Terms of Service
Terms of Service
Last Updated: 3/24/21
Welcome to HealthMe Technology. HealthMe Technology is an independent medical services platform through which consumers (“Consumers” or “you”) are provided information to allow them to shop and purchase medical services (the “Medical Services”) directly from doctors and other health care providers (the “Healthcare Providers” or “you”) under various medical care packages (as modified from time to time, the “Medical Care Packages”). The website at www.healthmedocs.com (the “Site”), and the desktop and mobile applications (the “Applications”), the software as a service platform (the “Medical Services Platform”) and the various other related features, functions, software, applications, websites and networks (together with the Site, the Applications and the Medical Services Platform, collectively the “HMT Services”) are provided and operated, and are being made available to you, your organization (the “Organization”), Consumers, Healthcare Providers and the other users of any of the HMT Services (collectively, “Users”) by HealthMe Technology, Inc. (“HMT”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.
HMT is not a healthcare provider or an insurance company. We do not provide medical advice or clinical direction for your care and treatment. We do not endorse any Medical Care Package or other plan of care. We are independent of the Healthcare Providers who offer Medical Care Packages through the Site, and are not involved in, or responsible for, anything the Healthcare Providers do or do not do. IF YOU THINK YOU HAVE A POSSIBLE EMERGENCY CONDITION, YOU SHOULD CALL 911 RATHER THAN ATTEMPTING TO ACCESS CARE THROUGH THE HMT SERVICES OR HMT.
To access and use the Site, the Applications, the Medical Services Platform and the other HMT Services and to shop and purchase any Medical Care Package, you must be at least 18 years of age. BY CLICKING THE “I AGREE” BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING ANY OF THE HMT SERVICES, INCLUDING PURCHASING ANY MEDICAL CARE PACKAGE, OR RECEIVING OR PROVIDING ANY MEDICAL SERVICES, YOU REPRESENT THAT:
- YOU SATISFY THE ELIGIBILITY REQUIREMENTS AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE, THE APPLICATIONS, THE MEDICAL SERVICES PLATFORM OR ANY OF THE OTHER HMT SERVICES;
- YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HMT; AND
- YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS.
- YOU ARE AWARE THAT THE MEDICAL PACKAGES LISTED THROUGH THE HMT SERVICES ARE OFFERD TO CONSUMERS WHO WILL PAY DIRECTLY FOR THE MEDICAL CARE PACKAGE. ENROLLEES OR BENEFICIARIES OF ANY STATE OR FEDERAL PROGRAM SUCH AS MEDICARE, MEDICAID, CHAMPUS, VETERANS AFFAIRS OR TRICARE ARE NOT ELIGIBLE TO PURCHASE ANY MEDICAL CARE PACKAGE.
3. License Grant; Unauthorized Use
3.1 LICENSE GRANT
Subject to your compliance with all the terms and conditions set out in these Terms, HMT hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to (a) to install and use the Applications on your computers and mobile and other devices and (b) to access and use the Site, the Medical Services Platform and the other HMT Services as contemplated herein in connection with the Medical Care Packages and the related Medical Services to the extent and in accordance with these Terms.
You should check for updates to any software that HMT provides to you in connection with the Applications and the Medical Services Platform from time to time at www.healthmedocs.com. Now or in the future you may also be notified of available updates or such software may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
3.2 PREVENTION OF UNAUTHORIZED USE
HMT reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of any of the HMT Services, the Medical Care Packages or the Medical Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
4. Medical Care Packages and Medical Services; Fees
HMT offers various Medical Care Packages that can be purchased directly from Healthcare Providers for the provision of certain Medical Services. The Medical Care Packages can be found at https://patients.healthmedocs.com/packages. In reviewing the various Medical Care Packages, it is up to the Consumer to select the Healthcare Provider from whom the Consumer wishes to purchase Medical Services.
