Acceptance of Terms of Use

Welcome to TelehealthCollective.com. This website is operated by Telehealth Collective LLC, ("TelehealthCollective.com", "we", or "us"). TelehealthCollective.com offers this website (the "site") and any information delivered on this site or via digital or telephone communication (collectively the "services") to you, the user, by individuals advertising services (“providers”), conditioned upon your acceptance of all Terms of Use (the "terms"). The terms are a binding contract between you ("you" or "user") and TelehealthCollective.com. You must agree to and accept all of the terms, or you do not have the right to use the site and services. You are using the site and services in any way means that you agree to be bound to all of these terms, and these terms will remain in effect while you use the site and services. These terms include the provisions in this document, as well as those in our privacy policy (TelehealthCollective.com/privacy-policy).

You may not access or use the site or accept the terms if you are not at least 13 years old, and, if you are under the age of 18 or other age of majority in your state of residence (i.e., you are a minor), your parent or legal guardian must agree to the terms on your behalf and you may only access and use the services with permission from your parent or legal guardian. If you do not agree with all the provisions of these terms, do not access and/or use the site.

Notice: please read these terms carefully. They cover important information about services provided to you. These terms include information about future changes to these terms, limited scope of services, financial policy, third-party links, geographical restrictions, disclaimer of warranties, limitations of liability, and dispute resolution. You can review the most current version of the terms at any time on this page.

We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our website without notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1       General

We reserve the right to refuse service on the site to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

1.1      Personal information

Your submission of personal information is governed by our privacy policy, which can be found at TelehealthCollective.com/privacy-policy.

1.2      Communications

Standard data and message rates may apply, as specified by your carrier, when you request to be contacted by providers listed on TelehealthCollective.com. TelehealthCollective.com also may send you e-mails concerning TelehealthCollective.com’s products and services (and potentially products and services of third parties). You may opt out of email communications from TelehealthCollective.com by contacting us.

2       Limited scope of services  

While we hope the content is useful in your health journey, it is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Do not use the services for emergency medical needs. If you experience a medical or mental health emergency, are thinking about suicide or taking actions that may cause harm to you or to others, immediately call a healthcare professional and/or 911. Your use of the services is solely at your own risk. While providers listed on the site may include those offering healthcare services, nothing stated or posted on the site is intended to be, and must not be taken to be, the practice of medicine, dentistry, nursing, pharmacy, or other professional healthcare advice, or the provision of medical care. Using this site does not constitute the formation of a provider-patient relationship.

The site is not, nor should it be relied upon as, medical opinion, advice, diagnosis, treatment, or a guarantee of any kind or nature whatsoever.  The site is not intended to create, nor does it constitute, any professional relationship between TelehealthCollective.com (or any of its officers, directors, employees, consultants, independent contractors, bloggers, experts, volunteers, affiliates, or agents) and you, nor does it create any doctor-patient or any other professional relationship with any of the providers. Even if those providing information via the site display professional licensure or other credentials, or cite clinical trials or other medical literature, they are limited to providing information and education, and are not providing any clinical service via the site.  The information provided through the site should not be used for diagnosing or treating a health problem or disease because such information is not comprehensive and does not include all of the potential information regarding the subject matter.  You acknowledge and agree that the providers with whom you are connected are solely liable for, and will have complete authority, responsibility, supervision, and control over the provision of, all services, subject to other requirements imposed by TelehealthCollective.com. Neither TelehealthCollective.com nor any third parties who promote the services or provide you with a link to the site shall be liable for any damages allegedly caused by the professional advice or services you obtain from a provider. We encourage you to consult with your healthcare provider before using the services, and, by using the services, you warrant that you are in good enough health to begin the services, which may include changes to your diet or level of physical activity, among other actions. ‍

Unless expressly directed to do so and through a secure HIPAA portal, do not use this Website to provide, transmit, store, or disclose any health information that constitutes PHI. We accept no affirmative duty to monitor whether you provide, transmit, store, or disclose PHI while using this website or its content.

Remember that once you share information online, it may be impossible to make that information private again. If you use, provide, transmit, store, or disclose PHI through this website, you agree to indemnify us against any damages, losses, liabilities, judgments, costs, or expenses, including reasonable attorney fees and costs, that arise from your use, provision, transmission, storage, or disclosure of PHI.

You are strongly urged to not share PHI through our website or on our social media unless you do so through a specifically designated HIPAA-compliant and encrypted portal.

2.1      Authorization and acknowledgement; important information about provider relationships and provider lists

You are responsible for choosing your own provider, including without limitation, determining whether the applicable provider is suitable for your health needs based on specialty, experience, qualification, licenses and other important facts and circumstances that could impact your care.

