Terms of Use

These Terms of Use (“TOU”) are an agreement between you and Lori Moussapour, using the trade name To Empower U, concerning your access to, and use of, various services offered through our websites Lori MoussapourLCSW.com and ToEmpowerU.com, and any web-based and/or mobile applications that require you to create an account in order to use the Services (as such term is hereinafter defined) (collectively, the “Site”)  By accessing, browsing, and/or using the Site, you accept and agree to be bound by the TOU and the Privacy Policy (collectively, the “Terms and Conditions”).  If you do not agree to all of these Terms and Conditions, do not access or use the Site. 

These TOU may change.  Because your use of the Site means that you agree to these TOU, if we revise and update these TOU, your continued use of To Empower U and the Site will mean that you accept these changes.  You choose whether or not to use To Empower U and the Site.  If you do not agree to all of these TOU, please do not use To Empower U and the Site. 

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. 

Your Relationship with Lori Moussapour of To Empower U 

Lori Moussapour of To Empower U on its own behalf, makes certain information available to you regarding in-person and remote wellness, psychoeducational and mental health counseling services, and facilitates your access to telehealth, wellness, psychoeducational and expert mental health counseling services, provided by Lori Moussapour of To Empower U.  Our Privacy Policy details how we may use, share and maintain any information that you provide to us. Lori Moussapour of To Empower U's role is limited to making such information available to you and/or facilitate your access to the Services, on behalf of Lori Moussapour of To Empower U as their “business associate” as that term is defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”).  

Treatment by Lori Moussapour of To Empower U

These TOU are also an agreement between you and Lori Moussapour of To Empower U concerning the delivery of Services via technology when you and the mental health provider(s) associated with the Lori Moussapour of To Empower U are not in the same location (“Telehealth Visits”). 

In connection with accessing the Services and Telehealth Visits, you acknowledge, understand, consent and agree to the following:

  1. Telehealth Visits involve the use of electronic communications to enable the Providers at different locations to share individual patient medical information for the purpose of providing the Services.

  2. A Telehealth Visit is not the same as an in-person direct patient/healthcare provider visit, because you will not be in the same room as the Provider providing the Services.

  3. The communications systems used during the Telehealth Visits will incorporate reasonable security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.

  4. Nevertheless, you understand that there are potential risks to the use of this technology during the Telehealth Visits, including but not limited to:

    • Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment or network interruption;

    • Security protocols could fail, causing a breach of privacy of personal health information;

    • Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes; and

    • Interruptions, unauthorized access by third parties, and technical difficulties.

  5. You are aware that either the Provider or you can discontinue the Telehealth Visit if the Provider believes that the videoconferencing connections are not adequate for the situation or the Provider or you do not believe the Telehealth Visit is suitable to your condition.

  6. You understand that the Telehealth Visit will not be audio or video recorded at any time, and you agree not to audio or video record the Telehealth Visit.

  7. You agree that Lori Moussapour of To Empower U may use and disclose your Protected Health Information (as that term is defined under HIPAA) in accordance with applicable law and the Privacy Policy.

  8. You agree that you are entering into an agreement with Lori Moussapour of To Empower U which shall be a provider of the Services to you, which means, among other things, you are entering into a practitioner-patient relationship with Lori Moussapour of To Empower U.

Payment Authorization

By providing a credit card or other payment method accepted by Lori Moussapour of To Empower U (“Payment Method”), you are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of the Services, together with any applicable taxes. Please note that Lori Moussapour of To Empower U, may not receive complete information from your health insurance plan, if applicable, regarding the applicable co-pay due from you for your consultation. As such, you may be billed more than once with respect to a Telehealth Visit to account for additional co-pay, co-insurance and deductible amounts due, if any. Lori Moussapour of To Empower U may or may not accept health plans and offer services where you will be seen as self-pay. When this happens, you waive health plan claim submission.

You agree thatLori Moussapour of To Empower U is authorized to charge to the Payment Method a fee in the event that either you: (i) miss a scheduled appointment with a Provider; or (ii) do not provide the Professional Entities with at least twenty-four (24) hour notice of cancellation prior to a scheduled appointment with a Provider.

You agree that authorizations to charge your Payment Method remain in effect until you cancel it in writing, and you agree to notify Lori Moussapour of To Empower U of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services that correspond to consultation fees or the co-payment required by your health plan. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, Lori Moussapour of To Empower U may at its discretion attempt to process the charge again at any time within 30 days. You acknowledge and agree that fees for Telehealth Visits may increase at any time.

