TERMS OF USE
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CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE CLICKING THAT YOU AGREE. CLICKING “I AGREE” INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CLOSE THIS PAGE AND DO NOT PROCEED WITH THE HOTELEMED SERVICE. HOTELEMED has the right to change the terms of this agreement at any time. When the terms of this agreement are changed, you will be notified the next time you access the HOTELEMED Service, and will be provided with the opportunity to agree to the updated terms, or to terminate your use of the HOTELEMED Service. You may always view the most updated terms at http://www.HOTELEMED.com/terms-conditions/. You acknowledge and understand that (1) you are using the HOTELEMED Service to facilitate the delivery of health care services from the providers who have agreed to provide services through the HOTELEMED Service (the “Providers”), and that such services are provided at the sole discretion of the Providers; (2) accessing the HOTELEMED Service from a state other than the Service Line you have requested is prohibited, and you confirm that you are physically located in the state in which you are requesting the HOTELEMED Service; (3) the HOTELEMED Service is currently not reimbursable by any government health care program such as, Medicare, Medicaid, and you agree not to use the HOTELEMED Service for any services that are or might be reimbursable by such programs; (4) the HOTELEMED Service is currently not reimbursable by any commercial insurer, managed care organization, preferred provider organization or other payor, and you will not seek reimbursement from any such payor for the cost of use of the HOTELEMED Service; (5) you are at least 18 years old, or accompanied by a parent or guardian who can give informed consent on your behalf if you are under the age of 18 at the time of the consultation; and (6) if you are seeking services on behalf of a child, dependent or other person for whose medical care you are responsible, your approval of the terms of this Use Agreement will bind such other person to these terms. NOTICE OF PRIVACY PRACTICES THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. We understand that medical information about you, and your health is personal information. We are dedicated to maintaining the privacy and integrity of your protected health information (“PHI”). PHI is information about you that may be used to identify you (such as your name, social security number, or address), and that relates to (a) your past, present, or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present, or future payment for the provision of health care. In providing HOTELEMED Services, we will receive and create records containing your PHI. We need these records to provide you with quality care and to comply with certain federal and state legal requirements. We are required by law to maintain the privacy of your PHI and to provide you with notice of our legal duties and privacy practices with respect to your PHI. To the extent required by law, when using or disclosing your PHI or when requesting your PHI from another covered entity, we will make reasonable efforts not to use, disclose, or request more than the minimum necessary set of your PHI and, or if needed by us, no more than the minimum amount of PHI necessary to accomplish the intended purpose of the use, disclosure, or request, taking into consideration practical and technological limitations. HOW WE USE AND DISCLOSE MEDICAL INFORMATION ABOUT YOU. Treatment – HOTELEMED will use or disclose your medical information to provide treatment and deliver the services you have requested. Use and disclosure of your medical information may include, without limitation, creation of an electronic health record and appointment reminders, discussion with your treating health care practitioners to facilitate your health care oversight, investigation of research opportunities or treatment alternatives for your health care issues, identification of health-related benefits and services that may be of interest to you and to communicate important health information with members of your family. We may also disclose PHI to other providers involved in your treatment. Payment – Your protected health information will be used and disclosed, as needed; to obtain payment for your health care services provided our providers Health Care Operations – HOTELEMED may also collect aggregate data about your health for operations and improvement of services. This includes internal administration and planning, as well as various activities that improve the quality and cost effectiveness of the care that we deliver to you. We may disclose your PHI to our business associates so that they can perform the job we have asked them to do in order to provide better healthcare services to you. To protect your PHI, we require our business associates to sign a contract stating that they will appropriately safeguard your PHI to HIPAA standards For further permitted uses and disclosures, which (1) may be made without your authorization, or opportunity to agree or object, or (2) require your written authorization, please see the full version of the HOTELEMED Notice of Privacy Practice by referring to http://www.HOTELEMED.com/terms-privacy/ YOUR RIGHTS