YOU AGREE THAT BY USING OUR SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
We may refer to you or any individual that uses our Site as “you” or “your” or a “user.” If we use the term “Our Companies,” in addition to us, that term means and includes our agents, representatives, subsidiaries, affiliated companies, select unaffiliated companies, assigns, and brands that are owned by, licensed by, and/or partnering with HealthRight.
When we use the term “Site” we mean all website(s) or online solution functionality or services offered through the individual URL or Internet address locations, sites and pages within the HealthRight.com domain (including all backups, mirror, replacement and substitutes). Unless otherwise noted, when we use the term “Site,” we are including all the content, text, information, images, graphics, postings, files, documents, multimedia materials, software, code, data, logos, brands, service and trademarks, the “look and feel”, as well as the selection and arrangement of items, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions and services in, on or associated with our Site and we will use the term “Content” when we refer to them separately. When we use the term “Services” we mean any services provided as an online functionality or feature of the Site.
RULES OF CONDUCT
You may never use, allow or enable others to use our Site or knowingly condone use of our Site to do or attempt to:
- Violate any applicable federal or state laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm, or enterprise;
- Engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially or ethically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;
- Impersonate or attempt to impersonate HealthRight.com’s or HealthRight’s employees, or any other person, firm, or enterprise;
- Use the Site for posting or otherwise using malicious or unauthorized code (e.g. viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information which in any way might interrupt, damage, interfere with, destroy, or limit the functionality of any computer software or hardware or communication equipment;
- Violate, or attempt to violate any security features of the Site or Service;
- Attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce any of the source code that we use in providing the Site or Service to a human-perceivable form;
- Collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, or display any material or information, whether personally identifiable or not, submitted, provided, or made available by or concerning any other person, firm, or enterprise;
- Advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
- Otherwise attempt to interfere with the proper working of the Site.
INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features and functionality, including, but not limited to all information, text, displays, photographs, graphics, video and audio, and the design, selection and arrangement thereof (“HealthRight.com Content”), are owned by, licensed by, or provided to HealthRight. The Site is protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws, and thus, we own and retain all rights in the HealthRight.com Content and the Service.
Copyright and Trademark Notices
All Material included on HealthRight.com, except third party content as referenced above, is the property of HealthRight and is protected by United States and international copyright laws. No portion of the Material on HealthRight.com may be reprinted or republished in any form without the express written permission of HealthRight or, with respect to third party content, its respective owner. You may download Material from HealthRight.com for your own personal, non-commercial use only, provided you do not modify the Material and keep intact all copyright and other proprietary notices. You may not further distribute or display such Material for any purpose. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to HealthRight.com for any purpose; or (d) frame HealthRight.com, place pop-up windows over its pages, or otherwise affect the display of its pages.
Certain of the names, logos, and other materials displayed on HealthRight.com constitute trademarks, tradenames, service marks or logos (“Marks”) of HealthRight or third parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith, with the exception of the third party Marks, remains with HealthRight and are protected by United States and international trademark laws. Nothing contained on HealthRight.com should be construed as granting, by implication or otherwise, any license or right to use any of the Marks displayed on HealthRight.com. Your use of the Marks displayed on HealthRight.com, or any other content on HealthRight.com, except as provided herein, is strictly prohibited. All Marks not owned by HealthRight that appear on HealthRight.com are the property of their respective owners.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), HealthRight will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on HealthRight.com has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:
- a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
- identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
- identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
- information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
- a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
- a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.
HealthRight’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:
Designated Agent – Copyright Infringement Claims
Address: 11515 66th Street North; Largo, FL 33773
POSTING AND SUBMITTING USER CONTENT
We have no obligation, nor do we verify, review for accuracy, completeness or otherwise, any User Content. We also have no obligation to monitor or continue to monitor your use of the Site or your User Content, but we reserve the right to do so and to confirm and request confirmation of any information you submit to us or on our Website, at any time for any reason or no reason at all. We do not endorse User Content, nor do we screen them.
Your User Content and/or your account are your responsibility, although we ask that you notify us if you know or suspect the security of your user identification, log-in and password may have been compromised so that we can take responsive action. But, in general, you are solely responsible for activities undertaken through your registration, profile, user account or login identification or password and you will defend and indemnify us (see the Section entitled “You Indemnify Us”) for any User Content submitted, displayed, use, or transferred under the foregoing. In accordance with the foregoing, if you suspect that your log-in identification or password may have been compromised, please notify us immediately at email@example.com.
