Website and Mobile Application Privacy Policy

Harmony United Psychiatric Care (together with Harmony United Healthcare LLC and its affiliates, “HUPCFL”) provides comprehensive outpatient mental health and psychiatry services in Florida through in-person visits and virtually through our online services.

This Website and Mobile ApplicationPrivacy Policy describes how HUPCFL collects, uses, or discloses personal information we receive through our website and related online services that we provide (as used herein, the “Services”). This policy also describes your choices about the collection and use of your information.

NOTE TO PATIENTS: This policy does not govern how we handle the information you provide to us while being treated as a patient of our facilities and other Protected Health Information (“PHI”) as defined under the Health Insurance Portability & Accountability Act and related federal and state laws and regulations (collectively referred to as “HIPAA”). ALL PROTECTED HEALTH INFORMATION IS GOVERNED BY OUR NOTICE OF PRIVACY PRACTICES. Please see that notice for information on how we handle PHI and your rights in regard to your PHI.

Please read this Website and Mobile Application Privacy Policy carefully before you start to use our Services. By using the Services, you agree to be bound and abide by our posted Terms of Use(“Terms”) and this Website and Mobile Application Privacy Policy. If you do not agree to both our Terms and Website and Mobile ApplicationPrivacy Policy, or if you violate them in any way, your right to access or use the Services is terminated. Please see Sections 9-11 of our Terms regarding your legal rights in any dispute involving our Services.

1. How We Collect Information

We may collect information about you by various means, including through our Services, directly from you in-person or when you contact us, and from your other providers or third parties.

2. Types of Information We Collect

In order to better provide you with our Services, we may collect the following categories of information:

  • Contact information, such as your name, e-mail, phone number and mailing address;
  • Survey information in response to questions we may send you through the Services, such as for research or feedback purposes;
  • Communications between you and us, such as via e-mail, mail, phone or other channels when you contact our support team;
  • Online User Activity described in the next section.

As noted above, any Protected Health Information (PHI) we collect is handled separately, subject to our HIPAA Notice of Privacy Practices.

If you provide us with information regarding another individual, you represent that you have that person’s authorization and consent to give us his or her information and to permit us to use the information in accordance with this policy.

3. Online User Activity, Cookies, and Information Collected by Other Automated Means

Cookies are a commonly-used web technology that allows websites or mobile apps to store and retrieve certain information on a user’s system, and track users’ online activities. We and our service providers may collect information about your use of our Services by such automated means, including but not limited to cookies, pixels, and other similar technologies. These tools can help us automatically identify you when you return to our Services. Cookies help us review traffic patterns, improve our Services, and determine what Services are popular.

When you use the Services, the information we may collect by automated means includes, for example:

  • Usage Details about your interaction with our Services (such as the date and time of use, pages visited, features used);
  • Device Information including the IP address and other details of a device that you use to connect with our Services (such as device type, model, and operating system information); and
  • Location information where you choose to provide the website or app with access to information about your device’s location.

If a user does not want information collected through the use of cookies, most browsers allow the visitor to reject cookies, but if you choose to decline cookies, you may not be able to fully experience the interactive features our Services provide. There is no consensus on web browser-based do-not-track (“DNT”) mechanisms, but we do not respond to web browser-based DNT signals at this time because we do not collect information about users’ online activities across third-party websites.

4. How We Use Information We Collect

We may use the information we obtain about you for purposes allowed by applicable laws, including:

  • Provide our Services to you, including establishing and maintaining an account or user ID that is created for your use of our Services, and to process transactions;
  • Respond to your requests, questions, and comments and provide customer support;
  • Operate, evaluate and improve the products and services we offer (including to develop new services), and to diagnose or fix technology problems;
  • Provide administrative notices to you regarding our Services, as well as inform you about changes to our policies including this Website and Mobile Application Privacy Policy and our Terms;
  • Comply with and enforce as needed applicable legal requirements, industry standards, our policies, and our contractual rights; and
  • Monitor the performance of our Services including metrics such as the number of users.

We may also use or share information in an anonymized or aggregate manner for purposes such as research, analysis, modeling, marketing, and advertising, as well as improvement of our Services.

