Terms of Service Agreement
Last Updated: July 2023

 

Terms of Service Agreement

Terms of Service Agreement

Last Updated: July 2023

 

IF YOU ARE EXPERIENCING A LIFE-THREATENING EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. THESE FREE RESOURCES CAN ALSO OFFER IMMEDIATE HELP.

This site is not intended to be used for mental health emergencies.  
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PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES OR CONTENT OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.

The following Terms of Service (the “Agreement”) govern the use of our online interfaces, such as our website and applications, which are owned and controlled by Expressive Arts TheraBeez® Inc. (“Expressive Arts Therabeez,” “TheraBeez”, “Company,” “we,” “us,” or “our”) and apply to your access and use of the services made available via the Expressive Arts TheraBeez® website (“Website”),the Expressive Arts TheraBeez® mobile app (“App”), including but not limited to Expressive Arts TheraBeez® Video Telehealth, the TheraBeez® website (“TB Website”), and the TheraBeez® mobile app (the “TB App(s)”) (all hereinafter collectively, “Sites").

This website is owned and operated by Expressive Arts TheraBeez® located at 9745 E. Hampden Ave, Suite 401, Denver CO 80231.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

YOUR CONTINUED USE OF THE SERVICES IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.

If you don’t agree with the new Terms of Service, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms of Service is effective, that means you agree to all of the changes.

We are committed to making the Sites accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any content, feature, or functionality of a Site, please contact us.  
 

Table of Contents

Last Updated: July 2023  

Highlights of the Agreement  
Use Of Our Services  
Payments  
Our Rights  
Your Use of Our Sites  
Your Content  
Important Things to Know  
COMPLETE AGREEMENT  
USE OF SERVICES  
Teletherapy  
Therapist Matching  
PAYMENTS  
Cancellations  
Refunds  
SERVICES AND SITES  
OUR INTELLECTUAL PROPERTY RIGHTS  
YOUR AUTHORIZED USE OF OUR SITES  
DOWNLOADS  
MOBILE APPLICATIONS  
ACCOUNTS  
THIRD-PARTY CONTENT AND LINKS  
Third-Party Links  
CONTENT SUBMITTED BY YOU  
User Content License  
Interactive Chat and Chatbots  
Copyright Infringement Notices  
UPDATES TO THIS AGREEMENT  
OTHER POLICIES  
IMPORTANT LEGAL TERMS  
Termination  
Children  
Disclaimer of Warranty  
Limitation of Liability  
Indemnity  
Consent to Communication  
SMS/Text Communications  
Severability  
DISPUTES, ARBITRATION AND CLASS ACTION WAIVER  
INTERNATIONAL USERS  
CONTACTING US  
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Highlights of the Agreement

This Terms of Service Agreement (the “Agreement”) is a legal agreement exclusively between you and Expressive Arts TheraBeez® governing your use of our Sites. By continuing to use our Sites, you agree that such use is legally sufficient consideration under this Agreement.

This Highlights section is intended to provide you with a basic overview of the contents of this Agreement. However, please read this entire Agreement for a complete understanding of the terms you are agreeing to. The meaning of capitalized words can be found in the full Agreement. If there is a conflict between the terms of this “Highlights” section and the terms of the full Agreement, the terms of the full Agreement control.

1. Use Of Our Services

Read more about our Services.

2. Payments

Read more about our Payment terms.

3. Our Rights

Read more about our rights and control of our Sites and Content.

4. Your Use of Our Sites

Read more about what you can and cannot do on our Sites.

5. Your Content  
If you send us or upload User Content to our Sites, we may use that User Content for any purpose, including commercial uses, product development, and advertising. Personal information will be handled in accordance with our Privacy Policy.  
You should not send us User Content that (i) you want to keep confidential or (ii) you do not have the rights to post.  

‍Read more about the Content you transmit to us or through our Sites.

6. Important Things to Know

Read the complete Agreement below

COMPLETE AGREEMENT

USE OF SERVICES

Our Sites may allow you to sign up for therapy and mental health services (“Services”). If you are using the Service, you hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to therapy or have your parent/guardian consent to therapy on your behalf, and (ii) physically located or are a resident of the state you select as your current residency when creating your Account.

Teletherapy

Expressive Arts TheraBeez® TELEHEALTH VIDEO IS NOT INTENDED FOR AND SHOULD NOT BE USED FOR URGENT OR EMERGENCY SITUATIONS.

When using Expressive Arts TheraBeez® Telehealth Video, you are responsible for working with your therapist to establish a plan in the event you experience technological difficulties and you get disconnected during a video session or can no longer receive or respond to messages.

Therapist Assignment

When you create an Account and sign up for our Services, we assign you to a therapist using the information you provide to us. We will take into consideration the information such as the therapist’s specialty, availability, location, treatment approaches, and accepted insurances.

