InstaCare™ SUBSCRIBER (PATIENT)
TERMS OF USE AS OF APRIL 20, 2010
Welcome to the www.InstaCare.com website. InstaCare™, a service offered by Summerlin Health ("InstaCare™"), provides a website and internet-based services offering a secure, private channel for healthcare consultation communications with a physician, personal medical information storage, on-line healthcare information, patient education, and related products, services and content (collectively the "InstaCare™ Services").
1. Terms Of Use
The InstaCare™ Services are offered to you under, and you agree to be bound by, the terms and conditions of this Terms of Use. The InstaCare™ Services are only available to users with whom we have an existing patient- healthcare provider relationship, or with a physician, or other healthcare provider that is affiliated with InstaCare™. We reserve the right to update or change these Terms of Use at any time and for any reason by posting the modified Terms of Use on our website. Your continued use constitutes your agreement to be bound by any such revisions. You should periodically visit this page of the website and print the latest version of the Terms of Use for your records. The date of the last update to these Terms of Use is stated at the top of this document.
Please read this Agreement carefully. It is a legally binding contract. You agree to be bound by the terms and conditions of this Agreement by accessing or using the InstaCare™ Services. You are not authorized to access or use the InstaCare™ Services and/or any of its components if you do not wish to be bound by this Agreement.
2.Use Of Services
Not For Emergencies. The InstaCare™ Services are not to be used for medical emergencies or urgent situations. CALL 911 IMMEDIATELY IF YOU HAVE A MEDICAL EMERGENCY.
Web Encounters. You are solely and personally responsible for all fees and agree that InstaCare™ may charge your credit card for such amounts. Generally, these fees may not be covered by health insurance or government programs, and InstaCare™ is not responsible for determining the coverage status of any services provided.
Medical Disclaimers. InstaCare™ makes no warranty as to the content of any treatment response. You are solely responsible for all information and/or communication sent during a web encounter or other communication. Nothing contained in these services or Terms of Use should be construed, directly or indirectly, as the practice of medicine or dispensing of medical services by InstaCare™. InstaCare™ is not an insurance provider, and your insurance provider is not an employee or agent of InstaCare™. InstaCare™ does not guarantee that a web encounter is the appropriate course of treatment for your particular healthcare problem. You agree to contact your healthcare provider immediately should your condition change or your symptoms worsen. You should contact your local emergency services immediately if you are experiencing an emergency or urgent condition.
Prescriptions. You agree that any prescriptions that might be acquired through an InstaCare™ encounter shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact your healthcare provider if you have any questions regarding the prescription given to you.
Educational Resources. Your healthcare provider may send you information regarding common medical and health-related topics or preventive care messages containing specific medical and health-related information, links to other related websites or specific questions related to your InstaCare™ encounter. Additionally, InstaCare™ may make available self- care informational services which provide general medical and health information. These communications and resources are not comprehensive medical text and are not intended to include all the potential information regarding the subject matter.
Referrals. Your healthcare provider unaffiliated with InstaCare™ may send a referral message and/or refer you as a patient to another provider. This referral message may contain personally identifiable health information about you. Your healthcare provider unaffiliated with InstaCare™ is solely responsible for obtaining any required consents for disclosing this information. You must inform your healthcare provider unaffiliated with InstaCare™ if you do not wish to be the subject of a referral message. InstaCare™ will not modify or alter any information contained in any referral messages and/or attachments and cannot verify its accuracy or completeness. You agree that InstaCare™ bears no responsibility with respect to the foregoing. Referral messages may be sent to non-registered providers.
Your Account. You represent and warrant that you are at least eighteen years of age and that you possess the legal right and ability to enter into this Terms of Use, register with InstaCare™ under your own name and to use the InstaCare™ Services in accordance with this Terms of Use and abide by the obligations hereunder. You are solely responsible for maintaining the confidentiality of your password, or other personal identifier and for all activities that occur under your password, or other personal identifier. You agree to prohibit anyone else from using your password, or other personal identifier and immediately notify InstaCare™ of any unauthorized use of your password, or other personal identifier, or other security concerns of which you become aware. The aforementioned is also applicable to you as the parent or legal guardian who seeks to use InstaCare™ Services on behalf of any third party (an "Authorized Third Party"). In such instance, you represent and warrant that you have the legal right to use the InstaCare™ Services on behalf on such Authorized Third Party.
Intellectual Property. InstaCare™ hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the InstaCare™ website and to use the InstaCare™ software to the extent necessary to use the InstaCare™ Services solely for your (or an Authorized Third Party's) personal, non-commercial use. InstaCare™ retains all right, title and interest in and to InstaCare™ and any content, products, documentation, software or other materials on the InstaCare™ website, and any patent, copyrights, trade secrets, trademarks, service marks or other intellectual properties or proprietary rights in any of the foregoing. The information available through the InstaCare™ website is solely the property of InstaCare™ or its licensors and is protected by United States copyright, trademark, and other intellectual property laws. You agree not to reproduce, re- transmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by InstaCare™ or its licensors received through the InstaCare™ website to anyone, including, but not necessarily limited to, others in your family or any organization to which you belong. Any copy made of information obtained through the InstaCare™ website must include the copyright notice. Use, reproduction, copying, or redistribution of InstaCare™'s logos or marks is strictly prohibited without written permission from InstaCare™. For additional information concerning InstaCare™'s intellectual property rights, see Intellectual Property under the Legal Notices section of this site, the terms of which are incorporated herein by this reference.
