Ketamine Terms and Conditions | Alevea Mental Health

Acceptance of Terms of Use Please carefully read these Terms of Use ("Terms," "Terms of Use"), which govern your use of www.aleveamentalhealth.com (the “Site”), the Alevea Mental Health mobile app (the "App"), and the services (the “Service”) operated by Alevea Mental Health LLC (“Alevea Mental Health,” "us," "we," or "our") and constitute a binding agreement between you and Alevea Mental Health.

Your access to and use of the Site, App, and Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By checking the “I agree” box when creating an Alevea Mental Health account, or otherwise accessing or using the Site, App, or Service, you agree to be bound by these Terms as well as Alevea Mental Health’s Privacy Policy and the Notice of Privacy Practices for Alevea Mental Health LLC. If you disagree or refuse to comply with any part of any of these Terms, then you do not have permission to access the Site, App, or Service.

Your Relationship with Us Alevea Mental Health provides non-clinical administrative and operational services to independent mental health practices. Alevea Mental Health is a mental health practice itself, but has no ownership interest in the affiliated practices, does not have control over the clinical decision-making of the affiliated practices, and is not responsible for the quality of care provided by the affiliated practices. The professional mental health services provided by the affiliated practices and the non-clinical Site and App services provided by Alevea Mental Health are collectively referred to in this Terms of Use as the “Service.”

Marketing By either providing your cell phone number and email address to Alevea Mental Health or otherwise consenting to these Terms of Use, you are providing prior express written consent to be contacted by or on behalf of Alevea Mental Health and its affiliated providers (including marketing and telephonic sales communications). This includes emails to your email address and calls and text/SMS messages to the cell phone number that you provided to Alevea Mental Health, including those placed using any kind of automated system for the selection or dialing of telephone numbers or automatic telephone dialing system and the playing of an artificial or recorded message when a connection is completed to a number called, and the transmission of prerecorded and/or artificial voice messages. You may opt-out of receiving text and SMS messages from Alevea Mental Health or its affiliated providers at any time by replying with the word STOP from the mobile device receiving the messages. You are not required to directly or indirectly provide this consent or sign the written agreement or agree to enter into such an agreement as a condition of purchasing any property, goods, or services from Alevea Mental Health. However, you acknowledge that opting out of receiving text (SMS) messages may impact your experience with the service(s) that rely on communications via text (SMS) messaging. If you wish to create an account or use Alevea Mental Health’s products and services without providing consent to sales or marketing messages, please send an email to support@aleveamentalhealth.com indicating your decision, so that we can ensure you do not receive any marketing or sales messages. You will still receive informational and transactional messages if you choose to use our service.”

Disputes and Arbitration Provision Any controversy, dispute or claim arising out of, or relating in any way to these Terms or your use of the Site, App, or Service will be resolved by confidential binding arbitration rather than in court. This arbitration agreement includes controversies, disputes, or claims that arose or involve facts occur before the existence of this or any prior version of these Terms of Use as well as claims that may arise after the termination of these Terms of Use.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. Your claims cannot be brought as a class action. However, an arbitrator can award on an individual basis the same damages and relief as a court. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

To begin an arbitration proceeding, you must first send a written letter to Alevea Mental Health concerning your claim. The letter should be addressed to: Alevea Mental Health LLC Attn: Legal Office, [Address]. If Alevea Mental Health elects to begin an arbitration proceeding, it will send you a written letter to the most recent address we have on file or in our records for you. A letter, whether sent by you or by Alevea Mental Health, must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Alevea Mental Health and you do not reach an agreement to resolve the claim within thirty (30) days after the letter is received, you or Alevea Mental Health may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Alevea Mental Health or you prior to the arbitration shall not be disclosed to the arbitrator. To initiate arbitration, you may download a “demand for arbitration” form from the American Arbitration Association (“AAA”) at www.adr.org. The arbitration shall be conducted before one commercial arbitrator from the AAA, and will be governed by the AAA’s Consumer Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes.

Alevea Mental Health and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. If for any reason a claim proceeds in court rather than in arbitration, Alevea Mental Health and you each waive any right to a jury trial. Notwithstanding anything to the contrary herein, Alevea Mental Health and you agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights of the other party.

Purchases If you wish to purchase any product or service made available through the Service (individually and collectively, a "Purchase"), you may be asked to supply certain information relevant to your Purchase, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that (i) any credit / debit card information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit/debit card company, (iii) you will pay the charges incurred in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the credit / debit card was issued, and you are authorized to make a purchase or other transaction with the relevant credit / debit card and information.

The Service may employ the use of third-party services for the purpose of facilitating the payment and completion of any Purchase. By submitting your information, you grant us the right to provide the information to these third parties pursuant to our Privacy Policy.

For your convenience and to simplify the purchase process, our products and/or services may list a single total price for the collective products and/or services included in this purchase. If the product and/or services include mental health services from our affiliated practices and/or prescription medication, the total price includes the amounts charged by the affiliated practices for their services and/or the pharmacies for prescription medication. These charges are collected by Alevea Mental Health on behalf of the third-parties.

