Last revised February 1, 2022
If you are a minor seeking to utilize the Services, you may do so only with the consent of your parent and/or guardian (as further detailed herein). By providing written consent to a minor’s use of the services, parents and/or guardians are agreeing that their use and their minor child’s use of Handspring Services are subject to these Terms and they agree to be bound by such Terms.
NOT FOR USE IN CASE OF EMERGENCY
We offer an online communication platform for our Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.
The content of the Site, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical or psychological advice, diagnosis, treatment, or recommendations of any kind by Handspring. You may always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions.
IF YOUARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU SHOULD DIAL “911”IMMEDIATELY.
Handspring’s Site and Services are not for medical or mental health emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1immediately. If you are experiencing suicidal or self-harm thoughts or tendencies, you should immediately call the National Suicide Hotline at1-800-273-8255.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Handspring does not endorse any specific medication, pharmacy, or pharmacologic product. Providers reserve the right to deny care for actual or potential misuse of the Services.
AVAILABILITY OF SERVICES
Handspring and the Providers operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited. Currently, the telehealth services are available only to users located in New Jersey.
ORDERING AND PURCHASING OF SERVICES
You can purchase Services on the Site. We accept credit and U.S. debit cards. If a credit card account is being used for a transaction, Handspring may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
ELIGIBILITY; SITE ACCESS AND SECURITY
Handspring is a provider of mental and behavioral health services to adolescents. Minors under the age of 18 may only access the Site and the Services with the consent of a parent or legal guardian. Prior to a minor accessing Services, Handspring must receive a copy of the Informed Consent for Treatment of a Minor form and the Telehealth Consent form signed by the patient’s parent or legal guardian. You agree to fully, accurately, and truthfully create your Handspring Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your login credentials. The login credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your login credentials, and for all activities that occur under such login credentials. You agree to prohibit anyone else from using your login credentials and agree to immediately notify Handspring at email@example.com ofany actual or suspected unauthorized use of your login credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Handspring at any time with or without cause.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Handspring will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
CONSENT TO COMMUNICATIONS
When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Handspring may contact you by telephone, mail, or email to verify your account information. Handspring may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
By providing your mobile number, you are agreeing to be contacted by or on behalf of Handspring at the mobile number you have provided, including calls and text messages, to receive informational, Service-related(e.g., progress tracking, reminders, etc.) communications relating to the Site and Services. Message and data rates may apply. To stop receiving text messages from us, reply with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.
Handspring is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAM-SPAM ACT”) and the Telephone Consumer Protection Act(“TCPA”). Emails, newsletters, and text messages received from us are intended to fully comply with the CAM-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at firstname.lastname@example.org.
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Handspring Services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.
INTELLECTUAL PROPERTY RIGHTS
All pages within this Site and any material made available for download are the property of Handspring, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
With the exception of your electronic medical or treatment record, Handspring retains all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Handspring (in that case, the license provider retains all right, title, and interest therein).
You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Handspring’s trademarks, service marks, and logos are strictly prohibited without the prior written permission of Handspring, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Handspring or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Handspring may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
You may provide suggestions, comments or other feedback(collectively, “Feedback”) to Handspring with respect to its products and services, including the Services. Feedback is voluntary. Handspring may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant Handspring an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with Handspring’s business, including the enhancement of the Services.
Additionally, you agree not to:
ACCURACY OF INFORMATION
Although Handspring attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Handspring at email@example.com so that it can be corrected. Information contained on the Site maybe changed or updated without notice. Additionally, Handspring shall have no responsibility or liability for information or content posted to the Site from any non-Handspring affiliated third party.
NO FUNCTIONALITY GUARANTEES
Handspring reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.
LINKS TO THIRD PARTY SITES
Handspring makes no representations whatsoever about any other website that you may access through this Site. When you access a third party site, please understand that it is independent from Handspring, and that Handspring has no control over the content on that website. In addition, a link to a third party website does not mean that Handspring endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
If you submit, upload, post or transmit any health or psychiatric information, medical and psychiatric history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Handspring and the Providers that you have the legal right and authorization to provide all User Information to Handspring and the Providers for use as set forth herein and required by Handspring and the Providers.
Handspring may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Handspring may disclose, aggregate, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
You agree to defend, indemnify, and hold harmless Handspring from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.
CLAIMS OF COPYRIGHT INFRINGEMENT
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), if you believe any material accessible on or from the Site infringes your copyright, you may request removal of or access to those materials by submitting written notification (a “DMCA Notice”) to our copyright agent designated below:
If you fail to comply with all of the requirements of Section512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly and materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages(including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable or terminate users who are repeat infringers.
DISCLAIMER OF WARRANTIES
HANDSPRING DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITEWILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BECORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN ITOR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS,WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, ANDTITLE/NON-INFRINGEMENT. HANDSPRING DOES NOT WARRANT THE ACCURACY, COMPLETENESS,OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THISSITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. HANDSPRING DOES NOT WARRANTTHAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJANHORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTINGPROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP ANDSECURITY.
WARRANTIES RELATING TO SERVICES OFFERED, SOLD, AND DISTRIBUTEDBY HANDSPRING ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY,PROVIDED BY HANDSPRING OR THIRD PARTIES WITH OR IN CONNECTION WITH THEAPPLICABLE PRODUCTS OR SERVICES. HANDSPRING DOES NOT GUARANTEE THAT THROUGH USEOF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. YOU ACKNOWLEDGE ANDUNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAYRESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. HANDSPRING DOES NOT ACCEPTANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSEOF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE,INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OFNEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNINGLABELS ATTACHED TO THE PRODUCTS.
LIMITATION OF LIABILITY REGARDING USE OF THE SITE
EXCEPT ASPROVIDED BY LAW, AND WITHOUT LIMITATION:
HANDSPRING AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARENEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA,OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE,SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/ORANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHERLEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES,AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THEEXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOTENFORCEABLE, THE MAXIMUM LIABILITY OF HANDSPRING TO YOU WITH RESPECT TO YOURUSE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TOTHE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCHINDEMNIFICATIONS OR RELEASES.
DISPUTE RESOLUTION; ARBITRATION AGREEMENT
We will try work in good faith to resolve any issue you have with Site, including Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
If you desire to assert a claim against Handspring, and you therefore elect to seek arbitration, you must first send to Handspring, by certified mail, a written notice of your claim ("Notice"). The Notice to Handspring should be addressed to: Attn: Sahil Choudhry, 204 6th St, Unit 1R, Jersey City, NJ 07302, USA ("Notice Address"). If Handspring desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Handspring, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Handspring and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Handspring may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Handspring or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Handspring receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000.
YOU AND HANDSPRING AGREE THAT EACH MAY BRING CLAIMS AGAINST THEOTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASSMEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Handspring agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
HOW TOCONTACT US:
Handspring Medical N.J., PC
ATTN: Sahil Choudhry
204 6thSt, Unit 1R
Jersey City NJ, 07302, USA