Your use of the services offered byPatients Medical, Inc. (“Patients Medical,” “we,” “us,” or “our”), including the website www.patientsmedical.com and any related websites, mobile sites, applications (including without limitation desktop and mobile), products, and software services that include personal health care navigation services, wellness services, communication services, and other technology or personal services pro The use of the Services and, if applicable, your involvement in any health and/or wellness program made available through the Services (the “Program” or “Additional Terms”) may be governed by additional policies, guidelines, consent forms, rights statements, and/or terms. By accessing or using any portion of the Services or by using or engaging in any portion of the Program, you agree to be bound by the Additional Terms, which are incorporated herein by reference. Any supplemental conditions included as part of a particular portion of the Services or Program shall take precedence over these conditions in the event of a conflict regarding how you may use that particular portion of the Services or Program.
Before using the Services, please read these Terms attentively and in their entirety. They include crucial details about the Services we delivered to you as well as any costs, taxes, and fees we might bill you. These terms contain information on potential modifications, liability restrictions, a waiver of class actions, and the arbitration rather than court option for resolving conflicts.
DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW.
1. The Fundamentals of Patients Medical Use.
You might need to create a user account, choose a login and password (your “Patients Medical User ID”), and give us specific information, like your contact information, in order to use many of the Services. You guarantee that the registration information you give us about yourself is true, current, and full. You may not choose a name for your Patients Medical User ID that you do not have permission to use, or one of another person with the purpose to pass for that person. Without our previous written consent, you may not transfer your account to another person.
You certify and indicate that you are of legal age to enter into a contract in your state of residence. If you are using or taking part in the Program on behalf of someone else as that person’s parent, guardian, conservator, or custodian (“Family Member”), you represent and warrant that you have the legal capacity to accept these Terms on their behalf and to give the family member’s consent to treatment.
You may use the Services only in a way that complies with all applicable laws, and only for your own internal, private, noncommercial use. You may not use the Services on behalf of or for the profit of any third party. Some Services might not be accessible in your state or country due to state and federal laws that apply to Patients Medical and the Practices (described below). You guarantee that you are not a person who is prohibited by US law or the laws of another applicable jurisdiction where you may be situated from signing up for and/or receiving the Services. Only users residing in the states where the Services are offered in the United States are permitted access to and use of the Services. It is not permitted to access the Services from regions where the material is unlawful or where we do not provide services. You are not permitted to use the Services if doing so would violate any relevant laws. We cannot and will not be held liable if you use the Services in an illegal manner.
You must safeguard the confidentiality of your Patients Medical User ID, account, password, and any other access tools or credentials. You will not divulge your Patients MedicalUser ID, account, or password to anyone. Any action connected to your Patients MedicalUser ID and account is your responsibility. Any illegal use of your Patients MedicalUser ID must be reported right away to Patients Medicalby sending an email to info@patientsmedical.com
2. Practices; providers.Â
The Services are used by healthcare providers (“Providers”) to organize your access to specific healthcare services through the Program. You can interact with Providers, accountability coaches (referred to as “Coaches”), and Patients Medical support staff via telehealth using the Services. Each Provider uses their own independent medical judgment when giving treatment or advice through the Program. Providers provide medical services for the Program. Each Provider works for or is under contract with a business that is separately owned by a doctor who is certified to practice medicine, notPatients Medical. All references to Practice or Practices in this Agreement shall be deemed to include all Providers as well as Patients Medical.
If you have a medical or mental health emergency, are considering suicide, or are taking actions that could harm you or others, you should seek emergency treatment at the nearest emergency room or dial 911. THE SERVICES ARE NOT, AND SHOULD NEVER BE USED AS, A SUBSTITUTE FOR EMERGENCY MEDICAL CARE.
3. Statement of the Program.Â
Using interactive audio, video, messaging, and other communication and media tools through the Services, providers deliver specific healthcare services under the Program. Through the Program, coaches may also offer non-clinical wellness-related services.
