If you are experiencing a life-threatening situation, don’t use this site. Call 911 or use these resources to get immediate help.
This site is not intended to be used for urgent or emergency situations. For urgent matters, contact your service provider by telephone. If you are in a life-threatening situation, call 911 or go to the emergency room.
Please carefully read these Terms of Service ("Terms"). These Terms govern the use of our online interfaces, such as our website and app, which are owned and controlled by Bloomer Health, LLC (“Bloomer Health”) and apply to your access and use of the services made available via the Bloomer Health website bloomerhealth.com (“Site”) or the Bloomer Health web app (“App”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Site or App (collectively referred to as "Content").
By accessing or using the Service or Content, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to access or use the Service or Content.
1. Definitions
Except as otherwise set forth in these Terms, the following words shall have the meanings ascribed to them:
1.1 “You”, “Your” and “Yourself” refer to the Individual User of the Service
1.2. “Service Provider” means individual that provides therapy/healthcare services as an independent contractor or employee registered with Bloomer Health
1.3 “Service” means the management and administrative support in connecting service providers with children/families who qualify for Early Intervention and providing guidance/support to said provider during the duration of a case
1.4 “Content” means the totality of computer programs, code, text, graphics, photos or other materials uploaded/downloaded, updates, screen layout/design, rules, electronic correspondence, documentation and communication with Bloomer Health/external professionals linked to a child’s case
1.5 “Documentation” means the materials pertinent to the Service and Content including instruction manuals, reports and any other forms/notes created by the service provider pursuant to this agreement.
1.6 “HIPAA” means Health Insurance Portability and Accountability Act and describes US law created to provide privacy standards to protect patient medical records and other health information provided to health care providers.
2. Acceptable Use
You agree not to access or use the Service and Content in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms.
You may not upload viruses or malicious code. You shall not use the Service and Content in any manner that could damage, disable or impair the Service and Content. You shall not attempt to gain unauthorized access to any user account(s) or associated computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose.
The following terms apply to any WebApp accessed through or downloaded from any source (such as the Apple App Store or other similar platforms) where the WebApp is made available (each such distribution platform an "App Provider"). You acknowledge and agree that these Terms are between you and Bloomer Health, and not with the App Provider. By downloading the App, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may require that you download upgrades, updates and additional features we publish in order to improve, enhance, and further develop the software, Service, or App.
The Service may change from time to time and/or Bloomer Health may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.
3. Intellectual Property
3.1. By using the Service, you hereby acknowledge that Bloomer Health and/or its licensors own all intellectual property rights associated with the Service and Content and all such rights are reserved. You are hereby granted a limited license only, subject to these Terms, for purposes of viewing the Content. You may not reproduce or distribute any portion of the Content and/or Service without Bloomer Health’s explicit permission.
3.2. Bloomer Health will have the right to access, produce or modify patient data during the TERM of this Agreement. Such access or modifications shall be subject to HIPAA requirements.
4. No Medical Advice
Bloomer Health provides licensed service providers with administrative, and management services. Providers are compensated by Bloomer Health for providing therapy services to children and their families following qualification for services by NYSDOH Early Intervention Program.
While Bloomer Health facilitates your selection of, communications with and other interactions with families/children requiring services, as well as providing support in administrative tasks, Bloomer Health does not provide clinical instruction, medical advice or any other services. Bloomer Health does not interfere with your treatment or independent professional judgment.
By using the Service(s), you agree that the Content is not intended to be used as medical advice or clinical instruction. When using the Service, you should never disregard, avoid, or delay obtaining medical advice from the child’s primary doctor and/or seek clinical guidance from external sources.
5. Electronic Communications
By creating a user account with Bloomer Health, you are agreeing to sending and receiving electronic communications, including but not limited to email, SMS Text, client portal communications, and voicemail communications to and from Bloomer Health relating to your clinical caseload and in connection to your individual therapist profile..
Our electronic communications, are secure and HIPAA compliant. However, transmitting sensitive information electronically has the inherent risk of a third-party’s unauthorized access. By using the Service, you acknowledge that you are aware of and accept this risk.
6. Confidentiality
Service Provider agrees that all information identified by Bloomer Health as confidential or proprietary including without limitation, System/App, passwords to access System/App, and documentation, is confidential and shall be and remain the property of Bloomer Health. Service Provider shall secure all such information using a reasonable standard of care. Additionally, Service Provider further agrees that it shall not use information for any purpose other than to fulfill its obligations.
7. Disclaimers
The Content is provided “as is,” with all faults, and Bloomer Health makes no express or implied representations or warranties, of any kind related to this site or the materials contained on it. Additionally, nothing contained on this site shall be construed as providing medical advice to you.
BLOOMERHEALTH TAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM, ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE CONTENT AND/OR SERVICE.
8. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLOOMERHEALTH AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES, PERSONAL INJURY, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR WRONGFUL DEATH THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE CONTENT OR SERVICE(S). THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM ACTIONS TAKEN BY YOU OR OTHERS IN RELIANCE TO COMMUNICATIONS SENT OR RECEIVED VIA BLOOMER HEALTH MESSAGING, MISDIRECTION OR INTERCEPTION OF INFORMATION, INTENTIONAL OR UNINTENTIONAL BREACHES AND ACCESS BY THOSE YOU PROVIDE YOUR USERNAME AND PASSWORD TO. YOU AGREE THAT BLOOMER HEALTH SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER ANY INDEMNITY OR ANY THEORY, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PATENT OR COPYRIGHT INFRINGEMENT.
In consideration for Bloomer Health permitting you to use the Service(s), you expressly release and hold harmless Bloomer Health, its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law or equity, or otherwise, arising out of or in any way related to your use of the Service(s), whether arising from negligence or any other acts or omissions by Bloomer Health.
In addition, you will indemnify and hold harmless Bloomer Health, its officers, directors, agents, affiliates, and employees, against all actual and direct losses, liabilities, damages, claims, costs or expenses (including reasonable attorney’s fees) they may suffer as the result of third party claims, demands, actions, investigations, settlements or judgments against them arising from or in connection with any breach of these Terms, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents, or agents.
9. Termination
Bloomer Health may suspend or terminate your access to the Content and/or Service(s) at any time, for any reason or for no reason at all. Bloomer Health has the right (but not the obligation) to refuse to provide access to the Service(s) to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Bloomer Health reserves the right to change, suspend, or discontinue all or part of the Service(s), temporarily or permanently, without prior notice.
10. General
These Terms are governed by the laws of the State of New York, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the New York courts in the cases that arbitration is not successful or is assigned or appealed to a civil court. Bloomer Health’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Bloomer Health may be delivered by electronic mail to the address provided during the creation of your user account. These Terms constitute the entire agreement between Bloomer Health and yourself regarding the Service(s), and supersede and replace any prior agreements you and Bloomer Health might have regarding the Service(s). Bloomer Health may revise these Terms from time to time without notice to you. By continuing to access or use our Service(s) after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the Terms periodically.