Agreement of Services
Agreement of Services Waiver
By your agreement to use the services (the “Services”) of ezzree.com (the “Website”) provided by Merkavah Inc. (dba Ezzree) (“Ezzree”) through an Ezzree Guide, Ezzree Advocate, Ezzree Bioethicist and/or all other Ezzree (“Ezzree Consultant(s)”), you become a user of the Services (“Uzer”). As a Uzer, you can access the Services on a one-time basis or on a more frequent basis. With each access to any Services, you hereby acknowledge that you are responsible for determining the course and result of your interactions. While all Ezzree Consultants may offer suggestions, recommendations, opinions and perspectives, you acknowledge that Ezzree is never responsible or liable for any of your decisions, actions, inactions and outcomes related to or separate from your conversations and interactions with any Ezzree Consultant (“Actions”). You will not hold Ezzree responsible for your Actions now or in the future in any way as the result of the Services provided to you.
WE ARE NOT A SERVICE FOR THOSE WHO ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT THEY MAY BE A DANGER TO ANYONE. IF YOU ARE CONSIDERING OR CONTEMPLATING SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911 OR (800) 273-8255, NOTIFY THE POLICE, CONTACT EMERGENCY MEDICAL SERVICES OR USE THESE RESOURCES [ LINK TO RESOURCES] TO GET IMMEDIATE HELP.
Furthermore, you assume full accountability for your well-being and waive all rights to seek legal, financial or personal retribution or compensation in connection with the Services provided to you. You also waive your rights for reimbursement of any payment as the result of your dissatisfaction with the Services.
Ezzree™ Authorization for Use of Personal Information and Use of Unsecured Electronic Communication
While Ezzree is not considered a “Covered Entity” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Ezzree takes the protection of your personal health information very seriously. By confirming the terms of this authorization, you are acknowledging your understanding that Ezzree is not a “Covered Entity” under HIPAA.
HIPAA sets standards for protecting the rights of patients and Ezzree uses those standards as guidelines for its Privacy Policies. One of HIPAA’s regulations mandates that correspondence that contains protected health information (“PHI”) should be sent by encrypted (secured) email. However, Ezzree understand that on occasion a client may find it more convenient to communicate with us through an unsecured electronic medium or application. It is very important that you are aware that unsecured e-mail, text messages, e-fax, and other forms of unsecured electronic communication (“e-communication”) can be accessed relatively easily by unauthorized persons and hence can compromise the privacy and confidentiality of such communication. Unsecured e-communication may be vulnerable to such unauthorized access due to the fact that servers or communication companies may have unlimited and direct access to all e-communication that goes through them.
It is always a possibility that unsecured e-communication can be sent erroneously to the wrong address and computers. Unsecured e-communication provides as much privacy as a postcard. You should not communicate any information through e-communication that you would not want to be included on a postcard that is sent through the U.S. Postal Service.
Furthermore, if you ask an Ezzree Consultant to contact a third party on your behalf, your verbal request is confirmation that such contact and disclosure of any information to the third party at the Ezzree Consultant’s discretion may be made notwithstanding HIPAA regulations.
You also agree that the sessions can be taped but your identity and identifying information will be kept private as best as possible.
E-communication on your computer, your laptop, iPad, phone or other devices has inherent privacy risks – especially when your e-communication access is provided through your employer or when access to your e-communication is not password protected. If you instruct us to communicate with you through an unsecured electronic medium, you may be waiving a right to have that information protected from disclosure to others.
You understand the following:
- This authorization will continue indefinitely, but you may revoke it at any time by providing written notice to Ezzree at firstname.lastname@example.org.
- You confirm that you are at least 18 years of age or if under the age of 18 years, your parent or guardian has provided written consent to Ezzree to your use and access of the services at www.ezzree.com.
- You will not be denied treatment by Ezzree if you do not sign this authorization or if you revoke it at a later date.
- By signing this authorization, you agree that Ezzree may utilize your personal information internally for purposes including, but not limited to, the development of Ezzree programs, spiritual care and data analysis;
- Although Ezzree will make all reasonable efforts to keep e-communications, including text messages, recordings and e-mails, confidential and secure, Ezzree cannot assure or guarantee the absolute confidentiality of such communications;
- At our discretion, Ezzree may include such e-communications with you as part of your permanent client record;
- E-communication should not be used for time-sensitive communication. In the event of an emergency, please call 911.
- You agree to waive the requirement that Ezzree only communicate the “minimum necessary” amount of information, and it is your express intent that Ezzree have full and unfettered access to any and all information related in any way to your spiritual care and support services;
- By signing this authorization, you agree that Ezzree may communicate your personal and health information, including PHI, through an unsecured electronic medium;
- You have evaluated the risks and made an informed decision to take the risk that such communication may be intercepted and re-disclosed by third parties.
By using the Website, you agree that you will not undertake any of the following actions:
- Use the Website for any purpose that is in violation of any local, state, federal or international law;
- Engage in any conduct or action that, in the sole discretion of Ezzree, inhibits or restricts others from using and benefiting from the Services and/or the Website; or
- Impersonate another individual.
With or without any advance notice, Ezzree, in its sole discretion, may terminate your account when this authorization and/or Terms and Conditions are violated. Ezzree will take any action necessary to deal with such violation. As appropriate, Ezzree will contact you as to how such violation is being handled.
You authorize Ezzree to disclose through electronic medium any of your individually identifiable health and personal information and records regarding any past, present or potential future health, mental or emotional conditions.
You agree to hold harmless Ezzree, its Ezzree Consultants, its owners, its shareholders, directors, officers, workforce, consultants, affiliates, agents and representatives from all actions, causes of action, obligations, costs, expenses, attorneys’ fees, damages, losses, claims, liabilities, defenses, offsets or demands whatsoever relating to the transmission of unencrypted electronic communication and attachments.