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TruCircle Terms of Service

Background

TruCircle is is a digital multisided platform connecting mental health providers (“Providers”)  with clients from underserved communities.  The TruCircle platform enables Providers  to provide information about their practices and treatments and for patients in underserved communities and elsewhere to access such providers.  The TruCircle platform allows Clients to obtain access to Providers in in a seamless, frictionless way by addressing the stigma, lack of access, various cost structures and cultural competence. .

TruCircle provides the following Services through its its iOS application for Clients: price, access and insurance information for all services listed by Providers on the TruCircle Site. TruCircle Clients, defined below, may use the site to identify providers, obtain information about fees and costs, securely exchange health information with providers, and make all necessary arrangements to access care. All communications are through the TruCircle secure platform.

Please read these Terms of Service (“Terms”) carefully. These Terms are between Clients and Providers (“Users”) of the TruCircle Site and its Services (“Users” or “you” or “your”) and TruCircle (“TruCircle,” “we” or “our”) and these Terms cover use of this the TruCircle app and its web portal (collectively, the “Site”) and the services and information available on the Site (the “Service”). You accept these Terms by accessing or using the Site or the Service or registering/signing up with TruCircle and you agree to be bound by these Terms and TruCircle’s Privacy Policy. If you do not agree to abide by or be bound by these Terms, then do not access the Site or use the Service.

1. Modification

TruCircle reserves the right to make changes to the Site, Services, Terms and other policies without notice.  Accessing or using the Site shall be acceptance of these Terms. If any condition shall be deemed invalid, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity of the remaining conditions. Continued use of the Service and the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, you may not use or access the Service or the Site.

2. No Medical Advice

TruCircle is an app, web portal and Service and is not a health care provider of any kind. Providers may post information, including any text, graphics, images or other material contained, accessed or entered on the Site and the Site may include links to third party sources of health care information (“Content”), for educational/informational purposes only.  Content on the Site is not a substitute for medical advice, diagnosis or treatment provided by a qualified healthcare professional. Any communication between a Client and a Provider on the Site or through the Service, or to arrange for health care treatment from one or more Providers and does not create nor is it intended to create a physician-patient relationship with TruCircle, as defined by United States federal and state law. Your reliance on any information or Content provided on the Site, whether or not it is provided by a Provider, third party or other healthcare professional, is solely at your own risk. You should always seek the advice of your physician or healthcare professional for any questions you may have about any medical condition.

3. How and When Clients May Use the Site or Service

Clients may use the Service only to search for Providers and to obtain information about and arrange for services with such healthcare providers.  Providers may use the Site to post information about their practices and to host relevant Client information, such as names, contact information and comments.

Except to the extent Client is otherwise directly authorized by TruCircle, Client may use the Service only for personal, non-commercial uses, and may not use the Service to advertise or promote a product, service, procedure, business, healthcare professional, or other person.

If you breach this Terms and use the Service for advertising, promotion, or other commercial or non-personal uses (including any of the prohibited examples above), you acknowledge that you will have caused substantial harm to TruCircle, but that the amount of such harm would be very difficult to determine. As a reasonable estimation of such harm, you agree to pay TruCircle $1,000 for each such prohibited post or submit on or through the Service which shall be charged to the credit card or bank account provided to TruCircle and TruCircle may exclude your access to the Site at any time for any reason or no reason.

Additionally, you may not:

● Use the Site or Service or register as a User of TruCircle if you are under the age of 18 years;

● Use the Service in any way or for any purpose that violates any local, state, federal or any other applicable laws of the United States or any applicable laws of your jurisdiction;

● Use the Service in any way or for any purpose that harms or endangers any person or business including TruCircle or TruCircle affiliates, resellers, distributors, service providers and/or suppliers (collectively, the “TruCircle Parties”), or any customer of a TruCircle Party;

● Use the Service to exploit, solicit or harm minors;

● Post or submit any content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, pornographic, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights, involves or promotes gambling, contains any trade secrets or other confidential information, or otherwise offensive or objectionable;

● Promote, encourage or glorify violence, substance abuse, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;

● Provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations;

● Register for multiple accounts or use the account of another person;

● Impersonate or pretend to be any person other than yourself;

● Use the service to attempt to solicit business or direct website visitors to any non-TruCircle third party for any purposes;

● Apply any data mining, robots, or similar data gathering and extraction methods in connection with the Site;

● Post links to sites or files that contain or are viruses, spyware, malware, or other harmful code or content;

● Attempt to interfere with or disrupt the Site or any person’s ability to use the Site; or

● Use the Site for any purposes for which the Service is not intended.

