Use of the Site
Site Content. None of the Site content (other than information you receive from Treatment Team) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
A. Telehealth is the delivery of health care services using interactive audio and video technology, where the patient and the healthcare professional are not in the same physical location. During your telehealth consultation with a Treatment Team Professional, details of your medical or health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology.
B. The telehealth Services you receive from your Treatment Team are not intended to replace a primary care physician relationship, primary outpatient therapist or be your permanent healthcare home. You should seek emergency help or follow-up care when recommended by your Treatment Team or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. We may make arrangements for follow up care either through Bright Heart Health, a health systems partner or other healthcare providers. You will have direct access to customer support services to follow up on treatment events. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any medical or health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
- Internet connectivity may not be sufficient (e.g. poor resolution of images or video) to allow for appropriate from the Treatment Team;
- A breach of confidentiality during video sessions by individuals not in the treatment session by viewing and/or hearing treatment session information by eavesdropping through another clients attendance;
- A breach of confidentiality by one client sharing information from group sessions;
- Delays in evaluation or treatment could occur due to failures of the electronic equipment or video conferencing;
- 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
You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured.
You understand that the laws that protect the privacy and security of health information apply to telehealth, and have received Bright Heart Health’s Notice of Privacy Practices, which describes these protections in more detail.
If your health insurance coverage does not include or is not sufficient to satisfy the Services charges in full, you may be fully or partially responsible for payment.
Your Treatment Team may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Site.
When you enroll for Bright Heart Health Services, you are provided an account (“Account”) to a client portal. This portal is not secure and is used only for sharing general information not specific to your healthcare. You should not add any confidential information or personal information such as an name, email address, or other information you feel is confidential or personal. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Bright Heart Health 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 Bright Heart Health 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.
Use of the Services by Children
Fees and Purchase Terms
You agree to pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Bright Heart Health with your credit card number or insurance plan information, you agree that Bright Heart Health is authorized to immediately invoice your account for all fees and charges due and payable to Bright Heart Health hereunder and that no additional notice or consent is required. 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.
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.
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 Bright Heart Health or other entities. You are not authorized to use any such Marks without the express written permission of Bright Heart Health. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
You may deactivate your Account and end your registration at any time, for any reason by sending an email to email@example.com. Bright Heart Health may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, Bright Heart Health 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, Bright Heart Health 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 Treatment Team are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
Right to modify
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. BRIGHT HEART HEALTH 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 acknowledges and agree that the Treatment Team is solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all healthcare 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 Treatment Team, in their sole discretion, as they deem appropriate.
LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DOCTOR ON DEMAND 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 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 Bright Heart Health, 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 Treatment Team from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Treatment Team.
Bright Heart Health 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 all territories within the United States.
Bright Heart Health 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.
Individuals in Texas can file a complaint relating to medical services provided through the Site with the Texas Medical Board by calling 1-800-201-9353.
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 Web site 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, Doctor on Demand 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 Bright Heart Health, Inc., 100 Main Street, Corte Madera, CA 94947.