to the Use of Telemedicine
I have read and understand the information provided above, and understand the risks and benefits of telemedicine, and by accepting these Terms I hereby give my informed consent to participate in a telemedicine visit under the terms described herein.
11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE COMPLETENESS OR SUCCESS OF THE SERVICES NOR DO WE WARRANT THAT YOU WILL SHOW ANY IMPROVEMENT IN SPEECH AND LANGUAGE. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.IN NO EVENT WILL WE, OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, GR8 SPEECH’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE TO CEASE USING THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT GR8 SPEECH IS NOT ENGAGED IN THE PRACTICE OF THERAPY AND THAT GR8 SPEECH IS NOT DETERMINING APPROPRIATE THERAPY OR USE OF THE SERVICES. GR8 SPEECH, ITS LICENSORS, SUPPLIERS, AND ALL THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF THERAPY VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO LIABILITY FOR MEDICAL MALPRACTICE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS AND THEIR DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.
13. LEGAL DISPUTES AND ARBITRATION AGREEMENT
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit In Court
13.1 Initial Dispute Resolution. We are available by email at email@example.com to address any concerns you may have regarding your use of this Website or Services. Many concerns may be quickly resolved in this manner. Each of You and GR8 SPEECH agree to use best efforts to settle any disputes, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate an arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by GR8 SPEECH if you do not prevail in arbitration.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
13.3 Class Action and Class Arbitration Waiver. You and GR8 SPEECH each further agree that any arbitration shall be constructed in your respective individual capacities only and not as a class action or other representative action, and you and GR8 SPEECH each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in this Section XIII shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
13.4 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section 13 by sending written notice of your decision to opt-out to the following email: firstname.lastname@example.org. The notice must be sent within thirty (30) days of registering to use this Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we will also not be bound by them.
14. XIV. CHOICE OF LAW AND FORUM
These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, then the provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
I hereby certify that I am physically in my current state (you will select this state on the next page), and agree to only interact with a therapist through the Services while I am present in this state. I acknowledge that my ability to access and use these services is conditional upon the truthfulness of the certifications I make at the time of accessing a Therapist and that the Therapists I access are relying upon this certification in order to interact with me.
I hereby certify that I am at least 18 years of age and am qualified under the laws of my state to make medical decisions on my own behalf. I acknowledge that my ability to access and use the Gr8 Speech system and information is conditional upon the truthfulness of my certification of age.
Revised: March 1, 2018