Last updated: November 1, 2021
DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
Welcome to Polygon. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications, including the tests and follow-up services described in more detail in these Terms, which are offered in conjunction with Polygon Psychology Group, Inc. (“PPG”) and its affiliated health care providers (the “Polygon Providers”) (collectively, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Please read these Terms carefully before using the Services. They cover important information about Services provided to you. These Terms include information about future changes to these Terms, appointment rescheduling policies, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. By using the Services, you agree to be bound by these Terms.
If you accept these Terms on behalf of another person as such person’s parent, guardian, conservator, or custodian, then (a) you agree to the Terms, conditions, and notices contained or referenced herein on behalf of such individual, (b) the words “you,” “your”, “yourself,” “yours” and the like, as used in these Terms, refer to both you and such individual.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our website(s) and application(s), send you an email, and/or notify you by some other means.
If you don’t agree with the new Terms, 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 is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13) without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under thirteen (13), please do not attempt to register for or otherwise use the Services or send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If we learn we have collected personal information from a child under thirteen (13), we will delete that information as quickly as possible. If you believe that a child under thirteen (13) may have provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at email@example.com.
Health Insurance Portability and Accountability Act
What are the basics of using Polygon?
Polygon provides online appointments for learning differences tests and follow-up services with licensed psychologists and other educational and health care professionals through the Services. To schedule an appointment with a Polygon Provider, you will be required to sign up for an account, select a password and username (“Polygon User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself (or if you are signing up on behalf of a minor or a ward, about yourself and the client). You may not select as your Polygon User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or, if the individual receiving Services is a minor or a ward, that you are forming a binding contract on behalf of you and on his or her behalf to use the Services and, to the extent applicable, you hereby grant Polygon permission to treat such minor or ward). Unless a legal exception applies, in the case of a minor less than 18 years of age, a parent or legal guardian must consent to treatment.
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your Polygon User ID, account or password with anyone, and you must protect the security of your Polygon User ID, account, password and any other access tools or credentials. You are responsible for any activity associated with your Polygon User ID and account.
Limitations regarding medical advice and treatment; no medical advice; not for emergencies
The Services enable Users to make appointments and interact with our Polygon Providers and support teams. In certain instances, our Polygon Provider licensed psychologists and other professionals may provide to you learning differences test, diagnosis, guidance, and therapy services that require such a license or registration under applicable law (“Regulated Services”).
Aside from those aspects of the Services that are Regulated Services, we do not provide any medical advice or medical treatment. The Content and any information provided by our personnel other than the Regulated Services do not constitute medical advice and should not be used for the diagnosis or treatment of any medical condition.
Always seek the advice of your physician or other qualified health providers before deciding to start, alter, or discontinue any course of medical or mental health treatment or for any questions regarding your medical or mental health condition. While the Regulated Services are intended to work in conjunction with your physician’s or other health providers’ advice, prescription, and recommendations, do not use the Services as a substitute for consulting with your physician or other health care provider, and do not disregard professional medical advice or delay in seeking it because of any information received in connection with the Services. Should any medical or mental health issue arise during your use of the Services, you should contact your health care provider immediately. If any information you receive or obtain from using the Services is inconsistent with the medical or therapeutic advice of your physician(s), you should follow the advice of your physician(s).
To the extent that, in addition to the Services you receive from us, you also receive medical or mental health care services from another party, those medical or mental health care services are separate from and unrelated to the Services. We are not responsible or liable for any advice, course of treatment, diagnosis, therapies, or any other information, advice, services, or products that you may obtain from unaffiliated third parties.
Reliance on any information provided by Polygon or in connection with the Services is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services, including but not limited to the reports prepared by Polygon Providers.
You acknowledge that although some Content (defined below) may be provided by individuals in the medical and/or psychological professions, the provision of such Content does not create a medical and/or psychological professional/patient relationship between you and Polygon, PPG or the Polygon Providers, or between you and any other individual or entity, and does not constitute an opinion, medical advice, or medical diagnosis or treatment.
Please do not use the Services for emergency or urgent medical matters. For all urgent or emergency matters that you believe may affect your health, you should immediately call 911 or go to the nearest emergency room or urgent care facility.
A test typically consists of several telemedicine sessions lasting from 2–3 hours between a psychologist, the client, and, as applicable and determined by the psychologist, a parent or guardian (each, an “Test Appointment”, “Test Session”, or “Test Session”). Different tests may have different numbers of Appointments associated with them, as outlined on the services page of the website. In some cases, a test may require fewer or more Appointments in order to complete the test. This will be determined by the Polygon Provider consistent with his or her professional/clinical judgment and experience.
As part of the Services, PPG (including Polygon Providers) may provide you with a report regarding any learning differences that a Polygon Provider may have diagnosed (“Polygon Report”). By accepting these Terms, you hereby agree and acknowledge that Polygon (including any Polygon Provider) will not have any obligation to alter, amend, update, or change any Polygon Report once it has been issued. If you would like to discuss the content of a Polygon Report that you have received, you must do so during a Follow-Up Appointment (defined below) that is either included as part of your plan (as outlined on the services page of the website), or that you separately arrange and pay for.
