Terms of Use and Privacy Policy Copyright ApproXie 2015

You are registering on the ApproXie. (ApproXie) healthcare services Platform (Platform). These Terms of Use (TOU) provide important information about your use of the Platform in addition to important information concerning privacy and security. These terms apply to all categories of potential users of the ApproXie Platform including without limitation: Patients, Providers and Sponsors (“you”).
ApproXie. (ApproXie or “we”) owns and operates the application, tools, and content within the Platform. It’s required that you read and agree to these Terms of Use before ApproXie can authorize your access to and use of the Platform. ApproXie is a medical information services company that seeks to improve the quality of health care by connecting individuals with experts and information with the goal of improving or facilitating treatment. ApproXie connects patients with Providers via the most convenient means imaginable to enable patients and Providers to live, profitable, free and healthy lives. ApproXie empowers Sponsors to enable individual ApproXie patients to pay for ApproXie with the Sponsor’s financial assistance.
The ApproXie Platform is a Marketplace; we’re a lot like eBay. ApproXie enables patients to find Providers and for Providers to find patients. ApproXie provides tools to facilitate communication between Providers and their patients. APPROXIE DOES NOT PROVIDE MEDICAL CARE. The practice of medicine is exclusively the domain of the Providers who may utilize ApproXie to communicate with their patients. Providers determine how they appear in the Platform and choose their own rates and hours of operation. Providers are always free to use ApproXie to engage their patients or chose otherwise. ApproXie does not require Providers to abstain from engaging patients by other more traditional means (in-person); if fact we facilitate it. ApproXie may update this Agreement from time-to-time and these TOU may change. In the event of substantive changes to these TOU, ApproXie will issue a mass notification regarding changes to all users by the means provided by you in your account settings. Your continued use of ApproXie will mean that you accept the changes. If you do not agree to all of these Terms of Use, please do not use ApproXie.
IN CASE OF EMERGENCY
PATIENTS MUST SEEK THE ADVICE OF THEIR DOCTORS OR OTHER QUALIFIED HEALTHCARE PROVIDERS WHENEVER THEY HAVE A PERSONAL QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM. PATIENTS MUST NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT, BECAUSE OF SOMETHING READ OR LEARNED ON APPROXIE. CALL 911 (OR LOCAL EMERGENCY SERVICE) OR DOCTOR IMMEDIATELY IF YOU BELIEVE THERE MAY BE A MEDICAL EMERGENCY.
Privacy Statement
Even though it's a separate document, the ApproXie Privacy Statement is officially part of these terms.
Definitions
to clarify what this document means, certain words with capital letters will be defined. Here are the definitions for this agreement:
"Content" means text, graphics, images and any other material entered, processed, contained on or accessed through the Apps, including Content created, modified, validated or submitted by Providers.
"ApproXie" or the "Apps" means www.ApproXie and related web sites and ApproXie’s mobile applications.
"Company," "we," "us," or "our" means ApproXie, a Alabama entity, and any other companies that are subsidiaries and affiliates of ApproXie and professional corporations to which ApproXie provides administrative services, including, without limitation, ApproXie ., MYNYNZ PLC and ApproXie Florida, a Florida business entity.
"Services" means services provided through the Apps.
“Sponsor” means an individual person or business entity that chooses to dispense funds to ApproXie on behalf of particular individuals or employees of the Sponsor’s choosing. Sponsors can play a helpful role in assisting others to gain access to healthcare services. Sponsor’s do not, however, have a right to or access to medic al information that me be created as a consequence of their financial involvement.
"Provider" means an individual accepted to participate in the ApproXie Provider Community and who participates on the Apps or interacts with others on or through the Apps, or other specialists or professionals who participate on ApproXie in their capacity as experts. The term “provider” in the context of this TOU includes without limitation: MDs, DOs, NPs and PAs. “Member” means a patient, Provider or Sponsor to have signed up for an account on the ApproXie Platform.
“Provider Directory” is an online database of healthcare services Providers maintained by ApproXie Health. These Providers are not employees of ApproXie.
“Text+” is a mode of Provider / Patient interaction available on the Platform that is asynchronous in nature and does not include the use of live video.
“Live Video” is a mode of Provider / Patient interaction available on the Platform that is synchronous in nature and does involve the use of live, bi-directional video.
“Live In-Person” refers to traditional in-person Provider / Patient interactions that occur within bricks-and-mortar settings. While the Platform can help to schedule in-person clinical visits, ApproXie has no involvement in them in any way and the ApproXie provided medical malpractice insurance coverage is not in-effect.
“Refill” refers to prescription medications. ApproXie allows Providers to assist their patients in prescription refills and charges a fee for doing so.
“Patient” is a Member seeking healthcare services through ApproXie...
“Member” is a Patient, Provider of Sponsor using the ApproXie platform.
“Primary Care Physician” is a Patient’s traditional care Provider that Patients are expected to inform of all healthcare consultations conducted via ApproXie Health.
“Default Provider” Is NOT is a Patient’s Primary Care Physician. Default Provider is ApproXie’s self-selected term to denote the Provider from ApproXie’s Provider Directory that a Patient has chosen to engage with on a repetitive basis.
Member: Patient
ApproXie be used for limited medical care as appropriate. On ApproXie, as available and appropriate for virtual consults, diagnosis and prescriptions are available. ApproXie is not, and is not a substitute for: health insurance, a Primary Care Physician, or in-person health care interactions. You agree not to use ApproXie as a substitute for health insurance or a Primary Care Physician or in-person doctor visits. You understand and agree that prescriptions on ApproXie are limited in type and duration, and you agree not to use ApproXie to request prescriptions for any medications or for any duration not permitted via ApproXie. These Terms of Use are an Agreement.
Generally, this agreement governs your use of the Apps. Other terms may apply to your use of a specific features or parts of our Apps. If there is a conflict between these TOU and terms posted for a specific feature or part, the latter terms apply to your use of that feature or part. These Terms of Use require the use of arbitration to resolve disputes and also limit the remedies available to you in the event of a dispute. ApproXie is designed to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive within a formal Provider-Patient relationship. Always use common sense when making health decisions. ApproXie cannot make decisions for you. We can help you find good health information and, where available and appropriate, connect with Providers for care via ApproXie or for in-person care.
