LinMed Behavioral Health LLC, a Texas Limited Liability Company, owns and operates the website www.linmedbehavioral.com. The website serves as a digital introduction to LinMed Behavioral Health LLC’s practice, providing an overview of the services offered by medical practitioners and their approach.
1. DEFINITIONS
The following capitalized terms, when used in these Terms of Service, shall have the meanings specified below, unless the context requires otherwise:
- “LinMed” shall refer to LinMed Behavioral Health LLC, the Texas Limited Liability Company that owns and operates the Website.
- “Portal” shall refer to the online portal, accessible through the Website, allowing for Users to schedule appointments and engage in communications with Professionals.
- “Professionals” shall refer to licensed medical practitioners and healthcare providers, including but not limited to physicians, psychiatric nurse practitioners, and therapists, offering Services for which appointments may be scheduled through the Portal.
- “Services” shall refer to the virtual telehealth services offered by the Professionals.
- “Terms of Service” shall refer to the latest version of these Terms of Service, and shall include any amendments, modifications and supplements made to such Terms of Service from time to time.
- “Website” shall refer to the website www.linmedbehavioral.com.
- “Users” shall refer to all users of the Website collectively. Any individual user of the Website shall be referred to as a “User”.
2. APPLICATION
LinMed seeks to ensure all Users benefit from a positive experience while using the Website. Accordingly, all Users shall be required to review and agree to these Terms of Service prior to using the Website. These Terms of Service set forth Users’ legal obligations, acknowledgments, and rights with respect to the Website.
3. BINDING AGREEMENT
By visiting and/or using the Website, Users agree to the present Terms of Service, in full. Users agree to be bound by these Terms of Service and all policies provided by LinMed, each of which shall be deemed incorporated into these Terms of Service by reference.
These Terms of Service constitute an enforceable and binding agreement between Users and LinMed. LinMed shall not be bound by any other terms provided by third parties, including terms and conditions of service, sale, or any other nature.
If a User does not agree with these Terms of Service, in full or in part, the User’s sole recourse shall be to not use the Website.
4. ELIGIBILITY
To be eligible to use the Website, each User confirms the following to LinMed:
- The User is at least eighteen (18) years old
- The User is authorized to access and use the Website and is not barred from entering into enforceable agreements
- The User’s access to or usage of the Website does not conflict with any local, state, national, or international laws and regulations, or any agreement to which the User is legally bound.
5. UPDATES TO THESE TERMS OF SERVICE
LinMed reserves the right, in its sole discretion, to modify or replace any of the provisions of these Terms of Service. LinMed may modify, update, amend, or otherwise change these Terms of Service at any time.
The latest version of these Terms of Service shall be published on the Website and shall specify the date of the latest update thereto. Any update to these Terms of Service shall be binding and effective upon its publication on the Website.
LinMed encourages Users to review the Terms of Service periodically for changes to these Terms of Service.
Any continued use of the Website following the publication of the updated Terms of Service shall constitute the User’s acceptance of the updated Terms of Service. These Terms of Service shall apply to the User’s continued usage of the Website as of the effective date of these Terms of Service.
LinMed further reserves the right to limit features and services or restrict access to parts or all of the Website, at any time, without notice or liability.
6. USER OBLIGATIONS
As a condition of use, Users shall not use the Website for any purpose that is prohibited by these Terms of Service. Each User shall be fully responsible for its activity in connection with the Website.
While using the Website, Users hereby agree to not engage, or attempt to engage, in any of the following prohibited behavior:
- Using the Website to violate or infringe any applicable law, regulation, or policy
- Damaging, overburdening, or impairing the Website
- Using the Website for any unlawful or illegal purpose or in a way that is fraudulent, malicious, or discriminatory, or encouraging others to use the Website for such purposes
- Transmitting a virus, harmful components, or scripts on or via the Website
- Using, transmitting, reproducing, or otherwise sharing LinMed’s trademarks, logos, or other intellectual property published on the Website without LinMed’s consent
- Accessing the Website through illicit or automated means, such as using a bot or a spider
- Collecting personal information about Users of the Website, without justification and without the required valid and lawful consent
- Hacking, decompiling, disassembling, or reverse engineering the Website or any part thereof
- Damaging, destroying, disabling, or otherwise impairing the Website or any part thereof
- Engaging in behavior that violates the intent of these Terms of Service, or which could give rise to liability, damages, costs, or expenses for LinMed
7. SERVICES
The Services offered by the Professionals consist of telehealth services. The Services shall be provided by the Professionals virtually via LinMed’s secure video conferencing platform. For reference purposes, the Services shall not be provided on the Website.