You acknowledge that your ability to access and use the Service depends on the truthfulness of the information you provide regarding your age, residence, and contact information and that the therapists you access are relying upon this certification to interact with you and provide Services.

PAYMENTS

Our Sites may allow you to pay for Services directly through your Account. By creating an Account and providing us with a credit card number, you authorize us to charge the credit card on file. Such charges may include copays and coinsurance, appointment cancellation and no-show fees. You represent that you are authorized to incur charges on the credit card on file with us. If you are not the cardholder, you are representing that you have obtained authorization from the cardholder to use the credit card. THE CARDHOLDER NAMED ON THE CREDIT CARD ON FILE WITH US IS ULTIMATELY RESPONSIBLE FOR THE PAYMENT OF ANY OUTSTANDING BALANCE ON YOUR ACCOUNT.

Our Sites may allow you to pay for Services directly through your Account. By creating an Account and providing us with a credit card number, you authorize us to charge the credit card on file. Such charges may include copays and coinsurance, appointment cancellation and no-show fees. You represent that you are authorized to incur charges on the credit card on file with us. If you are not the cardholder, you are representing that you have obtained authorization from the cardholder to use the credit card. THE CARDHOLDER NAMED ON THE CREDIT CARD ON FILE WITH US IS ULTIMATELY RESPONSIBLE FOR THE PAYMENT OF ANY OUTSTANDING BALANCE ON YOUR ACCOUNT.

The cost of Services varies depending on your payment method as well as the Services requested. After your insurance provider(s) have reviewed and processed the associated claim, we will charge the credit card on file for any remaining balance from the Services rendered. We will send you an email seventy-two (72) hours before we charge the card on file for any remaining balance.

By creating an Account, you agree to provide us with accurate, up-to-date insurance information if applicable. We will use your insurance information to bill your insurance for Services, as applicable. Your failure to update this information may result in inaccurate charges or delayed refunds. We reserve the right to change the insurance companies that we accept at any time at our sole discretion.

We can bill multiple insurance plans for your Services. When initially creating your Account, you will only be able to enter one (1) of your insurances at that time. Once you’ve created an Account, you can add your other insurance(s) in the Account settings. If necessary, we may ask you follow-up questions to better understand the order in which to bill your insurances. When using multiple insurances, you will not be charged a copay immediately. We will only charge you if there is a remaining balance after we have heard back from all of your insurances. This could take up to two (2) months, but could fall outside of that range, depending on coordination of benefits or processing delays. We will send you an email seventy-two (72) hours before we charge your card on file for any unpaid balances.

We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.

Cancellations

If you cannot attend your scheduled session with your therapist, you must cancel your appointment directly with them at least twenty-four (24) hours in advance. If you cancel within the twenty-four (24) hours before your appointment, or if you fail to cancel your appointment and do not attend the appointment, you may be subject to a cancellation fee, up to the full cost of the session at the then current self-pay rate. Cancellation fees will be charged to the credit card on file. We will send you an email seventy-two (72) hours before we charge your card on file for the cancellation or no-show fee.

Refunds

In some circumstances we will offer a full or partial refund of your payment, such as when your insurance company pays more than anticipated. If we provide you with a refund, you will receive a credit to your original form of payment. If we are unable to credit that form of payment, your refund may not be completed. We may contact you for new payment information or provide your refund in another way, such as through your Account.

If you have any concerns about the Services, a bill, or a payment, please contact us immediately by sending an email to ExpressiveArtsTheraBeez@gmail.com. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new therapist, and issuing partial or full refunds when applicable.

SERVICES AND SITES

We may make improvements and/or changes to Services described on the Sites, add new features, or terminate a Site at any time without notice. We also: (i) reserve the right to change the prices or specifications of Services at any time without any notice or liability to you or any other person; (ii) do not warrant that information on a Site (including without limitation Service descriptions) is accurate, complete, reliable, current or error-free; and (iii) reserve the right to modify, cancel, or terminate Services (including previously scheduled Services) where the price or other material information on a Site is inaccurate, where we or our therapists are unable to provide the Services, or for any other reason in our sole discretion. If we cancel a previously scheduled Service, we will not charge you. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated (or if the Site has a non-US domain), Services are intended for end use in the United States and are not labeled or intended for international distribution.

OUR INTELLECTUAL PROPERTY RIGHTS

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Sites (collectively, the “Content”) are protected intellectual property of, or used with permission or under license by, our Company. You do not acquire any right, title or interest in any Content by accessing or using the Sites. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on a Site is strictly prohibited.

Subject to your compliance with this Agreement, we grant you a limited license to access and use the Sites and their Content for personal, informational, and healthcare purposes. No Content from the Sites may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Sites. To use Content under such an exception, you must (i) keep any copyright, trademark, or other proprietary notices intact, (ii) use such Content pursuant to any licenses associated with such Content, (iii) not copy or post such Content on any networked computer or broadcast it in any media, (iv) make no modifications to any such Content, and (v) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of a Site or the Content.