ApproXie Does Not Practice Medicine
on ApproXie you can ask and find informational questions and related educational answers by Providers. ApproXie does not practice of medicine, but Providers on ApproXie can be a resource for reliable, relevant general health information. We hope these services will be of value to you. Please use them responsibly. The use of ApproXie does not create a Provider-Patient relationship. ApproXie contains Content, and may help patients identify services and Providers who may provide them. Everything on ApproXie, including Content accessed is not a substitute for medical advice, diagnosis, treatment, or care from your physician. ApproXie supports Provider-Patient Relationships. ApproXie may be used where an ongoing Provider-Patient relationship exists, and a temporary Provider-Patient relationship is facilitated by the use of ApproXie.
ApproXie Is Not A Doctor
Whenever we use the words "your physician" or "your doctor" or "provider" or “Default Provider” or similar words on ApproXie, included in these Terms of Use, we mean a personal Provider with whom a patient has of an actual, mutually acknowledged, Provider-patient relationship (or the same kind of formal, real-world relationship between patients and personal professional healthcare providers) within the United States, or an interaction for care as covered by the terms of that service on ApproXie. When a patient participates in a Virtual Consult via ApproXie, a Provider-Patient relationship can occur but patients and Providers accept and agree that Providers on ApproXie are not patients Primary Care Physicians and agree not to use ApproXie as a substitute for interactions with traditional Primary Care Physicians. Where available, patients and Providers may use ApproXie for Virtual Consults with existing Provider(s).
ApproXie Is Not for Use in Emergencies
In the event of a medical emergency, dial 911. ApproXie is not a substitute for the Emergency Room. Never use ApproXie in a potential or actual medical emergency. Patients must consult their Primary Care Physician if they have any questions about a symptom or a medical condition, and before starting or stopping any treatment directed by a physician or your healthcare provider, or before taking any drug or changing diet.
Member: Provider
Providers on the Apps include (without limitation) respected MDs, DOs, PAs ad NPs throughout the United States. Only U.S.-licensed Providers may apply to be and participate as Providers on ApproXie. Providers whose licenses are or will become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting Content to ApproXie as a Provider on ApproXie or participating on ApproXie. Provider participation on ApproXie Platform is free but does involve important concessions. Providers accepting these TOU agree to perform two (2) uncompensated clinical encounters annually. ApproXie may use these two uncompensated clinical encounters for promotional purposes or in any other way that may benefit the ApproXie platform. Providers accepting these TOU agree to provide ten (10) over the counter (OTC) product recommendations regarding products to be promoted via the Platform. You agree to recommend OTC products in good faith, in the best interest of your and other patients, free from outside influences or considerations. Providers accepting these TOU agree to recommend ten (10) mobile apps annually as requested by ApproXie. You agree to recommend mobile apps in good faith, in the best interest of your and other patients, free from outside influences or considerations. OTC product and app recommendations will include brief explanations (1 to 3 sentences) for each, describing your reasons for your recommendations. ApproXie does not directly recommend apps or OTC products. Providers accepting these TOU agree to allow ApproXie to use your still images and likenesses to promote you on or for the Platform. ApproXie retains the right to make only non-substantive alterations to still images or likenesses including without limitation, backgrounds and color correction. For instance, if your personal still image were to include a grey background, ApproXie might choose to change the background to white or any other color as may be desired to improve or normalize the still image’s appearance within the ApproXie Provider Directory. Paying Providers
Providers are paid by Patients, not by ApproXie, ApproXie manages the transactions. Payments from your patients are collected by ApproXie, aggregated and dispersed to Providers on the Monday of each week. Providers accept by the terms of this agreement that ApproXie adds a Platform fee onto each transaction. For live video consults ApproXie adds $10.00, Text+ $7, in-person $10, prescription refills $2. ApproXie pays Providers by ACH electronic funds transfer. To be paid Providers must maintain in your account settings, your current and accurate US FDIC insured bank account information. Providers are not employees of ApproXie and are fully responsible for any and all US tax liability that will occur as a consequence of earnings gained through the ApproXie Platform.
Independence of ApproXie Providers
Providers and professionals or specialists utilizing or featured on ApproXie are not employees. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone and they do not reflect the opinions of ApproXie. ApproXie does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on ApproXie or by a licensee of ApproXie. (Physicians and other Providers on ApproXie are independent contractors). The inclusion of professionals and specialists on ApproXie or in any professional directory on ApproXie does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. SUCH INFORMATION IS PROVIDED ON AN "AS-IS" BASIS AND APPROXIE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. APPROXIE SHALL IN NO EVENT BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON APPROXIE. The use of ApproXie by any entity or individual to verify the credentials of professionals or specialists is prohibited. All opinions and statements expressed by ApproXie Providers on or through ApproXie are solely the individual and independent opinions and statements of such individuals and do not reflect the opinions of ApproXie, its affiliates or any other organizations or institutions to which such ApproXie Provider or such specialist or professional is affiliated or provides services.
Member: Sponsor
Sponsors are individual persons or business entities that choose to use the ApproXie Platform to direct funds to a particular member or members of the Sponsor’s choosing. Sponsors do not gain any additional right to access the accounts of members and do not control the participation of Providers in any way. Sponsors are not free to publicize their sponsorship of individuals. Funds spent in advance with ApproXie are not retractable unless the funds remain unconsumed at the end of the calendar year in which the funds were committed. If funds are returned to the Sponsor, any and all normal bank and transfer fees will be deducted by ApproXie before returning the balance. ApproXie is not a bank. ApproXie does not provide interest on funds spent on ApproXie in advance of their consumption. Sponsors must maintain current and accurate bank account information for funds to be returned electronically. Funds spent by Sponsors less than four months prior to the end of a calendar year will not be potentially redeemable until the end of the year following.
Children's Privacy
we are committed to protecting the privacy of children. ApproXie is not intended or designed for children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. Registered adult users of ApproXie may use ApproXie for the benefit of children.
Accurate and complete registration information is required to use ApproXie.
Patients and Providers are responsible for their own accounts and must keep passwords and real names private. If a patient, sponsor or Provider accidentally shares or loses or has stolen login information pertaining to personal ApproXie accounts, ApproXie is not liable. Please immediately notify ApproXie of any unauthorized use of your password or account.
Allowing any other person or entity to use your identity for posting on or using ApproXie is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post that is publicly visible on ApproXie (such as in questions or other public submissions).
