Merritt Mental Health
The purpose of MMH’s Platform and/or Services is to provide mental health Care Navigation, a non-clinical search service for obtaining a list of referrals that fit your parameters of search and have availability in the geographic area you stipulate.
MMH offers no medical, pseudo-medical, anecdotally medical, or diagnostic advice. MMH offers no treatment advice, suggestions, or guidance. MMH offers non-medical, non-urgent Care Navigation only. As part of the Care Navigation Service a MMH contractor or employee obtains background information from you by phone or video interview, including past diagnoses you provide based upon prior evaluations by mental health professionals.
This interview MMH conducts is not a medical intake or medical history, and no diagnosis is provided or suggested. The purpose of the interview is to aid the search for available mental health professionals or programs you request of us.
DIAGNOSIS AND TREATMENT
DO NOT USE MMH SERVICES FOR THE PURPOSE OF OBTAINING A DIAGNOSIS OR TREATMENT RECOMMENDATIONS. IF YOU OR YOUR FAMILY MEMBER IS SEEKING A DIAGNOSIS OR TREATMENT RECOMMENDATIONS, CONSULT A QUALIFIED PROFESSIONAL OR REQUEST CARE NAVIGATION FROM MMH FOR A QUALIFIED PROFESSIONAL.
NON-EMERGENCY NEEDS ONLY
DO NOT USE MMH SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU OR YOUR FAMILY MEMBER IS EXPERIENCING A MEDICAL EMERGENCY, OR IF YOU FEEL THAT YOU, YOUR FAMILY MEMBER, OR ANY OTHER PERSON MAY BE IN ANY DANGER OF RISK OF HARM, CALL 911 IMMEDIATELY.
SUICIDE OR THOUGHTS OF SELF-HARM
IF YOU OR YOUR FAMILY MEMBER IS THINKING ABOUT SUICIDE OR SELF-HARM DO NOT EMPLOY THE SERVICES OF MERRITT MENTAL HEALTH. FOR SUICIDE EMERGENCIES CALL 911. FOR NON-EMERGENCY GUIDANCE ABOUT SUICIDE RISK IN YOURSELF OR SOMEONE ELSE, CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT 1-800-273-8255.
ARBITRATION OF DISPUTES
BY CREATING AN ACCOUNT WITH MMH’S PLATFORM AND USING MMH’S SERVICES AND/OR USER CONTENT, YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND/OR YOUR FAMILY MEMBER AND MMH WILL BE RESOLVED BY EITHER MEDIATION OR BINDING, INDIVIDUAL ARBITRATION. ADDITIONALLY, YOU AGREE TO WAIVE YOUR AND/OR YOUR FAMILY MEMBER’S RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
MMH RESERVES THE RIGHT TO PURSUE IN EQUITY OR COURT OF JURISDICTION FOR ANY INFRINGEMENT OF MMH’S INTELLECTUAL PROPERTY RIGHTS
You are solely responsible for all service, telephone, internet, and other fees associated with accessing and utilizing MMH Platform and/or Services.
Your License to Use MMH Platform and Services
You are directly responsible for all of the activities associated with accessing and utilizing MMH’s Platform and/or Services. The following activities are strictly prohibited:
- Any actions intended or designed to obtain password, account, or private information from any other MMH user;
- To engage in any kind of illegal activity or illicit act or violate any law or regulation; and
- To violate any right of any person, company, or entity, including but not limited to intellectual property rights, copyrights, contract rights, and rights of privacy.
MMH RESERVES THE RIGHT TO PURSUE IN A CIVIL OR EQUITY ACTION ANY INFRINGEMENT OF MMH’S INTELLECTUAL PROPERTY RIGHTS
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided immediately above), create derivative works based on, distribute, perform, display, or in any way exploit, any of MMH’s Content, materials, MMH’s Platform, and/or Services in whole or in part.
Any comments, suggestions, or feedback relating to the Platform and/or the Services (collectively “Feedback”) submitted to MMH shall become the property of MMH. All feedback given to MMH by you is treated as not confidential, and MMH will not be liable for any ideas (including but not limited to, product or advertising ideas) and will not incur any liability as a result of implementation of your Feedback and any similarities that may appear in our future Site, Platform, Services, Content, or operations. Without limitation, MMH will be deemed the exclusive owner of all present and future existing rights to all Feedback of every kind and nature everywhere. MMH retains the right to use the Feedback for any purpose without compensation to you or any other person giving the Feedback.
It is MMH’s policy to respect and protect the copyright and intellectual property rights of others. If MMH is informed of a potential infringement, the content may be immediately removed.
