Effective Date: April 2024

 THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

 This Notice of Privacy Practices (“Notice”) describes how Osier Health, P.C., a Colorado professional corporation (“Willow Health” “we,” “our,” or “us”) may use and disclose your health information to carry out treatment, payment, or health care operations and for other legally permissible purposes, as well as your rights to access and control that information.

We are required by law to maintain the privacy of your health information, to provide you with this Notice of our legal duties and privacy practices with respect to your health information, and to notify you in the event of a breach of your unsecured health information. When we use or disclose your health information, we are required to abide by the terms of this Notice (or other notice in effect at the time of the use or disclosure).

Permissible Uses and Disclosures Without Your Written Authorization

In certain situations, which we will describe in “Uses and Disclosures Requiring Your Written Authorization” below, we must obtain your written authorization in order to use and/or disclose your health information.

However, unless the health information is Highly Confidential Information (as defined in “Uses and Disclosures Requiring Your Written Authorization” below) and the applicable law regulating such information imposes special restrictions on us, we may use and disclose your health information without your written authorization for the following purposes:

A. Treatment. We use and disclose your health information to provide treatment and other services to you. For example, we may use your information to provide healthcare services to you or consult with your other healthcare providers about your care. We may use your information to direct or recommend alternative treatments, therapies, health care providers, or settings of care to you or to describe a health-related product or service. We may also disclose health information to other providers involved in your treatment.

B. Payment. We may use and disclose your health information to obtain payment for healthcare services that we provide to you. For example, disclosures to verify your eligibility with, and claim and obtain payment from, your health insurer, HMO, Medicare, Medicaid, or other company or program that arranges or pays the cost of your health care. We may also disclose health information to your other health care providers when such health information is required for them to receive payment for services they render to you.

C. Health Care Operations. We may use and disclose your health information for our health care operations, which include internal administration and planning and various activities that improve the quality and cost effectiveness of the care that we deliver to you. For example, we may use health information to evaluate the quality and competence of our healthcare professionals, provide customer service, and to coordinate your care.

D. Business Associates. We use certain vendors and subcontractors (called “business associates”) to help us operate our business, and we may share your health information with these business associates so that they can perform the job we have asked them to do. To further protect your health information, we require our business associates to appropriately safeguard your health information by contract.

E. Disclosure to Relatives, Close Friends, and Other Caregivers. We may use or disclose your health information to a family member, other relative, a close personal friend or any other person identified by you when you are present for, or otherwise available prior to, the disclosure, if: (1) we obtain your agreement or provide you with the opportunity to object to the disclosure and you do not object; or (2) we reasonably infer that you do not object to the disclosure.

If you are not present for or unavailable prior to a disclosure (e.g., when we receive a telephone call from a family member or other caregiver), we may exercise our professional judgment to determine whether a disclosure is in your best interests. If we disclose information under such circumstances, we will disclose only information that is directly relevant to the person’s involvement with your care.

F. As Required by Law. We may use and disclose your health information when required to do so by any applicable federal, state, or local law.

G. Public Health Activities. We may disclose your health information: (1) to report health information to public health authorities for the purpose of preventing or controlling disease, injury or disability; (2) to report child abuse and neglect to a government authority authorized by law to receive such reports; (3) to report information about products under the jurisdiction of the U.S. Food and Drug Administration; (4) to alert a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading a disease or condition; and (5) to report information to your employer as required under laws addressing work-related illnesses and injuries or workplace medical surveillance.

H. Victims of Abuse, Neglect or Domestic Violence. We may disclose your health information if we reasonably believe you are a victim of abuse, neglect or domestic violence to a government authority authorized by law to receive reports of such abuse, neglect, or domestic violence.

I. Health Oversight Activities. We may disclose your health information to an agency that oversees the healthcare system and is charged with responsibility for ensuring compliance with the rules of government health programs such as Medicare or Medicaid.

J. Judicial and Administrative Proceedings. We may disclose your health information in connection with a judicial or administrative proceeding in response to a legal order or other lawful process.

