Reklame Health Terms of Use

ReKlame Health (“ReKlame Health,” “our,” “us,” or “we”) provides administrative services and a technology platform through its website located at [https://www.reklamehealth.com/] (the “Platform”), together with related services, content, tools, products, data, communications, and information made available by ReKlame Health (collectively, the “Services”), subject to these Terms of Use (as amended from time to time, the “Terms” or the “Agreement”).

Please read these Terms carefully. By accessing or using the Services, creating an account, clicking to accept, or otherwise indicating your acceptance of these Terms, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these Terms, do not access or use the Services.

ARBITRATION NOTICE: THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, AS SET FORTH BELOW.

IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. IF YOU ARE EXPERIENCING A MENTAL HEALTH CRISIS OR ARE CONSIDERING HARMING YOURSELF OR OTHERS, CALL OR TEXT 988 IMMEDIATELY OR GO TO THE NEAREST EMERGENCY ROOM.

Acceptance of Terms and Conditions

Your access to and use of the Services is subject to this Agreement and all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you may not access or use the Services, except as necessary to review these Terms.

The Services are continually under development, and we may revise, suspend, or discontinue any part of the Services at any time, subject to applicable law. Any changes to this Agreement will be effective upon posting to the Platform unless otherwise stated. Your continued use of the Services after updated Terms are posted constitutes your acceptance of the updated Terms.

Modification of Terms

We may modify this Agreement from time to time. If we do, we will post the updated Terms on this page and update the “Last Updated” date. Changes will take effect as of the date posted unless otherwise stated. You are responsible for reviewing the Terms periodically. If you do not agree to any updated Terms, you must stop using the Services.

Your Relationship with Us and Use of Services

ReKlame Health provides administrative services and offers a technology platform to Integrative Wellness Nurse Practitioner in Psychiatry, PLLC and Integrative Wellness Nurse Practitioner in Psychiatry, LLC (collectively, the “Practice”), which is independently owned and operated by a licensed healthcare professional.

The healthcare professionals who provide clinical care through the Platform (the “Providers”) are engaged by or affiliated with the Practice, not by ReKlame Health. ReKlame Health does not practice medicine, nursing, therapy, or any other licensed profession, and ReKlame Health does not control or interfere with the professional judgment of any Provider.

By using the Services, you understand and agree that:

1. ReKlame Health is not your healthcare provider;

2. your clinical relationship, if any, is with the Practice and/or one or more Providers, not with ReKlame Health; and

3. ReKlame Health provides the Platform and related administrative support services.

In connection with your use of the Platform, you may provide personal information, including health information. ReKlame Health handles such information in accordance with its Privacy Policy, Notice of Privacy Practices, applicable federal and state law including HIPAA and 42 CFR Part 2.

Certain information you submit through the Services may be subject to heightened confidentiality protections under federal and state law, including 42 CFR Part 2. Records that identify an individual as having or having had a substance use disorder may be used or disclosed only as permitted by applicable law, the patient’s written consent, or other lawful authorization.

While the Platform may facilitate access to Providers, the Services may not be appropriate for all conditions, concerns, or communications. A Provider may determine that your needs require in-person care, referral, emergency care, or services not available through the Platform.

ReKlame Health is not an insurer. The Services are not insurance products, and amounts paid for the Services are not insurance premiums.

We reserve the right to change the offerings and functionality of the Services from time to time, subject to applicable law. We may limit, suspend, or terminate access to the Services for violations of this Agreement or other lawful reasons.

Availability

The Services are available only to individuals who are located in jurisdictions where the Services may lawfully be provided, are at least twelve (12) years old or the age of majority in their jurisdiction of residence, whichever is greater, and have accepted this Agreement. By using the Services, you represent and warrant that you satisfy these requirements and will use the Services only for lawful purposes.

Consent to Use of Telehealth Services

Telehealth involves the delivery of healthcare services using electronic communications and information technologies when the patient and provider are not in the same physical location. Telehealth may not be appropriate for all conditions or situations and is not a substitute for in-person care in all cases. Additional telehealth-specific consents may apply and may be presented to you separately by the Practice or your Provider.