Reporting Copyright and Other Intellectual Property Violations
MMH takes intellectual property violations seriously. If you are the verifiable owner of a property right that is potentially being used improperly, please notify us at firstname.lastname@example.org or via certified mail at Merritt Mental Health, LLC. 3786 20th St., San Francisco, California 94110. Attention: Copyright Agent. In the notification please provide the following information:
- All relevant contact information including first name, last name, address, telephone number, and e-mail address;
- Your claim of ownership/license etc.;
- A description of where material in question is located on the Platform and/or Services (Please include URL);and
- And why the use is not authorized.
NOTE: Please use this contact only for intellectual property concerns.
MMH TAKES INTELLECTUAL PROPERTY RIGHTS SERIOUSLY AND WILL PURSUE THEM IN RELIANCE TO A GOOD FAITH REPRESENTATION. KNOWINGLY MISREPRESENTING THAT MATERIAL IS OR IS NOT INFRINGING MAY SUBJECT YOU TO CIVIL PENALTIES THAT MIGHT INCLUDE MONEY DAMAGES, COURT AND ATTORNEY FEES BY PARTIES.
MMH offers no medical, pseudo-medical, anecdotally medical, diagnostic, or treatment advice.. MMH offers a consultative service that assesses and offers referrals to potentially relevant mental health services and programs using the information that the User provides (“Services”). What the User ultimate choses to do with the information or assessment given during Services is the User’s decision.
Merritt Mental Health, LLC. does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by licensed healthcare professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither MMH nor any third parties who provide you or your family member with referrals shall be liable for any professional advice you or your family member obtain from a licensed healthcare professional or service in relation to the information given during MMH Services.
MMH owes no fiduciary duty nor has any special relationship to you or your family member. You acknowledge that MMH has no control over, and no obligation to take any course of action regarding: Which users access MMH’s Platforms and/or Services; what effects the Platform, Services, Content, and/or User Content may have on you or your family member; how you or your family member may interpret or use the Platform, Services, Content and/or User Content; or what actions you or your family member may take as a result of having been exposed to the Platform, Services, Content and/or User Content.
MMH makes no representations concerning the Platform, Services, Content and/or User Content contained in or accessed through the Platform and/or Service, and MMH will not be responsible or held liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform and/or Services.
Any discussion surrounding “fit”, “appropriateness”, “efficacy”, “results” and “expectations” are purely informational. The responsibility is ultimately yours to assess the professional appropriateness, licensure, and personal fit of any mental health professional you choose to contact or see.
MMH, THE PLATFORM, CONTENTS AND/OR SERVICES ARE PROVIDED AS IS AND HAVE NOT BEEN TESTED IN ANY MANNER. MMH DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, CONTENTS, AND/OR THE SERVICES ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE PLATFORM, CONTENT AND/OR THE SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND MMH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR OR YOUR FAMILY MEMBER’S USE OF THE SITE AND THE SERVICES IS AT YOUR OR YOUR FAMILY MEMBER’S OWN DISCRETION AND RISK, AND YOU OR YOUR FAMILY MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR OR YOUR FAMILY MEMBER’S USE OF MMH’S PLATFORM AND/OR SERVICES.
Limitation of Liability
MMH SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANY USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PLATFORM, CONTENT, USER CONTENT AND/OR THE SERVICES, WHETHER SUCH DAMAGES ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT MMH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL MMH BE LIABLE TO ANY USER FOR ANY AMOUNT OTHER THAN THE AMOUNT THE USER HAS PAID FOR ACCESS TO THE MMH PLATFORM, CONTENT, AND/OR SERVICES.
Non-performance of either Party, except for the failure to make required payments, will be excused to the extent performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing Party. This “Limitation of Liability” section shall survive any expiration or termination of your relationship with Company.
Release and Waiver
To the maximum extent permitted by applicable law, you and your family member hereby release and waive all claims against MMH, its contractors, employees, officers, agents, or other partners from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your or your family member’s use of MMH’s Platform Services, Content, and/or User Content. In addition, you and your family member expressly waive and relinquish any and all rights and benefits which you or your family member may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
To the maximum extent permitted by applicable law, you and your family member agree to hold harmless and indemnify MMH, and its contractors, employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your or your family member’s use of the MMH Platform, Services, and/or Content, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. MMH shall use good faith efforts to provide you with written notice of such claim, suit or action.
These indemnity obligations shall survive any expiration or termination of you and your family member’s relationship with Company.
You acknowledge and agree that you, your family member, and MMH are each waiving the right to a trial by jury, notwithstanding the exception noted above regarding copyrights and intellectual property, or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, you and your family member also agree that if a Dispute should go to arbitration, 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.