K. Law Enforcement Officials. We may disclose your health information to the police or other law enforcement officials as required by law or in compliance with a court order.

L. Decedents. We may disclose your health information to a coroner or medical examiner as authorized by law.

M. Organ and Tissue Procurement. We may disclose your health information to organizations that facilitate organ, eye or tissue procurement, banking, or transplantation.

N. Clinical Trials and Other Research Activities. We may use and disclose your health information for research purposes pursuant to a valid authorization from you or when an institutional review board or privacy board has waived the authorization requirement. Under certain circumstances, your health information may be disclosed without your authorization to researchers preparing to conduct a research project, for research or decedents or as part of a data set that omits your name and other information that can directly identify you.

O. Health or Safety. We may use or disclose your health information to prevent or lessen a serious and imminent threat to a person’s or the public’s health or safety.

P.  Specialized Government Functions. We may use and disclose your health information to units of the government with special functions, such as the U.S. military or the U.S. Department of State under certain circumstances.

Q. Workers’ Compensation. We may disclose your health information as authorized by and to the extent necessary to comply with state law relating to workers’ compensation or other similar programs.

Uses and Disclosures Requiring Your Written Authorization

For any purpose other than the ones described above in “Permissible Uses and Disclosures Without Your Written Authorization”, we only use or disclose your health information when you give us your written authorization.

A. Marketing. We must obtain your written authorization prior to using your health information for purposes that are marketing under the HIPAA privacy rules. For example, we will not accept any payments from other organizations or individuals in exchange for making communications to you about treatments, therapies, health care providers, settings of care, case management, care coordination, products or services unless you have given us your authorization or the communication is permitted by law.

We may provide refill reminders or communicate with you about a drug or biologic that is currently prescribed to you so long as any payment we receive for making the communication is reasonably related to our cost of making the communication. In addition, we may market to you in a face-to-face encounter and give you promotional gifts of nominal value without obtaining your written authorization.

B. Sale of health information. We will not make any disclosure of Protected Health Information that is a sale of health information without your written authorization.

C. Uses and Disclosures of Your Highly Confidential Information. Federal and state law requires special privacy protections for certain health information about you (“Highly Confidential Information”), including information regarding substance use disorders, mental health, HIV/AIDS and other communicable disease, and other health information that is given special privacy protection under state or federal laws other than HIPAA. In order for us to disclose any Highly Confidential Information for a purpose other than those permitted by law, we must obtain your authorization.

D. Revocation of Your Authorization. You may revoke your authorization, except to the extent that we have already acted in reliance upon it, by delivering a written revocation statement to us at our contact information identified below.

Your Individual Rights

A. For Further Information; Complaints. If you desire further information about your privacy rights, are concerned that we have violated your privacy rights or disagree with a decision that we made about access to your health information, you may contact us. You may also file written complaints with the Office for Civil Rights of the U.S. Department of Health and Human Services (“OCR”). Upon request, we will provide you with the correct address for OCR. We will not retaliate against you if you file a complaint with us or OCR.

B. Right to Request Additional Restrictions. You may request restrictions on our use and disclosure of your health information (1) for treatment, payment and healthcare operations, (2) to individuals (such as a family member, other relative, close personal friend or any other person identified by you) involved with your care or with payment related to your care, or (3) to notify or assist in the notification of such individuals regarding your location and general condition. While we will consider all requests for additional restrictions carefully, we are not required to agree to a requested restriction unless the request is to restrict our disclosure to a health plan for purposes of carrying out payment or health care operations, the disclosure is not required by law and the information pertains solely to a health care item or service for which you (or someone on your behalf other than the health plan) have paid us out of pocket in full. If you wish to request additional restrictions, please obtain a request form from us and submit the completed form to us. We will send you a written response.

C. Right to Receive Communications by Alternative Means or at Alternative Locations. You may request, and we will accommodate, any reasonable written request for you to receive your health information by alternative means of communication or at alternative locations.

