YESPSYCH

Terms of Use

Your use of YESPSYCH.com is subject to these Terms of Use.

Definition of Terms.

As used in these Terms of Use:

"YESPSYCH" operates the website located at www.YESPSYCH.com.

You" and "your" means a "User."" A "User" is anyone who visits the site, anonymously or otherwise. Types of Users may include: a private individual and his/her dependent(s), if any, who wishes to engage in our Services; "Health Professionals" who use the Site to provide health services.

"Services" means YESPSYCH products, software, and web sites, excluding any services provided to you by YESPSYCH under a separate written agreement.

Agreeing to Terms of Use. You are bound by this agreement as of the date on which you first use or access the Site, or by clicking to accept or agree to the Terms, where this option is made available to you by YESPSYCH in the user interface or any Service. You may not use the Services if you do not accept the Terms.

Not Medical Advice; U.S. Use Only. YESPSYCH is a portal by which you may contact your doctor or other health professionals. Your doctor is responsible for any medical advice, and although we provide the means by which you communicate with your Health Professional, we are not responsible for the actions or opinions of these Health Professionals. SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE BY YESPSYCH. RATHER SERVICES INCLUDE ACCESS TO PHYSICIANS THAT AGREE TO TAKE PATIENTS THROUGH YESPSYCH' SERVICES.

Any content not expressly given to you by your Health Professional, and accessed through YESPSYCH, is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. This content should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition, or before taking any drug, changing your diet or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through YESPSYCH. Call 911 for all medical emergencies.

Eligibility. You must be 18 or over to register with us or use the Site and Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use the Site or Services.

Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site. You hereby certify that you are physically located in the State you have indicated when you request and receive the Services.

Access to Services. Subject to your compliance with, and during the term of, this Agreement, YESPSYCH will provide you with the right to access and use the Services through the normal operation of the Software solely for your own internal, non-commercial purposes in accordance with this Agreement and any applicable documentation accompanying the Platform or otherwise provided to you by YESPSYCH and its contracted providers. Your rights are personal, non-transferable and non-sublicensable and you may access and use the Services only as expressly set forth in the previous sentence.

Your Account and Use of YESPSYCH. You must provide accurate and complete registration information. You are responsible for the security of your passwords and for any use of your account. You must immediately notify YESPSYCH of any unauthorized use of your password or account. In no event will YESPSYCH be liable for the foregoing obligations or the failure by you to fulfill such obligations.

You agree that you are solely responsible for (and that YESPSYCH has no responsibility to you or to any third party for) the Profile that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which YESPSYCH may suffer) by doing so. You agree that YESPSYCH has no responsibility or liability for deletions or misinformation in your Profile or for communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for maintaining your Profile.

Your use of YESPSYCH and any content accessed through YESPSYCH must comply with all applicable laws, regulations and ordinances, including HIPAA and any laws regarding the export of data or software. You may not access YESPSYCH other than by the interfaces provided by YESPSYCH or interfere with or disrupt the proper operation of YESPSYCH.

Representatives of entities or other organizations must look to the regulatory bodies of their entity or organization for any additional limitations.

You agree not to

(a) access (or attempt to access) the Service by any means other than through the interface that is provided by YESPSYCH in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with YESPSYCH, or

(b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).

YESPSYCH reserves all rights not expressly granted to you under this Agreement. In particular, you may not, and will not permit any other third party to:

(1) copy, modify, adapt, alter, translate, redistribute, create derivative works from the Platform or Services, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by YESPSYCH, in writing (e.g. through an open source software license);

(2) use or merge the Platform or Services, or any component or element thereof, with other software, databases, or services not provided by YESPSYCH;

(3) sublicense, distribute, sell, or otherwise transfer the Platform or Services (or the use thereof) to any third party;

(4) use the Platform or Services for service bureau use, or lease, rent or loan the Platform or Services (or the use thereof) to any third party;

(5) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or structure of the Platform or Services, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by YESPSYCH, in writing (e.g. through an open source software license);

(6) use the Service to create anything that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party, including, but not limited to, YESPSYCH or any mobile communications carrier, or;

(7) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Platform or Services;

(8) use the Service to create a malicious activity, including but not limited to spamming users, harvesting usernames and passwords, performing unauthorized scans of machines or ports; or

(9) upload or otherwise process any malicious content to or through the Service.

You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Platform or Services or on any copies thereof.

Payment Authorization. By providing your credit or debit card information, you expressly agree that YESPSYCH is authorized to charge any fees to the credit/debit card for your use of the Services. You agree to notify YESPSYCH of any changes to your credit/debit card information.

When you request an online visit, you will need to provide your credit/debit card information. YESPSYCH will pre-authorize the service fee to make sure your credit/debit card is valid, and will only charge the service fee after Service has been rendered. No charge will be made if you cancel the online visit.