Purchases

If you wish to purchase any product or service made available through the Service (individually and collectively, a "Purchase"), you may be asked to provide certain information relevant to your Purchase, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) any credit/debit card information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit/debit card company, (iii) you will pay the charges incurred in the amounts posted, including any applicable taxes, and (iv) you are the authorized cardholder and have the authority to make a purchase or transaction using the provided credit/debit card and information.

The service may utilize third-party services to facilitate payment and completion of any Purchase. By submitting your information, you grant us the right to share the information with these third parties in accordance with our Privacy Policy.

For your convenience and to streamline the purchase process, our products and/or services may list a single total price for the bundled products and/or services included in the purchase. If the products and/or services include medical services from our affiliated Medical Groups and/or prescription medication, the total price includes the charges levied by the Medical Groups for their services and/or the pharmacies for prescription medication. These charges are collected by Alevea Mental Health on behalf of and paid to these Medical Groups and pharmacies.

Agreement for Self-payment of Services

Alevea Mental Health and our affiliated Medical Groups are committed to delivering high-quality healthcare services. We do not participate in any insurance plans, including Medicare or Medicaid, and we do not accept any health insurance. Our services are entirely self-pay by our patients, and you agree to be fully responsible for payment of the listed price of the services.

Your insurance policy is a contract between you and your insurance company. It is your responsibility to understand your benefits, including how they apply to your benefit payments. We do not assume any responsibility to comprehend or be bound by the terms and conditions of your insurance. By agreeing to use our services, you are choosing to purchase services that may or may not be covered by your insurance if obtained from a different provider. There is no guarantee that your insurance company will make any payment towards the cost of the services you have purchased.

Consent for Recurring Payments

For products and/or services with recurring payments, the payment method you provided will be automatically charged at regular intervals as described during the checkout process. If a credit card/debit card account is used for a transaction, Alevea Mental Health may obtain preapproval for an amount up to the payment total. If you wish to designate a different payment method or need to update your payment information, please email support@aleveamentalhealth.com to facilitate this change.

Availability, Errors, and Inaccuracies

We continuously update our product and service offerings on the Site, App, and Service. However, there may be delays in updating information on the Site, App, or Service and in our advertisements on other websites. The information provided on the Site, App, or Service may unintentionally contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, inaccurately described, or unavailable on the Site, App, or Service, and we cannot guarantee the accuracy or completeness of the information found on the Service.

Therefore, we reserve the right to change or update any information and correct any errors, inaccuracies, or omissions on or in connection with the Site, App, Service, these Terms, or any other relevant materials, at any time and without prior notice.

Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotional activities (collectively referred to as "Promotions") available through the Service may have separate rules that supplement or supersede these Terms. If you choose to participate in any Promotions, please carefully review the applicable terms and rules, as well as our Privacy Policy. In the event of any inconsistency or conflict between the terms or rules of a Promotion and these Terms of Use, the conflicting terms or rules of the Promotion will prevail.

Accounts

When you create an account with Alevea Mental Health LLC or use our Service, you represent and warrant that: (i) you have the legal capacity and agree to comply with these Terms; (ii) you are above the age of eighteen (18); (iii) you will not use the Site, App, or Service for any unlawful or unauthorized purpose; and (iv) the information you provide to us is accurate, complete, and up to date. Providing inaccurate, incomplete, fraudulent, or outdated information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password. This includes restricting access to your computer, mobile device, or any other device used to access the Service. You agree to take responsibility for all activities or actions that occur through your account and password, regardless of whether the password is used with our Service or a third-party service. If you suspect or become aware of any security breach or unauthorized use of your account, you must notify us immediately.

You may not use another person's or entity's name as your username, unless you have appropriate authorization. You may not use a name or trademark that is not lawfully available for use or that infringes upon the rights of another person or entity. Furthermore, you may not use a username that is offensive, vulgar, or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

We respect the intellectual property rights of others and have a policy to address claims of copyright infringement. If you are a copyright owner or an authorized representative, and you believe that your copyrighted work has been used in a manner that constitutes copyright infringement, please send a detailed claim via email to support@aleveamentalhealth.com, with the subject line: "Copyright Infringement." Include the following information in your claim, as outlined below, in accordance with the "DMCA Notice and Procedure for Copyright Infringement Claims."

You may be held liable for damages, including costs and attorney's fees, for misrepresentation or fraudulent claims regarding the infringement of any content found on the Site, App, or Service.

DMCA Notice and Procedure for Copyright Infringement Claims

To submit a notification under the Digital Millennium Copyright Act (DMCA), please provide our Copyright Agent with the following information in writing (refer to 17 U.S.C 512(c)(3) for more details):

(i) A physical or electronic signature of the authorized person acting on behalf of the copyright owner or other exclusive rights holder allegedly infringed. (ii) Identification of the copyrighted work (or a list of works if multiple works at a single online site are covered by one notification) claimed to have been infringed, including the relevant URL (web page address). (iii) Identification of the material claimed to be infringing and sufficient information to locate the identified material. (iv) Contact information, including your address, telephone number, and email address. (v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information provided in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner or other exclusive rights holder allegedly infringed.

