Terms of Use

Effective Date:  August 1, 2017

The following terms and conditions constitute an agreement between you (“you”) and AxS Healthcare, Inc. (“AxS,” “we,” “us” or “our”), the operator of axshealthapp.com (the “Site”) and related websites, applications, mobile applications, and services provided thereunder (collectively, the “Services”).

These terms and conditions, together with the:

Privacy Policy

Acceptable Use Policy

Sale and Additional Terms

Informed Consent of Telemedicine Services

and each other document referenced herein, each of which is incorporated herein, collectively constitute the “Term of Use.”  BY VISITING, USING, REGISTERING, OR OTHERWISE ACCESSING THE SITE AND THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE OR THE SERVICES.

  1. ABOUT THE SITE AND THE SERVICES

AxS is a digital health platform dedicated to streamlining your access to common healthcare needs.  Our Services facilitate the telemedicine consultations between you and a licensed healthcare provider, including physicians, nurse practitioners and physician assistants (the “Healthcare Provider”) for the treatment of certain medical conditions.

What we do:

  • We do offer a technology platform for you to connect with certain Healthcare Providers to schedule appointments and pay for such healthcare services.
  • We do offer a secure environment to communicate your personal information to certain Healthcare Providers as appropriately authorized by you.
  • We do offer access to telemedicine services through which you answer questions regarding your condition and send relevant photos and a Healthcare Provider will respond with a treatment plan and a prescription (as appropriate).

What we don’t do:

  • We don’t provide medical advice (we leave that to the Healthcare Providers).
  • We don’t control or interfere with the Healthcare Provider’s provision of medical care to you.
  1. THE DIFFERENT TYPES OF CONTENT PROVIDED ON THE SITE AND THROUGH THE SERVICES

We communicate or may communicate through the Site and the Services by using text, graphics, images, videos, photographs, audio, interfaces, content, sounds, artwork, computer code, and other information or materials posted or provided on, by, or through the Site and the Services (collectively, the “Content”).  Some of the Content is provided by us (the “AxS Content”), and some of the Content is provided by others, including Content provided by Healthcare Providers. We have no right to control, interfere with, edit, or otherwise influence the Content that is provided by Healthcare Providers.

  1. WE DO NOT PROVIDE MEDICAL ADVICE

We do not provide medical advice (we leave that to the Healthcare Providers). The AxS Content, including general information accessible on the Site and communications from AxS or its employees or agents related to your use and/or payment for the Services, and all other Content you receive from the Site or the Services (other than from a Healthcare Provider) is provided for informational, scheduling and payment purposes only. None of the AxS Content should be considered medical advice, even if it is of a health or medical nature.

NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, OR THE PROVISION OF MEDICAL CARE BY AXS.

Only the Content received directly from a Healthcare Provider should be considered medical advice.  You may receive Content from a Healthcare Provider through use of the Site and the Services, emails, or text messages. When you are in personal contact with your Healthcare Provider (i.e. text and/or email communications, you agree to personally notify your Healthcare Provider of any information you believe to be important to your diagnosis or treatment.

The Site is appropriately used as a supplement to, and not in lieu of, other forms of health care.  You agree not to delay or avoid getting medical care from other healthcare providers because of any information on this Site or provided to you or obtained by you through the Services.  You should always talk to your health care professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you.  Any medical advice provided to you by Healthcare Providers through the Services is based on your personal health data as provided by you and the local standards of care for your presenting symptoms based on your use of the Services.

The Site and the Services are not for emergency use.  If you have OR THINK YOU HAVE a medical emergency, please contact 9-1-1 immediately or seek emergency medical help.

  1. NO DOCTOR-PATIENT RELATIONSHIP

NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BETWEEN YOU AND AXS BY USING THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SITE, THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM AXS, INCLUDING, BUT NOT LIMITED TO, EMAILS OR TEXT MESSAGES FROM AXS, LINKS TO OTHER SITES FROM OUR SITE, OUR “ASK A DOCTOR” FEATURE, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD.

  1. CHOOSING A HEALTHCARE PROVIDER

In connection with using the Site and the Services to locate and schedule appointments with Healthcare Providers, you understand that YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER. You agree that in exercising your responsibility to choose a Healthcare Provider, you are strongly advised to perform your own investigation of the Healthcare Provider prior to requesting an appointment, such as confirming with licensing or certification authorities to verify listed credentials, education, and other information that may be relevant for such Healthcare Provider’s specialty. Your schedule, the schedules of the Healthcare Providers, and other circumstances beyond our control may affect your ability to choose a Healthcare Provider and schedule an appointment.  We have no control over, and cannot guarantee the availability of, any Healthcare Provider at any particular time.