REGARDING YOUR HEALTH INFORMATION. You have the right to (1) inspect and copy your protected health information, (2) request a restriction of your protected health information, (3) request to receive confidential communications, (4) amend your records, (5) receive an accounting of disclosures, (6) obtain a paper copy of this notice. OUR PLEDGE REGARDING YOUR FINANCIAL INFORMATION. This notice applies to all of the financial records generated by HOTELEMED. All financial records created will be held confidentially by HOTELEMED, unless required by law to disclose the information. HOW WE MAY USE AND DISCLOSE FINANCIAL INFORMATION ABOUT YOU. HOTELEMED will only use your financial information to transact business with you and for everyday business purposes of the company. We will not share this information with any affiliates or non-affiliates. PLEDGE REGARDING OUR WEBSITE No data transmission over the Internet can be guaranteed to be 100% secure. But, we strive to protect your personal information from unauthorized access, use or disclosure. When you interact on our web site, all of your information is transmitted through the Internet using Secure Socket Layers (SSL) technology. SSL technology causes your browser to encrypt your information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our web site from capturing and viewing your personal information. Once your information leaves our Secure Site, HOTELEMED is no longer able to control further disclosure of your information. If you choose to share your PHI over email, you acknowledge the risk of unsecured communication. Cookies are text information files that your web browser places on your computer when you visit a website. Cookies assist in providing non-personal information from you as an online visitor. It can be used in the customization of your preferences when visiting our website. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. We use Google Analytics, a third-party tracking service, which uses cookies to track non-personally identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. We have no access to or control over these cookies. This Notice covers the use of cookies by our company only and does not cover the use of cookies by any third-party. QUESTIONS OR COMPLAINTS. If you have any questions or complaints about this Notice of Privacy Practice with HOTELEMED, please see the contact information for the HOTELEMED HIPAA Compliance Officer by referring to the full version of the HOTELEMED Notice of Privacy Practice at http://www.HOTELEMED.com/terms-privacy/. LIMITATIONS OF USE In using the HOTELEMED Service, you may not: (1) distribute, rent, lease or sublicense all or any portion of the HOTELEMED Service; (2) modify or prepare derivative works of the HOTELEMED Service; (3) publicly display visual output of the HOTELEMED Service; (4) transmit the HOTELEMED Service over a network, by telephone, or electronically using any means; (5) transmit information that contains or promotes any virus, worm, or any other computer programming or code that is designed for or intended to disrupt the operation of the HOTELEMED Services; (6) attempt to gain unauthorized access to the HOTELEMED Services data systems through hacking, password mining, use of robots or scrapers, or any other means; or (7) reverse engineer, decompile or disassemble the HOTELEMED Service. You agree to keep confidential and use your best efforts to prevent and protect the contents of the HOTELEMED Service from unauthorized disclosure or use. You agree not to use the HOTELEMED Service in an unlawful way or for an illegitimate purpose. You will not post or transmit (1) a message or any information under a false name; (2) any information, data, or content that is slanderous, defamatory, offensive, fraudulent, false or contrary to the ownership or intellectual property rights of another person, predatory of minors, harassing, threatening, or hateful to any person. LEGAL NOTICES AND DISCLAIMERS DISCLAIMERS YOU AGREE THAT YOUR USE OF THE HOTELEMED SERVICES IS AT YOUR SOLE RISK. ALL INFORMATION, PRODUCTS, AND SERVICES CONTAINED IN OR PROVIDED THROUGH THE HOTELEMED SERVICES IS PROVIDED “AS IS” AND IS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HOTELEMED DISCLAIMS ANY TYPE OF WARRANTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HOTELEMED MAKES NO WARRANTY AS TO THE RELIABILITY, QUALITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, LEGALITY, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND SERVICES PROVIDED HEREIN. The HOTELEMED Service does not provide health care services; HOTELEMED simply provides a system to facilitate communication with the Provider using HOTELEMED’s health information database and software. HOTELEMED verifies the state and national (NPI, DEA) licensing status for all contracted Providers. HOTELEMED SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY PROVIDER PROVIDING MEDICAL CARE THROUGH THE HOTELEMED SERVICES. The HOTELEMED Service is not a replacement for your primary care physician, and is can’t be used for yearly checkups. The HOTELEMED Service is not an online pharmacy. HOTELEMED providers do not prescribe elective medications, narcotic pain relievers, or drugs listed as controlled substances by the U.S. Drug Enforcement Agency or regulated under State law. Review