Last updated: June 1, 2018
Welcome to www.brightside.com (“the Site”). Sometimes people who are experiencing depression or anxiety find it difficult to seek care. They may feel uncomfortable talking to a psychiatrist or another physician face-to-face, have difficulty accessing care, or be concerned that people may find out about their situation and treat them differently. Others may simply value easy and affordable care.
Brightside Health, Inc. (“we,” “us,” “our,” or “Brightside”) developed the Site to provide a convenient, confidential platform for people over the age of 18 to learn about depression, understand treatment options, and connect with a physician if desired. Brightside then helps people follow through with their treatment plans through online tools, content, and resources and home delivery of treatments. We currently operate in California, Illinois, and/or New York (“States Where We Operate”).
The first step to using the site is to respond to a questionnaire. These questions are part of standard, widely used, self-administered electronic screening assessments and proprietary questions this Site offers (“Assessments”). You must first complete the Assessments to use the Site services. The Assessment results will provide you with information based on validated studies and the experiences of people with the same or similar scores.
Brightside then allows you to decide whether to speak to one of our affiliated physicians about a diagnosis and appropriate care plan. Affiliated physicians review information that you submit through the Site and evaluate it relative to diagnostic criteria, medical evidence, and established treatment guidelines. They then conduct a voice or video call with you to validate their diagnosis, rule out certain complicating factors, and discuss a care plan that suits your needs and preferences.
If a physician determines, after reviewing your information and communicating with you, that medication may help, the physician can choose to write a prescription. You then have the option to choose whether you would like to have your prescriptions delivered by Brightside or a Brightside affiliate and access tools, resources, and physician monitoring of your care.
You may not use the Services if you do not agree to all of the Terms and Conditions below, including the arbitration and indemnity provisions.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. THE SERVICE MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
Services in General
Brightside does not provide any medical services, practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Physicians, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. None of the Site content (other than information you receive from Physicians) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
At any time, you may review information on our website about behaviors, exercises, and supplements that may help you, including a Skill Kit that helps you learn healthy behaviors in a structured program.
You may ask, through the Site, to be connected with a physician who is affiliated with Brightside (“Physician(s)”). Of course, you are always free to consult your own physician or counselor. If you choose to consult with a Brightside affiliated physician, then you should tell your primary care physician on your next visit about any changes to your treatment or new medications you are taking.
If you receive a prescription, you may request for Brightside or a Brightside affiliate to deliver your medication monthly and to have a physician monitor your care to answer your questions and adjust your care plan as necessary to support positive outcomes for a monthly subscription fee. You can also choose to add premium “Boost” supplements for an additional monthly subscription fee.
All of these are called “the Services.”
BRIGHTSIDE DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DRUGS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, “OFF-LABEL” DRUG USES, OR OTHER INFORMATION THAT MAY BE MENTIONED through services and does not represent that any services provided on the site are an appropriate substitute for direct in-person services in all cases.
Services from Physicians
If you decide to seek services from Physicians, the terms below apply.
Healthcare Services from Physicians, including mental health diagnosis, medical advice, and prescribing medications relating to treating depression or anxiety (“Physician Services”), are available only in the States Where We Operate. You may only use Physician Services from an internet connected device located in one of the States Where We Operate.
Once you are connected with your Physician, you will communicate by telephone, and then generally through confidential messages available through the Site and, if you consent, emails or text/SMS messages. In some states, these services, or some of them, may be considered “Telehealth” or “Telemedicine” under applicable laws. Some of these laws may require written informed consent from you before Physicians may provide you with such services. To ensure you are fully informed, Physicians and Brightside request such consent in advance of providing Physician Services, whether or not legally required. That consent shall constitute (1) your voluntary authorization to the rendering of care by Physicians as may in their professional judgment be necessary; (2) your acknowledgement that no guarantees have been made as to the effect of such treatment; (3) your understanding that you have the right to refuse any treatment and discuss any treatments with Physicians; and (4) your understanding that you are responsible for payment for such treatment and Physician Services.