Duty to Provide Information, Access, and Connectivity

You are responsible, at your own expense, for obtaining and maintaining the hardware, software, devices, Internet connectivity, and other services needed to access and use the Services. You are also responsible for providing truthful, accurate, current, and complete information in connection with your use of the Services.

Privacy Policy

ReKlame Health understands the importance of privacy and confidentiality regarding personal information. Please review our Privacy Policy and, where applicable, our Notice of Privacy Practices for information about how personal information may be collected, used, maintained, and disclosed. If there is any conflict between these Terms and applicable privacy or health information laws, the applicable law will control.

Registration; User Accounts, Passwords, and Security

To access certain Services, you may be required to register for an account. You agree to provide accurate and complete information and to keep your account information current. If you fail to do so, or if we reasonably suspect that information you provided is inaccurate or incomplete, we may suspend or terminate your account.

You are responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. You agree to notify us promptly at hello@reklamehealth.com of any unauthorized use of your account or any other security breach. You may not use another person’s account at any time.

Although we take reasonable steps designed to safeguard information, no system can be guaranteed to be completely secure. You are responsible for securing your devices, logging out after use, and preventing unauthorized access to your account.

Use and Ownership of the Services

The Services and all information, software, content, designs, text, graphics, interfaces, trademarks, logos, images, videos, audio, and other materials made available through the Services are owned by ReKlame Health or its licensors and are protected by intellectual property and other applicable laws.

Subject to these Terms, ReKlame Health grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

Submissions; Patient Information; Feedback

If you submit comments, suggestions, survey responses, reviews, feature requests, or other non-clinical communications to ReKlame Health (“Feedback”), you grant ReKlame Health a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and otherwise exploit that Feedback for business purposes, including to improve the Services, without compensation to you.

Except for Feedback and other non-clinical communications that are clearly intended for public or business use, ReKlame Health does not treat information you submit through the Services as non-confidential where applicable law requires confidentiality.

You remain responsible for the information you provide through the Services and represent that you have the right to provide such information.

Intellectual Property

The Platform and its content, features, functionality, and underlying technology are owned by ReKlame Health or its licensors. You may not copy, reproduce, modify, distribute, display, perform, publish, create derivative works from, transmit, or otherwise exploit any part of the Services except as expressly permitted by these Terms or with our prior written consent.

Prohibited Uses

Any use or attempted use of the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Services, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Reklame Health to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Reklame Health, (vii) to reverse engineer, disassemble or decompile any section or technology on the Services, or any component of the testing kits in connection with the Services, or (viii) for any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Services, you agree you will not:

  1. upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity;
  2. create a false identity or duplicative accounts for the purpose of misleading others or impersonating any person or entity, including, without limitation, any Reklame Health or Reklame Health’s partner representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
  4. upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another;
  5. delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
  6. upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise;
  7. violate any applicable local, state, national or international law;
  8. upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
  9. delete or revise any material posted by any other person or entity;
  10. manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology;
  11. probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems;
  12. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;
  13. harvest or otherwise collect information about others, including email addresses;
  14. use any robot, spider, scraper, or other automated or manual means to access the Services, or copy, download, distribute or reproduce any content or information on the Services; or
  15. assist or permit any person in engaging in any of these activities.

Reklame Health reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. Reklame Health may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be provided in the Privacy Policy or prohibited by applicable law, Reklame Health reserves the right at all times to disclose any information as Reklame Health deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Reklame Health’s sole discretion.

Right to Monitor

We reserve the right to monitor general use of the Services for operational, security, quality assurance, legal, and compliance purposes, and to remove materials or suspend access where we reasonably determine that doing so is necessary or appropriate. Nothing in this section authorizes the use or disclosure of protected information except as permitted by applicable law.