D. Right to Inspect and Copy Your Health Information. You may request access to your medical record file and billing records maintained by us in order to inspect and request copies of the records. Under limited circumstances, we may deny you access to a portion of your records. If you desire access to your records, please obtain a record request form from us and submit the completed form to us. If you request copies, we may charge you a reasonable copy fee.

E. Right to Amend Your Records. You have the right to request that we amend your health information maintained in your medical record file or billing records. If you desire to amend your records, please obtain an amendment request form from us and submit the completed form to us. We will comply with your request unless we believe that the information that would be amended is accurate and complete or other special circumstances apply.

F. Right to Receive an Accounting of Disclosures. Upon request, you may obtain an accounting of certain disclosures of your health information made by us during any period of time prior to the date of your request provided such period does not exceed six years. If you request an accounting more than once during a twelve (12) month period, we may charge you a reasonable fee for the accounting statement.

G. Right to Receive Paper Copy of this Notice. Upon request, you may obtain a paper copy of this Notice, even if you agreed to receive such notice electronically.

Changes to This Notice

We may change the terms of this Notice at any time. If we change this Notice, we may make the new notice terms effective for all your health information that we maintain, including any information created or received prior to issuing the new notice. If we change this Notice, we will update the “Effective Date” at the top of this Notice and post the new notice on our website at www.willowbehavioralhealth.com. You also may obtain any new notice by contacting us.

Contact Information

You may contact us at:

Willow Health

2248 Broadway #1073, New York, NY 10024

646-814-1530

privacy@willowbehavioralhealth.com

Last Updated: June 2024

This Privacy Policy explains how Willow Health, Inc. (“Willow”, “we”, “us”, or “our”) processes Personal Data (i.e., information that reasonably identifies a specific individual) collected through our website (www.willowbehavioralhealth.com) and other online services that link to this Privacy Policy (collectively, the “Services”), and other online and offline interactions. 

This Privacy Policy does not apply to “protected health information” that is subject to the Health Insurance Portability and Accountability Act (“HIPAA”). We handle protected health information when we perform services on behalf of healthcare providers and health plans that are “covered entities” under HIPAA. Where this is the case, we are a “business associate” and we process protected health information in accordance with our written contracts with our clients. We encourage you to review the relevant healthcare provider or health plan’s HIPAA Notice of Privacy Practices for more information and to exercise your rights under HIPAA. Osier Health P.C.’s Notice of Privacy Practices is available here: www.willowbehavioralhealth.com/legal#security.

This Privacy Policy also does not apply to job applicants or our employees, contractors, or agents.

We may update this Privacy Policy from time to time. Any updated Privacy Policy will be effective when posted. Please check this Privacy Policy periodically for updates.

If you have any questions or concerns after reading this Privacy Policy, please do not hesitate to contact us using the contact information at the end of this Privacy Policy.

Sources of Personal Data

We collect Personal Data about you from the following sources:

● Directly from you. For example, we may collect Personal Data you provide to us when you fill out a “Contact Us” form on the Services.

● Data collected automatically and through tracking technologies. For example, we may automatically collect information about you through cookies and other tracking technologies when you interact with our Services. This may include information about how you use and interact with our Services, information about your device, and internet usage information.

● From third parties. We may collect Personal Data from third parties, such as service and content providers and our business customers that employ or contract with you.

Personal Data We Collect

When you use the Services, we may collect the following types of Personal Data.

● Direct Identifiers. We collect information that directly identifies you, such as your name, email address, phone number and IP address.

● Records about you. We collect information about your interactions with us, such as the content of messages you send to us.

● Internet or other electronic network activity information. We may use common information-gathering tools, such as log files, cookies, web beacons, and similar technologies to automatically collect information, such as Internet Protocol (IP) address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information, and date/time stamps associated with your usage.

● Non-precise geolocation data. We may collect generalized geolocation data, such as your location as derived from your IP address.

● Professional or employment-related information, such as job title, company, professional licenses, credentials, affiliations, and other professional information.