YOUR AUTHORIZED USE OF OUR SITES

While using a Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use a Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with a Site or any other party’s use of a Site. In addition, we expect users of the Sites to respect the rights and dignity of others. For example, you may not do any of the following without our written consent:

‍Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Sites for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking Site does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content. We may revoke these permissions at any time.

DOWNLOADS

Sites may allow you to download certain Content, applications, software, and other information or materials. The Company makes no representation that such downloads will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with the Company or a third party, for example an agreement with a mobile application store.

MOBILE APPLICATIONS

Our Apps may be available via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the service provider (“App Store Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD PARTY SERVICE.

You acknowledge that this Agreement and your use of the App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the App and its Content. If anything in this Agreement conflicts with any usage rules for the App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with this Agreement, and then exclusively for your use of the App). All rights you have to use the App are for use only on appropriate products (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the App may be accessed and used by other accounts associated with you via features like Apple’s Family Sharing (or similar features from other App Store Providers) or volume purchasing. We are solely responsible for providing any maintenance and support services for the App, as specified in this Agreement or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the App, nor any warranties for the same.

WE DISCLAIM ALL WARRANTIES RELATED TO ANY APP INCLUDING BUT NOT LIMITED TO INTERRUPTION OF SERVICE, DEFECTS IN SERVICES, DELAYS IN CONNECTIVITY, INABILITY TO CONNECT WITH YOUR THERAPIST, OR FAILURES TO TRANSMIT INFORMATION.

In the event that the App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.

We, not the App Store Provider, are responsible for addressing any claims relating to the App, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, (iv) claims that the App infringes a third party’s intellectual property rights as well as the investigation, defense, settlement and discharge of any such intellectual property infringement claim. By using the App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the App Store Provider, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement and your use of the App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.

ACCOUNTS

Our Sites allow you to register for client portal accounts specific to the provision of Services (“Account”).

In general, you are not obligated to register for an Account in order to access the Sites. However, certain sections and features of some of the Sites are available only to users who have registered for an Account (“Registered Users”). We may reject, and you may not use, a user ID (or e-mail address) for any reason at our sole discretion. For example, we may reject a user ID (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; or that is offensive. You may only have one active Registered User Account on each Site at any given time and you may not allow other people to use your Account to access a Site or participate in Services.

If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us. By using Expressive Arts TheraBeez® Video Telehealth, you agree to have accurate contact information documented in your Account. This information is crucial to your therapist should a mental health crisis or other emergency develop.

You agree that you are responsible for all activities under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access a Site in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.

You agree to notify us of any unauthorized use of your Registered User username, log-in ID, password or any other breach of security that you become aware of involving or relating to a Site by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Sites and your Account, including without limitation, terminating your Account, changing your password or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

THIRD-PARTY CONTENT AND LINKS

Sites may contain expert opinions. Information on Sites identified as expert opinion, or accessed from this Site by hyperlink, represents the opinions of these respective experts, which are not necessarily those of the Company. Some Sites may contain blogs with advice, including medical advice. Some of these statements are not written by us and do not represent our opinion. Any information, statements, opinions or other information provided by third parties and made available on our Sites are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third-party Content on our Sites.

Information on Sites should not be taken as medical advice or suitability for treatment of a medical condition. You should always consult a qualified physician for matters related to your health.

Similarly, Sites may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of the same.

WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, BLOG, DESCRIPTION, OR OPINION POSTED ON ANY SITE TO THE MAXIMUM EXTENT ALLOWED BY LAW. CLAIMS CONTAINED IN TESTIMONIALS, BLOGS, DESCRIPTIONS, OR OPINIONS HAVE NOT BEEN SUBSTANTIATED SCIENTIFICALLY. YOU UNDERSTAND THAT NONE OF OUR SITES PROVIDE MEDICAL ADVICE, MAKE CLAIMS ABOUT DRUG EFFECTIVENESS, OR DETAIL TREATMENTS FOR SPECIFIC ILLNESSES OR AILMENTS.

Third-Party Links

We may provide on the Sites, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave our Sites. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos or copyright symbols.

We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, Pinterest and Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our Services and to share experiences with us. When you visit these Social Media Pages, you are no longer on our Site, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

CONTENT SUBMITTED BY YOU

You are responsible for any information, text, images, videos or other materials or content that you upload to us, or transmit through our Sites (“User Content”). You agree, represent and warrant that any User Content you transmit through our Sites is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such User Content. You shall not upload or otherwise make available on or through a Site any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.