Your use must be legal and you must be an adult to use ApproXie.
Your use of ApproXie and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. Currently, you must be at least 16 years old to use ApproXie.
ApproXie will send notices and information. When registering, patients, Providers and sponsors agree that ApproXie may communicate with you, including by sending information, correspondence, and notices. These communications may be sent via email, SMS (text message), push notification, or otherwise using contact information associated with your account, including information provided when you register or update information in your Account Settings. ApproXie has a No-Spam policy, and users may opt out of communications and control communications preferences through Account Settings.
ApproXie does not sell or distribute the email addresses of our users. For more about how we share your personal information with you, see the terms related to our Content and Services (below) and our Privacy Statement.
Content and Services
ApproXie is a Free Service That Offers Paid Services
ApproXie is for personal use.
ApproXie is a service for individuals to use to support their personal health decisions. Patients may use ApproXie for personal, but not for commercial, purposes in accordance with all applicable federal, state and local laws. Organizations, companies, and businesses may not become registered members or use our Apps as entities or through individual members. Licensed U.S. Providers and other qualified Providers may apply to participate on ApproXie for educational purposes as Providers, or to provide virtual consults via ApproXie. The Content is licensed only for the personal, household, and educational use of a single individual. No commercial use or commercial redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another website must display the Content full-screen and not within a "frame" on the linked or other site, unless expressly pre-approved and permitted by ApproXie in writing. By using ApproXie, you agree not to harvest, scrape or otherwise collect any information about our members or Providers for any reason, including but not limited to for sending unsolicited communications, including spam.
ApproXie must be used responsibly.
You agree to use the Apps and any ApproXie facilitated service responsibly, and in a manner that is not: unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive.
The Content and Services may not be used for any illegal purpose. Users may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. Users may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected with ApproXie, the Content, or Services. Users may not use any automated means (such as a scraper) to access ApproXie, the Content, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person's login credentials to access ApproXie. Any attempt by any individual or entity to solicit login information of any other user or ApproXie Provider or to access any such account is an express and direct violation of these Terms of Use and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
ApproXie does not make recommendations or endorsements. We do not recommend or endorse any specific Content, Services, tests, Providers, products, procedures, opinions, or other information that may be mentioned on ApproXie is to be used with common sense, and in connection with the advice of your Primary Care Physician or other healthcare provider. Reliance on ApproXie Content or Services is solely at your own risk. Some Content and Services, including posts by Providers, may be or have been provided by third parties directly and are not reviewed or certified by ApproXie. We cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content regarding dietary supplements or other treatments or regimens has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease. ApproXie does not guarantee the accuracy of Third Party Content including content contained within mobile apps that may be purchased through the ApproXie app store. ApproXie has no editorial control over or responsibility for Content provided by third parties and any opinions, statements, products, services or other information expressed or made available by third parties (including Providers) or users on ApproXie are those of such third parties or users. We make no representations about the accuracy or reliability of any opinion, statement or other information provided by any third party, and do not represent or warrant that your use of the Content displayed or referenced on ApproXie will not infringe rights of third parties not owned by or affiliated with ApproXie.
ApproXie is not responsible for anything outside of ApproXie.
Content and Services, links to other apps, web sites or information, software, data, or other content, online or offline ("External Content and Services"), such External Content and Services and related information are outside of our control. ApproXie does not control, endorse, verify the truth or accuracy of, or review content outside of ApproXie and we are not responsible for such content. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies or individuals responsible for such External Content and Services and cannot be attributed to ApproXie. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, related or pertaining to External Content and Services.
Users are responsible for their use of our Mobile Features.
The Platforms available via the PC and mobile Apps (together the “ApproXie Platform”) offer features and services available to you via your mobile phone or other mobile device. These features and services may include the ability to upload content to the ApproXie Platforms, receive messages from the ApproXie Platforms, download applications to mobile phones or access ApproXie Platforms features (collectively, the "Mobile Features"). Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain Mobile Features, and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. When you use action-oriented features on ApproXie (including subscribing to a checklist or participating in a Virtual Consult), you agree that ApproXie may automatically send communications via e-mail, mobile telephone or other contact information provided by you in your account settings, reminders relating to health checklists or Provider recommended actions for you. As a result, the content in those reminders may contain protected health information under HIPAA, including content related to conditions, treatments, and medications. You understand and agree that by using these features, you are opting into receiving your own protected health information by email, SMS or mobile telephone notification, which is not secure. You also understand and agree that by receiving such protected health information by e-mail, SMS or mobile telephone notification, you will be charged by your wireless or internet provider and that such e-mails, SMS or mobile telephone notification may be generated by an automated dialing system. You control the utility, and the privacy, of the reminders you receive. In your account settings, you can control what information is sent to you, and where it’s sent, and you can unsubscribe or opt-out from receiving reminders via email, SMS or mobile telephone notification, or any of them. If you prefer not to receive personal information by email or mobile notification, you agree to update your account notification settings. Mandatory Removal of Content and Services
If you violate any of these Terms of Use, your permission to use the Content and Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. (For more information, see "Termination.")
Use of Your Information
We respect the privacy of your personal information.
We only use data you share with ApproXie as set forth in the ApproXie Privacy Statement, your account Settings, and applicable law. If you create, transmit, or display health and wellness or other information while using ApproXie, you agree to do so with information that you own or have the right to use.
We cannot control external communications (including email, SMS, and notifications).
Email, and short message service (SMS), text message communications and mobile push notifications from the Apps are not encrypted. You can opt out of receiving email, SMS/text messages, and mobile push notifications. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization, and by using the Apps, you release ApproXie from any liability arising from or related to any such interception or unauthorized access.
Advertising
there is no paid advertising on ApproXie.
International Users
Consent to Terms and Policies
We make no representation that all products, Content or Services described on or available through the Apps (including ApproXie), are appropriate or available for use in locations outside the United States or all locations within the United States. Registered Users and Visitors access our Content and Services on their own initiative and are responsible for compliance with local laws. We make no claim that Content or Services are appropriate or may be downloaded outside of the United States. Personal information ("Information") that is submitted to ApproXie will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Statement. If you are a non-U.S. member, you acknowledge and agree that ApproXie may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in these Terms and our Privacy Statement. If you do not consent to such transfer, you may not use our Content or Services. The product information provided on ApproXie is intended only for residents of the United States, and may have different product labeling and disclosure requirements in different countries.
