Terms of service.
HIPAA, Privacy and Financial Information Security
Please note, as a HIPAA-secure organization, we take privacy and security seriously. We do not mine or sell your data and believe those practices to be unethical. Your use of the Ivy Pay service is also governed by the Business Associate Agreement to which your Provider and us are agreed.
Your use of Ivy Pay services does NOT constitute your use of Talktoivy.com website, which is a separate service of I V Y Labs, Inc. Upon sign up for Ivy Pay services you are NOT a user of Talktoivy.com website, nor subject to its separate Privacy Policy and Ivy User Terms of Service. As a user of Ivy Pay service, we do NOT encourage your use of Talktoivy.com website, nor do we enroll or register you in the services of Talktoivy.com.
If you have any questions or concerns about security, please contact us at support@talktoivy.com
How Ivy Pay protects your financial information
Ivy and its authorized partners use advanced security systems and data encryption to protect you and guard against unauthorized transactions and access to your personal or financial information. If you suspect that there has been unauthorized activity on your Ivy Pay Profile Card, please speak with your Provider and contact us immediately at support@talktoivy.com
Encrypted storage of your financial information
Your Ivy Pay Card Profile and financial information contained within it is encrypted, stored and protected on secure servers. On the web, https and a green bar is your signal that encryption is active. All of us are concerned about web privacy and the information we transmit over the Internet. We work with extreme vigilance to ensure that Ivy and its authorized partners meet and exceed security industry standard and best practices.
When paying for Provider Services online through the Ivy Pay service, be assured that your information is secure, both during transmission over the Internet and within the application itself.
This application uses industry-standard SSL encryption on EVERY page in the Ivy Pay system. This is the same encryption and validation technology used by banks and brokerages to safeguard financial information. To verify this system is delivered over a secure SSL connection, look for the SSL padlock in your browser:
If you’re using Internet Explorer 7.0 or later, the padlock is located at the top of your browser window, immediately to the right of the address bar.
If you’re using Internet Explore 6.0 or earlier, the padlock is located at the bottom right of your browser window, immediately to the left of the word “Internet”.
If you’re using Firefox 4.0 or later, you will not see padlock at all. Instead, the Site Identification Button is displayed on the left end of the address bar.
If you’re using Firefox 3.0 or earlier, the padlock is located at the bottom right of your browser window.
If you’re using Safari, the padlock is located at the top right of your browser window.
Cancellation
You may cancel your active Ivy Pay card profile any time by sending an email to support@talktoivy.com If you cancel, we will deactivate your active Ivy Pay card profile and all eligible payment methods we have on record for you. Once deactivated, your provider cannot charge your active Ivy Pay card profile. Upon any cancellation by you, all provisions of these Payor Terms, which by their nature should service will service, including without limitation, provisions, warranty, disclaimers, assumption of risk and indemnity, limitations and liability, and dispute resolution provisions.
Term and Termination
These Payor Terms will commence when you first create an Ivy Pay card profile, and unless terminated earlier in accordance with these Payor Terms, will remain in force and effect for as long as you are using the Ivy Pay services.
We may terminate your Ivy Pay card profile and your use of Ivy Pay services, at our sole discretion, at any time and without notice to you. You may cancel your Ivy Pay card profile at any time in accordance with these Payor Terms.
Warranty Disclaimers
THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. We make no warranties of revenue or any level of business.
Assumption of Risk and Indemnity
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE IVY PAY SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY IVY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LIABILITIES, DAMAGES, LOSSES, AND COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF THE SERVICES OR CONTENT, INCLUDING THE RECEIPT OF THERAPIST SERVICES FROM THERAPISTS OR (II) YOUR VIOLATION OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, FOR BODILY INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES. You will defend, indemnify and hold Ivy harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from: (a) your breach of these Payor Terms; (b) your use of the Ivy Pay services; (c) your alleged violation of any statute, ordinance, or regulation; or (d) any action by a third party against Ivy that is based on (i) your use of the Ivy Pay services or the Provider’s services; or (ii) any act or omission that results in personal injury, death, or tangible or intangible property damage (including loss of use).
Limitation of Liability
NEITHER IVY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE IVY PAY SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE IVY PAY SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE PAYOR TERMS OR FROM THE USE OF OR INABILITY TO USE THE IVY PAY SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IVY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IVY EXPRESSLY DISCLAIMS LIABILITY FOR ANY MEDICAL, LEGAL AND ANY OTHER MALPRACTICE DAMAGE CLAIMS OR AWARDS, PAIN AND SUFFERING, PERSONAL INJURY/WRONGFUL DEATH, LOSS OF INCOME, LOSS OF CONSORTIUM, MEDICAL BILLS, LOSS OF PROGRAMS ARISING FROM OR RELATED TO USE OF THE IVY PAY SERVICES OR PROVIDER’S SERVICES.
IN NO EVENT WILL IVY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE PAYOR TERMS OR FROM THE USE OF OR INABILITY TO USE THE IVY PAY SERVICES OR PROVIDER’S SERVICES EXCEED $100. THE ASSUMPTION OF RISK AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IVY AND YOU.
Dispute Resolution
Agreement to Arbitrate
You and Ivy agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Ivy Pay services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an "IP Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You agree that you and Ivy are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Ivy otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at https://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and a separate form for California residents at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Ivy otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Ivy submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Ivy will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Arbitration Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Ivy will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes
Notwithstanding the provisions of the "Agrement Changes” section above, if we change this "Dispute Resolution" section after the date you first accepted these Payor Terms (or accepted any subsequent changes to these Payor Terms), you may reject any such change by sending us written notice (including by email to support@talktoivy.com within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Ivy's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Ivy in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Payor Terms (or accepted any subsequent changes to these Payor Terms).
Feedback
We welcome feedback, comments and suggestions for improvements to the Ivy Pay Services ("Feedback"). You can submit Feedback by emailing us at support@talktoivy.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
General Terms
These Payor Terms constitute the entire and exclusive understanding and agreement between Ivy and you regarding the Ivy Pay services, and these Payor Terms supersede and replace any and all prior oral or written understandings or agreements between Ivy and you regarding the Ivy Pay services. If for any reason a court of competent jurisdiction finds any provision of these Payor Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Payor Terms will remain in full force and effect.
You may not assign or transfer these Payor Terms, by operation of law or otherwise, without Ivy's prior written consent. Any attempt by you to assign or transfer these Payor Terms, without such consent, will be null and of no effect. Ivy may freely assign or transfer these Payor Terms without restriction. Subject to the foregoing, these Payor Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Ivy under these Payor Terms, including those regarding modifications to these Payor Terms, will be given: by Ivy (i) via email; or (ii) by posting to the Ivy Pay services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Ivy's failure to enforce any right or provision of these Payor Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ivy. Except as expressly set forth in these Payor Terms, the exercise by either party of any of its remedies under these Payor Terms will be without prejudice to its other remedies under these Payor Terms or otherwise.
Contact Information
If you have any questions about these Payor Terms or the Ivy Pay services, please contact Ivy at support@talktoivy.com