Terms of Use

Welcome to Lingraphicare America, Inc. Terms of Use and website (the “Site”)

YOUR USE OF THIS WEBSITEIS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE.BY CLICKING “ACCEPT” BELOW, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE.IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE.

PLEASE READ THESE TERMS OF USE CAREFULLY

 

Services Provided

TALKPATH LIVE provides internet speech language pathology resources to connect individuals with participating licensed speech language pathology practitioners (the “Providers”) in real time, via live streaming video, telephone and/or secure e-mail for the diagnosis and treatment of clients over the Internet, as well as providing other types of administrative services and information (“Services”).All of the participating Providers have independently contracted to be in the network operated by Lingraphicare America, Inc.

These Terms of Use apply to your use of the Site and, to the extent referenced, to your registration for, subscription to, and use of the Services.

TALKPATH LIVE operates subject to state regulations; services may not be available in your state.

 

Account Enrollment, Eligibility and Security

In order to access the Site and Services, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use, register for the TALKPATH LIVE Services under your own name and to use the TALKPATH LIVE Services in accordance with this Terms of Use and abide by the obligations hereunder. You agree to fully, accurately and truthfully create your TALKPATH LIVE Account, including, but not limited to, your name, mailing address, phone number, email and password, which become your TALKPATH LIVE ID and credentials. Your TALKPATH LIVE ID and/or credentials are personal to you and you are solely responsible for maintaining the confidentiality of your TALKPATH LIVE ID and credentials, and for all activities that occur under such TALKPATH LIVE ID and credentials. You agree to prohibit anyone else from using your TALKPATH LIVE ID and credentials and you agree to immediately notify TALKPATH LIVE of any actual or suspected unauthorized use of your TALKPATH LIVE ID or credentials or other security concerns of which you become aware.

 

In order to determine your compliance with these Terms of Use we reserve the right, but not the obligation, to monitor your access to and the use of the site and the Services. Lingraphicare America, Inc. may, in its sole discretion, refuse to provide care for actual or potential misuse of these Services, or for noncompliance with these Terms of Use.

 

Fraud Prevention and Security

Lingraphicare America, Inc. may contact you by telephone, mail or email to verify your TALKPATH LIVE Account information. Lingraphicare America, Inc. may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, Lingraphicare America, Inc. reserves the right to suspend, discontinue or deny your access to and use of the Site and Services, until the information is provided by Customer to TALKPATH LIVE as requested.

 

Modification to Terms of Use

Please print and keep a copy of these Terms of Use. Lingraphicare America, Inc. reserves the right to modify the Terms of Use periodically, for any reason, and without notice. The most current version of these Terms of Use can be accessed at any time by selecting the Terms of Use link on the bottom of the Site. Please review the Terms of Use often so you will be apprised of any changes made. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the Services.

Lingraphicare America, Inc. has the right to limit, suspend, discontinue or deny your access to and use of the Services at any time, and without notice, to anyone who violates these Terms of Use as Lingraphicare America, Inc. considers appropriate or necessary in its sole discretion, including but not limited to (1) security reasons (2) alleged or suspected breach of these Terms of Use, or (3) the protection of intellectual property.

 

Information Provided by You

As part of the signing up process, you are required to provide us certain personal and medical information. Additionally, it is your responsibility to update TALKPATH LIVE as promptly as possible with changes to your personal and/or medical information so that all records are current, complete and accurate. You are obliged to provide us the following information:

  • Changes in e-mail address
  • Change of address
  • Change of phone number
  • Change of ownership of account
  • Change of credit card number
  • Change of credit card expiration date

 

Information Resources (Opt-IN)

By subscribing to TALKPATH LIVE’s services you are agreeing to opt-in to the receipt of newsletters and other information from Lingraphicare America, Inc., links to other related Web sites and specific questions related to your TALKPATH LIVE Record. Additionally, Lingraphicare America, Inc. makes available self-care informational services that provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Lingraphicare America, Inc. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services or urgent care. The information contained these communications and resources are compiled from a variety of sources and may or may not be considered authored by Lingraphicare America, Inc. Lingraphicare America, Inc. makes no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular drug or treatment is safe, appropriate or effective for you.If you do not wish to receive such communications, you may opt-out at any time by contacting Customer Services.

