Terms of Use

Privacy Policy
Notice of Privacy Practices
CCPA

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.

Please read these Terms of Use (“Terms of Use”) carefully before using www.BayPsychiatric.com (the “Site”) or any services provided in connection with the Site (the “Service”). By using the Site, you signify that you have read these terms and agree to be bound by and comply with them. If you do not agree to be bound by these terms, please promptly exit the Site. Bay Psychiatric Associates (“BPA”) reserves the right to modify these terms at any time and will publish notice of any such modifications on-line at this Site. By continuing to access the Site after notice of such modifications has been published, you signify your agreement to be bound by them.

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

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. BPA reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. BPA intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

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.

To the fullest extent permitted by applicable law, you understand and agree that BPA, its officers, directors, employees, agents and information providers shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages (even if BPA has been advised of the possibility of such damages) resulting from: (i) your use or inability to use the Service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; or (iv) any other matter relating to the Service. BPA’s total cumulative liability to you or any other party for any loss or damages resulting from claims, demands, or actions arising out of or relating to these Terms of USE will not exceed $500 (USD).

You agree to indemnify and hold harmless BPA and its officers, directors, shareholders, employees, agents, and affiliates against all actual and direct losses, liabilities, claims, costs, or expenses (including reasonable attorneys’ fees) they may suffer as the result of third-party claims, demands, actions, investigations, settlements, or judgments against them arising from or in connection with any breach of these Terms of Use, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents or agents. The limitation of liability and indemnification obligations of these Terms of Use stated above will survive termination of these Terms of Use.

10. Affiliated Sites

BPA has no control over, and no liability for any third-party websites or materials that may be linked with the Site. Because neither BPA nor the Site has control over the content and performance of such affiliated sites, BPA makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and BPA assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third-parties. You acknowledge and agree that BPA makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.

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.

12. Feedback

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.

13. Copyright

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.

18. Modifications

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.

19. Website Privacy Policy

BPA respects your privacy and permits you to control the treatment of your personal information. A complete statement of BPA’s current Website Privacy Policy can be found by clicking here.

20. Contact Us

If you have any questions, comments, or complaints regarding these Terms, our practices related to this Site, or our Service, please feel free to contact us by telephone at (510) 843-2220 or by email at [email protected].