Terms of Service/Use for Telehealth Services

Terms of Service/Use for Telehealth Services

TO: PATIENT / USER

This Terms of Service/Use agreement ("Agreement") specifies the terms and conditions governing your access to and use of our telehealth platform, services, content, and features (collectively, the "Services"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

Electronic Communications. By using our Services, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

1. Privacy

A. Privacy Policy

Your visit to our site and use of our Services is also governed by our Privacy Policy. Please review our Privacy Policy, which is incorporated by reference into this Agreement and explains how we collect, use, and protect the personal information you provide to us.

B. Health Information Privacy

As a telehealth service provider, we are committed to protecting your health information in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and other applicable laws. Our collection, use, and disclosure of protected health information is described in our Notice of Privacy Practices, which is available on our website.

C. Consent to Use and Disclosure of Health Information

By using our Services, you consent to our collection, use, and disclosure of your health information as described in our Notice of Privacy Practices for purposes of providing telehealth services, treatment, payment, healthcare operations, and as otherwise permitted or required by law.

2. Ownership and Intellectual Property

A. Ownership of Content

All content included on this website and within our Services, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, is and shall continue to be the property of our company or our content suppliers and is protected by United States and international copyright, trademark, patent, and other intellectual property laws.

B. Trademarks

Our company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of our company or our affiliates or licensors. You may not use such marks without our prior written permission. All other names, brands, and marks are used for identification purposes only and may be the trademarks of their respective owners.

C. License to Use

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your personal, non-commercial purposes. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission.

3. Intended Audience and User Eligibility

A. Intended Audience

Our Services are intended for use by individuals seeking telehealth services in jurisdictions where such services are legally permitted. Our Services are not intended for use in jurisdictions where telehealth services are prohibited or restricted.

B. Age Restrictions

You must be at least 18 years of age to access and use our Services. If you are under 18 years of age, you may only use our Services with the involvement and consent of a parent or legal guardian who agrees to be bound by this Agreement.

C. Capacity to Consent

By using our Services, you represent and warrant that you have the legal capacity to consent to medical treatment and to enter into this Agreement. If you are accessing our Services on behalf of another person, you represent and warrant that you are authorized to act on behalf of such person and to bind such person to this Agreement.

4. Telehealth Services

A. Description of Services

Our Services enable patients to connect with licensed healthcare providers for the purpose of receiving medical care and education through electronic communications, information technology, or other means. Telehealth services may include consultation, diagnosis, treatment recommendations, prescription of medications (where permitted by law), and follow-up care. Periodic text or SMS messages may be sent to update you on your appointments and care plans You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you. If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to [email protected]. Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider. For privacy-related inquiries, please refer to our privacy policy: found here https://healthreexamined.com/privacy.

B. Not a Substitute for Emergency Services

IMPORTANT: Our Services are not intended to replace emergency services and are not appropriate for medical emergencies. If you are experiencing a medical emergency, call 911 or your local emergency services immediately, or go to the nearest emergency room or hospital.

C. Provider Licensing and Qualification

Healthcare providers delivering services through our platform are licensed in accordance with applicable state laws and regulations. However, our providers may not be licensed in all states, and the availability of specific providers may be limited based on your location. We make reasonable efforts to verify the credentials and qualifications of our providers, but we do not guarantee the quality of any particular provider.

D. Limitations of Telehealth

You acknowledge that telehealth has limitations compared to in-person medical care. Certain conditions may not be appropriate for telehealth and may require in-person evaluation or treatment. Our providers will inform you if they determine that telehealth is not appropriate for your condition and may recommend alternative care options.

E. No Guarantee of Treatment

We do not guarantee that a prescription or treatment will be issued as a result of your telehealth consultation. All treatment decisions, including whether to prescribe medication, are made by the healthcare provider in their professional judgment and in accordance with applicable standards of care and legal requirements.

F. Appointment Scheduling and Cancellation

You are responsible for scheduling appointments through our platform and for providing accurate information when doing so. We reserve the right to charge a cancellation fee for appointments cancelled with less than 24 hours' notice or for missed appointments, as specified in our cancellation policy.

5. User Responsibilities

A. Account Registration and Security

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

B. Accurate Information

You agree to provide accurate, complete, and current information about yourself, including your medical history, current medications, allergies, and symptoms, during registration and in all interactions with healthcare providers. You acknowledge that providing incomplete or inaccurate information may compromise the quality and safety of the care you receive.