3. Legal Notices and Disclaimers.
GENERAL DISCLAIMERS. YOU ACKNOWLEDGE THAT YOUR USE OF THE InstaCare™ WEBSITE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. InstaCare™ AND ITS MEMBERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, THE "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, InstaCare™ AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE InstaCare™ PRODUCTS AND SERVICES PROVIDED HEREUNDER, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
InstaCare™ MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT:
THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE InstaCare™ SERVICES.
LIMITATION OF LIABILITY. IN NO EVENT SHALL InstaCare™ NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE FEE FOR SERVICES RENDERED, OR (ii) IN THE EVENT NO FEE WAS PAID OR REQUIRED, $1,000.00. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL InstaCare™, NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT NECESSARILY LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY SERVICE OFFERED THROUGH THIS WEBSITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEBSITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF InstaCare™ IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY TO THE EXTENT OF SUCH RESTRICTIONS.
4.Privacy
InstaCare™ respects your privacy and takes privacy very seriously. You consent to the use and disclosure of personally identifiable information provided to us as outlined in our Privacy Policy, which is incorporated herein by reference by accepting this Terms of Use by accepting these Terms of Use.
InstaCare™ Record. A record is created to store your personal health information online, including health conditions, allergies and medications (your "InstaCare™ Record"). Any information provided as part of a web encounter becomes part of your InstaCare™ Record. You agree to provide accurate information for your InstaCare™ Record, to periodically review such information and to update such information as needed. For additional information regarding use of your InstaCare™ Record, please see our Privacy Policy. In certain circumstances, InstaCare™ may provide certain information to your health plan or insurance company (your "Provider") regarding your use of InstaCare™ services if such entity represents it has obtained any required consents. You authorize InstaCare™ to rely upon such representations. It is your responsibility to confirm any third party information in your InstaCare™ Record. You may authorize another person (such as a family member) to access your InstaCare™ Record and access may be granted upon verification by InstaCare™. This authorization may be terminated at any time by notifying your Provider and having your Provider notify InstaCare™. You acknowledge and agree that, unless you have a written agreement with your healthcare provider unaffiliated with InstaCare™ to the contrary, your unaffiliated provider will not be (a) reviewing your InstaCare™ Record for accuracy or completeness; or (b) relying on your InstaCare™ record in connection with making treatment decisions. You acknowledge and agree that if your healthcare provider unaffiliated with InstaCare™ is a member of a group, to the extent authorized by said provider, all members of the group may access your InstaCare™ Record and respond to your inquiries or provide services to you via InstaCare™.
5. General Legal Provisions.
Operation and Record Retention. InstaCare™ reserves complete and sole discretion with respect to the operation of the InstaCare™ Services. InstaCare™ may, among other things withdraw, suspend or discontinue any functionality or feature of the InstaCare™ Services. InstaCare™ is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. InstaCare™ is not responsible for maintaining data arising from use of the InstaCare™ Services. InstaCare™ reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the InstaCare™ Service pursuant to its internal record retention and/or destruction policies. A copy of InstaCare™'s record retention and destruction policies are available upon written request.
Limitations on Use. You agree not to access or use the InstaCare™ Services in an unlawful way or for any unlawful purpose. You shall send e-mails to other parties solely for personal communication and no other purposes, including commercial purposes, or for mass distributions of unsolicited e-mails. You agree not to post or transmit: (a) a message under a false name; or (b) any information which (i) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, Trojan horse or other code which is contaminating or destructive to the files or programs of InstaCare™ or any of its users. InstaCare™ reserves the right to delete any information provided by you that it deems, in its sole and absolute discretion, fraudulent, abusive, defamatory, obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS InstaCare™ AND ITS AFFILIATES FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATED TO ANY BREACH OF THIS TERMS OF USE, YOUR RELATIONSHIP WITH YOUR HEALTHCARE PROVIDER UNAFFILIATED WITH InstaCare™, ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU RELATED TO YOUR USE OF SERVICES THROUGH InstaCare™, OR ANY NEGLIGENT OR WRONGFUL USE OF THE InstaCare™ SERVICES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.
Third Party Rights. The indemnification provisions set forth above and the provisions under Section 3, Legal Notices and Disclaimers, are for the benefit of InstaCare™ and its affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Term and Termination. This Terms of Use shall commence upon the date you first access or use the InstaCare™ Services and/or complete the registration process. This Terms of Use and the licenses granted hereunder shall terminate without notice in the event you (or any authorized person using your account) fail to comply with the terms and conditions of this Terms of Use, or the rules for use of the InstaCare™ Service promulgated by InstaCare™ from time to time. Upon any termination, you will destroy all copies of InstaCare™ materials in your possession and cease any access to or use of the InstaCare™ Services.
Notice. InstaCare™ may provide notice by e-mail to the e-mail address you provided in your registration, by a general notice on the InstaCare™ website, or by written communication delivered by first class U. S. mail or express courier to your address on record in the InstaCare™ Services account information. You may give notice to InstaCare™ at any time via electronic mail to admin@InstaCare.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to InstaCare™, 3275 Jones Boulevard, Suite 104, Las Vegas, Nevada 89146, Attention: Sharon L. Drew.
Severability. The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such invalid or unenforceable provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable or valid.
Entire Agreement. This Terms of Use, together with any InstaCare™ rules or policies referred to herein, represents the complete agreement between you and InstaCare™ concerning the subject matter hereof, and it replaces all prior oral or written communications concerning such subject matter. InstaCare™ may modify this Terms of Use as set forth above.
Assignment. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.
Governing Law. This Terms of Use shall be governed by and construed in accordance with the laws of the state of Nevada without giving effect to any choice of law rules or principles. Any cause of action or claim you may have with respect to InstaCare™ must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the InstaCare™ Services or website.