Property Rights
ApproXie owns or has rights to the Content and Services.
When you use the Apps, you do so under a license from us. Your license to use ApproXie is personal, revocable, no assignable, and nonexclusive. This means that you may not use the Apps for any commercial purpose, that we can take away your right to use the Apps, that you cannot give this license away to someone else, and that other members can use our Content and Services. All right, title and interest in and to the Apps and the Content, together with all intellectual property rights embodied therein (including without all engagement, rating, and ranking systems and methodologies on the Apps) are the property of ApproXie or our affiliates, excluding your rights under law to any information or Content related to virtual consults on ApproXie or rights retained by other parties in the Content are their respective rights.
You must ask our permission to use our Trademarks.
Have obtained or applied for various Trademarks and service marks. ApproXie, the ApproXie logo, other ApproXie Trademarks and service marks and other ApproXie logos and product and service names are our trademarks (the "ApproXie Marks"). If you would like to use or display any ApproXie Marks, you must ask our permission. Without our prior written permission, or according to the media use guidelines we publish, you agree not to display or use in any manner the ApproXie Marks. All trademarks, brands, and content on ApproXie are the property of their respective owners. You agree not to infringe our Copyrights, Trademarks, Trade Secrets, Patents or other intellectual property rights. You agree not to engage in any activity that would constitute copyright infringement with respect to the Content. You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or any portion thereof without our prior written consent. You may, however, use the Apps as they are designed and intended to be used, including using App features which allow you to re-post Content or portions of Content, including those which permit you to distribute Content through other third party applications and mediums (such as Facebook or Twitter), so long as you do not modify that Content or the functionality of those features in any way. This right to re-post Content does not create for you or grant to you any additional rights in such Content. Additionally, you may not use any metatags or any other "hidden text" utilizing the name "ApproXie" without our prior written permission. You agree not to access, attempt to access, or use our Data without our Permission. You agree not to access, attempt to access, request access not authorized by the Apps or use any App Content or data without our Permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of the Apps or any Content, in whole or in part, in any form or by any means. Contact us if you believe materials on our Apps infringe your copyright. If you believe any materials accessible on or from ApproXie infringe your valid and enforceable copyright, you may request removal of (or access to) those materials (or access thereto) from us by contacting us and providing us with information pursuant to our DMCA Removal Procedure.
Submissions.
You agree to abide by our Submission Guidelines. You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. The personal information you submit to ApproXie is governed by the ApproXie Privacy Statement, the terms of which shall govern in the event of any inconsistency with this Agreement. You agree that member or expert submissions will apply with ApproXie’s Submissions Terms and Policies. If you are a member you agree to the Member Submission Terms and Policies. If you are an expert you agree to the Expert Submission Terms and Policies. You give us rights in what you submit.
With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy) and other information governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and the rules and regulations promulgated thereunder (as amended to date, "HIPAA"), if you make any submissions (by email or otherwise) on, to or through ApproXie, including but not limited to data, questions, comments, suggestions, business information, ideas, concepts or inventions, you make such submission without any restrictions or expectation of compensation or of confidentiality, and you agree that your submissions may be used without restriction for any purpose whatsoever, and you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-ApproXie the complete right to freely use such submissions in any way, commercial or otherwise, and for any purpose whatsoever, including the right to use, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, publicly perform or display (in any media or form now known or hereafter developed), or otherwise communicate to the public, in the form of a royalty-free, perpetual, irrevocable, worldwide nonexclusive license. ApproXie may sublicense its rights. Such submissions will be treated as non-confidential and nonproprietary and will become the property of ApproXie, and ApproXie shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to ApproXie for any purpose whatsoever, including, without limitation, developing and marketing products using such information. ApproXie does not accept unsolicited recruiter or similar submissions and does not pay fees for any such parties without a current contract on file, and you agree that any submissions of candidates by a recruiter or other third party without a valid and signed recruiting agreement in place with ApproXie prior to such submission will not be subject to any recruiter or similar fees. Don't submit anything to us if you don't want to give us rights to it. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them on, though, or to ApproXie, by email or otherwise.
Personally Identifiable Information
Our members have a right to the privacy of their identity.
ApproXie does not disclose personally identifiable information about our members (please see our Privacy Statement for details), however you understand and agree that if you choose to use ApproXie, that personally identifiable information will be visible to the Providers with whom you interact. As a reminder, we prohibit commercial use of our site, and these non-commercial use policies apply even to general (non-identifiable) information about other members.
Termination
all of our members are required to honor this Agreement. Your permission to use the Content and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use ApproXie and the Services and/or Content at any time. This suspension or termination may delete information, files, and other previously available Content.
Indemnification & Exclusions and Limitations
Exclusion of Warranties
THE APPS AND THE CONTENT AND SERVICES ARE PROVIDED "AS IS." NEITHER WE, APPROXIE PROVIDERS, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. APPROXIE AND THE CONTENT AND SERVICES WERE DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING APPROXIE AND THE CONTENT OR SERVICES WHEN USED IN ANY OTHER COUNTRY.
Limitation of Liability of ApproXie
We cannot and do not assume any responsibility or liability for the use or misuse, by you or any third party, of any Content or other information submitted, transmitted, or received via our Apps. Use at your own risk. The Apps and the Content are provided on as "as is" basis. NEITHER WE, APPROXIE PROVIDERS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, and without limiting the foregoing, We, our licensors, and our suppliers, make no representations or warranties about: (I) the accuracy, reliability, completeness or timeliness of the Content provided on or through the use of ApproXie, whether by ApproXie or any other party; or (ii) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with on ApproXie.
Specific limitation of liability regarding expert content on ApproXie.
