Terms of Service For Online Appointment Booking Platform
Updated: March 7, 2020
By clicking, you are agreeing to the understanding that this is solely an Online Appoint Booking Page a Service provided by Medical Health 360 (“Service”).
Appointment Booking Platform for Medical Health 360 : These Terms of Service ("Terms") for online appointment platform govern your access and use of the online appointment service made available to you by Medical Health 360 PLLC’s online platform, doing business as "us," "we," and or "our".
We have the authority to change these Terms when we feel appropriate. All modifications will be in effect at the time that they are posted. You agree to these changes when you use the Service. It is your sole responsibility to read these terms prior to each booking.
ARBITRATION NOTICE: These Terms contain a stipulated condition of binding arbitration. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and Medical Health 360 PLLC for these Services will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
You may use this Service exclusively for non-commercial and personal bookings only.
Intellectual Property Rights.
Any unauthorized use is strictly prohibited , this includes use of any trademarks, copyrighted materials, trade dress or and is inclusive of intellectual property owned by Medical Health 360 PLLC or its extended any third party partners. A violation of this right may be prosecuted to the fullest extent of the law.
All digital, written and software content is exclusively the property of Medical Health 360 PLLC extending as applicable to its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws.
Copyright © 2019 Medical Health 360 PLLC Inc. All rights reserved.
Restrictions on Your Use of the Service; Compliance with Laws.
You may print and or download a copy of the Services. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Service.
You will be required to submit certain information in order to set up an appointment including your cell phone number.
You attest that the information you provide to Medical Health 360 PLLC via this platform in reference to your use of the Service is accurate and complete. If you submit the personal information of a person other than yourself in using the Service, you attest that you are that person's legal guardian and or have permission to use the Service with said information.
It is your sole responsibility to maintain the confidentiality of all information you use in relation to this Service. This is inclusive of all person authorized by you to access and use the Service on your behalf. You are responsible for your own online conduct and must maintain compliance with all applicable laws, regulations and policies of all relevant jurisdictions, including all applicable local rules
Text messages from Medical Health 360 PLLC’s online platform.
Medical Health 360 PLLC Service may text you messages regarding appointments that you have booked via the Service. Text and email messages to and from your health care providers may apply. Msg & data rates may apply per your phone carrier; it is your responsibility to check with them.
Health care providers using the Medical Health 360 PLLC online platform service may contact you via text messaging or email to remind you of an appointment and to provide general health/medication/insurance reminders and information.
By agreeing to terms of services you consent to receive messages via text message. By consenting to receive this information via text message or email, you understand there may be some level of risk that the information in the email or text message could be read by a third party. Health care providers have agreed not to send personal detailed health information via text or email, such as the reason for visit. By the same token, patients are advised not to share personal health information via text message.
Medical Health 360 PLLC and health care providers using the Service to send messages are not responsible for unauthorized access of protected health information while in transmission to the individual based on the individual's request. Furthermore, Medical Health 360 PLLC and health care providers are not responsible for safeguarding information once delivered to the patient. By consenting, you agree to receive insecure text messages at your given phone number or any number forwarded or transferred to that number or insecure emails. The consent to receive text messages or emails will apply to all future appointment reminders/feedback/health/medication information unless you request that the health care provider stop sending the messages by replying "STOP".
If you are not the intended recipient to any text messages or emails sent by Medical Health 360 PLLC or the healthcare providers using the Service, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. Also, if you are not the intended recipient to text messages please reply "STOP" to any text messages you receive.
Medical Health 360 PLLC may terminate these Terms without notice if you breach these Terms, act in an abusive manner, or act in a manner inconsistent with local, state, or federal laws or regulations. Upon any termination of these Terms you must promptly cease accessing and using the Service.
The availability of health care provider appointments that you can request through the Service may change at any time without notice to you. Health care provider locations remain valid while they are listed on the Service. Health care provider services may not be available in your area.
Content you submit or create.
You will have the opportunity to submit reviews and feedback regarding your experiences with Healthcare Providers you find through the Services. By posting Posted Information through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, to Medical Health 360 PLLC and its contractors an irrevocable, perpetual, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Information and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Information.
