HealthRight.com Online Terms of Use

This HealthRight document is in two sections: ‘Terms of Use’ and ‘Informed Consent for Services’

TERMS OF USE

These Terms of Use are effective as of August 5, 2015.

Welcome to the HealthRight website, owned and operated by HealthRight (“HealthRight.com”, “we”, “us” and “our”). Please read the following Terms of Use as they, together with all the other Terms and Conditions referred to below, govern your access and use of our HealthRight.com (sometimes referred to as the “Site.”).

ACCEPTANCE OF THE TERMS OF USE

THESE TERMS OF USE DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. THESE TERMS OF USE FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT AND OFFERS PROVIDED ON THE SITE. YOU AGREE TO MANDATORY ARBITRATION AND WAIVER OF THE ABILITY TO BRING A CLAIM IN A CLASS ACTION FORMAT.

IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OF OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR SITE BECAUSE IF YOU USE OR CONTINUE THE SITE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE AS A CONDITION OF SUCH USE.

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.

When you see the word “use” or “using” in connection with our Site or us in these Terms of Use, it means and refers to any time you, directly or indirectly, with or without a device, attempt to or actually do access, interact, utilize, display, view, browse, visit, print or copy, transmit, receive or exchange data, upload, download, post or otherwise submit any message, posting, material or content or you otherwise communicate, including with another user or anyone else. We will also consider you to be using our Site if you utilize, benefit from, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through our Site, for any purpose. Also, when we use the term “including” it means “including, without limitation” or “including, but not limited to” and construed as inclusive and illustrative and not exclusive or limiting.

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.

These Terms of Use include our Privacy Policy and any other terms we disclose or notify you of when you use or attempt to use our Site (“Additional Terms”) all of which are incorporated by reference and form a part of our Terms of Use for all purposes. In the event of a conflict, these Terms of Use shall control although the Additional Terms may govern use of particular products, solutions, or services. To make reading and understanding your agreement with us easier, we will use the expression “Terms of Use” to mean and refer to this document, as well as our Privacy Policy and any Additional Terms that apply to you.

By using our Site, you are acknowledging you have read, understand and accept as binding, all of the rights and obligations, terms and conditions in our Terms of Use which constitute the legal agreement you have with us. If you do not agree with, cannot comply with or are unwilling to accept our Terms of Use, please discontinue your use of our Site immediately because continued use shall constitute acceptance of these Terms of Use.

WE CAN CHANGE OUR TERMS OF USE AND SITE

We reserve the right, at any time, to add to, delete or modify our Terms of Use, as well as all or any part of our Site in our sole discretion. We will notify you of changes to our Terms of Use by posting the new Terms of Use on this website, or by sending you a notice via e-mail. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. The date at the top of the Site indicates when these Terms of User were last updated. You agree to review these Terms of Use and other online policies posted on our Site periodically to be aware of any revisions.

OUR PRIVACY POLICY

Your privacy is important to us. We have developed a Privacy Policy in order to inform you of how we collect and use information we obtain from you. All information we collect on the Site is subject to our Privacy Policy, and our Privacy Policy is incorporated into and is a part of these Terms of Use.

RULES OF CONDUCT

You agree to use or access the Site or the Service only for lawful purposes and in accordance with these Terms of Use.

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.

We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. Any violation of system or network security may subject you to civil and/or criminal liability.

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.

These Terms of Use permit you to use the Site for your own personal, non-commercial use only. Except as otherwise provided in these Terms of Use, you may not reproduce, modify, publish, prepare derivative works, or distribute copies of the HealthRight.com Content in whole or in part. You acknowledge and agree that if you use any Content in violation of our Terms of Use, any other party’s rights, or any laws or regulations, including laws relating to the protection of intellectual property, you may be subject to civil liability, criminal prosecution or both under the laws and regulations of the United States, as well as any other state, national, provincial or other laws, regulations and treaties that may apply.

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

Email: contact@healthright.com

POSTING AND SUBMITTING USER CONTENT

Our Site may allow you to register, create a profile or account and enable you to submit, provide, furnish, transmit, exchange, communicate and/or display to other users (referred to as Posting”) content or materials (collectively, “User Content”). By Posting, you represent that you own or have the right to engage in or submit, display or use the User Content and you specifically agree your User Content shall not violate any law or regulation, our Terms of Use or the rights of others.

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 contact@healthright.com.

OUR RIGHT TO USER CONTENT

User Content will be considered non-confidential and non-proprietary and may be used by our affiliates, Our Companies, or HealthRight.com. Content that is yours, remains yours and neither our Terms of Use, nor your use of our Site is intended to deprive you or anyone of any existing rights to Content. By posting, downloading, displaying, performing, transmitting, or otherwise distributing Content to HealthRight or the Site, you are:

  • 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”).

