Terms
The Services are not for emergencies.
IF YOU BELIEVE YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY. If you are thinking about suicide or if you are considering taking actions that may cause harm to yourself or others, call the National Suicide Prevention Hotline anytime at 1-800-273-8255 (en Español 1-888-628-9454) or go to the nearest emergency room. You can also use the 24/7 Crisis Text Line by texting “HOME” to 741-741.
Testa Psychiatry’s Platform and Services, including the Telehealth Services, are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Platform. 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 care physician and other health care professionals as recommended.
Always seek the advice of a physician or other qualified health care prescriber concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or medication. Please be aware the Services, including the Telehealth Services and the delivery of any medication prescribed through the Services, will stop being provided at the termination of your Services.
Testa Psychiatry, LLC. (“Testa Psychiatry,” “we,” “us,” or “our”) owns and operates this website. This Terms and Conditions of Use (“Terms of Use”) governs your access and use of our Services (as defined below) and the website located at www.testapsychiatry.com and any other U.S. websites on which we post these Terms of Use, and the affiliated Testa Psychiatry mobile application on which we post these Terms of Use (collectively, the “Platform”).
Please review these Terms of Use carefully. By accessing or using the Platform or using our Services, you accept and agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Platform or Services and you must promptly exit the Platform and stop using the Services.
In these Terms of Use, the terms “you” and “your” means you, as the user of the Services, your dependents if any, any other person accessing your User Account (as defined below), and each of your heirs, assigns, and successors.
1. Description of Services.
The services offered through the Platform (collectively, “Services”) may include:
Online and technology access to telehealth services, including substance use disorder diagnosis and treatment, mental and behavioral health diagnosis and treatment, and medication prescription (“Telehealth Services”), with nurse practitioners or doctors, and other qualified health care providers that work with Testa Psychiatry (“Providers”)
Laboratory services
Regular monitoring of care and progress tracking
Services available on the Platform may be sold or offered by Testa Psychiatry or by third-party medical groups, pharmacies, labs, or other third-party partners. The Platform provides you with access to one or more of the Providers and provide Telehealth Services through the Platform. The Platform may also provide access to laboratory and diagnostic services from Quest Diagnostics Clinical Laboratories, Inc. and other Testa Psychiatry laboratory partners from time to time (the “Labs”).
The Services may change from time to time, and Testa Psychiatry may choose to add new Services or suspend or discontinue some or all of the Services, in its sole discretion.
Your Relationship with Us.
Testa Psychiatry does not provide medical services, including via the Platform. Testa Psychiatry operates the technology platform through which you can connect with Providers who render Telehealth Services and receive other available Services. The Providers matched through the Platform are engaged by Testa Psychiatry, and use independent professional judgment in rendering Telehealth Services. Testa Psychiatry provides administrative, payment, technological and other supportive non-clinical services for the Providers. The Providers, and not Testa Psychiatry, are responsible for the quality and appropriateness of the care they render to you on the Platform, and any professional advice received from a Provider on our Platform comes from the Provider alone and not from Testa Psychiatry.
You will be matched with available Providers based on the information you submit to the Platform and you will have the option to choose and/or switch Providers if available. The Telehealth Services you receive may vary depending on the Provider you interact with. Testa Psychiatry does not participate in the interaction between you and Providers and does not have control over the quality, reliability, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Providers. You should contact your Provider directly for any questions regarding your care or medical treatment, and you can report a complaint relating to the care provided by a Provider by contacting the professional licensing board in the state where the care was received. Testa Psychiatry does not recommend or endorse any specific Providers, tests, medications, products, or procedures, and shall not in any way be liable for any Telehealth Services or other services or advice provided to you by a Provider. Your reliance on any Provider or information delivered by the Providers via the Platform is solely at your own risk and you assume full responsibility for all risks associated herewith.
By accepting these Terms of Use, you acknowledge and agree that Testa Psychiatry is not a health care provider and that by using the Services, you are not entering into a doctor-patient or other health care provider-patient relationship with Testa Psychiatry. By using the Services, you may, however, be entering into a doctor-patient or other health care provider-patient relationship with one or more Providers. Further, we do not control or interfere with any professional service provided by the Labs and third-party Pharmacies, each of which is solely responsible for their provision of professional services rendered via the Service.