Although you may have the chance to establish ongoing care relationships with providers, your initial meeting may only serve as a consultation (to ascertain whether you are eligible to participate in a program, for example) and won’t inevitably result in a provider-patient relationship. For instance, a Provider might decide that the Program is inappropriate for you or all of your treatment requirements. Any Provider might also decide not to offer you certain clinical services or to offer the Program to you in any other way through the Services. Your Provider retains the right to refuse care if there is a possibility that the Program will be abused or for any other reason, including if, in your Provider’s professional opinion, the provision of the Program is not morally or medically acceptable.
Providers may request lab, imaging, and other diagnostic procedures to be performed outside of the Practices, including at clinical laboratories and testing facilities, as part of the provision of clinical services. Additionally, providers have the authority to write orders for drugs that are sold by pharmacies unaffiliated with the Practices. You might have extra expenses for these tests or prescriptions in each instance. The data and materials you submit through the Services, including any data and materials you might have gotten from other healthcare professionals, may also be used by the suppliers.
You must accept the Consent to Telehealth and recognize receipt of the Notice of Privacy Practices in order to use the Program or engage in other Program activities. Additional terms and conditions, such as the Membership Terms & Conditions (for non-employer programs) and those relating to third-party goods and services (such as those provided by pharmaceutical makers), may need to be accepted before you can use or participate in the Program. Even though you might be needed to accept these terms and conditions from a third party, you are unable to bindPatients Medical, a Practice, or any Provider to them.
The Program consists of a direct health care service; for the avoidance of doubt, it is not health insurance. THIS AGREEMENT DOES NOT CONSTITUTE A HEALTH INSURANCE PRODUCT AND DOES NOT MEET ANY INDIVIDUAL HEALTH INSURANCE MANDATE THAT MAY BE REQUIRED BY FEDERAL LAW, INCLUDING THE FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT. Practices do not submit claims to, or otherwise interact with, federal or state health insurance systems like Medicare and Medicaid. A Provider) might advise you to get services that the Practices don’t provide (like, for instance, specialized services or diagnostic tests), but no Practice will ever be held liable for the costs of any such tests or services. It is your responsibility to comprehend your benefits and whether any suggested tests or services might be covered by your insurance if you have health insurance. Regarding whether your insurance provider will pay any fees or other costs or expenditures you incur in connection with the Program or any other services you might receive, Patients Medicalmakes no guarantees or representations in this regard.
4. Privacy.
For more information on how Providers and the Practices may collect, use, share, and protect your Protected Health Information (as that term is defined under the Health Insurance Portability and Accountability Act of 1996 and related regulations), please refer to the Practices’ Notice of Privacy Practices. Additionally, please refer to our Privacy Policy, the terms of which are hereby incorporated herein by reference, to learn how Patients Medicalgathers, uses, distributes, and protects your personal information. Please send an email to info@patientsmedical.com if you have any concerns about privacy.
5. Electronic communications and messaging.
You might obtain correspondence from the Services, such as emails or SMS messages, through the Services. You authorize Patients Medicaland the Practices to send you information that we believe may be of interest to you by enrolling in the Services and giving us your cellular number. You agree to receive texts from Patients Medicaland the Practices at the wireless number you gave. Patients Medicalmay text you using automated dialing technology. Additionally, you guarantee that all Family Members for whom you register for the Services or give a wireless phone number have given their permission to hear from Patients Medicaland the Practices. You consent to defend and indemnify Patients Medicaland the Practices from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including lawyers’ fees) resulting from or connected to your violation of the aforementioned.