Content on the Apps created, modified, submitted or validated by Providers or other healthcare experts on ApproXie (collectively, "Expert Content") are subject to the following additional terms and conditions. (When we use the term Content elsewhere in this TOU, this term includes Expert Content.) The authors or third party posting such content ("Posters") are solely responsible for their content. While we hope that you will find the Expert Content informative and educational, neither we nor the Poster make any representations or warranties with respect to any information offered or provided within or through the Expert Content regarding treatment of medical conditions, actions, or application of medication. Under no circumstances, as a result of your use of the Expert Content or this Site, will the Expert Content Poster or such Poster's employer or sponsor be liable to you or to any other person for any damages or harm-including any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Poster (and such Poster's employer and/or sponsor) shall have absolutely no liability in connection with ApproXie for: (a) any loss or injury caused, in whole or in part, by the Poster's actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Expert Content; (b) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information. This means you should not rely on the Expert Content or make medical or other important decisions based on it, and it also means that the Posters are not responsible for what you do or don't do with the Content. For medical advice, treatment, or diagnosis, see your personal Provider or healthcare provider. You agree to indemnify and hold the Poster (and the Poster's employer and/or sponsor) harmless from any claim or demand, including attorneys' fees, made by any third party as a result of (1) any content posted or made available by you through Expert Content, (2) any violation of law that occurs by you through your use of Expert Content or this Site, and/or (3) anything you do using Expert Content, our Apps and/or the information contained therein.
NEITHER US, THE PROVIDERS ON APPROXIE, SPONSORS OR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN ONE HUNDRED DOLLARS ($100). ApproXie, its licensors, its suppliers, or any third parties mentioned on ApproXie are not liable for any personal injury, including death, attributable to or caused by your use or misuse of ApproXie or Content (including member supplied Content or Provider supplied Content). Any claims arising in connection with your use of ApproXie or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder. Remedies
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
Licensed Content
Certain Content may be licensed from third-parties.
The licenses for some of this Content may contain additional terms. When such Content licenses contain additional terms, we will make these terms available to you on those pages, in the Terms of Use or in the Additional Information section of our Apps (which is incorporated herein by reference).
Trademarks
ApproXie is a registered Trademark of ApproXie. Any other trademark, brand, or content on ApproXie that is not the property of ApproXie is the property of its respective owner.
General Terms
This Agreement, and the other agreements referenced in it (like our Privacy Policy), is the entire agreement between you and us relating to ApproXie. This Agreement replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references this agreement. If there is any conflict between this agreement and a mutually signed written agreement between you and we related to ApproXie, the signed written agreement will control.
We reserve the right to modify or discontinue our Content and Services (including but not limited to ApproXie) with or without notice to you, and you agree that we are not liable to you or any third party should we modify or discontinue any services, and that your only recourse is to cease using the Services. Continued use of Services following any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified. Other parties may have rights under this agreement. A "third party beneficiary" is another party (for example, a company) who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. Our licensors may be third party beneficiaries to this Agreement pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to this Agreement, the rights and protections provided to us under this Agreement inure to their benefit. Other than these licensors, there are no other third party beneficiaries to this Agreement. The parties are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture. If we provide you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict. If we choose not to enforce any provision of this Agreement, we retain the right to enforce it in the future. This means that the failure to enforce any provision of this Agreement does not constitute a waiver of that provision. If any provision in this Agreement is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose. This agreement is governed by Florida law. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS FLORIDA. YOU AND WE CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.
ApproXie Arbitration Agreement
By using the Apps, you agree to be bound by our Arbitration Agreement. This agreement applies to all users, whether Patients, and Providers.
ApproXie’s TOU requires the use of arbitration to resolve disputes and also limits the remedies available to you in the event of a dispute. Most concerns can be resolved quickly by contacting our support department at support@ApproXie In the unlikely event that our support team is unable to resolve a legitimate legal complaint you may have (or if ApproXie has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. We request that you work with us to resolve any disputes for 30 days after notifying us of such issues before filing arbitration. ApproXie always wants to address concerns without a formal arbitration or case. Before filing a claim against ApproXie, you agree to make a good faith effort to try to resolve the dispute informally by contacting dispute-notice@ApproXie and responding promptly to any related communications. We'll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or ApproXie may bring a formal proceeding. This Arbitration Agreement ("Arbitration Agreement") is a condition of the Terms of User of ApproXie and the Apps. If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your, our or our licensors' intellectual property rights - shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Any arbitration proceedings shall be conducted by the American Arbitration Association ("AAA") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA's website. The arbitration shall be held in Santa Clara County, Florida or at another mutually agreed location. If the reasonable value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to ApproXie should be addressed to: General Counsel, ApproXie, at the current company address indicated on the on the ApproXie website (www.Care.IT) ("Notice Address"), is different. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought and the legal basis for the requested relief ("Demand"). The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different ApproXie users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act. The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless our Arbitration Agreement expressly provides otherwise. If the amount of any claim in an arbitration is US$2,000 or less, ApproXie will pay all arbitrator fees associated with the arbitration, so long as (I) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration and (ii) your claim is not determined by the arbitrator to be frivolous or without merit under ApproXie’s Terms of Use or otherwise ("Frivolous Claims"). In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ApproXie will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are Frivolous Claims, you agree to reimburse ApproXie for all fees associated with the arbitration paid by ApproXie. ApproXie’s obligations to pay these fees shall be made after a preliminary determination that the claims are not barred or limited by the ApproXie Terms of Use.
YOU AND APPROXIE AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE "PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS." UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER APPROXIE USERS.
Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.
Opt-Out Procedure
Anyone who is an ApproXie user prior to the Effective Date of these terms has the opportunity to opt-out of the Arbitration Agreement (including the Prohibition of Class and Representative Actions). In order to do so, you must send a written notice to ApproXie’s Corporate address that contains the following: (I) the statement "I do not agree to the Arbitration Agreement" and (ii) your username and email address associated with the ApproXie account(s) to which the opt-out shall apply, and your signature; you must also send a copy of this information from your applicable account email addresses to arbitrationoptout@Care.IT. You must send the opt out email(s) and sign the opt-out notice and ensure that it is delivered to us no later than 30 days after the Effective Date posted at the top of these Terms for it to be effective. This procedure is the only way you can opt-out of the Arbitration Agreement. If you opt-out of the Arbitration Agreement, the rest of these Terms shall continue to apply, including the Alternative Dispute Resolution Process. In addition, opting out of the Arbitration Agreement has no effect on any previous or future arbitration agreement that you may have with us.