Telehealth Services.
Telehealth involves the delivery of health care services using electronic communications, information technology or other means between a health care provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The Telehealth Services are not intended to take the place of your relationship with your regular in-person health care practitioners or primary care physician.
To receive Telehealth Services, you must agree to the Telehealth Informed Consent, which provides a description of the risks and benefits of telehealth, and constitutes your voluntary authorization to the rendering of Telehealth Services by Providers on the Platform. The Telehealth Informed Consent is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use. You agree that Testa Psychiatry is a third-party beneficiary of the Telehealth Informed Consent and has the right to enforce it against you.
Providers have also adopted a Notice of Privacy Practices describing their collection and use of your health information. By accessing or using any part of the Services, you are acknowledging receipt of the Notice of Privacy Practices from your Provider(s).
Where appropriate, the Provider(s) may also request your cooperation in obtaining records from your previous health care providers to assist in providing the best care for you (this may include signing a release and/or authorization to speak to all other health care providers that you see).
The Services are not an insurance product.
The Services are not health insurance or a substitute for health insurance, and the amounts you pay for Services on the Platform are not insurance premiums. The Services do not meet any individual health insurance mandate under federal or state law. If you desire any type of health or other insurance coverage, you will need to acquire such insurance separately.
Other Platform Content.
Outside of health care advice you receive directly from a Provider, the content of the Platform provided as part of the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Testa Psychiatry. All information provided by Testa Psychiatry, or in connection with any communications supported by Testa Psychiatry (including resources from the cognitive behavioral therapy exercise library, meditation guides, articles and blog posts published on Testa Psychiatry ’s website and other general health care-related information and self-guided resources), is intended to be for general information purposes only, and is in no way intended to create a health care provider-patient relationship.
Your Device Functionality.
You are responsible for obtaining and maintaining your device, software, operating system, carrier and network access necessary to properly access and use the Services. Testa Psychiatry does not guarantee that the Platform or any portions thereof will function on or in connection with any particular device, software, operating system, carrier, or network. Testa Psychiatry will have no liability for errors, unreliable operation, or other issues resulting from use of the Platform on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system. All rate and data fees of your device’s carrier apply to your use of the Platform and Services and Testa Psychiatry is in no way responsible for your carrier rates and data fees, where applicable.
2. User Account.
Registration.
To access the Services on the Platform, you must first create a personal user account with Testa Psychiatry through the Platform (“User Account”). To create a User Account, you must accept and agree to these Terms of Use. You may be required to satisfy certain conditions precedent imposed by Testa Psychiatry (including, for example, providing additional information to Testa Psychiatry, and entering into additional agreements with Testa Psychiatry and/or its third-party affiliates). You may only have one (1) User Account. A User Account is not transferable between individuals.
User Account Activity and Responsibility.
You agree that all information you submit to create your User Account, including but not limited to your name, date of birth, address, phone number, and email address, shall be truthful, accurate, and complete, and you shall maintain accuracy and completeness of the information associated with your User Account. You will be required to select a password to access your User Account. Your User Account is personal to you, and you are solely responsible for maintaining the confidentiality of the credentials to access your User Account, and you are responsible for all activity that occurs under your User Account. You may not allow another individual or third party to access, use, or modify your User Account. You are responsible for maintaining the security of your User Account, including keeping your login credentials secret to only yourself. Please contact support@TestaPsychiatry.com immediately if you suspect that another individual or third party has gained access to your User Account.
Refusal of Services on Fraud.
Testa Psychiatry may, but does not assume the obligation, to request further information from you to provide the Services. If you do not timely provide this information in the manner requested, we reserve the right to suspend, discontinue, or deny your access to and use of the Platform and the Services until you provide the information to us as requested. Without limitation, Testa Psychiatry may refuse to provide its Services to you, cancel or deactivate your User Account for any reason in Testa Psychiatry’s sole discretion, including where we suspect fraud or illegal activity. This includes, but is not limited to, stolen payment information or falsified medical information resulting in a prescription and subsequent supply of medication by the chosen local pharmacy.