Your Representations, Warranties and Covenants to Lori Moussapour of To Empower U

By accessing the Site, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these TOU with Lori Moussapour of To Empower U, (iii) the information you have provided to Lori Moussapour of To Empower U in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Site (v) you will not interfere with a third party's use and enjoyment of the Site (vi) you will not interfere with or disrupt Lori Moussapour of To Empower U's or its vendors' security measures, (vii) if any information you provide to Lori Moussapour of To Empower U becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Lori Moussapour of To Empower U, and (viii) you are accessing the Site for yourself.

In connection with your relationship with Lori Moussapour of To Empower U, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information.  We will use your information in accordance with our Privacy Policy. 

You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access.  You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site.  You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Site.  We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice. 

Access to the Site

The Site and the information and content available through the Site are protected by copyright laws throughout the world.  Subject to these TOU, Lori Moussapour of To Empower U grants you a limited, non-transferable, and revocable license to access and use the Site for your personal use.  Unless otherwise specified by Lori Moussapour of To Empower U in a separate license, your right to use any of the services available through the Site is subject to these TOU and all rights are reserved by Lori Moussapour of To Empower U.  You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying this Site. 

Any use or attempted use of this Site (1) for any unlawful, unauthorized, fraudulent, or malicious purpose; (2) that could damage, disable, overburden, or impair the Site; (3) that could interfere with any other party’s use and enjoyment of the Site; (4) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means; or (5) for any other use other than the business purpose of which it was intended, is prohibited.  Lori Moussapour of To Empower U reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account.  Lori Moussapour of To Empower U further reserves the right to monitor general use of the Site at any time as it deems appropriate and to remove any materials that may violate these TOU. 

Lori Moussapour of To Empower U may terminate your use of the Site or any of Lori Moussapour of To Empower U’s features or services at any time and for any reason without notice.  You agree that if your use of the Site is terminated pursuant to these TOU, you will not attempt to use the Site under any name, real or assumed.  Except as otherwise provided in the Privacy Policy, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you any information to use, or any other information that we have that relates to you.   

Third-Party Links

Lori Moussapour of To Empower U may provide links to third-party websites.  Lori Moussapour of To Empower U does not recommend and does not endorse the content on any third-party websites.  Lori Moussapour of To Empower U is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements.  Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites.  Lori Moussapour of To Empower U does not endorse any product, service, or treatment advertised on the Site.  Lori Moussapour of To Empower U does not control and is not responsible for the privacy practices of such third parties.  Lori Moussapour of To Empower U encourages you to review the privacy policies of each website and application you visit and use. 

Limitation on Use by Minors

Our service is intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual accesses the Site.  The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age.  If Lori Moussapour of To Empower U obtains actual knowledge that it has collected personal information through the Site from a person under eighteen (18) years of age, Lori Moussapour of To Empower U will use reasonable efforts to refrain from using such personal information or maintaining it in retrievable form.   Individuals under eighteen (18) years of age (and/or their parent or guardian) may contact Lori Moussapour of To Empower U if they believe their personal information has been collected and/or displayed on the Site and request its removal and/or destruction. 

Please note that Lori Moussapour of To Empower U is not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example: (1) when an international, federal, state, or local law, rule, or regulation requires Lori Moussapour of To Empower U to maintain the content or information; (2) when Lori Moussapour of To Empower U maintains the content or information on behalf of a user’s healthcare provider as part of such user’s medical record; (3) when the content or information is stored or posted to the Site by a third party other than the user (including any content or information posted by the user that was stored, republished, or reposted by the third party); (4) when Lori Moussapour of To Empower U anonymizes the content or information, so that such user cannot be identified individually; (5) when such user does not request that such information be removed from the Site; and (6) when such user has received compensation or other consideration for providing the content or information. 

The foregoing is not intended to be an admission that Lori Moussapour of To Empower U is subject to the Child Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Online Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations. 

Account Information

When you create an account with Lori Moussapour of To Empower U, you are creating a direct customer relationship with Lori Moussapour of To Empower U that enables you to access and/or utilize various functions of the Site.  As part of that relationship, you will provide certain information to Lori Moussapour of To Empower U, including but not limited to, your name, email address, shipping address, phone number, and certain transactional information that Lori Moussapour of To Empower U does not consider to be “protected health information” or “medical information”.  Lori Moussapour of To Empower U will use the data and information that you provide in accordance with its Privacy Policy.  