 

Limitations on Use

You will not use the Site or Services in any unlawful way and/or for any unlawful purpose. You will not post or transmit a message under a false name, or use the network resources of TALKPATH LIVE to impersonate another person or misrepresent authorization to act on behalf of others or TALKPATH LIVE. All messages transmitted via TALKPATH LIVE should correctly identify the sender. You may not alter the attribution of origin in electronic mail messages or posting. You will not allow another person or entity to use their account, username or password to access or use the Services, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of Lingraphicare America, Inc. its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect PHI about any other individual who uses the Service. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Site or the Services. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Site. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.

 

You further agree that any information you provide or use on the Site, and your use of the Site or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

 

Lingraphicare America, Inc. maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

 

All customer-specific information provided by you in connection with Services shall be governed by the Lingraphicare America, Inc. Privacy Policy which can be found at www.talkpathlive.com/privacy. As part of these terms and conditions, you acknowledge that you understand, have read and accept all terms and conditions contained within the Lingraphicare America, Inc. Privacy Policy. Lingraphiccare America, Inc. reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for your account on the TALKPATH LIVE system.

 

Operational Functionality

Lingraphicare America, Inc. reserves complete and sole discretion with respect to the operation of the TALKPATH LIVE Services. Lingraphicare America, Inc. may, among other things withdraw, suspend or discontinue any functionality or feature of the TALKPATH LIVE Services. Lingraphicare America, Inc. is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. Lingraphicare America, Inc. is not responsible for maintaining information arising from use of the Site or in respect of the Services. Lingraphicare America, Inc. reserves the right to maintain, delete or destroy all communications and information posted or uploaded to the Services in accordance with its internal record retention and/or destruction policies.

 

Temporary Use License Granted

Only for the duration of being logged into your valid TALKPATH LIVE account, you are hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of these Terms of Use to use the Services solely for personal, noncommercial use. The Customer is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.

 

Intellectual Property

With the exception of your Medical Records, Lingraphicare America, Inc. retains all right, title and interest in and to TALKPATH LIVE, the Services and any Information, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the Site licensed by TALKPATH LIVE, and in that case, the license provider retains all right, title and interest therein. The information available through the Site and the Services is the property of Lingraphicare America, Inc., or if licensed by Lingraphicare America, Inc., the license provider.

 

You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the Law in the federal and state courts located in Florida. The final choice of whether a customer is in violation of any of these policies is at the sole discretion of Lingraphicare America, Inc. Nothing contained on the Site should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by Lingraphicare America, Inc. or the third party owner of such trademarks, service marks and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.

 

International Use

The Services are designed for and intended for users in the United States. Lingraphicare America, Inc. makes no representation that the information and services provided on the Site or through the Services are applicable to, appropriate for, or available outside the United States. Accessing the Services from territories where the content is illegal is prohibited.

 

Legal Notices and Disclaimers

Medical Disclaimers: Lingraphicare America, Inc. makes no representation or warranty as to the content of any treatment response from any Provider. Providers are independent contractors and not employees of Lingraphicare America, Inc.You and your Provider are solely responsible for all information and/or communication sent during a video/telephone/email consultation or other communication. TALKPATH LIVE does not guarantee that a video/telephone/consultation is the appropriate course of treatment for your particular health care problem. Furthermore, TALKPATH LIVE is not a substitute for you primary care. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.

 

Content Disclaimers: No information found on this Site should be relied on as medical advice. Nothing contained in this Site should be construed, directly or indirectly, as the practice of medicine or providing medical services by Lingraphicare America, Inc. Lingraphicare America, Inc. makes no warranties or representations as to the accuracy of the information provided on the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and information contained in the Site.

 

General Disclaimers

YOU ACKNOWLEDGE THAT YOUR USE OF THE TALKPATH LIVE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW LINGRAPHICARE AMERICA, INC. AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, TALKPATH LIVE AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE TALKPATH LIVE PRODUCTS AND SERVICES PROVIDED HEREUNDER. LINGRAPHICARE AMERICA, INC. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE TALKPATH LIVE SERVICES.

 

Lingraphicare America, Inc. does not endorse the promotions, products, or services of any third parties. Lingraphicare America, Inc. does not warrant or validate the information of any third party advertisements, promotions, communications or other materials. Lingraphicare America, Inc. does not assume any responsibility or liability for the accuracy of information contained in this Site or any third party web sites.