You are communicating electronically with Patients Medicalwhen you use the Services or transmit emails, messages, and other communications from your desktop or mobile device toPatients Medical. You agree to receive email correspondence fromPatients Medical. You acknowledge that (a) all contracts and consents may be executed online and (b) Patients Medicalelectronic delivery of all notices, disclosures, and other communications satisfies any legal requirement that such notices and other communications be in writing. In order to validate your information, which may include health information about you or a family member, Patients Medicaland the Practices may contact you by phone, mail, text, or email. You are aware that there is a chance that the information in these communications won’t be encrypted and that a third party could access them. To maintain accuracy, you consent to updating your contact details. You agree that all communications between you and Patients Medicaland the Practices will be conducted online. (including without limitation the Providers).
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If you do not provide this information in the manner requested within fourteen (14) days of the request, Patients Medicalreserves the right to suspend, discontinue, or deny your access to and use of the Services and/or Program until you provide the information to Patients Medicalas requested. You agree to provide Patients Medicalwith such additional information as Patients Medicalmay request to verify that you have not fraudulently created your Patients MedicalUser ID.
6. Your actions and obligations.
You affirm, warrant, and agree that you won’t use the Services and/or Program, or otherwise provide or contribute anything, including any Content or User Information (as described below), or interact with them in a way that:
(a) violates or trespasses upon anyone else’s (includingPatients Medical) intellectual property rights or any other rights;
(b) pretends to be someone else, misrepresents your name, or inflates or embellishes your affiliation with a person or organization;
(c) transmits any User Information for which you are not authorized to do so by law, treaty, or other obligations;
(d) contravenes any law or rule, for example, any applicable export control laws, privacy laws, or any other purpose that Patients Medicaldid not reasonably plan;
(e) contains sexually explicit material that is pornographic, offensive, or detrimental to children, or is otherwise objectionable, dangerous, harmful, fraudulent, deceptive, harassing, threatening, or obscene;
(f) disparages any race, ethnic, sexual, or religious group through stereotypical portrayal or another method;
(g) employs offensive words or depictions;
(h) is, in each instance, deemed by Patients Medicalto be harassment, improper behavior, inappropriate sexual advances, verbal abuse, racist remarks, or other unprofessional conduct;
(i) encourages bodily harm of any kind to anyone or any group, or portrays violence as desirable, acceptable, or glamorous;
(j) offers guidance on how to engage in unlawful activity;
(k) compromises the security of your Patients MedicalUser ID, account, or anyone else’s (by permitting a third party to enter into the Services using your identity, for example);
(l) makes any effort to gain access to another user’s password, account, or other security details;
(m) compromises any computer network’s security, or deciphers any passwords or security encryption codes;
(n) utilizes any processes that run or are activated while you are not logged into the Services, interfere with the proper operation of the Services (including by placing an unreasonable load on the Services’ infrastructure), or run Mailist, Listserv, any kind of auto-responder, or “spam” on the Services;
(o) sends any unsolicited or illegal advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other type of solicitation via upload, post, email, or other means;
(p) reaches out to other Service users via unsolicited email, phone calls, mailings, or any other form of interaction;
(q) “crawls,” “scrapes,” or “spiders” any page, data, portion, or aspect of the Services or Content (using manual or automated methods), or creates a deep link to any feature or content on the Services, or gets around our robot exclusion headers or any other measures we may use to block or restrict access to the Services;
(r) stores or copies a substantial part of the Content;
(s) gathers or obtains personal data from anyone else who utilizes the Services;
(t) has any virus or other programming code that could harm computer systems, files, code, programs, servers, networks, or data, or otherwise interrupt, destroy, or restrict the functionality of any computer software or hardware, or telecommunications equipment;
(u) tampers with, harms, or disrupts the Services, servers, or networks connected to the Services, or violates any rules, guidelines, policies, or procedures of networks connected to the Services, including but not limited to using Trojan horses, cancel bots, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing of electronic mail address information, or other similar techniques or technology;
(v) attempts to obtain the source code, underlying concepts, or information pertaining to the Services through decompiling, disassembling, translating, reverse engineering, reverse assembling, reverse compiling, or any other means, or makes any other attempt to modify, defraud, or fabricate results from any executable code, information on, or received by, the Services;
(w) makes unlawful use of any data or information (including but not limited to Content) found on the Services;
(x) aids any third party in carrying out any action that is against the terms of this agreement.