PLEASE DO NOT POST OR SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.‍

User Content License

By submitting User Content to us directly or indirectly (including through any use of third party social media platforms directed at us), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, avatar, image, voice, likeness and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. Additionally, you irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of your User Content that you may have under any applicable law or legal theory. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, Account pages, or other forms that are intended to be confidential will be handled in accordance with our Privacy Policy and will not be publicly disclosed, except as described in our Privacy Policy or otherwise approved by you.

Interactive Chat and Chatbots

Some of our Sites may have chat, live support, instant messaging, or similar functionality to serve you better (“Chats”). Chats may allow you to speak to a human representative, a Chatbot (as defined below), or some combination of the two. You should review our Privacy Policy to learn how we treat information that could identify you gathered via a Chat. If you are signed in to an Account while using a Chat, the Chat may link the Account information with you or the Chat interaction. You may not impersonate or attempt to gain information regarding another individual via a Chat. Information provided via a Chat may be inaccurate, and Chats may not always be available or error-free. Chats may be provided by third parties, and you may be entering into a contractual agreement with those third parties when you use the Chat. You should refer to the applicable Chat and its hyperlinks to learn more.

Chats may use interactive, automated computer programs and similar technologies to provide customer service via the Chat (“Chatbots”). Chatbots often work by using “natural language processing” technology to understand your questions and inputs and respond to them with relevant information or follow-up inquiries. Our Chatbots typically identify that you are interacting with a computer program and not a human, sometimes by a “Powered by…” or a similar legend in the Chat or by setting up the Chat in such a way that it's apparent that a Chatbot is used. Chatbots use technology to respond to your inputs without human intervention. Although Chatbots are automated, your inputs and responses may be viewed and accessed by our real people, possibly in real time. Be aware that some Chatbots may connect you to one of our human representatives. Information collected via Chats is subject to our Privacy Policy. Be aware that communications may be monitored for quality assurance and other purposes. All information you provide to us for purposes of support is considered User Content.

Copyright Infringement Notices

It is our policy to expeditiously respond to notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices and the take down procedure we follow with respect to allegedly infringing material. If we receive proper notification of claimed copyright infringement, our response to these notices may include removing or disabling access to the allegedly infringing material and/or terminating or suspending users. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the provider of the allegedly infringing content so that they may make a counter notification pursuant to the DMCA. It is our policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect their copyrighted works that we determine are reasonable under the circumstances.

If you believe that any Content on a Site infringes upon any copyright which you own or control, you may send a written notification to our designated copyright agent (the “Designated Agent”), identified below, with the following information:

Designated Agent:  
Team Manager at EAT

Email:  
ExpressiveArtsTheraBeez@gmail.com‍

Address:  
9745 E. Hampden Ave. Suite 401 
Denver, CO 80231
Phone: TheraBeez Call

To notify the provider of the allegedly infringing material to which we have removed or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.

We may terminate users who, in our sole discretion, are deemed to be repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the alleged infringer. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:

Upon receipt of valid counter notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Further, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site.

UPDATES TO THIS AGREEMENT

We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Sites. Your continued use of a Site will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Site, an email to the address we have on file, or a message in your Account.

We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

OTHER POLICIES

This Agreement applies exclusively to your access to, and use of, the Sites and Services and does not alter in any way the terms or conditions of any other agreement you may have with us. Additional policies and terms may apply to use of specific Services and are included as part of this Agreement whether they reference this Agreement or not.

Other types of agreements and policies that you may be subject to include, but are not limited to:

Other policies and agreements are typically found by navigating the Site, typically by checking Site headers and footers and by reviewing hyperlinked terms at the point of sale.

We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Policy.

Should we employ you, none of the materials provided on a Site constitute or should be considered part or of an employment contract or an offer for employment.

IMPORTANT LEGAL TERMS

Termination

The Sites and this Agreement are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on a Site, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or other Site credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to a Site or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.

The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Upon any such termination, (i) you must destroy all Content obtained from the Sites and all copies thereof; (ii) you will immediately cease all use of and access to the Sites; (iii) we may delete or disable access to any of your User Content at any time; (iv) and we may delete your Registered User Account at any time. You agree that if your use of a Site is terminated pursuant to this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of a Site after termination will be a violation of this Section, which survives any termination.

Children

Our Sites are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13). YOU MUST BE AT LEAST 13 TO ACCESS AND USE OUR SITES.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such Sites.

Disclaimer of Warranty

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE ON A SITE OR ANY OTHER SITES LINKED TO OR FROM A SITE. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH A SITE IS DONE AT YOUR OWN RISK. THE CONTENT OF A SITE IS PROVIDED “AS IS'' AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE A SITE, A SITE’S CONTENT, THE SERVICES, OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with a Site or Services; or (iii) the Content or other information you provide to us through a Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Consent to Communication

When you use a Site or send communications to us through a Site, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting User Content, creating a Registered User Account, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Our electronic communications are secure and designed with the Health Insurance Portability and Accountability Act (HIPAA) standards in mind. However, transmitting sensitive information electronically has the inherent risk of a third-party’s unauthorized access. By using the Sites, you acknowledge that you are aware of and accept this risk.