Account Deactivation. You may deactivate your User Account by contacting support@TestaPsychiatry.com. Without limiting the survival of certain provisions in these Terms of Use, the Terms of Use shall continue to apply to our relationship with you unless you deactivate your User Account in accordance with these Terms of Use.
3. Payments.
Your Payment Information.
Testa Psychiatry will charge any fees associated with your User Account to your credit card or debit card on file with Testa Psychiatry, as identified in your User Account, in accordance with these Terms of Use. Receipts for payments will be emailed to you and can be accessed through your User Account. You represent and warrant that (i) the credit card or debit card information you provide to Testa Psychiatry is true, correct and complete, and (ii) that you are the person in whose name the credit card or debit card was issued and/or you are authorized to make a purchase with the relevant credit card or debit card. You will promptly notify Testa Psychiatry if your payment information has changed, if your payment method has been canceled, or if you become aware of a breach of security. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. If your payment card details change or are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent). By providing us updated payment information, you authorize us to continue to charge your card using the updated information so that you can continue to receive your Subscription or other Services. In order to facilitate payment for your online visit, Testa Psychiatry will share your credit card information and related personal information to its designated credit card payment processor. This information is shared solely for the purpose of collecting the fee.
Fees.
You agree to pay all fees and charges associated with your User Account that are not included in the Initial Evaluation or Follow-up Fee, including, for example, appointment no-show fees, cancellation fees or late rescheduling fees, cost of laboratory tests, if applicable, and other costs not covered by your health insurance plan, and any fees for any Services not charged as Initial or Follow-up visits (collectively, “Other Fees”), on a timely basis and according to the terms and the rates presented to you. By using the Services and incurring such Other Fees, you authorize us to bill and charge your payment method on file for such Other Fees in full.
You will be informed of the fee to be charged when you select a Provider. Fees are set according to type of Service provided. You will be asked to supply credit card information, which will be verified prior to your online visit. You will not be able to use Testapsychiatry.com to communicate with a Provider if the credit card information you provide is inaccurate or if your credit card is declined.
In the event there is a connection disruption, but your selected provider remains connected, the stated charge will still be made. In the event the selected provider loses the connection at any point in the visit, a charge may or may not be incurred. You will not be charged any fee other than the fee for your visit with your selected Provider.
Insurance.
If you have health insurance, your insurance plan may cover all or a portion of your use of our Services, including costs associated with the Telehealth Services, prescribed medication filled by the Pharmacies, and/or laboratory products and services provided by the Labs. Testa Psychiatry and the Provider(s) are not enrolled with state health care programs such as Medicaid or any insurance companies at this time.
Your insurance policy is a contract between you and your insurance plan, and it is your responsibility to know your benefits, including if your insurance has any usual and customary limit, prior authorization requirements or any other type of benefit limitation for the Services you receive, and how your benefits will apply to your reimbursement. If you purchase Services, you authorize Testa Psychiatry to charge your payment method on file. You will be ultimately responsible for all fees and costs arising out of your use of the Services and agree to pay the full amount of all Fees associated with your User Account. Questions about non-payment should be directed to your insurance plan. You agree to inform Testa Psychiatry or your Provider immediately if you can no longer pay for treatment. Upon payment for the Services, you will receive a detailed receipt with information you can supply your insurance company and can be used in their decision on reimbursement.
Changes to Fees.
All fees published on the Platform are set by Testa Psychiatry in its sole discretion and we may change our fees from time to time. We may change the Initial Assessment Fees, Follow-Up Fees, or Other Fees at any time on a going forward basis in our discretion. If the pricing for Telehealth visits increases, we will notify you, and provide you an opportunity to change or cancel your appointment before applying those changes to your User Account. Your continued attendance to follow-up appointments after the changes become effective will constitute your acceptance of the changes.
Third-Party Payment Processor.
All credit card, debit card and other monetary transactions on or through the Platform occur through an online payment processing application that is provided by a third-party payment processor(s). Testa Psychiatry itself does not collect or store payment card information. If our third-party payment processor is unable to secure funds from your payment method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Testa Psychiatry may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your User Account or Services.
