PLEASE READ THE AGREEMENT CAREFULLY BEFORE CONTINUING. THE AGREEMENT IS A LEGAL DOCUMENT.
BY CLICKING THE [I agree to the Terms of Service] BOX BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT, AND THAT YOU AGREE TO BE LEGALLY BOUND BY THE AGREEMENT.
BY CLICKING THE [I AGREE] ICON BELOW, YOU:
Agree to enter into the Agreement electronically.
All Notices provided to you electronically shall be deemed to be “in writing.” You acknowledge and agree that your consent to receive Notices electronically is being provided in connection with a transaction affecting interstate commerce that is subject to the Federal Electronic Signatures in Global and National Commerce Act, and that we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
In order to receive Notices electronically from us, you must have:
An Internet browser, such as Internet Explorer 4.0 or greater or Mozilla Firefox 1.0 or greater;
An e-mail account and e-mail software;
A personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing; and
A printer that is capable of printing from your browser and e-mail software.
YOU MAY GIVE NOTICE TO MENTAL HEALTH FAST TRACK, OR WITHDRAW YOUR CONSENT TO ELECTRONIC COMMUNICATION AT ANY TIME BY LETTER DELIVERED VIA FIRST CLASS U.S. MAIL, POSTAGE PREPAID, OR OVERNIGHT COURIER TO THE FOLLOWING ADDRESS: MENTAL HEALTH FAST TRACK, 3215 STECK AVE. SUITE 205 AUSTIN TEXAS 78759
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE NOW.
MENTAL HEALTH FAST TRACK, LLC
Effective Date: ___________, 2014
No Minors. You represent and warrant that you are at least eighteen (18) years of age (or have otherwise had the disabilities of minority removed by applicable law) and possess the legal right and ability to agree to this Agreement and use the services offered by Mental Health Fast Track.
Consent. By signing this Agreement, you specifically authorize Mental Health Fast Track to:
Provide you with an online questionnaire regarding your condition and the type of provider you are attempting to find services; and
Use the information you provide Mental Health Fast Track to generate a general report (“Report”).
Purpose of Report and Website. The Report, the Mental Health Fast Track Website, questionnaire, Online Tools, and materials provided to you by Mental Health Fast Track are provided to you for general informational and educational purposes. Mental Health Fast Track is a service that assists people in navigating mental and behavioral health care providers and services in the Austin, Texas area. Mental Health Fast Track is not a mental or behavioral health provider or service. The information provided to you may not reflect the most current health care developments and is not guaranteed to be correct, complete, or up-to-date. No warranty is made as to the accuracy of the content of the Report, this Website, third-party links provided, or other information provided to you. Reports provided to you by Mental Health Fast Track will be based on data you provide to Mental Health Fast Track. By agreeing to this Agreement, you further acknowledge and agree that, if any of the information you provide to Mental Health Fast Track is inaccurate, then the Report provided to you will not be accurate.
The Services Provided by Mental Health Fast Track Do NOT create a Doctor-Patient Relationship or Other Treatment Relationship. You acknowledge and agree that (i) Mental Health Fast Track does not provide medical, mental, or behavioral services, and (ii) the services provided by Mental Health Fast Track are not in any way meant in any way to replace the advice of your physician or other health care provider. The Mental Health Fast Track Report and online tools are only meant to provide you with general information.
By providing you the list of mental and/or behavioral health care providers and services, we are not engaging in the practice of medicine, psychiatry, mental or behavioral treatment or services. If you think you may have a medical emergency, call your health care professional or your local emergency number (usually 911) immediately.
Web Server. Mental Health Fast Track reserves the right to collect general information regarding usage and users of this Website.
Our web server collects and stores the following general information about you:
The name of the domain from which you access the Internet (for example, aol.com, if you are connecting from an America Online account);
The date and time you access our service;
The pages you visit;
The Internet address of the website from which you linked directly to us.
The name and release number of web browser software you are using.
This information is collected automatically and is not linked to your personal identity. It is used in an aggregate way to help us improve our Website and make it more useful to you. This information may be shared with a third-party web analytics company. Also, we may share information in an aggregated, de-identified form with third parties with whom we have a business relationship.
Notwithstanding the above, Mental Health Fast Track may collect personally identifiable information regarding users who voluntarily provide such information (e.g., e‑mail addresses of users who send Mental Health Fast Track e-mail or who sign up for e‑news, etc.) as further discussed in Section 7 below.
