Website Terms of Service

1.1 Clinic Entity. Sunflower Clinic, P.A. is a professional association that provides telehealth-related clinical and administrative services through licensed professionals where legally permitted. Principal business address: 4322 Buckingham Rd., Royal Oak, MI 48073. NPI: 1154262400.

1.2 Website vs. Clinical Care. The Website is a digital access point for information, appointment requests, intake, scheduling, payment, communications, portal access, and related services. The Website itself is not medical care, treatment, diagnosis, crisis intervention, or emergency response.

1.3 No Provider-Patient Relationship from Browsing Alone. Visiting the Website, reading content, filling out forms, messaging us, or requesting an appointment does not by itself create a provider-patient relationship. A provider-patient relationship is formed only if Sunflower Clinic accepts you as a patient and begins providing clinical services.

1.4 Current Eligibility Scope. Sunflower Clinic currently offers services through this Website for patients who are 18 years of age or older. If Sunflower Clinic later offers services to minors, those services will be subject to separate intake, consent, and legal requirements.

1.5 Geographic Limits. Clinical services are available only where Sunflower Clinic and its clinicians are licensed or otherwise legally permitted to practice, and where the requested services may lawfully be provided by telehealth.

2.1 Not for Emergencies. The Website, appointment tools, forms, portal messages, SMS, email, and other online features are not intended for emergencies, urgent psychiatric issues, overdose response, suicidal thoughts, homicidal thoughts, withdrawal emergencies, or any situation involving an immediate risk of harm.

2.2 Call 911 or 988. If you believe you or another person may be in danger, call 911, go to the nearest emergency room, contact local emergency services, or call/text 988 immediately. Do not wait for a response from Sunflower Clinic.

2.3 No Real-Time Monitoring. We do not continuously monitor Website activity, forms, emails, texts, portal messages, or appointment requests for emergencies, and we may not review or respond immediately.

2.4 User Responsibility. You are responsible for obtaining emergency or crisis care when needed and for not relying on the Website as your sole or primary means of obtaining urgent help.

3.1 Telehealth Services. Sunflower Clinic provides telehealth services only where lawful and clinically appropriate.

3.2 Clinical Judgment Controls. Sunflower Clinic may decline to provide care, delay care, require additional information, refer you elsewhere, require in-person evaluation, or determine that telehealth is not appropriate.

3.3 No Guarantee of Acceptance or Outcome. We do not guarantee that you will be accepted as a patient, that any requested service will be available, that treatment will be appropriate, or that any particular outcome will occur.

3.4 No Guarantee of Medication or MAT. We do not guarantee the prescribing, continuation, refill, or availability of any medication, including medication-assisted treatment. All prescribing decisions are subject to clinical judgment, legal restrictions, patient safety considerations, verification requirements, and applicable policy.

3.5 Patient Location and Information. You agree to provide accurate information regarding your identity, age, physical location, contact details, emergency contact, insurance, pharmacy, and relevant health history.

4.1 Account Information. If you create an account or submit information, you must provide complete, current, and accurate information.

4.2 Appointments. Appointment requests are not guaranteed. Sunflower Clinic may cancel, reschedule, or decline appointments.

4.3 Payment Responsibility. Sunflower Clinic may accept insurance, cash pay, or both. Insurance verification is not a guarantee of coverage or payment. You are responsible for fees, co-pays, deductibles, coinsurance, non-covered services, late cancellation charges, no-show fees, and other amounts for which you are responsible under the patient agreement.

4.4 Card on File. If permitted under the patient agreement, you authorize Sunflower Clinic and its processors to maintain a payment method on file and charge amounts you owe, including applicable fees and outstanding balances.

4.5 Electronic Communications. By using the Website, you consent to receive communications by email, SMS/text, portal message, phone, and other electronic means regarding appointments, account matters, intake, service updates, billing, and related administrative matters, subject to applicable law and your signed patient consents.