MOBILE SERVICES

The Site may offer certain tools or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Site and its Mobile Services shall be in accordance with our Terms of Use.

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.

PRODUCT REDEMPTION

From time to time we may distribute deals, freebies, or samples (collectively, “Offers”). The availability of the Offers may vary based on location and timing. In redeeming an Offer, you further agree to the HealthRight.com Sample Offer Terms and Conditions, which are incorporated into these Terms of Use.

PROMOTIONS

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.

Similarly, from time to time in connection with your use of the Site, you may have access to Content or websites that are owned by third parties (“Third Party Content”). You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of Third Party Content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all Third Party Content.

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

Our Terms of Use will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. HealthRight.com reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and our Terms of Use with you will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate our Terms of Use at any time by ceasing to use the Site, but all applicable provisions of our Terms of Use will survive termination, as identified below, and each re-access or use of the Site will reapply our Terms of Use (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning HealthRight.com’s proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of our Terms of Use for any reason.

WE HAVE THE RIGHT TO TERMINATE

We have the right to discontinue, suspend or terminate our Site or your use of the Service and/or our Site at any time, with or without notice to you, and without liability to you, for any reason or no reason whatsoever, including any time we determine, in our sole judgment, you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Site or the Service by others. In addition to any other rights and remedies we may have under these Terms of Use, or at law or in equity, we have the right to: (i) refuse to allow you further Posting; (ii) remove or delete Postings; (iii) revoke your right to use our Site; (iv) revoke and terminate your HealthRight.com account; (v) use any technological, legal, operational or other means available to enforce our Terms of Use, including blocking specific IP addresses or deactivating your registration.

YOU INDEMNIFY US

By using our Site, you agree to defend and hold harmless any or all of Our Companies (which include HealthRight.com, HealthRight and its affiliates) against any demands, claims or actions arising out of or as a result of your access to or use of the Site, your breach or violation of our Terms of Use, including any breach arising from violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of any person or entity (“Claim”) and you shall indemnify and hold Our Companies harmless from and against any and all losses, damages, costs and expenses, including attorneys’ fees, resulting from any such Claim. We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense. When we use the phrase “you will defend and indemnify us” anywhere in our Terms of Use, it means and refers to the foregoing provisions of this section of our Terms of Use.

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).

GOVERNING LAW

Our Terms of Use and your use of our Site shall be construed, governed by and enforced under the substantive laws of the State of Florida applicable to parties resident in and contracts made, executed and wholly performed within the State of Florida. You submit to the jurisdiction of the State and Federal courts situated in Pinellas County, California, USA in all disputes arising out of or related to the use of the Site or Service and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms of Use.

YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER OUR TERMS OF USE OR YOUR USE OF OUR WEBSITE.

INJUNCTIVE RELIEF

You acknowledge that any breach, threatened or actual, of our Terms of Use, including, without limitation, with respect to unauthorized use of HealthRight proprietary assets, will cause irreparable injury to HealthRight, such injury would not be quantifiable in monetary damages, and HealthRight would not have an adequate remedy at law. You therefore agree that HealthRight shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of our Terms of Use. Accordingly, you hereby waive any requirement that HealthRight post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to HealthRight to enforce any provision of our Terms of Use.

ARBITRATION AND CLASS ACTION WAIVER

You agree to first contact us at contact@healthright.com 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.

MISCELLANEOUS

The Terms of Use constitute the entire agreement you have with us regarding the subject matter and supersedes any and all prior and/or inconsistent understandings. Our Terms of Use cannot be modified except as set described herein or in a written amendment signed by an authorized representative of ours. No electronic or digital communication of any kind is to be construed as a ‘writing’ for purposes of amending or modifying our Terms of Use or the rights and obligations of the parties hereunder. The illegality, unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Terms of Use. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Headings are purely for reference and shall not affect meaning. Any provision which must survive any termination of your agreement with us in order to allow us to enforce its meaning shall survive. You may not make or initiate any demand, claim or action against us or any of Our Companies, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

If we believe, have reason to believe or are notified of anything which could compromise or endanger the health or safety of any person, could cause damage (tangible or intangible), could adversely affect, infringe upon or misappropriate anyone else’ rights, harasses or interferes with any other user, interferes with or bypasses security or other protective measures violates any law or regulation or these Terms of Use, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

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.

NO LICENSE

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.com 2015-6. All Rights Reserved. | privacy policy | Terms of Use

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.

EXPECTED BENEFITS

  • 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.

POTENTIAL RISKS

  • 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.

ACKNOWLEDGEMENTS

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.

March 2016

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