Waiver of Claims and Unauthorized Payments.
You agree to waive all claims against Testa Psychiatry and its third-party affiliates, including Testa Psychiatry’s third-party payment processor(s), related to any unauthorized payments made on or through the use of your User Account outside of Testa Psychiatry’s control, regardless of whether such payments are authorized or unauthorized. However, you may submit a claim of the unauthorized payment to Testa Psychiatry so that Testa Psychiatry can conduct a reasonable investigation as it sees fit under the circumstances. If appropriate, Testa Psychiatry will assist in correcting the alleged unauthorized payment, provided that such claim is received by Testa Psychiatry within thirty (30) days of the disputed charge or payment.
4. Cancellations and Refunds.
Refunds.
All purchases are final and once paid, all fees are non-refundable except as prohibited by applicable law. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
No Show Policy.
Please avoid a $50 no show fee and disruption to your care. It is your responsibility as the patient to attend all scheduled appointments. If, for some reason, you are unable to make your appointment, it is YOUR RESPONSIBILITY TO CANCEL OR RESCHEDULE the appointment with a member of our staff, 24 (Twenty-four) hours or 1-business day, prior to the scheduled appointment time. To assist you, we will try to contact you via phone, text, and email for appointment confirmation prior to appointment.
Emails are acceptable. If you do not provide at least 24 hours’ notice, you will be charged a No-Show fee of $25 for the first incident and $50 for each appointment missed thereafter. In addition, if you are more than 10 minutes late to your appointment, this will be considered a No-Show and you will be charged the No-Show fee. Subsequent missed appointments will result in additional $50 charges and possible dismissal from the practice and deactivation of your account. If you arrive late, we reserve the right to abbreviate or reschedule your visit upon your arrival. No-Show fees will be charged to your credit card or debit card on file. These fees are the sole responsibility of the patient.
5. Prescription Terms.
Certain medications require a valid prescription by a Provider licensed to prescribe the specific medication. You will not be able to obtain a prescription medication unless you have completed a consultation with one of the licensed Providers through the Platform, the Provider has determined the prescription is appropriate for you, and the Provider has written a prescription.
Testa Psychiatry does not endorse any specific medication, pharmacy, or pharmacologic product. There is no guarantee a prescription will be written by using the Services. If a Provider prescribes a medication, the Provider will limit supply based upon applicable regulations and will only prescribe a medication as determined in the Provider’s own discretion and professional judgment. Providers may also deny care for actual or suspected misuse of the Services for prescriptions.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. All prescription medications are provided subject to all warnings, limitations, and restrictions published or provided by the medication’s manufacturer. You agree to fully and carefully read all provided product information and labels and to contact your Provider, or another physician or pharmacist, if you have any questions regarding the prescription. You acknowledge and understand that your use or misuse of prescription medications obtained through our Platform or Services may result in undesirable or unexpected consequences. Testa Psychiatry does not accept any liability for the consequences arising from the application, use, or misuse of any prescription medications made available through the Platform or Services, including any injury or damage to any person or property as a matter of negligence, or otherwise, including your failure to comply with any warning labels attached to the prescription products.
Medication Refill Policy
During your course of treatment at Testa Psychiatry, LLC, you may be prescribed medications. It is your responsibility as the patient to notify your Provider if you need a refill at your scheduled appointment. If you are overdue for a follow-up, or missed your last scheduled follow-up, we will require an appointment prior to refilling medications. Failure to show or frequently cancelling your appointments at which your medications would be refilled, without rescheduling, is considered non-compliance with our office policies and you may be dismissed from the practice.
Please note that no refills will be called in after-hours or on the weekends or on holidays. You must attend all scheduled appointments with your physician if you wish to continue obtaining prescriptions for your current medications. If you have failed to follow up appropriately, it is at the Provider’s discretion how to handle your refill requests.
Pharmacy Services.