Use of Your Information. If you create, transmit, or display health, personal health information (PHI), or other information while using YESPSYCH, you may provide only information that you own or have the right to use. YESPSYCH may only use health information you provide as permitted by the YESPSYCH Privacy Policy, and HIPAA.

Additional Terms. Your use of YESPSYCH and any content accessed through YESPSYCH is subject to any additional terms provided in connection with YESPSYCH, including the YESPSYCH Privacy Policy. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of YESPSYCH or for any service offered on or through the YESPSYCH, the latter terms shall control with respect to your use of that portion of YESPSYCH or the specific service.

Provision of the Services by YESPSYCH.

YESPSYCH has business associates and affiliated legal entities around the world ("Affiliates"). Sometimes, these Affiliates will be providing the Services to you on behalf of YESPSYCH itself. You acknowledge and agree that Affiliates will be entitled to provide the Services to you.
YESPSYCH is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which YESPSYCH provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that YESPSYCH may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at YESPSYCH's sole discretion, without prior notice (excluding provisions provided through separate written agreement). Private individuals may stop using the Services at any time, and do not need to specifically inform YESPSYCH when you stop using the Services. Entities or organizations must abide by the terms of their respective contracts.
You acknowledge and agree that if YESPSYCH disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while YESPSYCH may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by YESPSYCH at any time, at YESPSYCH' discretion.

Content and Services Accessed through YESPSYCH.

YESPSYCH may include content that you find offensive, including health-related content that is sexually explicit.

YESPSYCH may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does not endorse any third-party content or services. YESPSYCH further does not endorse any third-party service providers, other health care providers, products, services, opinions, or web sites accessed through YESPSYCH. Use of these services and reliance on this content is solely at your own risk. YESPSYCH may not be held liable for any damages arising out of or related to your use of any third-party service or content.

YESPSYCH Proprietary Rights. YESPSYCH and its Affiliates own all proprietary rights to YESPSYCH. YESPSYCH gives you a personal, revocable, non-assignable, and non-exclusive license to use YESPSYCH.

Changes to this Agreement. YESPSYCH may change this agreement and will post the modified agreement. If you do not agree to the modified agreement, you should stop using YESPSYCH. Your continued use of YESPSYCH after the date the modified agreement is posted will constitute your acceptance of the modified agreement.

Indemnification. Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney's fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of these Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

Exclusion of Warranties. We provide the site and the services "as is", "with all faults" and "as available." We make no express or implied warranties or guarantees about the services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the services and the site, including without limitation any warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the services will be effective, reliable, or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the site or any other data or information provided or received through the site. Except as expressly set forth herein, YESPSYCH makes no warranties about the information systems, software and functions made accessible through the site or any other security associated with the transmission of sensitive information. YESPSYCH does not warrant that the site or the services will operate error-free, that loss of data will not occur, or that the services, software, or site are free of computer viruses, contaminants or other harmful items. Content in YESPSYCH is developed for use in the United States, and neither YESPSYCH nor any of YESPSYCH' Affiliates make any representation concerning the content when used in any other country.

Limitation of Liability. You agree that you are solely responsible for (and that YESPSYCH has no responsibility to you or to any third party for) any breach of your obligations under these Terms, any applicable third party contract or Terms of Service, or any applicable law or regulation, and for the consequences (including any loss or damage which YESPSYCH or any third party may suffer) of any such breach.

Your sole and exclusive remedy for any dispute with us is the cancellation of your registration. In no event shall our total cumulative liability to you for any and all claims relating to or arising out of your use of the services or the site, regardless of the form of action, exceed the greater of

(a): the total amount of fees, if any, that you paid to utilize the site or the services or

(b) $100. In no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the site and/or the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, or medical malpractice or negligence of physicians utilized through use of the service, even if we knew or should have known the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law. If you are a California resident, you waive your rights with respect to California Civil Code Section 1542, which says "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

The limitations of liability in this Section do not apply to breaches of intellectual property provisions or indemnification obligations.

General Legal Terms. These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between you and us, if you have not signed a separate written agreement with YESPSYCH related to YESPSYCH. If there is any conflict between this agreement and a signed written agreement between you and YESPSYCH related to YESPSYCH, the signed written agreement will control.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of YESPSYCH to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If YESPSYCH provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.

This agreement is governed by Texas law, excluding California's choice-of-law rules. These Terms of Use shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Texas as applied to contracts made and to be performed entirely within Texas, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these Terms of Use or your use of the Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in Harris County, Texas, pursuant to the rules of the American Arbitration Association. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS DALLAS COUNTY, TEXAS. The ADR provider and the parties must comply with the following rules:

(a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;

(b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties;

(d) the arbitration tribunal shall consist of one arbitrator;

(e) the decision or award of the arbitrator shall be final, and

(f) judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.

Nothing in this agreement limits either party's ability to seek equitable relief.