Online Forms and E‑mail Communication. We do not obtain personal information (e.g., name, address, e‑mail address, etc.) about you when you visit the Mental Health Fast Track Website unless you choose voluntarily to provide such information to us. If you identify yourself by sending an e‑mail, by using a form like “Contact Us,” filling out the questionnaire, or by registering to receive information from us, there are a few things you should know.
Various people at Mental Health Fast Track may see the material you submit.
In other limited circumstances, including requests from legal authorities, we may be required by law to disclose information you submit.
We cannot guarantee that e‑mail and other Internet communications channels are secure against interception.
Disclosure of Information. By agreeing to this Agreement, you acknowledge Mental Health Fast Track may use and disclose your Protected Health Information Electronically. This section is meant to comply with the requirements set forth by Texas Health & Safety Code Section 181.154.
Referrals. Nothing in this Website (including links to other websites) should be interpreted as promoting, referring, recommending, endorsing, guaranteeing, or warranting, any particular healthcare or other service, product, entity, or provider.
Links to Third Party Websites. From time to time, this Website may provide links to other useful or interesting websites that are not owned or controlled by Mental Health Fast Track. We cannot be responsible for the content or privacy practices used by other website owners. If you have any concerns, you are urged to review the terms of those websites for more information about the policies applicable to those websites.
Directories: Physicians, Consultants, and Other Professionals. Our services include listings and directories (“Directories”) to help you find physicians, healthcare professionals, certified consultants or other professionals (collectively, “Professionals”). The Directories are provided for your convenience. The Directories are not comprehensive, but rather generally represent Professionals who are accepting patients. Further, we do not evaluate any Professional and the listing of a Professional does not in any way constitute a recommendation of such Professional. Before obtaining services or treatment from any Professional listed in a Directory, you should take the same care you would under any other circumstance, including by confirming licensure and specialty certifications. The Professionals are solely responsible for the appropriateness and quality of the services they provide. Professionals are responsible for maintaining their own schedules, and we cannot ensure that any given Professional will be available, nor that such Professional will not cancel his or her appointment.
Protected Services. Some of our services are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share using our Services. We call these “Protected Services.” One such safeguard is requiring each user to be properly authenticated by means of authorization (which we call, “Credentials”), such as unique identifiers, API keys, passwords, and the like. In order to obtain Credentials, you must provide certain information about yourself.
Your Credentials are unique to you. You should immediately notify us here if your Credentials have been stolen or compromised. You are responsible for all activities that occur under your Credentials until you have properly notified us that your Credentials have been stolen or compromised. Further, you represent, warrant and covenant that:
the information you submit in obtaining your Credentials is complete and accurate and identifies you;
you will not share your Credentials with anyone else;
you will not circumvent, or attempt to circumvent, any technical measures that we have put in place to safeguard the Protected Services;
you will not, without our prior written approval, access or use, or attempt to access or use, any portion of the Protected Services other than with (i) a commercial browser (such as Chrome, Internet Explorer or Mozilla Firefox), (ii) an application made for mobile or handheld device(s) that is developed and distributed by us, or (iii) our application programming interface (“API”) using Credentials issued to you directly by us, and only us; and
you will not access or use, or attempt to access or use, a Protected Service without validly-issued active Credentials.
We reserve the right to suspend or terminate your access to any Protected Service at any time, with or without cause or notice. We shall not be liable to you in any way if we suspend or terminate your access to a Protected Service or our Services.
Additional Safeguards. Further, you agree to the following additional safeguards. Accordingly, you agree that you will not, nor will you attempt to:
access, use or disseminate our Services, nor any information or files accessible via our Services, in a manner that violates any applicable law or regulation or the rights of any individual or entity;
sell or transfer any information included in our Services or use such information to market any product or service – including by sending, or facilitating the sending of, unsolicited e‑mails or SPAM;
probe, scan or test the vulnerability of our services, or of the system or network supporting our services, or circumvent any security or authentication measures;
disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures we have implemented to safeguard the stability of our Services, or the confidentiality, integrity or availability of any information, content or data hosted or housed on our services;
introduce to our services any software, code or other device that in any way (i) permits unauthorized access to our systems or any software, hardware, files or data located thereon, (ii) disables or damages or otherwise interferes with or adversely affects the operation of our systems or any software, hardware, files or data located thereon, or (iii) overburdens or interferes with the proper functioning of our services;
disassemble, decompile or reverse engineer our services;
harvest, retrieve, index or publish any portion of our services unless you are a Public Search Engine engaging in Public Search Services;
disable or circumvent our API usage safeguards, including safeguards designed to regulate the nature or amount of data you are permitted to extract from our services, or the frequency of which you may access such data; or make calls to our API other than those authorized in our API documentation;
remove any copyright, trademark or other proprietary rights notices contained in or on our services; or
engage in any activity other than those expressly permitted in these Terms and your User Agreement(s).
