Juliet Morgan - Terms/Conditions and Privacy

JULIET MORGAN, MD, PC

Last Updated: November 1, 2024

This website is operated by Juliet Morgan, MD, PC. Throughout the site, the terms “we”, “us” and “our” refer to Juliet Morgan, MD, PC. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

Please read these Terms of Service carefully before accessing or using our website. By accessing, visiting, or using our site (however accessed and/or used, whether via personal computers, mobile devices, or otherwise (collectively, “Computer”)), and/ or using our site to provide any personal information (or enabling someone else to access, visit, or use the site and/or provide any personal information on your behalf), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

In addition to these Terms of Service, we have established a Privacy Policy to explain how personal information and data is or may be collected and used by us. Please review the Privacy Policy carefully. By using this site, you agree to the practices outlined in the Privacy Policy.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. Any changes made to the Terms of Service will become effective when a modified version of the Terms of Service are posted to the site and/or Services. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or Service following the posting of any changes constitutes acceptance of those changes. If you do not agree to any changes, you must stop using the Services. It is your obligation to ensure that you read, understand, and agree to the latest version of the Terms of Service. The legend at the top of the Terms of Service indicates when it was last changed and updated.

Our site uses Spruce Health App, a HIPAA-compliant digital care platform (“Spruce”), as a means of secure communication. We do not use email as a regular means of patient communication. Emails can potentially be intercepted, accessed, or altered by unauthorized individuals, which means that sensitive information such as personal health details might be at risk of exposure. Spruce is a third-party entity, outside our control, that provides us with the online communication platform that allows us to communicate in a manner that ensures your privacy and the security of your medical information. Use of Spruce is subject to its own policies, namely Spruce’s terms of service and privacy policy, which can be found on their website. We do not control, update, or change these policies. It is your responsibility to review, know, adhere, and agree to Spruce’s policies when using Spruce.

THE SITE AND RELATED SERVICES, APPLICATIONS, AND FEATURES PROVIDED BY US ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS OF SERVICE SET FORTH HEREIN. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. YOUR CONTINUED USE OF THE SITE OR SERVICES WILL INDICATE YOUR WILLINGNESS TO BE BOUND BY THESE TERMS OF SERVICE, WHICH MAY CHANGE FROM TIME TO TIME. THESE TERMS OF SERVICE GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, PROMPTLY EXIT THE SITE AND DO NOT USE THE SERVICES, APPLICATIONS, AND OTHER FEATURES PROVIDED BY UNAVAILABLE ON THE SITE OR OFFERED BY US IN ANY OTHER FORMAT.

1. Services Provided

Our site provides information regarding mental health services, including resources and information about Juliet Morgan, MD, PC. This site is intended for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified health provider with any questions regarding your mental health or a medical condition.

2. No Medical or Emergency Services

The information provided on this site does not constitute medical advice, treatment, or diagnosis and should not be used as such. If you have a medical or psychiatric emergency, please call 911 or go to the nearest emergency room. For non-urgent mental health concerns, please contact a licensed professional directly.

3. Use of Site

This site is intended for adults only. This site is not intended for any children under the age of thirteen (13). You must be at least eighteen (18) years old to use the site. By accessing or using the site, you represent and warrant that you are at least eighteen (18) years old.

To use the site, we grant you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer, or break into the site, or use materials, products, or services in violation of any law. The use of this site by any user is at our discretion and we may terminate your use of this site at any time.

We may suspend or terminate your access to the site at any time for any reason.

4. Company Content

The site contains content owned or licensed by Juliet Morgan, MD, PC, including but not limited to images, text, graphics, logos, videos, audio clips, digital downloads, and software (“Company Content”). Company Content is protected by copyright, trademark, patent, trade secret, and other laws. Unauthorized use or distribution of any content from this site is prohibited. You may not modify, copy, distribute, transmit, display, publish, or create derivative works from Company Content. Any copying, redistribution, use or publication by you of any such Company Content or any part of the site is prohibited, except as expressly permitted by us. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.

If you believe the Company Content copies your work in a way that constitutes copyright infringement, or that we have otherwise violated your intellectual property rights, please provide us a notice containing all of the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

5. User Conduct

By accessing this site, you agree to use it for lawful purposes only and in accordance with these Terms. You may not use this site in a manner that could damage, disable, overburden, or impair the site or interfere with others’ use and enjoyment of the site.