We use reasonable efforts to ensure that Healthcare Providers only participate in the Services if they hold all active licenses required by law to practice the specialties of the services offered by them, and are not excluded from participation in the Medicare and Medicaid programs. AxS may exclude Healthcare Providers who, in our sole discretion, have engaged in inappropriate or unprofessional conduct.

We will provide you with search results of Healthcare Providers who may be able to provide the healthcare services you seek based on information that you provide to us (such as insurance information, geographical location, and healthcare specialty).  The search results may also be based on other criteria (including, availability, past selections and/or ratings by you or by other registered user, and past experiences of other registered users with Healthcare Providers.  Ratings are based only on users’ reviews.

We DO NOT promote or feature Healthcare Providers on our list of Healthcare Providers because they pay us to do so. We may, however, receive additional fees from healthcare-related businesses that advertise on our Site and may provide special offers or promotions to AxS users from time to time will feature those special offers or promotions on the Site and through the Services (“Sponsored Offers”).

  1. REQUIRED AGE TO USE THE SITE AND THE SERVICES

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only under the supervision of your parent or guardian who has agreed to the Terms of Use.  If you are under the age of 13, you may not use the Site or Services.  If you are the parent or legal guardian of a child between the ages of 13 and 18, you may use the Site or Services on behalf of such minor child.

By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual.  If you do not qualify under these terms, do not use the Site or Services.

  1. ACCESSING THE SITE AND SERVICES; ACCOUNT SECURITY

Portions of the Site and the Services are viewable without registering as a user with us.  To register with us, you will be asked to provide certain personal information.  It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete.  You agree that all information you provide to register with the Site or otherwise, including but not limited to the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

As a visitor or registered user, you have a limited, personal and noncommercial, nontransferable right to access and use the Site and the Services, subject to the Terms of Use.  You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.  Your user name, password, and any other security credentials to access the Site and the Services are confidential, and you agree not to disclose it to any other person or entity.  You agree that you must promptly inform us if your user name, password, and any other security credentials are lost or stolen. We reserve the right to disable any user name, password, or other security credential and deny use of the Site or Services at any time for any or no reason.

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Site, or the entire Site, to registered users.

  1. INTELLECTUAL PROPERTY RIGHTS

The Site, the Services, and the Content, including all functionality, design, arrangement, structure, expression, and “look and feel” of the Content is owned by AxS, its licensors, or other third parties and is protected  by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not access or use any part of the Site or the Services for any commercial purposes.  All rights not expressly granted to you by AxS in the Terms of Use are reserved by AxS. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

You can download, print, or store Content from the Site for your personal, non-commercial use.  You cannot reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content for a commercial use or for any use that isn’t solely related to your personal use of the Site and the Services.  You cannot delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

The AxS name and trademarks, including words and logo, and all related names, logos, product and service names, designs and slogans are trademarks of AxS or its affiliates or licensors.  You must not use such marks without our prior written permission.  All other names, logos, product and services names, designs and slogans on the Site are the trademarks of their respective owners.

  1. ACCEPTABLE USE POLICY

All uses of the Site and the Services, including all Content generated by you or other registered users of the Site and the Services are subject to the terms and conditions of our Acceptable Use Policy, in effect from time to time as set forth therein.

  1. YOUR PERSONAL INFORMATION AND OUR PRIVACY POLICY

All information we collect on the Site is subject to our Privacy Policy, in effect from time to time as set forth therein. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. TERMS OF SALE AND ADDITIONAL TERMS

All purchases through our Site or other transactions for the sale of services through the Site or as a result of visits made by you are governed by our Sale and Additional Terms, in effect from time to time as set forth therein.  The Sale and Additional Terms also contain additional terms and conditions related to your use of the Site and the Services.

  1. VIOLATION OF TERMS OF USE; TERMINATION

In addition to any other rights we have reserved in the Terms of Use, we reserve the right to terminate your access to the Site and use of the Services if you violate any terms of the Terms of Use, including the Privacy Policy, the Acceptable Use Policy and the Sale and Additional Terms. In the event that we terminate your access to the Site and deny you access to or use of the Services (whether through this section or elsewhere as provided in the Terms of Use), the Terms of Use shall survive termination of your access to the Site and the Services and your obligations set forth herein shall continue in full force and effect.