The Medical Care Packages identify the specific scope of Medical Services that will be provided by the Healthcare Provider at the fee associated with such Medical Services (as modified from time to time, the “Medical Services Fee”). Unless Consumer purchases any additional Medical Services, the Medical Services Fee is the only fee that Consumer will pay for the included Medical Services. However, HMT will not interfere with the medical analysis or decision-making of any Healthcare Providers. The Medical Services Fee includes HMT’s fee for providing the Site, the Applications, the Medical Services Platform and the other HMT Services and making the Medical Care Packages available to you (as modified from time to time, (the “HMT Fee”). All HMT Fees are set in advance, are intended to be fair market value for the HMT Services, and are not based upon the potential value of the referral of any Consumers to the Healthcare Providers. HMT Fees for Medical Care Packages range from 4% – 8%, as agreed upon with Healthcare Providers. HMT reserves the right to modify any such Medical Services Fees, including HMT’s Fee at any time upon thirty (30) days’ prior written notice posted in advance on any of the HMT Services. Any such increase shall apply in connection with the purchase of any new Medical Care Packages, after such thirty (30) period.
Under certain limited circumstances, the Medical Services Fees may be refundable. Please check HMT’s refund policy located at https://healthmedocs.com/refund_policy (as modified from time to time, the “Refund Policy”). If you have any questions regarding the refunding of any of the Medical Services Fees or the Refund Policy, please contact HMT at email@example.com.
All Medical Care Packages and the related Medical Services shall be provided in accordance with the applicable Healthcare Provider’s policies and procedures (other than payment for the applicable Medical Care Packages), including its cancellation policy (the “Healthcare Provider’s Policies”). If Consumer has any questions or concerns regarding a Healthcare Provider’s Policies, it shall discuss and resolve those directly with the Healthcare Provider before purchasing any Medical Care Package. HMT is not responsible in any way for a Healthcare Provider’s Policies.
In creating the Medical Care Packages, HMT’s aim is to include the scope of Medical Services that would reasonably be expected to be covered if you were to go to a Healthcare Provider for a similar situation, condition or treatment so that there are no surprises regarding additional tests, treatments or referrals to a specialist (the “Additional Medical Services”). Notwithstanding the foregoing, however, a Healthcare Provider may recommend Additional Medical Services based on his or her best medical judgment. These Additional Medical Services are completely independent of the Medical Care Package that Consumer purchased and it is solely Consumer’s decision whether to accept some or all of these Additional Medical Services. CONSUMER SHALL ALSO BE SOLELY RESPONSIBLE FOR ANY FEES AND OTHER CHARGES ASSOCIATED WITH ANY OF THESE ADDITIONAL MEDICAL SERVICES.
CONSUMER UNDERSTANDS THAT UNDER FLORIDA AND OTHER STATE LAWS, CONSUMER AND ANY OTHER PERSON RESPONSIBLE FOR PAYMENT HAS OR MAY HAVE A RIGHT TO REFUSE TO PAY, CANCEL PAYMENT, OR BE REIMBURSED FOR PAYMENT FOR ANY OTHER SERVICE, EXAMINATION, OR TREATMENT THAT IS PERFORMED AS A RESULT OF AND WITHIN 72 HOURS (OR SUCH OTHER TIME PERIOD AS PROVIDED BY APPLICABLE LAW) OF RESPONDING TO AN ADVERTISEMENT FOR FREE, DISCOUNTED FEE, OR REDUCED FEE SERVICES, EXAMINATION OR TREATMENT.
If there is any dispute between a Consumer and a Healthcare Provider regarding a Medical Care Package or any Medical Services, Consumer and Healthcare Provider shall resolve any such dispute directly between themselves and HMT shall have no responsibility or liability regarding any such dispute.
HMT may change, modify, or eliminate any Medical Care Package at any time, with or without notice. Any such change, modification or elimination shall not apply to any Medical Care Package and the related Medical Services that a Consumer may have already purchased; provided that if any Healthcare Provider cancels any Medical Care Package prior to Consumer’s receipt of the related Medical Services, HMT may cancel the purchase of such Medical Care Package subject to prior notice and a refund of any Medical Service Fees that have already been paid for such Medical Care Package. HMT will bear no liability to Consumer or any third party if HMT does so.
