Terms Of Use

This document outlines the terms and conditions for using Bighillpharma’s platform and its related mental health services. Here’s a quick summary of some key points:

1. Overview of Bighillpharma

 

• Bighillpharma Health is a platform that connects members with licensed mental health practitioners for medical services like therapy and diagnosis. Bighillpharma Inc. handles non-medical services like tech support and platform maintenance, while Bighillpharma P.C. provides the medical services through licensed practitioners.

2. Eligibility

• You must be at least 18 years old or a legal guardian of a minor (13-17 years old) to use the platform.

• You need to provide truthful information during registration and are responsible for maintaining your account’s security.

3. Medical Services

• Medical services are for non-emergency conditions like anxiety, depression, ADHD, PTSD, and more.

• These services are provided by licensed practitioners of Bighillpharma P.C., but Bighillpharma Health itself does not offer medical care directly. The platform is merely a conduit to connect you with practitioners.

4. Payment

• You’ll need to pay for your membership and medical services, which may include cancellation or no-show fees.

• If you have health insurance, you may be able to use it to cover part of the cost.

• Payments are processed via a third-party vendor, and failure to pay may result in account suspension.

5. Data Privacy

• Bighillpharma Health is committed to protecting your personal health information (PHI) and complies with HIPAA standards.

• They will alert you in case of any breach of your PHI and work to mitigate any harm.

6. Account Security

• You’re responsible for keeping your account secure and for any activities under your login credentials.

• If you suspect unauthorized access to your account, you should report it immediately.

• Disclaimer Policy 

7. Medical Advice and Practitioner Independence

• Practitioners are independent contractors and are responsible for providing the medical services. Bighillpharma Health does not control their medical advice or treatment plans.

8. Prohibited Countries

• Medical services are not available to members residing in countries prohibited by U.S. law.

  9. Only Licensed Practitioners Provide Medical Advice
• (a) The Sites provide content for informational and educational purposes only. This includes the entirety of the Sites (including text, images, videos, and blogs), social media, and any information obtained from Bighillpharma’s licensors or third parties, and the logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections and other materials you may view on, access through, or contribute to the Medical Services. This information is collectively referred to as the Sites’ “Content.” The availability of Content to Members does not create a patient-provider relationship. Content does not include professional advice, including medical advice, provided by Practitioners to Members nor does it include information on third-party sites. Content is subject to revision at any time. Additionally, the views and opinions expressed in the Content do not necessarily reflect the official policy or position of Bighillpharma Health. (b) Practitioners are solely responsible for ensuring that Medical Services do not constitute the unlicensed practice of a licensed service in any jurisdiction in which Bighillpharma Health operates. 

  (c) Practitioners alone determine whether a Member is eligible for Medical Services. It is up to the Member to determine whether using the Sites is an appropriate modality for your circumstances. Your Practitioner can help you make this determination. 

  (d) If you have concerns about any medical condition, diagnosis, or treatment, you should personally consult with your Practitioner or other provider. 

  10. Conduct

  (a) You expressly agree not to deceive, harass, stalk, harm, or exploit any other members; distribute spam; collect or record information about other members; or advertise or solicit others to purchase any product or service on the Sites or on any other Bighillpharma Health product or service. Bighillpharma Health reserves the right but does not have an obligation to monitor all conduct on the Sites. 