CLAIMS ARE TIME-BARRED. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
IN CONSIDERATION FOR PERMISSION TO USE APPROXIE YOU AGREE TO ABIDE BY ALL APPLICABLE TERMS OF USE. By using (including by accessing or attempting to access) ApproXie you agree that we have the right (but are not obligated) to: investigate an allegation that a communication or Content does not conform to these Terms and Conditions and determine in our sole discretion to remove or request the removal of the communication or Content; remove Content (including member-submitted questions) that we determine, in our sole discretion, to be abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms and Conditions; terminate a member's access to ApproXie upon any breach of any of these Terms and Conditions; terminate a member's access to ApproXie if the member's registration information and/or email address is no longer valid; and remove any communication in ApproXie; regardless of whether such communication violates these standards. We reserve the right to take any other action we deem necessary to protect the personal safety of our guests, visitors, and the public. Only submit what you have a right to submit. If you make any such submission you agree that you will not send or transmit to ApproXie any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to ApproXie by email or otherwise, you agree such submission is non-confidential for all purposes. You agree to only post or upload Media (like statements, still images or video) that you have taken yourself or that you have all rights to post or transmit and license, and which do not violate copyright, trademark, privacy or any other rights of any other person. By uploading any media on ApproXie, you are representing and warranting to us that you have permission from all persons appearing in your media for you to use the media in this way, and to grant the rights described in these Terms of Use. Never post a picture with someone else unless you have their explicit permission. Be a responsible and sensitive community member. It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit, medically inappropriate, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions our Privacy Statement or any other ApproXie policy. You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site. You grant us a right when you upload or submit media or content us need to have the right to display the content and media you upload to us. By uploading any media, like a photo, (a) you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes ApproXie to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify ApproXie and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these terms. You understand that we may review and reject any submission. We reserve the right to review all media or any other submission prior to or after submission to the site and to remove any media or any submission for any reason, at any time, without prior notice, at our sole discretion.
Additional Terms: ApproXie
the following terms apply to your use of ApproXie live virtual consults performed by video or audio or asynchronous inbox consults (collectively, "Virtual Consults"). By using ApproXie you represent that you understand and agree to all of the following:
You are entering into an agreement with ApproXie. Patients enter into a physician - patient relationship with the physician associated with ApproXie. Patients must have a traditional primary care physician outside of the ApproXie platform. Patients understand and agree that the physicians associated with ApproXie are only providing minor non-emergency healthcare services with respect to Virtual Consults. Patients understand that they should never delay seeking advice from your primary care physician or other health professionals due to information provided by a Provider through ApproXie. Patients agree to seek emergency help when needed, and continue to consult with your primary care physician as recommended by Providers on ApproXie by your primary care physician. Patients understand that if your medical condition warrants emergency help, the physicians associated with ApproXie will direct you to the nearest local hospital emergency department or emergency room. Patients understand that the services offered by ApproXie and ApproXie, Inc. are not health insurance, are not a substitute for health insurance, and you agree not to use such services as health insurance. ApproXie is designed for use independent of health insurance as an out- of-pocket cost service and that associated fees may not qualify for insurance or HSA or similar reimbursement. ApproXie, Inc. is the provider of certain administrative services to ApproXie and does not provide professional medical services. Patients agree that physicians associated with ApproXie in performing a Virtual Consult, may not prescribe for you, the following drugs: Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III, and IV). Prescriptions for medications that are restricted by states.
Prescriptions for medications for psychiatric illnesses.
ApproXie are not Providers or any other form of healthcare Provider and ApproXie does not practice medicine and does not participate in or interfere with the practice of medicine by Providers using ApproXie, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Patients agree to the entry of your medical records into the ApproXie computer database and understand that all reasonable measures have been taken to safeguard your medical information, in accordance with federal HIPAA standards, as amended to date, but no computer or phone system is totally secure. ApproXie recognizes your privacy and, in accordance with our Privacy Policy Statement, will not release information to anyone without your written authorization or as required by law. You understand and agree Virtual Consults involve the communication of your medical information, in text, orally and visually, to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction. Patients also understand that ApproXie, Inc. a "covered entity" as defined under the Health Insurance Portability and Accountability Act and associated regulations. However, you understand that your ApproXie and the physician associated with ApproXie are "covered entities" that are subject to the provisions of HIPAA pursuant to 45 CFR 103. Therefore, you understand and agree that your personally identifiable health information ("Health Information") provided to ApproXie and the physician associated with ApproXie is subject to or protected by HIPAA. We will maintain the privacy of your Health Information as required by HIPAA.
You also understand and agree that by using ApproXie and ApproXie that we may automatically send your own personal health information and related reminders to you and you opt into receiving this information by email, mobile notification, or using other contact information provided by you in your account settings. You may opt out of receiving any such communication via email or mobile notification at any time through your account settings. If you prefer not to receive or do not consent to the receipt of personal health information by email or mobile notification, you agree to update your account notification settings before using ApproXie or any features utilizing reminders. You understand and agree that we are not responsible for the data bandwidth, signal strength, or internet or data connectivity of your mobile device or computer. You agree to refrain from abusive language or engaging in inappropriate behavior when with physicians during a consult and agree that a physician may terminate a consult at any time should inappropriate behavior or language be used or if in the physician’s sole judgment the consult is no longer appropriate or productive.
You agree to refrain from contacting or seeking to contact the physician for telemedicine care outside of the Platform. This protects both patients and physicians and to ensure clinical care is delivered in a reliable, continuous and controlled Platform. ApproXie is not responsible for any interactions with physicians not conducted using the ApproXie Platform. You represent and warrant to us that, to the extent you enter “protected health information” (as such term is defined under HIPAA) for a third person, you are legally authorized to do so on behalf of such third person, and such third person has validly consented to your inputting of, and your review of, “protected health information” of such third person on ApproXie and via the ApproXie website and mobile apps.
Patient Rights
Consequently, you understand that you have all the following rights with respect to Virtual Consults:
Patients using ApproXie have the right to withhold or withdraw consent to Virtual Consults at any time without affecting the right to future care or treatment. Patients have the right to inspect all medical information transmitted during a Virtual Consult, including, without limitation, the name of the licensed physician associated with ApproXie treating me, and may receive copies of this information for a reasonable fee.
Confidentiality
I understand that the laws that protect the confidentiality of medical information apply to Virtual Consults, and that no information or images from such interaction which identify me will be disclosed to other entities without my consent.