If you receive a prescription as a result of the Services, you always have the option to instruct your Provider or to email support@TestaPsychiatry.com to transmit that prescription to a different pharmacy of your choice. Please note that the cost of medication is not included in your visit Fee and will be charged by the individual pharmacy separately.
You acknowledge that you must keep prescription medication safe, secure, and out of the reach of children.
Controlled Substances.
Testa Psychiatry does not, at this time, prescribe controlled substances. If you feel you require a prescription for a controlled substance, do not use the Services of Testa Psychiatry.
6. Laboratory Products and Services.
Certain laboratory tests are required to monitor the effects of certain prescribed medication or for diagnostic purposes (“Lab Tests”), and require a valid prescription or order by a licensed Provider. You will not be able to obtain Lab Tests unless a Provider has determined that the Lab Test is appropriate for you and the Provider has prescribed or ordered the Lab Test. If you a Lab Test is ordered or prescribed by a Provider, you may be required to go to an in-person location of the applicable Lab to be tested. In certain cases, regularly scheduled Lab Tests are required in order to properly and safely manage your treatment plan.
If your Provider suspects that you are misusing the Services for prescriptions or engaging in other prohibited activities relating to your medication, your Provider may order and require that you obtain a laboratory test to confirm that misuse is not taking place before continuing your treatment or prescribing or refilling any medications (an “Investigative Lab Test”). Typically, these are in-person tests that may be ordered by your Provider to be completed at any local laboratory of your choice.
If you refuse to or do not timely complete any Lab Test or Investigative Lab Test, or if your test results present evidence that you have been misusing your prescriptions or engaging in other prohibited activities under these Terms of Use, your Provider reserves the right to modify or cease your treatment plan and/or medications based on their independent professional judgment, you may no longer be eligible to receive further prescriptions through the Platform, and/or your User Account may be suspended, canceled or terminated in Testa Psychiatry’s sole discretion.
7. Intellectual Property.
Intellectual Property. With the exception of your User Materials (as defined below), Testa Psychiatry the Labs and/or Testa Psychiatry’s licensors, as applicable, retain all right, title, and interest in and to the Platform, the Services and any information, content, files, document, text, photographs, images, audio, videos, reviews, products, documentation, software, or other materials available on or through the Platform and Services, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing. For clarity, use, reproduction, copying, or redistribution of Testa Psychiatry trademarks, service marks, and logos or those of Testa Psychiatry’s third party licensors are strictly prohibited without the prior written permission of Testa Psychiatry or the licensor, as applicable. The Platform may contain other proprietary notices and copyright information, the terms of which you agree to follow.
So long as you comply with these Terms of Use (including timely paying any Fees associated with your User Account), Testa Psychiatry grants you a limited, non-exclusive, personal, revocable, non-transferable and non-sub-licensable right and license to access the Platform and use any paid-for Services while your User Account is active, as applicable. All rights not expressly granted to you in these Terms of Use are reserved and retained by Testa Psychiatry or its licensors, suppliers, publishers, rights holders, or other content providers.
User Materials. All names, photographs, information, communications and any other content that you submit to or publish on or through the Platform, or that you submit to or publish on an online social media account (e.g., Facebook, Twitter, Instagram) that you own and link or otherwise associate with the Platform or your User Account, including any medical information you provide via Platform, if any and as applicable, is referred to in these Terms of Use as the “User Materials.” You own and are responsible for all User Materials and grant Testa Psychiatry and its related third parties involved in providing you the Services a worldwide, transferable, sub-licensable, irrevocable, perpetual license to use the User Materials, to the extent permitted by law, in order to provide the Services or as otherwise permitted in our Privacy Policy. You agree not to provide any User Materials that (a) are false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violate or infringe the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contain or transmit a virus or any other harmful component. Testa Psychiatry may, but does not assume the obligation to, monitor and/or delete any User Materials that it deems in its sole discretion to be in violation of the foregoing sentence. You represent and warrant that you have the legal right and authorization to provide all User Materials to Testa Psychiatry, and if relevant, its related third parties, so Testa Psychiatry or those entities can provide you with the Services.
Feedback. Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Platform or Services is entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Testa Psychiatry and its users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your User Account, these Terms of Use, or the Platform or Services.
