Terms and Conditions Agreement
Please read this terms and conditions agreement (“Agreement”) carefully. The Agreement govern your access to and use of the services you receive and constitute a binding legal agreement among you as the user, and Clarity Health Solutions. Clarity Health Solutions agrees to make a reasonable effort to maintain an informative, useful, and safe website for the benefit of the general public. We ask that you carefully review these Terms and Conditions, and that you understand and agree with the Terms and Conditions detailed within this document
Clarity Health Solutions is a premier mental health and therapy website. We agree to introduce you to online therapy, counseling and life coaching services through our informational www.elitee-counseling.com and then via our secured platform for therapy www.wecounsel.com. Online Therapy, counseling and life coaching services are not intended as a substitute for medical evaluation, treatment or consultation. We do not guarantee results, although we work hard to provide you with the necessary tools to make improvements.
Please note that you are referred to as “User” in this Agreement. The term “Provider” includes Clarity Health Solutions and its officers, directors, employees, assigns, agents, and successors. The term “mental health professional” is used in this Agreement (Terms and Conditions) and on the Site to refer to a variety of mental health professionals including, but not limited to, psychiatrists, psychologists, marriage and family therapists, licensed clinical social workers, and mental health counselors.
Services and Conditions of Use
Clarity Health Solutions (the “Provider”) agrees to provide a Site with general information, the ability to access mental health professionals and their services in a secured format. All of the services provided are subject to the terms of this Agreement. Provider reserves the right to modify this Agreement at any time by providing notice through the Site. You hereby agree that, at all times that you use the Site, you will abide by the Terms and Conditions set forth herein. To use the Site, User must agree to all of the Terms and Conditions set forth in this Agreement. Read this Agreement carefully. If you do not agree with this Agreement, you are not authorized to access or use the Services for any purpose.
The content offered on the Site should not be relied upon for the diagnosis or treatment of a mental or medical condition. We are willing to collaborate with your medical doctor should we have a release of information on file, although this is under only special conditions. We are not qualified as medical professionals and we may refer you to your doctor if medical issues arise. Do not disregard professional advice or delay in seeking professional advice as a result of something you have read on the Site. Individuals with URGENT MEDICAL PROBLEMS should immediately seek advice and treatment from a physician. You should always talk to your medical professional for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. None of this site represents or warrants that any particular drug or treatment is safe, appropriate, or effective for you.
IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911, NOTIFY THE POLICE OR CONTACT EMERGENCY MEDICAL SERVICES.
User’s reliance on any information provided on the Site is solely at the risk of the User. Clarity Health Solutions does not endorse and does not recommend any information, material, product, quiz, survey, test, procedure or opinion that may be posted or referred to on the Site. Opinions expressed on the Site are solely the opinions of the authors of such material posted or appearing on the Site. Provider does not assume any liability or responsibility for the accuracy of the content of any material provided on the Site. Provider does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or material of any nature provided on the Site. Provider reserves the right, at any time, to modify or to stop providing any component or feature of the Site.
All mental health professionals who are listed as providers on the Site are required to provide proof of licensure or certification and liability insurance to Clarity Health Solutions before being granted the right to use the website and technology to conduct their private practice. This is strictly enforced as a way of protecting you as the user and Clarity Health Solutions as a reputable provider of mental health services.
Payment for Services and Cancellation Policy
User will agree to a fee for services set by the online therapist, counselor and/or life coach. Payment is made through the Clarity Health Solutions website, which will redirect you to XXXX platform or will accept payments via telephone. You agree that you own the credit card you are using, or have the permission of the credit card holder to do so. If you pay for a session in advance but then need to cancel, and do so 24 hours prior to your session, you can either transfer that sum to a future session or you can receive a refund. If you cancel a session in less than 24 hours before the session, you forfeit that sum.
IF you have a health benefits policy that provides mental health coverage, you may be entitled to insurance reimbursement for the services provided. You can discuss this with your insurance company by contacted them directly and checking with your therapist to determine if they accept your insurance. Clarity Health Solutions offers not guarantee that you will receive any such reimbursement. Clarity Health Solutions will provide you with documentation that your insurance company requires upon request. Regardless of insurance reimbursement, payment to Clarity Health Solutions is required in full prior to service.
Should you chose to attempt to receive reimbursement, you will need to provide various pieces of information so we can confirm your eligibility and benefits. You must provide us with personal identification information, billing information, and all health insurance information.
User Rules for the Site
By using the Site, you agree that you will not undertake any of the following actions:
– Use the Site for any purpose which would violate any local, state, federal or international law;
– Engage in any other conduct which, in the opinion of Provider, inhibits or restricts others from using and enjoying the service;
– Impersonate another person;
– Utilize the site as a crisis center, if you are feeling suicidal or homicidal you must go to the nearest emergency and must NOT seek emergency assistance from this site.
