TotalPsychCareThese Terms & Conditions of Use (“Terms of Use”) apply to healthcare and content providers and govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Therapractic Management Systems (hereafter referred to as “TMS”) including the Totalpsychcare.com website (the “Site”) and the services available to users through the Site (“Services”). Your compliance with these Terms of Use is a condition of your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our privacy policy for a description of our privacy practices and policies, including how we collect and handle your personal health information.
1. Ownership Of The Site
All pages within this Site and any material made available for download are the property of TMS, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by TMS. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content or other proprietary information (including; images, text, page layout, or form) of Totalpsychcare.com without our express written consent.
2. Mental Health Care Providers/Referring Entities
To use the site, as either a Mental Health Care Provider who receives patient referrals or a Referring Entity who refers clients for mental health services (both hereafter known as “Provider”), you must agree to comply with all laws, mental health, medical or other board rules, or other rules and regulations applicable to you as a healthcare provider or other professional using the Site . Your relationship with the site users (including your patients/clients) is directly between you and the patient or between you and another healthcare provider. The patient will never have a physician-patient relationship with Totalpsychcare.com. TMS does not practice medicine or psychology, offers no medical or behavioral health services. As set forth more fully in Section 10, Provider is solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all billings and collections from patients and other consumers, and Totalpsychcare.com shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
3. Independent Professional Judgment, and Indemnification
Provider will use the Site and Services only in accordance with applicable standards of good professional practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider and its personnel offer to patients, many factors, including the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of services to Provider’s patients. In this regard, Provider releases TMS and waives any and all potential claims against TMS as a result of Provider’s use of the Site and Services, and the provision of services to Provider’s patients. As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold TMS harmless from any claim by or on behalf of any patient of Provider or its personnel, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against TMS regardless of the cause if such claim arises for any reason whatsoever, out of the use or operation of the Site and Services. To the extent applicable, Provider will obtain TMS’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of TMS or defect in the Site or Services. TMS will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.
4. Electronic Communications
You consent to receive communications from us electronically. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice or other communications be in writing.
5. Site Access, Security and Restrictions; Passwords
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. If you are under 18, you may use the TMS Services only with involvement of a parent or guardian.
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. TMS 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.
In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Totalpsychcare at any time with or without cause. You agree to defend, indemnify and hold TMS harmless from and against all third party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by TMS arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.
6. License And Access; Termination by TMS
Subject to your compliance with these Terms of Use and your payment of any applicable fees, TMS or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make use of the Totalpsychcare.com Services. In the event you have entered into a separate Platform Subscription Agreement with TMS, the terms of the Subscription Agreement shall also apply to your use of the Site and the Services. In the event of a conflict between the Subscription Agreement and these Terms of Use, the terms of the Subscription Agreement shall prevail. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by TMS or its licensors, suppliers, publishers, rightsholders, or other content providers. No TMS Service, nor any part of any TMS Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose except as expressly authorized in writing by TMS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TMS without express written consent. You may not use any meta tags or any other "hidden text" utilizing TMS's name or trademarks without the express written consent of TMS. You may not misuse the TMS Services. You may use the TMS Services only as permitted by law. Your access to the Site and Services and the licenses granted by TMS may be terminated by TMS if you do not comply with these Terms of Use.
7. Termination of Account by Provider
If you desire to terminate your account, please email support@therapractic.com with your request.
8. Accuracy and Integrity of Information
Although TMS attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. 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 TMS so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, TMS shall have no responsibility or liability for information or Content posted to the Site from any non-TMS affiliated third party.
9. Links to Other Sites
TMS makes no representations whatsoever about any other website that you may access through this Site. When you access a non-TMS site, please understand that it is independent from Totalpsychcare.com, and that TMS has no control over the Content on that website. In addition, a link to a non-Totalpsychcare.com website does not mean that TMS 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.
10. Provider Agreements and Rules of Conduct
If you submit, upload or post any agreements, contracts, consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (1) is 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. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail or mailings. You represent and warrant to that you have the legal right and authorization to upload all Provider Content at the Site. TMS shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however TMS desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. TMS is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you any compensation for any Provider Content; or (3) to respond to any Provider Content.
Responses soliciting business are unacceptable. Do not use encrypted email to solicit business from referring entities. You may not send (or encourage or help others to send) unsolicited commercial email to our users. Report inappropriate postings or conduct to support@therapractic.com. You may not delete or revise any material posted by any other person or entity. Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Site is prohibited. We are under no obligation to monitor the conduct of our users, but we may investigate and respond when violations are reported.
TMS does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant TMS the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, misstate professional and educational credentials or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers. TMS and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
You agree to defend, indemnify and hold TMS harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by TMS arising out of any Provider Content you post or allow to be posted to the Site.
11. Claims of Copyright Infringement
We respect the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512.
12. Disclaimer of Warranties
TMS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR 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, AND TITLE/NON-INFRINGEMENT. TMS 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 THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. TMS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
13. No Provision of Advice or Services
As part of the Services, TMS provides a platform for Provider to communicate with consumers, potential consumers, patients, and potential patients. TMS does not provide any medical or mental health advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods or services offered by Provider, including but not limited any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and TMS agree that Totalpsychcare.com is not providing, to Customer or anyone else, medical and/or mental health advice or legal advice.
14. Limitation of Liability Regarding Use of Site
TMS AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER 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/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL 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 THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF TMS TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
15. Dispute Resolution.
In the event of any dispute or claim relating to the Site or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in Lubbock, Texas in accordance with Texas State law.
16. Revisions; General
TMS reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between TMS and you pertaining to the subject matter hereof. In its sole discretion, TMS may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms & Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Last updated 02/28/2017