Data Retention

Lori Moussapour of To Empower U may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide its users with the Services.  Lori Moussapour of To Empower U may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Lori Moussapour of To Empower U or as required by law.  Please see the Privacy Policy for additional information about how your data will be handled by Lori Moussapour of To Empower U.

Transactions

In connection with any transaction they conduct through the Site, users of the Site may be asked to supply certain information relevant to the transaction, including, without limitation, credit card numbers and expiration dates, billing addresses, shipping addresses, phone numbers, or email addresses. By submitting such information, users grant Lori Moussapour of To Empower U without charge the irrevocable, unencumbered, universal, and perpetual right to provide such information to third parties for the purpose of facilitating the transaction.

Waiver

No delay or omission by Lori Moussapour of To Empower U to exercise any right or power it has under these TOU or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Lori Moussapour of To Empower U must be in writing and signed by an authorized representative of Lori Moussapour of To Empower U. 

Jurisdictional Issues

These TOU, the Privacy Policy, and Lori Moussapour of To Empower U’s collection, use, and disclosure of information are governed by United States law. 


Miscellaneous

Lori Moussapour of To Empower U strives to use reasonable physical, technical, and administrative measures to protect information under its control.  However, you as a user of the Site are responsible for keeping your account passwords and login information secure and confidential, and you are responsible for any all use of the Site.  If you have reason to believe that the security of your account has been compromised, please notify us immediately at +1-914-488-4673. 


As a User of the Site, you may choose to not provide us with certain information, but this may limit the features you will be able to use, or it may prevent you from using the Site altogether.  You may also choose to opt-out of receiving certain communications from Lori Moussapour of To Empower U.  

Lori Moussapour of To Empower U may supplement, amend, or otherwise modify these TOU at any time.  When we make changes, we will revise the “last modified” date at the bottom of this document.  We encourage you to review these TOU periodically.  

Disclaimers

YOUR ACCESS AND USE OF THE SITE IS VOLUNTARY AND IS AT YOUR SOLE RISK.  Lori Moussapour of To Empower U DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SITE AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE.  Lori Moussapour of To Empower U DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SITE.  Lori Moussapour of To Empower U DOES NOT WARRANT THAT THE SITE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, OR IMPERFECTIONS. 

Limitation of Liability 

IN NO EVENT SHALL Lori Moussapour of To Empower U, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS OF USE, OR INABILITY TO USE THIS SITE OR ANY OTHER SITE LINKED TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, SITE, ERRORS, OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THE SITE.  SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY. 

YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST Lori Moussapour of To Empower U FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE SITE. 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST Lori Moussapour of To Empower U ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF YOUR USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Entire Agreement 

These TOU and any other agreements Lori Moussapour of To Empower U may post on the Site or that you and Lori Moussapour of To Empower U may execute from time to time constitute the entire agreement between Lori Moussapour of To Empower U and you in connection with your use of the Site and supersede any prior agreements between Lori Moussapour of To Empower U and you regarding use of the Site, including prior versions of these TOU. 

Governing Law and Jurisdiction

Accessing this Site or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited.  Notwithstanding the laws of the location from which you access the Site, you agree that the statutes and laws of the State of New York, notwithstanding any principles of conflicts of law, will apply to all matters relating to the use of the Site.   You irrevocably submit to the exclusive jurisdiction of the courts of the State of New York, Westchester County, in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction.

If any part of these TOU are deemed unlawful, void, or unenforceable, such part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. 

Arbitration

In the event of any dispute between you and Lori Moussapour of To Empower U, you agree that such dispute shall be resolved through arbitration in Westchester County, New York by the American Health Lawyers Association (“AHLA”) Dispute Resolution Service and conducted pursuant to the applicable AHLA Rules of Procedure for Arbitration (the “Arbitration Rules”).  The fees and expenses of any arbitration shall be allocated in accordance with the “Standard Allocation” provisions of the Arbitration Rules.  The award of the arbitrator shall be final, binding and conclusive on all parties to the arbitration.  

Changes to this Agreement

When we make changes, we will revise the “last modified” date at the bottom of this document.  We encourage you to review these TOU periodically.  Your continued use of Lori Moussapour of To Empower U constitutes your agreement to the changed TOU. 

Last modified:  October 25, 2022