  (b) Bighillpharma Health may, in its sole discretion, investigate and terminate your membership for any violation of these Conditions of Use. You agree to cooperate fully in any such investigation. Termination of membership is immediate upon Bighillpharma Health’s findings of the following non-exhaustive list: you made a statement that implies an endorsement of Bighillpharma Health without its written consent; you used a robot, spider, or other manual or automatic device or process to retrieve, index, “data min,” or in any way reproduce or circumvent the navigational structure or presentation of Content; you posted, distributed, removed, or reproduced copyrighted material, trademarks, or other proprietary information without obtaining advanced written consent; you interfered with or disrupted the Sites, Content, or Medical Services, or the servers or networks that provide such Sites, Content, or Medical Services; you transmitted material that contains software viruses or other code, files, or programs designed to interrupt, destroy, or limit the functionality of the Sites, Content, Medical Services, hardware, software, or telecommunications equipment; you manipulated Content to disguise the origin of information; you used meta tags, codes, or other devices containing reference to Content, Sites, or Medical Services to direct persons to another website; or you modified, adapted, sublicensed, translated, sold, reverse engineered, deciphered, decompiled, or otherwise disassembled, or conspired to do so or enabled others to do so, to any portion of the Sites, Content, or Medical Services. 

  (c) After termination of your membership, whether voluntarily or by us, you agree that you will not attempt to use Sites, Content, or Medical Services under another name, real or assumed, and further agree that if you violate this restriction after being terminated, or if you violate any of these Conditions of Use during your membership, you will, to the fullest extent permitted by law, indemnify and hold Bighillpharma Health harmless from any liability it may incur as a result of such violation. 

  11. License Grant and Permitted Use

  (a) Unless otherwise expressly stated, Bighillpharma or its licensors or affiliates owns the Sites and Content. The United States, worldwide copyright laws, and treaty provisions protect the Site. To access the Sites, you must reside in the United States or one of its territories. 

  (b) So long as you comply with these Conditions of Use, and subject to the Conditions of Use, Bighillpharma Health hereby grants you a limited, personal, non-exclusive and non-transferable license to use the Sites for as long as your Registration remains active (collectively referred to as “License Grant”). 

  12. Acceptable Use

  (a) You acknowledge and agree that Bighillpharma Health (i) is the exclusive owner (or has the rights of an owner) of all worldwide right to, title to, and interest in the Site, regardless of the format in which it is expressed; and (ii) shall be the exclusive owner of all worldwide right to, title to, and interest in any and all modifications, customization, variations, or adaptations of the Sites based on or substantially similar to the Site. 

  (b) You shall use reasonable means to ensure, through proper instructions and enforcement actions, that access to and use of the Sites by you will be in accordance with the terms of these Conditions of Use and will be made and used solely for proper and legal purposes and will be conducted in a manner that does not violate any law, rule or regulation, or the rights of any third party. 

  (c) Comments on the Sites are the sole responsibility of the writer. We reserve the right to remove any comment that violates these Conditions of Use. 

  (d) Use of the Sites is subject to all terms and conditions of these Conditions of Use, including Bighillpharma Health’s acceptable use policies. You shall not (i) use, permit the use of, or permit access the Sites except in accordance with the terms of these Conditions of Use; (ii) modify, translate, reverse engineer, decompile, disassemble, or attempt to derive or alter any source code of the Site; (iii) engage in, permit or suffer to continue any unauthorized copying of the Site; (iv) distribute, sublicense, sell, assign, transfer, rent, lease, pledge, encumber, disclose to any unauthorized third party, or otherwise allow any unauthorized third party to view, the Site, or make any attempt to do so; (v) alter, remove, obscure or hinder the delivery of any copyright, disclaimer, or proprietary or intellectual property rights notices appearing in the Site; (vi) take any action compromising, or that has the possibility of compromising, the enjoyment and use the Sites by any other member; or (vii) take any action compromising, or that has the potential of compromising, Bighillpharma Health’s rights in the Site. 

  13. Consent to Electronic Communications

  (a) By providing Bighillpharma Health with your email address, you consent to receive unencrypted an unsecured email communication from us. You agree that any notices, agreements, disclosures, or other communications that Bighillpharma Health provides to you by email satisfy any legal communication requirements. 

  (b) Any link sent to you for Medical Services should only be used by the Member for Medical Services and for non-commercial purposes. Public distribution of your link on sites where you are not the primary owner, including but not limited to Wikipedia or coupon websites is expressly prohibited. Promoting your referral link via search engine marketing, including but not limited to AdWords, Yahoo, or Bing, is also expressly prohibited. Bighillpharma health may suspend your membership, registration, and account and revoke all referral credits if it was earned in violation of these terms. 