C. Compliance with Laws

You agree to use our Services in compliance with all applicable laws, regulations, and ordinances, including laws related to privacy, data protection, and telehealth services.

D. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Using our Services for any illegal purpose or in violation of any local, state, national, or international law
  • Attempting to obtain prescriptions for controlled substances or other medications for non-therapeutic purposes
  • Impersonating another person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
  • Interfering with or disrupting the operation of our Services or servers or networks connected to our Services
  • Attempting to gain unauthorized access to our Services, user accounts, or computer systems or networks
  • Harassing, threatening, or intimidating any healthcare provider or other user of our Services
  • Using our Services in a manner that could disable, overburden, damage, or impair our Services or interfere with any other party's use of our Services

6. Payment Terms

A. Fees and Charges

You agree to pay all fees and charges associated with your use of our Services, including consultation fees, subscription fees (if applicable), and any other charges incurred in connection with your account. All fees are stated in U.S. dollars and do not include any applicable taxes unless specifically stated.

B. Payment Methods

We accept payment through the methods specified on our website. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for all fees and charges associated with your account.

C. Billing and Collection

We may bill you through an online billing account, by email, or by any other reasonable method at our discretion. You agree to pay all amounts due upon receipt of our invoice. If your payment method is declined or if you fail to pay any fees or charges when due, we may suspend or terminate your access to our Services.

D. Insurance and Third-Party Payers

We do not guarantee that our Services will be covered by your health insurance or other third-party payers. You are responsible for determining whether our Services are covered by your insurance and for paying any fees or charges not covered by insurance. You authorize us to bill your insurance or other third-party payers on your behalf, but you remain responsible for any fees or charges not paid by such third parties.

E. Refunds

Refunds may be issued at our discretion in accordance with our refund policy, which is available on our website. Unless otherwise specified in our refund policy, all fees and charges are non-refundable.

7. Indemnification

You agree to indemnify, defend, and hold harmless our company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:

  • Your use of our Services
  • Your violation of this Agreement
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws, rules, or regulations
  • Any content or information you submit, post, or transmit through our Services

8. Disclaimer of Warranties

THE INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS MADE THAT THE INFORMATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

9. Use of Information

A. Medical Information

The medical information provided through our Services is for informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or heard on our Services.

B. Content Accuracy

While we strive to provide accurate and up-to-date information, we make no representations or warranties about the accuracy, reliability, completeness, or timeliness of the content, information, software, text, graphics, links, or communications provided on or through our Services.

C. Third-Party Content

Our Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources. You acknowledge and agree that we are not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, products, or services available on or through any such third-party websites or resources.

10. Miscellaneous Provisions

A. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law.

B. Compliance with Local Laws

You are responsible for complying with all local laws, regulations, and rules that apply to your use of our Services. Our Services may not be appropriate or available for use in certain jurisdictions. By using our Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.

C. Severability

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

D. Waiver

The failure of our company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by our authorized representative.

E. Entire Agreement

This Agreement, together with our Privacy Policy and any other legal notices or additional terms and conditions or policies published by us on our website, constitutes the entire agreement between you and our company concerning our Services and supersedes all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and us with respect to our Services.

F. Modification

We reserve the right, at our sole discretion, to modify, alter, or otherwise update this Agreement at any time. Such modifications shall be effective immediately upon posting. Your continued use of our Services following any such modifications constitutes your acceptance of the revised Agreement. It is your responsibility to regularly check this Agreement for changes. If you do not agree with the modifications, you must discontinue using our Services.

11. Termination

A. Termination by Us

We may terminate or suspend your access to all or part of our Services, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of this Agreement, applicable laws or regulations, or is harmful to the interests of another user, a third party, or us.

B. Termination by You

You may terminate this Agreement at any time by discontinuing your use of our Services and closing your account (if applicable).

C. Effect of Termination

Upon termination of this Agreement for any reason:

  • Your right to access and use our Services will immediately cease
  • We may, but are not obligated to, delete any of your content or information stored on our servers
  • Sections of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability

12. Acknowledgment

By using our Services, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. If you do not agree to these terms and conditions, you must not access or use our Services.