With or without warning, Provider, in its sole discretion, may terminate User’s account when these Rules and/or Terms and Conditions are violated. Provider will also make every effort to remove material or postings on the Site that are in violation of the Rules or the Terms and Conditions. Users who violate the above Rules or Terms and Conditions of the Site may receive a warning from Provider stating that User has committed a violation and that further violations may result in the termination of User’s account.
If you use the interactive areas found on the Site, you are solely responsible for your communications and the consequences of posting those communications. Clarity Health Solutions does not assume any liability or responsibility for the content or consequences of such communications. If you feel threatened or believe that you or someone else may be in danger, contact your local law enforcement agency immediately.
Registered User Accounts
You will be required to become a member of www.wecounsel.com as a way of allowing us to provide you with the highest levels of security under HIPAA and HITECH requirements. We can more effectively secure your information by having it in a secure platform. To create an account you must be 18 years old or older. You will be required to select a strong password. It is your responsibility to maintain and protect your password. You must inform this office immediately if you learn that someone has gained access to your account. You are responsible for all interactions, changes or any activities under your username. We highly recommend that you do not use this website while in a public places. We also discourage you from storing your password through your web browser or on other software.
By utilizing this service you are agreeing to provide only accurate, truthful, current and complete information. This including, name, date of birth, address, phone numbers, email addresses, payment information and account numbers. You are solely responsible for updating your information. By using these services you are agreeing that: 1.) the Agreement is acceptable and you are accepting responsibility via electronic means as shown by you creating a Username and Password; 2.) electronic records to store information related to this Agreement or your use of the services. Clarity Health Solutions will not and cannot be liable for any loss or damage arising from your failure to comply with the above agreement and/or requirements.
Your profile created when you are a registered user will be established and maintained for you as a registered user of the Services to enter, store, and access your health information online, and for your therapist to communicate with you about your care. This may include all personal information including, history, current conditions, symptoms, complaints, allergies and medications. All of the information contained in your profile will be maintained under HIPAA and HITECH compliancy as a way to protect your information. You will provide only accurate and updated information and you will periodically review the information to maintain current and accurate records.
Therapists may add electronic progress notes or treatment plans to the account or personal records after your sessions, detailing findings, diagnosis, treatment plan, medications (prescribed by your medical doctor) and recommendations.
We may also include in your profile, information provided by any collaborations of care from the insurance company, family, members or whomever you have provided a release of information for that remains on file on your behalf. You will give written, or periodically verbal consent for these additional interactions with other persons as a way of your therapist gaining additional information from additional sources to offer a more comprehensive therapeutic experience.
****It is the obligation of your therapist and Clarity Health Solutions to use and disclose any information in your profile in accordance with applicable state and federal laws, including, without limitation, obtaining any consents or authorizations that may be required for your information to be shared with third parties. By registering for the services and designating your treatment provider, you agree to disclose the contents of your profile to your designated treatment provider.
Except for counseling sessions which are not recorded, all communications transmitted through the services, including without limitation Clarity Health Solutions secure messaging platform, may be monitored for quality assurance, training, auditing and other purposes. By accepting these terms of service, you consent to any such monitoring. Similarly, all messages transmitted through wecounsel.com secure messaging platform are saved and become part of your Clarity Health Solutions and wecounsel.com profile.
Clarity Health Solutions is not liable for the conduct of other Users or third parties and the risk of injury from the foregoing rests entirely with User.
Provider is not liable for damages of any nature including, without limitation, direct, indirect, incidental, consequential, or special damages arising out of User’s use of the Site or inability to access or use the Site or out of any breach of any warranty.
Clarity Health Solutions Therapists
Your treatment is solely the responsibility of you and your therapist. Under the Services, mental health advice and services are provided exclusively by your therapist. Clarity Health Solutions supports the Therapists by providing them with a license to the intellectual property and provides them with the platform through wecounsel.com in which to offer a secure setting for your treatment. We do verify each Therapist’s credentials to determine if they are in good standing and current.
Interactions with Mental Health Professionals
User also understands that User takes full responsibility for the decision to access a mental health professional through the Site and to continue to interact with the mental health professional, and that the role of Provider is strictly limited to providing access to mental health professionals and their services for User’s consideration.
The therapist and client have a unique relationship and this is an important relationship which is an important determinate in the effectiveness of treatment. No therapist can guarantee results and should a therapist feel that they are unable to assist any client, it is ethical and appropriate for the therapist to assist the patient in finding a therapist who may be specialized in the specific needs of that client. User, of course, can change his or her therapist or counselor at any time and for any reason.