 

Service Reliability and Warranties

Lingraphicare America, Inc. makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected. This includes loss of data resulting from delays, and any service interruption caused by Lingraphicare America, Inc. employees. Lingraphicare America, Inc. is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.

Lingraphicare America, Inc. will take all necessary precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that Lingraphicare America, Inc. shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. Lingraphicare America, Inc. may perform regular back-ups of all data stored, but shall have no liability to Customer in the event all data is lost or destroyed. Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.

 

Indemnification

You agree to release, indemnify, defend and hold harmless Lingraphicare America, Inc., our contractors, agents, employees, officers, directors and affiliates (Affiliates) harmless from all liabilities, claims, rights, losses, causes of action, actions and suits (no matter whether in law or in equity), expenses, including attorney’s fees, of third parties relating to or arising, directly or indirectly, out of or in connection with (i) your use or misuse of the Site or the Services or any information posted on the Site, (ii) your subscription, (iii) Your breach of the Terms of Use or the Privacy Policy, (iv) your relationship with any Provider, (v) the content or subject matter of or any information you provide to Lingraphicare America, Inc., any of its Affiliates, any Provider or customer service agent, and/or (vi) any negligent or wrongful action or omission by you in the use or misuse of the Site or the Services or any information posted on the Site, including, but not limited to, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct. If and When Lingraphicare America, Inc. is threatened with suit by a third party, Lingraphicare America, Inc. may seek written assurances from you concerning your promise to indemnify it; your failure to provide those assurances may be considered by us to be a breach of your Terms of Use and may result in deactivation of your TALKPATH LIVE account Service(s).

 

Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:

 

LINGRAPHICARE AMERICA, INC. SHALL NOT BE LIABLE FOR THE ACTS OR OMMISSIONS OF ANY OF THE INDEPENDENT PROVIDERS.

 

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO TALKPATH LIVE AND ITS SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD. LINGRAPHICARE AMERICA, INC. DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORAMTION, INSTRUCTIONS, OR GUIDELIENES ACCESSED THROUGH THE SERVICES.

 

IN NO EVENT SHALL LINGRAPHICARE AMERICA, INC. NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE MONTHLY OR ANNUAL SUBSCRIPTION RATE PAID UNDER YOUR PLAN, OR (ii) THE AMOUNT OF SESSIONS YOU PRE-PURCHASED (iiI) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, THE LIQUIDATED SUM OF $50.00. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LINGRAPHICARE AMERICA, INC. NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (i) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, OR (ii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATON OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRCUTION OR UNAUTHORIZED ACCESS TO TALKPATH LIVE RECORDS, PROGRAMS OR SERVICES, AND WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED THROUGH THIS SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TALKPATH LIVE IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT LINGRAPHICARE AMERICA, INC’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.

 

YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

 

Third Party Protection

The Indemnification and Disclaimers provisions set forth above are for the benefit of Lingraphicare America, Inc, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

 

Termination and Survival

Lingraphicare America, Inc. may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of these Terms or Use, or the intellectual property protections applicable to these Services (Defined Above). Lingraphicare America, Inc. may also seek legal prosecution of any violations of law or these Terms of Use and you agree to personal jurisdiction by the Courts in the State of New Jersey. Upon notice of termination of Services by TALKPATH LIVE to you via contact e-mail to your TALKPATH LIVE account and contact e-mail account provided in Customer’s personal information, or voluntary termination of service by Customer, Lingraphicare America, Inc. has the right to delete all data, files, or other information that is stored in the Customer’s account for any reason. The Indemnification, Copyright, Jurisdiction, Warranty, Network Security, Compliance with Anti-Spamming Laws and Privacy terms and conditions stated herein shall survive termination of this Agreement.

 

Fees and Applicable Charges

You agree that you are solely responsible for all administrative fees, subscription fees and consultation fees for Services, pursuant to the schedule of subscriptions and fees set forth on the Site. If your employer or agency has arranged with Lingraphicare America, Inc. to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Lingraphicare America, Inc., that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your health plan to determine if any Services are covered. As further consideration for the Services, you agree to provide certain current, complete and accurate information about them, including valid credit card information, as required by the sign-up for Services and maintain and update this information as needed, to keep it current, complete and accurate. By completing and submitting the sign-up form, you represents that the statements in their application are true and accurate. You agree that any unpaid balance due hereunder shall bear interest at the rate of 18% per annum, and that costs of collection, including Court costs and reasonable attorney fees shall be added as principal amounts to such balance. Lingraphicare America, Inc. reserves the right to modify its’ pricing structure at any time and implement the new price structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand that Services may not be provided or scheduled consultations cancelled if your credit card information is inaccurate or invalid. Lingraphicare America, Inc. may charge a fee if you fail to attend or cancel an appointment in accordance with any stated cancellation policy.

