Infused Health, PBC
Last Revised December 18, 2018 (“Effective Date”)
2. Services. Services are provided through Infused and its contracted providers (“Health Coaches”). Infused does not practice medicine, and does not interfere with the practice of medicine or any other licensed profession by Health Coaches, each of whom is responsible for his/her services and compliance with the requirements applicable to his/her profession and license. Any information or advice you receive from a Health Coach comes from him/her alone, and not from Infused. Neither Infused nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from a Health Coach via the Services. Infused does not endorse any specific physicians, tests, medications, products, procedures, or the like that may be recommended by a Health Coach. You acknowledge that your reliance on any Health Coach, or on information provided by any Health Coach, is solely at your own risk and that you assume full responsibility for all risk associated herewith. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
3. Site Content. None of the Site content should be considered medical advice or an endorsement, representation, or warranty that any particular medication or treatment is safe, appropriate, or effective for you. Although Infused attempts to ensure the accuracy and integrity of the information on the Site, Infused makes no representations, warranties, or guarantees as to the accuracy of the Site and its content, and as such it is possible that the Site could include typographical or other errors, or inaccuracies, and that unauthorized additions, deletions, and/or alterations could be made to the Site by third parties. In the event that any inaccuracy arises, please inform Infused so that it can be corrected. Information on the Site may be changed or updated without specific notice to you. Additionally, Infused shall have no responsibility or liability for information posted to the Site from any non-Infused affiliated party.
4. Informed Consent.
a. Among the benefits of Infused’s Services are improved access to health care professionals and convenience. However, the Services you receive from Health Coaches are not intended to replace a primary care physician relationship. You may form an ongoing treatment relationship with some Health Coaches. However, your initial interactions with a Health Coach will begin as a consultation and will not necessarily give rise to an ongoing treatment relationship with that Health Coach. You should seek emergency help or follow-up care when recommended by a Health Coach or when otherwise needed, and continue to consult with your primary care physician and other health care professionals as recommended.
b. As with any health care services, there are potential risks associated with the use of the Services on the Site. These risks include, but may not be limited to:
i. In rare cases, information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate health care decision making by the Health Coach;
ii. Delays in evaluation or treatment could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication;
iii. Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information
i. You understand that you may expect the anticipated benefits from the use of the Services in your care, but that no results can be guaranteed or assured;
ii. You understand that the laws that protect the privacy and security of health information apply to the Services, and you have received Infused’s Notice of Privacy Practices, which describes these protections in more detail. Electronic communications are directed to your Treating Provider(s) and their supervisees through a secure, encrypted electronic health record;
iii. You understand that Infused does not take nor bill insurance providers for any of the Services offered;
iv. Your Treating Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Services to you through the Site.
6. User Accounts. When you register on the Site, you are required to create an account (“Account”) by entering your name and e-mail address, a password, and certain other information collected by Infused (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Infused reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall Infused be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.
7. 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 material to Infused or our Site (“User Information”), you agree not to provide any User Information that: (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity; or (c) 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 Infused and its Treating Providers that you have the legal right and authorization to provide all User Information to Infused and its Treating Providers for use as set forth herein, and as required by Infused and the Treating Provider.
8. Use of the Services by Individuals Under Age 18. This Site is not directed to children and children are not eligible to use our Services. We will not knowingly collect information from Site users under the age of eighteen (18). If you are under age 18, please do not attempt to use the Site or any of our Services or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under 18, we will delete that information as quickly as possible.
11. Website Links. Infused will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for the acts or omissions of any such websites or their respective operators.
13. Trademarks. Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks, trade names, service marks or logos (“Marks“) ofI nfused or other related entities. You are not authorized to use any such Marks without the express written permission of Infused. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
14. Termination. You may deactivate your Account and end your Site registration at any time, for any reason, by sending an e-mail to [email protected] Infused may suspend or terminate your use of the Site, your Account, and/or your registration for any reason at any time. Subject to applicable law, Infused reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, Infused will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Treating Providers are required to provide you with continuing care under their applicable legal, ethical, and professional obligations to you.
16. Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Infused EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. You acknowledge and agree that the Treating Providers using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Treating Providers, in their sole discretion, as they deem appropriate.
17. Limitation of Liability. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Infused OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that Infused 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 our liability will be the minimum permitted under such applicable law.
18. Indemnification. You agree to indemnify, defend, and hold harmless Infused, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend, and hold harmless your Treating Provider(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Treating Provider.
19. Geographical Restrictions. Infused makes no representation that all products, services, and/or materials described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all territories within the United States.
20. Disclosures. All Treating Providers accessible to you through the Site hold professional licenses issued by the professional licensing boards in the states where they practice. You can report a complaint relating to services provided by a Treating Provider by contacting the professional licensing board in the state where the services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee. You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website (http://www.fsmb.org/state-medical-boards/contacts). Any clinical records created as a result of your use of the Site will be securely maintained by Infused on behalf of your Treating Provider(s) for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six (6) years.
g. Infused 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.
h. 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 this 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, Infused has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written notification of alleged copyright infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Infused Health, PBC, 12946 Valleyheart Dr, Ste 112, Studio City, CA 91604.