Terms of service
Last updated: September 28, 2018
DO NOT USE HEAL DOCTORS’ SERVICES OR THE HEAL APPLICATION TO SEEK MEDICAL SERVICES FOR SOMEONE WHO IS UNCONSCIOUS, NOT BREATHING OR GASPING FOR AIR, EXPERIENCING AN ALLERGIC REACTION, HAVING CHEST PAIN, UNCONTROLLABLY BLEEDING, OR ANY OTHER SYMPTOMS THAT REQUIRE IMMEDIATE OR EMERGENT MEDICAL ATTENTION. CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM (ER) IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.
Get Heal, Inc. (“Heal”) along with its predecessors, licensors, beneficiaries, and its contracted independent health care providers, including without limitation Dua Medical, P.C., d/b/a “Heal Doctors, AD Medical, P.C., d/ba Heal Doctors, Heal At-Home Medical and Heal Seniors, (collectively, the “Companies”, “we”, or “us”) welcome you to download our proprietary mobile application software called “Heal™” (or the “Application”).
Please note, Heal is an administrative and technology service provider that owns the Application. Heal has entered into contracts with certain independent health care providers who provide mobile, non-emergency general adult and pediatric health services (collectively, “Heal Doctors”). Pursuant to its contract with Heal Doctors, Heal licenses the Application to Heal Doctors. Heal does not provide any healthcare services, nor does it refer or recommend any physician or Medical Practice or any other medical provider or personel.
By downloading and using the Application, and by requesting and /or receiving services through the Application and/or via our Website (if applicable) (“Services”), you agree to be bound by the terms of service set out below (the “Agreement”). If you do not agree to all of the terms of this Agreement, do not use the Application or our Services. The Companies may revise and update this Agreement at any time. Your continued use of the Application or our Services will mean you accept the revised Agreements. All references to the “Application” in this Agreement shall be construed to also include our Website (if applicable).
1. Heal’s Application & Heal’s Contracted Healthcare Providers
Congratulations on your decision to download the mobile application Heal™ (the “Application”). We are excited to bring you the Application, an innovative platform that permits you to initiate and transmit a request for health services to be provided the comfort and convenience of your specified location, such as you home, office, or workplace. The provision of the requested health services at the user-specified location, whether a house or otherwise, is referred herein as a “House Call”.
Heal’s Application is a platform that (1) allows you to request a House Call from Heal Doctors, (2) provides Heal Doctors the capability to respond and schedule a House Call for you, and (3) facilitates communication between you and Heal Doctors by transmitting to Heal Doctors the information you provide to Heal, including your personal and medical information. Upon receipt of your request for a House Call, the Application will notify Heal Doctors and transmit your information, including your location and any personal or health information. Heal Doctors will assess your request for a House Call and use your provided information to determine, in its sole and absolute discretion, whether or not it has an appropriate and available medical provider (a “Provider”) and medical assistant (“Medical Assistant”) to respond to your request for Services at your requested location. In the event that Heal Doctors sends a Provider, that Provider may, in his or her best judgment, based on information received prior to the House Call or during the House Call, determine that he or she is unable to provide treatment. The Providers and Medical Assistants are sometimes referred to herein as “Health Care Professionals.” Heal Doctors is solely responsible for hiring or otherwise contracting with qualified Health Care Professionals.
You understand that there may be no Heal Doctors or Health Care Professionals in your area. Neither your registration with the Application, nor anything else contained herein guarantees, that any Health Care Professionals will be available to provide House Calls in your area.
Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to this Agreement. You are responsible for all equipment necessary to access the Application.
- Your Privacy & Your Obligation to Provide Accurate Information
In order to obtain our Services you must provide Heal with certain personal information and register for an account. Additionally, you may also choose to provide Heal with access to your other health data or medical records. For example, you may choose to provide Heal with access to your electronic health data or electronic medical records that are created or save by third-parties, such as Apple Health Record or Apple Health.
It is imperative that you provide accurate and truthful information during the registration process. By submitting the registration information requested you represent and warrant to us that all of the personal information you provide to Heal, both during the registration process or anytime thereafter, is true and correct to the best of your knowledge. We reserve the right to refuse your registration or to cancel your use of the Application and/or the Services if we determine that you have not provided complete and accurate information regarding your identity and/or have otherwise not provided accurate information.
You also agree that you will not choose or use a username that: (i) belongs to another person or is used with the intent of impersonating another person; or (ii) is subject to any rights of a person other than you without appropriate authorization. You may never use another person’s sign-in details to access the Application and/or Services.