How We Use Personal Data

We may use Personal Data for the following purposes.

 ● To provide you Services. For example, we may use Personal Data to make our Services available to you, provide customer service, communicate with you (including soliciting feedback or responding to requests, complaints, and inquiries), or otherwise facilitate your relationship with us.

 ● For our internal business purposes. For example, we may use Personal Data to operate our business, such as maintaining internal business records, enforcing our policies and rules, management reporting, auditing, and IT security and administration.

 ● For our internal research and product improvement purposes. For example, we may use Personal Data to improve our offerings, such as verifying or maintaining the quality or safety of our Services, improving our Services, designing new products and services, and debugging and repairing errors with our systems, networks, and equipment.

 ● For legal, safety or security reasons. For example, we may use Personal Data to comply with legal, reporting, and similar requirements, including establishing, exercising or defending legal.

 ● In connection with a corporate transaction. For example, we may use Personal Data if we acquire assets of another business, or sell or transfer all or a portion of our business or assets including through a sale in connection with bankruptcy and other forms of corporate change.

● For marketing and targeted advertising. For example, we may use Personal Data we collect to personalize advertising to you (including by developing product, brand, or services audiences and identifying you across devices/sites); to analyze interactions with us or our Services, or to send you newsletters, surveys, questionnaires, promotions, or information about our offerings. You can unsubscribe to our email marketing via the link in the email or by contacting us using the contact information at the end of this Privacy Policy.

● With your consent. In addition to the above Personal Data uses, we will use your information when we have your consent to do so.

We may use anonymized, de-identified, or aggregated information for any purpose permitted by law.

‍How We Disclose Personal Data

We may disclose Personal Data to third parties, including:

● Affiliates and subsidiaries. We may share Personal Data with our parent entities, corporate affiliates, subsidiaries, business units, and other companies that share common ownership.

● Service providers. For example, we share Personal Data with IT providers, internet service providers, web hosting providers, data analytics providers, and companies that provide business support services and financial administration services.

● Law enforcement, government agencies, and other recipients for legal, security, or safety purposes. For example, from time to time we share information to comply with law or legal requirements, to establish, exercise, or defend legal claims.

● Professional consultants. For example, we may share Personal Data with third parties that provide us professional advisory services, including but not limited to, our lawyers, auditors, accountants, or banks.

● Other entities in connection with a corporate transaction. For example, we may share Personal Data with third parties in the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Willow’s corporate entity, assets, or stock (including in connection with any bankruptcy or similar proceedings).

‍Cookies and Other Automatic Data Collection

Our Site uses cookies and other tracking technologies to improve the performance of our site. A “cookie” is a small text file that is placed on your computer or mobile device when you enter a website or a mobile app. It enables the website or mobile app to remember your actions and preferences over a period of time. “Pixels,” “web beacons,” and “tags,” are types of code or transparent graphics that provide analytical information about the user experience. In contrast to cookies, which are stored on a user's computer hard drive, pixels, web beacons, and tags are embedded invisibly on web pages.

To learn more about cookies and similar technologies, please visit www.allaboutcookies.org. Most web and mobile device browsers automatically accept cookies. If you prefer, you can change your browser to prevent that or to notify you each time a cookie is set.

‍Do-Not-Track

Some web browsers incorporate a “Do Not Track” (“DNT”)or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. Because DNT is not uniform across browsers, we do not recognize or respond to browser initiated DNT signals.

‍Data Security & Retention

We maintain reasonable technical and organizational measures designed to protect Personal Data against loss, misuse, alteration, or destruction.

 We retain Personal Data for as long as needed to fulfill the purpose(s) for which we collected it or as needed for compliance with our legal obligations.

‍Children's Privacy

We do not knowingly collect information, including Personal Data, directly from children under the age of 18. If you believe that we have inadvertently collected Personal Data from a child under the age of 18, please contact us using the information in the Contact Us section below, and we will take prompt steps to delete the information.

