Telehealth involves the use of electronic communications to enable healthcare providers at different locations to share individual patient clinical information for the purpose of improving patient care. Telehealth services offered by Phzio (“Group”) may also include chart review, appointment scheduling, health information sharing, and non-clinical services, such as patient education. The information you provide may be used for diagnosis, therapy, follow-up and/or patient education, and may include any combination of the following:
The electronic communication systems we use will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption. Our Group physical therapists and other healthcare professionals (our “providers”) are an addition to, and not a replacement for, your primary care physician. Responsibility for your overall medical care remains with your local primary care doctor, if you have one, and we strongly encourage you to locate one if you do not.
Delays in evaluation and treatment could occur due to deficiencies or failures of the equipment and technologies.
In rare events, our provider may determine that the transmitted information is of inadequate quality, thus necessitating a rescheduled telehealth consult or a meeting with your local therapist or primary care doctor.
In very rare events, security protocols could fail, causing a breach of privacy of personal medical information.
In rare events, a lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors, although our Group physical therapists do not issue prescriptions. If you need to receive follow-up care, assistance in the event of an adverse reaction to the treatment, or in the event of an inability to communicate as a result of a technological or equipment failure, please contact Group at email@example.com or 855-470-1700 By checking the box associated with "Informed Consent", you acknowledge that you understand and agree with the following:
I have read this document carefully and understand the risks and benefits of the telehealth consultation and have had my questions regarding the procedure explained and I hereby give my informed consent to participate in a telehealth consultation under the terms described herein.
By checking the Box containing "INFORMED CONSENT FOR TELEHEALTH SERVICES" I hereby state that I have read, understood, and agree to the terms of this document.
Effective Date: June 22, 2016
Some of the Services require us to know more about you so that we can best meet your needs. When you access these Services, we may ask you to voluntarily provide us certain information that personally identifies (or could be used to personally identify) you (“Personal Information”). Personal Information includes (but is not limited to) the following categories of information: (1) contact data (such as your e-mail address and phone number); (2) demographic data (such as your gender, your date of birth and your zip code); (3) insurance data (such as your insurance carrier, insurance plan, member ID, group ID and payer ID); (4) medical data (such as the physical therapists, dentists or other health care providers (“Healthcare Providers”) you have visited, your reasons for visit, your dates of visit, your medical history, and other medical and health information you choose to share with us), and (5) other information that you voluntarily choose to provide to us, including without limitation SSN, unique identifiers such as passwords, and Personal Information in emails or letters that you send to us. You may still access and use some of the Services if you choose not to provide us with any Personal Information, but the features of the Services that require your Personal Information will not be accessible to you.
We also may automatically collect certain data when you use the Services, such as (1) IP address; (2) domain server; (3) type of device(s) used to access the Services; (4) web browser(s) used to access the Services; (5) referring webpage or other source through which you accessed the Services; (6) geolocation information; and (7) other statistics and information associated with the interaction between your browser or device and the Services (collectively “Traffic Data”). Depending on applicable law, some Traffic Data may be Personal Information. We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent.
We collect information (including Personal Information and Traffic Data) when you use and interact with the Services, and in some cases from third party sources. Such information includes:
We may use tools outlined below in order to better understand users.
Some web browsers (including some mobile web browsers) allow you to reject Cookies or to alert you when a Cookie is placed on your computer, tablet or mobile device. You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept Phzio’s Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services.
You may opt out of receiving certain Cookies and certain trackers by visiting the Network Advertising Initiative (NAI) opt out page or the Digital Advertising Alliance (DAA) consumer opt-out page. When you use these opt-out features, an “opt-out” Cookie will be placed on your computer or tablet indicating that you do not want to receive interest-based advertising from NAI or DAA member companies. If you delete Cookies on your computer or tablet, you may need to opt out again. For information about how to opt out of interest-based advertising on mobile device identifiers, please visit http://www.applicationprivacy.org/expressing-your-behavioral-advertising-choices-on-a-mobile-device. Please note that even after opting out of interest-based advertising, you may still see Phzio’s advertisements that are not interest-based (i.e., not targeted toward you). Also, opting out does not mean that Phzio is no longer using Tracking Tools — Phzio still may collect information about your use of the Services even after you have opted out of interest-based advertisements and may still serve advertisements to you via the Services based on information it collects via the Services.
Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to websites that a visitor does not want to have his/her online activity and behavior tracked. If a website operator elects to respond to a particular DNT signal, the website operator may refrain from collecting certain Personal Information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many website operators, including Phzio, do not take action to respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.
We use your information, including Personal Information, to provide the Services to you and to help improve them, including to:
We may use information that is neither Personal Information nor PHI (including non-PHI Personal Information that has been de-identified and/or aggregated) to better understand who uses Phzio and how we can deliver a better healthcare experience (for example, testing different kinds of emails has helped us understand when and how patients prefer to get Wellness Reminders for preventive care), or otherwise at our discretion.
We may disclose certain information that we collect from you:
We also may need to disclose your Personal Information or any other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with applicable law, regulation, court order or other legal process; (2) protect the rights, property or safety of Phzio or another party; (3) enforce the Agreement or other agreements with you; or (4) respond to claims that any posting or other content violates third-party rights.
We may disclose information that is neither Personal Information nor PHI (including non-PHI Personal Information that has been de-identified and/or aggregated) at our discretion.
We store and process your information on our servers in the United States and abroad. We maintain industry standard backup and archival systems.
Any information that you may reveal in a review posting or online discussion or forum is intentionally open to the public and is not in any way private. We recommend that you carefully consider whether to disclose any Personal Information in any public posting or forum. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.
The security of your Personal Information is important to us. We endeavor to follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and in storage. For example, when you enter sensitive information on our Site, we encrypt that information using secure socket layer technology.
If you are a registered user of the Services, you can modify some of the Personal Information you have included in your profile or change your username by logging in and accessing your account. If you wish to close your account, please email us at privacy@Phzio.com. Phzio will delete your account and the related information at your request as soon as reasonably possible. Please note, however, that Phzio reserves the right to retain information from closed accounts, including to comply with law, prevent fraud, resolve disputes, enforce the Agreement and take other actions permitted by law. You must promptly notify us if any of your account data is lost, stolen or used without permission.
The Services are not intended for use by children and children are prohibited from using the Services. Phzio does not knowingly collect any information from children, nor are the Services directed to children.
By accessing, using and/or submitting information to or through the Services, you represent that you are not younger than age 13. If we learn that we have received any information directly from a child under age 13 without his/her parent’s written consent, we will use that information only to respond directly to that child (or his/her parent or legal guardian) to inform the child that he/she cannot use the Services and subsequently we will delete that information.
If you are between age thirteen (13) and the age of majority in your place of residence, you may use the Services only with the consent of or under the supervision of your parent or legal guardian. If you are a parent or legal guardian of a minor child, you may, in compliance with the Agreement, use the Services on behalf of such minor child. Any information that you provide us while using the Services on behalf of your minor child will be treated as Personal Information as otherwise provided herein.
Phzio provides telemedicine based physical therapy (“PT”) treatments on our PHZIO distance monitored PT treatment exercise platform, that may or may not be insurance reimbursable . The PHZIO system has the capability to manage and forwarding your health history forms and other health-related information to share with your healthcare providers (“Phzio Services”). As part of providing the Phzio Services, Phzio may collect, use, share, and exchange your health history forms and other health-related information with Your Healthcare Providers. Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some of this health and health-related information may be considered “protected health information” or “PHI” if such information is received from or on behalf of Your Healthcare Providers.
Safeguards for PHI: HIPAA protects the privacy and security of your PHI by limiting the uses and disclosures of PHI by most healthcare providers and by health plans (called “Covered Entities”) as well as companies, like Phzio, that provide certain types of assistance to Covered Entities (called “Business Associates”). Under certain circumstances described in HIPAA, an individual needs to sign an Authorization form before a Covered Entity, like Your Healthcare Provider(s), can disclose protected health information to a third party.