- Billing for Services
Heal Doctors is responsible billing patients and patients health plans for the healthcare services rendered by Heal Doctors’ Health Care Professionals. Information regarding how Heal Doctors generally submits claims for reimbursement and your expected financial responsibility are summarized below. Neither Heal nor Heal Doctors make any guarantee that a House Call will be covered by your health insurance. In addition, not all health plans are contracted with all Heal Doctors. Ultimately, it is your responsibility to determine how your health insurance benefits apply to services provided by Heal Doctors.
- In-Network Coverage. If you are a participant in a health plan that has entered into a contact for reimbursement rates with Heal Doctors (an “In-Network Plan”), and your insurance coverage has been verified by Heal prior to your visit, then Heal Doctors will process all claims for reimbursement in accordance with its contract with the In-Network Plan. This means Heal Doctors will bill and collect from your In-Network Plan that portion of Heal Doctors’ fee for which your In-Network Plan is responsible. Please note that you will still be financially responsible for any applicable copayments, co-insurance or deductibles, or for any services that are not covered by your In-Network Plan. Your credit card will be charged accordingly.
- Out-of-Network Coverage. If you not a participant in an In-Network Plan, are uninsured, or receive medical services that are not covered by your In-Network Plan, then you will be financially responsible for the full payment of Heal Doctors standard rate of the Services. Your credit card will be charged accordingly.
- Payments for Out-of-Network Coverage. Unfortunately, Heal Doctors does not not accept the use of any credit, flex or debit card connected to your health plan, cafeteria plan, flex plan, 125 plan or self-insured group health plan, unless such accounts are contracted with an In-Network Plan. By clicking to accept this agreement you verify that your credit card is not connected to a health plan, cafeteria plan, flex plan, 125 plan or any or any health insurance, PPO, HMO, medigap policy, or any governmental health plan, unless you are a participant in an In-Network Plan.
You must be 18 years of age or older to use the Application. By using the Application and requesting a House Call you represent that you are at least 18 years of age.
- Minors and Patient with Legal Guardians. To request a House Call for a minor patient or an adult patient who has a legal guardian, you must be the legal guardian, or an individual with uncontested legal authority to arrange for and consent to the treatment of the patient. By using the Application and requesting a House Call for a patient that has a legal guardian, you represent that you have the legal authority to make that request and you guarantee that the legal guardian who can consent to the provision of health services to the patient will be physically present for the duration of the requested House Call. If a legal guardian is unable to be physically present at the house call, the legal guardian must provide Heal with prior, written authorization that identifies by name an individual who has the power and authority to consent to the treatment of the minor patient.
If the required legal guardian is not present upon Heal Doctors arrival at the HouseCall, or an authorization to consent to treatment is not received prior to the visit, then the requested medical care will not be provided and Heal will charge you a cancellation fee of no less than $99. Your credit card will be charged accordingly.
- Vaccine Protocols. For patients who are infants or children, the Heal Doctors requires that you provide the complete vaccine record for the patient. Prior to the visit, please provide the vaccine record via fax to (310) 526-6527. Please note that the Health Care Professionals will only provide care for children whose parents or legal guardians agree to follow the American Academy of Pediatrics’ (AAP) recommended vaccine schedule or catch-up on vaccines according to the Centers of Disease Control and Prevention’s (CDC) recommended schedule. Heal Doctors and the Health Care Professionals will not treat infants and children whose parents or guardians refuse routine childhood vaccinations.
You agree that you will notify us immediately of any change in your eligibility to use the Services. Additionally, you agree to notify us immediately of any known or suspected breach of security or unauthorized use of your registration with Heal.
3. Heal Doctors & Health Care Professionals
Heal Doctors, not Heal, is solely responsible for vetting, hiring or otherwise contracting with qualified Health Care Professionals. Heal Doctors performs thorough background checks on all Providers and Medical Assistants that provide House Calls. All Providers are licensed and in current good standing with the applicable state licensing agency. None of the the Health Care Professionals are employees of Heal. Employees of Heal never provide health care services or advice and do not take part in your diagnosis and/or treatment.
Heal does not recommend or endorse any specific tests, health care or service providers, medications, products or procedures. You acknowledge that your reliance on any Health Care Professionals that you select for a House Call on the Application or information provided by such Health Care Professionals to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law.