If Patients Medicaldetermines in its sole discretion that you have violated or are likely to violate the aforementioned prohibitions, in addition to any remedies that Patients Medicalmay have at law or in equity, Patients Medicalmay take any action that we deem necessary to remedy or prevent the violation, including without limitation the immediate removal of User Information or related materials from the Services and termination of your right to use or access the Services or take part in a Patients Medicalservice.
7. The Rights You Have in the Services.
You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license by Patients Medicalto use the Services exclusively for your own personal and non-commercial needs and in accordance with these Terms, provided that you comply with these Terms. Copyright and/or other intellectual property laws protect the information displayed, performed, or made available on or through the Services, including but not limited to text, graphics, data, articles, photos, images, illustrations, User Information (as defined below), and so forth (collectively, the “Content”). You agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content that is not your own without the owner’s prior consent. You also agree to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services.
Every user of the Services is given a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (that is, to download and show locally) Content solely for the purposes of using the Services byPatients Medical, subject to these Terms. Without prior written consent fromPatients Medical, use, reproduction, modification, distribution, or storage of any Content for any purpose other than using the Services is strictly forbidden. You recognize that Patients Medicalis the owner of the Services. Except as explicitly permitted in this Section, you may not alter, distribute, transmit, take part in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.
You might be able to copy or download some Content using the Services, but all the limitations in this part still apply even in those cases. For non-commercial, individual use only, one duplicate of the Content may be downloaded or otherwise copied from the Services, with all copyright and other proprietary notices remaining in tact. It is not permitted to make any more copies of the Content or to publish, post, transmit, or distribute it in any other manner.
Images shown on the Services either belong to Patients Medicalor were used with their consent. Except as expressly permitted by these Terms or as expressly permitted elsewhere on the Services, you are not allowed to use these images yourself or on behalf of anyone you have given approval to use them. Any unauthorized use of the pictures could be against the law in terms of copyright, trademark, publicity, and laws governing communications.
8. Your User Details.
Customer Data
Your “User Information” includes all text, photos, audio, code, instructions, requests, ideas, recommendations, comments, forms and agreements, files, videos, images, and other materials that you post, upload, share, store, or otherwise provide through the Services. Each and every piece of User Information you provide to the Services is entirely your responsibility. You guarantee that all User Information you send is true, correct, current, and complies with all laws, rules, and regulations that may be in force.
Licenses
The following licenses are subject to both our Notice of Privacy Practices and our Privacy Policy as they pertain to Protected Health Information and User Information, respectively, that is also individually identifiable information about you. Subject to the foregoing, you give Patients Medicalcertain rights in your User Information in order to display your User Information on the Services and to permit other users to use and access them (where applicable). (see below for more information). You grant Patients Medicala perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable, and non-exclusive license to use, reproduce, adapt, modify, aggregate, translate, publish, publicly perform, publicly display, distribute, edit, reformat, create derivative works from, and otherwise fully exploit such User Information in connection with the Services and Patients Medical (and its affiliates’) business. Any purpose, including without restriction reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting, may be used with respect to such information. Any ideas, concepts, know-how, or techniques in any communication you send to Patients Medicalthrough the Services or by any other method are free to be used by Patients Medicalfor any purpose, including, without restriction, creating and selling products using such information. To be clear, unless otherwise specified in writing, the aforementioned license permits have no bearing on your other ownership or license rights in your user information, including the ability to grant additional licenses. You affirm and guarantee that you have the authority to grant us these licenses without infringing upon or violating the rights of any third party, including without limitation any copyrights, trademarks, contract rights, or other proprietary or intellectual property rights.