4.6 Messaging Limits. Website forms, portal messages, texts, and emails may not be secure in every circumstance, may not be reviewed immediately, and must not be used for emergencies.

5.1 Privacy Policy. Your use of the Website is also governed by our Privacy Policy.

5.2 HIPAA Notice Controls for PHI. If Sunflower Clinic is acting as a HIPAA-covered healthcare provider, protected health information (“PHI”) is governed by the applicable Notice of Privacy Practices and by HIPAA.

5.3 42 CFR Part 2. To the extent Sunflower Clinic creates or maintains substance use disorder patient records subject to 42 CFR Part 2, those records are subject to special confidentiality protections and may not be disclosed except as permitted by law or valid patient consent.

5.4 No Expansion of Rights. Nothing in these Terms expands our right to use or disclose PHI or 42 CFR Part 2 records beyond what applicable law permits.

You may not use the Website to provide false information, impersonate another person, interfere with security, upload harmful code, misuse appointment or messaging functions, attempt unauthorized access, harvest data, or use the Website for unlawful purposes.

The Website and its content, design, trademarks, text, graphics, and software are owned by or licensed to Sunflower Clinic and are protected by law. You receive only a limited, revocable, non-exclusive right to use the Website for lawful personal use.

The Website may interact with third-party services such as payment processors, telehealth vendors, portal providers, hosting providers, communications vendors, or other service providers. We are not responsible for third-party services that we do not control.

9.1 Website Provided As Is. To the fullest extent permitted by law, the Website and non-clinical Website content are provided “as is” and “as available,” without warranties of any kind.

9.2 No Warranty of Availability or Results. We do not warrant uninterrupted access, error-free performance, compatibility with all devices, or that Website content alone is suitable for your needs.

9.3 Clinical Care Carve-Out. Nothing in these Terms waives or limits non-waivable duties or liabilities applicable to licensed healthcare professionals or clinical services under law.

9.4 Limitation of Liability. To the fullest extent permitted by law, Sunflower Clinic will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from Website use. Sunflower Clinic’s aggregate liability arising from Website use will not exceed the greater of (a) amounts you paid specifically for Website-related services in the 12 months preceding the claim, or (b) $100, except where prohibited by law.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

10.1 Informal Resolution. Before initiating arbitration, you agree to attempt to resolve disputes informally by written notice to Sunflower Clinic and allowing 30 days to respond.

10.2 Binding Arbitration. Except for excluded claims below, disputes arising out of or relating to these Terms or Website use will be resolved by final and binding individual arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association (AAA) under applicable rules.

10.3 Remote Proceedings. To the fullest extent permitted by law, arbitration may be conducted remotely by video, telephone, documents-only submission, or other remote means, unless the arbitrator determines otherwise.

10.4 Class Action Waiver. You and Sunflower Clinic agree that claims may be brought only in an individual capacity and not as a class, collective, coordinated, mass, or representative action. The arbitrator may not preside over any class or representative proceeding.

10.5 Excluded Claims and Non-Waivable Rights. This section does not apply to claims that cannot lawfully be subject to pre-dispute arbitration or waiver, to small claims matters where available, or to requests for injunctive relief that applicable law does not permit to be waived.

10.6 Governing Law and Venue. The Federal Arbitration Act governs this arbitration section. For issues not governed by the FAA, these Terms are governed by the law of the Commonwealth of Pennsylvania, except to the extent non-waivable law of another state applies.

10.7 Severability. If any part of this arbitration section is held unenforceable, the remainder shall remain enforceable to the fullest extent permitted by law.

11.1 Changes. We may update these Terms from time to time by posting updated terms on the Website.

11.2 Termination. We may suspend or terminate access to the Website if we believe these Terms have been violated or if continued access creates risk.

11.3 Entire Agreement. These Terms and the Privacy Policy govern Website use. Patient care is also governed by separate patient-facing agreements and consents.