By accepting these terms, you also agree and understand that there is no guarantee that a learning difference will be diagnosed through the Services, or that information transmitted through the Services will be sufficient to allow for appropriate medical decision making. Accordingly, you may be required to seek additional in-person medical care, or alternative healthcare services.
Disclaimer regarding services, supports, and accommodations from an institution
You may, at your sole option and your sole risk, use your Polygon Report to request services, supports, and accommodations from schools, standardized test providers, your workplace, and other organizations.
We seek to ensure that Polygon Reports meet commonly accepted norms and satisfy documentation guidelines provided by major standardized testing bodies. However, none of Polygon, PPG nor the Polygon Providers can guarantee that any Polygon Report will be accepted or considered for services or accommodations from any institution.
Consent to tele-assessment
By using the Services, you hereby consent to engaging in “telemedicine services” (as defined below) and “tele-assessment” (as defined below) and Follow-Up Appointments with Polygon, PPG, and the Polygon Providers.
Tele-evaluation is a form of psychological, educational, and neuropsychological testing and test service provided via telemedicine. “Telemedicine or telehealth” includes the practice of virtual health care delivery, diagnosis, consultation, treatment, transfer of medical data, and education using interactive audio, video, or data communications. You also understand that telemedicine involves the communication of your medical/mental health information, both orally and visually, to health care practitioners through such virtual platforms. Telemedicine services may include, without limitation, the following: electronic transmission of patient medical records, medical and mental health reports, images, and/or other patient data or information; synchronous (i.e., “real time”) and asynchronous (i.e., non-“real time”) interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files.
Tele-evaluation, including any Follow-Up Appointments, generally includes interviews, questionnaires, and other interactive tasks using interactive audio, visual, or data communications, and involves the communication of your medical/mental health information, both orally and/or visually.
Tele-evaluation has the same purpose or intention as psychological, educational, or neuropsychological testing sessions that are conducted in person. However, due to the nature of the technology used, you understand that tele-assessment may be experienced somewhat differently than face-to-face, in-person test sessions.
You also understand that some measures used in tele-assessment may not be as precise or accurate as they would be in face-to-face, in-person test sessions. This is because some measures used in tele-assessment are being administered in a way that they were not specifically developed to be administered. You further understand that the Polygon Provider knows and understands these issues and will use the data in a way to maximize their accuracy and work with any unsure circumstances. This may include adding more measures to evaluate areas that are unclear, and it may include not being able to make as specific conclusions, decisions, or recommendations as would be possible in face-to-face, in-person test services. You understand tele-assessment services and care may not be as complete as face-to-face services.
You understand that you have the right to withhold or withdraw consent at any time by no longer accessing the Services.
The laws that protect the confidentiality of your medical information also apply to your tele-assessment. As such, you understand that the information disclosed by you during the course of your test is generally confidential. However, there are both mandatory and permissive exceptions to confidentiality, including, but not limited to reporting child, elder, and dependent adult abuse; expressed threats of violence towards an ascertainable victim, including to yourself; and where you make your mental or emotional state an issue in a legal proceeding.
You understand that there are risks and consequences from telemedicine, including, but not limited to, the possibility, despite reasonable efforts on the part of your Polygon Provider, that: the transmission of your medical information could be disrupted or distorted by technical failures; the transmission of your medical information could be interrupted by unauthorized persons; and/or the electronic storage of your medical information could be accessed by unauthorized persons.
In addition, you understand that if your Polygon Provider believes you would be better served by another form of psychological services (e.g., face-to-face services), you will be provided the contact information for one or more national, state or local organizations that can refer you to a professional who can provide such services in your area. Finally, you understand that there are potential risks and benefits associated with any form of learning differences test, report, and follow-up services, and that despite your efforts and the efforts of your Polygon Provider, your condition may not improve, and in some cases may even get worse.
Consent to contact individuals and organizations for information related to your test
By using the Services you consent to our communicating with individuals and organizations whose contact information you provide to us to conduct interviews and distribute and receive questionnaires and other information utilized in the preparation of your test. You may withhold or withdraw this consent at any time by notifying us at firstname.lastname@example.org.
What about messaging?
As part of the Services, you may receive communications through the Services, including messages that Polygon sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Polygon to send you information regarding your account or transactions with us, which may include Polygon using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Polygon, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Polygon. You agree to indemnify and hold Polygon harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Secure electronic messaging is preferred to insecure email or text messaging. At the same time, email and text messaging allows you and Polygon Providers to exchange information efficiently. If you would like Polygon, PPG and the Polygon Providers to share your protected health information with you via email or text messaging, please complete the Consent for Email Communication of Protected Health Information form available by contacting us at email@example.com.
Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
infringes or violates the intellectual property rights or any other rights of anyone else (including Polygon);
violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Polygon;
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your Polygon User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
copies or stores any significant portion of the Content; or
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Polygon’s) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Polygon owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
Any Content that you post, upload, or otherwise provide on or through the Services is your “User Submission.” User Submissions may include (but aren’t limited to) things like reviews or comments on blog posts. You hereby grant us a worldwide, non-exclusive, irrevocable, and perpetual license to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose, your User Submissions, together with any feedback or suggestions contained therein, to provide and improve the Services as well as our other products and services generally.
What if I see something on the Services that infringes my copyright?
In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Polygon’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
remove or disable access to the infringing material;
notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
terminate such content provider’s access to the Services if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
A physical or electronic signature of the content provider;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.
Please contact Polygon’s Designated Agent at the following address:
Attn: DMCA Designated Agent
8605 Santa Monica Blvd, Suite 56386
West Hollywood, California 90069
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Polygon. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Polygon is not responsible for such risks.
Your interactions with organizations and/or individuals other than PPG and the Polygon Providers found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Polygon shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Polygon is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Polygon, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Will Polygon ever change the Services?
We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Do the Services cost anything?
We charge for every appointment you make through the Services (“Appointments”). Appointments include both Test Appointments as well as feedback and follow-up appointments with Polygon Providers (“Follow-Up Appointments”). These charges cover the Services provided by Polygon, PPG, and the Polygon Providers. Accordingly, you agree that in consideration of the services and Appointments you access through the Services, you hereby individually obligate yourself to pay in accordance with the rates and terms set forth on the services page on our website (which may include rescheduling fees, cancellation fees, and/or other fees, as applicable and described in our Appointment Policies). Polygon/PPG will collect the fees and make payment to PPG/Polygon and the Polygon Providers on your behalf. Please note that any payment terms presented to you in the process of signing up for or attending an Appointment are deemed part of these Terms.
We require direct payment from our clients at time of service. However, we can assist you in submitting paperwork to your insurance company to help you obtain reimbursement for a portion of the cost of your care if your health plan includes out-of-network coverage (common with PPO plans, for example). We cannot guarantee that you will be reimbursed for any of the cost of an Test Appointment or Follow-up Appointment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Current Information Required
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE THROUGH YOUR ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Reaffirmation of Authorization
Your non-termination or continued use of Services (such as by participating in Follow-Up Appointments) reaffirms that we are authorized to charge your Payment Method for each Appointment. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially schedule Appointments.
Rescheduling and Cancellations
Polygon requires you to comply with our Appointment Policies at [FULL URL]. Rescheduling and cancellations may be subject to different fees as further described in your account, on our website, or in our Appointment Policies. Such fees will be automatically charged to your Payment Method.
Late Arrivals and Missed Appointments; Timely Completion of Activities
What if I want to stop using the Services?
Polygon is also free to terminate (or suspend access to) your use of the Services or your account at our discretion for any reason, including your breach of these Terms. Polygon has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
What else do I need to know?
Polygon and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns including but not limited to PPG and the Polygon Providers (Polygon and all such parties together, the “Polygon Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and to the maximum extent not prohibited by law, the Polygon Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services, or, to the maximum extent not prohibited by law, except in case of negligence or willful misconduct of PPG or the Polygon Providers, any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Polygon Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services.
THE SERVICES, POLYGON REPORTS AND CONTENT ARE PROVIDED BY POLYGON (AND ITS LICENSORS, AFFILIATES AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Learning differences and mental health services may involve discussing sensitive, emotional and challenging aspects of your life in person or via telemedicine. You may experience feelings like sadness, frustration, guilt, anger, or helplessness. If at any point you experience increased distress or have thoughts of harming yourself or others, you agree to notify your mental health provider so that an appropriate level of support can be provided to you. In addition, you understand that Polygon makes no representations or warranties that learning differences will be diagnosed, identified or treated in a Polygon Report, or in any appointment or correspondence with a Polygon psychologist.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE POLYGON PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Polygon Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Polygon’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Polygon and limits the manner in which you can seek relief from Polygon. Both you and Polygon acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Polygon’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Los Angeles County, California. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Polygon will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Polygon will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Polygon may assert claims, if they qualify, in small claims court in Los Angeles County, California or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any 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.
(d) Waiver of Jury Trial. YOU AND POLYGON WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Polygon are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Polygon over whether to vacate or enforce an arbitration award, YOU AND POLYGON WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Polygon is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Polygon, 8605 Santa Monica Blvd, Suite 56386, West Hollywood, California 90069 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Polygon to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Polygon agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Los Angeles County, California, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Polygon.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental tests associated with your activity in connection with the Services, provided that Polygon may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Polygon agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Polygon, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Polygon, and you do not have any authority of any kind to bind Polygon in any respect whatsoever.
Except as expressly set forth in the section above regarding the arbitration agreement, you and Polygon agree there are no third-party beneficiaries intended under these Terms.