Terms of Use
Effective Date: June 3rd, 2020
Please read these Terms of Use carefully before using the Site.
These Terms of Use govern your use of websites operated by Assist Health Group Inc. ("COMPANY"), including the current website (collectively "Site" or "Sites").
By using this site, you agree to these Terms of Use included herein and as updated from time to time. If you do not agree to these Terms of Use, you may not use the Site.
This Site Does NOT Provide Medical Advice
This Site does not provide medical advice, nor recommend or endorse any of the health care providers even while responding to inquiries submitted through the site. COMPANY does not evaluate whether any response accessible through this site possesses the education, experience, licensing requirements or competency to provide health care required to meet your needs. COMPANY does not recommend or endorse any health care provider accessible through this site in any capacity. While this site matches health care providers who have indicated an ability to assist you with your health care needs, the selection of a health care provider and the evaluation of the provider's ability to fully and competently meet your needs is your decision for which you assume all responsibility. Reliance on any information obtained from the use of this site or from any of the health care providers accessed through this site is solely at your own risk.
The content of this site, including all text, graphics, images, information and other material ("Content") contained on the site, are intended for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician if you have questions about your health. The Content is for general informational purposes only and is not to be taken as medical advice or treatment information. WHILE COMPANY STRIVES EARNESTLY TO UPDATE THE CONTENT, ANY INDIVIDUAL USE AND/OR RELIANCE ON THE CONTENT IS AT YOUR OWN RISK.
Use of the Site and Content
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Site, or any portion of the Site, including, without limitation, Content and marks, except as authorized by these Terms of Use or as otherwise authorized in writing by COMPANY and its applicable licencors. The Site is provided for your personal use only and is protected under both United States and foreign laws. Title to the Content remains with COMPANY or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
Disclaimer of Liability of COMPANY and Its Licencors
The use of the site and its Content is at your own risk. COMPANY does not guarantee the accuracy of the Content. COMPANY disclaims all liability or responsibility for injury or impairment experienced by you if you utilize any of the health care providers accessed through this site.
When using the site, information is transmitted over the Internet, a medium which is beyond the control of COMPANY. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this site.
The site and the Content are provided on an "as is" basis. COMPANY and its licensors, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose.
Specifically, COMPANY makes no representations or warranties about the following:
The accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of a site.
The satisfaction of government regulations requiring disclosure of information on medical services with regard to the Content contained on the site.
In no event will COMPANY be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any health care provider scheduled or accessed through this site, whether based on warranty, contract, tort, or any other legal theory and whether or not COMPANY is advised of the possibility of such damages.
In no event shall COMPANY, its licensors, or any third party(ies) mentioned on the site be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from the use or inability to use the site or the Content, whether based on warranty, contract, tort, or any other legal theory and whether or not COMPANY is advised of the possibility of such damages. COMPANY is not liable for any personal injury, including death, caused by the use or misuse of the site or the Content.
User Registration, Scheduling Requests and Submissions
User Registration, Scheduling Requests and Submissions on Sites are free for Users and any personally identifiable information you submit to the Site is governed by the Site Privacy Policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.
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. You agree that any such submission is non-confidential for all purposes. If you make such submission, you are warranting that the owner of such content has expressly granted a royalty free, perpetual, irrevocable, worldwide nonexclusive right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form or format now known or hereafter developed.
Limitation of Liability
YOU UNDERSTAND THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SITE.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent COMPANY may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of COMPANY's liability shall be the minimum permitted under such applicable law.
Indemnity
You agree to indemnify, defend, and hold harmless COMPANY, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information or content you (or anyone using your account) submit, post, or transmit on or through the Site; (b) your (or anyone using your account's) use of the Site; (c) your (or anyone using your account's) violation of these Terms of Use; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, other intellectual property, or proprietary rights of any person or entity. COMPANY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with COMPANY in asserting any available defenses.