8. PATIENT PORTAL
The Website shall link to the Portal, which is part of LinMed’s electronic medical record (EMR) system. The Portal is secure and accessible to LinMed’s patients.
Users may register for the Portal by following the instructions specified on the Website. To register to use the Portal, each User shall provide the following personal information: the User’s first and last name and email address.
The User shall be responsible for providing accurate and complete personal information and ensuring such information is updated and current.
Upon the User’s submission of the personal information to LinMed, the personal information shall be assessed, screened, and evaluated by LinMed. Such personal information shall be transmitted to LinMed for verification, which shall consist of verifying if the personal information submitted corresponds to a profile in LinMed’s EMR system. If the personal information provided corresponds to a profile in LinMed’s EMR, an email shall be sent to the User containing instructions to complete the registration for the Portal.
Once a User is duly registered on the Portal, the User shall be able to perform any of the following through the Portal:
- Request and reserve appointments with Professionals
- Request prescription refills
- Exchange and communicate with Professionals
- Pay invoices issued by LinMed
9. PAYMENTS AND CHARGES
For reference purposes, payments for Services are not collected on the Website. LinMed accepts payments provided by insurance companies, Venmo, PayPal, and credit cards. LinMed collaborates with third-party vendors for payment processing and collection purposes. As such, the third-party vendors may process and collect payments from insurance providers. Accordingly, all invoicing and billing shall be handled by LinMed’s third-party vendors.
10. TERMINATION OF ACCESS TO PORTAL
LinMed may cancel or terminate a User’s access to the Portal, in whole or in part and with or without notice, at any time at its sole discretion. LinMed further reserves the right to cancel, suspend or terminate a User’s access to the Portal and/or the Website in the event that: (i) the User failed or neglected to pay the sums due on their due dates without valid justification, or (ii) the User’s usage of the Website breaches or violates these Terms of Service or any applicable law or regulation.
LinMed shall not be liable to a User for the termination or suspension of the User’s access to the Portal and the Website, as applicable. The User shall have no claim or recourse against LinMed for any termination, whether with cause or without. Any termination, suspension, or cancelation of the User’s access to the Portal and the Website shall not relieve the User of the User’s obligation to pay the sums owed to LinMed.
All ongoing provisions in these Terms of Service shall survive the termination, suspension or cancelation of the User’s access to the Portal and the Website, including, without limitation, warranty disclaimers, indemnification and limitations of liability.
11. CONTENT PUBLISHED ON THE WEBSITE
LinMed is the sole owner of all content published on the Website. Users are permitted to use, share, reproduce, copy and transfer data and content from the Website for personal use only.
The content published on the Website is protected by copyright and other proprietary rights and laws. Except as expressly authorized by LinMed, Users shall not modify, copy, sell, lease, loan, distribute or create derivative works based on such content, in whole or in part.
12. PRIVACY
All personal data and information provided on the Website shall be handled according to LinMed’s Privacy Policy. Any submission of personal information shall be governed in accordance with the terms of such Privacy Policy.
13. INTELLECTUAL PROPERTY RIGHTS
The Website may display, feature, or include intellectual property, trademarks and marks. LinMed is the owner of such intellectual property, trademarks and marks. If LinMed is not the sole owner of such intellectual property, trademarks and marks, LinMed confirms having secured all necessary consents to publish such intellectual property.
Users acknowledge that any intellectual property, trademarks and marks published on the Website may be protected by intellectual property laws. All rights relating thereto are reserved.
14. COPYRIGHT INFRINGEMENT
LinMed is committed to ensuring its full compliance with all applicable intellectual property and copyright laws. The present section pertaining to copyrights is incorporated in these Terms of Service for the purpose of preventing intellectual property violations and copyright infringement.
In accordance with the requirements set forth in the Digital Millennium Copyright Act (the “DMCA”), LinMed encourages Users to report any instances of copyright infringement on the Website. All reports of intellectual property or copyright violations shall be submitted to LinMed in written form via the Website or by email.
If a User owns or lawfully possesses rights to a trademark or intellectual property right and the User has reasonable grounds to believe its intellectual property or trademark was published on the Website in violation of the User’s rights, the User’s shall submit a written notice to LinMed’s attention in accordance with the Terms of Service.
If the User is not the owner of the intellectual property or trademark and the User has reasonable grounds to believe there is a violation of a third-party intellectual property right, the User may also send LinMed a written notice specifying the intellectual property right. LinMed encourages the User to submit photos and other evidence to support the User’s claim under the DMCA.
To be valid, any notices regarding potential violations of intellectual property rights must be signed (manually or electronically) and dated by the submitting User. LinMed shall review and analyze all notices received in accordance with the terms of the DMCA. If the notice is founded, LinMed shall delete or remove all violating or infringing intellectual property from the Website.