The Medical Services Fees shall be paid at the time of the purchase of the applicable Medical Care Package through a third-party payment processor (e.g., Braintree, PayPal, etc.) (any such third party payment processor, the “Third Party Processor”) or such other payment method as established by HMT. At the time of such purchase, Consumer will be provided a payment redemption code (the “Redemption Code”) to be given directly to the Healthcare Provider for payment upon provision of the applicable Medical Services. If Consumer fails to provide the Redemption Code to the Healthcare Provider for any reason, Consumer authorizes HMT to, and HMT may in its sole discretion, submit a charge through the Third Party Provider or otherwise and pay the Healthcare Provider directly for the Medical Care Package and the related Medical Services.
To the extent that any sales or other similar taxes are payable by HMT, the Healthcare Provider or any Third Party Processor in connection with any Medical Care Package and/or any Medical Services, Consumer shall be obligated to pay to HMT, such Healthcare Provider or any such Third Party Processor the amount of such taxes in addition to any other amounts owing for such Medical Care Package.
In making payments, Consumer acknowledges and agrees that it is not relying on future availability of any Medical Care Packages or Medical Services.
ALL FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS OTHERWISE SPECIFICALLY PROVIDED IN THESE TERMS, INCLUDING THE REFUND POLICY, THE APPLICABLE CONSUMER SERVICES AGREEMENT OR REQUIRED BY LAW.
5. Healthcare Providers
Each Healthcare Provider shall enter into the Technology Service Agreement as provided by HMT prior to being authorized to provide any Medical Care Package and the related Medical Services (as modified from time to time, the “Technology Services Agreement”). To the extent that there is a conflict between the provisions of these Terms and the provisions of the Medical Services Agreement, the provisions of these Terms will control. The Medical Services Agreement is hereby incorporated by reference into these Terms and if you are a Healthcare Provider, you agree to the terms of the Technology Service Agreement.
6. Additional Policies
When using any of the HMT Services, you will be subject to any additional posted policies, guidelines or rules applicable to the Site, the Applications, the Medical Services Platform and the other HMT Services and features which may be posted from time to time (the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
7. Respecting other People’s Rights
HMT respects the rights of others and so should you. You therefore may not post or send Content that:
- Violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by HMT in its sole discretion;
- Is false, misleading, untruthful or inaccurate;
- Includes anyone’s identification documents or sensitive financial information
- Impersonates any person or entity, including any of HMT’s employees or representatives; or,
- Spams or solicits any Users, including any Healthcare Providers.
8. Account Security
When you access and use any of the HMT Services, or provide or purchase any Medical Care Packages or any applications, products, services, or information from HMT, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to HMT on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
If at any time you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any payment information, if applicable), then you shall immediately notify HMT at firstname.lastname@example.org. You may be liable for the losses incurred by HMT or others due to any unauthorized use of your account or any of the HMT Services.
9. Modification of these Terms
HMT reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site, the Applications, the Medical Services Platform or any of the other HMT the Services. If HMT updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the HMT Services after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations (including applicable fees), HMT will make reasonable efforts to notify you of such change. HMT may provide notice through a pop-up or banner within any of the HMT Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, HMT may require you to provide consent by accepting the changed Terms. If HMT requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by HMT, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the HMT Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF ALL HMT SERVICES.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
10. Digital Millennium Copyright Act
It is HMT’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to HMT’s DMCA Notification Guidelines athttps://healthmedocs.com/DMCA/.If you file a notice with our copyright agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). HMT reserves the right to terminate without notice any User’s access to the Site, the Applications, the Medical Services Platform and the other HMT Services if that User is determined by HMT to be a “repeat infringer.” In addition, HMT accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
11. License Grant for Content; Representations and Warranties
11.1 LIMITED LICENSE GRANT TO HMT
The HMT Services may now or in the future permit the submission and/or posting or linking of pictures, audio and video recordings, text, data, information and other input or any other content linked, posted, and/or submitted by you or other Users, in each case whether or not made available to other Users (“Content”). By uploading, providing, posting, distributing or disseminating any Content to or through any of the HMT Services, the provision or purchase of any Medical Care Package or the provision or receipt of any Medical Services, you hereby grant to HMT a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit your Content (and any copyrights, publicity, database and other proprietary rights therein), in connection with the operation, maintenance and support of the Site, the Applications, the Medical Services Platform and the other HMT Services and the Medical Care Packages and the Medical Services.