Your PHI Authorization: The purpose of this Phzio Authorization (“Authorization”) is to request your written permission to allow Phzio to use and disclose your PHI in the same way as we use and disclose your Non-PHI. If Phzio is a Business Associate of Your Healthcare Providers, Phzio needs your Authorization to be able to use and disclose your PHI in the same way it can currently use and disclose your Non-PHI when Phzio is not working on behalf of Your Healthcare Providers, but is instead working on its own behalf. Therefore, when Phzio relies on this Authorization, and uses and discloses PHI as described in this Authorization, it is not working as a Business Associate and the HIPAA requirements that apply to Business Associates will not apply to such uses and disclosures.
If you e-sign this Authorization, you give your permission to Phzio to retain your PHI and to use and/or disclose your PHI in the same way that you have agreed that your Non-PHI can be used and disclosed. Specifically, you agree that Phzio can use your PHI to:
You also agree that Phzio can disclose your PHI to:
Redisclosure: If Phzio discloses your PHI, Phzio will require that the person or entity receiving your PHI agrees to only use and disclose your PHI to carry out its specific business obligations to Phzio or for the permitted purpose of the disclosure (as described above). Phzio cannot, however, guarantee that any such person or entity to which Phzio discloses your PHI or other information will not re-disclose it in ways that you or we did not intend or permit.
Expiration and Revocation of Authorization: Your Authorization remains in effect until you provide written notice of revocation to Phzio. YOU CAN CHANGE YOUR MIND AND REVOKE THIS AUTHORIZATION AT ANY TIME AND FOR ANY (OR NO) REASON.
If you wish to revoke this Authorization, you must notify Phzio by submitting a revocation through your account settings page. Your decision not to execute this Authorization or to revoke it at any time will not affect your ability to use certain of the Phzio Services. A Revocation of Authorization is effective after you submit it to Phzio, but it does not have any effect on Phzio’s prior actions taken in reliance on the Authorization before revoked. Once Phzio receives your Revocation of Authorization, Phzio can only use and disclose your PHI as permitted in Phzio’s agreements with Your Healthcare Provider(s). Your Revocation of Authorization does not affect Phzio’s use of your Non-PHI.
We will make available to Your Healthcare Provider(s), current and past, your agreement to or revocation of this Authorization.
At Phzio, Patients First is our most important core value. It means we’re always working hard to keep your data safe and continually earn your trust. Keeping your information secure is a top priority for us. Here are some of the ways we protect it:
When signing up and using our PHZIO platform, you only need to share basic information, such as your name, email, sex, and date of birth insurance carrier information.
To make sure we’re always improving, we also analyze use of the service – such as the time of day you schedule an appointment, the specialties that you book most often, and the type of device you use. This data, like the rest of your information, is stored with security as a top priority. And Phzio never stores credit card information, bank account information, radiological images or reports, laboratory analysis, or diagnostic reports.
How do we use data?
When you book an appointment, we securely share your name, insurance details (if you provide them), date of birth, sex, and chosen appointment time with your physical therapist. If you choose to use Phzio Check-In (instead of a clipboard and pen in the physical therpist’s office), we relay to your physical therapist, on your behalf, any information you voluntarily provide.
We also analyze aggregated data, which cannot be connected back to any individual patient, to better understand different uses of EWellness and how we can deliver a better healthcare experience. For example, testing different kinds of emails has helped us understand when and how patients prefer to receive Wellness Reminders for preventive care. We may also use this non-identifiable data for projects that can benefit the world, like studying disease patterns or contributing to public health initiatives. And in the future, we might work with partners to help us accomplish these things.
Like other online businesses, we may show ads for our services on other websites or platforms. We never show you ads for third party products.
We will not share your personal information unless we have your consent or are required by law to do so. We never sell your personal information to any third parties. In all of these cases, our top concern and highest priority is the security of your data.