5. How We Share Your Information

We will not disclose your personal information to third parties without your consent, except in the following circumstances.

  • We may share your information as permitted by law, including, for example, with service providers that we believe need the information to perform a technology, business, or other professional function for us (examples include IT services, maintenance, and hosting of our Services, and other vendors). We only provide such vendors with information so they can perform their required functions on our behalf.
  • We also may disclose information about you (i) if we are required to do so by law or legal process, (ii)when we believe disclosure is necessary to prevent harm or financial loss, (iii) in connection with an investigation of suspected or actual fraudulent or illegal activity; or (iv) under exigent circumstances to protect the personal safety of our staff, users or the public.
  • We reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our organization or assets. If we engage in such a sale or transfer, we will make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Website and Mobile ApplicationPrivacyPolicy.

Where appropriate, we will limit sharing of your information in accordance with the choices you have provided us and applicable law.

6. Your Privacy Choices

We offer you certain choices about what information we collect from you, how we use and disclose the information, and how we communicate with you.

  • Cookies: Web browsers may offer users the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our websites and mobile apps may not function correctly.
  • Marketing: If you wish to opt-out of receiving any marketing emails or other such communications from us, please notify us as provided below. You may choose not to receive marketing emails from us by clicking on the unsubscribe link in the marketing emails you receive from us.
  • Patient records: You are entitled under HIPAA to exercise certain rights regarding your PHI, such as access to patient records. For more information, please see our NOTICE OF PRIVACY PRACTICES.

7. Links to Other Websites and Third-Party Content

Our Services may contain links to other websites or apps. Please be aware that we are not responsible for the content or privacy practices of such other websites or apps, and we encourage you to be aware when you leave our Services and to read the privacy statements of any other website or app that collects personal information.

8. How We Protect Information

We endeavor to maintain reasonable administrative, technical, and physical safeguards designed to protect the personal information we maintain against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. However, we cannot ensure the security of any information you transmit to us, or guarantee that this information will not be accessed, disclosed, altered, or destroyed. We will make any legally required disclosures in the event of any compromise of personal information. To the extent the law allows us to provide such notification via e-mail or conspicuous posting on the Services, you agree to accept notice in that form.

9. Healthcare Providers

If you (on behalf of yourself or your organization) are a healthcare provider under a contractual relationship with us to use these Services in connection with your practice, we may additionally collect your business contact information and other data regarding your use of our Services for analytics, marketing or promotional activities, to the extent permitted by law and our contractual relationship. This may include advertising products or services that may be of interest to you. In addition to communicating with you regarding your and your patients’ use of the Services, we may from time to time contact you to provide announcements, alerts, surveys, or other marketing or general communications. In order to improve our Services, we may be notified when you open an email from us or click on a link therein.

10. Children

We do not knowingly collect personal data from children under the age of 13 on our Services. If you have reason to believe that a child under the age of 13 has provided personal information to us through our Services, please contact us, and we will endeavor to delete that information from our systems. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will endeavor to delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us as directed below.

11. Updates to Our Website ad Mobile Application Privacy Policy

We may revise or update this Website and Mobile Application Privacy Policy at any time. We will post the updated version on our Services, and may notify you of any significant changes to our Website and Mobile Application Privacy Policy. We will indicate on our Website and Mobile Application Privacy Policy when it was most recently updated. Your continued use of our Services after such updates will constitute an acknowledgment of the change and agreement to abide and be bound by the updated Website and Mobile ApplicationPrivacy Policy.

12. Contacting Us

If you have any questions, concerns, or comments about this Website and Mobile Application Privacy Policy, our privacy practices, or if you would like us to update information or preferences you provided to us, please contact us by mail to Harmony United Psychiatric Care, 15544 W Colonial Dr., Winter Garden, FL 34787; by phone at (352) 431-3940; or by email to [email protected].

This Website and Mobile Application Privacy Policy was last updated on February 21, 2022.

HIPAA - Privacy Notice Effective 01-01-2022

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Protecting the privacy and the confidentiality of patients’ personal information is important to the providers and staff at Harmony United Psychiatric Care. Every member of our team must abide by our commitment to privacy in the handling of personal information and be informed about the importance of privacy. Our Notice of Privacy Practices applies to the personal health information (PHI) of all patients that are in our possession and control.

