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IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. THE SERVICES MAY NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
- Description of Services.
The Site provides a platform for adults to learn about depression, understand treatment options, and connect with a Healthcare Provider if desired (the “Services”). The Services may include such features as:
- Complete self-administered electronic screening assessment based on validated studies.
- Review information on Site about depression and anxiety, treatments, and how to get help
- Connect with a licensed healthcare provider who is affiliated with sakurasmile(“Healthcare Provider(s)”) for Clinical Services (described below)
- Receive delivery of medications on a recurring basis with prescription.
- Receive therapy services on a recurring basis
- Monitor care and progress through other tools and resources.
- Clinical Services.
Clinical services from Healthcare Providers, including mental health diagnosis, medical advice, prescribing medications relating to treating depression or anxiety, and therapy (“Clinical Services”) are available only in certain states as identified on the Site (the “States Where We Operate”). You may only use Clinical Services from an internet connected device located in one of the States Where We Operate.
To receive Clinical Services, you must agree to the Telehealth Consent, which shall constitute (1) your voluntary authorization to the rendering of care by Healthcare Providers as may in their professional judgment be necessary; (2) your acknowledgement that no guarantees have been made as to the effect of such treatment; (3) your understanding that you have the right to refuse any treatment and discuss any treatments with Healthcare Providers; and (4) your understanding that you are responsible for payment for such treatment and Clinical Services.
You understand that by consulting with a Healthcare Provider through the Services, you are not entering into a physician-patient relationship with sakurasmile. sakurasmile provides a platform and mechanism for you to connect with Healthcare Providers. sakurasmile does not participate in the interaction between you and Healthcare Providers and does not have control over the quality, reliability, timing, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Healthcare Providers. You can report a complaint relating to the care provided by a Healthcare Provider by contacting the professional licensing board in the state where the care was received.
- Agreement to Terms.
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
- Changes to Terms.
We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
- Who May Use the Services?
You may use the Services only if you are 18 years or older and capable of forming a binding contract with sakurasmile and are not barred from using the Services under applicable law.
Registration and Your Information.
If you want to use certain features of the Services you’ll have to create an account (“Account”) via the Site.
- Accuracy of Account Information.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
sakurasmile requires payment of a fee(s) for certain portions of the Services. You may purchase a subscription (“Subscription”) for such use.
When you purchase a Subscription or owe certain Other Fees (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). We may ask you to provide insurance information, including your insurer, ID number, RxBin number, and RxPCN number. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
If you purchase a Subscription, you will be charged the monthly Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each month thereafter, at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or sakurasmile . Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
- Cancelling Subscription.
You may cancel a Transaction for a full refund at least twenty-four (24) hours before your first scheduled consultation with a Healthcare Provider. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to email@example.com or initiate such cancellation in your settings. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current subscription period and will then terminate without further charges.
- Other Fees.
You agree to pay all other fees and charges (including, for example, appointment no-show fees or late rescheduling fees) (“Other Fees”) associated with your Account on a timely basis and according to the fees schedule, the terms and the rates as published on the Site. By providing us with your Payment Information you authorize us to bill and charge you with the Payment Information and you agree to maintain valid Payment Information in your Account information.
In certain situations, your or your partner’s or spouse’s health plan may cover all or a portion of your use of Clinical Services. Subject to the terms of any written agreement between sakurasmile and the health plan, you may authorize us to bill for Clinical Services on your behalf and share necessary information with the health plan to process payments. You authorize sakurasmile to charge your credit card for any fees that your insurance company does not cover, such as copays, deductibles, and coinsurance.
- Use of Services.
We invite you to use the Services for personal and non-commercial purposes. When you accept these Terms, we grant you a limited, personal, non-exclusive, nontransferable, fully revocable license to access and use the Services as permitted under these Terms and any other agreements you may have entered into with us. You have no other rights in the Services or any materials or content available therein (the “Content”), and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Content in any manner. If you breach any of these Terms, the above license will terminate automatically.
- Prohibited Uses.
You agree not to use the Services for commercial or public purposes and/or to: a) violate any local, state, national or international law; b) stalk, harass or harm another individual; c) collect or store personal data about other users or persons; d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; f) attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means; and/or g) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- Intellectual Property.