  (c) You may opt out of text (“SMS”) messaging at any time. To do so, text the word STOP from the mobile device registered with your account to receive messages. You understand that opting out of receiving SMS messages may impact your access to Sites, Content, and Medical Services. 

  14. Security and Privacy

  (a) Bighillpharma Health utilizes encryption methods for Medical Services and Secure Sockets Layer (SSL) protocol for financial transactions. 

  (b) The Sites incorporates a mechanism for verifying the identity of Members by asking for a formal identification number, such as date of birth, driver’s license, or other satisfactory evidence. Though members may choose to utilize a username for participation on the Site, they must offer, at minimum, their full first and last name, home address, and a phone number to confirm identity. Any and all sensitive information stored in Bighillpharma Health database will be safe and protected by our platform. Bighillpharma Health cannot guarantee service will be uninterrupted, timely, or secure. 

  (c) Bighillpharma Health makes every effort to comply with all applicable laws that concern the privacy of online communications. By using the Site, however, you acknowledge that the Internet is neither more nor less secure than other communications media, including mail, facsimile, and telephone services, all of which can be intercepted and otherwise compromised. 

  (d) As a matter of prudence, you are urged to assume that all internet communications are not secure. To learn more about how Bighillpharma Health maintains the privacy and security of its members, please ask us. 

  (e) As a Member, you must exercise good judgment and caution in your use of the Medical Services. You are strictly prohibited from violating or attempting to violate the security of the Medical Services. Any violations may result in criminal, civil or other penalties against you. We may investigate any suspected violations and cooperate with law enforcement agencies in their investigations of such violations. You represent and warrant that you shall not engage in activities that may infringe on the security of the Medical Services. 

  15. Information You Provide

  (a) Bighillpharma Health has the right, but not the duty, to monitor your use of the Site, including any information you provide. Any information you send to Bighillpharma Health by email may be misdirected or intercepted by unintended recipients, and thus it may not constitute a confidential medium of communication. If you have confidentiality concerns, please consider using an alternative mode of communication and do not transmit any sensitive or confidential information to us via email. 

  (b) The Sites provides you the option to communicate with Bighillpharma Health through email. This option is provided solely for your convenience, and it may not be secure. By using it, you agree that Bighillpharma Health is not responsible for the privacy of any email messages. Bighillpharma Health does not warrant the confidentiality or security of any email transmission. 

  (c) If you have questions about our Sites’ privacy policy, please access our Privacy Policy located on our Sites, which is incorporated by reference into these Conditions of Use. We may use comments you choose to share about our Sites and Content for marketing purposes unless otherwise indicated. Any feedback you provide about your experience with Bighillpharma Health is voluntary and optional. You agree not to include PHI in any feedback provided to Bighillpharma Health. Under no circumstances will Bighillpharma Health disclose PHI for marketing purposes unless such disclosure is first consented to by you. Publications of comments will use your first name only. 

  (d) You are responsible for all information you send through the Site. This means that you agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person, or any other information that violates any law or confidentiality agreement. Bighillpharma Health may edit, delete, modify, or ban such information, and take necessary legal action against any member for violation of this policy. Membership may be revoked at any time in the sole discretion of Bighillpharma Health. 

  16. Submissions of Information

  (a) Do not send Bighillpharma Health any ideas, suggestions, materials, concepts, or other information (collectively “Information”) on the Site. Information does not include information provided to Practitioners during Medical Sessions. If you violate this policy and do send Information to Bighillpharma Health, that Information will become the property of Bighillpharma Health. This means that Bighillpharma Health will have unrestricted use of it for its personal and commercial purposes. Bighillpharma Health will not compensate you and will not be liable to you or any other provider of the Information. 