  1. UPDATES TO THE SITE

We may update, modify, or remove the Content on the Site from time to time, but its Content is not necessarily complete or up-to-date.  Any of the Content on the Site may be out of date at any given time, and we are under no obligation to update such Content.

  1. LINKS FROM THE SITE

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, sponsored links and links for Sponsored Offers. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. GEOGRAPHIC RESTRICTIONS

The Services are not available in all states and are available only in states in which we have established relationships with Healthcare Providers.  In addition, use of the Services is not available for users residing in states where offering, accessing or using our Services would be illegal or unlawful.

  1. DISCLAIMER OF WARRANTIES

The Site, the Services, and all Content is available “as is” and “as available” and without any warranties of any kind.  YOUR USE OF THE SITE AND THE SERVICES IS SOLELY AT YOUR OWN RISK.

Without limiting the generality of the foregoing:

  • WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR PURPOSE.
  • WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS OR CREDENTIALS OF ANY HEALTHCARE PROVIDERS, EXPERTISE OR QUALITY OF WORK OF ANY HEALTHCARE PROVIDER, PRICE OR COST INFORMATION, OR YOUR INSURANCE COVERAGE OR BENEFIT INFORMATION.
  • WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT to completeness, accuracy, reliability, or availability of the Site, the Services, of A HEALTHCARE PROVIDER or any Content.
  • IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY CONTENT ON THE SITE.
  • WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL HEALTHCARE PROVIDER LISTED OR ACCESSIBLE THROUGH THE SERVICES; ANY specific tests, procedures, opinions, or other information that may appear through the Services; OR that any particular drug or treatment is safe, appropriate, or effective for you.
  • We do not guaranty that any Healthcare Provider has read, received, reviewed or understood any personal health information which may be provided by you or pertain to you.
  • WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, THAT THE SITE OR THE SERVER THAT MAKES IT AND THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

  1. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AXS, ITS AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Without limiting the foregoing, we will not be liable for cancelled or otherwise unfulfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Site or Services whatsoever.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

  1. INDEMNIFICATION AND RELEASE

You agree to indemnify and hold harmless AxS, its affiliates, subsidiaries, licensors, service providers, officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, penalties, expenses or fees (including reasonable attorneys’ and consultants’ fees) arising out of or relating to your violation of the Terms of Use, your use of the Site, or your use of the Services.

  1. RESOLUTION OF DISPUTES

In the unlikely event that AxS has not been able to resolve a dispute it has with you after attempting to do so informally (in its sole discretion), you agree to resolve any claim, dispute, or controversy (excluding any claims we might have for injunctive or other equitable relief) arising out of or relating to the Terms of Use, the Site, or the Services (collectively, “Claims”) by binding arbitration by the American Arbitration Association (“ AAA” ) in San Bernardino County, California under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing AxS from seeking injunctive or other equitable relief from the courts as necessary to protect any of AxS’ proprietary interests.

ALL CLAIMS BY A VISITOR OR USER MUST BE BROUGHT BY THE VISITOR OR USER IN HIS OR HER INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (INCLUDING CLASS ACTION ARBITRATION). YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AXS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  1. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF USE, THE SITE, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. OTHER GENERAL TERMS

Governing Law.  The Terms of Use and any disputes arising therefrom, related thereto, or arising from or relating to the Site or the Services shall be governed by laws of the State of California without regards to its conflicts of law principles which might require the application of the laws of any other jurisdiction.

Waiver and Severability.  In the event of the invalidity of any provision of the Terms of Use, such provision shall be deemed stricken from the Terms of Use, which shall continue in full force and effect as if the offending provision were never a part of the Terms of Use.

Paragraph Titles and Interpretation.  The titles, headings and other captions in the Terms of Use are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of the Terms of Use.  Unless the context requires otherwise, the term “including” as used in the Terms of Use shall mean “including, but not limited to.”

Assignment.  The Terms of Use may be assigned by AxS at any time, including to any parent, affiliate, or subsidiary, or as part of a sale of all or substantially all of the assets to, merger with, or other transfer of AxS to another entity.  You may not assign the Terms of Use whatsoever and any attempted or purported assignment in violation of this section shall be null and void and without any effect.