Phzio exists to improve your healthcare experience, and we hope you’ll make great use of our service. These terms explain your rights and responsibilities when using Phzio PHZIO system.
Effective Date: June 22, 2016
Please note that we offer the Services “AS IS” and without warranties. If you are registering an account or using the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
You acknowledge that although some Content may be provided by individuals in the medical profession, the provision of such Content does not create a medical professional/patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment, but is provided to assist you with locating appropriate medical care from a physical therapist, dentist or other healthcare specialist, professional or provider (collectively, “Healthcare Provider”). “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Site, including without limitation Content provided in direct response to your questions or postings.
WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR OTHER CONTENT THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL LISTED OR ACCESSIBLE THROUGH THE SERVICES.
The Content that you obtain or receive from Phzio, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services is for informational, scheduling and payment purposes only. All medically related information, including but not limited to information shared via Phzio’ PHZIO platforms, the Phzio blog, official Phzio social channels, Phzio emails and text messages, and Phzio advertising, is for information purposes only.
THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM EWELLNESS, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL AND 911. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
We do not recommend or endorse any specific tests, Healthcare Providers, procedures, opinions, or other information that may appear through the Services. If you rely on any Content provided through the Services, you do so solely at your own risk.
NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM EWELLNESS INCLUDING, BUT NOT LIMITED TO, THE “FIND A PHYSICAL THERAPIST” FEATURE, EWELLNESS ANSWERS”, EWELLNESS BLOG, OFFICIAL EWELLNESS SOCIAL CHANNELS, EWELLNESS EMAILS OR TEXT MESSAGES LINKS TO OTHER SITES OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.
We have no control over, and cannot guarantee the availability of any Healthcare Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Site or Services whatsoever.
You are strongly advised to perform your own investigation prior to selecting the PHZIO platform by making confirming telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular Healthcare Provider by confirming with the Healthcare Provider’s office, your current Healthcare Providers, the medical association(s) relevant to the Healthcare Provider’s specialty and your state medical board(s).
Phzio uses reasonable efforts to ensure that physical therapist only participate in the Services if they hold all active licenses required by law to practice the specialties of the services offered by them, and are not excluded from participation in the Medicare and Medicaid programs. Phzio may exclude Healthcare Providers who, in Phzio’s discretion, have engaged in inappropriate or unprofessional conduct.
Healthcare Providers listed through the Services with whom you may book appointments enter into contracts with us, and may pay us a fee in order to use our PHZIO platform for patient treatment visits. We will provide you with lists and/or profile previews of Healthcare Providers who may be suitable to provide the healthcare services you seek based on information that you provide to us (such as insurance information, geographical location, and healthcare specialty). In an effort to aid in the discovery of Healthcare Providers and enable the maximum choice and diversity of Healthcare Providers participating in the Services, these lists and/or profile previews may also be based on other criteria (including, for example, Healthcare Provider availability, past selections by and/or ratings of Healthcare Providers by you or by other Phzio users, and past experience of Phzio users with Healthcare Providers); but Phzio (a) does not recommend or endorse any Healthcare Providers, (b) does not make any representations or warranties with respect to these Healthcare Providers or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Healthcare Providers for featuring them (i.e., higher or better placement on lists) through the Services (subject to the Sponsored Results as described below). Note, however, to the extent that you use the Services as provided by your employer, Phzio may provide lists and/or profile previews based also on criteria determined by your employer and your employer’s agents or advisors.
We may show you sponsored results on the Site, including at the top of search results (“Sponsored Results”). Phzio receives additional fees from Healthcare Providers or healthcare organizations for providing Sponsored Results. Sponsored Results shown through the Services are not, and should not be considered, an endorsement or recommendation by Phzio of the Healthcare Provider or healthcare organizations.
We make the Services available as a service to consumers and Healthcare Providers for the purposes of providing an informational and educational resource. We may, but have no obligation to, have Content posted through the Services reviewed by our editorial personnel. It is important to note, however, that the timeliness, accuracy, and completeness of any or all of the Content is not guaranteed. Neither the authors, the editorial personnel, nor any other party involved in the preparation or publication of this work can guarantee that the Content contained herein is accurate or complete, and they will not be responsible for any errors or omissions or for the results obtained from the use of such Content.
