Terms of Use

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Last modified: June, 2020

Levitate Mental Health ( “we,” or “us”) owns and operates the website www.levitatementalhealth.com . We facilitate access to online clinical telehealth services and secure messaging from licensed healthcare professionals (the “Providers” or “clinicians”) to patients through the Site (the “Services”). By accessing and using our Site, you are agreeing to these legally binding these Terms of Use, including the mandatory arbitration provision and class action waiver discussed below. If you do not agree to be bound by these terms, you may not access or use the Site or the Services.

Healthcare Services

Levitate offers an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.

Levitate does not provide medical advice or care. The Providers are independent of Levitate and merely use the Site as a way to communicate with you. The Providers, and not Levitate, are responsible for the quality and appropriateness of the care they render to you. Any information or advice received from a Provider comes from them alone. Neither Levitate nor any third party who promotes the Site or Service or provides you with a link to the Service, shall be liable for any professional advice you obtained from a Provider via the Services, nor for any information obtained on the Site. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all associated risks.

The content of the Site and 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 Levitate. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Levitate, or in connection with any communications supported by Levitate, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Levitate facilitates your selection of, and communications with, Providers, the doctor-patient relationship is between you and the Provider.

Not for Emergencies

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. 

Levitate’s Site and Services are not for medical emergencies or urgent situations, and must not be used for such. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 911 immediately.

Risks of Telehealth Services

By using the Services, you acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information.

Not an Insurance Product

Levitate’s Services are not insurance products, and the amounts you pay to Levitate are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

Availability of Services

Levitate operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/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 Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.

Privacy Practices

Levitate’s site privacy policy explains how we treat your information and protect your privacy. By accessing or using Site or Services, you agree that information provided by you in connection with the Services and Site will be governed by the Privacy Policy.

User Accounts; Security and Restrictions

You agree to fully, accurately, and truthfully create your Levitate Account (“Account”), including but not limited to your legal name, mailing address, phone number, email address, and password.

Your Account and password is personal to you, and you are responsible for maintaining the confidentiality of your Account password, and for all activities that occur under your Account. You may not transfer or share your Account password, and agree to prohibit anyone else from using your Levitate Account. Levitate reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account, including the right to revoke your access to the Site with or without cause. Under no circumstances shall Levitate be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site or your release of your Account or Account password to a third party.

Users Under 18 Years Old

If you are under 18 years of age, we must obtain valid and verifiable consent by your parent or legal guardian to this Privacy Policy and our Terms of Use before you can use Websites, Apps, and Services. Such consent will be obtained via reasonable methods, as determined by us in our sole discretion. If we determine that the consent obtained is inadequate, we will notify you and you may not use or access the Websites, Apps, or Services at any time or in any manner. However, if you are a parent, legal guardian or personal representative of a minor child under 18 years of age, you may, in compliance with the Terms of Use use our Services on behalf of such minor child. Any information you provide us on behalf of your minor child will be treated in accordance with this Privacy Policy. We do not knowingly collect information for individuals under the age of 18 for whom we have not obtained adequate consent pursuant to the above. If we learn that we have received any information for an individual under the age of 18 for whom we have not obtained adequate consent pursuant to the above, we will only use that information to respond directly to that child (or a parent, legal guardian or personal representative) to inform him or her that he or she cannot use our Service, and subsequently we will delete that information from our own servers. If you believe we have collected personal information from someone under the age of 18, please contact us at support@levitatementalhealth.com.

Access Rights and Restrictions

Subject to these Terms of Use and the payment of all applicable fees, Levitate grants you a limited, revocable, non-transferable, non-exclusive license to use access Site and Services solely for your personal and non-commercial use.  All rights not expressly granted to you in these Terms of Use are reserved and retained by Levitate or its licensors, suppliers, publishers, rights holders, or other content providers.

You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) impersonate or misrepresent your identity or falsely state or misrepresent your current location, medical history, information about your medical condition, or your affiliation with a person or entity; (iii) promote, encourage, or engage in defamatory, abusive, libelous, obscene, threatening, or otherwise objectionable behavior; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (iv) use robots or scripts with the Site; (v) distribute viruses or other harmful computer code through the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) harvest or collect PHI about any other individual who uses the Site or the Services; (ix) 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; or (x) otherwise use the Services or Site in any manner that exceeds the scope of use granted above.