SMS/Text Communications

1. By providing your phone number to Expressive Arts TheraBeez®, you agree that Expressive Arts TheraBeez® may contact you via SMS/MMS text communications (“SMS”) relating to your care and treatment.

2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, text START to the short code SMS thread.

3. If you are experiencing issues with the messaging program you can get help directly at 720-646-6667.

4. Carriers are not liable for delayed or undelivered messages

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6. If you have any questions regarding privacy, please read our Privacy Policy

Severability

If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.

DISPUTES, ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Any dispute, claim or controversy arising out of or relating to this Agreement, other agreements on the Site, or the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in JAMS before one arbitrator or submitted to small claims court in Colorado. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.

No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: 9745 E. Hampden Ave, Suite 401, Denver CO 80231. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If you and we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.

Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Colorado, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

‍Opt-Out: If you do not wish to be subject to this Arbitration provision, you may opt-out by notifying Expressive Arts TheraBeez® in writing of your desire to opt-out of this Arbitration provision within 30 days of agreeing to these Terms of Service. The opt-out notice shall be sent via email to legal@Expressive Arts TheraBeez®.com. If you opt-out of this Arbitration provision, jurisdiction and venue for the dispute shall be in Denver, Colorado, and the dispute shall be governed by the laws of the State of Colorado, without regard to principles of conflicts of laws.

INTERNATIONAL USERS

The Services referred to on Sites may only be available in the territory to which that Site is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON ANY SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE SERVICES OR PRODUCTS IDENTIFIED ON THAT SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SITE IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT A SITE OR REWARD PROGRAM OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access a Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.

Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVES THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit a Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.

CONTACTING US

If you have questions about this Agreement, or if you have technical questions about the operation of a Site, please contact us by emailing us at ExpressiveArtsTheraBeez@gmail.com.

 

 

Privacy Policy

Privacy Policy

Last Updated October 2023

 

Overview

Expressive Arts TheraBeez® Inc. and its related companies (“Expressive Arts TheraBeez®” or “we” or “us”) operates the https://www.Expressive Arts TheraBeez®.com/ website (the “Website”) and the Expressive Arts TheraBeez® mobile applications, including but not limited to Expressive Arts TheraBeez® Video Telehealth and Messaging (all hereinafter collectively, "Sites"). This privacy policy (this “Policy”) describes the policies and procedures regarding our collection, use, and sharing of the information we collect through the Sites.

 

How and Why We Use the Data We Collect

We collect several different types of information that can directly or indirectly identify an individual (“Personal Data”) for various purposes, including to provide our services and to improve this Site. In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources.

Tracking Cookies Data. It helps us see what people like and don’t like on our site.

We use cookies and similar tracking technologies to track the activity on our Site so that we can better understand our users and provide tailored services. Cookies are files with a small amount of data which may include a unique device identifier. Cookies are sent to your browser from a website and stored on your device. Note that cookies may allow third parties to track your activity over time and across different websites. We also use other tracking technologies such as beacons, tags and scripts to collect and track information and to improve and analyze our products and services, including this Site. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Usage Data. It helps us make sure everything works on your devices.

We may also collect information on how our Site is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data which allows us to build and maintain our services with user feedback. We may randomly record how you interact with our Sites, but your personal information will always be suppressed and invisible in a recording. We use Usage Data to monitor our networks and the visitors to our Websites, detect and prevent fraud and other illegal activity, and understand how users interact with our Website so that we can make improvements to, or fix errors on our Website and services.

Account and Service Registration Data. It allows us to contact you about services and match you with a therapist who accepts your insurance.

While using our products and services, including this Site, we may ask you to provide us with certain information that can be used to contact you or understand how we can best provide you with services (“Account and Service Data”). Account and Service Data may include, but is not limited to, your name, email address, and telephone number. Additionally, when you create an account with Expressive Arts TheraBeez®, we collect information directly from you, such as credit card information and details about your insurance. We may use Account and Service Data to contact you with newsletters, marketing or promotional materials and other information that may be helpful to you. You may opt out of receiving any, or all, of these communications from us. All you have to do is hit the unsubscribe link or the instructions provided in any communication we send. Note: You are unable to unsubscribe from service messages regarding your account, updates from your provider, and updates to this Site.

Service and Support Data. It allows us to provide you with services and respond to your feedback.

While using our services, we will collect any information you choose to provide to us, including via a chat feature (“Service and Support Data”). Data may include, but is not limited to, audio data, electronic communications regarding your account or payments, and any communications to our customer support team. We use Service and Support Data to provide you with services and act upon your feedback or issues.