Provider agrees to provide a secure site where confidentiality is protected, by utilizing only the most secured and encrypted information. While these reasonable efforts are made to protect confidentiality, online therapy presents risks to confidentiality that are not typically present in face-to-face therapy. For instance, the possibility that others at the client’s home or other location may have access to records of client/therapist communications cannot be ignored. Clarity Health Solutions utilizes SSL encryption for security and therapist/client communications are not stored in by the Company’s servers. We have selected a reputable platform to provide the most up-to-date security measures.
With respect to exceptions to confidentiality, for instance, therapists are generally required to report suspected child abuse or neglect. Additionally, User’s Therapist will likely be permitted or required to break confidentiality when User is in such mental or emotional condition as to be a danger to himself or herself or to others. User should check with his/her Therapist or counselor as to the specific limitations to confidentiality that exist in their state. The therapist is a mandated reporter for the situations listed above. This indicates that the therapist MUST report any suspicion of mistreatment of vulnerable populations, currently or in the past.
We utilize a secured platform for email messages, but under specific circumstances, insecure email communication containing protected health information may take place between you and Clarity Health Solutions or through wecounsel.com when this platform is utilized. Standard email is not a secure means of communication and there is some risk in utilizing this form of communication. We will only be offering minimal protected health information via this format from your therapist that may include, appointment reminders, treatment referrals, community resources or worksheets. There is some risk that any protected health information contained in email may be disclosed to, or intercepted, printed, or stored by, unauthorized parties. Clarity Health Solutions cannot ensure the security or confidentiality of messages sent by email. We utilize every means possible to protect your information.
Clarity Health Solutions or your therapist may contact you anytime to cancel, schedule or reschedule appointments via phone. By providing your contact information you are agreeing to these Terms of Services, you give your consent to Clarity Health Solutions to leave voice messages or speak with third parties at the phone numbers provided by you. Even during these communications we will respect your protected health information and will not divulge information outside of appointment rescheduling or cancelling. IF you would like to opt out of this communication, please contact our office via email firstname.lastname@example.org.
Services are available to children over the age of 14, but the registered user for all patients under the age of 18 must have a registered user who is the parent or guardian. If you register as a parent or legal guardian you are agreeing to the Terms and Conditions on behalf of the client. In circumstances where there is shared or joint custody, we must have legal documents indicating that the parent who is registering the client has legal rights to seek services for mental health.
Links to Other Sites
The Site contains links to other websites, sometimes called “third party” websites. Provider is not responsible for the content of linked third party sites and does not make any representation, warranty, or endorsement with respect to any content or material or the accuracy of any content or material on such third party websites. Wecounsel.com is a third party that is utilized as a platform for protection of your information and a secured site.
Servicemarks and Trademarks
Clarity Health Solutions and Clarity Health Solutions’s logos are servicemarks of Clarity Health Solutions, which may not be copied at any time.
Provider may give notice to Users by means of a general notice on the Site. User may give notice to Provider by the following means:
Email: email@example.com; or
Fax us at: (561) 295-5155
Or via mail: PO Box 1081
Jupiter, FL 33468-1081
We make every effort to provide the highest quality connection, but technological issues can potentially arise. You are entitled to the time you have paid for. If you have been disconnected and cannot reconnect to the online communication then the session will be completed via telephonic session for the time remaining for your session. The therapist will contact you at the phone number you have provided. If this is a non-working line or your therapist has made reasonable efforts to contact you, but is unable, then you are forfeiting your time. Always provide the most recent contact information to avoid this scenario.
You are required to cancel your appointment within 24 hours via email, phone call, text or the self-scheduling option. If you do not provide 24 hour notice your credit card will be charged for a $40 missed appointment fee.
User agrees to indemnify and hold harmless Provider from any liability, cause of action, claims and expenses, including reasonable attorney’s fees and court costs, related to a violation of this Terms and Conditions Agreement and as a result of any information, material, or content placed on the Site by User
1.) Access to or use of the services, the Site, or the Content;
2.) Your violation of any of the provisions of these Terms of Service;
3.) Any activity related to your account by your r any other person accessing the Site or Services through your account, including, without limitation, negligent or wrongful conduct; or
4.) Your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.
User hereby releases and agrees to hold harmless and indemnify Clarity Health Solutions, its directors, officers, employees, agents, successors, advisers, consultants, and assigns from any and all liability or causes of action and claims of any nature resulting from the acts of mental health professionals accessed through the Site.
This Terms and Conditions Agreement set forth herein shall be construed under and governed by the laws of the State of FLORIDA, and any dispute arising from this Agreement or a breach of this Agreement shall be governed by the laws of the State of Florida.