8. Communications.
Consent to Electronic Communications. By opting in to use Testa Psychiatry’s Platform and Services, you affirmatively consent to conduct business electronically with Testa Psychiatry and 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.
Consent to Receive Calls and Text Messages. By providing your mobile number, sending Testa Psychiatry an initial text, or otherwise opting-in to receive telephonic communications from Testa Psychiatry, you are agreeing to be contacted by or on behalf of Testa Psychiatry at the mobile number you have provided regarding your User Account and use of the Platform and Services. You may update your notification preferences from Testa Psychiatry at any time by going through your User Account.
Sensitive Communications.
You understand that while Testa Psychiatry takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from Testa Psychiatry outside of Testa Psychiatry’s Platform (including off-Platform communications with Providers) are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by email outside of Testa Psychiatry’s Platform, you do so at your own risk. By emailing Testa Psychiatry or giving Testa Psychiatry your email, you consent to receiving unencrypted emails messages from or on behalf of Testa Psychiatry .
9. Rules and Prohibitions.
You understand that you may lose your right to use the Services and receive treatment if you do not abide by these Terms of Use.
In addition to other prohibitions in these Terms of Use, the following conduct is prohibited on the Platform and Services:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Testa Psychiatry has no obligation to monitor the Platform. However, this We reserve the right to review materials posted to the Platform and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Platform at any time without notice for any reason whatsoever. Materials uploaded to the Platform may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Security of Third-Party Websites
Third-party website links.
Testa Psychiatry may provide links in this Website to unaffiliated third-party websites. If you follow these links, you demonstrate your agreement that we are not responsible for and do not control the information on these websites. Prior to following any third-party link, you should review that website’s privacy policy and terms of use, as your visit to the website may bind you to those third-party terms and policies.
10. Availability of Services and Export Compliance.
Testa Psychiatry operates subject to state and federal regulations, and not all Services offered through the Platform may be available in your state. You represent that you are not a person barred from enrolling for 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 Platform or the Services is limited exclusively to users located in states within the United States where the Services are available as identified on the Platform. Accessing the Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
11. Disclaimers of Warranties; Limitation of Liability; Release; Indemnification.
Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THE PLATFORM AND SERVICES IS VOLUNTARY AND AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TESTA PSYCHIATRY AND EACH OF THE THIRD PARTIES OFFERING SERVICES VIA THE PLATFORM, INCLUDING THE PROVIDERS AND THE LABS, DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE SERVICES, AND ANY CONTENT, INFORMATION, PRODUCT, SERVICE OR OTHER MATERIALS PROVIDED ON OR THROUGH THE PLATFORM OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE QUALITY, ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. TESTA PSYCHIATRY DOES NOT WARRANT THAT THE PLATFORM WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT, OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK-UP AND SECURITY.
TESTA PSYCHIATRY DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES, ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR PLATFORM OR SERVICES, INCLUDING MEDICATIONS, MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. TO THE FULLEST EXTENT OF APPLICABLE LAW, TESTA PSYCHIATRY, THE LABS AND ANY OF ITS AND THEIR RESPECTIVE AFFILIATES DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS (INCLUDING MEDICATION) OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO MEDICATION.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH PROVIDERS, PHARMACIES, LABS, OR OTHER USERS OF THE PLATFORM. TESTA PSYCHIATRY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE TESTA PSYCHIATRY LABS OR THE PROVIDERS.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, TESTA PSYCHIATRY AND ANY OF THE THIRD PARTIES OFFERING SERVICES VIA THE PLATFORM, INCLUDING PROVIDERS AND THE LABS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, SUBSTITUTE SERVICES, OR BUSINESS INTERRUPTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH) CAUSED BY OR ARISING FROM OR IN CONNECTION IN ANY WAY TO THE PLATFORM, PRODUCTS, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, INCLUDING ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THE THIRD PARTIES (AS DEFINED HEREIN), 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 PLATFORM OR SERVICES IS TO STOP USING THE PLATFORM OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF TESTA PSYCHIATRY, THE THIRD PARTIES OR TESTA PSYCHIATRY’S AND THE THIRD PARTIES’ RELATED PARTIES TO YOU WITH RESPECT TO YOUR USE OR ACCESS OF (OR INABILITY TO USE OR ACCESS) THE PLATFORM OR SERVICES IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH LIMITATIONS OR RELEASES.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO WHEN SUCH ACTION OCCURRED. EXCEPT AS EXPLICITLY PROVIDED HEREIN, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM OR SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Release.