 

Cancellation Policy

We understand that there are times when you must miss a session due to emergencies or obligations for work or family. However, when you do not call to cancel a session, you may be preventing another patient from getting much needed treatment. Conversely, the situation may arise where another patient fails to cancel and we are unable to schedule you for a session, due to a seemingly “full” appointment book.

 

TalkPath Live reserves the right to charge you 50 percent (50%) of the fee for your scheduled session if it is not cancelled with at least 24 hours notice.

 

Force Majeure

Notwithstanding anything herein to the contrary, Lingraphicare America, Inc. shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, or any other cause beyond its control.

 

No Third Party Rights

Unless expressly stated in these Terms of Use or in the Privacy Policy to the contrary, nothing herein or in the Privacy Policy is intended to confer any rights or remedies under these Terms of Use or the Privacy Policy on any other persons other than you, Lingraphicare America, Inc. and its Affiliates. Nothing in these Terms of Use and the Privacy Policy is intended to relieve or discharge the obligation or liability of any third persons to any of you, Lingraphicare America, Inc. or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, Lingraphicare America, Inc. or its Affiliates.

 

Assignment

You may not assign, transfer or delegate these Terms of Use or the Privacy Policy or any part of them without Lingraphicare America, Inc.’s prior written consent. Lingraphicare America, Inc. may freely transfer, assign or delegate all or any part of these Terms of Use and the Privacy Policy, and any rights and duties hereunder or thereunder. These Terms of Use and Privacy Policy will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

 

Privacy

By accepting these Terms of Use, you acknowledge that you understand, have read, and agree to the provisions outlined in the Privacy Policy, which is incorporated herein and made part of these Terms of Use by reference .

Privacy Notice Effective: March 2014

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

In the course of providing services or products to you, it is necessary for us to obtain personal medical or other relevant information about you. Government regulations define how this information may be used or disclosed to others. Lingraphica is required by law to maintain the privacy of protected health information and to provide individuals with notice of its legal duties and privacy practices with respect to protected health information. This notice describes how information which you provide may be used. We are required to abide by the terms of this notice. Lingraphica reserves the right to change the terms of its notice and to make the new notice provisions effective for all protected health information that we maintain, regardless of when it was created or received. If there is a change in the way that your information will be used, we are responsible to notify you of the change. Such notification may be made by mail, electronic communication, or other form of communication directed to you. We will also post the current notice on our website.

  1. Lingraphica must provide to you notice of our privacy practices to use or disclose medical information as described below. You will be asked to sign and date an acknowledgement of this notice. You may request restrictions on how your medical information will be used or disclosed. Lingraphica may or may not agree with your requested restriction. But if we agree to your requested restriction, we must honor your request.
  2. Upon providing Privacy Notice, Lingraphica is permitted to use and disclose your health information as summarized below:
  • Your information may be disclosed to you.
  • Your information may be disclosed to your personal representative or to your parent or guardian if you are a minor.
  • Your information may be used or disclosed for the purposes of providing medical treatment, receivingpayment for services provided and for administration of healthcare operations related to your care. Examples of such disclosures for treatment purposes include use of your health information by primary and consulting physicians, X-ray or other diagnostic lab tests, and nursing care.

Examples of disclosure for healthcare operations may include disclosure to a pharmacy for prescriptions.

Examples of disclosure for payment may include patient billing and insurance claim processing.

  • Information may be used or disclosed pursuant to an agreement with you in compliance with any current or prior written authorization.
  • Your information may be used or disclosed without your consent if consent is not required. Examples of such instances include emergency treatment, or instances when we are required by law to provide treatment, or in

situations where there is an inability to communicate, or where there is an indirect treatment relationship, or if information is created for the treatment of an inmate of a correction facility.