Entire Agreement; Modification.  The Terms of Use, in effect from time to time as set forth herein and in each document incorporated herein, constitute the sole and entire agreement between you and AxS with respect to the Site and the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site and the Services.  The Terms of Use cannot be orally modified by AxS, or any of its employees, agents, or representatives.

  1. EFFECTIVE DATE; CHANGES TO THE TERMS OF USE

The Terms of Use are effective as of the effective date, as set forth at the top hereof and as specifically set forth at the top of each document incorporated into the Terms of Use. AxS reserves the right to change the terms of this Terms of Use at any time.  If we make a change, we will post the new terms on the Site and revise the effective date at the top of this page. We will provide a notification to registered users the next time they login to the Services with the revised Terms of Use and users will be asked to acknowledge that they have read and accept the changes by clicking “I Agree.” We recommend that you read this Terms of Use each time you use our Site in case you missed our notice of changes. Your continued use of the Services and Site following the posting of changes to this Terms of Use will mean you accept those changes.

If you have questions, concerns or comments regarding this Privacy Policy, please contact us at contact@axshealthapp.com or at:

AxS Healthcare, Inc.

1901 W. Lugonia Ave Suite 340

Redlands, CA 92374

PRIVACY POLICY

Effective Date:  August 1, 2017

AxS Healthcare, Inc. (“AxS,” “us,” “we,” or “our”) respects your privacy and we are committed to protecting the privacy of the visitors and users of the AxSHealthapp.com (the “Site”) and related websites, applications, services and mobile applications provided by AxS Healthcare, Inc. in which this Privacy Policy (this “Privacy Policy”) is posted or referenced (collectively, the “Services”).

BY ACCESSING THE SITE AND USING THE SERVICES, YOU AGREE TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND YOU HEREBY CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.  IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU CANNOT USE THE SERVICES.  IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.

Your use of the Services is governed by this Privacy Policy and the Terms of Use (as such term is defined in our Terms of Use). Any capitalized term used but not defined in this Privacy Policy shall have the meaning in the Agreement.

  1. INTRODUCTION

This Privacy Policy describes the types of information we may collect from you or that you may provide when you use the Services and our practices for collecting, using, maintaining, protecting and disclosing that information.  This Privacy Policy is only applicable to the Services and information we collect:

  • On the Site
  • In e-mail, text and other electronic messages between you and the Site
  • Through mobile and desktop applications you download from the Site which provide dedicated non-browser-based interaction between you and this Website

This Privacy Policy does not apply to any other website or digital service that you may be able to access through the Site or any website or digital services of AxS’s business partners, each of which may have data collection, storage and use practices and policies that may materially differ from this Privacy Policy.

  1. INFORMATION WE COLLECT

Personal Information

When you access the Services, we may ask you to voluntarily provide us with certain information that personally identifies or could be used to personally identify you (“Personal Information”). Personal Information includes (but is not limited to) the following categories of information:

  • Contact information, such as your name, address, e-mail address and phone number;
  • Demographic data, such as your gender, date of birth and zip code;
  • Insurance data, such as your insurance carrier, insurance plan, member ID, group ID and payer ID;
  • Payment information, such as your credit card number and billing address;
  • Medical data, such as the reasons for your visit, the dates of your visits, your medical history, and other medical and health information you choose to share with us; and
  • Other information about you that you voluntarily choose to provide to us.

We may also collect additional information, which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent.

Billing, Collection and Payment Information

When you make a payment through our Services to a Healthcare Provider (as further described in our Sale Terms), your payment card information is processed by our payment processing partner, Stripe (https://stripe.com). Stripe collects your voluntarily provided payment card information necessary to process your payment. Stripe’s use and storage of information it collects is governed by Stripe’s applicable terms of service and privacy policy. The information we store includes your payment card type and the last four digits of the payment card. We may provide to you the option to remove your stored payment card information through your account settings page.