You agree not to use the Site to:

· Violate any applicable laws or regulations;

· Infringe upon the rights of any third-party;

· Transmit any viruses, worms, defects, or other harmful items;

· Harvest or collect any information about other users of the site;

· Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the site, or which, as determined by us, may harm us or users of the site or expose them to liability.

6. Links to Third-Party Websites

This site may contain links to third-party websites. These links are provided for convenience only and do not constitute endorsement or recommendation. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of third-party websites.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL JULIET MORGAN, MD, PC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

The limitation under this section applies whether any alleged liability is based on contract, tort, negligence, strict liability, or any other basis.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

8. Disclaimer of Warranties

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. JULIET MORGAN, MD, PC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. Juliet Morgan, MD, PC will not be liable for any damages arising out of your use of or inability to access the site.

9. Indemnification

You agree to indemnify, defend, hold harmless, and pay Juliet Morgan, MD, PC and our partners, employees, and affiliates from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the site.

10. Governing Law

These Terms and your use of the site are governed by the laws of the State of California, without regard to its conflict of law principles.

11. Severability

If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

12. Waiver

Any failure on our behalf to exercise or enforce any right or provision under these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be in writing and signed by an authorized representative of Juliet Morgan, MD, PC.

13. Relationship of Parties

Nothing contained in these Terms or your use of the site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

USE OF THE SITE DOES NOT CONSTITUTE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND JULIET MORGAN, MD, PC.

14. Entire Agreement

These Terms constitute the entire agreement between you and Juliet Morgan, MD, PC and governs the terms and conditions of your use of the site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the site. We may revise these Terms at any time by updating and posting the revised terms on the site. Accordingly, you should visit the site and review the Terms periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms signifies and confirms your acceptance of any such changes or amendments to the Terms.

15. Contact Information

If you have any questions about these Terms, please contact us at info@julietmorganmd.sprucecare.com or call us at (415) 853-4572 and we will try to address or resolve your concerns. Response times may vary, but we promise we will take all commercially reasonable steps to ensure that we respond in an efficient, thoughtful, and timely manner.

JULIET MORGAN, MD, PC

Last Updated: November 1, 2024

This site is operated by Juliet Morgan, MD, PC. Throughout the site, the terms “we”, “us” and “our” refer to Juliet Morgan, MD, PC. Your privacy is important to us, and we are committed to protecting your personal information. This Privacy Policy (the “Policy”) outlines and limits how we interact with your personal information when you use the site.

1. No Collection of Personal Data Through Site

We do not collect any personal data or personally identifiable information from you when you use the site. We do not collect, store, or process any information that could be used to identify you, such as your name, address, email address, phone number, or any other personal data.

We do not use cookies or other similar tracking technologies to collect information about your browsing activities on our site. We do not track information about your device and browsing activities on our site your IP address, browser type, operating system, or pages visited.

2. California Privacy Rights Act (“CPRA”) Exemption

As of the effective date of this Policy, the CPRA does not apply to Juliet Morgan, MD, PC. Should our data practices change in the future, this policy will be updated to reflect any relevant changes in compliance.

We will try to accommodate your concerns regarding any of your personal information or this Policy, but we can make no guarantees that we can resolve all accommodation requests in every manner requested.

3. Other Methods of Providing Personal Data

If you become a patient of Juliet Morgan, MD, PC, all communication and clinical care will be documented in your patient medical record, as required by law and professional guidelines. You are entitled to request a copy of these records unless we reasonably believe viewing them could be emotionally harmful to you. If that is the case, we can provide the records to another mental health professional of your choice or prepare a suitable summary.

We abide by all legal standards applicable to medical professionals regarding patient confidentiality and data protection when information is provided to us by you in other methods and not through your use of the site. We understand that any private information that you provide with us may be extremely sensitive. We will take reasonable steps and actions to ensure that your private information is kept confidential and safe by following the applicable laws and practice guidelines. There are, however, certain circumstances where confidentiality may not be maintained, including:

· Immediate Risk of Harm: If your physician suspects that you are in immediate danger of harming yourself, others, or if a child or elderly person is being abused or neglected or a child is witnessing abuse or has been abused in the past, in accordance with mandated reporting laws.

· Duty to warn/duty to protect: If we believe that you are in physical or emotional danger or a danger to another human being, we are required by law to contact medical or law enforcement personnel to prevent harm to you or another person. Additionally, we may contact the person in danger.

· Court Order: If a court issues an order requiring the release of your records.

· Dispute Initiated by You: If you file a malpractice lawsuit or a billing dispute with a financial institution.

· Insurance Review: If your insurance company requests to review your case.