Good Faith Bond
MMH is dedicated to providing a timely, fair, and equitable forum for discussing and resolving disputes. All legal disputes that cannot be resolved between the Parties must be accompanied by a good faith bond of $10,000.00, to be deposited to an independent bond holder, to be selected by the Party bringing the Dispute before the dispute can proceed to mediation or arbitration.
Users and MMH agree that any dispute must begin with mediation. Mediation is a non-binding form of conflict resolution where the Parties will select a neutral, third-party individual to listen to the facts, and suggest potentially equitable resolutions.
Selection of Mediator and Timing
The Party that is bringing the claim will provide the resumes of three potential mediators. The final decision of the mediator will rest with the non-claiming Party. Once a mediator is selected, Parties will select a mutually acceptable date, no later than one calendar month from the date that the mediator was selected to resolve the matter.
Parties agree that all Mediation will occur in San Francisco County, California.
The Party that is bringing the claim will be responsible for the Mediation Fees. Upon final decision of the mediator fees may be split equally between Parties.
Arbitration Process – Binding Arbitration
Any Dispute arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to binding arbitration, shall be determined in Contra Costa County, California, before one (1) arbitrator from the JAMS roster pursuant to its Streamlined Arbitration Rules & Procedures. (http://www.jamsadr.com/files/Uploads/Documents/JAMS-Rules/JAMS_streamlined_arbitration_rules-2014.pdf)
The award may be entered in any court having jurisdiction. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.
Allocation of Fees and Costs
The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing Party.
Arbitration Location and Procedure
Arbitration will be conducted in San Francisco County, California unless you, your family member, and MMH agree to a different location. All arbitration claims that do not exceed $10,000, will be conducted solely on the basis of the documents you, your family member, and MMH submit to the arbitrator, unless the arbitrator deems that a hearing is necessary. If your or your family member’s claim exceeds $10,000, your or your family member’s right to a hearing will be determined by the JAMS Streamlined Arbitration Rules & Procedures.
The arbitrator will render a binding decision and an award, if any, within the time frame specified in the JAMS Streamlined Arbitration Rules & Procedures.
The Party initiating Arbitration will be responsible for any JAMS filing, administrative, and arbitrator fees as set forth in the JAMS Rules.
Modifications of Legal Dispute Sections
MMH may modify the terms of the settling disputes. If upon notice of the modification you or your family member would rather settle the dispute by the Legal Dispute Section agreed to when you set up your account, MMH will allow that for the Dispute in question. Any subsequent Dispute will be settled under the Legal Dispute Section as modified. This “Legal Disputes” section shall survive any expiration or termination of this contract and/or your and your family member’s relationship with MMH.
Assumption of Risk
Contacting people and using online services have inherent risks. You agree and understand that by using the Platform, Service, Content, and/or User Content that you and your family member are assuming all the risks associated with using the Platform, Services, Content, and/or User Content.
You agree to take all necessary precautions in identifying and communicating with potential tutors and service providers on the Platform and/or Service.
Release and Waiver
Governing Law and Jurisdiction
Captions and Headings
The section titles are for convenience only and do not have any effect on legal or contractual rights.
DO NOT USE MMH SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU OR YOUR FAMILY MEMBER EXPERIENCES A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
SUICIDE OR HARMFUL THOUGHTS
IF YOU OR YOUR FAMILY MEMBER IS THINKING ABOUT SUICIDE OR IF YOU OR YOUR FAMILY MEMBER IS CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU, YOUR FAMILY MEMBER, OR TO OTHERS OR IF YOU FEEL THAT YOU, YOUR FAMILY MEMBER, OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU OR YOUR FAMILY MEMBER HAS ANY MEDICAL EMERGENCY, YOU OR YOUR FAMILY MEMBER MUST IMMEDIATELY CALL 911 AND NOTIFY THE RELEVANT AUTHORITIES.
MMH Platform or Services offers no medical, pseudo-medical, anecdotally medical advice. MMH offers a consultative service that assesses and offers information to potentially relevant mental health services and programs using the information that the User provides (“Services”). What the User ultimate choses to do with that information or assessment is the User’s decision.
Age Requirement/Account Set Up
You may only have one Account. Accounts are intended to be personal and cannot be shared.
MMH reserves the right to terminate your account and access to Services for any reason, or no reason, at MMH’s sole discretion without notice to you.