Health Data. It allows your therapist to access necessary information to provide treatment, and it allows us to render appropriate billing & operational services.  

For information about how we collect and process your health information, see our Notice of Privacy Practices.
 

Disclosure to Third Parties

We may need to disclose your information to third parties for various reasons.

Disclosures for Legal Purposes. Under certain circumstances, Expressive Arts TheraBeez® may disclose your Personal Data if required to do so by law or in response to subpoenas, warrants, court orders, or other legal processes. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the provision of services by a third party intermediary.

Service Providers. We may employ third party companies and individuals to facilitate our services, perform Site-related services or assist us in analyzing how our Site is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Any information collected by a third-party service is subject to the privacy policies of the third-party service provider.

Links to Third Party Websites and Platforms. Our Site may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the privacy policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services. Our Site may also contain links or buttons to enable you to share or post content on third-party social media platforms. The privacy policy of such social media platforms will apply to any content you share or post, and Expressive Arts TheraBeez® is not responsible for the privacy practices of such third-party platforms.

Business Transaction. If Expressive Arts TheraBeez® is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will make reasonable efforts to provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Other Disclosures with Your Consent. We may share your information with other unaffiliated third parties who are not described elsewhere in this Policy and will always ask for your permission before we do so.

 

The Security of Your Data

The security of your data is important to us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data and other sensitive information, we cannot guarantee its absolute security. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contact Us” section below.

In the event that we are required by law to inform you of a breach to your Personal Data we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
 

Your Privacy Rights

You, and you alone, own your privacy. We want you to understand your rights, and feel empowered to exercise them.

Opting-Out of Communications. Our newsletters, promotional emails, and promotional text messages include instructions for opting out of receiving further communications. You may also opt out of marketing communications by contacting us via the “Contact Us” section below. Please note that even if you opt out of receiving marketing communications, we may still communicate with you regarding non-marketing-related matters, such as appointment reminders, notifications and information relating to your account, and other transactional messages.

 

Updating Your Personal Data or Cancelling your Expressive Arts TheraBeez® account. If you have signed up for an account with Expressive Arts TheraBeez®, you may review and update the Personal Data associated with your account by signing in to your client portal. If you want us to disable your account at any time, just contact us. We may ask you to verify your identity and to provide other details before we disable your account or delete any information.  

Access Your Personal Data. You may request access to your Personal Data by contacting us at EA Therabeez. If required by law, upon request, we will grant you reasonable access to the Personal Data that we have about you. In some circumstances, we may also be required to grant you access to your Personal Data in a portable format. Note that, as required by law, we will require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name, the date of your last therapy session, or the email address we have on file. We may also ask you to provide a signed declaration confirming your identity.

Delete Your Personal Data. You may request that we delete your Personal Data from our Sites by contacting us at TheraBeez.  If required by law we will grant a request to delete information, but in many situations we must keep your Personal Data to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes. Note that, as required by law, we may require you to prove your identity.  We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name, the date of your last therapy session, or the email address we have on file. We may also ask you to provide a signed declaration confirming your identity.

Children’s Privacy. This Policy addresses Expressive Arts TheraBeez®’s procedures for handling the personal information of customers in the U.S. who are at least 13 years old. We do not seek to, nor do we knowingly collect, information from anyone under the age of 13 (“Child” or “Children”). If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us at the email address described below.
 

Other Things to Know

Retention of Data. We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Changes to our Privacy Policy. We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "Last Updated and Effective date" at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

‍Contact Us

We welcome your comments or questions about this Policy by emailing us at Email Open.

Notice of Privacy Practices

Notice of Privacy Practices

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.

Your health information is personal, and we are committed to protecting it.  

For purposes of this Notice, “Expressive Arts TheraBeez®” and the pronouns “we,” “us” and “our” refer to Expressive Arts TheraBeez® Inc., its subsidiaries and affiliates under common ownership, and its contracted or employed health care providers.

Expressive Arts TheraBeez® uses and discloses health information about you for treatment, to obtain payment for treatment, for administrative purposes, to evaluate the quality of care that you receive, and for other purposes permitted by HIPAA and applicable law.  Expressive Arts TheraBeez® is required by law to maintain the privacy of your health information and provide you a notice of our legal duties and privacy practices with respect to that information and to provide you with notice of a breach of your unsecured protected health information.  

This Notice applies to all records about your care that are created, and/or maintained by Expressive Arts TheraBeez®.  Your health information is contained in a medical record that is the physical property of Expressive Arts TheraBeez®.  Expressive Arts TheraBeez® is required to abide by the terms of this Notice.

Expressive Arts TheraBeez® reserves the right to change its privacy practices, as reflected in this Notice, to revise this Notice, and to make the new provisions effective for all protected health information it maintains.  Revised Notices will be available on our website or upon your request.