You are encouraged to independently confirm the Content contained herein with other sources and to seek the advice of a qualified Healthcare Provider.
Healthcare Provider Content:
Healthcare Provider and practice Content is intended for general reference purposes only. Healthcare Provider Content is both provided by the Healthcare Provider and/or office staff, and collected from multiple other data sources that may not be confirmed by the Healthcare Provider. Such Content often changes frequently and may become out of date, incomplete or inaccurate. Neither the Site nor Phzio provides any advice or qualification certification about any particular Healthcare Provider. You are encouraged to independently verify such Content.
The procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, patients or all clinical situations. Any products, services or devices represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.
The insurance and insurance related Content (including, without limitation, insurance coverage and benefit Content) is intended for general reference purposes and for your convenience only (“Insurance Content”). Such Insurance Content is based on Personal Information (as defined below) you provide to us as well as Healthcare Provider Content. The Insurance Content is provided either directly by the insurance provider you identify or via a third-party clearinghouse. Insurance Content often changes frequently and may become out of date, incomplete or inaccurate. In order to improve (but not guarantee) the accuracy of the Insurance Content, you acknowledge and agree that you will (a) provide accurate and complete insurance-related Personal Information, and (b) verify and update your insurance-related Personal Information (including, without limitation, verifying such Personal Information obtained by automated means from an insurance card you provide); Phzio will not be responsible for your failure to comply with subparts (a) or (b) hereof, nor for any inaccurate, incomplete or outdated Insurance Content, regardless of the reason.
As part of the registration process, you will provide an e-mail address and create a password. These are your credentials for accessing the Services that are only available to members (“Credentials”). You should keep your Credentials private and not share your Credentials with anyone else. You must immediately notify us if your password has been stolen or compromised.
Even though the Services are provided free of charge, usual, customary and any other charges for any medical or related services rendered by Healthcare Providers will apply and will be entirely your responsibility. You must resolve any dispute between you or any Healthcare Provider arising from any transaction hereunder directly with the Healthcare Provider.
You are responsible for all use of the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services (including, without limitation, Healthcare Provider or practice information, appointment availability, price information, and Insurance Content) for any purpose whatsoever.
You are also responsible for reviewing and complying with the terms set forth in our Acceptable Use Policy.
Regardless of whether you are a member or whether you schedule or intend to schedule appointments (including appointments for Designated Provider Services, as defined in the Additional Terms) through the Services, if you are a Healthcare Provider or other person or entity in the healthcare or medical industries, you acknowledge and agree that:
(A) You will not use the Services to view, access or otherwise use, directly or indirectly, price, availability, or other Content for any purpose other than your own personal use as a patient or prospective patient.
(B) You will not use the Services to establish, attempt to establish, or enforce, directly or indirectly, any agreement or coordination of the prices charged for any product or service; the kinds, frequencies or amounts of any product or service offered; or the customer or customer categories for any product or service, or otherwise engage or attempt to engage in price fixing, output restriction, or customer or market allocation.
(C) You will not use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations.
We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included through the Services, and the use of new services will be governed by this Agreement. You agree that Phzio will not be liable to you or any third party for any suspension or discontinuation of any of the Services or portion thereof.
Certain of the Services may have additional terms (including without limitation policies, guidelines, and rules) that will further govern your use of that particular Service, and supplement this Agreement. If you choose to register for, access or use any such Services, you may be presented with such additional terms. You may also find such additional terms in the Additional Terms. By using those Services, you agree to comply with any such additional terms, which are incorporated by reference into this Agreement.
The Services may include links to other websites, including links provided as automated search results. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.
You will have the opportunity to submit feedback regarding your experiences with Healthcare Providers featured through the Services, to submit inquiries concerning possible medical needs and to participate in the other interactive and community features of the Site (collectively “Posted Information”). It is important that you act responsibly when providing Posted Information. All Posted Information must comply with our Acceptable Use Policy.