TruCircle may establish certain specific harmful or additional prohibited uses in community guidelines, a code of conduct or other notice available through the Site. We have, however, no obligation to provide advance notice thereof. You agree to abide by any community guidelines, codes of conduct or other notices we provide. Any use of the Service other than as specifically authorized herein, without the prior written permission of TruCircle, is strictly prohibited.

In addition, TruCircle is not obligated to enforce these Terms against another user, healthcare professional or other third-party on your behalf. If you believe another user, healthcare professional or other third-party has violated these Terms, then please contact TruCircle. TruCircle reserves the right to investigate the matter and take whatever action or no action TruCircle deems appropriate in its sole discretion.

4. Your Registration; Email Consent

In order to use some of the features on the Site, each Client is required to register and provide information about Client to us (“Registration”). It is Client’s responsibility to maintain the confidentiality of Client’s account information, including Registration password. In addition, Client is responsible for all activities that occur in connection with Client’s Registration. Client must tell us right away about anyone using Client’s Registration without consent, or any security breach that relates to the Service or Registration. Client agrees to provide TruCircle accurate, current and complete information as may be prompted in any registration forms on the Service and promptly update any such information to keep it accurate, current and complete. TruCircle reserves the right to refuse the Service to anyone, including terminating Client’s Registration and/or preventing Client from accessing the Service or Client’s Registration, with or without cause, at any time and in its sole discretion. 

By using the Site or Service, Client consents to receive emails from TruCircle, which may include commercial emails provided such emails are in accordance with the preferences on the Site. Please note that as long as you maintain an account, you may not "opt out" of receiving service or account-related emails from TruCircle and such e-mails may be the only form of communication between TruCircle and you. Clients may contact TruCircle at support@mytrucircle.com.

5. Materials You Post or Provide; Communications Monitoring

TruCircle may have access to or receive certain information of or about you that you designate as confidential or that, under the circumstances surrounding disclosure, ought to be treated as confidential by TruCircle (“Confidential Information”). Confidential Information includes information relating to you including medical records and medical information.

By providing Confidential Information you give explicit consent to TruCircle and to Providers to use that information for the purposes of providing you Services.

TruCircle may be a business associate and regardless of status shall make every reasonable effort to comply with the Privacy and Security Rules under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009, and the regulations promulgated thereto. TruCircle complies with these federal laws as well as applicable state laws regarding the privacy and security of protected health information.  For a copy of the TruCircle Notice of Privacy Practices and for any questions or concerns regarding the privacy or security of protected health information on the Site, shall be reported to the TruCircle Privacy Officer immediately at 347.506.8609.

You may also request information directly from a specific healthcare professional by submitting an inquiry through their profile or inquiry form. You understand these requests, including personally identifiable information, are made voluntarily and are subject to the Notice of Privacy Practices. There is no guarantee that a healthcare professional will respond to any request submitted through their profile or inquiry form.

6. Reviews or Content Posted by Others

TruCircle does not have any responsibility, including editorial control, of any content posted by, healthcare professionals or other third party content providers on the Site. The statements or content posted by Providers on the Site are those of the Providers and are not the opinion of TruCircle. TruCircle does not make any representations or warranties about the accuracy or reliability of the content, posted by the Providers on the Site. The Poviders are solely responsible for the content posted by them respectively.

TruCircle does not endorse or recommend any specific Content, procedures, products, opinions, healthcare professionals or any other material or information available on the Site or through the Service. In addition, the healthcare professionals and specialists featured on the Site are not employees or independent contractors of TruCircle.

TruCircle Site is solely for use by adults.  Children under the age of 18 years are not granted User status. 

7. Performance and Usage Information

We may automatically upload performance and usage data for evaluating the Service, the Site and the software associated with the Service and the Site. This data will not personally identify you.