You hereby release and hold harmless Testa Psychiatry, the Labs and its and their Related Parties from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Platform or Services and products offered or provided on or through the Platform or Services and/or the rights and privileges granted or conveyed by you under these Terms of Use (including, without limitation, those rights and privileges relating to the User Materials and/or any elements, derivatives or marketing of the foregoing).
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Indemnification. You agree to indemnify, defend, and hold harmless Testa Psychiatry , the Third Parties (as defined herein) offering products or services through the Services, including the Providers and the Labs, and its and their Related Parties from and against any claim, actions, proceedings, demands, damages, losses, liabilities, settlements, costs and expenses, including, without limitation, reasonable legal and accounting fees and litigation expenses (“Claims”), resulting or arising from, or alleged to result or arise from, (i) your violation of these Terms of Use or the Privacy Policy, (ii) your use or misuse of the Platform, Services, products or features available through the Platform and Services, or any information posted on the Platform; (iii) your fraud, misrepresentations, violation of law, negligence or willful misconduct; (iv) the content or subject matter of any User Materials or other information you provide to Testa Psychiatry , the Third Parties or any customer service agent; (v) any text messages or other communications that you initiate to other Users or to third parties through our Services; or (vi) your infringement of third party intellectual property rights or privacy rights.
12. Modification, Suspension, or Termination of Platform, Services, or User Accounts.
Termination or Suspension of Platform, Services, or User Accounts.
Testa Psychiatry has the right to suspend or terminate the function or existence of all or any part of the Platform and/or your User Account at any time, and without notice as it deems advisable, including where you violate these Terms of Use, as required by law, or due to security or welfare concerns. To the extent permitted by applicable law, Testa Psychiatry shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations. If Testa Psychiatry has previously prohibited you from accessing or using the Platform, you are not permitted to access the Platform or its Services.
Survival.
The provisions of these Terms of Use which by their nature are intended to survive termination or expiration hereof shall survive, including, without limitation, Section 4 (Payments and Recurring Billing); Section 6 (Prescription Terms and Pharmacy Services); Section 8 (Intellectual Property); Section 9 (Communications); Section 12 (Disclaimer of Warranties; Limitation of Liability; Release; Indemnification); Section 13 (Modification, Suspension, or Termination of Platform, Services, or User Accounts); Section 14 (Dispute Resolution); Section 15 (Third-Party Services); and Section 16 (General Terms).
Changes to the Platform and Services.
All information contained on the Platform, including descriptions, images, references, features, content, specifications, products, and prices of any products or Services offered by Testa Psychiatry or its related third parties on or through the Platform, are subject to change at any time and without notice to you (but you are at all times entitled to your rights under Section 5 (Cancellations and Refunds) if you are unhappy with such changes).
13. Notices.
Please contact us by phone at 678-595-8037 or by mail at 2839 Howard Drive NE, Marietta, GA 30062.
14. General Terms.
Amendments to Terms of Use.
Except as provided in the Dispute Resolution provision in Section 14, Testa Psychiatry may revise these Terms of Use from time to time without notice to you. If we determine a revision to the Terms of Use, in our sole discretion, is material, we will notify you as required by law. These changes will be posted on this or a similar page of the Platform. By continuing to access or use our Platform or Services after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read these Terms of Use periodically.
Severability and Entire Agreement.
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 Testa Psychiatry and you pertaining to the subject matter hereof.
No Waiver.
No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Testa Psychiatry’s failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision.
Assignment.
You may not assign, transfer, or delegate the Terms of Use or any part thereof without Testa Psychiatry’s prior written consent. Testa Psychiatry may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of your and Testa Psychiatry’s heirs, successors, and permitted assignees.