Effective Date: October 15, 2022
Use of the Site and Online Telehealth Services
Health Care Remotely, LLC (“Health Care Remotely”, “Company”, “we”, “us”, or “our”) operates the website (“Site“) located at hcremotely.com with links to this Terms of Service (“Terms”). We contracted with Athenahealth to provide us with patient portal, telehealth and electronic medical record services. Users of the website or online telehealth services are referred below as “Users”, “you”, “your”, or “yours”.
We offer online telehealth services (“Services“) enabling you to report your health history and assessments to inform interactions with physicians (“Physicians“) who are employed by the Company. The physicians are board-certified and maintain licenses to practice medicine in at least one of the states where Health Care Remotely operates. Health Care Remotely provides malpractice insurance for these physicians for their work on behalf of the Company.
None of the Site’s content (other than information you receive from the Physicians) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
When you register on the practice’s patient portal, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Health Care Remotely (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 practice’s patient portal, 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. We reserve the right to take any and all action, as it deems necessary or reasonable, regarding the security of the company’s website, practice portal and your Account Information. In no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of your use of the company website, 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.
Health Care Remotely hereby grants to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Services; (d) distribute viruses or other harmful computer code through the Site; or (e) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Physicians through the Site and to refrain from contacting Physicians for telehealth services outside of the Site. We are not responsible for any interactions with Physicians that are not conducted through the Site. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.
Fee and Purchase Terms
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. By providing the Company with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with us to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with us, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any Services will be reimbursed.
If you do not have insurance coverage for Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses. Health Care Remotely offers no guarantee that you shall receive any such reimbursement. We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms. You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to all or a portion of the fees you and your insurer or other payor would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance, unless we notify you in writing that a shorter cancellation window applies.
You may deactivate your Account and end your registration at any time, for any reason by sending an email to email@example.com. Health Care Remotely may suspend or terminate your use of your Account and/or registration for any reason at any time. Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the practice’s patient portal pursuant to its internal record retention and/or content destruction policies. After such termination, we 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 physicians are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Right to Modify
The company’s website is owned and operated by Health Care Remotely. Our Site is continually under development and changes to the Site or Services may be made at any time. We reserve the right to revise or remove any part of these Terms in its sole discretion at any time and without prior notice to you by updating this posting. Thus, you should visit this page periodically for changes. Any changes to these Terms are effective upon posting to the Site, unless otherwise specified. If you disagree with the Terms, you have the right to request a copy of your medical records through the practice’s patient portal and obtain subsequent medical care elsewhere. Your continued use of the practice’s services after a Terms of Service change has been posted constitutes your acceptance of the changes.
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. HEALTH CARE REMOTELY 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.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL HEALTH CARE REMOTELY OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, 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 we 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.
You agree to indemnify, defend and hold harmless Health Care Remotely and their officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claims, 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.
Health Care Remotely makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or beyond the state borders of Arizona, California, Delaware, Georgia, Illinois, Michigan and Texas.
All physicians performing licensed clinical services on the site hold the professional licenses issued by the professional licensing boards or agencies in the states where they practice. All physicians hold advanced degrees in medicine and have undergone postgraduate training. You can report a complaint relating to the care provided by a Physician by contacting the professional licensing board in the state where the care was received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board or agency 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.
WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
The Site and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Health Care Remotely, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
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”) of Health Care Remotely or other entities. You are not authorized to use any such Marks without the express written permission of Health Care Remotely. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Short Message Service or SMS
Health Care Remotely or its affiliates may contact you by short message service (“SMS”) text message from time to time regarding your account or the Services to provide appointment reminders, service announcements, privacy notices, administrative messages and other communications about the Services (“SMS Communications”). These SMS Communications are considered part of the Services and your account. The number of SMS text messages we send as Communications will depend on the frequency of your use of the Services. Our SMS Communications program may not be available on all wireless carriers. Standard carrier message and data rates apply.
You can stop receiving SMS Communications from us at any time by texting “STOP” to the number from which you receive the SMS Communications. If you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed from SMS Communications. After this, you will no longer receive SMS Communications from us. You agree that if you request to opt out from future SMS Communications, we may send you a one-time opt-out confirmation SMS text message. After this, you will no longer receive SMS Communications from us.
You may also call our general support toll free line at (630) 273-7934 to request we stop sending you SMS messages. Please note that you will need to provide enough information during the phone call for us to verify that you either the patient or an authorized patient delegate.
You agree that we may send to you additional communications through electronic means including, but not limited to, (1) by email, using the address that you provided to us during registration or (2) push notifications on your computer, tablet or mobile device through the practice’s patient portal (collectively, “Communications”).
The delivery of any SMS or other Communications from us is effective when sent by us, regardless of whether you read the SMS or other Communication. You can withdraw your consent to receive Communications by deactivating your Account, or as otherwise specified and provided.
The most secure method to communicate with us is through the practice’s patient portal. You acknowledge that text messages and emails are not always secure and there is a risk that such messages and emails will be intercepted because they travel over networks that we do not control. As such, we cannot guarantee the security or confidentiality of messages sent by text messages or email. By providing us with your cell phone number and email address, you agree that we may communicate with you by text message and email, despite these risks.
If you have questions or concerns about these Terms, or would like to report a violation, see the below contact options:
- If you are registered patient, you may send a secure message to the practice once you logged into the practice portal.
- You may email us at firstname.lastname@example.org.
- You may call us at (630) 273-7934.
- You may send us a letter by mail at: