Your Relationship with TimelyCare
TimelyCare on its own behalf and on behalf of one or more professional corporations and/or professional limited liability companies¹ incorporated, formed or authorized in one or more states and for which TimelyCare provides administrative services (collectively, the “Professional Entities”), makes certain information available to you regarding remote telehealth consultations provided via phone, video, or asynchronous data exchange by a licensed healthcare provider (“Telehealth Consultations”) or Intake Mental Health Counselor employed or under contract with, one or more of the Professional Entities (the “Services”).
1. General. Prior to accessing a Telehealth Consultation, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, on behalf of yourself, to agree to these Terms and Conditions and abide by the obligations hereunder. You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site or a Telehealth Consultation.
2. TimelyCare Profile. You agree to: (i) fully, accurately, and truthfully create your TimelyCare profile; and (ii) prohibit anyone else from using your TimelyCare profile. You agree to provide accurate, current, and complete information about yourself for your TimelyCare profile and to periodically review and update such information as needed to keep it accurate, current, and complete. You agree to immediately notify TimelyCare of any actual or suspected unauthorized use of your TimelyCare profile or credentials or other security concerns of which you become aware.
3. Relationship with Providers. You agree that you are entering into an agreement with one or more of the Professional Entities, which shall be the providers of professional health services to you, which means, among other things, that you are entering into a practitioner-patient relationship with the healthcare provider and/or licensed healthcare provider associated with the Professional Entities that personally performs the Telehealth Consultation with you.
4. Role of TimelyCare. You understand and agree that TimelyCare is the provider of certain administrative services to the Professional Entities and does not provide professional health services itself.
5. Prohibited Conduct. You may not access, use, or attempt to use the Site or the Telehealth Consultations to take any action that could harm TimelyCare, the Professional Entities, or any third party, interfere with the operation of the Site or the Telehealth Consultations, or use the Site or Telehealth Consultations in manner that violates any laws. Your conduct on the Site or during Telehealth Consultations may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms and Conditions. We may suspend or terminate your access to the Site or the Telehealth Consultations for any or no reasons at any time without notice. Additionally, TimelyCare reserves the right to suspend or terminate your access to the Site or the Telehealth consultations if, for example, and without limitation, you:
A. Transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of any materials you transmit;
B. Provide information that is untrue, inaccurate, or incomplete;
C. Transmit any message, image, or information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful;
D. Expose your genitals or any other part of your body during a Telehealth Consultation that is not applicable to the Telehealth Consultation. TimelyCare does not provide access to Telehealth Consultations intended to evaluate your genitals and/or breasts;
E. Transmit any message or information that infringes or violates the intellectual property, privacy, or publicity rights of others;
F. Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate content received through the Services to anyone without prior express permission;
G. Engage in unauthorized means to compile content or personal information on the Site;
H. Take any action that imposes an unreasonable or disproportionately large burden on TimelyCare’s network or infrastructure;
I. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site to attempt to probe, scan, test the vulnerability of, or breach the security of TimelyCare’s system of network;
J. Attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Site; or
K. Engage in any other conduct that restricts or inhibits any person from using the Site or the Telehealth Consultations, or that, in TimelyCare’s sole judgment, exposes us or any third party to any liability, damages, or other detriment.
6. Personal Data. TimelyCare may collect information you provide when using the Site, including, but not limited to:
A. Personal identifying information and contact information;
B. Account registration information;
C. Demographic and geolocation data;
D. Computer, mobile device, and/or browser information (e.g., IP address, operating system, connection speed, browser type, cookies, and hardware and software attributes);
E. Usage activity concerning your interactions with the Site and/or third party Sites, networks, or applications accessed through the Site (e.g. viewing habits, viewing preferences, viewing history, number of clicks on a page, etc.);
F. Billing, payment, and shipping information;
G. The name and telephone number associated with your mobile device; and
H. With your express written consent, information about third-party software applications on your mobile device (including, without limitation, general software applications, downloadable software applications, and social media applications).
TimelyCare may collect your information directly from you (1) when you visit, access, or use the Site; (2) when you register with or subscribe to use the Site or the Telehealth Consultations; (3) when you sign into the Site; (4) when you interact with the Site on any social media platforms; (5) when you allow the Site to access, upload, download, import, or export content found on or through your computer or mobile device; or (6) when TimelyCare asks you for such information. Additionally, if you send TimelyCare a comment, message, or other communication about you or your activity on the Site, then TimelyCare may collect any information provided therein. Finally, TimelyCare may use various tracking, data aggregation, and/or data analysis technologies, including, for example, the following: cookies, flash cookies, web beacons, scripts, and analytics tools and services.
Please be advised that if you choose to block, reject, disable, delete, or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation, and data analysis technologies, then certain areas of the Site may not function properly.
By visiting, accessing, or using the Site, you acknowledge and agree in each instance that you are giving TimelyCare permission to monitor or otherwise track activities on the Site, and that TimelyCare may use the aforementioned technologies and/or tracking, data aggregation, and data analysis technologies. Notwithstanding the foregoing, TimelyCare does not permit third parties or third-party cookies to access any communications that you have with your healthcare providers or medical information that you submit to your healthcare providers.
7. Data Retention. TimelyCare may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide you with its products and services. TimelyCare may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by TimelyCare or as required by law.
8. Privacy Notice. You agree to the Privacy Notice issued by the Professional Entities, the terms and conditions of which are incorporated herein.
9. Payment for Services. In connection with your enrollment with TimelyCare, you acknowledge and agree that the Professional Entities are not enrolled with, and are not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care or mental health services or supplies and, as such, neither you nor TimelyCare nor the Professional Entities may receive payment from such programs for the Services provided to you by TimelyCare and/or the Professional Entities.
By agreeing to use the Services, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all Services and Telehealth Consultations provided to you, and (2) neither you nor TimelyCare nor the Professional Entities nor any pharmacies used in connection with the Services will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services.
Subject to any applicable introductory fee waiver periods, you agree that you will be charged for the Services and the Telehealth Consultations, by providing a credit card or other payment method accepted by TimelyCare (“Payment Method”), and you are expressly agreeing that TimelyCare is authorized to charge to the Payment Method any fees for Services and Telehealth Consultations, together with any applicable taxes.
You agree that authorizations to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify TimelyCare of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services and the Telehealth Consultations. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, TimelyCare may at its discretion attempt to process the charge again at any time within 30 days.
10. Prescriptions. You agree that physicians associated with the Professional Entities may not prescribe the following drugs:
1. Prescriptions for narcotics or DEA (Drug Enforcement Administration) controlled substances (Schedules I, II, and III);
2. Prescriptions for medications restricted by the states in which the Professional Entities operate; or
3. Prescriptions for abortifacient or any other drug that terminates a pregnancy.
11. TimelyCare is not a drug fulfillment warehouse. In the event that a healthcare provider associated with the Professional Entities does prescribe a medication, such provider will limit the supply based on state regulations and will only prescribe a medication as determined appropriate based upon the provider’s sole discretion and professional judgment. TimelyCare does not guarantee that a prescription will be written.
12. You agree that any prescriptions that you acquire from a healthcare provider associated with the Professional Entities shall be solely for your personal use. You agree to fully and carefully read all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
13. Confirmation of Information. It is your responsibility to confirm any third party information for yourself.
14. Electronic Healthcare Records. You agree to the entry of your protected health information (“PHI”) in connection with a Telehealth Consultation into the electronic healthcare records of the Professional Entities and understand that reasonable measures have been taken to safeguard your PHI in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”), as amended to date. However, you understand that no computer or phone system is totally secure. You further agree that any healthcare provider associated with the Professional Entities who uses your PHI with the Professional Entities may access and use such records as needed to provide treatment (including coordinating your care) and to improve the quality of your care.
15. Professional Entities who uses your PHI with the Professional Entities may access and use such records as needed to provide treatment (including coordinating your care) and to improve the quality of your care. The Professional Entities’ electronic healthcare records allow better access to your PHI, leading to better coordination and quality of care. The Professional Entities recognize your privacy and, in accordance with their Privacy Notice, will not release your information to anyone without written authorization or as required or permitted by law.
16. Under applicable law, you have a right to access your electronic healthcare record with the Professional Entities, which will be available to you within 72 hours subsequent to your Telehealth Consultation. You acknowledge that you can download, at any time, your electronic health record with the Professional Entities and share it with your primary care physician.
17. Communications. You understand and agree that Telehealth Consultations involve the communication of your healthcare information, both via text or orally, to physicians and other healthcare practitioners.
18. Risks and Benefits. You understand that there are risks associated with the Telehealth Consultations, including, but not limited to, the following: (a) loss of records from failure of electronic equipment; (b) power failures with loss of communication; and (c) access of electronic records by third parties (hackers). Furthermore, you understand that there are potential consequences of Telehealth Consultations, such as reduced in-person contact with healthcare providers. You understand, however, that there are many potential benefits of Telehealth Consultations, including the following: (i) increased availability of healthcare; (ii) availability of real-time data and information; and (iii) ease and convenience of receiving healthcare. Finally, you understand that it is impossible to list every possible risk, consequence, and benefit of Telehealth Consultations.
19. Rights. You understand that you have all the following rights with respect to Telehealth Consultations:
A. Free Choice. You have the right to withhold or withdraw your consent to Telehealth Consultations at any time without affecting your right to future care or treatment.
B. Access to Information. You have the right to request a copy of all health information transmitted during Telehealth Consultations, which are described in more detail in the Professional Entities’ Privacy Notice.
