DO NOT USE THIS SERVICE OR THIS PLATFORM FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.
We reserve the right to deny access to the Platform or the Service to anyone who violates these Terms or who, in our sole judgment, infringes on the rights of others.
US Health provides internet healthcare resources to connect individuals with participating physicians, licensed therapists and other licensed health care practitioners (the “Healthcare Providers”) in real time, via live video conferencing, telephone and/or secure messaging over the internet for consultation regarding the suitability of using medical cannabis by such individuals for therapeutic purposes. diagnosis and treatment of patients over the Internet. All of the participating Healthcare Providers are independent contractors, and are not employed by US Health. Healthcare Providers may record video conference consultations for the diagnosis/treatment purposes, and US Health may record telephone calls for quality purposes. US Health itself does not provide any medical or Healthcare Provider services.
The flat fee for a remote consultation with a Healthcare Provider (the “Service Fee”)is $39.00, andis fully earned and payable upon the initial registration of the patient with the Platform or, subsequently, upon any request by the patient for a follow-up consultation (such as in the case of a required renewal of a recommendation for the use of medical marijuana (the “Recommendation”) or assistance of the Healthcare Provider in obtaining or renewing a Medical Marijuana Identification Card (an “MMIC”)). The Service Fee covers US Health’s services and the Healthcare Provider’s services. Once you pay the Service Fee to us, we will transfer to the Healthcare Provider the amount of the Healthcare Provider’s portion of the Service Fee, as determined in our agreement with the Healthcare Provider. The Service Provider will not charge you any additional fees for the consultation. We expect that the Service Fee will cover a consultation with the Healthcare Provider lasting 5 to 10 minutes. If your Healthcare Provider decides that your condition requires more time or further healthcare services, he or she will schedule a follow-up consultation directly with you, or advise you of the further required steps. The Service Fee is payable whether or not the consultation results in the issuing of the Recommendation or of the MMIC. In certain circumstances, the patient may qualify for a Service Fee discount.
If Your Health Insurance Covers Medical Marijuana Telemedicine. You will not be obligated to make any payment to US Health for using the Services if you have a qualifying health insurance which covers consultation with a Healthcare Provider for the purpose of determining the suitability of your using medical marijuana, and in such case US Health will seek reimbursement for its Service solely from the Healthcare Providers. We will check the availability of your insurance as a part of the process of your enrollment with the Platform and in the case of any subsequent consultation requests, and by accepting these Term you authorize US Health to obtain information regarding your insurance coverage. If your heath insurance requires you to make a co-pay for a consultation or other interaction between you and your Healthcare Provider utilizing the Platform, we will inform you of the amount of the co-pay in advance of such consultation or such other interaction, and will provide a convenient way to make such payment through the Platform. We will then transfer such payment to the applicable Healthcare Provider (unless the Healthcare Provider has agreed, per his, her or its contract with US Health, that our fee for providing the Service can be paid of such co-pay amounts).
Before you can use the Service, you must read and electronically sign the “Informed Consent to Telemedicine Services” provided elsewhere on this Site/App.
US Health arranges for the provision of all Healthcare Provider services you may receive through the Platform. These Healthcare Providers are independent practitioners who advise, diagnose, and prescribe at their own discretion subject to their individual state regulations. US Health does not directly provide or arrange for care, nor does it knowingly maintain any medical information about you for purposes of providing or facilitating care.
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED BY US Health AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
The Health Insurance Portability & Accountability Act of 1996 (HIPAA) is a federal program that requires that all medical records and other individually identifiable health information used or disclosed by US Health in any form, whether electronically, on paper, or orally, are kept properly confidential. This Act gives you, the Patient, significant new rights to understand and control how your health information is used. HIPAA provides penalties for covered entities that misuse personal health information.
US Health has prepared this “Summary Notice of HIPAA Privacy Practices” to explain how it is required to maintain the privacy of your health information and how it may use and disclose your health information.
US Health will collect directly from you some personal information (such as your full name, email address, mobile phone number, and address) and personal health information, including information about your diagnosis, previous treatments, general health, health insurance and information, if any, which you have stored in using a web-based services (such as Apple HealthKit or MyChart), to the extent you choose to synch or link that data with our services. In connection with your treatment or intended treatment, we may also collect (directly or through your Healthcare Providers) medical records from your past, current, and future health care providers, including information, if any, stored in third-party secure online accounts (such as MyChart). This may include information about your diagnosis, previous treatments, general health, laboratory and pathology test results and reports, social histories, any family history of illness, and records about phone calls and emails related to your illness. By registering an Account and using our Service, you hereby consent to our accessing and storing such personal and health information.
US Health may use and disclose your medical records for each of the following purposes: treatment, payment, and health care operations.
US Health may also create and use or distribute de-identified health information (that is, your and other patients’ health information from a medical record that has been stripped of all data that can be used to identify a particular patient), for the purposes of US Health’s business development (such as sharing such de-identified health information with third-party vendors and service providers that help us with specialized services, including billing, payment processing, customer service, email deployment, business analytics, marketing (including but not limited to advertising, attribution, deep-linking, direct-mail, mobile marketing, optimization and retargeting), research, analysis of data to improve the Service, performance monitoring, hosting, and data processing). These third-party vendors and service providers may not use your information for purposes other than those related to the services they are providing to us.
US Health may contact you to provide information about our services or other health-related services that may be of interest to you.
Any other uses and disclosures will be made only with your written authorization. You may revoke such authorization in writing and US Health is required to honor and abide by that written request, except to the extent that it has already taken actions relying on your authorization.
You have the following rights with respect to your protected health information, which you can exercise by emailing us a request to email@example.com.