OUR RIGHT TO USER CONTENT
- Giving us a non-exclusive, irrevocable, unconditional, transferable, perpetual, worldwide, royalty free license and right to use, display, reproduce, perform, adapt, translate, modify, create derivative works from, publish, distribute, disseminate and broadcast the User Content in connection with your use of the Site without additional accounting to you or notifying you in any way; and
- Representing and warranting to us you have the right to submit the User Content and grant the rights and license described above.
If anyone else has or may have rights to the User Content you are submitting, it is your responsibility to find out and obtain whatever agreements, licenses and rights you need from them to do so, because if and when you submit Content to us, you will be solely responsible and liable and you will defend and indemnify us (See the Section entitled “You Indemnify Us”).
SMS and Auto Dialed Calls
By subscribing to HealthRight.com you expressly request to receive information via telephone call, email and text/SMS message (including through the use of an automatic telephone dialing system or artificial/prerecorded voice, SMS or MMS (text) messages, even if your telephone number(s) is/are currently listed on any state, federal or corporate Do Not Call list). Consent is not a requirement to purchasing the goods or services that HealthRight.com is offering. Standard text message rates and cellular data charges apply. You may opt-out by replying “stop” to any message that you receive.
From time to time we may offer sweepstakes, contests, or other similar promotions (“Promotions”). Promotions vary and may require you to submit information about yourself to us. Each Promotion has its own Terms and Conditions, which govern your participation in the Promotion. You must read and agree to these separate Terms and Conditions before entering into any such Promotion.
THIRD PARTY CONTENT AND LINKS FROM THE SITE
If the Site contains links to other sites and resources provided by third parties, such links are provided for convenience purposes only. This includes links contained in advertisements, banner advertisements, and sponsored links. We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither we nor our Site has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
THIRD PARTY MERCHANTS
HealthRight.com contains many Offers from third party partners and affiliates which may allow you to order, receive, or redeem various products and services by business that are not owned or operated by us. The delivery, guarantee, maintenance, and all other matters concerning your transactions with these businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee any such third party Offers and we are not liable for the accuracy, completeness, or usefulness of such information or the availability of any Offers.
TERM AND TERMINATION
WE HAVE THE RIGHT TO TERMINATE
YOU INDEMNIFY US
DISCLAIMERS AND LIMITATION OF LIABILITY
OUR SITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF OUR SITE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT OUR SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR SITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU, NOT US, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR WEBSITE.
OUR LIABILITY TO YOU IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES) IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE OR ANY OTHER MATERIALS OR SERVICES WE PROVIDE TO YOU.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
ARBITRATION AND CLASS ACTION WAIVER
You agree to first contact us at firstname.lastname@example.org for any dispute or controversy so as to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Site or Service that cannot be resolved through such informal process or through negotiation within 120 days shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the English language in the city of Tampa, Florida by a single neutral arbitrator.
You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis. If any portion of this class action waiver is limited, void, or unenforceable, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the state and federal courts in Tampa, Florida.
Violations of Terms and Conditions of Use
HII reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions of Use, including the right to block access from a particular Internet address to the Website, and irreparable harm will be presumed by any violation of these Terms and Conditions of Use.
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
THIS SITE IS FOR UNITED STATES USE ONLY
We control and operate the Site from our offices in the State of Florida. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use outside the United States and access to the Site from territories where its contents are illegal or restricted is prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws, rules and regulations.
FEEDBACK AND SUBMISSIONS
HealthRight welcomes your feedback and suggestions about HealthRight’s programs or services or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to HealthRight and/or HealthRight.com, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to HealthRight and/or HealthRight.com and enable HealthRight and/or HealthRight.com to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for HealthRight and/or HealthRight.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
HealthRight is NOT insurance nor is it a replacement for insurance. It is not a Medicare Part D drug plan and makes no payments to providers. Receive a discount for eligible services when visiting participating providers. Show your HealthRight card and pay for services at the time they are rendered. Discounts are not available with third party payments. These plans or programs do not qualify under the Affordable Care Act (ACA). For questions or complaints, contact the Discount Medical Plan Organization: AccessOne Consumer Health, 84 Villa Rd Greenville, SC 29615 www.accessonedmpo.com
INFORMED CONSENT FOR SERVICES PROVIDED BY HEALTHRIGHT LLC
Telehealth is the use of electronic communications to enable physicians at different locations to share individual customer health information for the purpose of improving customer/patient care. Customer health information may be used for diagnosis, treatment, follow-up and/or education, and may include any combination of the following: (1) medical records; (2) medical images; (3) live two-way audio or video; and (4) output data from medical devices and sound and video files. Telehealth services include remote monitoring, consultations, and prescription orders and refills, among other things.
