These TOU may change. Because your use of the Site means that you agree to these TOU, if we revise and update these TOU, your continued use of Innerwell and the Site will mean that you accept these changes. You choose whether to use Innerwell and the Site. If you do not agree to all of these TOU, please do not use Innerwell and the Site.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911
Your Relationship with Innerwell
Innerwell itself does not offer or provide any diagnosis, treatment, medical advice, or healthcare opinions. ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY INNERWELL IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY AND IS IN NO WAY INTENDED TO CREATE A PROVIDER-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. USE OF THE INNERWELL SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT AND RELIANCE ON ANY INFORMATION PROVIDED BY INNERWELL IS SOLELY AT YOUR OWN RISK. INNERWELL IS NOT RESPONSIBLE FOR, AND YOU RELEASE INNERWELL FROM, ANY LOSS, LIABILITY, DAMAGE, OR HARM ARISING IN CONNECTION WITH YOUR ENGAGEMENT WITH ANY HEALTHCARE PROVIDER OR PROFESSIONAL ON OR THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES.
Your Representations, Warranties and Covenants to Innerwell
By accessing the Site, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these TOU with Innerwell, (iii) the information you have provided to Innerwell in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Site (v) you will not interfere with a third party's use and enjoyment of the Site (vi) you will not interfere with or disrupt Innerwell's or its vendors' security measures, (vii) if any information you provide to Innerwell becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Innerwell, and (viii) you are accessing the Site for yourself.
In connection with your relationship with Innerwell, you may provide to us, or cause to be provided to us on
1 KBS Medical, P.A., a Florida professional service corporation, KBS Medical California, P.C., a California professional corporation, and RJB Medical, PC, a New York professional service corporation.
Innerwell is designed to support your health decisions and choices you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive from a formal provider-patient relationship. Always use common sense when making health decisions. Innerwell cannot make decisions for you. Innerwell is not a place for treatment or diagnosis. Please use any information you find on the Site responsibly.
You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site. You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Site. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.
Payment for Services.
In connection with your enrollment with Innerwell, you acknowledge and agree that the Professional Entities are not enrolled with, and are not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health care or mental health services or supplies and, as such, neither you nor Innerwell nor the Professional Entities may receive payment from such programs for the Services provided to you by Innerwell and/or the Professional Entities.
By agreeing to use the Services, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all Services provided to you, and (2) neither you nor Innerwell nor the Professional Entities nor any pharmacies used in connection with the Services will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services.
Subject to any ability to refund as hereinafter set forth, you agree that you will be charged for the Services, by providing a credit card or other payment method accepted by Innerwell (“Payment Method”), and you are expressly agreeing that Innerwell is authorized to charge to the Payment Method any fees for Services, together with any applicable taxes.
You agree that authorizations to charge your Payment Method remain in effect until you cancel it in writing by notification to email@example.com, and you agree to notify Innerwell of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, Innerwell may at its discretion attempt to process the charge again at any time within 30 days.
You agree that if you do not show up for a scheduled appointment, you will be charged for the appointment as part of the Services. You will be charged $150 for all missed appointments except for Supervised Dosing Sessions in the Medicine + Therapy plan where you will be charged $250.
You agree that if you do not reschedule or cancel an appointment at least 24 hours prior to the appointment start time, you will be charged for the appointment as part of the Services. You will be charged $150 for all missed appointments except for Supervised Dosing Sessions where you will be charged $250.
You agree that you will be charged for the Services on a monthly or weekly basis, based on what is reflected in your invoice.
Time spent (greater than 10 minutes) outside of session time will be charged on a prorated basis. Some examples include, but are not limited to:
- Appointments scheduled outside of the standard program blocks (i.e., meeting with your psychiatric clinician more than once per month)
- Phone calls, messages in the patient portal, voicemails, letters, emails, and texts between you and your care team, other physicians, therapists, teachers, family members, insurance companies, etc.
- Prescription refills outside of session time
- Time spent obtaining prior authorizations
- Coordination of care for emergencies, hospitalization, intensive outpatient, residential treatment, rehabilitation, etc.
- All forms (insurance, worker’s compensation, school, employer, doctor’s notes, letters, or reports) and chart reviews not completed in session
- Testimony in court, at depositions, administrative hearings, board reviews, and the time required for preparation and travel, whether requested by you or ordered by a court, board, government agency or other legal authority
Refunds for Services.
Innerwell shall permit the refund of charges for the Services using the Payment Method as hereinafter set forth:
- In the event that, after the initial telehealth consultation with a health care provider associated with the Professional Entities, such provider determines that you are not a good candidate for the Services at this time, you are eligible for a FULL REFUND for the Services.
- In the event that you cancel the Services at least 24 hours prior to your initial telehealth consultation with a health care provider associated with the Professional Entities, you are eligible for a FULL REFUND for the Services.
- In the event that, after your initial telehealth consultation with a health care provider associated with the Professional Entities you cancel the Services, you are eligible for a partial REFUND of the remaining charges for the Services. Your refund is proportional to the level of care that you’ve received at the time of cancellation; This includes both time spent with clinicians and medicine.This amount will be determined by Innerwell based on the proportion of care delivered; you will be responsible for payment for all care delivered to-date at time of cancellation.
Access to the Site.