You understand that by coordinating and in certain cases consulting with a Physician through the Service, you are not entering into a Physician-patient relationship with Brightside. Brightside provides a platform and mechanism for enabling you to connect and chat with Physicians. Brightside does not participate in the interaction between you and Physicians and does not have control over the quality, reliability, timing, legality, integrity, authenticity, accuracy, appropriateness, provision, or failure to provide, or responsiveness of the information provided by or to Physicians. Brightside makes no representations about any of these and assumes no responsibility for any of them. You can report a complaint relating to the care provided by a Physician by contacting the professional licensing board in the state where the care was received.
Terms Applicable to All Services and Physician Services
- Eligibility to Use the Services. TO USE THE SERVICES, YOU MUST BE AT LEAST 18 YEARS OLD AND ABLE TO FORM A BINDING AGREEMENT. IF YOU ARE A MINOR UNDER APPLICABLE LAW OR ARE NOT LEGALLY ABLE TO FORM A BINDING AGREEMENT, YOU ARE NOT PERMITTED TO REGISTER OR USE THE SITE AND RECEIVE THE SERVICES.
- You acknowledge that results are never guaranteed regarding use of the Services;
- Brightside may limit the number of connections you may have with the Physicians and/or may otherwise limit your use of the Services;
- You understand and acknowledge that the Physicians may not be able to respond to your messages immediately or even within a short time (but if you have not heard from a Physician within 48 hours, you should contact Brightside to find out why); and
By providing information to us, you grant Brightside, without any further consent, notice and/or compensation to you or to any third parties, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid-up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, the information you provide, directly or indirectly to Brightside, including user-generated content, ideas, concepts, techniques and/or data.
- Payment. You agree to pay all fees for Services provided through the Site and authorize monthly payments to Brightside for any Services to which you subscribe on a monthly basis. By providing Brightside with your payment information, you agree that Brightside is authorized to charge your account for all fees due and payable to Brightside hereunder and that no additional notice or consent is required.
- Prohibited Uses. You agree not to use the Services for commercial or public purposes and/or to: a) violate any local, state, national or international law; b) stalk, harass or harm another individual; c) collect or store personal data about other users or persons; d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; f) attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means; and/or g) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- Intellectual Property. You hereby expressly acknowledge that Brightside or its licensors own all legal right, title and interest in the Services. Brightside reserves all rights not expressly granted in and to the Service. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, publication or other commercial use of any copyrighted material is strictly prohibited without our express written consent or the express written consent of the copyright owner or licensor.
- Intellectual Property Infringement. We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we remove submissions that we believe may violate intellectual property rights of others and may suspend your access to the Services (or any portion thereof) and/or terminate your account if you use the Services in violation of someone’s intellectual property rights.
Pursuant to Title 17 of the United States Code, § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims. If you believe your copyright or other intellectual property right is being infringed by a user of the Services, please provide written notice to our Agent for notice of claims of infringement as follows:
201 Spear Street, Suite 1600
San Francisco, CA 94105
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received a Digital Millennium Copyright Act of 1998 (“DMCA”) take-down notice.
- Third Party Sites. We may provide links on the Services to third-party websites. We are not obligated to review any third-party websites that you link to from the Services, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Services, you do this entirely at your own risk.
- Indemnification. You agree to indemnify and hold harmless Brightside, our owners, subsidiaries, affiliated companies, employees, shareholders, directors, licensors, co-branders, suppliers, and the officers, directors, employees, consultants, and agents of each, and other registered users for all damages, liabilities, fines, penalties, losses, expenses, fees, and costs (including without limitation reasonable attorneys’ fees and costs) related to all claims, causes of action, charges, and investigations, caused by: a) your failure to comply with this Agreement, including without limitation your unauthorized submission of content and/or of that violates third-party rights or applicable laws; b) any content you submit or transmit; c) any activity in which you engage through the Services; and d) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar or deleterious programming routines input by you into the Services.
- Geographic Restrictions. Brightside makes no representation that all products, Services, material, and/or the information provided through the Services, are appropriate for export and use in locations outside the States Where We Operate. You access the Services on your own initiative and are responsible for compliance with all applicable laws, including local laws, and United States export laws. By downloading or otherwise using or transferring any software, technology or other information from the Services in any manner whatsoever, you represent and warrant you may legally do so.