Risks. I understand that there are risks from Virtual Consults, including the following: 1) Loss of records from failure of electronic equipment, 2) power or other technical failures with loss of communication, and 3) invasion of electronic records by outsiders (hackers). Finally, I understand that it is impossible to list every possible risk, that my condition may not be cured or improved, and in rare cases, may get worse.
Benefits
I understand that I can expect the following benefits from Virtual Consults, but that no results can be guaranteed or assured: (I) reduced visit time, (ii) rapid innovation of treatments, and (iii) focused information.
Follow-up. In the event that the diagnosis and treatment by the physician associated with ApproXie does not resolve the medical issue for which you sought a Virtual Consult, you agree to consult with your primary care physician in person for follow-up treatment; and/or seek treatment, if necessary at a local hospital emergency department. Consequences
I understand that, by having my consent to live virtual consults performed by video or telephone or asynchronous inbox consults, my physician associated with ApproXie may communicate medical information concerning me to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction. Quality Assurance.
I understand that records related to these consults may be reviewed under an ApproXie quality assurance program. Records of ApproXie Quality Assurance Committee records subject to confidentiality.
Patient, Provider and Sponsor Obligations
You agree to ApproXie’s Privacy Statement, the terms of which are incorporated herein by reference. You agree that that all information you provide on ApproXie relates to you and is current, complete, and accurate. Additionally, you agree to update and maintain such information on ApproXie to ensure that it is true, accurate, current and complete at all times.
Payment
Sponsors, Patients and Providers agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Patients and Sponsors authorize ApproXie to immediately invoice your credit card or other payment account provided for all fees and charges due and payable and agree that no additional notice or consent is required. ApproXie’s fees are net of any applicable sales tax and if any services or payments for any goods or services are subject to sales tax in any jurisdiction. You will be responsible for payment of such sales tax and any related penalties or interest and will indemnify ApproXie for any liability or expense incurred in connection with such sales taxes (including any use tax and any other tax measured by sales proceeds that ApproXie is permitted to pass to you) and ApproXie may automatically charge and withhold such taxes for services to be delivered within any jurisdictions that it deems is required. Unless otherwise agreed to by ApproXie in writing, all fees paid are non-refundable Emergency Help. You will agree to seek emergency help when needed or as recommended by Providers on ApproXie and you agree continue to consult with your primary care Provider as recommended by your primary care Provider or the Providers on ApproXie.
Additional Terms
The following terms apply to your use of ApproXie and live virtual consults performed by video or audio or asynchronous inbox consults (collectively, "Virtual Consults"). By using ApproXie you represent that you understand and agree to all of the following:
Understandings, Agreements and Representations You have an existing physician-patient relationship with any Provider with whom you have Virtual Consults using ApproXie. You represent and warrant to ApproXie that you have a primary care physician. You understand and agree that only minor non-emergency medical services are provided with respect to Virtual Consults. You agree to seek emergency help when needed, and continue to consult with other physicians as recommended by Providers on ApproXie and by your primary care physician. Patients understand that if your medical condition warrants emergency help, you will be directed to the nearest local hospital emergency department or emergency room. Patients understand that the services offered by ApproXie are not health insurance, are not a substitute for health insurance, and you agree not to use such services as health insurance. ApproXie is designed for use independent of health insurance as an out-of-pocket cost service and that associated fees may not qualify for insurance or HSA or similar reimbursement. ApproXie, Inc. is the provider of certain administrative and technical services to Providers using the services and does not provide professional medical services. ApproXie agrees to refund you the cost of your virtual consult performed by video or audio in the event that a documented technical failure, which is the responsibility of ApproXie (and not your own technical or connectivity limitations) prevented the completion of the consult. (Satisfaction Guarantee does not apply to asynchronous inbox consults.) This guarantee is subject to your submission to ApproXie of documentation supporting your request for a refund. All determinations of refund eligibility are made solely by ApproXie and are final once ApproXie reaches its decision. You agree that prescriptions in Virtual Consults may be limited and may not include:
Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III, IV)
Prescriptions for medications that are restricted by states
Prescriptions for medications for psychiatric illnesses
Prescriptions for lifestyle medications such as erectile dysfunction or diet drugs.
ApproXie are technology Platforms, not Providers, and do not practice medicine and do not participate in or interfere with the practice of medicine by Providers on ApproXie or ApproXie, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. You agree to the entry of your medical records into the ApproXie computer database and understand that all reasonable measures have been taken to safeguard your medical information, in accordance with federal HIPAA standards, as amended to date, but no computer or information or communications system is totally secure. In accordance with ApproXie’s Privacy Policy Statement, we will not release information to anyone without your written authorization or as required by law. You understand and agree Virtual Consults involve the communication of your medical information to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction. You also understand that ApproXie, Inc. is a "covered entity" as defined under the Health Insurance Portability and Accountability Act and associated regulations and ApproXie will maintain the privacy of your Health Information as required by HIPAA. You also understand and agree that by using ApproXie and ApproXie that we may automatically send your own personal health information and related reminders to you and you opt into receiving this information by email, mobile notification, or using other contact information provided by you in your account settings. You may opt out of receiving any such communication via email or mobile notification at any time through your account settings. If you prefer not to receive or do not consent to the receipt of personal health information by email or mobile notification, you agree to update your account notification settings before using ApproXie or any features utilizing reminders. You understand and agree that we are not responsible for the data bandwidth, signal strength, or Internet or data connectivity of your mobile device or computer. You agree to refrain from abusive language or engaging in inappropriate behavior when with physicians during a consult and agree that a physician may terminate a consult at any time should inappropriate behavior or language be used or if in the physician’s sole judgment the consult is no longer appropriate or productive. You agree to refrain from contacting or seeking to contact the physician for telemedicine care outside of the Platform. This protects both patients and physicians and to ensure clinical care is delivered in a reliable, continuous and controlled Platform. ApproXie is not responsible for any interactions with physicians not conducted on the ApproXie Platform. You represent and warrant to us that, to the extent you enter “protected health information” (as such term is defined under HIPAA) for a third person, you are legally authorized to do so on behalf of such third person, and such third person has validly consented to your inputting of, and your review of, “protected health information” of such third person on ApproXie and via the ApproXie website and mobile apps. Consequently, you understand that you have all the following rights with respect to Virtual Consults:
Free Choice. I have the right to withhold or withdraw my consent to Virtual Consults at any time without affecting my right to future care or treatment.