  • Information may be used or disclosed for non-medical purposes pursuant to and in compliance with your written privacy authorization.
  • Information may be used or disclosed in the reporting of a crime.
  1. Lingraphica is required to disclose protected health information as summarized below:
  • To you upon your request.
  • To the Secretary of Health and Human Services when required to investigate compliance with government regulations
  • When required by law or legal process
  1. When using or disclosing your medical information to others, we will try to de-identify personal information when possible, and we will make a reasonable effort to limit disclosure to the minimum degree necessary for the purpose of the disclosure.
  2. We are required by law to notify you in the case of a breach of your unsecured (not encrypted or masked by some technology) protected health information when it has been or is reasonably believed to have been accessed, acquired, or disclosed as a result of a breach.
  3. Lingraphica must obtain your written authorization to use or disclose medical information for any other use or disclosure not set forth in this notice. Written authorization is a separate form which you must sign and date.

The authorization must identify the person or entity making the disclosure, identify the person or entity receiving the disclosure, describe the purpose for the disclosure, the nature of the information being disclosed, and the expiration date of the disclosure. You have the right to refuse to sign the authorization and you have the right to revoke an authorization. You may request to inspect or to copy the information being disclosed, and you may request to receive a copy of the authorization. You must recognize that any information provided to others through the authorization may not be subject to privacy protections. When your authorization is provided, we must use or disclose your information in a manner that complies with your authorization. We may not condition the provision of treatment, products or services on your authorization. Upon receiving your authorization, Lingraphica is permitted to use and disclose your health information as summarized below:

  • Your authorization is required for any use or disclosure of psychotherapy notes.
  • Your authorization is required for any non-medical use or disclosure of your health information or for reasons not related to carrying out treatment, payment or healthcare operations. An example of such disclosure is for marketing purposes.

III. Lingraphica may use or disclose certain information without consent or authorization provided that you are informed in advance and given an opportunity to agree or object to such use or disclosure of health information in the circumstances described below:

  • We may use or disclose your information in emergency circumstances if we believe it is in the best interest for your treatment or care, and such disclosure is consistent with any prior expressed preference.
  • We may disclose information to your family members involved in your care.
  • We may disclose information to your next of kin.
  • In providing treatment or services to you when you are present and have the capacity to make a sound decision, we may request your consent or provide an opportunity to object to certain use or disclosure of information, or if we reasonably infer from the circumstances that you do not object to the disclosure.
  • In providing treatment or services to you when you are not present or do not have the capacity to make a sound decision, we may make a decision to use or disclose information which we feel is in your best interest to an authorized public or private entity.
  • In providing treatment or services to you when you are not present or do not have the capacity to make a sound decision, we may make a decision to use or disclose information to an authorized public or private entity when such disclosure is necessary for disaster relief.
  1. Lingraphica may use or disclose certain information without consent or authorization or opportunity to agree or object, as described below:
  • We may use or disclose information as required by law.
  • We may use or disclose information as required for public health purposes including disclosure subject to the following requirements:

– report of child abuse

– jurisdiction of Food and Drug Administration

– exposure to communicable disease

– to employer for a job-related accident report or exam, if Lingraphica has been requested by the employer to provide you with healthcare.

– information about victims of abuse neglect or violence

– such disclosures are made to the extent required by law, but you will be notified of such disclosures.

  • We may disclose information for health agency oversight purposes such as accrediting, auditing or inspections.
  • We may disclose information in the course of judicial or administrative proceedings in response to a court order or subpoena or other lawful process.
  • We may disclose information to law enforcement officials for law enforcement purposes or for reporting a victim of crime.
  • We may use or disclose information when necessary to avert a serious threat to health or safety.
  • We may use or disclose information on military personnel to the respective military command structure or in cases of national security.
  1. Lingraphica may use or disclose your health information which is unique to our organization.
  2. If we engage in any of the activities checked below, we may use or disclose your health information in the manner described:
  • We may contact you to provide appointment reminders or information about treatment alternatives or other health-related benefits and services.
  • We may contact you to raise funds on behalf of our organization.
  • We may disclose information to the sponsor of the health plan, or health insurance issuer or HMO.
  1. You have the following individual rights with respect to privacy of protected health information.