Modification to the Site
COMPANY reserves the right to modify or discontinue the Site with or without notice to you. COMPANY shall not be liable to you or any third party should COMPANY exercise its right to modify or discontinue the Site.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with or in any way relating to your use of the COMPANY site, resides in the Courts of State of Texas, and further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the State of Texas in connection with any dispute including any claim involving COMPANY or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms of Use are governed by the laws of the State of Texas, without respect to its conflicts of law principles. If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Terms of User Changes
COMPANY may, in its sole and absolute discretion, change these Terms of Use from time to time. COMPANY will post a copy of the Terms of Use as changed on the Site. Your continued use of the Site constitutes your agreement to abide by the Terms of Use as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.
We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services and other materials within the Site
COMMUNICATION VIA EMAIL
RISK OF USING E-MAIL
COMPANY offers patients the opportunity to communicate by e-mail. Transmitting patient information by e-mail, however, has a number of risks that patients should consider before using e-mail.These include, but are not limited to, the following risks:
E-mail can be circulated, forwarded, and stored in numerous paper an electronic files.
E-mail can be immediately broadcast worldwide and be received by many intended and unintended recipients.
E-mail senders can easily misaddress an email.
E-mail is easier to falsify than handwritten or signed
Backup copies of e-mail may exist even after the sender or the recipient has deleted his or her copy.
Employers and on-line services have a right to archive and inspect e-mails transmitted through their systems.
E-mail can be intercepted, altered, forwarded, or used
without authorization or detection.
E-mail can be used to introduce viruses into computer
E-mail can be used as evidence in court.
CONDITIONS FOR THE USE OF E-MAIL
Because of the risks outlined above, COMPANY cannot guarantee the security and confidentiality of e-mail communication, and will not be liable for improper disclosure of confidential information. Thus, any user, visitor, client, patient and/or patients representative (collectively known as "patient") must consent to the use of e-mail for patient information. Consent to the use of e-mail includes agreement with the following conditions:
All e-mails to or from the patient concerning diagnosis or treatment can be printed out and made part of the patient’s medical record. Because they are part of the medical record, other individuals authorized to access the medical record, such as staff and billing personnel, will have access to those e-mails.
COMPANY may forward e-mails internally within the organization and externally to your Provider’s staff or agent necessary for diagnosis, treatment, reimbursement, and other handling. COMPANY will not, however, forward emails to independent third parties without the patient’s prior written consent, except as authorized or required by law.
Although COMPANY will endeavor to read and respond promptly to an e-mail from the patient, COMPANY cannot guarantee that any particular e-mail will be read and responded to within any particular period of time. Thus, the patient shall not use e-mail for medical emergencies or other time sensitive matters.
If the patient’s e-mail requires or invites a response from COMPANY, and the patient has not received a response within a reasonable time period, it is the patient’s responsibility to follow up to determine whether the intended recipient received the e-mail and when the recipient will respond.
The patient should not use e-mail for communication regarding sensitive medical information, such as information regarding sexually transmitted diseases, AIDS/HIV, mental health, developmental disability, or substance abuse.
The patient is responsible for informing COMPANY of any types of information the patient does not want to be sent by e-mail.
The patient is responsible for protecting his/her password or other means of access to e-mail. COMPANY is not liable for breaches of confidentiality caused by the patient or any third party.
It is the patient’s responsibility to follow up and/or schedule an appointment if warranted.
INSTRUCTIONS
To communicate by e-mail, the patient shall:
Limit or avoid use of his/her employer’s computer.
Inform COMPANY of changes in his/her email address.
Put the patient’s name in the body of the e-mail.
Include the category of the communication in the e-mail’s subject line, for routing purposes (e.g., billing question).
Review the e-mail to make sure it is clear and that all
relevant information if provided before sending to COMPANY .
All emails sent by COMPANY to patient are considered received and read. COMPANY will not wait for acknowledgement from patient.
Take precautions to preserve the confidentiality of e-mail, such as using screen savers and safeguarding his/her computer password.
Withdraw consent only by e-mail or written communication to Provider.
PATIENT ACKNOWLEDGEMENT AND AGREEMENT
Patient acknowledges that they fully understand and accept this agreement. Patient understands the risks associated with the communication of e-mail between COMPANY and themselves, and consents to the conditions herein. In addition, patient agrees to the instructions outlined herein, as well as any other instructions that COMPANY may impose to communicate with patients by e-mail.
BY ACCESSING AND USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE APPLICABLE TO YOU.