11.2 CONTENT USE BY OTHER USERS
You hereby consent to the use of your Content by other Users that are authorized to access your Content in the manner contemplated by these Terms and any of the HMT Services.
11.3 CONTENT AND CONFIDENTIAL INFORMATION
You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of your Content and the consequences of posting or publishing any Content. By uploading and publishing your Content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize HMT and the Users to use and distribute your Content as necessary to exercise the licenses granted by you in this Section 11 and in the manner contemplated by HMT and these Terms; (2) your Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and (3) your Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of any of the HMT Services. Violators of these third-party rights may be subject to criminal and civil liability. HMT reserves all rights and remedies against any Users who violate these Terms.
11.4 CONTENT AND CONFIDENTIAL INFORMATION
You understand that when using any of the HMT Services, providing or purchasing any of the Medical Care Packages or the receipt or provision of any Medical Services, you may be exposed to Content or other materials from a variety of sources, and that HMT is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content and other content. You further understand and acknowledge that you may be exposed to Content and other materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HMT with respect thereto. HMT does not endorse any Content and other material or any opinion, recommendation or advice expressed therein, and HMT expressly disclaims any and all liability in connection with Content and other materials. If notified by a User or a content owner of any Content or other content or materials that allegedly do not conform to these Terms, HMT may investigate the allegation and determine in its sole discretion whether to remove the Content or other content or materials, which it reserves the right to do at any time and without notice. For clarity, HMT does not permit copyright infringing activities on or through any of the HMT Services.
12. Prohibited Conduct
BY USING ANY OF THE HMT SERVICES YOU AGREE NOT TO:
- Decipher, decompile, disassemble, reverse engineer, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of any of the HMT Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
- Use any of the HMT Services for the benefit of anyone other your Organization, you, your family or your patients except in accordance with these Terms and the applicable Medical Care Package, including selling, reselling or distributing, in whole or in part, any of the HMT Services, the Medical Care Packages or the Medical Services;
- Provide any services to any third party using any of the HMT Services, the Medical Care Packages or the Medical Services except in accordance with these Terms and the applicable Medical Care Package;
- Provide any services, directly or indirectly, through any medical services platforms that are similar to, or based on, the HMT Services, or the Medical Care Packages, or any other program based upon any of the HMT Services;
- Reproduce (except as expressly permitted herein), modify, adapt, translate or otherwise make any changes to any of the HMT Services, the Medical Care Packages or any part thereof;
- Copy, disclose, or distribute any data or other information available on any of the HMT Services, the Medical Care Packages or the Medical Services, in any medium, including without limitation, by any automated or non-automated “scraping;”
- Interfere with, circumvent or disable any security or other technological features or measures of any of the HMT Services or attempt to gain unauthorized access to any of the HMT Services or its related systems or networks;
- Make unsolicited offers, advertisements, or proposals, or send junk mail or spam to other Users (including Consumers and Healthcare Providers) of any of the HMT Services (including, but not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
- Use bots or other automated methods to: access any of the HMT Services, download profiles, contacts or any other information, send or redirect messages or perform any other activities through any of the HMT Services; or
- Use any of the HMT Services, the Medical Care Packages or the Medical Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment.
13. Third Party Sites
The HMT Services may include links or references to other web sites or services (“Third Party Sites”) solely as a convenience to Users. HMT does not endorse any such Third Party Sites or the information, materials, products, or services contained on or accessible through Third Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the HMT Services are solely between you and such advertiser. Access and use of Third Party Sites, including the information, materials, products, and services on or available through Third Party Sites are solely at your own risk.