You have the right to:

  • request restrictions on certain uses and disclosures of protected health information, but Lingraphica is not required to agree to a requested restriction
  • grant and revoke authorization for certain non-medical uses and disclosures of protected health information
  • receive confidential communications of protected health information
  • inspect and copy protected health information
  • amend protected health information
  • get a list of those with whom we’ve shared your information six years back
  • receive a paper copy of this Privacy Notice, even if you have already agreed to receive this notice

electronically

  • file a complaint with us or the Secretary of the U.S. Department of Health and Human Services if you believe that your privacy rights were violated.
  1. Complaints

In the event that you have a complaint about our handling of your private information, you may contact our Privacy Officer at 609-275-7336 (direct and confidential telephone line). You may also contact the government: Secretary of the U.S. Department of Health and Human Services, 200 Independence Ave., Washington, D.C. 20201. You will not be retaliated against in any way as a result of filing a complaint.

Governing Law, Jurisdiction, and Venue

These Terms of Use and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any choice of law rules or principles. Any civil action or legal proceeding arising out of or relating to these Terms of Use or Privacy Policy shall be brought in the applicable Federal or State court located in Mercer County, New Jersey. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Any cause of action or claim you may have with respect to TALKPATH LIVE must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the TALKPATH LIVE Services or web site.

 

Enforcement Costs

If any civil action or other legal proceeding is brought for the enforcement of any of these Terms of Use or the Privacy Policy or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms of Use or the Privacy Policy, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys’ fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).

 

Waiver of Jury Trial

THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OF USE OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT WITH RESPECT TO ANY COMPULSORY COUNTERCLAIM (I.E., A CLAIM BY A PARTY HERETO AGAINST ANOTHER PARTY WHICH, IF NOT BROUGHT IN SUCH ACTION, WOULD RESULT IN THE FIRST PARTY BEING FOREVER BARRED FROM BRINGING SUCH CLAIM), A PARTY HERETO SHALL HAVE THE RIGHT TO RAISE SUCH COMPULSORY COUNTERCLAIM IN ANY SUCH LITIGATION, SUIT OR PROCEEDING, WHETHER OR NOT IT IS BEING TRIED BY A JURY.

 

Waiver

Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

 

Severability

The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

Spam and Compliance with Anti-Spamming Laws

 

Lingraphicare America, Inc. has a strict zero tolerance for unsolicited bulk email, unsolicited posting to news groups or other illegal activities. You shall not use or permit any your employees, agents or affiliates to: market, promote or solicit TALKPATH LIVE products in ways that violate the federal CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing) or any other laws of the United States. You shall not, infringe the rights of others, shall not distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; infringe copyrights, trademarks, or other intellectual property rights. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Worldwide Web. You agrees to indemnify and hold TALKPATH LIVE and its Affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Lingraphicare America, Inc. and its Affiliates harmless against and from losses, damages, costs, and reasonable attorneys’ fees, if any, incurred in defending and/or resolving any suits brought against Lingraphicare America, Inc. or any of its Affiliates, by anyone arising out of an alleged violation of any anti-spamming rules, regulations, laws, statutes, and the like. Your account will be terminated for any of the above infractions.

 

Notice

Lingraphicare America, Inc. may provide notice by e-mail to the e-mail address you provided during the registration, by a general notice on the TALKPATH LIVE Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the TALKPATH LIVE account information. You may give notice to Lingraphicare America, Inc. at any time via electronic mail to info@lingraphica.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to Lingrahicare America, Inc., 103 Carnegie Center, Suite 104, Princeton, NJ 08540, Attn: Customer Service.

 

Entire Agreement

These Terms of Use, together with any TALKPATH LIVE rules or policies referred to herein, represents the entire agreement between you and Lingraphicare America, Inc. concerning the subject matter hereof, and supersede all prior understandings, whether written or oral, concerning such subject matter. Lingraphicare America, Inc. may modify this Terms of Use as set forth above.

 

Comments, Suggestions and Submissions

Lingraphicare America, Inc. welcomes comments, suggestions and submissions by its Customers. Any comments, suggestions and submissions made by Customers, including but not limited to, messages, notes, feedback, artwork, communications, computer code or creative materials provided to Lingraphicare America, Inc. shall become the exclusive property of Lingraphicare America, Inc. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to Lingraphicare America, Inc. of all rights whatsoever (copyright, patentability, and intellectual property). Lingraphicare America, Inc. shall have the right to use said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to Customer. This section shall not include any personal information submitted by Customer that would be included as part of the Health Information Portability and Accountability Act of 1996. Please submit comments and suggestions to Customer Service at the address or email provided in the Notice Section above.