Parallel Learning, Inc.
Subscription Terms of Use
Last Updated: February 11th, 2022
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PARALLEL LEARNING PROVIDERS AND/OR PARALLEL LEARNING, INC. THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION ENTITLED “BINDING ARBITRATION / CLASS WAIVER.” BELOW FOR DETAILS REGARDING ARBITRATION AND YOUR AGREEMENT TO WAIVE ANY PARTICIPATION IN A CLASS ACTION. These Subscription Terms of Use (“Subscription Terms”) are a legal contract between you (“You/Your”) and Parallel Learning Psychology, P.C., Pohlman Psychology PLLC, Parallel Learning Behavioral Health, P.C., and any such other professional entities providing affiliated with the “Parallel Learning” healthcare offering (depending on Your location at the time You receive services) (“We” or “Parallel Providers”). Upon Your payment of the fees (the “Fees”) set forth in the Subscription Terms or such other discounted amount offered to You at the time You sign these Subscription Terms for access to the psychology and behavioral health services described herein (“the Services”), You shall be entitled to a subscription that provides access to one of the following level of Services selected in accordance with these Subscription Terms: Depending on the subscription package, either 2 sessions a month, 4 sessions a month, 8 sessions a month, or 12 sessions a month of educational support services and/or therapeutic support services in accordance with the service level selected at time of subscription payment and attendant documentation provided to You at that time. The Fees will vary depending on the subscription package that you select.
These Subscription Terms complement the Terms of Use and Privacy Policy that apply to use of the website and any platform operated by Parallel Learning, Inc. on behalf of the Parallel Providers.
Not an Insurance Product. Parallel Providers are not insurers and the Subscription is not an insurance product. The amounts You pay to Parallel Providers for the Subscription are not insurance premiums. If You desire any type of health or other insurance, You will need to purchase such insurance separately. The Subscription is NOT a health insurance plan, a Medicare Insurance Supplement, a health discount plan, or a prescription discount plan. We do not meet any individual health insurance mandate that may be required by federal law. The Fees for the Subscription shall only cover the rendering of educational support services and/or therapeutic support services, depending on the subscription package purchased by You, by Parallel Providers and related healthcare providers that fall within the definition of the Services, and shall not cover the cost of anything else, such as medications, diagnostic, specialty care rendered by any third party, or any other referral made by Parallel Providers to another third party.
Use of Subscription: Your Subscription is non-assignable, non-transferable, and cannot be resold.
Subscription Term: Your Subscription is effective immediately upon Your subscription payment and enrollment in the Subscription and shall continue on a month-to-month basis. Your Subscription Term will start the day You submit Your initial subscription payment and will continue for a period of one (1) month (“Subscription Month”). Your Subscription will continue and automatically renew beyond the Subscription Month until terminated, unless terminated in accordance with these Subscription Terms. In the first three (3) days after agreeing to the Subscription Terms, You may cancel this agreement by notifying us through the methods described in the “Cancellations and Refunds” section below.
Once You become a Subscriber, Parallel Providers will charge You for Your first month of Your Subscription. Parallel Providers will then charge You monthly, in advance and on an ongoing basis, for Your Subscription for the duration of the Subscription Term. Charges will appear on the same day, or in close proximity to that day, each subsequent month.
You authorize us or a third party company to charge Your payment source the applicable monthly Fees in accordance with Your chosen Subscription. Fees do not include applicable taxes, which are determined according to Your billing address.
Subscription Fees: At the time of Your purchase of a Subscription, You will be charged the then-applicable Subscription Fee, as outlined in the Parallel platform or otherwise provided to You at the time of purchase. Fees are subject to change at any time according to the sole discretion of Parallel Providers.
Platforms for Care Delivery: Parallel Providers may provide Services to You in-person or virtually. In-person services may be rendered at a Parallel practice site. Nothing in these Subscription Terms should be construed to indicate that Parallel Learning, Inc. is a healthcare provider or that the website or any other platform operated by Parallel Learning, Inc. for the Parallel Providers provides educational therapy or coaching services or related advice.
You acknowledge and agree that You have requested to receive educational therapy, coaching services, or mental health services from Parallel Providers and other healthcare providers through or at any of these potential care delivery platforms, and You consent to the rendering of educational therapy, coaching services, or mental health services as considered necessary and appropriate by such providers at the time of the visit. You have the right to decline treatment and services at any time. You also acknowledge that no assurances or guarantees have been made to You by concerning the outcome and/or results of any educational therapy or coaching services.
Emergencies: Services are NOT for use for medical emergencies or urgent situations. If You believe there is an emergency or that someone needs immediate medical assistance, please call 911 and seek immediate medical help.
