TERMS AND CONDITIONS (last updated: 03/04/2024)

Welcome to DVH NP IN PSYCHIATRY SERVICES, PLLC!

These are the terms and conditions for:

By using the Websites and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “Websites”, refer to DVH NP IN PSYCHIATRY SERVICES, PLLC’ Websites, “we”, “us”, “our”, and “DVH NP IN PSYCHIATRY SERVICES, PLLC”, refer to DVH NP IN PSYCHIATRY SERVICES, PLLC, and “you”, and “user”, refer to you, the user of DVH NP IN PSYCHIATRY SERVICES, PLLC.

The following terms and conditions also apply to the Websites offered by DVH NP IN PSYCHIATRY SERVICES, PLLC. This includes any version of DVH NP IN PSYCHIATRY SERVICES, PLLC accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM THE WEBSITES AND DVH NP IN PSYCHIATRY SERVICES, PLLC

1. ACCEPTANCE OF TERMS

This agreement sets forth the legally binding terms for your use of this Websites. By using the Websites, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the Websites. We may modify this agreement from time to time, and such modification will be effective upon posting on the Websites. You agree to be bound by any modification of these terms and conditions when you use the Websites after such modification is posted on the Websites; therefore, it is important that you review this agreement regularly.

DVH NP IN PSYCHIATRY SERVICES, PLLC may, in its sole discretion, refuse to provide access to the Websites to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Websites is revoked in such jurisdictions.

By using the Websites, you represent and warrant that you have full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. NOTIFICATIONS AND NEWSLETTER

By subscribing to our newsletter by providing your email address on the Websites, you consent and agree that we may send you relevant content such as weekly articles, news and information about our services to your email address. If you wish to stop receiving communications from DVH NP IN PSYCHIATRY SERVICES, PLLC, you may unsubscribe at any time by using the “unsubscribe” option available in the same emails or by sending your request through our contact information.

3. BOOKINGS

Users have the opportunity to book a free 15-minute video consultation as an introduction to our services. In addition, we offer the possibility of booking sessions and consultations of our services through third parties specialized in the management of appointments and payments for health consultations. Users or patients who wish to access these sessions may make the corresponding payment through the payment methods provided by these third parties, subject to the specific conditions and policies of each one.

By making a reservation through these third party services, users or patients implicitly agree to the terms of service, privacy policies, and any other legal provisions that these third parties establish, including but not limited to, fees, cancellations, and refund policies. It is the user’s responsibility to review and understand these conditions before making any reservation or transaction.

We would like to remind our users that, although we facilitate the connection to these third party services for your convenience, any inquiries, complaints or claims related to the booking or payment process should be directed directly to the relevant third parties. Our website is not responsible for the acts, omissions or any other aspect related to the services provided by third parties.

We urge all users to carefully read the privacy policies and terms of service of these third parties to be fully informed about how your personal information will be handled and the details of transactions made. By using our services and opting to book through third parties, you acknowledge and agree to our policy and procedures regarding these practices.

4. MEDICAL DISCLAIMER

DVH NP IN PSYCHIATRY SERVICES, PLLC does not specifically endorse or recommend any medication, diagnosis, healthcare professional, product, procedure, opinion or the use of “off-label” medications that may be referred during the provision of our services. Furthermore, our entity does not guarantee that the information provided through our online services is a complete replacement for face-to-face medical consultations. It is important to recognize that, while our online services offer convenience and accessibility, they may not be suitable for all medical circumstances, especially in situations requiring urgent care.

In addition, we want to emphasize that the care offered through our website should not be considered a complete alternative to in-person medical services, especially in cases of medical emergencies or situations requiring immediate intervention. Our services are designed to complement and support your mental health care by providing access to professional advice and guidance in an accessible and convenient format. However, we urge our users to seek face-to-face medical care when necessary and not to rely exclusively on online solutions for the management of serious or urgent medical conditions.

5. LIMITATION OF LIABILITY

This Websites provides content and information related to psychiatry and medicine for informational and educational purposes only. While we are committed to providing accurate and up-to-date information, we do not guarantee the accuracy, relevance, reliability, efficacy or timeliness of the content published. Therefore, the use of any information provided on this Websites is at the user’s own risk.

We are not responsible for any interpretation or use that visitors to the site may make of the information provided. Furthermore, the content available on this Websites is not intended as a substitute for professional medical advice, diagnosis or treatment. The opinion of a qualified health care professional should always be sought with any questions you may have regarding a medical condition. You should never disregard professional medical advice or delay in seeking it because of something you have read on this Websites.