Advertisements. Some of the providers and services that we list may pay to advertise on our website. As a result, Mental Health Fast Track will receive direct and indirect remuneration if you elect to receive treatment or services from any provider advertising on the website. Selecting a mental or behavioral health care provider is an important decision that should not be based solely on advertisement. Mental Health Fast Track does not endorse any of the providers that advertise on the Mental Health Fast Track website. The manufacturers, services providers, distributors, and resellers of the products and services identified in the ads are solely responsible for the accuracy of their ads and the suitability, efficacy, safety, and quality of such products or services.
Disclaimer of Liability. MENTAL HEALTH FAST TRACK WILL NOT BE LIABLE TO ANY PARTY FOR ANY CLAIMS FOR DAMAGES BASED ON ANY CAUSE OF ACTION WHATSOEVER RELATING TO THE REPORT OR USE OF THE MENTAL HEALTH FAST TRACK WEBSITE, THIRD–PARTY LINKS, ADVERTISING,AND RELATED ONLINE TOOLS BY ANY PERSON OR ENTITY.
MENTAL HEALTH FAST TRACK MAKES NO REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF THE REPORT OR INFORMATION PROVIDED TO YOU. THE REPORT IS PROVIDED “AS IS.” MENTAL HEALTH FAST TRACK MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. MENTAL HEALTH FAST TRACK DOES NOT WARRANT THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY,MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE REPORT OR THE CONTENT IT CONTAINS OR THE METHOD OF DELIVERY OFTHAT INFORMATION TO USERS.
MENTAL HEALTH FAST TRACK DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR INANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM REPORT OR WEBSITE CONTENT, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THE UNAVAILABILITY OF THE WEBSITE, (C) ANY USE OF A REPORT OR WEBSITE OR ANY CONTENT CONTAINED THEREIN, (D) ANY RELIANCE ON THE INFORMATION CONTAINED IN THE REPORT OR WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BY PROVIDING YOU THE LIST OF MENTAL AND/OR BEHAVIORAL HEALTH CARE PROVIDERS AND SERVICES, WE ARE NOT ENGAGING IN THE PRACTICE OF MEDICINE, PSYCHIATRY, MENTAL OR BEHAVIORAL TREATMENT OR SERVICES, NOR ARE WE EXERCISING INDEPENDENT MEDICAL JUDGMENT, DIAGNOSING YOUR CONDITION, MAKING AN INDIVIDUAL REFERRAL ON YOUR BEHALF TO ANY PROVIDER OR SERVICES, ENDORSING ANY PROVIDER ON THE LIST OR GUARANTEEING THE QUALITY OF THEIR SERVICES. WE STRIVE TO MAINTAIN A HIGH DEGREE OF ACCURACY IN THE INFORMATION THAT WE PROVIDE TO YOU. HOWEVER, WE MAKE NO CLAIM, PROMISE, ENDORSEMENT, OR GUARANTEE ABOUT THE ACCURACY,COMPLETENESS, ADEQUACY OR AVAILABILITY OF THE TREATMENT OR SERVICES OFFERED BY THE PROVIDERS OR SERVICES ON THE LIST THATWE PROVIDE TO YOU. NO REPRESENTATION IS MADE THAT THE QUALITY OF SERVICES PROVIDED TO YOU BY ANYONE ON THE LIST WILL BE GREATER THAN THAT OF ANY OTHER LICENSED PROFESSIONAL AND PAST RESULTS DO NOT GUARANTEE FUTURE SUCCESS.
IN NO EVENT SHALL MENTAL HEALTH FAST TRACK BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE THE REPORT OR THE WEBSITE OR THE PERFORMANCE OR NON–PERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF MENTAL HEALTH FAST TRACK HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.