How Expressive Arts TheraBeez® May Use or Disclose Your Health Information:

We may use or disclose your health information, in certain situations, without your consent or authorization.  Below we describe examples of how we may use or disclose your health information as permitted under or required by federal law, including instances where we will obtain your authorization.  Such uses or disclosures may be in oral, paper or electronic format.  

For Treatment.  Expressive Arts TheraBeez® may use and disclose your health information to provide you with mental health treatment or services or to assist in the coordination, continuation or management of your care and any related services.  This includes the coordination or management of your health care with a third party.  For example, a health care provider, such as a licensed professional counselor, or other person providing health services to you, will record information in your record that is related to your treatment and may share that information with other providers.  This information is necessary for other health care providers to determine what treatment you should receive.

For Payment.  Expressive Arts TheraBeez® may use and disclose your health information to others for purposes of obtaining payment for treatment and services that you receive. For example, a bill may be sent to you or to a third-party payer, such as an insurance company or health plan, for services provided to you.  The information on the bill may contain information that identifies you, your diagnosis, and treatment.

For Health Care Operations.  Expressive Arts TheraBeez® may use and disclose health information about you for operational purposes.  For example, your health information may be used by Expressive Arts TheraBeez® or disclosed to others in order to:

Communications.  Expressive Arts TheraBeez® may use and disclose your information to provide appointment reminders, leave a message on your answering machine, or leave a message with an individual who answers the phone at your residence. We may, from time to time, contact you to provide information about treatment alternatives and services that may be of interest to you.  We may also provide you with informational materials including information about Expressive Arts TheraBeez®.  Material may come from a third party.

Required or Permitted by Law. Expressive Arts TheraBeez® may use and disclose information about you as required or permitted by law. If a use or disclosure is required by law, the use or disclosure will be made in compliance with the law and will be limited to the relevant requirements of the law.  If required by law, you will be notified of any such uses or disclosures. For example, Expressive Arts TheraBeez® may use and/or disclose information for the following purposes:

Public Health.  Your health information may be used or disclosed for public health activities such as: (1) assisting public health authorities or other legal authorities to prevent or control disease, injury, or disability; (2) reporting child abuse or neglect to a public health authority or other governmental authority that is authorized by law to receive such reports; and (3) notifying a person who may be at risk of contracting or spreading a disease, if such disclosure is authorized by law.

Individuals involved in your care.  We may provide information about you to a family member, friend, or other person involved in your health care or in payment for your health care.  If you are deceased, we may disclose medical information about you to a friend or family member who was involved in your medical care prior to your death, limited to information relevant to that person’s involvement, unless doing so would be inconsistent with your written wishes you previously provided to us.  If we disclose information to a family member, relative or close personal friend, we will disclose only information that we believe is relevant to that person’s involvement with your health care or payment related to your health care.  

Health and Safety.  We may, consistent with applicable law and standards of ethical conduct, use or disclose health information about you if we believe that the use or disclosure is necessary to prevent or lessen a serious threat to the health or safety of a person or the public; provided that, if a disclosure is made, it must be to a person(s) reasonably able to prevent or lessen the threat and is permissible by law. We may also use or disclose your health information if we believe that the use or disclosure is necessary for law enforcement authorities to identify or apprehend an individual who: (i) admits to participation in a violent crime that we reasonably believe caused serious physical harm to the victim, or (ii) appears to have escaped from a correctional institution or lawful custody.

Notification and Disaster Relief.  We may use or disclose your health information to notify or assist in notifying your family, a personal representative, or another person responsible for your care, of your location, condition, or death.  We may disclose your health information to disaster relief authorities so that your family can be notified of your location and condition.

Decedents.  Health information may be disclosed to funeral directors, medical examiners or coroners to enable them to carry out their lawful duties.  Once you have been dead for 50 years (or such other period as may be specified by law), we may use and disclose your health information without regard to the restrictions set forth in this Notice.

Government Functions.  We may disclose your health information for specialized government functions, such as military and veteran’s activities, national security and intelligence activities, and protection of public officials.

Workers’ Compensation.  Your health information may be used or disclosed in order to comply with laws and regulations related to Workers’ Compensation.

Business Associates.  We may contract with one or more third parties, our business associates, in the course of our business operations.  We may disclose your health information to our business associates so that they can perform the job we have asked them to do.  We require that our business associates sign a business associate agreement and agree to safeguard the privacy and security of your health information.

Authorizations for Other Uses and Disclosures:

While we may use or disclose your health information without your written authorization as explained above, there are other instances where we will obtain your written authorization.   Except as otherwise provided in this Notice, we will not use or disclose your health information without your prior written authorization.  You may revoke an authorization at any time, except to the extent Expressive Arts TheraBeez® has already relied on the authorization and taken action.

