Terms of Service Client

EFFECTIVE DATE: JANUARY 1, 2020

TERMS OF SERVICE

Terms of Service Client
Effective date: January 1, 2020

Ethera Care Inc.  Terms of Service

If you are experiencing a life-threatening situation, don’t use this site. Call 911 or use these resources to get immediate help. 

This site is not intended to be used for urgent or emergency situations.  For urgent matters, contact your therapist by telephone.  If you are in a life-threatening situation, call 911 or go to the emergency room.  If you are experiencing thoughts of suicide, you can get immediate support by calling the National Suicide Prevention Hotline at 1.800.273.TALK (8255) (https://suicidepreventionlifeline.org).

Please carefully read these Terms of Service (“Terms”). These Terms govern and apply to your access and use the services made available via the Ethera website or the Ethera mobile app (“App”), including but not limited to Ethera Video Telehealth and Messaging (all hereinafter collectively, ”Ethera” and the Ethera “Service(s)”) and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”). By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “you”, “your,” and “yourself” refer to the individual user of the Service.

If you are using the Services for the purpose of accessing therapy services, you hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to therapy or have your parent/guardian consent to therapy on your behalf, and (ii) physically located or are a resident of the state you select as your current residency when creating your user account. You agree to provide accurate contact information to your therapist to be used in case of a mental health crisis or other emergency where knowledge of your location is crucial. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of the information you provide regarding your age, residence and contact information and that the therapists you access are relying upon this certification in order to interact with you and provide the Services.

  1.  Acceptable Use

You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms.  

You may not upload viruses or malicious code. You shall not use the Service(s) in any manner that could damage, disable or impair the Service(s). You shall not attempt to gain unauthorized access to any user account(s) or associated computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service(s) for any purpose.

‍The following terms apply to any App accessed through or downloaded from any source (such as the Apple App Store, Google Play Store or other similar platforms) where the App is made available (each such distribution platform an “App Provider”). You acknowledge and agree that these Terms are between you and Ethera, and not with the App Provider. ‍By downloading the App, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may require that you download upgrades, updates and additional features we publish in order to improve, enhance, and further develop the software, Service(s), or App.

The Service(s) may change from time to time and/or Ethera may stop (permanently or temporarily) providing the Service(s) (or features within the Service(s)), possibly without prior notice to you.

  1.  Intellectual Property

By using the Service(s), you hereby acknowledge that Ethera and/or its licensors own all intellectual property rights associated with the Content and Service(s) and all such rights are reserved. You are hereby granted a limited license only, subject to these Terms, for purposes of viewing the Content. You may not reproduce or distribute any portion of the Content and/or Service(s) without Ethera’s explicit permission.

  1.  Therapists

Therapists who use the Service(s) are not Ethera’s employees. Ethera is not involved in, and does not interfere, validate or control the therapist’s treatment. By using the Service(s), you agree that the Content is not intended to be medical advice and no patient-provider relationship is established between you and Ethera. When using the Service(s), you should never disregard, avoid, or delay obtaining medical advice from your primary doctor.

  1.  Telehealth

Ethera Video Telehealth and Messaging are not intended for and should not be used for urgent or emergency situations.

Ethera Video Telehealth and Messaging are secure and HIPAA compliant. However, transmitting protected health information (“PHI”) electronically has the inherent risk of a third-party’s unauthorized access. By using Ethera Telehealth and Messaging, you acknowledge that you are aware of and accept this risk.

  1.  Disclaimers

The Content is provided “as is,” with all faults, and Ethera makes no express or implied representations or warranties, of any kind related to this site or the materials contained on it. Additionally, nothing contained on this site shall be construed as providing medical advice to you.

ETHERA TAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM, ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE CONTENT AND/OR SERVICE(S).

  1.  Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ETHERA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES, PERSONAL INJURY, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR WRONGFUL DEATH THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE CONTENT OR SERVICE(S).  THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM ACTIONS TAKEN BY YOU OR OTHERS IN RELIANCE COMMUNICATIONS SENT OR RECEIVED VIA ETHERA VIDEO TELEHEALTH OR MESSAGING, MISDIRECTION OR INTERCEPTION OF INFORMATION, INTENTIONAL OR UNINTENTIONAL BREACHES AND ACCESS BY THOSE YOU PROVIDE YOUR USERNAME AND PASSWORD TO. YOU AGREE THAT ETHERA SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER ANY INDEMNITY OR ANY THEORY, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PATENT OR COPYRIGHT INFRINGEMENT.

In consideration for Ethera permitting you to use the Service(s), you expressly release and hold harmless Ethera, its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law or equity, or otherwise, arising out of or in any way related to your use of the Service(s), whether arising from negligence or any other acts or omissions by Ethera.

In addition, you will indemnify and hold harmless Ethera, its officers, directors, agents, affiliates, and employees, against all actual and direct losses, liabilities, damages, claims, costs or expenses (including reasonable attorney’s fees) they may suffer as the result of third party claims, demands, actions, investigations, settlements or judgments against them arising from or in connection with any breach of these Terms, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents, or agents.

  1.  Termination

Ethera may suspend or terminate your access to the Content and/or Service(s) at any time, for any reason or for no reason at all. Ethera has the right (but not the obligation) to refuse to provide access to the Service(s) to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Ethera reserves the right to change, suspend, or discontinue all or part of the Service(s), temporarily or permanently, without prior notice. This Section 7, as well as Sections 2, 5, 6 and 8, shall survive any termination or expiration of these Terms.

  1.  General

These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the California courts in the cases that arbitration is not successful or is assigned or appealed to a civil court. Ethera’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Ethera may be delivered by electronic mail to the address provided during the creation of your user account. These Terms constitute the entire agreement between Ethera and yourself regarding the Service(s), and supersede and replace any prior agreements you and Ethera might have regarding the Service(s). Ethera may revise these Terms from time to time without notice to you. By continuing to access or use our Service(s) after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the Terms periodically.