You can reach our Copyright Agent via email at support@aleveamentalhealth.com.

Intellectual Property

Unless otherwise specified, all content, features, and functionality of the Site, App, and Service (referred to as "Content"), as well as our trademarks, service marks, logos, and trade dress (referred to as "Marks"), are and will remain the exclusive and proprietary property of Alevea Mental Health LLC and its licensors, successors, and/or assigns. The Content, Marks, Site, App, Service, and related materials are protected by copyright, trademark, and other applicable laws and regulations of the United States, foreign jurisdictions, and international conventions. Without the prior written consent of Alevea Mental Health LLC, you may not: (i) copy, reproduce, aggregate, republish, upload, post, display, encode, reverse-engineer, sell, license, or otherwise exploit the Content or Marks; or (ii) use them in connection with any product or service. All rights to the Site, Service, Content, and Marks not expressly granted to you are reserved by Alevea Mental Health LLC.

Links to Other Websites

The Site, App, or Service may include links to third-party websites or services that are not owned or controlled by Alevea Mental Health LLC.

Alevea Mental Health LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not endorse the offerings of any third parties or their services or websites.

You acknowledge and agree that Alevea Mental Health LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party websites or services.

We strongly recommend that you read the terms and conditions and privacy policies of any third-party websites or services you visit.

Electronic Communications

By visiting the Site or App or sending emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via email or by posting notices on the Site or App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Termination

We reserve the right to terminate or suspend your account and/or restrict your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever. This includes, but is not limited to, instances where you breach these Terms or our Privacy Policy, or if your use of the Services may potentially cause us legal liability, disrupt the Services, or disrupt others' use of the Services. In the event of a curable breach or infringing activity, we may, at our sole discretion, provide you with reasonable notice of such breach or activity to give you an opportunity to remedy the situation before terminating or suspending your account.

If you wish to terminate your account, you can simply discontinue using the Service. You are free to stop using the Services at any time.

All provisions of the Terms that, by their nature, should survive termination will survive termination. This includes ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

Limitation of Liability

In no event shall Alevea Mental Health LLC or the Indemnified Parties be liable for any indirect, incidental, special, consequential, or punitive damages (whether or not we have been informed of the possibility of such damages) arising from any causes of action. This includes, but is not limited to, loss of profits, data, use, goodwill, or other intangible losses resulting from: (i) your access to or use of (or inability to access or use) the Site, App, or Service, or any performance error, omission, or interruption in connection thereto; (ii) any conduct or content of any third party on the Site, App, or Service; (iii) any content obtained from the Site, App, or Service; and (iv) unauthorized access, use, or alteration of your transmissions or content. This applies whether based on warranty, contract, tort (including negligence), or any other legal theory or basis, even if a remedy set forth herein is found to have failed its essential purpose.

Disclaimer

Your use of the Site, App, and Service is at your sole risk. They are provided on an "AS-IS" and "AS AVAILABLE" basis. The Site, App, and Service are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Neither Alevea Mental Health LLC nor the Indemnified Parties warrant that: (i) the Service will function uninterrupted, securely, or be available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

Exclusions

If certain jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages, the limitations stated herein will apply to you only to the extent permitted by applicable law.

Governing Law

These Terms, including the formation of this Agreement between You and Alevea Mental Health LLC, shall be governed and construed in accordance with the laws of the state of Arizona, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede any prior agreements we might have had regarding the Service.

Changes

We reserve the right, at our sole discretion, to amend, modify, or replace these Terms at any time. If a revision includes a material change, we will provide at least thirty (30) days' notice prior to the new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

If you have any questions about these Terms, please contact us at the following addresses:

Email: support@aleveamentalhealth.com

Cancelation and Refund Policy

We are not able to accept returns for prescription medication, but we do want to provide you with options if Alevea Mental Health Home Therapy is not the right choice for you at this time. If you choose to cancel your Home Therapy program, you may be eligible for a full or partial refund according to the guidelines below.

You will receive a full refund if you cancel before your initial consultation with a provider and provide at least 24 hours' notice.

You are also eligible for a full refund if you complete your initial consultation, and your clinician determines that you are not a good candidate for treatment at this time.

If you cancel before your initial consultation and provide less than 24 hours' notice or cancel after, you will be charged a $150 cancellation fee.

If you cancel after your initial consultation but before the medication for Sessions 1 and your KetaKit are shipped, you will be charged a $149 cancellation fee.

If you cancel after your initial consultation but before the medication for Sessions 2-6 is shipped, you will only be charged $299, and the rest of the charges for your program will be refunded.

If you cancel after the medication for Sessions 2-6 is shipped, you are not eligible for any refund.