Phzio reserves the right to investigate and at our discretion take appropriate legal action against anyone who violates this provision or the Acceptable Use Policy, including without limitation, removing any offending communication from the Services and terminating the membership of such violators or blocking your use of the Services.
By posting Posted Information through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to Phzio and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information. This license is non-exclusive, except you agree that Phzio shall have the exclusive right to practice this license to the extent of combining your Posted Information with the Posted Information of other Phzio users for purposes of constructing or populating a searchable database of reviews and information related to the healthcare industry.
All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Phzio’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or Services in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and unambiguously provided herein, neither Phzio nor its suppliers grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by Phzio to you are retained by Phzio.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Site and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services.
WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, EWELLNESS MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. EWELLNESS DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICES OR THE SITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR THE SITE OR THE SERVICES, OR (b) $100; EXCEPT THAT, FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE TRANSACTION PROCESSING SERVICES (AS DEFINED IN THE ADDITIONAL TERMS), IN NO EVENT SHALL OUR CUMULATIVE LIABILITY THEREOF REGARDLESS OF THE FORM OF ACTION EXCEED THE TOTAL AMOUNT OF TRANSACTION PROCESSING FEES (AS DESCRIBED IN THE ADDITIONAL TERMS), IF ANY, REMITTED TO AND RETAINED BY EWELLNESS FOR PROVIDING TRANSACTION PROCESSING SERVICES FOR APPOINTMENTS MADE BY YOU IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE CLAIM.
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO 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”.
Please review our Acceptable Use Policy for our copyright dispute policy.
No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
This Agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of New York as applied to contracts made and to be performed entirely within New York, without giving effect to the state’s conflicts of law statute.
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY.
Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this Agreement to arbitrate.
YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US 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 we are 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. 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 of Service.
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
We may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
Effective Date: June 22, 2016
Here at Phzio, we’re committed to making our service safe, caring, and accessible for everyone. That’s why we created this document, which explains the rules for using Phzio. Thank you for reading, and for helping us deliver a better healthcare experience!
BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AUP, UNDERSTAND ITS TERMS, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THIS AUP, YOU CANNOT USE THE SERVICES.
You agree not to use the Services in any unlawful, infringing, tortious or harmful manner; in any way that violates another party’s intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
You may not use contact information provided by our users or Healthcare Providers, or harvest such information for the purpose of sending, or to facilitate the sending of, unsolicited bulk communications, such as SPAM. You may not allow others to use your account to violate the terms of this section. We may immediately terminate your registration or access to the Services and take other legal action if you or anyone using your Credentials violates these provisions.
Pursuant to the Term of Use, you may submit feedback, submit inquiries and to participate in the other interactive and community features of the Site (collectively “Posted Information”). In providing feedback, please give clear, honest information about the Healthcare Provider and your experiences, but do not use inappropriate language, make gratuitous personal criticisms or comments or provide information that others could use to determine your identity. When participating in interactive or community aspects of the Service, please do not post any information that another user or Healthcare Provider may use to individually identify you, but please do include all relevant information in a concise manner to help us provide you with a helpful response.
We reserve the right to publish your Posted Information as part of the Services and to also remove your Posted Information for any reason. We are not, however, responsible for any failure or delay in posting or removing Posted Information. Keep in mind that the Posted Information of others is simply opinion and should not be relied on.
Without limiting the generality of the foregoing:
Phzio adopts the general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA) (http://www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Phzio’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided at the bottom of this section.
Our policy is to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or other users; and (b) remove and discontinue Service to repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through the Site or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification”):
Upon Receipt of a Bona Fide Infringement Notification.
Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is Phzio’s policy:
Procedure to Supply a Counter-Notice to the Designated Agent.
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Phzio may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Phzio’s discretion.
Address for Designated Agent. Please contact Phzio’s Designated Agent to Receive Notification of Claimed Infringement.