Protected Health Information and HIPAA

Under a federal law called the Health Insurance Portability and Accountability Act (“HIPAA”), some of the contact, demographic, payment, and health and/or healthcare-related information that AxS collects as part of providing the Services may be considered “Protected Health Information” or “PHI”. When AxS receives health and healthcare-related information that identifies you, or could be used to identify you, from either you or your Healthcare Providers, this information is PHI.  If you elect to enter information into a Health Profile form (“Health Profile”), you authorize us to provide such information to your Healthcare Provider. You acknowledge and agree that such information will be reviewed by you prior to submission to ensure its accuracy. You also acknowledge that AxS may use the data or information you provide in your Health Profile in accordance with the terms of this Privacy Policy.  HIPAA provides specific protections for the privacy and security of PHI and restricts how PHI is used and disclosed. AxS may only use and disclose your PHI in the ways permitted by your Healthcare Provider(s) and HIPAA. Your Healthcare Provider may provide you with their own Notice of Privacy Practices.

Traffic Data

We also may automatically collect the following types of data when you use the Services:  (1) IP address; (2) domain server; (3) type of device(s) used to access the Services; (4) web browser(s) used to access the Services; (5) referring webpage or other source through which you accessed the Services; (6) geolocation information; and (7) other statistics and information associated with the interaction between your browser or device and the Services (collectively “Traffic Data”). Depending on applicable law, some Traffic Data may be Personal Information.

  1. HOW WE COLLECT INFORMATION

Collection of Information

We collect information (including Personal Information, PHI and Traffic Data) when you use and interact with the Services, and in some cases from third party sources. Such information includes:

  • When you use the Services’ interactive tools and services, such as searching for Healthcare Providers, searching for available appointments with Healthcare Providers and completing the Health Profile prior to Healthcare Provider appointments;
  • When you voluntarily provide information in free-form text boxes or in uploaded documents, pictures or medical records through the Services;
  • When you respond to surveys or questionnaires from us;
  • If you download and install certain applications and software we make available, we may receive and collect information transmitted from your computing device for the purpose of providing you the relevant Services, such as information that lets AxS know when you are logged on and available to receive update or alert notices;
  • If you download our mobile application, we may receive information about your location and mobile device;
  • Through cookies, web beacons, website analytics services and other tracking technology (collectively, “Tracking Tools”), as described below; and
  • When you use the “Contact Us” function on the Site, send us an email or otherwise contact us.

Tracking Tools

We may use tools outlined below in order to better understand users.

  • Cookies: “Cookies” are small computer files transferred to your computing device that contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the Services. We use Cookies to help us improve or tailor the Services by tracking your navigation habits, storing your authentication status so you do not have to re-enter your credentials each time you use the Services, customizing your experience with the Services and for analytics and fraud prevention.
  • We may use a type of advertising commonly known as interest-based or online behavioral advertising. This means that some of our business partners may use Cookies to display AxS ads on other websites and services based on information about your use of the Services and your interests (inferred from your online activity). Other Cookies used by our business partners may collect information when you use the Services, such as the IP address, mobile device ID, operating system, browser, web page interactions, the geographic location of your internet service provider and demographic information, such as gender and age range. These Cookies help AxS learn more about our users’ demographics and internet behaviors.

For more information on cookies, visit http://www.allaboutcookies.org.

  • Web Beacons: “Web Beacons” (a.k.a. clear GIFs or pixel tags) are tiny graphic image files imbedded in a web page or email that may be used to collect anonymous information about your use of our Services, the websites of selected advertisers and the emails, special promotions or newsletters that we send you. The information collected by Web Beacons allows us to analyze how many people are using the Services, using the selected advertisers’ websites or opening our emails, and for what purpose, and also allows us to enhance our interest-based advertising.
  • Website Analytics: We may use third-party website analytics services in connection with the Services, including, for example, to register mouse clicks, mouse movements, scrolling activity and text that you type into the Site. These website analytics services generally do not collect Personal Information or PHI through text that you type while using the telemedicine related Services, but may collect usage data, such as whether or not you provided a response or how much of your Health Profile is completed. We use the information collected from these services to help make the Services easier to use and as otherwise set forth in Section 4, Use of Information (below).
  • Mobile Device Identifiers: Mobile device identifiers are data stored on your mobile device that may track mobile device and data and activities occurring on and through it, as well as the applications installed on it. Mobile device identifiers enable collection of Personal Information (such as media access control, address and location) and Traffic Data. As with other Tracking Tools, mobile device identifiers help AxS learn more about our users’ demographics and internet behaviors.

Third-Party Use of Cookies or Tracking Tools

Some content or applications, including advertisements, on the Site may be served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your Personal Information or they may collect personally identifiable information about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content on other websites.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.  We have provided information about how you can opt out of receiving targeted advertising from many providers below.