8. Links to Other Websites

The Service may contain links to other websites maintained by third parties (“Third Party Website”) or you may be able to log into the Service through a Third Party Website. Third Party Websites are not under the control of TruCircle and TruCircle does not endorse or assume any responsibility for the content, information or functionality of any Third Party Website. As a result, your access or use of any Third Party Website is at your own risk and TruCircle’ Terms, Notice of Privacy Practices and any other policies do not apply or govern any Third Party Website. You expressly release TruCircle of any and all liability related to the functionality, content or information contained on any Third Party Website. In addition, your dealings with or participation in promotions of third parties founds on the Site or Service, including payment and delivery of goods or services any other terms (such as warranties) are solely between you and the third parties. You agree that TruCircle shall not be responsible for any loss or damage of any kind relating to your dealings with such third parties.

9. We Disclaim All Warranties

We provide the Service “as-is,” “with all faults” and “as available.” TruCircle disclaims all warranties, guarantees or conditions. Without limiting the foregoing, to the extent permitted by law, we exclude and disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. IN ADDITION, IN NO EVENT SHALL TruCircle BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER) IN RELIANCE ON ANY CONTENT OR OTHER INFORMATION ABOUT PROFESSIONALS OR PROCEDURES POSTED ON THE SITE OR AVAILABLE THROUGH THE SERVICE.

10. TruCircle’s Intellectual Property Rights

TruCircle grants you a limited, personal, revocable, nonassignable and nonexclusive license to use the Site and Service. TruCircle owns the text, photographs, videos, , , graphics, design,  computer code,  software and all other elements and components of the Site and Service (“TruCircle Content”), excluding Content posted by Providers and other third parties. TruCircle owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the TruCircle Content and the Service which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, publicly display or create derivative works based on the Service, any of TruCircle’s Content in whole or in part, or TruCircle’s website except as expressly authorized in writing by TruCircle. In addition, TruCircle does not grant any express or implied rights, and all rights in and to TruCircle’s website, the Service and TruCircle’s Content, are retained by TruCircle.

11. Liability Limitation; Your Exclusive Remedy

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL TruCircle BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES EVEN IF TruCircle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS CONTRACT, THE AGGREGATE LIABILITY OF TruCircleTO YOU IN CONNECTION WITH THE SERVICE (INCLUDING ANY THIRD PARTY CONTENT ON THE SERVICE) AND THIS CONTRACT WILL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO TruCircle FOR THE SERVICE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

12. Changes to the Service; Updates; Cancellation of Service

We may change the Service, the Site or delete features at any time and for any reason. We are not obligated to provide maintenance, technical support or updates to you for the Service or Site, but we may provide these in our discretion. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. You may cancel the Service at any time, with or without cause, upon notice to us as specified in the customer support or "contact us" area for the Service. Upon Service cancellation, your right to use the Service stops right away. Once the Service is cancelled or suspended, any data you have stored on the Service may not be retrieved later. In addition, if you stop the Service or terminate your Registration, TruCircle may continue to show some or all of your Reviews.

13. Jurisdiction

TruCircle controls and operates the Site and the Service from the State of New York, United States and TruCircle makes no representation that the Content, Site or Service is appropriate, available or may be downloaded for use outside the United States. You are responsible for complying with all applicable laws. These Terms, the Site and the Service are governed by United States federal law and the laws of the State of New York, excluding any conflicts of law provisions. Accessing, browsing or otherwise using the Service or the Site means you hereby consent to the exclusive jurisdiction of the state and federal courts in New York and you waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York.

14. Indemnification

You agree to indemnify and hold harmless TruCircle from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any content you post or submit to or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Service, and any violation of this contract or of any law or the rights of any third party.

16. Your Notices to Us

You may notify us by e-mail or postal mail. Your notices to us must be addressed to support@mytrucircle.com.

17. Our Notices to You; Consent Regarding Electronic Information

This contract is in electronic form. There may be other information regarding the Service that the law requires us to send you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your ability to use the Service. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for the Service (or subsequently provided when updating your account information), (2) by access to an TruCircle web site that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to an TruCircle web site that will be generally designated in advance for this purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Service, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.

18. Miscellaneous

These Terms constitute the entire agreement between you and TruCircle regarding the use of the Service or the Site, and supersedes any prior agreements between you and TruCircle relating to your use of the Service or Site. The failure of TruCircle to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.