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Terms Of Service

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Last updated 9/2/24

IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 9-1-1 IMMEDIATELY

Carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Empower Treatment, Inc.’s (“Empower Treatment,” “we,” “us,” and “our”) website, located at www.empowertreatment.com (including my.empowertreatment.com and any other URLs within the empowertreatment.com domain) and any and all related software, documentation, and online, mobile-enabled, and/or digital services made available by Empower Treatment (the foregoing, collectively, our “Platform”). Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Platform.

By clicking “Accept” or something similar, or accessing or using (or continuing to use) the Platform, you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use, our Privacy Policy, and the Notice of Privacy Practices provided to you by Empower Treatment. If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to and must cease any access to or use of our Platform and/or the Services.

ARBITRATION NOTICE

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION/JURY TRIAL WAIVER IN SECTION 24 (THE “ARBITRATION AGREEMENT”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.

1. Services Provided

Empower Treatment is a behavioral health agency that provides treatment for mental health and substance abuse disorders. Our services include both in-person and telehealth consultations with licensed clinicians. Empower Treatment offers a range of evidence-based treatments to help individuals manage and recover from mental health challenges and substance use disorders.

Our licensed clinicians, who are experts in behavioral health, deliver clinical services directly through our platform. Empower Treatment is committed to offering a comprehensive treatment approach, including therapy, counseling, and medication management where appropriate. While we do provide treatment, each clinician is responsible for the medical care provided to their patients.

You should contact your assigned clinician directly for any specific questions regarding your treatment or care plan. Services and practices may vary among our providers, ensuring that care is personalized and tailored to each individual’s needs.

2. Not For Emergencies

Our Platform and the Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on our Platform. If you believe you are experiencing an emergency, call 9-1-1 immediately.

You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment.

3. Risk 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 healthcare 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; and 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.

4. Privacy Practices

You agree that information provided by you in connection with the Platform and the Services shall be governed by the Privacy Policy, which is hereby incorporated and made part of these Terms of Use. You also agree that information provided by you in connection with the Services shall also be governed by the applicable Notice of Privacy Practices.

5. Prescription Policy

Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product through the Platform unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.

If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Services.

You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. We fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice.

6. Not an Insurance Product

We are not an insurer, nor do we offer an insurance plan or product. The amounts you pay to us for any Services obtained through the Platform are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.

7. Ownership of the Platform; Feedback

The Platform contains confidential and proprietary information, materials, data, databases, contents, processes, methodologies, know-how, software, text, displays, images, video, audio, trademarks, logos, service marks, features, and functionality, and the design, selection, and arrangement thereof, which are owned by Empower Treatment, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret, and other intellectual property or proprietary rights laws (collectively, the “Empower Content”). Except as may be explicitly provided herein, nothing in these Terms of Use will be deemed to create a license to any Empower Content, and you may not access, sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, or create derivative works of any Empower Content. Use of any Empower Content for any purpose not expressly permitted by these Terms of Use is strictly prohibited.

You may choose to, or we may invite you to submit, comments, feedback, or ideas about the Platform, including without limitation about how to improve the Platform or our other products and services (collectively, “Feedback”). By submitting any Feedback, you agree that (a) your disclosure is gratuitous, unsolicited, and without restriction and will not place Empower Treatment under any fiduciary or other obligation, and that we will own such Feedback and are free to use and/or to disclose such Feedback without any additional compensation to you. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

8. Availability of Services

Empower Treatment operates subject to state and federal regulations, and the Platform may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Platform under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Platform is limited exclusively to users located in states within the United States where the Platform is available. Services are not available to users located outside the United States. Accessing the Platform from jurisdictions where content is illegal, or where we do not offer the Platform, is prohibited.

18. Electronic Communications – Opt-In and Opt-Out for Text Campaigns

By providing your mobile number, you are agreeing to be contacted by or on behalf of Empower Treatment at the mobile number you have provided, including calls and SMS text messages, to receive informational, service-related (e.g., reminders, alerts, etc.) messages and communications relating to the Platform. Message and data rates may apply.

Opt-In for Text Campaigns: You may opt-in to receive promotional text messages from Empower Treatment regarding new services, promotions, or other related information. To opt-in, you will be prompted to confirm your subscription by replying “YES” or a similar affirmative response.

Opt-Out of Text Campaigns: If you no longer wish to receive text messages from Empower Treatment, you may opt-out at any time by replying "STOP" to any of the text messages you receive. We may confirm your opt-out by sending a confirmation message. Please note that opting out of text messages may limit your access to certain services and features provided through the Platform.

Data Sharing and Privacy Compliance: Empower Treatment is committed to safeguarding your privacy. Mobile information collected through text message campaigns will not be shared with third parties or affiliates for marketing purposes. However, it may be shared with subcontractors for customer service purposes to enhance and improve the delivery of our services. Additionally, text messaging originator opt-in data and consent will not be shared with any third parties.

It is important to note that third-party lead generation, which involves the collection or generation of potential customer information and sharing it with other businesses or affiliates, is not a supported use case within our platform. Personal customer information will not be shared outside of Empower Treatment with partners, affiliates, third parties, or any other businesses unless explicitly consented to by the user.

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