C. Confidentiality. You understand that the laws that protect the confidentiality of health information apply to Telehealth Consultations, and that no information or images from such interaction which identify you will be disclosed to other entities without your consent, unless otherwise permitted by law.
D. Consequences. You understand that, by consenting to Telehealth Consultations, healthcare providers associated with the Professional Entities may communicate your health information to physicians and other healthcare providers.
20. Consent to SMS Text Messages. You hereby authorize TimelyCare, and its service providers, to communicate with you via email, phone call, and/or text message at the email address and/or number provided, including through auto-dialed, auto-generated and/or pre-recorded messages. You understand that such emails/messages may include, without limitation, authentication codes for purposes of verifying my ownership of my mobile device, reminders about my upcoming appointments or re-scheduling missed appointments, billing or payment information or telemarketing (e.g., information about TimelyCare’s services or products). You may opt out of receiving email, phone call, and/or text message at the email address and/or number provided to TimelyCare. However, such opt-out may impact your access to the Telehealth Consultations and the Services.
You further acknowledge and agree that communications sent via unencrypted email or via text messages over an open network are inherently unsecure, and there is no assurance of confidentiality of information communicated in this manner.
You certify you are the user and/or subscriber of the email address and/or mobile number provided, and you accept full responsibility for emails and/or text messages sent to or from this addresses or number. You acknowledge that by receiving alerts via my mobile phone additional message and data rates may apply and you will be solely responsible for those charges.
You understand that emails and text messages have inherent privacy risks, especially when access to your computer or mobile device is not password protected or access is provided by my employer.
You understand there may be a delay when responding to emails or text message; thus, if you have an urgent situation, you should not rely on email or text message to request assistance but should seek assistance by calling 911.
You understand that, in order to process and/or respond to my emails or text messages, individuals at TimelyCare other than those directly involved in my care may need to read my email or text message and that any email or text message and response thereto may become part of my medical record – as appropriate.
21. External Links. This Site may include links to other sites that are not owned or under TimelyCare’s control and TimelyCare is not responsible for, and makes no representations, warranties, or recommendations with respect to the usefulness, availability, or content of any such sources, and you assume all responsibility with respect to the use of such sites and any and all information or services furnished through such sites.
22. Adverse Technical Events. The transmission of information on this Site is beyond TimelyCare’s control. Accordingly, TimelyCare assumes no responsibility for, or relating to, delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of this Site or sites access through this Site.
23. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TIMELYCARE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO ACCESS THE SITE OR ENGAGING IN A TELEHEALTH CONSULTATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. TIMELYCARE IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE USE OF THIS SITE AND/OR ANY MATERIAL LINKED THROUGH THE SITE.
24. Copyright and Trademarks. All content included on the Site including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks, and data (the “Marks”), in any form including the compilation thereof, are proprietary to TimelyCare and protected by U.S. and international copyright law and conventions. The Marks include both Marks owned or controlled by TimelyCare and Content owned or controlled by third parties and licensed to TimelyCare. Except as set forth below, direct or indirect reproduction of the Marks, in whole or in part, by any means, is prohibited without our express written consent. You are authorized only to use the Site for personal use and are not authorized to reproduce, sell, or exploit the Site or content of the Site for commercial purposes.
25. Indemnification. You agree to indemnify and hold harmless TimelyCare, the Professional Entities and each of their respective officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors, and others involved in the development or the delivery of services or information over the Site from and against any and all liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions.
26. Dispute Resolution. TimelyCare will try to work in good faith to resolve any issue you have with the Site. However, TimelyCare realizes that there may be rare cases where we may not be able to resolve an issue to your satisfaction. In the event a dispute cannot be resolved between you and TimelyCare, you agree that all matters related to any use or access of the Site or use of Telehealth Consultations will be governed by the laws of the state of Texas, without regard to applicable principles of conflicts of law. You agree and expressly consent to the exercise of personal jurisdiction in the state courts of Texas in Tarrant County, Texas in connection with any claim involving the Site and/or the Telehealth Consultations.
27. Miscellaneous. If any provision of these Terms and Conditions are deemed to be unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The failure of either you or TimelyCare to exercise, in any way, any right herein shall be deemed a waiver of any further rights hereunder. These Terms and Conditions constitute the entire agreement between you and TimelyCare relating to the subject matter herein. You and TimelyCare agree there are no third party beneficiaries intended under these Terms and Conditions. These Terms and Conditions may be subject to change. If TimelyCare makes any change, we will revise the “last modified date” at the bottom of this document. We encourage you to review these Terms and Conditions periodically. Your continued use of TimelyCare constitutes your agreement to any such changes.
28. Amendment of Terms and Conditions. TimelyCare has the right to amend these Terms and Conditions at any time without notice to you by posing the revised Terms and Conditions on this Site. You agree that you are bound by those changes by continuing to use the Site.
Last Updated: May 3, 2022