· Credit Card Payment: If you pay by credit card, our name will appear on your statement.

· Collection of Unpaid Bills: If a bill is unpaid, the outstanding balance (which includes diagnostic and procedural codes) may be sent to a collections agency or other responsible party.

· Internal Communications: Communication between your physician and our administrative staff or professional colleagues involved in your care.

· Covering Physicians: A covering physician needing access to your medical chart or requiring information about you in order to provide care.

4. Health Insurance Portability and Accountability Act (“HIPAA”)

Information provided to us outside of the site—whether through in-person visits, phone calls, secure messaging, or other direct methods of communication—will be protected under HIPAA as applicable. HIPAA regulations are designed to protect the privacy of patients’ medical information, and we are fully compliant with these standards to ensure the confidentiality and security of your health information.

5. Children’s Privacy

Our site is not intended for children under thirteen (13) years of age. The use of our site by minors is strongly regulated. No one under the age of thirteen (13) may provide any personal information or data to or on our site or services. We do not knowingly collect personal information from children under the age of thirteen (13), unless provided by the minor’s parent or legal guardian. If you are under thirteen (13), do not use or provide any information on this site, our services, through any of their features, use any interactive or public comment features of the site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any user name you may use. If we learn we have collected or received personal information from a child under thirteen (13) without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under thirteen (13), please contact us immediately.

We comply with the requirements of the Children’s Online Privacy Protection Act. You must be at least eighteen (18) years old to have our permission to use the site. If you are between the ages of thirteen (13) and seventeen (17), or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to this Policy.

6. Third-Party Communications

Our site uses Spruce Health App, a HIPAA-compliant digital care platform (“Spruce”), as a means of secure communication. We do not use email as a regular means of patient communication. Emails can potentially be intercepted, accessed, or altered by unauthorized individuals, which means that sensitive information such as personal health details might be at risk of exposure. Spruce is a third-party entity, outside our control, that provides us with the online communication platform that allows us to communicate in a manner that ensures your privacy and the security of your medical information. Use of Spruce is subject to its own policies, namely Spruce’s terms of service and privacy policy, which can be found on their site. We do not control, update, or change these policies. It is your responsibility to review, know, adhere, and agree to Spruce’s policies when using Spruce. Please refer to those policies to understand how your personal information is collected, stored, and used by Spruce.

Please sign up for Spruce to receive messages via the following link:

spruce.care/JulietMorganmd.

We do not own, control, or operate Spruce, a third-party application that may be utilized in connection with the services provided by us. We are not responsible for any actions, omissions, or functionality of Spruce, including but not limited to its availability, security, or any data processing conducted through its platform. By registering with and using Spruce, you acknowledge and agree that Spruce is governed by its own terms, conditions, and privacy policies, which are separate from those of Juliet Morgan, MD, PC. You agree to adhere to Spruce’s applicable policies and assume all risks associated with your use of the Spruce platform.

7. Security

While our site does not collect personal data, we are committed to providing a safe and secure browsing experience. Our site follows best practices in cybersecurity to protect the integrity and accessibility of our content.

Communications sent through Spruce will be governed by Spruce’s privacy policy and will be subject to the security requirements and protocols used by Spruce.

We take reasonable organizational, technical, and physical security measures to protect personal information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe personal information has been compromised, please promptly contact us.

8. Links to Third-Party Sites

This site may contain links to external sites that are not operated by us. We are not responsible for the privacy practices or content of these third-party sites. If you click on a third-party link, you will be directed to that third-party’s site. We strongly advise you to review the privacy policy and terms of service of every site you visit, as we are not responsible for the content or practices of third-party sites.

9. Updates to Policy

We reserve the right to update or modify this Policy at any time, without prior notice to you. Such changes, modifications, additions, or deletions will be posted on this page, and shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an e-mail to any e-mail address provided by you or posting the revised policy on this page. The “Last Updated” date at the top will be revised accordingly. You acknowledge and agree that it is your responsibility to review the site and this Policy and be aware of any modifications. We recommend reviewing this Policy periodically to stay informed about our practices.

Your continued use of the site after any modification, change, or update to our Policy will constitute your: (a) acknowledgment of the modified policy; and (b) agreement to abide and be bound by the modified Policy.

10. Contact Us

If you have any questions about this Policy, please contact us at info@julietmorganmd.sprucecare.com and we will try to address or resolve your concerns. Response times may vary, but we promise we will take all commercially reasonable steps to ensure that we respond in an efficient, thoughtful, and timely manner.