The effective date of this Acceptable Use Policy is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the Services after the effective date constitutes your acceptance of the amended Acceptable Use Policy. We encourage you to periodically review this page for the latest information on acceptable uses of the Services. The amended Acceptable Use Policy supersedes all previous versions.
IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS ACCEPTABLE USE POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.
Effective Date: June 22, 2016
BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE ADDITIONAL TERMS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE ADDITIONAL TERMS, YOU CANNOT USE THE SERVICES.
Certain Healthcare Providers may provide through the Services price information for their healthcare and related products and services (“Designated Provider Services”), and permit you to use the Services to pay for such Designated Provider Services.
Prior to scheduling an appointment for Designated Provider Services, please carefully review (a) the price information, and (b) all of the products and services that are included and excluded in each Designated Provider Service. Healthcare Providers are required to provide the applicable Designated Provider Service at or below the price indicated at the time of scheduling (“Designated Price”), unless you separately agree otherwise. Services in addition to or different from Designated Provider Services may be available, offered or rendered by Healthcare Providers. You and your Healthcare Providers are responsible for agreeing to any additional or different services.
WE ARE NOT RESPONSIBLE FOR YOUR OR ANY HEALTHCARE PROVIDER’S FAILURE TO AGREE TO ANY ADDITIONAL OR DIFFERENT SERVICES.
Certain Healthcare Providers may permit you to use the Services to pay for all or a portion of your financial obligations under your insurance coverage and benefits (the “Insurance Payment Services”).
The transaction processing fee for the Transaction Processing Services reflects the fair market value for the Transaction Processing Services provided by Phzio and its payment processing partner. Healthcare Providers may separately charge you for additional or different products or services.
You acknowledge and agree that:
(a) you are responsible for and you will pay the Designated Price for the Designated Provider Services charged through Phzio by the applicable Healthcare Provider, as well as other amounts the applicable Healthcare Provider may charge through Phzio for any additional or different services rendered during or related to the applicable appointment;
(b) you remain responsible for paying all amounts required by law and/or contract (e.g., health plan agreement), including all cost-sharing obligations (such as, but not limited to, copayments, deductibles and other coinsurance obligations);
(c) Phzio may process your payment, and may do so in collaboration with our payment processing partner;
(d) Phzio is not responsible for any charges incurred for any products or services provided by Healthcare Provider, including any Designated Provider Service;
(e) Phzio is not responsible for any charges submitted for processing by Healthcare Providers;
(f) in the event you dispute any fees chargeable or charged through Phzio by a Healthcare Provider, you will resolve such dispute directly with the applicable Healthcare Provider;
(h) you will promptly review all charges processed through the Transaction Processing Services, and immediately notify Phzio to the extent you have any questions, concerns or disputes; in no event may you raise any questions, concerns or disputes after twelve (12) months from the date of the applicable transaction; and
You further acknowledge and agree that: neither Phzio nor our payment processing partner will be responsible if either we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to:
(A) if you have not provided us with accurate, current and complete payment information;
(B) if you do not have sufficient available funds or available credit to complete the transaction;
(C) if you do not have an active payment card, or if we are unable to confirm your payment card information or your identity;
(D) if your account with us, your account with our payment processing partner, your access to the Services, or your access to our payment processing partner’s services has been terminated or suspended for any reason;
(E) if we or our payment processing partner have reason to believe that the requested transaction is unauthorized; or
(F) if we terminate or suspend the services we provide to the applicable Healthcare Provider.
We may send communications to you on your mobile telephone by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider.
We may incorporate third party software as part of certain of the Services, including without limitation open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider. Where applicable, additional notices relating to the third party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third party software.
Sections 1.4, 4 and 6 shall survive any termination or expiration of these Additional Terms and/or the Agreement.
The effective date of these Additional Terms is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the Services after the effective date constitutes your acceptance of the amended Additional Terms. We encourage you to periodically review this page for the latest information on any of the Services. The amended Additional Terms supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THESE ADDITIONAL TERMS, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.