Telemedicine Terms of Use

 

IF YOU HAVE, OR ARE HAVING, A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR PHYSICIAN OR LOCAL EMERGENCY NOTIFICATION SYSTEM (9-1-1), OR GO TO YOUR LOCAL EMERGENCY ROOM.

Welcome to Wellbox.

By clicking on this box, you agree to the following terms and conditions concerning virtual encounters conducted via secure web-based video communication or via telephone by a licensed nurse practitioner (“Practitioner Encounters”) to which Wellbox, Inc. (“Wellbox”) provides access. By clicking on this box, you are agreeing to these Terms and Conditions of Use and that such action constitutes a legal signature.

General. Prior to accessing a Practitioner Encounter, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to: (i) agree to these Terms and Conditions of Use; (ii) register for the Practitioner Encounters under your own name; and (iii) use such services in accordance with these Terms and Conditions of Use and abide by the obligations hereunder.

Wellbox Patient Profile. You agree to: (i) fully, accurately and truthfully create your[Wellbox Profile]; and (ii) prohibit anyone else from using your Wellbox Profile. You agree to provide accurate, current and complete patient and payment information about yourself for your Wellbox Profile, and to periodically review and to update such information as needed to keep it accurate, current and complete. You agree to immediately notify Wellbox of any actual or suspected unauthorized use of your Wellbox Profile or credentials or other security concerns of which you become aware.

Relationship with Provider. You agree that you are entering into an agreement with Wellbox NJ, P.C. (the “PC”) which shall be a provider of professional medical services to you, which means, among other things, you are entering into a practitioner–patient relationship with the licensed nurse practitioner associated with the PC that personally performs the Practitioner Encounter with you. You also agree that licensed nurse practitioner shall solely determine whether or not the condition being diagnosed and/or treated via the Practitioner Encounter is appropriate for such encounter.

Role of Wellbox. You understand and agree that Wellbox, Inc. is the provider of certain administrative services to the PC and does not provide professional medical services itself.

Privacy Notice. You agree to Welbox’s Privacy Notice, the terms of which are incorporated herein by reference.

Benefits and Risks of Practitioner Encounters. In connection with accessing Practitioner Encounters, you acknowledge and agree to the following benefits and risks of such encounters:

Free Choice. You have the right to withhold or withdraw your consent to Practitioner Encounters at any time without affecting your right to future care or treatment.

Access to Information. You have the right to inspect all medical information transmitted during a Practitioner Encounter, including, without limitation, the name of the licensed nurse practitioner associated with the PC treating you, and may receive copies of this information [for a reasonable fee].

Confidentiality. You understand that the laws that protect the confidentiality of medical information apply to Practitioner Encounters, and that no information or images from such interaction which identify you will be disclosed to other entities without my consent.

Risks. You understand that there are risks from Practitioner Encounters, 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, you understand that it is impossible to list every possible risk, that your condition may not be cured or improved, and in rare cases, may get worse.

Benefits. You understand that you can expect the following benefits from Practitioner Encounters, 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 nurse practitioner associated with the PC does not resolve the medical issue for which you sought a Practitioner Encounter, 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. You understand that, by having consented to Practitioner Encounters, the nurse practitioner associated with the PC may communicate medical information concerning you to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction.

Quality Assurance. You understand that records related to the Practitioner Encounter may be reviewed under a Wellbox quality assurance program. Records of Wellbox Quality Assurance Committee records are subject to confidentiality.

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 Wellbox, Inc. 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. Wellbox, Inc.’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 Wellbox, Inc. 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 Wellbox, Inc. is permitted to pass to you) and Wellbox, Inc. 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 Wellbox, Inc. in writing, all fees paid are non-refundable. Wellbox, Inc. reserves the right, without notice, to modify, change, terminate, or suspend service for a subscription plan you are on if, for any reason, payment for such plan is not made or cannot be processed on the due date. This right to modify a subscription plan includes, but is not limited to, the right to change a subscription plan type (for example, from a fixed fee plan without consult co-pays to a lower priced fixed-fee plan with consult co-pays). You may adjust your subscription settings at any time (where applicable, by paying any amounts due).

Prescriptions. You agree that the licensed nurse practitioners associated with the PC may not prescribe the following drugs:

• Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III)

• Prescriptions for medications that are restricted by states.

• Prescriptions for medications for psychiatric illnesses.

Confirmation of Information. It is your responsibility to confirm any third party information for yourself, or information regarding a minor child of whom you are a parent or legal guardian.

Medical Records. You agree to the entry of your medical records into the PC’s computer database and understand that 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. The PC recognizes your privacy and, in accordance with Wellbox’s Privacy Notice, will not release information to anyone without your written authorization or as required or permitted by law.

Communications. You understand and agree Practitioner Encounters involve the communication of your medical information, both via text or orally, to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction.

External Links. This Website may include links to other sites that are not owned by or under Wellbox’s control and Wellbox is not responsible for, and makes no representations, warranties or recommendations with respect to the usefulness, availability or content of any such sources, and you assume all responsibility with respect to the use of such sites and any and all information or services furnished through such sites.

Adverse Technical Events. All information is transmitted over a medium which is beyond our control and jurisdiction. Accordingly, Wellbox assumes no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Website or sites accessed through this site.

Limitation Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WELLBOX BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE WEBSITE OR ENGAGING IN A PRACTITIONER ENCOUNTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. WELLBOX IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE USE OF THIS WEBSITE AND/OR ANY MATERIAL LINKED THROUGH THE WEBSITE.

Copyright and Trademarks. All content included on the Website including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the “Content”), in any form including the compilation thereof, are proprietary to Wellbox and protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by Wellbox and Content owned or controlled by third parties and licensed to Wellbox. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without our express written consent. You are authorized only to use the Website for personal use and are not authorized to reproduce, sell or exploit the Website or content of the Website for commercial purposes.

Indemnification. You agree to indemnify and hold harmless Wellbox and its officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors and others involved in the development or the delivery of products, services or information over the Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions of Use or your use of the Website or any products, services or information obtained from the Website.

Miscellaneous. These Terms of Use and your use of the Site shall be governed by the laws of the State of New York, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Jacksonville, Florida under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Jacksonville, Florida, for any action related to these Terms of Use.

[You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, “Communications”) through electronic means including but notlimited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service (“SMS”) text message to the mobile number you provided us during registration,(3) push notifications on your mobile device, or (4) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by deactivating your Account. You can opt-out of future Communications through SMS text message by replying “STOP” or by calling Wellbox IT Support.]

No waiver by Wellbox of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wellbox to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Wellbox devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, Wellbox has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to [Wellbox, Inc., 4401 Salisbury Rd, Jacksonville, Florida]

Wellbox has the right to amend these Terms and Conditions of Use at any time without notice to you by posting the revised Terms and Conditions of Use on this Website. You agree that you are bound by those changes by continuing to use the Website.