the DEA Controlled Substances Schedule (http://www.deadiversion.usdoj.gov/schedules/index.html) if you are interested in a particular prescription and are uncertain if it is listed as a controlled substance. Providers generally do not prescribe more than a 90 day refill within a 6 month period. HOTELEMED consultations treat the majority of common medical conditions, however a small number of cases require an in-person visit for complete care. You agree that any prescription obtained through the HOTELEMED Service from a Provider will only be for its intended use. HOTELEMED does not guarantee that a specific medication will be prescribed if requested, should the medication be in violation of HOTELEMED Treatment Policies or not medically appropriate, as determined by the Provider. Refunds for completed visits are not provided solely on the basis of Providers not prescribing a medication. You authorize HOTELEMED to use and publish any comments you choose to share about the HOTELEMED Service. HOTELEMED does not warrant or validate any information provided by a third party, through advertisements, promotions, communications, or other materials, and does not assume any responsibility or liability for the accuracy of such information. HOTELEMED has the right to refuse access to the HOTELEMED Services to any person, agency or organization, at any time, for any reason, and, or for no reason at all. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL HOTELEMED, AND ITS EMPLOYEES, AFFILIATES, SUBCONTRACTORS, AND AGENTS, BE LIABLE (1) IN ANY WAY FOR YOUR USE OF THE HOTELEMED SERVICES OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN ANY CONTENT, INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE HOTELEMED SERVICE; OR (2) FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON OUR COMPUTER, ARISING FROM OR IN CONNECTION WITH THE HOTELEMED SERVICE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, A THEORY OF BREACH ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE, OR OTHERWISE RESULTING FROM YOUR USE OF THE HOTELEMED SERVICE. YOU HEREBY RELEASE HOTELEMED AND HOLD THE HOTELEMED SERVICE HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF ANY AND EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED., RESULTING FROM YOUR USE OF THE HOTELEMED SERVICES. INDEMNIFICATION You agree to indemnify, hold harmless, and defend HOTELEMED and its affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions and suits, fees, costs and attorney’s fees of any kind whatsoever arising directly and indirectly out of, or in connection with (1) your use of the HOTELEMED Service; (2) your failure to comply with any applicable laws and regulations; (3) the content or subject matter of any information you provide to HOTELEMED; and (4) your breach of any obligations set forth in this Use Agreement. GOVERNING LAW This Use Agreement and any claim arising out of your use of the HOTELEMED Service will be governed by California law, and any such claim will be resolved through binding arbitration conducted by the American Arbitration Association, in Los Angeles County, California. If there is a dispute, both you and HOTELEMED will share equally in the cost of the arbitration proceeding, and the prevailing party will be entitled to recover its other costs, including attorney and expert fees, from the other party. ACKNOWLEDGEMENT OF TERMS You certify that you have read, accept, and hereby consent to the terms of this Use Agreement, and your acceptance of these terms and conditions constitutes your electronic signature to this Use Agreement. You agree that you may be sent electronic notices to the email address provided during your registration. Any notice sent will be effective once delivered, regardless of whether or not you actually received the delivery or if you choose to read it. This Use Agreement constitutes the sole agreement between you and HOTELEMED for your use of the HOTELEMED Service, and any further statements or inducements, oral or written, not contained in this Use Agreement shall bind either you or HOTELEMED. Any of the terms of this Use Agreement which are invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Use Agreement. ELECTRONIC SIGNATURE I have read this Use Agreement and I understand it. I agree to comply with it, on behalf of myself and on behalf of any other person on whose behalf I am seeking medical care. I understand and agree that if I fail to comply with the terms of the Use Agreement, I may be prohibited from using the HOTELEMED Service, and I will hold HOTELEMED harmless from any liability arising from my failure to comply. I hereby certify that I am at least eighteen years of age and possess the legal right and ability to enter into this Use Agreement under the name in which I have registered to use the HOTELEMED Service. I further certify that I am physically present in the state that I have designated at the time that I am accessing the HOTELEMED Service. I understand and acknowledge that my ability to access the HOTELEMED Service is conditional upon the abovementioned criteria of my certification of age, legal authority, and physical presence at the time that I access the HOTELEMED Service, and that the Providers are relying upon this certification in order to interact and facilitate health care services with me.