Finally, you acknowledge and agree that Patients Medicalmay need to modify your User Information in order to conform and adapt such User Information to the technical requirements of connection networks, devices, services, or media in order to perform the necessary technical steps to provide the Services to Patients Medicalusers (including you); the aforementioned licenses include your permission to make any such necessary technical modifications.
9. DMCA.Â
Patients Medicalhas implemented the following copyright infringement policy in accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”). When content is illegally copied and distributed by any of Patients Medical advertisers, affiliates, content providers, members, or users, Patients Medicalreserves the right to (1) block access to it or remove it; and (2) remove and terminate service for repeat offenders.
(1) Copyright Infringement Reporting Procedure. Please send a notice of copyright infringement with the following information to Patients Medical designated agent if you think any material or content on or accessible through the Services violates your copyright (or the copyright of someone you are authorized to represent).
(a) The written or electronic signature of a representative of the party whose property is purported to have been violated;
(b) The identification of the works or items that have been copied;
(c) Identification of the allegedly infringing content, including information about its location and the copyright owner’s request to have it removed, in sufficient detail to allow Patients Medicalto locate and confirm its existence;
d) The notifier’s contact information, which should include their address, phone number, and, if accessible, email address;
(e) A declaration that the material mentioned in (1)(c) is not permitted by the copyright owner, its agent, or the legislation; and
(f) A declaration made under oath that the information given is truthful and that the complaining party has the owner’s permission to file the complaint.
(2) The Designated Agent receives proper bona fide infringement notification. We reserve the right, following appropriate notice of a copyright infringement, to:
(a) eliminate or block access to the illegal content;
(b) inform the person who is accused of infringement that the relevant content has been removed or access has been restricted; and
If the person is a chronic offender, (c) terminate their access to the Services.
(3) The way a counter-notice is delivered to the designated agent. The content provider may send us a counter-notice containing the following information to the Designated Agent if the person accused of copyright infringement believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law.
(a) The material provider’s written or digital signature;
(b) A description of the content that has been deleted or to which access has been restricted, along with the URL of the page where the content was earlier;
(c) A declaration that the content source believes in good faith that the material was taken down or disabled due to an error or misidentification of the content; and
(d) The name, address, phone number, and, if available, email address of the content provider, as well as a statement that the provider consents to the jurisdiction of the Federal Court for the judicial district in which the address is located, or, if the address is outside of the United States, for any judicial district in which the company is located, and that the provider will accept service of process from the person who posts the content.
If the Designated Agent receives a counter-notice, Patients Medicalmay, at its discretion, send a copy of the counter-notice to the person who first filed the complaint, alerting them that Patients Medicalhas 14 business days to replace the removed material or stop blocking access to it. The removed content might be replaced or accessibility to it might be restored in 14 to 20 working days or more following receipt of the counter-notice, at Patients Medical discretion, unless the copyright owner initiates a lawsuit requesting a court order against the content provider charged with infringement.
Please get in touch with the designated agent for Patients Medicalat the following address:
Patients Medical PC, 1148 Fifth Avenue, Suite 1B, New York, NY 10128: DMCA Designated Agent
10. Responsibility for Content and Services Assigned. Â
Patients Medical developed and/or supplied some of the content made available as part of or through the Services (“Patients Medical Content”). Other Content might have been created by or offered by different people or outside sources. With regard to data or content that is privately or openly transmitted through the Services by parties other thanPatients Medical, Patients Medical expressly disclaims all liability. You do so at your own risk; Patients Medical is not responsible for any mistakes or omissions in such information or Content, nor is it responsible for any harm or loss you may sustain as a result of using it. Additionally, Patients Medical has no control over and is under no obligation to influence how you use or interpret the Content, including Patients Medical Content, or what actions you may take as a result of having access to the Content. As a result, you hereby absolve Patients Medical of all responsibility for any Content you have or have not obtained through the Services. When using the Services, Patients Medical cannot ensure the identity of any users you may engage with and is not in control of who has access to them.