Identifying purposes:  We ask and collect information to establish a relationship to serve your mental health needs. We obtain most of your information about you directly from you or from your referring physician whom you have authorized to disclose information.

You have the right to determine how your personal health information is used and disclosed. For most healthcare purposes, your consent is implied because of your consent to treatment. However, in all circumstances express consent must be written. Your written consent will be forwarded to the Privacy Officer who will document the request in the patient’s medical records and notify the appropriate health care providers and their supporting staff. We will obtain your consent if we wish to use your information for other purposes.

Personal Health Information permits certain collections, uses, and disclosures of your PHI, despite the consent directive; healthcare providers may override the consent directive in certain circumstances such as emergencies and the consent directive may result in delays in receiving health care.

A.  Permitted Disclosures of PHI. We may disclose your PHI for the following reasons:

  1. Treatment. We may disclose your PHI to a physician or other health care provider providing treatment to you. For example, we may disclose medical/mental health information about you to physicians, nurses, technicians, or personnel who are involved with the administration of your care.
  2. Payment. We may disclose your PHI to bill to any insurance company or Medicare or its administrators any information needed to process and pay your claims and collect payment for the services we provide to you. For example, we may send a bill to you or to a third-party payer for the rendering of services by us. The bill may contain information that identifies you, your diagnosis and procedures and supplies used. We may need to disclose this information to insurance companies to establish insurance eligibility benefits for you. We may also provide your PHI to our business associates, such as billing companies, claims processing companies and others that process our health care claims.
  3. Health Care Operations.
    1. We may disclose your PHI in connection with our health care operations. Health Care Operations include quality assessment activities, reviewing the competence or qualifications of health care professionals, evaluating provider performance, and other business operations. We may also provide your PHI to accountants, attorneys, consultants, and others to make sure we comply with the laws that govern us. 
    2. We may call your cell phone, home phone, or email or text, and leave messages on voicemail or in person in reference to any items that assists Practice in carrying out its Health Care Operations, such as appointment reminders, insurance items and any calls pertaining to your clinical care, including laboratory test results, among others.
    3. We may mail to your home or other location designated by you any items that assist the Practice in carrying out Health Care Operations.
    4. We may e-mail you to the email address you provided us with for our records.  We may email any items that assist the practice in carrying out our Health Care Operations, such as appointment reminders, telehealth links, patient statements, and informational items. Our email system is HIPAA compliant. We may send protected health information via email using secure password protected email communications. If you email us your protected health information, you understand that your email system may not be HIPAA complaint, therefore we would recommend sharing your protected health information only via password protected email communications that you receive from our practice. Otherwise, if you need to send us protected health information, we encourage you to use our secure electronic patient portal, if available, or call us. See Paragraph H below.
    5. We may set up a secure electronic patient portal for you to use to access and view date of your appointments with us, results of diagnostic tests, vital signs taken during your visits with us, prescriptions ordered for you, and communications with us. We have made every effort to provide a secure patient portal; however, security may be compromised due to events beyond our control. If we discover the security of our patient portal has been compromised, we will notify you if the security breach involves your records maintained on our patient portal.
    6. We may provide services to you via secure electronic two-way audio and video communications (telehealth platform). We have made every effort to provide a secure telehealth platform; however, security may be compromised due to events beyond our control. If we discover the security of our telehealth platform has been compromised, we will notify you if the security breach involves you.
  4. We may send information to you including appointment reminders, care coordination to help manage your health, referrals to specialists, or general information about the practice via US mail, email, text message, cell phone, home phone, or other methods of communications. We make every effort to send information securely; however, security may be compromised due to events beyond our control. If we discover security has been compromised, we will notify you if the security breach involves your protected health information.
  5. Emergency Treatment. We may disclose your PHI if you require emergency treatment or are unable to communicate with us.
  6. Family and Friends. We may disclose your PHI to a family member, friend, or any other person who you identify as being involved with your care or payment for care unless you object.
    • Required by Law. We may disclose your PHI for law enforcement purposes and as required by state or federal law. We will inform you or your representative if we disclose your PHI because we believe you are a victim of abuse, neglect, or domestic violence, unless we determine that informing you or your representative would place you at risk. In addition, we must provide PHI to comply with an order in a legal or administrative proceeding. Finally, we may be required to provide PHI in response to a subpoena discovery request or other lawful process, but only if efforts have been made, by us or the requesting party, to contact you about the request or to obtain an order to protect the requested PHI.
    • Serious Threat to Health or Safety. We may disclose your PHI if we believe it is necessary to avoid a serious threat to the health and safety of you or the public.
    • Public Health. We may disclose your PHI to public health or other authorities charged with preventing or controlling disease, injury or disability, or charged with collecting public health data.
    • Health Oversight Activities. We may disclose your PHI to a health oversight agency for activities authorized by law.
    • Research. We may disclose your PHI for certain research purposes, but only if we have protections and protocols in place to ensure the privacy of your PHI.
    • Workers’ Compensation. We may disclose your PHI to comply with laws relating to workers’ compensation or other similar programs.
    • Specialized Government Activities. If you are active military or a veteran, we may disclose your PHI as required by military command authorities. We may also be required to disclose PHI to authorized federal officials for the conduct of intelligence or other national security activities.
    • Organ Donation. If you are an organ donor or have not indicated that you do not wish to be a donor, we may disclose your PHI to organ procurement organizations to facilitate organ, eye or tissue donation and transplantation.
    • Coroners, Medical Examiners, Funeral Directors. We may disclose your PHI to coroners or medical examiners for the purposes of identifying a deceased person or determining the cause of death, and to funeral directors as necessary to carry out their duties.
    • Disaster Relief. Unless you object, we may disclose your PHI to a governmental agency or private entity (such as FEMA or Red Cross) assisting with disaster relief efforts.