The Physicians who will provide telehealth services to you are board-certified, licensed physicians, and are licensed in the state where you reside. HealthRight provides administrative services, such as handling intake and maintaining electronic medical records, to these physicians. This Consent is provided to help you better understand how HealthRight supplies you access to telehealth consultation services, the role of the physicians, and your responsibility for your decision to seek telehealth services. HealthRight will document your verbal consent as part of your electronic medical record.
HealthRight’s electronic systems incorporate network and software security protocols (e.g., encrypting data) to protect the confidentiality of your health information, identifying information and any images, as well as measures to safeguard the data and to ensure its integrity against corruption.
Primary responsibility for your medical care and medical record should remain with your primary care doctor, if you have one. HealthRight will provide information about your telehealth consultation(s) to your personal doctor or other healthcare providers upon your written authorization.
As explained in this Consent, there are both benefits and risks in receiving telehealth services or taking any prescribed medications.
- Improved access to medical care by enabling you to remain at a remote location (e.g. home) while the Physician reviews/obtains medical information and consults from elsewhere.
- More efficient medical evaluation and management.
- Obtaining expertise from a doctor at a distance. On-demand convenience; no travel or waiting in a waiting room.
- In some cases, information provided may not be sufficient to allow for appropriate medical decision making by the physicians.
- In rare cases, delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment or technology or the immediate availability of a doctor.
- In rare instances, security protocols could fail, causing a breach of privacy of customer medical information. HealthRight’s HIPAA Privacy Statement, available at www.healthright.com, describes how HealthRight would handle a breach.
- In rare instances, a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
I represent that the following has been explained to me:
- I hereby consent to receiving medical services via telehealth. I understand that these telehealth services do not replace the relationship between me and my primary doctor. I also understand that the physician determines whether my needs are appropriate for a telehealth encounter.
- I understand that I may withdraw my consent to the use of telehealth in the course of my care at any time, without affecting my right to future care or treatment.
- A variety of alternative methods of medical care may be available to me, and I may choose one or more of these at any time.
- I understand that I may expect the anticipated benefits from the use of telehealth in my care, but that no results can be guaranteed or assured.
- The Health Insurance Portability and Accountability Act (HIPAA) and state laws that protect privacy and the confidentiality of medical information also apply to telehealth, and no health information obtained in the use of telehealth that identifies me will be disclosed other than as explained in this Consent and HealthRight’s HIPAA Privacy Statement.
- I understand that HealthRight and the physicians will document and record, as part of my electronic medical record, recorded communications and information relating to my telehealth consult.
- I have the right to review all information obtained and recorded in the course of a telehealth interaction, and may receive copies of this information from HealthRight for a reasonable fee.
- In the event that an adverse drug interaction or allergic reaction occurs, I understand that I am to contact HealthRight’s care service center to speak with a nurse advocate who will provide me with information regarding how to receive follow-up care or assistance.
- I understand that if I am experiencing a medical emergency I will be directed to: dial 911, contact my doctor, or go to an urgent care center or emergency room. I further understand that HealthRight or the physicians are not able to connect me directly to any local emergency services.
- The physicians who provide telehealth services to me form a physician-patient relationship during the telehealth consultation.
- I understand there is a risk of technical failure during a telemedicine encounter. In the event of any problem with the website or related services, I agree that my remedies are limited to restarting the consultation, rescheduling and resuming the consultation, or ceasing use / terminating access to the service. I agree to hold harmless HealthRight for any information lost or delays in evaluation due to such technical failures.
- I understand that I have the right to be informed of any party who will be present during my telehealth consult, and I have the right to exclude anyone from being present.
- I understand that if I fail to comply with the terms and my obligations under this Consent, HealthRight may refuse to provide access to its website/portal or the physicians’ telehealth services.
ADDITIONAL STATE-SPECIFIC CONSENTS. THE FOLLOWING APPLY TO RESIDENTS OF CERTAIN STATES:
Texas: I may file a complaint with the Texas Board of Medicine regarding the telehealth services that I receive from the physician(s). I can submit the complaint electronically (Online Complaint Form), by mail (Complaint Form), or by phone (1-800-201-9353), in accordance with the Texas Board of Medicine’s instructions available on the Texas Board of Medicine’s website: http://www.tmb.state.tx.us/page/place-a-complaint.
Nevada (DOs only). The HealthRight physician(s) who provide telehealth services to me do not have a financial interest in HealthRight or HealthRight’s website/portal
I understand the information provided above, have discussed it with the HealthRight nurse advocate, and all of my questions have been answered to my satisfaction. I hereby give my informed consent for the use of telehealth in my medical care.
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