- Disclaimer Of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE Services IS AT YOUR SOLE RISK. BOTH THE Services ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRIGHTSIDE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. BRIGHTSIDE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BRIGHTSIDE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Services, OR THAT DEFECTS IN THE Services WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OBTAINED THROUGH THE USE OF THE Services IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRIGHTSIDE OR THROUGH THE Services WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE SERVICES ARE NOT INTENDED TO PROVIDE A SUBSTITUTE FOR YOUR OWN SOUND AND REASONABLY PRUDENT JUDGMENT. PERSONS USING THE SERVICES ASSUME FULL RESPONSIBILITY FOR THE USE OF THE SERVICES, MATERIALS AND OTHER INFORMATION PROVIDED AND AGREE THAT BRIGHTSIDE IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THEIR USE. YOUR RELIANCE ON THE CONTENT OBTAINED OR USED BY YOU IS SOLELY AT YOUR OWN RISK EXCEPT AS PROVIDED BY LAW.
- Limitation Of Liability. YOU UNDERSTAND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BRIGHTSIDE OR ANY OF OUR OWNERS, SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, SHAREHOLDERS, OR DIRECTORS (“BRIGHTSIDE AFFILIATES”) BE CUMULATIVELY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE AGGREGATE LIABILITY OF BRIGHTSIDE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED TO FIVE (5) TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A BRIGHTSIDE CORPORATE NETWORK, IF ANY, OR U.S. $100, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, and as a result some of the above disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under applicable law.
- Mutual Rights of Termination. You may terminate this Agreement, for any or no reason, at any time, upon notice to Brightside. Brightside may terminate, modify, restrict, or suspend your use of the Services, your account, and/or your registration without notice for any reason at any time. You understand that termination of your agreement with Brightside and your account will not entitle you to any refund and may involve deletion of your information and any content you uploaded using such Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT UPLOADED BY YOU. OTHER AGREEMENTS WITH BRIGHTSIDE MAY CONTAIN DIFFERENT TERMINATION PROVISIONS FOR A GIVEN SERVICE. IN SUCH CASES, TERMINATION PROVISIONS WITHIN OTHER AGREEMENTS SHALL GOVERN THE TERMINATION OF THOSE SERVICES.
- Dispute Resolution. YOU AND BRIGHTSIDE AGREE THAT ALL CLAIMS ARISING OUT OF, OR RELATED TO, THIS AGREEMENT MUST BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION LOCATED IN SAN FRANCISCO, CALIFORNIA, AS ADMINISTERED BY JAMS UNDER THE APPLICABLE RULES THEN IN EFFECT EXCEPT AS OTHERWISE AGREED BY THE PARTIES OR AS DESCRIBED BELOW. THE PARTIES AGREE THAT THE FEDERAL ARBITRATION ACT WILL NOT APPLY TO DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AND BRIGHTSIDE AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA, FOR THE PURPOSE OF LITIGATING ANY REFUSAL TO ARBITRATE. NOTWITHSTANDING THE ABOVE, YOU AGREE THAT BRIGHTSIDE SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION. IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE SERVICE, EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE SERVICES OR ANY CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE SERVICES.
FOR ANY CLAIM (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS LESS THAN $10,000, THE PARTY REQUESTING RELIEF MAY ELECT TO RESOLVE THE DISPUTE IN A COST-EFFECTIVE MANNER THROUGH BINDING NON-APPEARANCE-BASED ARBITRATION, IN WHICH CASE BRIGHTSIDE AND YOU MUST COMPLY WITH THE FOLLOWING RULES.
YOU AGREE THAT YOU AND BRIGHTSIDE ARE EACH WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless otherwise agreed, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
Notices and Service of Process. In addition to Section “Notices and Service Messages,” we may notify you via postings on www.brightside.com. You may contact us at email@example.com, or via mail or courier at:
201 Spear Street, Suite 1600
San Francisco, CA 94105
Additionally, Brightside accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
- Electronic Communications. By using the Services, you consent to receiving electronic communications from Brightside. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with Brightside. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of receiving marketing communications from Brightside.
- No Agency. Notwithstanding any term herein, the Physicians are not agents of Brightside, and you may not interpret any communications or transmissions to or from the Physicians to create an agency relationship and they may not be deemed at any time to be acting as an agent of Brightside.
- Limited Time to Bring Claim. Where permitted by law, you and Brightside agree that any cause of action arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.