B.  Disclosures Requiring Written Authorization.

  1. Not Otherwise Permitted. In any other situation not described in Section A above, we may not disclose your PHI without your written authorization.
  2. Psychotherapy Notes. We must receive your written authorization to disclose psychotherapy notes, except for certain treatment, payment, or health care operations activities.
  3. Marketing and Sale of PHI. We must receive your written authorization for any disclosure of PHI for marketing purposes or for any disclosure which is a sale of PHI.

C.  Your Rights.

  1. Right to Receive a Paper Copy of This Notice. You have the right to receive a paper copy of this Notice upon request.
  2. Right to Access PHI. You have the right to inspect and copy your PHI for as long as we maintain your medical record. You must make a written request for access to the Privacy Officer at the address listed at the end of this Notice. We may charge you a reasonable fee for the processing of your request and the copying of your medical record pursuant to Chapter 456, Florida Statutes. In certain circumstances we may deny your request to access your PHI, and you may request that we reconsider our denial. Depending on the reason for the denial, another licensed health care professional chosen by us may review your request and the denial.
  3. Right to Request Restrictions. You have the right to request a restriction on the use or disclosure of your PHI for the purpose of treatment, payment, or health care operations, except in the case of an emergency. You also have the right to request a restriction on the information we disclose to a family member or friend who is involved with your care or the payment of your care. However, we are not legally required to agree to such a restriction.
  4. Right to Restrict Disclosure for Services Paid by You in Full. You have the right to restrict the disclosure of your PHI to a health plan if the PHI pertains to health care services for which you paid in full directly to us.
  5. Right to Request Amendment. You have the right to request that we amend your PHI if you believe it is incorrect or incomplete, for as long as we maintain your medical record. We may deny your request to amend if (a) we did not create the PHI, (b) is not information that we maintain, (c) is not information that you are permitted to inspect or copy (such as psychotherapy notes), or (d) we determine that the PHI is accurate and complete.
  6. Right to an Accounting of Disclosures. You have the right to request an accounting of disclosures of PHI made by us (other than those made for treatment, payment, or health care operations purposes) during the 6 years prior to the date of your request. You must make a written request for an accounting, specifying the time period for the accounting, to the Privacy Officer at the address listed at the end of this Notice.
  7. Right to Confidential Communications. You have the right to request that we communicate with you about your PHI by certain means or at certain locations. For example, you may specify that we call you only at your home phone number, and not at your work number. You must make a written request, specifying how and where we may contact you, to the Privacy Officer at the address listed at the end of this Notice.
  8. Right to Notice of Breach. You have the right to be notified if we or one of our business associates become aware of a breach of your unsecured PHI.