You are accountable for all Content you publish or otherwise make available through the Services, and you affirm and guarantee that you are fully authorized to publish it in the manner in which you do.
The Services might include ties or links to third-party websites, platforms, apps, or services that Patients Medical does not own or control. The terms and conditions of those third-party websites apply to any information you submit through those websites. Any links to these third-party websites are provided for your convenience only and are not an endorsement or suggestion byPatients Medical. In relation to the accuracy, currentness, or completeness of any information found on such websites, Patients Medical makes no representations or warranties of any kind and disclaims all responsibility for any losses or harms of any kind caused by such content or information. You acknowledge that there are dangers involved when using third-party websites or services and that Patients Medical is not liable for those risks. Patients Medical urges you to peruse the terms and conditions and privacy policies of every third-party website or service you use before using it or leaving the Services. By using the Services, you absolve Patients Medical of all responsibility for any damage caused by your use of any third-party website or service.
You acknowledge that Patients Medical is not obligated to get engaged in any disputes that arise between users of the Services or between users and any third party. You releasePatients Medical, its directors, officers, employees, agents, and successors from any claims, demands, and damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected to such disputes and/or our Services in the event that you have a dispute with any third party.
11. improvements to the services. Â
The Services and its Programs may alter over time because Patients Medical is constantly working to improve them. Any capability or feature of the Services may be removed, suspended, or discontinued at our discretion. Additionally, Patients Medical may add new features, place restrictions on specific features, or limit access to some or all of the Services or the Program. Information that is transmitted incorrectly, corrupted, or compromised over any local or interstate telecommunications provider is not the responsibility ofPatients Medical. Anytime, for any reason (including, but not limited to, if someone claims you provided Content in violation of these Terms), in Patients Medical sole discretion, and without prior notification, Patients Medical reserves the right to remove any Content from the Services. In accordance with our internal record retention and/or destruction policies, Patients Medical also retains the right to maintain, delete, or destroy any communications or material posted or uploaded to the Services.
12. Termination.Â
You are always free to cease using the Services. Please contact Patients Medical at info@patientsmedical.com if you wish to stop participating in a Program. Keep in mind that your application for a refund is governed by our Refund Policy. Keep in mind that, if your Program permits it, your involvement in a Program may be terminated in accordance with the Membership Terms & Conditions. Your participation in the Program may be governed by extra terms and conditions that were presented to you when you signed up for the Program if you registered for it through your employer.Â
If for any of the following reasons, Patients Medical, in its sole discretion, terminate your participation in the Program: (i) you frequently miss scheduled appointments; (ii) Patients Medical and/or the Practices are unable to reach you for an extended period of time; (iii) you fail to pay any fees owed; (iv) you harass or bully another person while using the Services; or (iv) you conduct yourself indecently (including, without limitation, by showing up for any If you violate the Terms and/or any other agreement that applies to you, Patients Medical may stop or terminate your use of the Services and/or your Program. Our Refund Policy governs your ability to get a refund for a Program that has been ended.