‍Third Party Links

Our Sites may offer links toother websites which may have information policies and practices different from ours. We do not control and are not responsible for the privacy policies, practices, or content of any third-party websites. We encourage you to review the privacy policies of any third-party website prior to providing them with your Personal Information.

Information for Non-U.S. Residents

The Sites are intended for use in the United States only. If you visit our Sites from outside the United States, some of your Personal Information will be transferred to and stored on our servers, some of which may be located in the United States. Please note that the data protection laws applicable to your Personal Information in the United States may differ from the data protection laws in your country. By providing us with your Personal Information and using our Sites, you acknowledge that your Personal Information will be transferred to and processed in the United States.

 Contact Us

 You may contact us with any questions about this Privacy Policy by email at privacy@willowbehavioralhealth.com.

ACCEPTANCE OF THESE TERMS OF SERVICE:
Osier Health, P.C. (“Willow Health, Inc.,” “Willow Health,” “Willow,” “we,” “us,” or “our”) provides a communication platform for accessing virtual crisis clinic services and related content to you through our website(s) located at www.willowbehavioralhealth.com (the “Site”) and related technologies (collectively with the Site, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
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We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WILLOW ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
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‍DO NOT USE THE SERVICES FOR EMERGENCY OR LIFE-THREATENING MEDICAL MATTERS. FOR ALL LIFE THREATENING MATTERS, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.

Your Privacy: At Willow, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://www.willowbehavioralhealth.com/privacy (the “Privacy Policy”). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

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ACCESS AND USE OF THE SERVICE:
Service Description: Willow offers patients access to our virtual crisis clinic that provides personalized, recovery-oriented care for people experiencing behavioral health crises. For clarity, Willow Health, Inc. provides administrative, management and other non-clinical services. All professional medical services provided to you are provided by Osier Health, P.C. and its affiliated healthcare providers.
Willow does not provide any medical services, including via the Services. Rather, Willow provides a technology platform for you to access a healthcare provider who is employed or contracted with a Willow-affiliated medical practice and obtain access to additional information. You understand that by coordinating and consulting with an affiliated physician practice or its healthcare providers through the Services, you are not entering into a provider-patient relationship with Willow.  Other than the guidance and advice you receive directly to you from your healthcare provider, the graphics, educational and research sources and other incidental information on the Site, should not be considered medical advice.  You should never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified healthcare provider solely because of information you saw on the Site.  
Your Registration Obligations: You may be required to register with Willow or provide information about yourself in order to access and use certain features of the Service. You agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Willow of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Willow will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Modifications to Service: Willow reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Willow will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
‍General Practices Regarding Use and Storage: You acknowledge that Willow may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Willow’s or its third-party service providers’ servers on your behalf. You agree that Willow has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Willow reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Willow reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

CONDITIONS OF ACCESS AND USE:
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Willow, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Willow. Willow reserves the right to investigate and take appropriate legal action against anyone who, in Willow’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:
(a) Email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Willow, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Willow or its users to any harm or liability of any type;
(b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
(c) violate any applicable local, state, national, or international law, or any regulations having the force of law;
(d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) solicit personal information from anyone under the age of 18;
(f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
(h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
(i) obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
(j) circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
(k) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
If you are blocked by Willow from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Competitors: No employee, independent contractor, agent, or affiliate of any competing virtual behavioral health crisis clinic is permitted to view, access, or use any portion of the Service without express written permission from Willow. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Willow or any of its affiliates, or acting on behalf of a competitor of Willow in using or accessing the Service.
Fees: You may elect to pay for certain professional services via the Service. If you elect to make such a payment, you may be required to provide information regarding your credit card or other payment instrument. You represent and warrant to Willow that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Willow or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you dispute any charges you must let Willow know within sixty (60) days after the date that Willow charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change Willow’s prices. If Willow does change prices, Willow will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Willow’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Willow’s net income.
Payment Processing: Notwithstanding any amounts owed to Willow hereunder, WILLOW DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Willow assumes no liability or responsibility for any payments you make through the Service.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any portion of the Service for any commercial purposes. The Service is for your personal use.