You hereby expressly acknowledge that sakurasmile or its licensors own all legal right, title and interest in the Services. sakurasmile reserves all rights not expressly granted in and to the Service. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.
- Third Party Sites.
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
You may terminate this Agreement, for any or no reason, at any time, upon notice to sakurasmile. sakurasmile o may terminate, modify, restrict, or suspend your use of the Services, your Account, and/or your registration without notice for any reason at any time. You understand that termination of your agreement with sakurasmile and your Account will not entitle you to any refund and may involve deletion of your information and any content you uploaded using such Account.
- Warranty Disclaimers.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
- Clinical Disclaimer.
sakurasmile does not provide any medical services, practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by physicians or nurse practitioners, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. None of the Site content (other than personalized information you receive directly from Healthcare Providers) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. sakurasmileDOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, HEALTHCARE PROVIDERS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR OTHER INFORMATION THAT MAY BE MENTIONED through Services and does not represent that any Services provided on the Site are an appropriate substitute for direct in-person services in all cases.
- No Agency.
Notwithstanding any term herein, the Healthcare Providers are not agents of sakurasmile, and you may not interpret any communications or transmissions to or from the Healthcare Providers to create an agency relationship and they may not be deemed at any time to be acting as an agent of sakurasmile.
You will indemnify and hold harmless sakurasmile and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, or (ii) your violation of these Terms.
- Limitation of Liability.
sakurasmile and its officers, employees, directors, subsidiaries, affiliates, agents, and licensors are neither responsible nor liable for any indirect, incidental, special, consequential, exemplary, punitive, or other damages whatsoever (including, but not limited to, damages for lost profits, goodwill, use, data, or other intangible losses) arising out of or related to your use of the Site, including any content or information contained therein or services related thereto, whether based on contract, tort, warranty, statute, or otherwise. Your sole remedy in the event of any problem with the Site is to stop using the Site.
To the maximum extent permitted by applicable law, the maximum liability of sakurasmile to you with respect to your use of the Services is the greater of $100 USD or the amount of fees you have paid for access to and use of the Site in the five-month period preceding the event, or events, giving rise to your claim.
- Applicable Law.
- Dispute Resolution.
YOU AND sakurasmile AGREE THAT ALL CLAIMS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION LOCATED IN SAN FRANCISCO, CALIFORNIA, AS ADMINISTERED BY JAMS UNDER THE APPLICABLE RULES THEN IN EFFECT EXCEPT AS OTHERWISE AGREED BY THE PARTIES OR AS DESCRIBED BELOW. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT WILL NOT APPLY TO DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AND sakurasmile AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA, FOR THE PURPOSE OF LITIGATING ANY REFUSAL TO ARBITRATE. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT sakurasmile SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SERVICE, EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE SERVICES OR ANY CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE SERVICES.
FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN $10,000, THE PARTY REQUESTING RELIEF MAY ELECT TO RESOLVE THE DISPUTE IN A COST-EFFECTIVE MANNER THROUGH BINDING NON-APPEARANCE-BASED ARBITRATION, IN WHICH CASE sakurasmile AND YOU MUST COMPLY WITH THE FOLLOWING RULES.
YOU AGREE THAT YOU AND sakurasmile ARE EACH WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless otherwise agreed, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
Any notices or other communications provided by sakurasmile under these Terms, including those regarding modifications to these Terms, will be given via the Site or such other means as sakurasmile deems appropriate, such as by phone, in person or via email.
- Electronic Communications.
By using the Services, you consent to receiving electronic communications from sakurasmile. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with sakurasmile. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of receiving marketing communications from sakurasmile.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court should endeavor to give the effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms remain in full force and effect.
- Waiver of Rights.
Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
- Contact Information.
You may contact us at info@https://sakurasmile.com, or via mail or courier at: Brightside, 156 2nd Street, San Francisco, CA 94105. To the extent the California Electronic Commerce Act of 1984 applies, California users are advised that the technology and Site are provided by Brightside Health, Inc., 156 2nd St., San Francisco, CA 94105. If you have a question or complaint regarding the technology or Site, please contact us as described above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. THE SERVICES MAY NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.