D.  Changes to this Notice.

We reserve the right to change this Notice at any time in accordance with applicable law. Prior to a substantial change to this Notice related to the uses or disclosures of your PHI, your rights, or our duties, we will revise and distribute this Notice, or you can obtain an updated HIPAA privacy notice on our website or from our office locations.

E.  Acknowledgment of Receipt of Notice.

We will ask you to sign an acknowledgment that you received this Notice.

F.  Questions and Complaints.

If you would like more information about our privacy practices or have questions or concerns, please contact us. If you are concerned that we may have violated your privacy rights, or you disagree with a decision we made regarding the use, disclosure, or access to your PHI, you may submit a complaint to us by contacting the Privacy Officer at the address and phone number at the end of this Notice. You also may submit a written complaint to the U.S. Department of Health and Human Services. We will provide you with the address to file such a complaint upon request.

G.  Limiting Collection: We collect information by fair and lawful means and collect only that information that may be necessary for the purposes related to the provision of your medical care. Under no circumstances do we sell patient lists or other personal information to third parties. There are some types of disclosure of your PHI that may occur as a part of this Practice fulfilling its routine obligations and practice management. This includes consultants and suppliers to the practice, on the understanding that they abide by our privacy policy, and to the extent necessary to allow them to provide business services or support this practice.

We will retain your information only for the time it is required for the purposes we describe and once your personal information is no longer required, it will be destroyed.  However, due to our ongoing exposure to potential claims, some information is kept for a longer period of time.

H.  Safeguards: We protect your information with appropriate safeguards and security measures. The practice maintains personal information in a combination of paper and electronic files. Recent paper records concerning individuals’ personal information are secured and kept on-site at our office.

Access to personal information will be authorized only for the healthcare providers and employees associated with the practice and other agents who require access in the performance of their duties and otherwise authorized by law. We provide information to health care providers acting on your behalf, understanding that they are also bound by law and ethics to safeguard your privacy.

Our computer systems and electronic medical records are secured so only authorized individuals can access these systems and databases. All our employees use HIPAA-compliant email which is encrypted. However, sending emails to the office via an email server that is not HIPAA Compliant is not secure against interception. We recommend you only share protected health information via password-protected email communications that you receive from our practice. Otherwise, if you need to send us protected health information, we encourage you to use our secure electronic patient portal, if available or call us. Our practice does not encourage email communication of sensitive information if you do not, use encrypted or HIPAA compliant email services or communicate via password-protected emails from our practice.

Access to correction with limited exceptions: We will give you access to the information we retain about you within a reasonable time, upon presentation of a written request and satisfactory identification. We may charge you a fee for this service and if so, we will give you notice in advance of processing your request. If you find errors of fact in your personal health information, please notify us as soon as possible and we will make the appropriate corrections. We are not required to correct the information relating to clinical observations or opinions made in good faith. You have a right to append a short statement of disagreement to your record if we refuse to make a requested change. If we deny your request for access to your personal information, we will advise you in writing of the reason for the refusal and then you may challenge our decision.

We encourage you to contact us with any questions or concerns you might have about your privacy. We will investigate and respond to your concerns about any aspect of handling your information.

HIPAA Privacy Notice
Harmony United Psychiatric Care
15544 W. Colonial Drive
Winter Garden, FL 34787

(352) 431-3940                                                                                               

Terms of Use

Harmony United Psychiatric Care (together with Harmony United Healthcare LLC and its affiliates, “HUPCFL”) provides comprehensive outpatient mental health and psychiatry services in Florida through in-person visits and virtually through our online services.

These Terms of Use (the “Terms”) together with our Website and Mobile Application Privacy Policy govern your use of our website and related online services that we provide (as used herein, the “Services”). The Services can include information about HUPCFL, general educational information, a patient portal, a telehealth platform, access to some of your electronic medical records, and better access to your health professional’s office and staff.

