Created January 1, 2016
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
HEALTHCARE NOW does not provide any physicians’ or other providers’ services itself. All of the providers are independent of HEALTHCARE NOW and use the Service as a way to communicate with you.
Any information or advice received from a provider comes from them alone, and not from HEALTHCARE NOW. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither HEALTHCARE NOW, nor any of its subsidiaries or affiliates or any third party who may promote the Service or provide a link to the Service, shall be liable for any professional advice obtained from a health care provider via the Service or for any other information obtained on the website. HEALTHCARE NOW does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use HEALTHCARE NOW to communicate with you. You acknowledge that your reliance on any healthcare providers or information provided by the providers via the Service is solely at your own risk and you assume full responsibility for all risk associated herewith.
HEALTHCARE NOW does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service. You will be provided with a list of available providers located in the U. S. based solely on the information you, your employer or your plan sponsor provides to HEALTHCARE NOW. You are ultimately responsible for choosing your particular healthcare provider.
1. Ownership Of The Site And Related Materials.
All pages within this Site and any material made available for download are the property of HEALTHCARE NOW, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
2. Electronic Communications
When you use any HEALTHCARE NOW Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
3. Site Access, Security and Restrictions; Passwords
If you create a subscriber account for the HEALTHCARE NOW Site, you agree to complete the registration process by providing current, complete, and accurate information as required by HEALTHCARE NOW. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by HEALTHCARE NOW. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by HEALTHCARE NOW at any time with or without cause.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. HEALTHCARE NOW will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
4. No Medical Advice or Services
HEALTHCARE NOW PA provides the clinical services for HEALTHCARE NOW, Inc. HEALTHCARE NOW PA is an independent, physician-owned medical group with a national network of United States based providers who provide clinical telehealth services. The HEALTHCARE NOW PA provides clinical services via the HEALTHCARE NOW, Inc. platform to customers of HEALTHCARE NOW, Inc.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY HEALTHCARE NOW OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY HEALTHCARE NOW, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH HEALTHCARE NOW MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. THE SITE AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY HEALTHCARE NOW, ITS CONTENT PROVIDERS, MEDICAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK. WHILE HEALTHCARE NOW FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH PHYSICIANS, HEALTHCARE NOW DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH HEALTHCARE NOW.
5. License And Access
The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by HEALTHCARE NOW. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of HEALTHCARE NOW without our express written consent.
6. Accuracy and Integrity of Information
Although HEALTHCARE NOW attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform HEALTHCARE NOW so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, HEALTHCARE NOW shall have no responsibility or liability for information or Content posted to the Site from any non-HEALTHCARE NOW affiliated third party.
7. Links to Other Sites
HEALTHCARE NOW makes no representations whatsoever about any other website that you may access through this Site. When you access a non-HEALTHCARE NOW site, please understand that it is independent from HEALTHCARE NOW, and that HEALTHCARE NOW has no control over the Content on that website. In addition, a link to a non-HEALTHCARE NOW website does not mean that HEALTHCARE NOW endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
8. User Information
If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to HEALTHCARE NOW and its Providers that you have the legal right and authorization to provide all User Information to HEALTHCARE NOW and its Providers for use as set forth herein and required by HEALTHCARE NOW and the Provider.
9. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
HEALTHCARE NOW respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to HEALTHCARE NOW’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
a. Identify the copyrighted works that you claim have been infringed.
b. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
c. Provide your mailing address, telephone number, and, if available, email address.
d. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
e. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to legal@Healthcare Now.com.
10. Disclaimer of Warranties
HEALTHCARE NOW DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. HEALTHCARE NOW DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. HEALTHCARE NOW DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
11. Limitation of Liability Regarding Use of Site
HEALTHCARE NOW AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF HEALTHCARE NOW TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $1000 (ONE THOUSAND DOLLARS).
12. Dispute Resolution.
HEALTHCARE NOW will try work in good faith to resolve any issue you have with Site, including services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Services or any other HEALTHCARE NOW site will be governed by the laws of the State of Florida, without regard to its conflicts of laws rules. You hereby waive any objections to such jurisdiction or venue. Any claims or controversies arising out of this Agreement, and/or the related use and access of the Site, the Services or any other HEALTHCARE NOW site, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida.
13. Force Majeure
15. Right to Modify Revisions; General
Created January 2, 2019
Your Information. Your Rights. Our Responsibilities.
2. HIPAA. In addition, the healthcare providers from the HEALTHCARE NOW Medical Group that you interact with when using the Services are required by the Health Insurance Portability and Accountability Act (“HIPAA”) to describe their privacy practices in document called a Notice of Privacy Practices. You can access a copy of this notice on the patient portal.
5. The Personal Information we collect or maintain may include:
Your name, age, email address, username, password, and other registration information.
Health Information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information.
Health information about you prepared by the health care provider(s) who provide the Services through the Site such as medical records, treatment and examination notes, and other health related information.
Billing information that you provide us.
Information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Site.
Other information you input into the Site or related services.
6. We may use your Personal Information for the following purposes (subject to applicable legal restrictions):
To provide you with the Services
To improve the services offered – by performing quality reviews and similar activities
To create De-identified Information such as aggregate statistics relating to the use of the Service
To notify you when Site updates are available,
To market and promote our Site and the Services offered to you through the Site
To fulfill any other purpose for which you provide us Personal Information
For any other purpose for which you give us authorization
You can “opt out” of receiving direct marketing or market research information by emailing us at email@example.com.
7. We may also disclose Personal Information that we collect or you provide as permitted or allowed by law, as follows:
To our wholly owned subsidiary, 24 Hour Physicians, and affiliated medical groups.
To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
As required by law, which can include providing information as required by law, regulation, subpoena, court order, legal process or government request.
When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of HEALTHCARE NOW’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred.
8. Information we Collect via technology: As you use the Site or the Service, certain information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services, including:
Site Activity Information. We may keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.
Access Device and Browser Information. When you access the Site from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times.
Real-Time Location. Certain features of the Site use GPS technology to collect real-time information about the location of your device so that the Site can connect you to a health care provider who is licensed or authorized to provide services in the state where you are located.
9. De-Identified Information. We may use De-Identified Information created by us without restriction.
10. Security of Information Collected. We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your Personal Information. Specifically, the Site is protected by SSL 3.0 technology, the leading security protocol for data transfer on the Internet. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Even though there are many benefits to using this Site, as with all electronic communications there are some risks such as (i) failure of hardware, software and/or Internet connections; we are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software or any equipment used to access the internet; and (ii) no guarantee that the confidentiality or security of electronic transmissions via the Internet can be assured due to potentially unsecure computers and links. This could result in your data becoming lost or intercepted during transmission. It is your responsibility to protect the security of your login information and to use good judgment before deciding to send information via the Internet. Please note that e-mails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
11. Modification of Information. You can update some of your personal information through our Site. Requests to modify any information may also be submitted directly to firstname.lastname@example.org.
12. Deletion of Information. You can close your online account by emailing us at email@example.com. If you close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity theft or fraud.
13. Report Violations. You should report any security violations to us by sending an email to firstname.lastname@example.org
14. A Special Note about Children and Minors: HEALTHCARE NOW does not knowingly allow individuals under the age of 18 to create accounts that allow access to our Site or use the Services. If you are below the age of 18 you are not permitted to use this Site or the Services.
15. Other Applicable Law. California Residents have special protections under state law regarding the access and use of personal information. CA Civil Code Sec. 1798.80-1978.84.
HEALTHCARE NOW, Inc.
2121 Springcreek Pkwy, Suite 205
Plano, TX 75024