Care Navigation Services
Care Navigation is the service name for the search process that MMH offers. During the Care Navigation, the User may engage in any number of information gathering exercises from phone/video discussions to online and verbal questionnaires. The questions, answers and discussions during the information gathering portion of the Care Navigation is solely intended as information gathering so that the Care Navigator can then assess and suggest potential mental health providers, services, and programs.
Care Navigation is a two-week process. To initiate Care Navigation, a User schedules online at merrittmentalhealth.com/appointments. During the sign-up process, the User selects a date and time for a Health Services Consultation, which is a phone or video consultation with the Care Navigator. This Consultation can take up to 45 minutes. After the Health Services Consultation, the Care Navigator will conduct Care Navigation, resulting in the delivery of a Referral Summary. This Referral Summary contains at least three referrals in a single category of search, specified by the User, and can take up to two weeks for completion and delivery. MMH recommends that the User reach out to those on the Referral Summary as soon as possible to assess availability and fit. During a two-week period after delivery of the Referral Summary MMH will provide additional search services and referrals if the User reports dissatisfaction or lack of availability, but not after the terminatino of that two-week period.
YOU UNDERSTAND AND AGREE THAT MMH ACTS ONLY AS AN ONLINE PLATFORM AND SERVICE DESIGNED TO HELP USERS WITH MENTAL HEALTH CARE NAVIGATION.
USERS AGREE THAT AT NO TIME IS MMH A PARTY TO ANY INTERACTION BETWEEN USERS AND THE CARE NAVIGATOR EVEN IF MMH SHOULD CHARGE THE CARE NAVIGATOR A “PLATFORM USAGE” FEE. THOUGH CARE NAVIGATORS UNDERGO A MMH ONBOARDING PROCESS, AND AGREE TO CONDUCT THEMSELVES BY MMH’S STANDARDS OF CONDUCT, CARE NAVIGATORS ARE INDEPENDENT CONTRACTORS AND ARE NOT EMPLOYEES NOR AGENTS OF MMH. AS SUCH, MMH TAKES NO RESPONSIBILITY IN THE QUALITY OR EFFICACY OF THE SERVICE.
ALL INTERACTION BETWEEN USERS AND CARE NAVIGATORS IS A SEPARATE AGREEMENT BETWEEN THE PARTIES. SERVICES AS AGREED TO BY THE PARTIES WILL MAKE UP THE ENTIRETY OF EACH INTERACTION. PARTIES DEFINE THE SCOPE AND METHODOLOGY OF THE SERVICE. ALL SERVICES ARE ENTERED INTO AT THE USER’S RISK.
It is the Client’s responsibility to provide general, diagnosis and symptom information to Care Navigators. With that information, Care Navigators find and assess potential doctors, medical providers and appropriate services using a number of factors: fit, expertise, location, to name just a few.
During the course of Services, Care Navigators take personal and background information to formulate and provide excellent Care Navigation. Users and Care Navigators should take special care in determining the level of detail needed to accomplish the Care Navigation. Specifics about mental health or identity are never used to make or opine on medical conditions or diagnosis. Any and all information gathered is used to identify the professional or service most suitable for the conditions that the User describes.
MMH reserves the right to monitor, review, and record all communications and interactions during use of the Platform and/or Services. Any and all transcripts, recordings, and materials that are transmitted will be treated as User Information.
During Services or while using MMH’s Platform, Users may elect to exchange files or attachments. MMH is not responsible for the quality or safety of the file or attachment. You assume any risk from uploading, downloading, opening, saving, or sharing any files or attachments.
ALL SERVICES BETWEEN CARE NAVIGATORS AND USERS ARE INDEPENDENT AGREEMENTS FOR SERVICES BETWEEN THE USER AND INDIVIDUAL CARE NAVIGATOR.
Payments made through the Platform are made for Care Navigation Services. We may charge the Care Navigator by taking a portion of this payment for the use and operation of the Platform (“Platform Use Fees”). However, we will not be deemed as the counselor of any Care Navigation Services regardless of payment.
Payment for Services is due in advance of each Care Navigation session and includes all applicable processing fees and taxes (as may be required). Please see below for cancellation policy.
Though we use current technology to process payments, no method of transmission over the Internet, or method of electronic payment, is 100% accurate. We cannot guarantee its total accuracy. Any error in payments will not constitute a breach of the TOU. MMH will use commercially reasonable means to remedy the situation should such a situation arise.
MMH has a 48-hour cancellation policy. Users and Care Navigators can cancel a session outside of 48-hours prior to a booked session. A Care Navigator may not cancel a confirmed session within 48 hours. If a User needs to cancel within 48 hours we recommend that they immediately contact the Care Navigator. The Care Navigator has the sole discretion to determine whether the session fee will be waived.
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