Your Conduct: Parallel Providers may provide You with access to certain components of Your health records through the Platform, including health data gathered by Parallel Providers and/or provided by You. You acknowledge and agree that Parallel Providers may make Your health record accessible through the Parallel Learning Platform, and that it is Your responsibility to keep Your computer, phone and other devices You use to access the Service secure.
You agree that You will not engage in any misconduct during Your use of the Service. Misconduct includes, but is not limited to, violent acts, derogatory verbal remarks, sexual advances, trespassing on Parallel Learning property, and discrimination based on race, color, national origin, disability, or sexual identity. You agree to not cancel visits within 24 hours, unless You have an emergency.
State Laws: We operate subject to state regulations, which means the terms set forth in these Subscription Terms may need to be modified to reflect such requirements. If Your state requires such modification, the Subscription Terms will be modified only to the extent required by law.
Refusal of Services: We may, in our sole discretion, refuse to provide Services to You based on any non-compliance with these Subscription Terms or for any other reason. If required by law in the state in which You are located, We will make sure You are provided such required notice prior to termination of Your Subscription. We may ask You to provide different types of proof of identity documents and contact You by telephone, mail, or email to verify certain information, confirm certain actions, and generally take measures to prevent fraud.
Subscribers with Government Coverage: By using the Services, You acknowledge and agree that You will pay directly for any educational therapy, coaching services, or mental health services and products provided to You and Providers will not bill any other third party, including a federal or state health care program, for such educational therapy or coaching services or products. You accept 100% financial responsibility for all Fees and have no desire to seek or obtain third party reimbursement.
Subscription Benefits: As a Subscriber, You are entitled to access Services in accordance with Your Subscription, subject to the Fees. Depending on Your subscription package, Services may include educational support services such as executive functioning coaching, educational therapy, and other educational support services, and/or therapeutic support services such as behavioral therapy, speech and language therapy and other mental health services. Parallel Providers are constantly seeking to improve and expand upon its service offerings and will describe additional offerings, which will be covered by these Subscription Terms, as they are made available to You. Services included in each Subscription are listed on the Platform and the Parallel Providers website, and are subject to change at any time according to the sole discretion of Parallel Providers. As noted above, Your Subscription does not cover (i) any ancillary services; (ii) any services provided by third parties; (iii) hospital services, emergency room visits, or urgent care facility visits; (iv) appointments with other providers or specialists referred to You by a Provider; (v) radiology; (vi) lab tests by outside companies; (vii) durable medical equipment; or (viii) any services not expressly listed as included in Your applicable Subscription (collectively, the “Excluded Services”).). You acknowledge that Parallel Providers are not responsible for any medical bills incurred for any Excluded Services, even if one or more Parallel Providers have referred You for such services. If a Parallel Provider refers to You a third party provider, You will be responsible for the costs of any services rendered by that third party provider.
Cancellation and Refunds: If You wish to CANCEL Your Subscription, You may do so at any time prior to 2 business days before your next billing date, but You will not be entitled to a refund for the remainder of the Subscription Month, unless We are required to provide You with one based on the laws of the state in which You are located. The benefits of the Subscription may be enhanced or modified at any time without prior notice. All cancellation requests for the subsequent Subscription Month must be received at least 2 days prior to the expiration of Your Subscription Month.
To cancel, You must email us at cancel@parallellearning.com and follow the instructions, if any, that We provide to You in response to Your cancellation request. If You cancel a Subscription during the Subscription Month, We will allow You to continue to receive Services until the most recently paid-up Subscription Month ends.
Except to the extent that applicable law explicitly requires a longer notice period, We reserve the right to terminate Your Subscription at any time without notification, including in the event that We are unable to bill the Subscription to Your payment source.
Third Party Goods and Services: Parallel Providers or Parallel Learning, Inc. may, from time to time, make available to You for purchase or provide them in connection with Your Subscription certain services items or products (“Third-Party Goods and Services”) manufactured, distributed or sold by parties other than Parallel Providers or Parallel Learning, Inc. (“Third-Parties”). Neither Parallel Providers nor Parallel Learning, Inc. (including their agents, officers, directors and employees) will have any responsibility or liability for Your use of any Third-Party Goods and Services, Your interactions with Third-Parties or any failures or defects of any Third-Party Goods and Services. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction involving Third-Parties or using any Third-Party Goods and Services.