14. Mobile and Data Charges
You are responsible for any mobile and data charges that you may incur for using any of the HMT Services, including text-messaging charges. If you’re unsure what those charges may be, you should ask your service provider before using the Medical Services Platform or any of the other HMT Services.
You agree that HMT, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Medical Services Platform or any of the other HMT Services or any account (or any part thereof) you may have with HMT and remove and discard all or any part of your account, user profile, and any Content, at any time. HMT may also in its sole discretion and at any time discontinue providing access to the Medical Services Platform or any of the other HMT Services, or any part thereof, with or without notice. You agree that any termination of your access to the Medical Services Platform or any of the other HMT Services or any account you may have or portion thereof may be effected without prior notice, and you agree that HMT will not be liable to you or any third party for any such termination. HMT reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing HMT to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies HMT may have at law or in equity. As discussed herein, HMT does not permit copyright infringing activities on the Site, the Applications, the Medical Services Platform or any of the other HMT Services, and shall be permitted to terminate access to any of the HMT Services, and remove all Content or other content submitted by any Users who are found to be repeat infringers. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD HMT HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HMT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HMT OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy with respect to any dissatisfaction with (i) the Site, the Applications, the Medical Services Platform or any of the other HMT Services, (ii) any term of these Terms, (iii) any policy or practice of HMT in operating the Site, the Applications, the Medical Services Platform or the other HMT Services, or (iv) any Content transmitted through any of these HMT Services, is to terminate your account and your use of all of the HMT Services. You may terminate your use of the HMT Services and your account at any time. After such termination, you must refrain from use of the HMT Services until authorized by HMT.
16. Ownership; Proprietary Rights
The Site, the Applications, the Medical Services Platform and the other HMT Services and the Medical Services Packages are owned and operated by HMT. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of these HMT Services provided by HMT (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that are provided and owned by Users, all Materials contained on any of the HMT Services are the property of HMT or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to HMT or its affiliates and/or third-party licensors. Except as expressly authorized by HMT, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. HMT reserves all rights not expressly granted in these Terms.
HMT shall own and have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to any of the HMT Services, the Medical Care Packages or any Medical Services.
You agree to indemnify, save, and hold HMT, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, the Applications, the Medical Services Platform or any of the other HMT Services, the purchase of any Medical Care Package or the receipt or provision of any Medical Services any of the Content, any violation by you of these Terms, any breach of the representations, warranties, and covenants made by you herein. HMT reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify HMT, and you agree to cooperate with HMT’s defense of these claims. HMT will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
18. Physician Patient Relationship; Covered Entity; No Warranties; Disclaimers
18.1 PHYSICIAN PATIENT RELATIONSHIP
You agree and accept that no physician-patient relationship is created between HMT and Consumer by use of any of the HMT Services, the purchase of any Medical Care Package or the receipt or provision of any Medical Services or otherwise.
HMT DOES NOT PROVIDE MEDICAL ADVICE, NOR DOES IT PROVIDE ANY GUIDANCE OR SUGGESTED TREATMENT FOR YOUR PARTICULAR SITUATION OR ANY OTHER FORM OF MEDICAL TREATMENT. HMT does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other medical information. HMT uses reasonable commercial efforts to confirm that the Healthcare Providers that agreed to provide the Medical Care Packages (but not all of the Healthcare Providers that may actually provide the Medical Services or any of the other Healthcare Providers) are licensed and in good standing in the applicable state(s). HMT has not otherwise evaluated the education, training, experience or credentials of any doctors or other Healthcare Providers (the “Credentials”), nor has HMT evaluated the acceptability, health, or suitability of any patient for any particular procedure. HNT makes no representations or warranties regarding the Credentials of any Healthcare Provider and reliance on any information provided by or through the Medical Services Platform or any of the other HMT Services, whether you are a receiver or provider of healthcare services is solely at your own risk. You should always seek the advice of a medical professional with whom you are comfortable regarding your health and wellness.