  (b) If you send Information to Bighillpharma Health, you agree: (i) to waive your rights in any Information; (ii) to warrant that it is original to you; (iii) that you have the right to submit it to Bighillpharma Health; and (iv) that you have no recourse against Bighillpharma Health for any alleged or actual infringement or misappropriation of any proprietary right in any Information. 

  (c) Bighillpharma Health is not obligated to maintain the confidentiality of any Information submitted, and Bighillpharma Health disclaims any liability that may result from its disclosure of any Information submitted in violation of its policy. 

  (d) You further agree not to: 

  • Transmit any Information that contains any viruses or other computer programming routines that may damage, interfere with, intercept, or take any system, data, or personal information; 
  • Impose an unreasonably large amount of Information on the Sites or otherwise interfere with or inhibit any other member from using or enjoying the Site; 
  • Transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communications; 
  • Access, use, or copy any portion of the Sites using automated mechanisms, such as bots, spiders, scrapers, web crawlers, or indexing agents; and/or 
  • Impersonate another person or allow any other person or entity to use your identification for interacting on Bighillpharma Health’s social media. 
  17. Intellectual Property

  (a) Except as provided in the License Grant, you may not copy, reproduce, modify, use, republish, upload, post, transmit, or distribute any of the Site, including any trademarks, names, or logo, and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory. Bighillpharma Health reserves all rights not expressly granted. 

  (b) Except as expressly set forth in these Conditions of Use, you shall not do any of the following: (i) modify, reformat, or translate the Content, (ii) license, sell, rent, lease, transfer, assign, distribute, offer, or otherwise commercially exploit the Content, or any portion thereof; (iii) use the Content in any manner that allows any person to access the Content other than as expressly provided for in these Conditions of Use; or (iv) continue to use any Content after the termination of these Conditions of Use. 

  18. Operation of the Site

  (a) Bighillpharma makes all reasonable efforts to keep the Sites operational and available for access on a 24-hour-a-day, seven-day-a-week basis. This is occasionally subject to scheduled downtime for maintenance purposes, unscheduled maintenance, and systems outages. Notwithstanding such maintenance, the Sites offers 24/7 chat access to a care team. 

  (b) Bighillpharma, however, does not provide any assurance or warranty that: (i) access will always be available; (ii) Medical Services will be uninterrupted; (iii) its operation will be error-free; (iv) defects will be corrected; or (v) the servers that operate the Sites are free from viruses or other harmful components. 

  (c) You agree to assume the entire cost of all servicing, repair, or correction to your property arising from your use of the Sites or Content. 

  (d)  Bighillpharma Health may change, modify, add, remove, suspend, cancel, or discontinue any of its Sites, including the functionality, Content, and availability of any of their features in its sole discretion at any time consistent with these Conditions of Use. Your continued use of the Sites, Content, and Medical Services after any such change, modification, addition, removal, suspension, cancellation, or discontinued service demonstrates your consent to them. 

  19. Limitation of Liability

  (a) You assume the risk of participating in our Medical Services.  You further acknowledge that Practitioners are independent contractors of Bighillpharma P.C. and that Bighillpharma assumes no responsibility for any act or omission of any Practitioner. We encourage you to do your own research. 

  (b) You acknowledge that, though a Practitioner may be for Bighillpharma P.C., Bighillpharma cannot predict or asses the utility or effectiveness of Medical Services rendered by a Practitioner for your particular circumstances. 

  (c) Under no circumstances will Bighillpharma Health, their employees, officers, directors, shareholders, or agents be held liable for any indirect, consequential, or punitive damages relative to the Medical Services provided by any of the Practitioner accessed through the Site. Notwithstanding anything in these Conditions of Use, Bighillpharma Health’s total liability to you for any reason is limited to the amount paid, if any, by you to Bighillpharma Health during the term of your membership. 

