Welcome to Prem Health, Inc. and Prem Medical, PCs (collectively “we,” “us,” “our,” or “Prem”) website, located at (the “Site”). Please read these Terms of Use (the “Terms”) carefully, as they govern your use of our Site and our Services.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR PRIMARY CARE PROVIDER OR DIAL 911. BRIGHTSIDE’S SERVICES ARE NOT APPROPRIATE FOR EMERGENCY MEDICAL CONCERNS.
Description of Services. The Site provides a platform for adults to learn about depression, understand treatment options, and connect with a Healthcare Provider for treatment, if desired (the “Services”). The Services may include such features as:
Nature of Services. The specific features of the Services offered by Brightside may change from time to time, and Brightside, at its sole discretion, may choose to discontinue some or all of the Services. If Service changes are made, Brightside will make all reasonable efforts to ensure you receive notice of these changes in a timely fashion.
Healthcare Treatment. Services offered by Healthcare Providers, including mental health diagnoses, medical advice, and therapy and psychiatry (including the prescription of medication) for treating depression, anxiety, and/or other behavioral health issues are available in all 50 states and Washington D.C.
policy, which shall consist of: (1) your voluntary authorization to the rendering of treatment by Healthcare Providers as deemed necessary in their professional judgment; (2) your acknowledgement that no guarantees have been made as to the effect of such treatment; (3) your understanding that you have the right to refuse any treatment and discuss any treatments with healthcare providers; and (4) your understanding that you are responsible for the payment of the Services provided to you.
You understand that Brightside provides a platform and mechanism for you to connect with Healthcare Providers, and that the Services you receive from your Healthcare Provider will ultimately be made at the professional discretion of the provider. If you believe that your Healthcare Provider in any way fails to meet professional standards, you may file a complaint against the Healthcare Provider to Brightside’s administrative clinical team. Details of your complaint should be communicated to Member Services via the patient portal, or emailed to support@brightside.com You cannot be discriminated against for submitting a complaint in good faith about the treatment you’ve been provided.
Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.
Privacy. Please refer to our Privacy Policy, which details your consumer privacy rights, and our, which details your healthcare privacy rights. These policies will provide information about how we may collect, use and disclose your information. By using the Services, you acknowledge and consent that your personal information is subject to the terms of our Privacy Policy.
Changes to Terms. We may update the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site, or by reaching out to you directly. It’s important that you review the Terms whenever you use the Services, and periodically thereafter to see if they have been updated. If you continue to use the Services after we have posted updated Terms, you’re agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time, we may change, add to or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?
Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing support@brightside.com . In doing so, you grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, and/or create derivative works based upon and otherwise exploit the Feedback for any purpose.
Payment. Brightside requires payment of a fee for certain portions of the Services. You may purchase a subscription (“Subscription”) for such use. The Terms describing these Subscription services are always applicable to patients not using health insurance to pay for Services, and sometimes applicable to those who are using health insurance to pay, at least in part, for the Services. IF YOU DECIDE TO USE HEALTH INSURANCE TO PAY FOR YOUR SERVICES AND HAVE QUESTIONS ABOUT YOUR FINANCIAL OBLIGATIONS, YOU SHOULD CONTACT YOUR INSURANCE PROVIDER DIRECTLY.
Use of Services. We invite you to use the Services for personal and non-commercial purposes. When you accept these Terms, we grant you a limited, personal, non-exclusive, non-transferable, fully revocable license to access and use the Services as permitted under these Terms and any other agreements you may have entered into with us. You have no other rights in or to the Services or any materials or content available therein (the “Content”), and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Content in any manner. If you breach any of these Terms, your Services and/or Subscription may be terminated at our sole discretion.
Prohibited Uses. You agree not to use the Services for commercial or public purposes or to: a) violate any local, state, national or international law; b) stalk, harass or harm another individual; c) collect or store personal data about other users or persons; d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; f) attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means; and/or g) impersonate any person or entity or otherwise misrepresent your affiliation with another person or entity.
Intellectual Property. You hereby expressly acknowledge that Brightside or its licensors own all legal right, title and interest to the Site and Services. Brightside reserves all rights not expressly granted in and to the Service. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.
Third-Party Sites. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources, or links displayed on such websites. You acknowledge sole responsibility for and assume all risks arising from your use of any third-party websites or resources.