The Site and the information and content available through the Site are protected by copyright laws throughout the world. Subject to these TOU, Innerwell grants you a limited, non-transferable, and revocable license to access and use the Site for your personal use. Unless otherwise specified by Innerwell in a separate license, your right to use any of the services available through the Site is subject to these TOU and all rights are reserved by Innerwell. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying this Site.
Any use or attempted use of this Site (1) for any unlawful, unauthorized, fraudulent, or malicious purpose; (2) that could damage, disable, overburden, or impair the Site; (3) that could interfere with any other party’s use and enjoyment of the Site; (4) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means; or (5) for any other use other than the business purpose of which it was intended, is prohibited. Innerwell reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Innerwell further reserves the right to monitor general use of the Site at any time as it deems appropriate and to remove any materials that may violate these TOU.
Third Party Links.
Innerwell may provide links to third-party web sites. Innerwell does not recommend and does not endorse the content on any third-party websites. Innerwell is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements. Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites. Innerwell does not endorse any product, service, or treatment advertised on the Site. Innerwell does not control and is not responsible for the privacy practices of such third parties. Innerwell encourages you to review the privacy policies of each website and application you visit and use.
Limitation on Use by Minors.
Our service is intended SOLELY for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual accesses the Site. The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age. If Innerwell obtains actual knowledge that it has collected personal information through the Site from a person under eighteen (18) years of age, Innerwell will use reasonable efforts to refrain from using such personal information or maintaining it in retrievable form. Individuals under eighteen (18) years of age (and/or their parent or guardian) may contact Innerwell if they believe their personal information has been collected and/or displayed on the Site and request its removal and/or destruction.
Please note that Innerwell is not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example: (1) when an international, federal, state, or local law, rule, or regulation requires Innerwell to maintain the content or information; (2) when Innerwell maintains the content or information on behalf of a user’s healthcare provider as part of such user’s medical record; (3) when the content or information is stored or posted to the Site by a third party other than the user (including any content or information posted by the user that was stored, republished, or reposted by the third party); (4) when Innerwell anonymizes the content or information, so that such user cannot be identified individually; (5) when such user does not request that such information be removed from the Site; and (6) when such user has received compensation or other consideration for providing the content or information.
The foregoing is not intended to be an admission that Innerwell is subject to the Child Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Online Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
In connection with any transaction they conduct through the Site, users of the Site may be asked to supply certain information relevant to the transaction, including, without limitation, credit card numbers and expiration dates, billing addresses, shipping addresses, phone numbers, or email addresses. By submitting such information, users grant Innerwell without charge the irrevocable, unencumbered, universal, and perpetual right to provide such information to third parties for the purpose of facilitating the transaction.
No delay or omission by Innerwell to exercise any right or power it has under these TOU or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Innerwell must be in writing and signed by an authorized representative of Innerwell.
Innerwell strives to use reasonable physical, technical, and administrative measures to protect information under its control. However, you as a user of the Site are responsible for keeping your account passwords and login information secure and confidential, and you are responsible for any and all use of the Site. If you have reason to believe that the security of your account has been compromised, please notify us immediately at firstname.lastname@example.org.
As a User of the Site, you may choose to not provide us with certain information, but this may limit the features you will be able to use, or it may prevent you from using the Site all together. You may also choose to opt out of receiving certain communications from Innerwell.
Innerwell may supplement, amend, or otherwise modify these TOU at any time. When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically.
YOUR ACCESS AND USE OF THE SITE IS VOLUNTARY AND IS AT YOUR SOLE RISK. INNERWELL DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SITE AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. INNERWELL DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SITE. INNERWELL DOES NOT WARRANT THAT THE SITE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, OR IMPERFECTIONS.
Limitation of Liability
IN NO EVENT SHALL INNERWELL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS OF USE, OR INABILITY TO USE THIS SITE OR ANY OTHER SITE LINKED TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, SITE, ERRORS, OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THE SITE. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST INNERWELL FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE SITE.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST INNERWELL ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF YOUR USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
These TOU and any other agreements Innerwell may post on the Site or that you and Innerwell may execute from time to time constitute the entire agreement between Innerwell and you in connection with your use of the Site and supersede any prior agreements between Innerwell and you regarding use of the Site, including prior versions of these TOU.
Governing Law and Jurisdiction
Accessing this Site or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited. Notwithstanding the laws of the location from which you access the Site, you agree that the statutes and laws of the State of Florida, notwithstanding any principles of conflicts of law, will apply to all matters relating to the use of the Site. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Florida, Broward County, in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction.
If any part of these TOU are deemed unlawful, void, or unenforceable, such part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
In the event of any dispute between you and Innerwell, you agree that such dispute shall be resolved through arbitration in Broward County, Florida by the American Health Lawyers Association (“AHLA”) Dispute Resolution Service and conducted pursuant to the applicable AHLA Rules of Procedure for Arbitration (the “Arbitration Rules”). The fees and expenses of any arbitration shall be allocated in accordance with the “Standard Allocation” provisions of the Arbitration Rules. The award of the arbitrator shall be final, binding and conclusive on all parties to the arbitration.
Changes to this Agreement
When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically. Your continued use of Innerwell constitutes your agreement to the changed TOU.
Last Modified: December 1, 2022