  (d) ALL INFORMATION IN THE SITES AND CONTENT IS PROVIDED “AS IS.” ACCORDINGLY, BIGHILLPHARMA HEALTH MAKES NO REPRESENTATIONS, AND NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, WITH RESPECT TO THE CONTENT, MEDICAL SERVICES, OR THE SITES OR ANY LINKED WEBSITE. TO THE FULL EXTENT PERMITTED BY LAW, BIGHILLPHARMA HEALTH DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BIGHILLPHARMA HEALTH GIVES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THE SITES, THE CONTENT, MEDICAL SERVICES, OR OF ANY LINKED WEBSITE. 

  (e) By using the Site, you signify that you assume the risk of accessing and using the Content. We do not guarantee the accuracy of the information provided on the Sites and are not responsible for any errors or omissions in the information provided. 

  (f) Bighillpharma Health is not responsible for Members’ damage or loss. You agree that Bighillpharma Health is not responsible to you or others for any loss or damages that result from your use (or non-use) of the Sites or any linked third-party website. This loss or damage includes, but is not limited to, direct, indirect, special, consequential, compensatory damage, incidental damage, lost profits or data, damages to your computer resulting from viruses, loss of or damage to other property, claims of third parties, or copying or display of the Sites or its contents. Bighillpharma Health is not responsible, regardless of whether Bighillpharma Health has been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against Bighillpharma Health is to stop using the Site. 

  20. No Warranty or Guarantee of Outcome

  (a) Bighillpharma Health has made efforts to provide accurate Content about the Medical Services. But any testimonial or example on the Sites does not guarantee that you will receive similar results. Your results will depend on your background, effort, personal circumstances, and many other factors that are beyond the scope of the Site, the Content, or the Medical Services. 

  (b) BIGHILLPHARMA HEALTH MAKES NO GUARANTEE AND NO WARRANTY THAT YOU WILL HAVE ANY SPECIFIC RESULT. FURTHER, BIGHILLPHARMA HEALTH MAKES NO GUARANTEE AND NO WARRANTY THAT THE SITES WILL OPERATE UNINTERRUPTED AND ERROR-FREE. 

  21. Indemnification for Your Use of the Sites, Content, and Medical Services

  (a) Neither Bighillpharma Health, nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, directors, employees, or agents will be liable for any damages including, but not limited to, indirect; incidental; consequential; special; exemplary; or punitive damages. In no event shall Bighillpharma Health nor any licensors, affiliates, subsidiaries or parent companies, nor any respective officers, directors, employees or agents will be liable for any special, indirect, or consequential damages, or damages whatsoever resulting from loss of use or data, whether in an action of contract, negligence, or other tortious action, arising out of or in connection with the use of the Site. Your sole and exclusive remedy for dissatisfaction with Sites, Content, or Medical Services is to stop using the Sites and receiving Medical Services. Bighillpharma Health provides no indemnification of any kind. You may withdraw your consent to Medical Services at any time. 

  (b) By using the Sites, you agree to indemnify Bighillpharma Health from any suit or proceeding made or brought against Bighillpharma Health by a third-party for claims that relate to your use of any portion of the Site, the Content, or Medical Services, your failure to comply with applicable law, your breach of these Conditions of Use, or your breach of any representations and warranties provided to us. 

  22. Links to Third-Party Websites

  (a) Bighillpharma Health may provide links to third-party websites. The Sites occasionally provides links to third-party websites. By clicking on these links, you agree that Bighillpharma Health is not responsible and does control any information on these websites. Third-party websites are unrelated to, and not maintained by, Bighillpharma Health. 

  (b) By clicking on such links, you agree that Bighillpharma Health is not responsible for third-party websites’ content, regardless of whether your access is provided by Bighillpharma Health or by another third-party. Bighillpharma Health does not warrant the accuracy, timeliness, or suitability of the content of any third-party website. 

  (c) By providing a link to a third-party website, Bighillpharma Health does not endorse the products or services of that linked website, nor does it endorse the third-party website’s sponsoring organization. Your sole and exclusive remedy for claims arising from any such third-party products or services is against the third-party provider and not Bighillpharma Health. 