MOBILE SERVICES AND SOFTWARE:
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device and (ii) the ability to browse the Service and the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Telephonic Communications Services: By using the Service and providing us with your telephone number(s), you are consenting to be contacted by Willow Health Inc., Osier Health, P.C., and their affiliates or partners by telephone, including on a recorded line or by text message. These communications may include operational notices (e.g., appointment reminders) and are part of your relationship with us. You acknowledge that text messages, phone calls and emails may be unencrypted and carry some risk that the information in the messages, including information about your health, could be read by an unauthorized person. You further acknowledge and agree that we cannot guarantee the security and confidentiality of the unencrypted communications that we send to you, and we are not responsible for any unauthorized access that occurs during or after the transmission of the communications to you.
There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
You may opt out of messages by replying “STOP” to any message you receive. You may reply “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation.
Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Willow, its affiliates, and its licensors (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Willow.
Special Notice for International Use; Export Controls: Willow is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Software or Services is at your sole risk.

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INTELLECTUAL PROPERTY RIGHTS:
Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Willow, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Trademarks: The Willow name and logos are trademarks and service marks of Willow (collectively the “Willow Trademarks”). Other Willow, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Willow. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Willow Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Willow Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will Willow be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Willow does not pre-screen content, but that Willow and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Willow and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Willow, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant Willow and its affiliates, successors and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.
You hereby authorize Willow and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to Willow are non-confidential and Willow will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that Willow may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Willow, its users, or the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

THIRD PARTY SERVICES AND WEBSITES:
The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services''). These Third Party Services include, but are not limited to, services in connection with our virtual and telehealth services, as well as our electronic health records and electronic medical records services. As of the date set forth above, these services are provided by the following providers: Osier Health, P.C., ZENTAKE Inc., Dialpad, Inc., Elation Health, Inc., and Doxy.me Inc. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, including each third party’s Terms of Service made available via each respective site, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Willow has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies and any other applicable terms of the third parties providing Third-Party Services prior to using such services. You, and not Willow, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Willow enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Willow will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

INDEMNIFICATION:
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Willow, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Willow Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Willow will provide notice to you of any such claim, suit, or proceeding. Willow reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Willow’s defense of such matter. You may not settle or compromise any claim against the Willow Parties without Willow’s written consent.

DISCLAIMER OF WARRANTIES:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WILLOW PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.THE WILLOW PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WILLOW PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE WILLOW PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE WILLOW PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID WILLOW IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

DISPUTE RESOLUTION BY BINDING ARBITRATION:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
‍Agreement to Arbitrate: This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Willow, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Willow are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND WILLOW AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WILLOW AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution: Willow is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@willowbehavioralhealth.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Willow should be sent to 2248 Broadway #1073, New York, NY 10024 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Willow and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Willow may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Willow or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Willow is entitled.

Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Willow and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Willow agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  To the extent any Arbitration Fees are not specifically allocated to either Willow or you under the AAA Rules, Willow and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Willow will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Willow will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in these Terms of Service to the contrary, Willow agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Willow written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

TERMINATION:
You agree that Willow, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Willow believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Willow may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Willow may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Willow will not be liable to you or any third party for any termination of your access to the Service.

USER DISPUTES:
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Willow will have no liability or responsibility with respect thereto. Willow reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
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GENERAL:
These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Willow governing your access and use of the Service, and supersede any prior agreements between you and Willow with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Willow submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, NY. The failure of Willow to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Willow, but Willow may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Willow will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Willow’s reasonable control.

NOTICE FOR CALIFORNIA USERS:
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at  Willow Health at 2248 Broadway #1073, New York, NY 10024 and (646) 814-1530.
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U.S. GOVERNMENT RESTRICTED RIGHTS:
The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the Software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including the Software).

QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact us at privacy@willowbehavioralhealth.com or at 2248 Broadway #1073, New York, NY 10024 to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.

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