You understand and agree that Heal is not liable for any actions or inactions of any contracted providers, including without limitation Heal Doctors or any Health Care Professionals. Heal is not be liable for any professional advice from a Health Care Professional that is provided to you in-person, via telephone or through any other means communication, even if the communication is facilitated by Heal.
Consult with your current licensed health care provider as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or health care related procedure or activity. Do not disregard medical advice issued to you by your regular licensed health care provider.
You will be required to review and accept separate agreements with your treating provider (collectively, the “Provider Agreements”). Provider Agreements may include, but are not limited to, information regarding the medical services, payment requirements, assignment of benefits, indemnification, and information security, including the handling of your Protected Health Information. Any provider that contracts with Heal and licenses the Application, and all of their Health Care Professionals, are entirely independent of Heal. Heal is not responsible for any issues you may have with respect to your health provider’s professionalism, timeliness, medical treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the Heal Doctors or Health Care Professionals.
4. IMPORTANT HEALTH AND MEDICAL NOTICES AND DISCLAIMERS
IF YOU REQUEST TO BE CONNECTED WITH A MEDICAL PRACTICE, AN ELECTRONIC SERVICE REQUEST NOTIFICATION WILL BE SENT TO A MEDICAL PRACTICE. IF A MEDICAL PRACTICE HAS AN AVAILABLE PHYSICIAN, AN IN-PERSON MEETING BETWEEN YOU AND A LICENSED PHYSICIAN, AT A LOCATION OF YOUR CHOOSING MAY OCCUR. WITH RESPECT TO THE REQUESTING, SCHEDULING AND FACILITATION OF HOUSE CALLS, THE APPLICATION IS EXCLUSIVELY FOR ACCOUNT MANAGEMENT AND TO PROVIDE YOU WITH THE ABILITY TO TRANSMIT YOUR REQUEST AND YOUR INFORMATION TO A MEDICAL PRACTICE THAT PROVIDES SERVICE IN YOUR AREA. NO MEDICAL CARE OR ADVICE SHALL BE PROVIDED DIRECTLY TO YOU FROM HEAL.
BY USING THE APPLICATION OR OUR SERVICES YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT HEAL IS NOT A MEDICAL PROVIDER, ORGANIZATION OR HOSPITAL. YOU FURTHER UNDERSTAND AND AGREE THAT HEAL IS NOT STAFFED BY MEDICALLY TRAINED PERSONNEL, AND IS NOT RESPONSIBLE FOR VETTING, RECOMMENDING OR REFERRING ANY PARTICULAR HEALTH CARE PROVIDER, HEALTH CARE PROFESSIONAL, OR HEALTH SERVICES.
PLEASE NOTE THAT HEAL’S EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ IN OR THROUGH THE USE OF THIS APPLICATION OR OUR SERVICES SHOULD BE CONSTRUED AS MEDICAL ADVICE. ALTHOUGH ALL HEAL DOCTORS AND THEIR INDEPENDENT CONTRACTORS AND EMPLOYEES MAKE AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, HEAL EXPRESSLY DISCLAIMS ANY IMPLIED GUARANTEE OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THE APPLICATION, OR THE SERVICES OF HEALTH CARE PROFESSIONALS SENT TO YOU OR ANY MEMBER OF YOUR FAMILY THROUGH THE APPLICATION.
5. Geo-Location Functionality
6. Additional Services and Terms
Some of the Services we offer may be subject to additional terms and conditions. Your use of such Services is subject to those additional terms and conditions, which will be provided to you before the affected Services are provided. Any such additional terms and conditions are incorporated into this Agreement by reference.
7. Charges; Credit Card Billing; Additional Purchases
There is currently no charge to download the Application or to register for an account. However, in the future there may be charges for certain Services. Currently, all non-third party billing (if applicable) will be handled by Apple® or Google® (depending upon which service you use and which version of the application you download). In the future we may ask for payment information from you directly and you will have the option to continue with Services or decline them at that time.
Through the Services, you may also be able to purchase certain goods or additional features or other services designed to enhance the performance of the Application (“In App Purchase”). When you make an In App Purchase, you are doing so through Apple iTunes service and you are agreeing to Apple’s iTunes’ Terms and Conditions. Alternatively, depending on your operating system, you may be purchasing through the Google® Play service, and by doing so, you are agreeing to Google Play Terms and Conditions for purchases within an application.