Examples of uses and disclosures that require your authorization are:

Psychotherapy Notes.  If Psychotherapy Notes are created for your treatment, we must obtain your prior written authorization before using or disclosing them, except (1) if the creator of those notes needs to use or disclose them for treatment, (2) for use or disclosure in our own supervised training programs in mental health, or (3) for use or disclosure in connection with our defense of a proceeding brought by you.  “Psychotherapy Notes” means notes recorded (in any medium) by a health care provider who is a mental health professional documenting or analyzing the contents of conversation during a private counseling session or a group, joint, or family counseling session and that are separated from the rest of the individual’s medical record. “Psychotherapy Notes” excludes medication prescription and monitoring, counseling session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following items: diagnosis, functional status, the treatment plan, symptoms, prognosis, and progress to date. Note that if, in the sole discretion of your health care provider, providing you with copies of your Psychotherapy Notes could be harmful or detrimental, we have the right to deny your request for such records.

Marketing. As outlined in our Privacy Policy, we may contact you with newsletters, marketing or promotional materials and other information that may be helpful to you. By agreeing to our Privacy Policy, you authorize us to contact you for marketing purposes. 

No Sale of Your Health Information.  We will never sell your identifiable health information to a third party. Period. Our Promise.

Uses and Disclosures of Your Highly Confidential Information.  Some federal and/or state laws require special privacy protections for certain highly confidential health information, relating to: (1) psychotherapy services; (2) mental health and developmental disabilities services; (3) substance use disorder diagnosis, treatment and referral; (4) HIV/AIDS testing, diagnosis or treatment; (5) venereal disease(s); (6) genetic testing; (7) child abuse and neglect; (8) domestic abuse of an adult with a disability; and/or (9) sexual assault. Unless a use or disclosure is permitted or required by law, we will obtain your written consent or authorization prior to using or disclosing your highly confidential health information to third parties.

Your Health Information Rights:

You have the following rights regarding your health information.  To exercise any of the rights below, please contact Expressive Arts TheraBeez® at compliance@Expressive Arts TheraBeez®.com to obtain the proper forms.

You have the right to:

Request a restriction on the uses and disclosures of your information for treatment, payment and health care operations or request a limit on the health information we disclose about you to someone involved in your care or the payment for your care, like a family member or a friend:

Obtain a paper copy of this Notice upon request.  You may obtain a paper copy of this Notice by contacting Compliance.   The Notice is also available on our website, www.Expressive Arts TheraBeez®.com.

Inspect and obtain a copy of your health and billing records.  All requests to inspect or copy your health information or to access directly your records must be in writing.  Please use this form to submit your request for access. This form is HIPAA compliant, and your responses will be encrypted.  In certain circumstances, we may deny your request for inspection or copying, but if we do, we will notify you in writing of the reason(s) for the denial and explain your right to have the denial reviewed.  You can direct us to transmit the copy directly to another person or entity using the same form. At this time, we are not able to prepare summaries, attestations, certifications, notarized or witnessed copies. Please note that Expressive Arts TheraBeez® will only respond to requests for records from you or your personal representative. 

Request an amendment to your health information.  You may request that your health record be amended if you believe that the health information we have about you is incomplete or incorrect.  Requests to amend your health information must be in writing. We may deny your request and if we do, we will notify you in writing of the reason for the denial and your right to submit a statement disagreeing with the denial.

Request confidential communications.  You have the right to ask Expressive Arts TheraBeez® to communicate health information to you using alternative means or at alternative locations.  Such requests must be in writing.  We will accommodate reasonable requests and will notify you if we are unable to agree to your request. We may condition our agreement on information as to how payment will be handled and specification of an alternate address or other method of contact.

Receive an accounting of disclosures of your health information.  You have the right to obtain a list of instances in which Expressive Arts TheraBeez® has disclosed your health information except in certain instances.  These instances include but are not limited to:  disclosures for treatment, payment and health care operations; disclosures made to you; disclosures incident to a use or disclosure permitted or required by the Federal HIPAA Privacy Rule; disclosures authorized by you; and disclosures occurring more than six years prior to the date of your request. Your request must be in writing. The first disclosure list in a year is free; if you request additional lists in any year we may charge you a fee.

Complaints

You may complain to Expressive Arts TheraBeez® and to the Department of Health and Human Services if you believe your privacy rights have been violated.  You will not be retaliated against for filing a complaint.

If you have any questions or complaints about this Notice or our privacy practices, please contact Compliance.

FEES and COST

 

Tammi McCurdy

LPC

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Cost estimate

How much does Expressive Arts TheraBeez® therapy cost?

$41 average per session
Clients with Aetna in Colorado typically pay around $41 for a 60-minute therapy session.

Have a plan where you have to meet a deductible before your plan kicks in? Most clients pay an average of $107 until they meet their deductible. Check with your insurance company to learn about your mental health benefits and to get a cost estimate.