TelehealthCollective.com  (a) does not make any representations or warranties with respect to these providers or the quality of the services they may provide, (b) is not responsible for ensuring that information (including credentials) a provider provides about themselves is accurate or up-to-date, (c) is not responsible for making sure that providers’ services are actually provided or are up to a certain standard of quality, and (d) does not receive any additional fees from providers for featuring them (i.e., higher or better placement on lists) through the services (subject to sponsored results as described below). We do not control the actions of any providers and providers are not our employees.

2.2      Provider content

Content related to providers who may be listed on the site with their practices (“provider content”) is intended for general reference purposes only. Provider content may be provided by the provider and/or office staff and collected from multiple other data sources that may not be confirmed by the provider. While we make efforts to confirm provider content and keep it up to date, it can change frequently and may become out of date, incomplete or inaccurate at any time. TelehealthCollective.com does not provide any advice or certification regarding the qualifications of any particular provider.

2.3      Procedures/products/services

Procedures, products, services and devices discussed and/or marketed through the services are not applicable to all individuals, clients or all clinical situations. Any procedures, products, services or devices represented through the services by advertisers, sponsors, and other participants of the services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

2.4      Accuracy, completeness, and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. ‍ Although we make reasonable efforts to ensure that the content of the site is correct and up-to-date, TelehealthCollective.com cannot guarantee, and make no representations or warranties regarding, the accuracy, completeness, reliability, or usefulness of the site. 

3       Financial policy 

‍Payment collection policies are unique to each provider and you agree to abide by them; including but not limited to when payments are due, methods of payments that are accepted, and cancellation and missed appointment fees, and method of receipt provision.

3.1      Provider Services and Modifications to Services and Prices

TelehealthCollective.com is not responsible for your or any provider’s failure to agree to pricing for any additional or different services. Providers are entitled to modify prices or discontinue their Designated Provider Services without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the services. If you have complaints regarding your service(s) feel free to contact us at info@telehealthcollective.com.

3.2      Third-party payment processor

You agree to make payment using the payment methods your provider requires. If your provider utilizes any payment software facilitated by TelehealthCollective.com, you agree to pay the provider, through our payment processor or financing partner (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment agreements presented to you at the time of purchase. We reserve the right to correct, or to instruct our payment processor or financing partner to correct, any errors or mistakes, even if payment has already been requested or received.

4       Reviews 

Consumers generally may not be expected to achieve the same or similar results as others who have used the services and who have subsequently written or recorded reviews, testimonials, or endorsements. TelehealthCollective.com posts these reviews for informational purposes only, and TelehealthCollective.com does not claim that you, or a significant number of consumers, will experience the same or similar results as mentioned in these reviews. Results experienced by any one individual who has provided a review are not necessarily what you, or any given consumer, should expect to experience. Any information that could be regarded as a review, testimonial, or endorsement on the site does not constitute a guarantee, warranty, or prediction by TelehealthCollective.com regarding the outcome of any past, ongoing, or future conversation or interaction with you.‍

5       Third party links

TelehealthCollective.com will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of such information, software, or links, nor for the acts or omissions of any such websites, internet locations, sources of information, or their respective operators. Those third-party services are not under TelehealthCollective.com’s control and, to the fullest extent permitted by law, TelehealthCollective.com is not responsible for any third party service’s use of your exported information.  Services may also contain links to third party websites.  Linked websites are not under TelehealthCollective.com’s control, and TelehealthCollective.com is not responsible for their content. ‍Any links that we provide to third-party websites should not be construed as endorsements of the products, services, or sponsoring organization of that linked website. Your sole and exclusive remedy for claims arising from any such third-party products or services is against that third party.

6       Geographical restrictions

The site and the services are intended for use only in the United States. TelehealthCollective.com makes no representation or warranty that the site or TelehealthCollective.com’s services are appropriate or available for use in locations outside of the United States or territories of the United States.  Persons using the site or receiving services outside of the United States do so at their own risk, and TelehealthCollective.com shall have no liability with respect to such users located outside of the United States.‍

All financial transactions will be processed in U.S. dollars (unless the payment options provided by TelehealthCollective.com allow for automatic conversion of U.S. dollars to and from other currencies).  The service is not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that could or would subject TelehealthCollective.com to any registration, licensing, permitting, application, or other legal, statutory, or regulatory requirement within such jurisdiction or country.‍

7       Disclaimer of warranties; release

You expressly agree that use of the site or services is at your sole risk.  Both the site and services are provided on an “as is” and “as available” basis.  TelehealthCollective.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of data, system integration, reliability of performance, and freedom from errors, viruses, or other harmful components.  You assume total responsibility and risk for your use of this site and site-related services. You acknowledge that TelehealthCollective.com does not control information, products or services offered by providers or third parties through the site. Except as otherwise agreed in writing, TelehealthCollective.com and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, statement or other content or of any products or services distributed or made available by third parties.