HUPCFL requires that all users of our Services adhere to these Terms, including with respect to any electronic content, functionality, features, and applications in our Services (collectively, “Materials”). By using the Services, you agree to our Terms and Website and Mobile Application Privacy Policy, and represent that you are of legal age to form a binding contract with us and meet all of the eligibility requirements herein.

Your right to access or use the Services is terminated if you violate these Terms. We reserve the right to revise these Terms, and any rights not expressly granted herein are reserved. Please check back periodically to review any changes to our Terms. Please see Sections 9-11 below regarding your legal rights in any dispute involving our Services.

DISCLAIMER: THE SERVICES ARE INTENDED FOR USE BY PATIENTS, HEALTHCARE PROFESSIONALS, AND OTHER WEBSITE VISITORS FOR INFORMATIONAL PURPOSES ONLY. ALTHOUGH THE SERVICES MAY PROVIDE ACCESS TO INFORMATION OR FACILITATE COMMUNICATION WITH A HEALTHCARE PROFESSIONAL, THE SERVICES DO NOT THEMSELVES PROVIDE ANY MEDICAL ADVICE OR DIAGNOSIS. IN THE EVENT OF A MEDICAL EMERGENCY, PLEASE CALL 911. OTHERWISE, PLEASE DIRECT ANY MEDICAL QUESTIONS TO YOUR HEALTHCARE PROFESSIONAL.

1.  Your Responsibilities

You are responsible for any activity that occurs through your user account and you agree you will not sell, transfer, license, or assign your account or any account rights to anyone else. With the exception of individuals or organizations that are expressly authorized to create accounts on behalf of others, we prohibit the creation of and you agree that you will not create an account for anyone other than yourself. All information you provide to us upon account registration and at all other times must be true, accurate, current, and complete to the best of your knowledge, and you agree to update your information as necessary to maintain its truth and accuracy.

2.  User Conduct and Restrictions

You may not use the Services for any purpose that is unlawful or prohibited by these Terms.

You may not: (a) decompile, reverse engineer, disassemble, modify, reduce theServices to human readable form or create derivative works based upon the Services or any part thereof; (b)disable any licensing, control or security features of the Services; (c) introduce into the Services any virus or other code orroutine intended to disrupt or damage the Services, or alter, damage or delete any Materials , or retrieve orrecord information about the Services or its users; (d) merge the Services or Materials with another program orcreate derivative works based on the Services or Materials; (e) remove, obscure, or alter any notice of thecopyright or other proprietary legends on the Services or Materials; (f) sublicense, assign, translate, rent,lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others; (g) use, or allow the use of, the Services or the Materials in contravention of any federal, state,local, foreign or other applicable law, or rules or regulations of regulatory or administrativeorganizations; (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using theServices; (i) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (k) access oruse the Services by means of any automated program, expert system, electronic agent or “bot,” and shallnot give any other person or entity unauthorized access to the Services; (l) engage in “scraping,” copying,republishing, licensing, or selling the data or information on the Services.

3.  User Information

You hereby grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use and display the information and materials that you provide to us through the Services as reasonably necessary to provide the Services to you, subject to our Website and Mobile Application Privacy Policy and other privacy obligations as described below.

You agree that we are free to use any feedback, ideas, or suggestions (“Feedback”) that you provide to us with respect to the Services for any purposes whatsoever without any restriction, including developing and marketing new products, services, and features without any liability or payment of any kind to you. You waive all intellectual property rights in any such Feedback.

4.  Your Privacy

Personal information collected by us in connection with the Services will be maintained in accordance with our posted Website and Mobile Application PrivacyPolicy. However, as stated there, the Website and Mobile Application Privacy Policy does not govern how we use your Protected Health Information ("PHI")as defined under the Health Insurance Portability & Accountability Act and related federal and state laws and regulations (collectively referred to as “HIPAA”), such as information you provide to us while being treated as a patient of our facilities. ALL PROTECTED HEALTH INFORMATION IS GOVERNED BY OUR NOTICE OF PRIVACY PRACTICES.