Termination. You may terminate your Subscription, for any or no reason, at any time, upon notice to Brightside, by following the cancellation steps set forth in Section 9(c) of this Agreement. Brightside may terminate, modify, restrict, or suspend your use of the Services, your Account, and/or your registration without notice for any reason at any time. You understand that termination of your Account and/or agreement with Brightside will not entitle you to any refund and may involve deletion of your information and any content you uploaded using such Account.
Warranty Disclaimers. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services provided will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Clinical Disclaimer. BRIGHTSIDE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, HEALTHCARE PROVIDERS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH SERVICES, and does not represent that Services provided on the Site are always an appropriate substitute for in-person medical services. Furthermore, Services are never appropriate for emergency situations.
Indemnity. You will indemnify and hold harmless Brightside and its officers, directors, employees, clinicians and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (i) your access to or use of the Services or Content, or (ii) your violation of these Terms.
Limitation of Liability. Brightside and its officers, employees, directors, clinicians, subsidiaries, affiliates, agents, and licensors are neither responsible nor liable for any indirect, incidental, special, consequential, exemplary, punitive, or other damages whatsoever (including, but not limited to, damages for lost profits, goodwill, use, data, or other intangible losses) arising out of or related to your use of the Site, including any content or information contained therein, or Services related thereto, whether based on contract, tort, warranty, statute, or otherwise. Your sole remedy in the event of any problem with the Site is to stop using the Site and the Services.
To the maximum extent permitted by applicable law, the maximum liability of Brightside to you with respect to your use of the Services is the greater of $100 USD or the amount of fees you have paid for access to and use of the Site or Services in the five-month period immediately preceding the event, or events, giving rise to your claim.
Applicable Law. The validity, interpretation, construction, and performance of these Terms and any claim, cause of action or dispute arising out of, or related to, these Terms, and dispute resolution, shall be governed by the laws of the State of California without giving effect to the principles of conflict of laws. Except for disputes subject to arbitration as described below, any disputes relating to these Terms or the Services, regardless of jurisdiction, will be heard in the courts located in San Francisco County, California.
Dispute Resolution. YOU AND BRIGHTSIDE AGREE THAT ALL CLAIMS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA, AS ADMINISTERED BY JAMS UNDER THE APPLICABLE RULES THEN IN EFFECT, EXCEPT AS OTHERWISE AGREED TO BY THE PARTIES OR AS DESCRIBED BELOW. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT WILL NOT APPLY TO DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AND BRIGHTSIDE AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA, FOR THE PURPOSE OF LITIGATING ANY REFUSAL TO ARBITRATE. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT BRIGHTSIDE SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SERVICE, EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE SERVICES OR ANY CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE SERVICES.
FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN $10,000, THE PARTY REQUESTING RELIEF MAY ELECT TO RESOLVE THE DISPUTE IN A COST-EFFECTIVE MANNER THROUGH BINDING NON-APPEARANCE BASED ARBITRATION, IN WHICH CASE BRIGHTSIDE AND YOU MUST COMPLY WITH THE FOLLOWING RULES:
YOU AGREE THAT YOU AND BRIGHTSIDE ARE EACH WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless otherwise agreed, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
Notices. Any notices or other communications provided by Brightside under these Terms, including those regarding modifications to these Terms, will be given via the Site or such other means as Brightside deems appropriate, such as by phone or via email.
Communications. By using the Services, you consent to receiving electronic communications, including email, from Brightside. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with Brightside. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You will retain the option to discontinue receiving marketing communications from Brightside at any time. By using the Services, you also consent to receiving traditional mail from Brightside. While the vast majority of your Brightside correspondences will occur electronically, Brightside may occasionally send you engagement materials such as welcome packets and other information intended to provide you with additional information about Brightside’s offerings to ensure you remain informed of all services provided to you through the Brightside platform.
Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms shall remain in full force and effect.
Waiver of Rights. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to that breach or other similar breaches.
or by sending a message to Member Services through your patient portal. To the extent the California Electronic Commerce Act of 1984 applies, California users are advised that the technology and Site are provided by Brightside Health, Inc., with its primary mailing address at 5214F Diamond Heights Blvd #3422, San Francisco, CA 94131. If you have a question or complaint regarding the technology or Site, please contact us as described above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700. Residents of other states may find contact information to their state’s respective consumer protection office at this website