During your use of the Application and our Services, you also may occasionally be offered incentives or merchandise either directly from us or from third-parties that are not In App Purchases. Those purchases, if you agree to them, may require you to provide credit card or other transaction data to us or to third party providers in order to procure such items. We will only collect those details, if ever, for the sole purpose of fulfilling an order for products or services that you request. We may retain your credit card details in an encrypted file, however.
If you choose to cancel your registration, all you have to do is email email@example.com. Heal reserves the right, at its sole discretion, to reject users of its Services and Application, to the extent permitted by law.
9. Account Security
You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process and you are fully responsible for all activities that occur under your username and password. You will immediately notify us of any unauthorized use of your username or password or any other known or suspected breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer or using unencrypted email to discuss private matters with a Heal representative, a Medical Group or any Health Care Professional, so that others are not able to view, record or intercept your password or other personal information. You have been informed of the risks of transmitting your personal information by an unsecured means.
Once it is received, your personal information and that of any minor for whom you are responsible is kept secure by us, in accordance with applicable law.
10. License and Limitations on Use
We grant to you a limited, personal, non-exclusive and non-transferable right and license to use the Application. Unless otherwise specified in writing, the Application is for your personal and non-commercial use. The Application, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans, the source, object and HTML code and all other protectable intellectual property available through the Services and/or comprising the Application (the “Proprietary Materials”) are the property of Heal or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by Heal. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from the Application to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.
By using the Application or the Services, you represent and warrant that any personal and/or health information you provide to Heal, the Medical Groups and/or a Health Care Professional is true and accurate an that your use:
- Will be for lawful purposes only and never for sending or storing unlawful material or use for fraudulent purposes;
- Will not cause nuisance, annoyance, disruption, or inconvenience to any Heal representatives, or Health Care Professionals;
- Will not impair the proper operation of the network;
- Will only be through access points or wireless data account (AP) which you are authorized to use; and
- May incur standard messaging charges by your wireless provider.
11. Notice for Claims of Copyright Violations
If you believe that your work has been copied and posted on our website in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:
- a description of the copyrighted work that you believe has been infringed;
- a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our Application; your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please send the written communication to our Copyright Agent either by email at firstname.lastname@example.org.
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others.
12. User Conduct
We reserve the right to terminate your account if you misuse the Application, our Services or our website, or if you violate this Agreement including, without limitation, the following rules of conduct:
You may not:
- Upload, post, or transmit to any Medical Practice or Health Care Professionals by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including another user of our Services, a Health Care Professional, or an employee of Heal, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
- Upload, post, email, or otherwise transmit through the Application by any means, content, materials, or comments that could be characterized as “medical advice;”
- Attempt to interfere with or disrupt our servers or networks;
- Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
- Stalk or otherwise harass another user of our Services or any of our employees, or any independent Medical Practice or Health Care Professionals;
- Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including usernames or passwords; or access or attempt to access another user’s account without his or her consent or, in the case of a patient with a legal guardian, including minors, , that of the legal guardian or other legally responsible entity.
13. DISCLAIMERS OF WARRANTIES
YOU USE THE APPLICATION, THE SERVICES AND OUR WEBSITE AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT ANY HOUSE CALL THAT YOU SCHEDULE VIA THE APPLICATION IS AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE APPLICATION, AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY US, INCLUDING THE SERVICES, INFORMATION AND ADVICE PROVIDED BY A MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL OR THROUGH OUR APPLICATION OR WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE APPLICATION, OUR WEBSITE, ANY MEDICAL PRACTICE AND HEALTH CARE PROFESSIONALS AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE APPLICATION OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES PROVIDED BY ANY MEDICAL PRACTICE AND HEALTH CARE PROFESSIONALS. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
14. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE APPLICATION, SERVICES OR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE APPLICATION, SERVICES OR WEBSITE OR ANY WEBSITES LINKED TO THE APPLICATION OR WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APPLICATION, SERVICES OR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD-PARTY ON OR THROUGH THE APPLICATION; OR (F) ANY OTHER MATTER RELATING TO THE APPLICATION, SERVICES OR THE WEBSITE. IN NO EVENT SHALL THE COMPANIES’ TOTAL LIABILITY TO YOU OR ANY INDIVIDUAL OR ENTITY FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO THE COMPANIES IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, THE COMPANIES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
15. DISCLAIMERS REGARDING MEDICAL PRACTICE AND HEALTH CARE PROFESSIONALS
HEAL DOES NOT REFER, RECOMMEND, OR ENDORSE ANY MEDICAL PRACTICE OR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL THAT LICENSES THE APPLICATION. ANY STATEMENTS, PROGRAMS, OPINIONS, OR OTHER INFORMATION THAT MAY BE PROVIDED TO YOU BY A MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL ARE SOLELY ATTRIBUTABLE TO THE MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL AND NOT HEAL. RELIANCE ON ANY INFORMATION PROVIDED BY ANY MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE IS SOLELY AT YOUR OWN RISK. HEAL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY ANY MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL AND/OR THE SERVICES PROVIDED BY SAID MEDICAL PRACTICE OR HEALTH CARE PROFESSIONALS OR BY THIRD PARTIES FEATURED ON OR THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. MEDICAL PRACTICES AND HEALTH CARE PROFESSIONALS ARE RESPONSIBLE FOR COMPLYING WITH REGULATORY AND LOCAL REQUIREMENTS FOR MALPRACTICE AND LIABILITY INSURANCE. ALL INTERACTIONS WITH HEALTH CARE PROFESSIONALS ARE BETWEEN YOU AND THE LICENSED HEALTH CARE PROFESSIONAL. BY USING THE APPLICATION, SERVICES, OR WEBSITE, YOU AGREE NOT TO HOLD HEAL LIABLE IN ANY WAY FOR ANY MALPRACTICE OR SUBSTANDARD TREATMENT THE HEALTH CARE PROFESSIONAL MAY RENDER TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE. IN NO EVENT SHALL HEAL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, OR ANYONE ELSE IN CONNECTION WITH YOUR USE OF THE APPLICATION, SERVICES OR OUR WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A MEDICAL PRACTICE OR HEALTH CARE PROFESSIONAL OR COMMUNICATIONS OR MEETINGS BETWEEN OR AMONG YOU, ANY MINOR FOR WHOM YOU ARE RESPONSIBLE, AND ANY PHYSICIANS, MEMBERS OR ANY OTHER PERSONS YOU MEET THROUGH THE APPLICATION, SERVICES OR OUR WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH HEALTH CARE PROFESSIONALS. FURTHER, HEAL DOES NOT RECOMMEND, AND YOU AGREE TO BE WHOLLY RESPONSIBLE, IF YOU OR ANY MINOR OR PATIENT FOR WHOM YOU ARE RESPONSIBLE DECIDES TO MEET OFFLINE OR IN PERSON WITH ANY HEALTH CARE PROFESSIONAL.
You agree to defend, indemnify, and to hold harmless the Companies, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third-parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the Application, Services or our website or your inability to use the Application, Services or our website; (b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement; (c) your intentional or negligent misrepresentation or misuse confidential or protected information. Your agreement to defend, to indemnify, and to hold the Companies (and their officers and directors) harmless applies whether any claim against the Companies is based in allegations of violation(s) of law or contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third-party rights, a claim that the Application, Services and/or our website caused damage to you or to any third party and/or your use and access to the Application, Services and/or our website. This indemnification section shall survive your termination of or cessation of use of the Application, Services and our website.
17. Third-Party Web Sites, Products and Services
18. Governing Law and Choice of Forum
This Agreement contains the final and entire agreement between us regarding your use of the Application, the Services and our website for yourself, a member of your household or for any minor for whom you are responsible, and supersedes all previous and contemporaneous oral or written agreements regarding your use of the foregoing. The provisions of this Agreement shall be severable, and if any provision of this Agreement is held to be invalid or unenforceable, it shall be construed to have the broadest interpretation, which would render it valid and enforceable. No amendments, modifications or waivers to this Agreement shall be valid unless in writing and signed by all Parties. We may discontinue or change the Application, Services and/or our website, or its/their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of this Agreement or in any way related to the Application will be an appropriate federal or state court located in Los Angeles, California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Heal may assign its rights and obligations under this Agreement. This Agreement will inure to the benefit of Heal’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under the Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
20. Promotions and Offers
We may, from time to time, offer certain promotions as part of our services to users, and we encourage you to participate. However, unless explicitly stated otherwise, MediCare or Medicaid/MediCal beneficiaries are not eligible to participate in any promotions or other offers..By accepting any promotional offer, you certify that you are not a MediCare or Medicaid/MediCal beneficiary and agree to be bound by all of the following additional terms.
Price discounts cannot be used together or combined with other discount offers or promotional offers. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. We may request further information from you if you wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.
We are not responsible for any unauthorized promotions and offers offered by third-parties through the Application.