In order to use the Service, you will need a username and password, which you will receive and/or create through the Site’s or the App’s registration process. We reserve the right to reject or terminate the use of any username that we deem in our sole judgment offensive or inappropriate. In addition, we also reserve the right to terminate the use of any username or account, or to deny access to the Platform, to anyone who violates these Terms or who, in our sole judgment, infringes the rights of others. You are responsible for maintaining the confidentiality of your password and account, and you are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
You hereby certify that you are physically located in the State you choose/have chosen as your current location, and agree to only interact with your Healthcare Provider while you are present in this state. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of this certification and that the Healthcare Providers you access are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify US Health, its affiliates and the Healthcare Provider you interact with from any resulting damages, costs or claims as set forth in the Indemnification Section below.
Other than information received directly by you from Healthcare Providers in the context of a telemedicine service, the content on the Platform should not be considered medical advice. We may post or provide links to general information resources that may be of interest to you (“Posted Materials”). Posted Materials are not to be used as medical diagnosis, treatment or advice. Other than information received directly by you from your Healthcare Providers in the context of a telemedicine service, you should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on this Platform represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, US Health does not recommend or endorse any specific tests, physicians, medications, products or procedures.
The Service and the Platform and all the materials available on the Platform are the property of US Health and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Service and the Platform are provided solely for your personal noncommercial use. You may not use the Service, the Platform or the materials available on the Platform in a manner that has not been authorized by us. More specifically, unless explicitly authorized in these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Platform. You may, however, from time to time, download and/or print copies of individual pages of the Site or the App for your personal, non-commercial use. Any copy made of information obtained through the Service or the Platform must include all applicable copyright notices.
Subject to these Terms, US Health hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.
The license granted herein does not permit you, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (b) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide services to third parties.
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Agreement. You shall not post, use, store or transmit (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, bot, scraper or other means to access the Service for any purpose.
The Service is designed for and intended for users in the United States. US Health makes no representation that the information and services provided on the Service are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Service from territories where the content is illegal, is prohibited. If you choose to access the Platform from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
The information contained in any company directories that may be provided on the Platform is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.
We may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. We have the right to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. In the event that we suspend or terminate your access to and/or use of the Service, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, the Site, the App or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, the Site, the App or any portion thereof.
Throughout our Platform, we may have provided links and pointers to Internet sites maintained by third parties. Our linking to any such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that such third parties may provide on or through the Platform or on websites linked to by us on the Platform.
THE SERVICE AND THE INFORMATION OFFERED ON, BY OR THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ACCESS TO THE SERVICE OR THE PLATFORM, OR ANY OF THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE DO NOT MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE, THE PLATFORM OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND THE PLATFORM, AND YOUR RELIANCE UPON ANY OF ITS CONTENTS, IS AT YOUR SOLE RISK.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, THE PLATFORM OR MATERIALS ON THE PLATFORM OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site or the App, as applicable. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
Your interactions with companies, organizations and/or individuals found on or through our Platform, including any communications, purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of the Platform, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Platform.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR OFFICERS, DIRECTORS, SUBSIDIARIES, PARENT COMPANIES OR OTHER AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR THE PLATFORM, OR YOUR INABILITY TO USE THE SAME, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR SUCH AFFILIATES HAVE BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE OR THE PLATFORM, OR WITH ANY OF THE SERVICE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Service or the Platform, violation of these Terms by you or any other person using your account, or your violation of any rights of another person. You will not settle any indemnified claim without our prior written consent, such consent not to be unreasonably withheld. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site or the App in a manner that constitutes copyright infringement, please inform us by e-mail to firstname.lastname@example.org. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site or the App; (3) your contact information, including your address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms or on the Platform.
Entire Agreement. These Terms, together with the Informed Consent to Telemedicine Services, which is incorporated herein by this reference, constitutes the entire agreement between us and you with respect to the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Platform. In the event of any conflict between any such third-party terms and conditions and these Terms, these Terms will govern.
Governing Law; Waiver of Jury Trial. This agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law that would apply the law of another jurisdiction. Use of the Service or the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. To the extent a claim is not governed by the paragraph entitled “Binding Arbitration” below (the “Arbitration Clause”), US Health and you each hereby waive the right to a trial by jury in any court and in any suit, action or proceeding, whether in tort, contract, or otherwise, in which any such party is a party, as to any claim arising out of or in connection with these Terms, your or US Health’s rights and obligations under these Terms, the Service, the Platform, use of the Platform and/or the services and/or products that may be provided by or through or in connection with the Platform.
No Assignment; No Beneficiaries. This agreement is personal to you, and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us.
Claim Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to (i) use of the Service or of the Platform, or (ii) these Terms, must be filed by you within one year after such claim or cause of action arose or be forever barred.
No Waiver. The failure of US Health to enforce any provision of these Terms will not be construed as a waiver or limitation of US Health’s right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms.
Arbitration of Disputes. You and US Health each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a “Dispute”) arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of these Terms to arbitrate), your or US Health’s rights and obligations under these Terms, the Service, the Platform, the use of the Platform, and/or the information, services and/or products that may be provided by or through or in connection with the Platform. The arbitration will be held in the State of New York before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. The arbitration will be administered by JAMS (http://www.jamsadr.com). You may obtain a copy of the rules of JAMS by contacting the organization. You and US Health shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate US Health’s or its affiliates’ intellectual property rights, we may seek (and you will not contest) injunctive or other appropriate relief in any state or federal court with jurisdiction over US Health or the Platform, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration Final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
Giving Up Right of Class Action. These Terms provides that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US Health AND ITS AFFILIATES, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in our sole discretion. Any disclosure of medical information, such as Protected Health Information under the HIPAA or applicable state medical information privacy laws, is subject to the restrictions and requirements of such laws.