Last updated: May 15, 2020
YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
1. Your Use of Information – No Medical Advice
Information provided via the Site is provided as a service to the community and is intended to be general in nature. This information is not provided in the course of a professional relationship between a healthcare provider and a patient and does not create any physician-patient relationship. BPA is not recommending a course of treatment for your particular circumstances or making a diagnosis through the use of the Site. Do not disregard or delay seeking medical advice because of any information you read on the Site. Your healthcare professional should be consulted regarding matters concerning medical condition, treatment, and needs of you and your family. Reference to services, products or medications on the Site is for informational purposes only and should not be considered an endorsement, recommendation, or approval of such services, products or medications.
2. Medical Emergencies
If you have a medical emergency, please immediately call emergency personnel (911) to get prompt medical attention. Do not rely on the Site or the site content for assistance in regard to your immediate or urgent medical needs. The Site is not designed to facilitate medical emergencies.
3. User Content
You grant BPA a license to use the information you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting BPA, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of BPA, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
4. Online Personal Health Record
This section applies if you have an online health record provided by BPA. By agreeing to these terms and conditions, you acknowledge that you are requesting BPA to release your personal health information, including test results, to your online personal health record and to grant you access to your online personal health record, including the ability to communicate with your healthcare team concerning your health information via the Internet. You understand that medical clinicians are prohibited by California law from releasing certain test results to you electronically and consequently you may not be able to access all of your health information online in your personal health record. You understand that BPA reserves the right to limit or discontinue your use of the online patient services if you do not abide by these terms and conditions or at the sole discretion of BPA.
You agree that your healthcare team may send you secure e-messages via your account. These messages may contain information that is important to your health and medical care. It is your responsibility to monitor these messages. By entering your valid and functional e-mail address, you have enabled BPA to notify you of messages sent to your inbox. You agree that maintaining your current contact information with BPA’s online patient services is your responsibility and you will update your e-mail address on your account as needed.
You acknowledge that messages and attachments you send via your online account or images captured via video interaction with your clinician may be incorporated in yor permanent health record. Once a message, attachment or image capture is made part of your record, it will be accessible to current and future BPA staff members who are involved in your care. If your BPA clinician is out of the office or unavailable to respond, messages sent may be routed to other authorized clinicians within BPA in order to facilitate a timely response to your request or question.
You acknowledge that you must create a unique Identification (ID) code and password to be used to access your health information or other information requiring an online account. Inquiries and entries that you make will be logged with your identity.
You acknowledge that it is extremely important that you keep your Online ID and password to your account completely confidential. If at any time you believe that the confidentiality of your password has been compromised, you must change it by going to the Password link on the web site. You agree that BPA takes no responsibility for and disclaims any and all liability or consequential damages arising from a breach of health record confidentiality resulting from your sharing or losing your password. If BPA discovers that you have inappropriately shared your password with another person, or that you have misused or abused your online access privileges in any way, your participation may be discontinued by BPA without prior notice.
You agree that you may not share your online ID and/or Password with any other website, party, or vendor (for example, a mobile app or website that collects and displays health information). If you do so, you are accountable for any interaction this has between your online health record and the third party, and you will not hold BPA or its affiliates liable for any personal information and/or patient information accessed by the third party and what they do with this information.
You agree that your enrollment is contingent on verification of your identity, as BPA deems appropriate. This may include verification in person or other means.
You understand that your account(s) may be deactivated upon your request or at the discretion of BPA for failure to meet and follow these Terms and Conditions.
5. Compliance with Intellectual Property Laws
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content in violation of any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by your User Content, even if it was provided or transmitted by someone else using your computer, phone, or other device. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
6. Inappropriate Content
7. Copyrights and Consents
All trademarked or copyrighted material contained within these pages, including but not limited to logos, marks, content, documents, forms, images, illustrations and videos, are owned by or licensed to BPA. Any reproduction or redistribution of this material beyond personal use is prohibited without the express written consent of BPA.
This website and links to other sites may contain materials that are copyrighted by BPA and/or other copyright holders. Use of copyrighted material without permission is expressly prohibited and is subject to federal copyright laws.
8. No Warranties
BPA HEREBY DISCLAIMS ALL WARRANTIES. BPA IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BPA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BPA DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
9. You Alone are Responsible for Your Use of the Site.
You agree to be solely responsible for your use of this Site.
10. Affiliated Sites
11. Prohibited Uses
BPA imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by BPA in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
We appreciate our users’ interest in improving and expanding the Service and the Site. If you choose to send us content, information, ideas, suggestions or other materials through the Service or the Site (“Feedback”), you hereby assign such Feedback to us, and you agree that we are free to use any Feedback for any purposes whatsoever, including, without limitation, developing products and services, without any liability or payment of any kind to you.
All contents of Site or Service are: Copyright © Bay Psychiatric Associates, A Medical Corporation, 2020 Milvia Street, Suite 300, Berkeley, CA 94704. All rights reserved.
14. Governing Law
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco, California, USA in all disputes arising out of or related to the use of the Site or Service.
15. Severability; Waiver
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
16. No License
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by BPA or by any third-party.
17. California Use Only
The Site is controlled and operated by BPA from its offices in the State of California. BPA makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as BPA’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
BPA may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. BPA shall post any revision to these Terms, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.