Consumer and Healthcare Provider also agree that the HMT Services, the purchase of any Medical Care Package or the receipt or provision of any Medical Services and any diagnosis, treatment or recommendation, will not be used with respect to any insurance claim or in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims. In addition, the Medical Services Platform and other HMT Services and Medical Care Packages are only to be used in connection with the purchase or sale of Medical Services which are not reimbursed by any state or federal health care program, including Medicare or Medicaid. Neither Consumers or Healthcare Providers shall submit a claim, bill to or seek reimbursement from any public health program (e.g., Medicare, Medicaid, CHAMPUS, Veterans Affairs or Tricare) or any private health insurance plan or worker’s compensation plan for Medical Services provided to Consumer. Notwithstanding the foregoing, you shall be solely responsible for complying with the requirements of any such public health program, private health insurance plan or worker’s compensation plan related to the Medical Services provided to Consumer.
18.2 Covered Entity
HMT is not a “covered entity,” “health insurance issuer,” “health care clearinghouse” or “health care provider” and is therefore not required to comply with the privacy rules and security rules implemented under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). You are strongly encouraged to discuss your Healthcare Provider’s health information privacy policies and procedures with your Healthcare Provider.
18.3 NO WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HMT AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “HMT PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE SITE, THE APPLICATIONS, THE MEDICAL SERVICES PLATFORM, THE OTHER HMT SERVICES, THE MEDICAL CARE PACKAGES AND THE MEDICAL SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, HMT PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE SITE, THE APPLICATIONS, THE MEDICAL SERVICES APPLICATION, THE OTHER HMT SERVICES, THE MEDICAL CARE PACKAGES OR THE MEDICAL SERVICES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE HMT PARTIES OR THROUGH THE SITE, THE APPLICATIONS, THE MEDICAL SERVICES PLATFORM OR THE OTHER HMT SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. HMT MAKES NO PROMISES OF CURE OR GUARANTEES OF TREATMENT IN REGARDS TO THE MEDICAL SERVICES.
18.4 “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS”
YOU EXPRESSLY AGREE THAT THE USE OF ANY OF THE HMT SERVICES, THE PROVISION OR PURCHASE OF ANY MEDICAL CARE PACKAGE OR THE RECEIPT OR PROVISION OF ANY MEDICAL SERVICES, AND ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE HMT SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
18.5 PLATFORM OPERATION AND CONTENT
THE HMT PARTIES DO NOT WARRANT THAT THE DATA, ASSESSMENTS, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH ANY OF THE HMT SERVICES, OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY HMT, THE HMT PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE HMT SERVICES, THE MEDICAL CARE PACKAGES OR THE MEDICAL SERVICES OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
18.7 HARM TO YOUR COMPUTER
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH ANY OF THE HMT SERVICES OR ANY THIRD PARTY SITES, THE MEDICAL CARE PACKAGES OR THE MEDICAL SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
19. Limitation of Liability and Damages
19.1 LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE HMT PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS, ASSESSMENTS, RESULTS OR CONTENT ON THE SITE, THE APPLICATIONS, THE MEDICAL SERVICES PLATFORM OR THE OTHER HMT SERVICES OR ANY THIRD PARTY SITES, OR THE MEDICAL CARE PACKAGES OR MEDICAL SERVICES OR ANY OTHER INTERACTIONS WITH HMT, EVEN IF HMT OR A HMT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HMT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19.2 LIMITATION OF DAMAGES
IN NO EVENT WILL THE HMT PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE, THE APPLICATIONS, THE MEDICAL SERVICES PLATFORM OR THE OTHER HMT SERVICES OR THE PURCHASE OF ANY MEDICAL CARE PACKAGE OR THE RECEIPT OR PROVISION OF THE MEDICAL SERVICES, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO HMT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR TEN DOLLARS, WHICHEVER IS GREATER.