In no event shall we be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, including, without limitation, lost profits, business interruption, loss of information or data, or any other loss arising out of the use or inability to use the material or information available on this Websites, even if we have been advised of the possibility of such damages.

The Websites is not responsible for the opinions expressed by the authors of articles or comments posted by users on the site. Each author or user is responsible for his or her own publications.

This Websites may contain links to external Websites that are not provided or maintained by us or in any way affiliated with our websites. Please note that we do not guarantee the accuracy, relevance, timeliness or completeness of any information on these external sites.

You agree that it is your responsibility to verify any information obtained from the Websites before making any decision or taking any action. By accessing and using this Websites, you expressly agree that your use of this Websites is at your sole and exclusive risk, and you agree to the limitation of liability set forth herein.

6. COPYRIGHT

All content on the DVH NP IN PSYCHIATRY SERVICES, PLLC Websites, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by DVH NP IN PSYCHIATRY SERVICES, PLLC or by third parties who have licensed or provided their material to the Websites. You acknowledge and agree that all materials on DVH NP IN PSYCHIATRY SERVICES, PLLC are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without DVH NP IN PSYCHIATRY SERVICES, PLLC prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize DVH NP IN PSYCHIATRY SERVICES, PLLC or any part of the material for any purpose other than its intended purposes is strictly prohibited.

7. COPYRIGHT INFRINGEMENT

DVH NP IN PSYCHIATRY SERVICES, PLLC will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). DVH NP IN PSYCHIATRY SERVICES, PLLC respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the Websites infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information: 

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that DVH NP IN PSYCHIATRY SERVICES, PLLC can find it on the Websites.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.

8. PERSONAL DATA

Any personal information you submit in connection with the use of the Websites will be used in accordance with our privacy policy. By using the Websites, you agree that we may collect and store your personal information. Please see our privacy policy.

9. PROHIBITED ACTIVITIES

The following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep link to any portion of the services for any purpose without our express written permission.
  • “Frame”, “mirror” or otherwise incorporate any part of the Websites into any other websites or service without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by DVH NP IN PSYCHIATRY SERVICES, PLLC in connection with the services.
  • Circumvent, disable or otherwise interfere with security-related features of the Websites or features that prevent or restrict use or copying of any content.
  • Download any content unless it’s expressly made available for download by DVH NP IN PSYCHIATRY SERVICES, PLLC.

10. DISCLAIMER OF WARRANTIES

Because of the nature of the Internet DVH NP IN PSYCHIATRY SERVICES, PLLC provides and maintains the Websites on an “as is”, “as available” basis and makes no promise that use of the Websites will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our websites may from time to time contain links to other Websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the Websites in breach of these terms you will be liable to and will reimburse DVH NP IN PSYCHIATRY SERVICES, PLLC for any loss or damage caused as a result.

DVH NP IN PSYCHIATRY SERVICES, PLLC shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, DVH NP IN PSYCHIATRY SERVICES, PLLC excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to DVH NP IN PSYCHIATRY SERVICES, PLLC and DVH NP IN PSYCHIATRY SERVICES, PLLC shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the Websites.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Websitesor service purchased through the 
  • Any loss or damage resulting from your use or the inability to use the Websites or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the Websites or from transmissions via emails or attachments received from DVH NP IN PSYCHIATRY SERVICES, PLLC.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

11. ELECTRONIC COMMUNICATIONS

DVH NP IN PSYCHIATRY SERVICES, PLLC will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorized human action, including errors or mistakes.

12. INDEMNIFICATION

You agree to defend and indemnify DVH NP IN PSYCHIATRY SERVICES, PLLC from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the Websites.

13. CHANGES AND TERMINATION

We may modify the Websites and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the Websites constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and patients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

14. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by DVH NP IN PSYCHIATRY SERVICES, PLLC, shall constitute the entire agreement between you and DVH NP IN PSYCHIATRY SERVICES, PLLC concerning and governs your use of the Websites and the services.

15. FORCE MAJEURE

DVH NP IN PSYCHIATRY SERVICES, PLLC shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances, and which may prevent the performance of our services.

16. ARBITRATION

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity, as well as any aspect of your use of our Websites, shall preferably be resolved by binding arbitration between you and DVH NP IN PSYCHIATRY SERVICES, PLLC. However, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.

In the event of any dispute arising in connection with the use of our websites or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following applicable commercial arbitration rules.

You further agree, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with your use of our Websites. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.

17. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of New York. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of New York. This applies unless binding arbitration is agreed to in the applicable section.

18. MEDICAID/MEDICARE OUT-OF-NETWORK CLINIC ACKNOWLEDGMENT AND INTERNATIONAL/GLOBAL SERVICE CONSENT

By affixing your signature below, you, the undersigned patient or legal guardian, agree to and acknowledge the following terms:

Acknowledgment of Out-of-Network Status

You are fully aware that DVH NP IN PSYCHIATRY SERVICES, PLLC (“the Clinic”) operates outside the Medicaid and Medicare Insurance networks. This indicates that the Clinic does not have agreements with Medicaid or Medicare to provide services under these insurance plans. You recognize your ability to employ alternative commercial insurance plans not affiliated with Medicaid or Medicare for services received from the Clinic, provided these insurance plans are compatible with the Clinic’s policies on alternative coverage.

Self-Pay and Alternative Insurance Consent

By signing, you consent to receiving psychiatric services from the Clinic, choosing either to self-pay or to use an eligible alternative commercial insurance provider that is not affiliated with Medicaid or Medicare. You understand this choice excludes the possibility of billing Medicaid or Medicare for any services received from the Clinic. You acknowledge that you cannot seek reimbursement from Medicaid or Medicare for any out-of-pocket expenses or costs covered by alternative insurance for services rendered by the Clinic. The responsibility to settle financial obligations to the Clinic, either through self-payment or through alternative insurance, rests with you.

Financial Responsibility Agreement

You accept full responsibility for all costs associated with services provided by the Clinic. Payment is expected at the time of service unless a prior financial arrangement has been made. This includes arrangements via self-payments or involving coverage by an alternative commercial insurance provider not affiliated with Medicaid or Medicare. You commit to informing the Clinic immediately of any changes in your financial situation or insurance coverage that may affect your ability to meet your financial commitments under this agreement.

Consent for International Service Delivery

Upon execution of this agreement, you hereby unequivocally express your consent to receive healthcare services rendered by the Clinic, through the provision of its dedicated team. This team encompasses, without limitation, administrative staff, licensed psychotherapists, prescribing psychiatric professionals, and third-party providers who have been rigorously vetted. It is pertinent to note that while you, as the patient, are situated within jurisdictions where our psychotherapists and prescribing psychiatric professionals are duly licensed, these providers, alongside our third-party collaborators, may be located outside the territorial confines of the United States and may provide you with comprehensive clinic services—including but not limited to psychotherapy, psychiatric medication management, and administrative support—while situated in such locations at the time of delivering said Clinic services.

This operational structure enables the Clinic to harness a global network of healthcare professionals, ensuring the seamless provision and continuity of premium care. This model is designed with a dual focus: to expand the accessibility of our services to a broader patient base and to uphold rigorous standards of privacy, data security, and compliance with both U.S. and international legal and regulatory requirements.

The Clinic is steadfast in its commitment to observe the highest legal and ethical standards in the delivery of healthcare services. We assure you that the quality of care you receive will be uncompromised, regardless of the global location of our providers. This commitment is integral to our mission of offering exceptional healthcare services, maintaining patient confidentiality, and ensuring adherence to all applicable laws and regulations, thereby safeguarding your rights and interests as a patient.

It is your responsibility to ensure that the patient is physically present in a U.S. state where the provider (psychotherapist; prescribing psychiatric provider) is duly licensed when such services are rendered. This agreement applies irrespective of your chosen payment method, whether direct self-payment or through a commercial insurance plan not associated with Medicaid or Medicare, provided you are located in a jurisdiction where the Clinic is legally allowed to operate. You acknowledge and are willing to assume the risks associated with international data transfers, including the potential for legal and regulatory differences from those in the United States. Furthermore, you understand and accept that the Clinic’s status as an out-of-network provider for Medicaid and Medicare means that no claims will be filed with these programs for any services provided.

19. FINAL PROVISIONS

Your use of our Websites is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our websites does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our websites. Information provided or collected in connection with the use of the Websites will be subject to these requirements.

In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

20. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below:

DVH NP IN PSYCHIATRY SERVICES, PLLC.

  • Phone: For assistance or to address your concerns verbally, please call us at (347) 573-9479.
  • Email: office@dvhnpinpsychiatryservices.com
  • Fax: If you prefer to contact us via fax, our number is (347) 745-5913.
  • Postal Address: For written communication, please send your letters to: DVH NP IN PSYCHIATRY SERVICES, PLLC, 1185 Avenue of the Americas, 3rd Floor, New York, NY 10036.