5.  Reporting Infringement And Other Violations

We respect the intellectual property rights of others, and we prohibit users of our Services from (i) submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights, or (ii)engaging in any activities that violate these Terms. Please report any such issues to us via the contact information provided at the end of these Terms.

6.  Our Intellectual Property Rights

We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services for lawful purposes in accordance with our Terms and Website and Mobile Application Privacy Policy, and the governing terms of any business relationship you have with us. The Services contain Materials owned by (or licensed to) us, including name, logo, text, images, audio/visual works, icons and scripts, and other materials provided on or through the Services. Except as provided herein or with our express prior written permission, none of the information and materials provided by the Services may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes. Trademarks and service marks that may be referred to in the Services are the property ofHUPCFL or their respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission.

7.  Links to other sites

The Services may contain links to third-party websites, social media platforms, or plug-ins. Access to any other website or service referenced in the Services is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on other such sites. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement, recommendation, or approval. The content, accuracy, opinions expressed and other links provided by linked sites are not investigated, verified, monitored, or endorsed by us. If you decide to visit or transact business at any linked site, you do so at your own risk and it is your responsibility to take all protective measures. The third-party sites are not controlled by us and may have different terms of use and privacy policies, which we encourage you to review.

8.  Linking to our Sites

You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice at our sole discretion.

9.  Disclaimer of Warranties; Limitation of Liability

YOUR USE OF THE SERVICES AND MATERIALS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

We may update our Services and Materials from time to time, but they will not necessarily be complete or up-to-date. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process.

The provisions in our Terms are intended to be only as broad and inclusive as is permitted by applicable law. We recognize that some laws provide consumers specific rights and remedies and expressly prohibit waiver of these rights. Except to the extent required by such laws, as applicable, you waive all damages under any cause of action other than actual damage for out-of-pocket loss. For example, except with respect to these laws, you waive nominal damages, liquidated damages, statutory damages, consequential damages, presumed damages, as well as the imposition of costs and attorney's fees. We reserve all rights, defenses, and permissible limitations under applicable law.

10.  Indemnification

You agree to indemnify us and hold us harmless from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms. You also agree to indemnify us and hold us harmless from and against any and all claims brought by third parties arising out of your use of the Services and the content you submit to the Services by any means, including without limitation through a posting, a link, reference to other content, or otherwise.

11.  Governing Law; Arbitration and Class Action Waiver

THE LAWS OF THE STATE OF FLORIDA WILL GOVERN THESE TERMS AND ANY DISPUTE RELATING TO THE SERVICES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN ORLANDO, FLORIDA IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.

Excluding claims for injunctive or other equitable relief, for claims related to the Services, any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of theTerms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc.Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in Orlando, Florida, or at the option of the party seeking relief, online, by telephone, online, via written submissions alone or your state of residence, and be administered by JAMS. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration, and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

We make no representation that the Services are appropriate or available for use in all jurisdictions. Access to any of the Services from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Services from such jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.

12.  Termination of Services.

We may, in our sole discretion and at any time, change or discontinue providing any part of the Services. We may impose or change fees for use of certain Services with thirty (30) days advance notice of such change.

13.   Entire Agreement; Severability

Except to the extent you are using the Services on behalf of an organization that has entered into a contractual relationship with us for these Services and the terms of that contractual relationship conflict with or otherwise supersede these Terms, you agree that (i) you have read and understood and agree to be bound by these Terms, (ii) these Terms, together with our posted Website and Mobile ApplicationPrivacyPolicy which is incorporated herein by reference, constitute the complete and exclusive statement of the agreement between you and HUPCFL and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms.

If any provision of these Terms is found unenforceable, it shall not affect the validity of the remainder of these Terms, which shall remain valid and enforceable according to its terms, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services.

14.  Contact Information

If you have any questions, concerns, or comments about these Terms or our Services, please contact us by mail at Harmony United Psychiatric Care,15544 W Colonial Dr., Winter Garden, FL 34787; by phone at (352) 431-3940; or by email to [email protected].

These terms were last updated on February 21, 2022.

© Copyright 2022 HUPCFL All Rights Reserved.
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