15. THIRD PARTY LINKS
The Website may provide links to third party websites, applications, resources or sites. The third parties are not under LinMed’ control and LinMed shall not be responsible for any third party’s sites, resources, content or any of the like.
Users acknowledge that LinMed shall not be responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third-party websites, applications, resources or sites. The inclusion of any link to a third-party site on the Website does not imply LinMed’s endorsement or any association with such third party.
16. LIMITED WARRANTIES AND DISCLAIMERS
The Website shall be provided “as is” and “as available”, without any guarantees, including those which are express, statutory or implied, such as implied merchantability and fitness for a particular purpose, warranties of title, warranties of non-infringement, and any warranties implied by the course of performance or usage of trade. All such warranties are expressly disclaimed.
LinMed, its directors, employees, agents, suppliers, and partners do not warrant that:
- The Website shall be secure and available at any particular time or location;
- Any defects or errors with respect to the Website shall be immediately corrected;
- Any content or services available through the Website shall be free of harmful components; or
- The usage the Website shall meet Users’ expectations or requirements.
17. LIMITATIONS OF LIABILITY
Users acknowledge that technical issues may occur while using the Website. These issues can delay, suspend, or prevent access to the Website. While LinMed established appropriate measures for the continuity of the Website, LinMed is unable to guarantee that Users’ usage of the Website shall be error-free and uninterrupted at all times.
To the fullest extent permitted by law, LinMed, its directors, employees, agents, suppliers and partners, shall not be liable for:
- Lost profits, data loss, use or inability to use the Website,
- Unauthorized access to or alteration of data, statements or conduct of any third party on the Website,
- Any special, indirect, incidental, punitive, compensatory or consequential damages, even if LinMed has been advised of the possibility of such damages,
- Any issues whether they are software issues, viruses, or the like (regardless of the source) related to the Website, the services offered on the Website or these Terms of Service.
18. INDEMNIFICATION
Each User shall indemnify and hold LinMed harmless in the context of LinMed’s involvement with the User, from and against any and all losses, claims, actions, liabilities, or other damages with respect to and/or defending any action, suit, proceedings, or claim that is made to which LinMed is subject or otherwise involved in any capacity, caused by, resulting from, arising out of or based upon the User’s breach or violation of these Terms of Service, and any conduct by the User which gives rise to liability.
19. ENTIRE AGREEMENT
These Terms of Service, together with any policy implemented by LinMed, shall constitute the entire agreement between Users and LinMed with respect to the subject matter hereof. These Terms of Service shall supersede all prior or contemporaneous negotiations and agreements between Users and LinMed regarding the subject matter hereof.
20. SEVERABILITY
If any section or provision in these Terms of Service is deemed to be unlawful, illegal, invalid or unenforceable by law or by a court of competent jurisdiction, the section or provision in question shall be deemed null and void and shall be severed from these Terms of Service. The remaining sections and provisions in these Terms of Service shall remain in full force and effect.
21. WAIVERS
In the event that LinMed does not insist on the performance of any obligation set forth in these Terms of Service, this shall not be construed as a waiver of LinMed’s rights, nor shall this relieve the User of performing its obligation(s) under these Terms of Service.
To be valid and binding, any waiver or modification of any provision in these Terms of Service shall be provided in writing and signed by LinMed. The waiver or modification shall not be deemed a waiver or modification of such provision on more than one (1) occasion or of any other provision contained in these Terms of Service.
22. GOVERNING LAW
These Terms of Service and all matters arising out of or relating to these Terms Conditions shall be governed by and construed according to the laws of the State of Texas and any applicable federal laws, without giving effect to any conflict of laws principles that would cause the laws of another jurisdiction to apply.
23. JURISDICTION
In the event of any dispute, breach or claim arising out of these Terms of Service between a User and LinMed, the User agrees that the competent courts in the State of Texas shall have jurisdiction. The User irrevocably consents and submits to the jurisdiction of such courts, acknowledging, however, that LinMed reserves the right to institute proceedings in another jurisdiction if LinMed deems it would be preferable to do so.
24. WRITTEN NOTIFICATIONS
Any notices, claims, inquiries, or support requests Users wish to address to LinMed must be provided in writing, and sent by email or certified mail to LinMed headquarters, which address is indicated hereinbelow:
LinMed Behavioral Health, LLC1910 Pacific Avenue
Suite 2000
Dallas, State of Texas
75201
25. QUESTIONS AND COMMENTS
Any questions, comments, feedback or reported breaches of these Terms of Service should be directed to LinMed in writing via the Website or to the email address specified on the Website.