Last Updated January 2020
All programs and services offered and operated by Rethink My Healthcare Inc and/or its subsidiaries and affiliates (referred to as “Rethink My Healthcare Inc , “ RTMHC”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and RTMHC. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of the RTMHC online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by RTMHC. RTMHC reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, RTMHC grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
You can view RTMHC”s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable RTMHC Privacy Statement, and changes published by RTMHC. You agree that RTMHC may use and maintain your data according to the RTMHC Privacy Statement, as part of the Services. You also give RTMHC permission to aggregate your non-personally identifiable data which you enter or upload with that of other users of the Services. For example, this means that RTMHC may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.
6.1 You are responsible for your content. You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. RTMHC is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to: Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
6.2 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which RTMHC is not responsible.
6.3 RTMHC may freely use feedback you provide. You agree that RTMHC may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant RTMHC a perpetual, worldwide, fully transferable, sub licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to RTMHC in any way.
7.1 RTMHC does not give professional advice. Unless specifically included with the Services, RTMHC is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other RTMHC services. You may be offered other services, products, or promotions by RTMHC (“RTMHC Services”). Additional terms and conditions and fees may apply. With some RTMHC Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant RTMHC permission to use information about your business and experience to help us to provide the RTMHC Services to you and to enhance the Services. You grant RTMHC permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant RTMHC permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3 We may tell you about third party products or services. Subject to the RTMHC Privacy Statement, RTMHC may offer products and services on behalf of third parties who are not affiliated with RTMHC (“Third Party Products”) or the Services may contain links to third party websites (“Third Party Sites”). You agree that RTMHC can use your contact information, including name and address, for the purpose of offering these products to you in accordance with your stated RTMHC contact preferences. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party”s separate product terms, website terms and privacy policies, and paying any fees, if any, associated with the Third Party Products or Third Party Sites. You agree that the third parties, and not RTMHC, are responsible for their product”s performance and the content on their websites. RTMHC is not affiliated with these Third Party Products or Third Party Sites and has no liability for them. RTMHC reserves the right to terminate access to any interoperability between the RTMHC Services and Third Party Products without refunds or credits to you.
7.4 Shopping. RTMHC is a participant in third party purchasing platforms and/or an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to third parties.
7.5 Communications. RTMHC may be required by law to send you communications about the Services or Third Party Products. You agree that RTMHC may send these communications to you via email or by posting them on our websites
7.6 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact RTMHC if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
7.7 Account Enrollment
To access the Services, you must first enroll to 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 without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for providers to send notices to you, you agree to: (i)provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form (understanding you may use an anonymous user name or nickname after you provide certain personal and emergency Contact Information); and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RTMHC has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, RTMHC reserves the right to transition your treatment to another Provider outside of RTMHC and refuse any future request(s) to use the RTMHC Services. You shall at all times remain responsible for maintaining the confidentiality of your Account password and username (if any) and any other security information related to your Account. RTMHC will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.
RTMHC does not directly employ the Providers matched through the Service. RTMHC created a modern, digital health network of nationwide digitally trained and accredited Providers. The RTMHC Network only works with independent, licensed, insured and vetted professional Providers. RTMHC has business relationships with many of the largest Healthcare Plans in the Country and as such, RTMHC enforces “NCQA” standards. The National Committee for Quality Assurance (NCQA) is an independent 501(c)(3) nonprofit organization in the United States that works to improve health-care quality through the administration of evidence-based standards, measures, programs, and accreditation. The National Committee for Quality Assurance operates on a formula of measure, analyze, and improve and it aims to build consensus across the industry by working with policymakers, employers, doctors, and patients, as well as health plans. The result is that the RTMHC Network employs the highest accreditation standard in the US, one widely used by most healthcare organizations.
In order to receive approval to practice using the RTMHC Network, the applying Provider must be found to be in compliance with the policies and procedures of Talk Space, National Committee for Quality Assurance (NCQA), Managed Behavioral Healthcare Organization (MBHO) standards, federal and state guidelines, and must receive written approval from RTMHC. This verification process includes, but is not limited to:
Verification of licensure. The practitioner holds a valid, current license to practice which is verified directly from the state license agency.
Verification of DEA or CDS certificate for participating Network psychiatrists who can prescribe to Clients under the RTMHC collaborative care referral program.
Verification of proper education and degree.
Verification of board certification for practitioners that state they are board certified.
Verification of a minimum of five years work history and confirmation that the Provider can practice independently at the highest applicable state level of licensure.
Verification of malpractice insurance. A copy of the current malpractice coverage that shows the dates and amounts of coverage obtained from the malpractice insurance carrier or the practitioner.
Verification of malpractice history. This is completed by collecting five years of history of malpractice settlements from the malpractice carrier or through query to National Practitioner Data Bank (NPDB).
Verification of any applicable specialized training. Written verification is needed for the completion of any specialized training the practitioner has received from the school or training program that provided the training.
Verification of any Medicare and Medicaid sanctions.
Your relationship with the Provider is strictly with the Provider. RTMHC is not involved in the Provider-patient relationship and does not interfere, validate or control the Provider’s treatment unless advocating on behalf of You when following up on a particular complaint. RTMHC has created a national accredited network and employs the most advanced data science available to offer the RTMHC Network Provider the best digital tools to practice RTMHC conducts constant Network quality assurance checks using advanced analytical tools to study such critical issues as Provider availability, response times, and the number and duration of therapeutic interactions. All that stated, You are always advised to exercise a high level of care and caution in the use of RTMHC Network of Providers as you would making any mental health or medical decision. You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare Provider or by using or combining RTMHC with traditional face-to-face appointments; solely because of information you saw on the RTMHC site or advice you received through a RTMHC Network Provider. RTMHC supports a holistic approach to mental health and the choices You have to create the best therapeutic journey that matches your individual needs.
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RTMHC, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. RTMHC AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 RTMHC, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
LIMITATION OF LIABILITY AND INDEMNITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF RTMHC, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, RTMHC, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET RTMHC SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF RTMHC AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF RTMHC, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE. You agree to indemnify and hold RTMHC and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys” fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). RTMHC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by RTMHC in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
RTMHC may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect RTMHC rights to any payments due to it. Sections 2.2, 3 through 14 will survive and remain in effect even if the Agreement is terminated.
11 EXPORT RESTRICTIONS.
You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
12 GOVERNING LAW.
Delaware state law governs this Agreement without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction of state courts Delaware. RTMHC does not represent that the Services are appropriate or available for use in all countries. You are accessing the Services on your own initiative and you are responsible for compliance with all applicable laws.
This Agreement, including the Additional Terms below, is the entire agreement between you and RTMHC and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of RTMHC. However, RTMHC may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by RTMHC or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact RTMHC via an email to: [email protected] My Healthcare Inc.com.
Last Updated January 2020
We collect two basic types of information with our service, namely personal information and aggregate information. As used herein, the term “personal information” means information that specifically identifies an individual (such as a name and e-mail address), and demographic and other information about an individual when directly linked to personally identifiable information. A user name may be personal information if it includes personally identifying information such as a first and last name. Our definition of personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of services or users from which individual user identities have been removed. In other words, information on how you use our service may be collected and combined with information about how others use the service, but no personal information will be included in the resulting data. Aggregate data helps us understand trends in our users” needs so that we can better consider new features or otherwise tailor our service. This policy in no way restricts or limits our collection and use of aggregate information, and we may share aggregate information about our users with third parties for various purposes, including to help us better understand and improve our service, and for advertising and marketing purposes.