Levitate reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Violations of system or network security may result in civil or criminal liability. Levitate will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

Consent to Receive Calls and Text Messages

By providing your phone number, you are agreeing to be contacted by or on behalf of Levitate at the number you have provided, including calls and text messages, to receive informational, Services related (e.g., progress tracking, prescription fulfillment, appointment reminders, etc.) and marketing communications relating to the Site and Services. Message and data rates may apply. You can opt-out of receiving further calls and/or texts from us by unclicking the text opt-out button in your Settings preferences in the Application. Please note that by withdrawing your consent you may not receive important and helpful information and reminders about your progress and treatment.

Online Payments; Caps on Visits; Refunds

Levitate uses Square, Inc. to process payments through Site. Payment processing services are provided by Square and are subject to the Square Terms of Service and Square Privacy Policy (collectively, the “Square Services Agreement”). By agreeing to these terms or continuing to use the Site, you agree to be bound by the Square Services Agreement, and agree that these agreements may be modified by Square from time to time. As a condition of Levitate making payment processing services available to you through Square, you agree to provide Levitate accurate and complete information about you and your payment information, and you authorize Levitate to share such information with Square for the purpose of enabling payment processing on your behalf, and to receive from Square transaction information related to your use of the payment processing services provided by Square as necessary to process payments by you through the Site.

Levitate will issue a subscription refund to you if you purchased a subscription but could not receive care due to age or location restrictions.

Intellectual Property

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are the property of Levitate, or its licensors or suppliers, as applicable, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, create derivative works of, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Levitate trademarks, service marks, and logos are strictly prohibited without the prior written permission of Levitate.

Links to Other Sites

Levitate makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Levitate site, please understand that it is independent from Levitate, and that Levitate has no control over the content on that website. In addition, a link to a non-Levitate website does not mean that Levitate endorses or accepts any responsibility for the content, or the use, of the linked site. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites.

Disclaimer of Warranties

Levitate DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. LEVITATE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. LEVITATE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY LEVITATE ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY LEVITATE OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. LEVITATE 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 SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. LEVITATE DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, 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 PRODUCTS.

Limitation of Liability Regarding Use of Site

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

LEVITATE SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE PROVIDERS. LEVITATE AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, 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 SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF LEVITATE TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $100 (ONE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

Indemnification

You agree to defend, indemnify, and hold harmless Levitate, and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Levitate, or any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

Dispute Resolution; Binding Arbitration

We will try to work in good faith to resolve any issue you have with Site, including Services purchased through the Site, if you bring that issue to our attention by emailing support@levitatementalhealth.com. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

YOU AND LEVITATE AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR YOUR USE OF THE SITE, INCLUDING SERVICES PURCHASED THROUGH THE SITE, WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS OF USE. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Levitate are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Levitate.

If you desire to bring a claim against Levitate through arbitration, you must first send to Levitate, by certified mail, a written notice of your claim ("Notice"). The Notice to Levitate should be addressed to: Levitate Mental Health,. Attn: Legal Dept., 21213-B Hawthorne Blvd #1041 Torrance, CA 90503 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If Levitate and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Levitate may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. If this agreement to arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts.

Application Support

All questions and requests relating to Site support must be directed to Levitate. To submit a support request, please email us at support@levitatementalhealth.com. Levitate will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.

Assignment

You may not assign, transfer, or delegate the Terms of Use or any part thereof without Levitate’s prior written consent. Levitate 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 the heirs, successors, and permitted assignees of the parties.

Right to Modify Terms of Use

Levitate may change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Levitate will give notice to all users by posting a notice regarding the updated Terms of Use on the Site. Continued use of the Site and/or Services following such notice will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use, including such changes. 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 term will be limited or eliminated to the minimum extent necessary so that these Terms of Use otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Levitate and you pertaining to the subject matter hereof.