19.3 RELEASE FOR DISPUTES BETWEEN USERS
If you have a dispute with any other Users (including any Consumer or Health Care Provider) or other third parties, you hereby release HMT and the other HMT Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
19.4 THIRD PARTY SITES
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN HMT AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE HMT SERVICES OR RECEIVED THROUGH ANY THIRD PARTY SITES.
19.5 BASIS OF THE BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT HMT HAS OFFERED THE HMT SERVICES AND THE MEDICAL CARE PACKAGES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HMT, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HMT. HMT WOULD NOT BE ABLE TO PROVIDE ANY OF THE HMT SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
19.6 LIMITATIONS BY APPLICABLE LAW
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
20. United States Export Controls
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the HMT Services or any underlying intellectual property, information or technology except in full compliance with all United States, foreign and other applicable export control laws and regulations.
HMT may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on any of the HMT Services. Notice will be deemed given twenty-four hours after the email is sent, unless HMT is notified that the email address is invalid. Alternatively, HMT may give you legal notice by mail to a postal address, if provided by you through any of the HMT Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on any of the HMT Services are deemed given 30 days following the initial posting.
The failure of HMT to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by HMT.
21.3 DISPUTE RESOLUTION
If a dispute arises between you and HMT, the goal is to provide you with a neutral and cost effective method of resolving the dispute quickly. Accordingly, you and HMT agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Site, the Applications, the Medical Services Platform or the other HMT Services (a “Claim”) will be resolved in accordance with this Section 21.3 or as HMT and you otherwise agree in writing. Before resorting to these dispute methods, HMT strongly encourages you to first contact HMT directly to seek a resolution.
(a) Choice of Law. These Terms shall be governed in all respects by the laws of the State of Florida, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTER CLAIM ARISING OUT OF OR RELATING TO ANY CLAIM OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF THE HMT SERVICES.
(b) Arbitration and Class Action Waiver
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
(i) Arbitration. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND HMT (WHETHER OR NOT SUCH CLAIM INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE HMT SERVICES, INCLUDING WITHOUT LIMITATION, YOUR RIGHTS OF PRIVACY, THE MEDICAL CARE PACKAGES OR THE MEDICAL SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND HMT HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND HMT WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. You may bring claims only on your own behalf.
Neither you nor HMT will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST HMT INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if HMT is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either HMT or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 21.3(b) is found not to apply to you or your claim, you and HMT agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts of Collier County, FL. Both you and HMT irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, HMT may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) This arbitration agreement will survive the termination of your use of any of the HMT Services or your relationship with HMT.
(c) Improperly Filed Claims. All claims you bring against HMT must be resolved in accordance with this Section 21.3. All claims filed or brought contrary to this Section 21.3 shall be considered improperly filed. Should you file a claim contrary to this Section 21.3, HMT may recover attorneys’ fees and costs up to $15,000, provided that HMT has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HMT without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your use of the Site, the Applications, the Medical Services Platform or any of the other HMT Services or your relationship with HMT, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, and 8 -21.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
21.8 ENTIRE AGREEMENT
21.9 NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
21.10 GEOGRAPHIC RESTRICTIONS
HMT is based in the state of Florida in the United States. HMT makes no claims that any of the HMT Services or any of the content is accessible or appropriate outside of the United States. Access to the Site, the Applications, the Medical Services Platform or any of the other HMT Services, the Medical Care Packages and the Medical Services may not be legal by certain persons or in certain countries. If you access any of these HMT Services or any of the Medical Care Packages from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HMT with respect thereto.
The Site, the Applications, the Medical Services Platform, the other HMT Services and the Medical Services Packages are offered by HMT located at 1250 Pine Ridge Rd Ste #200 Naples, FL 34145 and email: email@example.com. The Medical Services are provided directly by the applicable Healthcare Provider. If you are a California resident, you may have this same information emailed to you by sending a letter to HealthMe Technology Inc., 1250 Pine Ridge Rd Ste #200 Naples, FL 34145, with your email address and a request for this information.
© 2017 HealthMe Technology, Inc.