Access to Information
I have the right to inspect all medical information transmitted during a Virtual Consult and may receive copies of this information for a reasonable fee.
Confidentiality
I understand that the laws that protect the confidentiality of medical information apply to Virtual Consults, and that no information or images from such interaction which identify me will be disclosed to other entities without my consent.
Risks. I understand that there are risks from Virtual Consults, including the following: 1) Loss of records from failure of electronic equipment, 2) power or other technical failures with loss of communication, and 3) invasion of electronic records by outsiders (hackers). Finally, I understand that it is impossible to list every possible risk, that my condition may not be cured or improved, and in rare cases, may get worse.
Benefits
I understand that I can expect the following benefits from Virtual Consults, but that no results can be guaranteed or assured: (I) reduced visit time, (ii) rapid innovation of treatments, and (iii) focused information.
I agree to consult with my primary care physician or specialist in person for follow-up treatment, and/or seek treatment, if necessary at a local hospital emergency department, in the event that the diagnosis or treatment provided via the virtual consult using ApproXie does not resolve the medical issue for which the consultation was sought. I understand that, by consenting to live virtual consults performed by video or audio or asynchronous inbox consults, my physician may communicate medical information concerning me to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction.
Quality Assurance
I understand that records related to these consults may be reviewed under an ApproXie quality assurance program. ApproXie Quality Assurance records are subject to confidentiality.
You’re Obligations
Privacy Statement. You agree to ApproXie’s Privacy Statement, the terms of which are incorporated herein by reference.
True and Accurate Information.
You agree that that all information you provide on ApproXie and ApproXie relates to you and is current, complete, and accurate. Additionally, you agree to update and maintain such information on ApproXie and ApproXie to ensure that it is true, accurate, current and complete at all times.
Payment.
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You authorize ApproXie to immediately invoice your credit card or other payment account provided for all fees and charges due and payable and agree that no additional notice or consent is required. ApproXie’s fees are net of any applicable sales tax and if any services or payments for any goods or services are subject to sales tax in any jurisdiction. You will be responsible for payment of such sales tax and any related penalties or interest and will indemnify ApproXie for any liability or expense incurred in connection with such sales taxes (including any use tax and any other tax measured by sales proceeds that ApproXie is permitted to pass to you) and ApproXie may automatically charge and withhold such taxes for services to be delivered within any jurisdictions that it deems is required. Unless otherwise agreed to by ApproXie in writing, all fees paid are non-refundable. Your credit card information and other financial data needed to process your payment are collected and stored by third party payment processors, and we may collect some limited information. The use of your data by any such third party payment processors is subject to their privacy policies. These third parties generally provide us with some limited information (such as a unique token that enables you to make additional purchases using the information they’ve stored, and your card’s type, expiration date, and last four digits).
Emergency Help
You will agree to seek emergency help when needed or as recommended by Providers on ApproXie and you agree continue to consult with your primary care Provider or specialist as recommended by your primary care Provider or specialist or the Providers on ApproXie .
Additional Terms that Apply to Providers on ApproXie
THESE ADDITIONAL TERMS APPLY TO APPROXIE PROVIDERS ("ADDITIONAL EXPERT TERMS") WHEN USING APPROXIE AS AN APPROXIE PROVIDER. IF YOU ARE AN APPROXIE PROVIDER YOU AGREE TO ABIDE BY ALL APPROXIE TERMS OF USE, AND THAT WHERE AN ADDITIONAL EXPERT TERM CONTRADICTS A MEMBER TERM OF USE, THE ADDITIONAL EXPERT TERM SHALL PREVAIL. THESE ADDITIONAL EXPERT TERMS APPLY TO YOUR USE OF APPROXIE AS AN APPROXIE PROVIDER; IF YOU USE THE APPS AS A MEMBER, YOU AGREE TO ALL MEMBER TERMS OF USE.
Providers: Information
As a ApproXie Provider, you are required to register with and use your real name, professional contact information, and (if you choose to upload a picture) a real image of you in your Public Profile.
Providers: U.S. Doctors, PAs and NPs in Good Standing
Licensed U.S. Doctors, PAs and NPs may apply to be and participate as Providers on ApproXie. Providers whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting Content to ApproXie, as a Provider on ApproXie. ApproXie may expand the network to include other licensed Providers.
Providers: ApproXie and Providers will receive compensation for participating in ApproXie and according to the Additional Terms and Additional Terms and related agreements, which are incorporated herein by reference. When sign up for and deliver care through ApproXie, you agree to abide by all of the terms of the applications you submit to, and the contractual agreements you enter into with, ApproXie related to those services (including any representations and warranties and terms governing indemnification and obligations).
Providers: Medical Malpractice Insurance
ApproXie provides an online “self-service” registration process through which Providers are able to communicate essential information about themselves. This information is required for certification. Once all of the required information is in the possession of ApproXie we will forward as provided to a medical malpractice insurance company arranged in advance by ApproXie. Once a Provider is vetted and certified, ApproXie will communicate Provider medical malpractice insurance status via the electronic method of your choosing as maintained in your account settings. APPROXIE PROVIDED MEDICAL MALPRACTICE ONLY APPLIES TO SERVICES PERFORMED VIA THE APPROXIE ELECTRONIC PLATFORM. ANY HEALTHCARE RELATED SERVICES PROVIDED OUTSIDE OF APPROXIE OR PERFORMED IN A TRADITIONAL IN-PERSON ENVIRONMENT ARE NOT COVERED UNDER THE APPROXIE MAINTAINED MEDICAL MALPRACTICE INSURANCE POLICY.
Providers: Conflicts Disclosure Policy
Disclosure of Relationships with Industry
You agree to comply with this Conflicts Disclosure Policy ("CDP") when using ApproXie or making Expert Submissions. This CDP governs the disclosure of financial interests by ApproXie Providers. Conflicts of interest can be financial and/or personal. As used in this policy, "Industry" means any company, entity, or third party that produces, manufactures, or distributes a pharmaceutical, medical device, implant, or other medical care-related product or service. All Providers with a material financial relationship with Industry must disclose such a relationship in any answer or other similar Content submitted to ApproXie when such Content mentions any product or service in which such an interest exists, with the following or similar language: "The author or poster of this content has a financial interest in a product or service mentioned herein."
Terms are effective December 20th, 2014