TelehealthCollective.com expressly disclaims any and all liability concerning any treatment or action by any person following the information offered or provided within or through the site and its Providers or through TelehealthCollective.com or through anyone using the site. TelehealthCollective.com is not liable for any unfair business practices by third parties. TelehealthCollective.com does not make any claim, endorsement, or guarantee that any person’s use of the site is the appropriate course of treatment for any individual’s particular health problem. Communications on or through the site do not create client or patient-professional relationships and are not the subject of any associated privileges or confidentiality protections.‍

7.1      Limitation of liability 

You understand that, to the extent permitted under applicable law, in no event will TelehealthCollective.com or its shareholders, officers, employees, managers, directors, independent contractors, parents, subsidiaries, affiliates, agents, licensors, suppliers, service providers, attorneys, accountants, successors, or assigns (each of the foregoing, a “TelehealthCollective.com party”) be liable for any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses arising out of or related to your use of the site or the services, even if TelehealthCollective.com has been advised of the possibility of such damages and regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise.  To the extent that TelehealthCollective.com cannot, as a matter of applicable law, disclaim any implied warranty or limit TelehealthCollective.com’s liabilities, the scope and duration of such warranty and the extent of TelehealthCollective.com’s liability will be the minimum permitted under such applicable law.

If there is a dispute between participants on this site or Services, or between users and any third party (including but not limited to Providers), you agree that TelehealthCollective.com is under no obligation to become involved. In the event that you have a dispute with one or more other users or Providers, you release TelehealthCollective.com, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

 Your sole and exclusive remedy against TelehealthCollective.com is to stop using this site. Without limiting the preceding paragraphs, you expressly release TelehealthCollective.com from any responsibility and liability relating to your use of this Website, linked websites, or information contained in this Website or linked websites.

You understand and agree that your use of the site is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the site.‍

7.2      Assumption of risks

You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable to TelehealthCollective.com or you), relating to your access to and activities with respect to the site and site content, or relating to any activity, information, or service, provided by TelehealthCollective.com or any of our agents, employees or independent contractors. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the site or site content or use therein.‍

7.3      Disclosures

If required by applicable law, all providers on the site must present evidence of applicable professional licenses or qualifications upon initially engaging with TelehealthCollective.com.  However, TelehealthCollective.com does not monitor the compliance by providers with their applicable licensing or qualification requirements.  Professional licenses are issued by professional licensing boards in the states in which the providers practice and other regulatory authorities. You may report a complaint relating to services provided by a provider by contacting the professional licensing board or other applicable regulatory authority in the state where you received your services.  However, this does not imply endorsement of a particular provider.‍

7.4      Licenses 

TelehealthCollective.com hereby grants you a limited, non-exclusive, and nontransferable right to access the site and use the services solely for your personal, non-commercial use and only as permitted under the terms and any separate agreements you may enter into with TelehealthCollective.com.  TelehealthCollective.com reserves the right, in its sole discretion, to deny or suspend use of the site or services to anyone for any reason or no reason at all.  You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity in connection with your use of the site or the services; (b) use the site or services to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the site or services; (d) distribute viruses or other harmful computer code through the site, or (e) otherwise use the services or site in any manner that exceeds the scope of use granted above. 

In addition, you agree to refrain from vulgar or abusive language when communicating with providers via the site or otherwise.  You also agree that you will not upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding, any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable.  You acknowledge that TelehealthCollective.com does not pre-screen content, but that TelehealthCollective.com shall have the right (but not the obligation) to refuse, move, or delete any content that is available via the site.  TelehealthCollective.com shall also have the right to remove any content from the site that violates the terms or is otherwise objectionable in TelehealthCollective.com’s sole discretion.  TelehealthCollective.com expressly disclaims any liability or responsibility for interactions with providers that are not conducted exclusively through the site.  TelehealthCollective.com strongly recommends that you do not use the services on public computers. 

7.5      Right to modify 

TelehealthCollective.com may change, add, or delete portions of the terms at any time on an ongoing basis in TelehealthCollective.com’s sole and absolute discretion.  Continued use of the site and/or services following notice of any such changes, additions, or deletions will be deemed to be your acknowledgement of such changes and agreement to be bound by such changes, additions, or deletions. The site and its content is subject to scheduled maintenance, unscheduled maintenance, and systems outages. We do not provide any assurance or warranty that: access will always be available; service will be uninterrupted; its operation will be error-free; or that any defects will be corrected.