Important Disclaimers:
ANY TECHNOLOGY USED IN THE DELIVERY OF CARE, INCLUDING THE SERVICE, OR ANY THIRD-PARTY GOODS AND SERVICES SOLD OR OTHERWISE MADE AVAILABLE TO YOU BY PARALLEL PROVIDERS OR PARALLEL LEARNING, INC. IS ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF SUCH TECHNOLOGY OR THIRD-PARTY GOODS AND SERVICES IS VOLUNTARY AND AT YOUR SOLE RISK. PARALLEL PROVIDERS AND PARALLEL LEARNING, INC. TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
IN NO EVENT SHALL PARALLEL PROVIDERS OR PARALLEL LEARNING, INC. BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE ANY TECHNOLOGY, INCLUDING THE SERVICE, OR ANY THIRD-PARTY GOODS AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PARALLEL PROVIDERS OR PARALLEL LEARNING, INC. ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARALLEL PROVIDERS AND PARALLEL LEARNING, INC. PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
NEITHER PARALLEL PROVIDERS NOR PARALLEL LEARNING, INC. SHALL BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE, MISUSE OR INABILITY TO USE ANY SERVICES OR TECHNOLOGY. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF ANY TECHNOLOGY, INCLUDING THE SERVICE, OR ANY THIRD-PARTY GOODS AND SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ANY TECHNOLOGY, INCLUDING THE SERVICE, AND ANY THIRD-PARTY GOODS AND SERVICES IN CONNECTION WITH PARALLEL PROVIDERS AND/OR PARALLEL LEARNING, INC. IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT AGAINST PARALLEL PROVIDERS OR PARALLEL LEARNING, INC. FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF SUCH TECHNOLOGY OR THIRD-PARTY GOODS AND SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
YOU, PARALLEL PROVIDERS AND PARALLEL LEARNING, INC. AGREE THAT ALL DISPUTES, CONTROVERSIES AND CLAIMS RELATED TO THIS AGREEMENT, ANY EDUCATIONAL THERAPY OR COACHING SERVICES OR OTHER CARE OR TREATMENT PROVIDED BY PARALLEL PROVIDERS, OR ANY TECHNOLOGY, INCLUDING THE SERVICE, OR OTHER ITEMS OR SERVICES PROVIDED TO YOU BY OR ON BEHALF OF ANY PARALLEL LEARNING PARTY, INCLUDING ANY ALLEGATIONS OF MEDICAL MALPRACTICE OR PRODUCT LIABILITY (EACH A “CLAIM”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION AS DESCRIBED IN THIS SECTION, WHICH MAY BE INITIATED BY EITHER PARTY BY SENDING A WRITTEN NOTICE REQUESTING ARBITRATION TO THE OTHER PARTY. ANY ELECTION TO ARBITRATE BY ONE PARTY SHALL BE FINAL AND BINDING ON THE OTHER.
YOU EXPRESSLY AGREE THAT ANY CLAIM, INCLUDING ANY CLAIM RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The arbitration shall be conducted in Wilmington, Delaware except that, in the event Wilmington, Delaware is not within 100 miles of Your residence, the arbitration may be conducted within 100 miles of Your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, You may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of any party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then You, Parallel Providers and Parallel Learning, Inc. agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Wilmington, Delaware, and the parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, any party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with Your Dispute, whether through class arbitration proceedings or otherwise. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
THE PARTIES AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
You acknowledge and agree that Parallel Learning, Inc. is a third-party beneficiary of this Agreement and has the right to enforce it against You. Other than Parallel Learning, Inc., this Agreement is not intended to, and shall not be deemed to create any rights for or on behalf of any individual or entity other than the parties to this Agreement.
Electronic Communications: By clicking “Agree” or signing, You are consenting to receive communications from Parallel Learning, Inc. and Parallel Providers electronically and to have Parallel Learning, Inc. and the Parallel Providers communicate with You via email or through the Service. You agree that all agreements, notices, disclosures and other communications that Parallel Learning, Inc. or the Parallel Providers provide to You electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by Parallel Providers or Parallel Learning, Inc. electronically are deemed to be given and received on the date Parallel Providers or Parallel Learning, Inc. transmits any such electronic communication as described in this Section.
Entire Agreement: This Agreement contains all the terms and conditions of Your Subscription and no representations, inducements, promises, or agreements concerning the Subscription not included in this Agreement shall be effective or enforceable, except for the Platform Terms of Use, Privacy Policy, and Consent for Telehealth Services If any of the Subscription Terms of Use shall become invalid or unenforceable, the remaining terms shall remain in full force and effect. We reserve the right to modify the Subscription Terms of Use periodically, for any reason, and without notice.
By signing or indicating your electronic acceptance of these Subscription Terms, You represent and warrant that (a) You have read the Subscription Terms, Consent for Telehealth Services, and Notice of Privacy Practices (“Parallel Consents”) carefully, (b) You consent to the receipt of Services from Parallel Providers, including Services delivered via telehealth, and other technology used to deliver the Services, (c) You accept and agree to the terms of the Parallel Consents, without any amendment or modification, and (d) You have the legal capacity and authority to provide this consent.