13. Refusal of Warranties. Â
Patients Medical, the Practices (including, but not limited to, Providers), and each of their respective licensors, suppliers, partners, parents, subsidiaries, or affiliated entities, as well as each of their officers, directors, members, employees, consultants, contract employees, representatives, and agents (collectively, the “Patients Medical Parties”) make no representations or warranties regarding Regarding ideas or recommendations of services or products made available through, connected with, or bought from the Services, the Patients Medical Parties make no representations or warranties. Services are given “AS-IS” and without any warranty of any kind from the Patients Medical Parties or others, whether or not they are used in accordance with the foregoing recommendations and suggestions. (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED BY PATIENTS MEDICAL (AND THE PRACTICES AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. PATIENTS MEDICAL MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL; NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PATIENTS MEDICAL OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS; AND YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. SPECIFICALLY, CALIBRATE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF ELECTRONIC OR TELECOMMUNICATION SERVICES AND ACCESS TO THE ELECTRONIC OR TELECOMMUNICATION SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE ELECTRONIC OR TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE ELECTRONIC OR TELECOMMUNICATION SERVICES. PATIENTS MEDICAL DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, PATIENTS MEDICAL SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN OR USE OF THE SERVICES. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Any general advice posted or offered as part of the Services is just for informational reasons and is not meant to be a replacement for professional advice of any kind, whether it be medical or otherwise. To the fullest extent allowed by law, Patients Medical explicitly disclaims all representations, warranties, and liability with regard to any course of action taken by, or effects on, any person as a result of, using the general information made available or given within or through the Services. You should speak with an appropriately trained and qualified medical services provider if you have particular concerns or if a situation occurs where you need medical advice.
14. Decrease in Liability. Â
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE CALIBRATE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED DOLLARS ($100) OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO PATIONS MEDICALIN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU SHALL AND HEREBY WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542 OR ANY SIMILAR LAW OF ANY JURISDICTION, WHICH SAYS IN SUBSTANCE THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
15. Indemnification.  Â
You consent to defend, hold harmless, and indemnify the Patients Medical Parties from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) resulting from or in any way connected to any claims relating to: (a) your use or misuse of the Services (including any actions taken by a third party using your account); (b) your violation of these Terms; (c) the content or subject matter of any information (including without limitation any data you provide to the If such a claim, litigation, or action arises (a “Claim”), we will try to notify you of it using the contact details we have on file for your account. (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
16. Assignment. Â
Without Patients Medical prior written approval, you are not permitted to assign, transfer, or delegate these Terms, your rights or duties hereunder, or your Patients Medical account in any way (whether by operation of law or otherwise). These Terms, along with any rights and obligations, may be freely transferred, assigned, or delegated by Patients Medical at any moment. The descendants, successors, and legal successors of the parties shall be bound by and shall be entitled to the benefits of these Terms.
17. selection of law. Â
The Federal Arbitration Act, relevant federal law, and the laws of the State of New York, without regard to their conflict-of-laws provisions, shall govern these Terms and their interpretation.
18. Agreement to Arbitrate. Â
Please closely study the following ARBITRATION AGREEMENT as it restricts how you can seek relief from Patients Medical and requires you to arbitrate specific disputes and claims withPatients Medical. You and Patients Medical acknowledge and agree that Patients Medical officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms for the purposes of any dispute arising out of or relating to the subject matter of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Application of the Arbitration Agreement and the Arbitration Rules. Any dispute, claim, question, or disagreement coming out of or pertaining to the subject matter of these Terms must first be resolved by good-faith negotiations between the parties before either can bring an arbitration claim. If these talks fail to resolve the conflict, binding arbitration will be used to settle it in the Borough of Manhattan, City of New York, State of New York. The arbitration will be conducted by one commercial arbitrator with extensive expertise in resolving intellectual property and commercial contract disputes in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in force. According to these Rules, the arbitrator will be chosen from the relevant JAMS arbitrator roster. Any court with the necessary jurisdiction may issue judgment based on the arbitrator’s decision.
(c) Arbitration fees. All costs for arbitration will be paid in accordance with the Rules. For cases that are less than seventy-five thousand dollars ($75,000), Patients Medical will cover all arbitration costs. If the arbitrator finds that your claim is frivolous, Patients Medical will not ask for its legal expenses and costs.