  (d) Third-party websites may provide links to Bighillpharma Health. Bighillpharma Health hereby grants third-party websites the limited right to link to its website. This limited license does not grant the right to “framing” of the Content or grant any other activity that could create a misimpression or confusion among members with respect to sponsorship or affiliation. 

  23. Affiliate Disclaimer

  (a) Pursuant to the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, some of the links are affiliated links. This means that Bighillpharma Health may receive payment if you purchase products or services through such links. Bighillpharma Health only utilizes affiliate links for products or services that its principals have personally used and believe will add value to its visitors and members. 

  24. No Assignment

  (a) The Conditions of Use, licenses, and Registrations may not be transferred or assigned by you but may be assigned by us without restriction. 

  25. Applicable Law and Enforcement of Conditions of Use

  (a) The laws of the state of California, without giving effect to its principles of conflicts of law, govern all adversarial proceedings arising out of these Conditions of Use. If a website visitor or Member takes legal action against us relating to the Site’s privacy policies, the federal and state privacy policies of Bighillpharma P.C., or these Conditions of Use or relating to the visitor’s or Member’s interactions with or relationship to Bighillpharma Health relating to the Site, that visitor or Member agrees to file such action only in the state and federal courts located in California. 

  (b) By using the Sites, you agree that: (i) if any provision of these Conditions of Use is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded; (ii) that if an unenforceable provision is modified or disregarded in accordance with this paragraph, then the rest of these Conditions of Use will remain in effect as written; and (iii) that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable. 

  (c) No waiver of any of these Conditions of Use shall be effective unless it is in writing and signed by the authorized representatives of Bighillpharma Health. No such waiver shall be deemed a further or continuing waiver of such term or any other term or condition of use. 

  (d) These Conditions of Use constitute the entire agreement between you and Bighillpharma Health as it relates to your use of the Site. It does not create any relationship between you and Bighillpharma Health that is not contemplated in these policies. 

  26. Arbitration

  (a) Arbitration offers a faster, less expensive, and more efficient method of resolving disputes than resorting to the court system. Bighillpharma Health has therefore adopted, and Member agrees to adopt, arbitration as its preferred means of resolving disputes arising out of or relating to these Conditions of Use or the subject matter of these Conditions of Use, or any breach of these conditions of use, including any dispute regarding the scope of this clause. Such disputes will be resolved through arbitration administered by the American Health Lawyers Association (“AHLA”) Dispute Resolution Service and conducted under the AHLA Rules of Procedure for Arbitration. Judgment on the award may be entered and enforced in any court having jurisdiction. The arbitrator selected shall have the authority to grant the Member of Bighillpharma Health or both all remedies otherwise available by law. The parties understand they are waiving their right to a jury trial in favor of arbitration. 

  (b) This provision does not include any claims that Member cannot be required to arbitrate as a matter of law or any matters required to be brought before an administrative forum. These Conditions of Use do not preclude the Member from filing a claim or charge with a governmental administrative agency. 

  (c) This agreement to arbitrate disputes does not prohibit the Member or Bighillpharma Health’s right to seek equitable relief from a court, including but not limited to injunctive relief, pending the resolution of a dispute by arbitration. 

  27. No Third Party Beneficiaries

  (a) Except as otherwise expressly provided in the Conditions of Use, no person that is not a party to the Conditions of Use will be a third-party beneficiary of any rights or obligations or be entitled to enforce any rights or obligations. 

  28. Amendments and Modifications

  (a) Bighillpharma Health may amend, modify, or update these Conditions of Use, the Content, or the Medical Services at any time without prior notice. If you use the Sites after any changes, you agree to be bound by the changes. These Conditions of Use and consent forms for Medical Services reflect the sole agreement between the Members and Bighillpharma Health. These Conditions of Use may be electronically signed. Electronic signatures have the same force and effect as handwritten signatures.ED