NO WARRANTY. THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND. Medical Health 360 PLLC online platform for booking appointments DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
Medical Health 360 PLLC online platform for booking appointments Service, is solely a platform to book appointments. IS NOT A HEALTH CARE PROVIDER AND IS NOT A COVERED ENTITY UNDER THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND ANY REGULATIONS PROMULGATED THEREUNDER ("HIPAA"). TO THE EXTENT the Service RELATES, RECEIVES, MAINTAINS, OR TRANSMITS PROTECTED HEALTH INFORMATION, AS THAT TERM IS DEFINED UNDER HIPAA.
Medical Health 360 PLLC Service WILL ONLY ACCESS, USE, OR DISCLOSE PROTECTED HEALTH INFORMATION AS PERMITTED BY APPLICABLE FEDERAL AND STATE LAWS, INCLUDING HIPAA, AND PURSUANT TO ANY CONTRACTUAL OBLIGATIONS the Service HAS WITH HEALTH CARE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW,. Medical Health 360 PLLC Service HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION on this platform.
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SERVICE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM Medical Health 360 PLLC Service OR IN ANY MANNER FROM THE SERVICE CREATES ANY WARRANTY. To use Services you must be a New York State Resident.
LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL Medical Health 360 PLLC, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SERVICE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF Medical Health 360 HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL Medical Health 360 PLLC'S LIABILITY TO YOU EXCEED $75100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You will indemnify, defend, and hold harmless Medical Health 360 PLLC and, its affiliates, and its and their respective directors, officers, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including reasonable attorneys' fees) that arise out of or in connection with your access to or use of the Service, your misuse of any material, data, or other information downloaded or otherwise obtained from the Service, your appointment requests made through the Service, you violation of applicable laws or regulations, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Medical Health 360 PLLC will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond Medical Health 360 PLLC's control, including acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, and other extraordinary elements of nature.
Audit. Medical Health 360 PLLC and its designated representatives may, at their expense, audit, examine, and make copies of data, documents, information, and other records in your possession or control that relate to or concern the Service in order to determine your compliance with these Terms.
Feedback. Medical Health 360 PLLC welcomes comments regarding the Service. If you submit comments or feedback to us regarding the Service, they will not be considered or maintained as confidential. We may use any comments and feedback that you send us at our discretion and without attribution or compensation to you.
These Terms are governed by the laws of the state of Delaware, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in San Francisco, California, with respect to any dispute arising under these Terms unless otherwise determined by Medical Health 360 in its sole discretion and the parties expressly agree to the exclusive jurisdiction of those courts.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with Medical Health 360 PLLC and limit the manner in which you can seek relief from us.
Applicability. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity of these Terms (together, "Disputes") will be resolved by binding arbitration on an individual basis as described in these Terms (this "Arbitration Agreement"). But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of the Medical Health 360 PLLC's intellectual property or other proprietary rights, Medical Health 360 may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; Medical Health 360 PLLC; Medical Health 360 PLLC's affiliates; Medical Health 360's and its affiliates' respective directors, officers, employees, owners, agents, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Service; and any third-party beneficiaries.
Arbitrator. Arbitration proceedings will be administered by the American Arbitration Association ("AAA") before an arbitrator chosen by agreement of the parties. If the parties fail to reach agreement on the arbitrator within 30 days after service of the demand for arbitration, the arbitrator will be chosen by the AAA. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The prevailing party will bear all costs of arbitration, including all attorneys' fees. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration.
Place. The place of arbitration will be New York, NY, unless otherwise agreed to in writing by all parties to the arbitration. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
Time Limitation on Claims. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred.
Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Medical Health 360, except that our affiliates are third-party beneficiaries of these Terms.
Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or arbitration) will continue in effect beyond any termination of these Terms or of your access to or use of the Service.
Notices. All notices, consents, requests, demands, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, by electronic mail.
Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Medical Health 360 PLLC may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
Healthcare Services. None of the Site content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular treatment or medication is safe or effective, for you. Contact Us. Please direct any questions and concerns regarding these Terms to us by email at firstname.lastname@example.org