Infringement; Small Claims Court. If your claims are eligible, you or Patients Medical may present them in small claims court in the Borough of Manhattan in New York City, New York, or in any other US county where you reside or conduct business. In addition, each party shall have the right to seek injunctive or other equitable relief at any time from any court of competent jurisdiction, notwithstanding the foregoing requirement that disputes be arbitrated, to stop the actual or potential infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
(d) Jury Trial Waiver. You Patients Medical are instead electing to have claims and conflicts arbitrated, and you and Calibrate hereby WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. Arbitration procedures are usually more constrained, more effective, and less expensive than rules that apply in court and are only very rarely subject to judicial review. You and Patients Medical agree to forego your right to a jury trial in favor of having a judge decide your case in any legal battle over whether to execute or invalidate an arbitration award.
(e) The waiver of collective or class actions. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. If this waiver of class or consolidated actions is found to be invalid or unenforceable, neither you nor Patients Medical e is entitled to arbitration; instead, all claims and disputes will be resolved by individual arbitration.
(f) Refuse. By sending a written notice of your decision to opt out toPatients Medical, , Attn:Patients Medical Legal, 1148 Fifth Avenue, Suite 1B, New York, NY 10128., postmarked within thirty (30) days of first accepting these Terms, you have the right to reject the provisions of this Section. You must clearly indicate that you want to opt out of the arbitration clause in these Terms and include (i) your name and residential address, (ii) the email address and/or phone number connected to your account.
(g) A Special Location. The aforementioned arbitration agreement will not apply to either you or Patients Medical if you send the opt-out notice in (f), and/or in any situations where the foregoing arbitration agreement allows either of you or Patients Medicato litigate any dispute arising out of or relating to the subject matter of these Terms in court. Instead, both you and Patients Medicaagree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively
Severability (h). All of the preceding wording in this Arbitration Agreement section shall be deemed null and void in the event that the foregoing restriction on class actions and other claims brought on behalf of third parties is determined to be unenforceable. Your association with Patients Medicawon’t end if this arbitration agreement does.
19. The terms’ updates. Â
These Terms may need to change in order for our Services to keep up with our ongoing efforts to enhance them. The Terms are subject to change at any moment, but if we do, we’ll post a notice through the Services, email you, or let you know in another way. You are free to refuse the new Terms if you don’t agree with them, but regrettably that will prevent you from using the Services any longer. Any use of the Services following the implementation of a change to the Terms constitutes your acceptance of all such changes.
20. Miscellaneous.  Â
All clauses that ought to remain in effect after these Terms have been terminated do so. Any obligation you have to Patients Medical to pay or indemnify it, any restrictions on Patients Medicaliability, any provisions relating to ownership or intellectual property rights, and any provisions relating to disputes between Patients Medicaand you, including without limitation the arbitration agreement, all of the foregoing terms will endure termination, for illustration only. All taxes, duties, and other governmental assessments related to your activity in association with the Services are your responsibility to pay, withhold, file, and report. Any rights under this agreement that are not exercised in any way by you or Patients Medicain no way constitute a renunciation of any other rights under this agreement. You and Patients Medicae agree that no third party is meant to be a beneficiary of these Terms, unless such party is specifically mentioned in the sections above relating to the Apple Application and the Arbitration Agreement. These terms will otherwise stay in full force and effect and enforceable, with any provision that is determined to be unenforceable or invalid being limited or eliminated to the absolute minimum extent necessary. All prior written and oral agreements, communications, and other understandings regarding the subject matter of these Terms are hereby superseded and canceled, and both you and Patients Medical acknowledge and agree that these Terms constitute the entire and exclusive statement of the mutual understanding between you and Calibrate. By signing this document, you recognize and agree that you are not Patients Medical agent and lack all power to bind Patients Medical in any way.
Any event or occurrence beyond Patients Medical reasonable control, including without limitation acts of God, terrorism, war, invasion, failure of any public networks, electrical shortages, earthquakes or floods, civil unrest, strikes, fire, pandemics/epidemics, or other disaster, will not be deemed a breach of these terms or render Patients Medical liable for any breach of these Terms, Privacy Policy, or any Additional Terms.
Please email Patients Medical at info@patientsmedical.com if you have any questions, comments, or issues about these Terms of Use.