7.6      Severability

In the event any one or more of the provisions of this agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this agreement shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this agreement remain in full force and effect and enforceable. You agree that, if an unenforceable provision is modified or disregarded under this paragraph, then the rest of these terms will remain in effect as written.

7.7      Indemnification

You agree to indemnify, defend and hold harmless TelehealthCollective.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. ‍

7.8      Dispute resolution; arbitration

7.8.1      Generally 

In the interest of resolving any disputes between you and TelehealthCollective.com in the most expedient and cost-effective manner, in consideration of your use of the site and receipt of services, you and TelehealthCollective.com agree that every dispute arising in connection with the terms, your use of the site, or your receipt of services will be resolved by binding individual arbitration and, by accepting the terms, you and TelehealthCollective.com are each waiving the right to a trial by jury or to participate in any class action or representative proceeding.  You agree to give up your right to go to court to assert or defend your rights under the terms (except for matters that may be taken to small claims court).  Your rights will be determined by a neutral arbitrator and not a judge or jury

Arbitration is less formal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury, may entail more limited discovery than in litigation (and therefore lower discovery costs), and can be subject to very limited review by courts.  Arbitrators can award the same damages and relief that a court can award.  This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the terms, your use of the site, or your receipt of services, regardless of whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the terms or the deactivation of your account.  You understand and agree that, by entering into these terms and using the site, you and TelehealthCollective.com are each waiving the right to a trial by jury or to participate in a class action and are agreeing to arbitrate all disputes. This provision does not include any claims that cannot be required to arbitrate as a matter of law, or any matters required to be brought before an administrative forum.

7.8.2      Arbitrator

Any arbitration between you and TelehealthCollective.com will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its consumer arbitration rules (collectively, “AAA rules”), as modified by the terms.  The AAA rules and filing forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

7.8.3      Exceptions

Nothing in the terms will be deemed to waive, preclude, or otherwise limit the right of either party to: a) bring an individual action in a small claims court in the United States; b) pursue an enforcement action through the applicable federal, state, or local agency, if that action is available; c) seek injunctive relief in a court of law in aid of arbitration; or d) file a lawsuit in a court of law to address an intellectual property infringement claim.

7.8.4      Notice of arbitration; process

If you or TelehealthCollective.com intend to pursue arbitration, the party seeking to initiate arbitration must first send a written notice of the dispute to the other party by certified U.S. mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by e-mail (a “notice of arbitration”).  A notice of arbitration sent to TelehealthCollective.com must be sent to Northwest Registered Agent, Inc. (#C3184722), attention: Telehealth Collective legal-notice of arbitration, 2108 N ST, STE N, Sacramento, CA 95816. The notice of arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“demand”).  The parties will make good faith efforts to resolve the claim or dispute directly, but if the parties do not reach an agreement to do so within 30 days after the notice of arbitration is received, you or TelehealthCollective.com may commence an arbitration proceeding.  The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as agreed to in writing or as may be necessary to prepare for or conduct the arbitration hearing on the merits or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.   During the arbitration, the amount of any settlement offer made by you or TelehealthCollective.com must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. 

7.8.5      Fees

If you commence arbitration in accordance with these terms, the payment of your filing fee and any other arbitration fees will be decided by the AAA rules.  Any arbitration hearing will take place at a location to be agreed upon in Alameda County, California.  If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will be solely responsible for the payment of all arbitration fees, including all fees incurred by TelehealthCollective.com relating to arbitration, regardless of the AAA rules.  In that case, you also agree to reimburse TelehealthCollective.com for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.  The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

7.8.6      No class actions

You and TelehealthCollective.com agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.  Further, unless both you and TelehealthCollective.com agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

8       Entire agreement

The failure of TelehealthCollective.com to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. These terms and any policies or operating rules posted by us on this site or in respect to the service constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms). Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.

By clicking “I accept” or by downloading, installing, or otherwise accessing or using this site, you agree that you have read and understood, and, as a condition to your use of this site, you agree to be bound by, the following Terms of Use and TelehealthCollective.com’s privacy policy (collectively and as amended, updated, supplemented, or modified from time to time).  If you are not eligible or do not agree to the terms, then you do not have TelehealthCollective.com’s permission to use this site.  Your use of this site and TelehealthCollective.com’s provision of this site to you constitute a legal agreement between you and TelehealthCollective.com for you to be bound by the terms.