Payments

Receipt of health care services from a Provider, including thePractice, and your use of the Platform in connection with such health care services, constitutes an ongoing agreement to these terms and conditions of payment. For health care services connected to a Provider engaged by the Practice, your payment will be governed by the Financial Responsibility form that you will be required to consent to. Further, the Practice accepts certain insurance plans including Medicaid and Medicare. Please contact your insurance plan to confirm whether the Practice is in network with your plan, and any cost-sharing or co-payment obligations that you may have.

You understand that Reklame Health does not provide health care services; however, Reklame Health may collect and remit all payments from you for the services rendered by Providers, and you authorize Reklame Health to remit payment information to the Practice.

Reklame Health may use third-party services for the purpose of facilitating payment and the completion of the purchases for health care services, rendered by a Provider and in conjunction with use of the Platform. By submitting your payment information, you grant Reklame Health the right to provide information to these third parties.

Termination

We may suspend or terminate your access to the Services at any time for lawful reasons, including if you violate this Agreement or if we discontinue the Services. Upon termination, your right to use the Services will cease immediately.

Nothing in these Terms limits any rights you may have under applicable law to access your health records or obtain information maintained by the Practice, a Provider, or ReKlame Health on their behalf. Requests for records may be subject to applicable law, verification requirements, and the Practice’s or Provider’s policies and procedures.

Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. REKLAME HEALTH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

CONTENT MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY UNLESS EXPRESSLY PROVIDED AS PART OF CLINICAL SERVICES BY A PROVIDER. REKLAME HEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF NON-CLINICAL CONTENT.

NOTHING IN THESE TERMS DISCLAIMS ANY RIGHT OR PROTECTION THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REKLAME HEALTH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF REKLAME HEALTH ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. IN SUCH JURISDICTIONS, LIABILITY WILL BE LIMITED ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless ReKlame Health and its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your violation of these Terms, your unlawful conduct, your fraud or willful misconduct, or your infringement of any third-party right.

Electronic Communications

When you use the Services or send communications to us electronically, you consent to receive communications from us electronically, including notices, disclosures, and other communications related to the Services, to the extent permitted by applicable law.

Copyright

If you believe content on the Services infringes your copyright, please contact our Copyright Agent with the information required by applicable law:

Jena Grady

jgrady@nixonpeabody.com

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following notice:

ReKlame Health

666 3rd Ave, New York, NY

New York, NY 10172

Phone: (718) 790-4511

You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

Entire Agreement

This Agreement, together with any other terms, policies, consents, or notices incorporated by reference or separately presented to you, constitutes the entire agreement between you and ReKlame Health regarding your use of the Services.

Binding Arbitration / Class Waiver

YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE, OR OTHER CONTROVERSY BETWEEN YOU AND REKLAME HEALTH OR YOU AND ANY OF THE REKLAME HEALTH PARTNERS ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO REKLAME HEALTH, THE PLATFORM, THE CONTENT OR THE SERVICES, OR ANY OTHER REKLAME HEALTH GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Reklame Health will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Reklame Health also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

The arbitration shall be conducted in New York, New York except that, in the event New York, New York is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence at Reklame Health’s discretion unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.

Notwithstanding anything to the contrary herein, to the extent, the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Reklame Health agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in New York, New York, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.

ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in New York, New York, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.

You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with Reklame Health. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with Reklame Health to: 157 East 86th Street, Suite 5, New York, NY 10028. Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to 157 East 86th Street, Suite 5, New York, NY 10028. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at 157 East 86th Street, Suite 5, New York, NY 10028 ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.

Governing Law; Venue; Severability of Provisions

Except to the extent preempted by federal law, these Terms are governed by the laws of the State of New York, without regard to conflict of laws principles. If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.

No Agency Relationship

Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and ReKlame Health.

Assignment

You may not assign your rights under this Agreement without our prior written consent. ReKlame Health may assign its rights and obligations under this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of assets, subject to applicable law.

Third Party Beneficiaries

Certain features or services may be provided by third parties and may be subject to separate third-party terms. ReKlame Health is not responsible for third-party products or services except as required by applicable law.

Contacting Us

If you have any questions or concerns about this Agreement, please contact us by email at hello@reklamehealth.com. We will attempt to respond to your questions or concerns promptly after we receive them.

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