Options for Opting out of Cookies and Mobile Device Identifiers

Some web browsers (including some mobile web browsers) allow you to reject Cookies or to alert you when a Cookie is placed on your computer, tablet or mobile device. You may be able to reject mobile device identifiers by activating the appropriate setting on your mobile device. Although you are not required to accept AxS’ Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services.

You may opt out of receiving certain Cookies and certain trackers by visiting the Network Advertising Initiative (“NAI”) opt out page or the Digital Advertising Alliance (“DAA”) consumer opt-out page. When you use these opt-out features, an “opt-out” Cookie will be placed on your computer or tablet indicating that you do not want to receive interest-based advertising from NAI or DAA member companies. If you delete Cookies on your computer or tablet, you may need to opt out again. For information about how to opt out of interest-based advertising on mobile device identifiers, please visit http://www.applicationprivacy.org/expressing-your-behavioral-advertising-choices-on-a-mobile-device.

Please note that even after opting out of interest-based advertising, you may still see AxS’ advertisements that are not interest-based or targeted specifically toward you. ). If you opt out of interest-based advertisements, AxS may still collect information about your use of the Services and may still serve advertisements to you via the Services based on information it collects through the Services.

Browser “Do Not Track” Signals

Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to websites that a visitor does not want to have his/her online activity and behavior tracked. If a website operator elects to respond to a particular DNT signal, the website operator may refrain from collecting certain Personal Information about the browser’s user. Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a DNT signal. For these reasons, many website operators, including AxS, do not take action to respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.

  1. USE OF INFORMATION

We use your Personal Information to provide the Services to you and to help improve them, including to:

  • Provide you with the Services and other products, services and information you request and to respond to correspondence that we receive from you;
  • Provide, maintain, administer or expand the Services, perform business analyses, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer;
  • Notify you about certain resources or Healthcare Providers we think you may be interested in learning more about;
  • Send you information about AxS or our products or Services;
  • Contact you when necessary or requested, including to remind you of an upcoming appointment;
  • Customize and tailor your experience of the Services, which may include sending customized messages or showing you Sponsored Offers related to goods or services that may be of interest to you based on information collected in accordance with this Privacy Policy;
  • Send emails and other communications that display content that we think will interest you and according to your preferences;
  • We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria;
  • Combine information received from third parties with the information that we have from or about you and use the combined information for any of the purposes described in this Privacy Policy;
  • Use non-individually identifiable statistical information that we collect in any way permitted by law, including with third parties in connection with their commercial and marketing efforts; and
  • Prevent, detect and investigate security breaches and potentially illegal or prohibited activities.

We may use information that is neither Personal Information nor PHI (including information that has been de-identified and aggregated) to better understand who uses AxS and how we can deliver a better healthcare experience (for example, testing different kinds of emails has helped us understand when and how patients prefer to get Wellness Reminders for preventive care), or otherwise at our discretion.

  1. DISCLOSURE OF INFORMATION

We may disclose your Personal Information, PHI and certain information that you provide to us or we collect from you as follows:

  • To the Healthcare Providers with which you choose to schedule through the Services for the purposes of:
    • Their provisions of treatment to you;
    • Enabling them to refer you to, or make appointments with, other Healthcare Providers on your behalf; or
    • Such Healthcare Provider’s health care operations, including conducting quality assessment review or service improvement planning activities.
  • To the insurance provider you identify to us (via our business partners), we may share your insurance-related Personal Information for the purposes of determining eligibility and cost-sharing obligations, and otherwise obtaining insurance benefit plan information,
  • We may share your Personal Information and PHI with Healthcare Providers in the event of an emergency.
  • We may share your Personal Information (but not PHI) with organizations that collect, aggregate and organize your information so they can make it more easily accessible to your Healthcare Providers.
  • We do not sell email addresses to third parties. You may voluntarily provide your e-mail address at your option to other providers who have referral links to their website from our Services.
  • We may share your Personal Information and Traffic Data with our business partners who perform core operational services for AxS (such as hosting, billing, fulfillment, data storage, security, insurance verification, or Website analytics set forth in Section 3 (Tracking Tools)) and/or by making certain features available to our users.
  • We may transfer your information to another company in connection with a merger, sale, acquisition or other change of ownership or control by or of AxS (whether in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.
  • We also may need to disclose your Personal Information, PHI or any other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with applicable law, regulation, court order or other legal process; (2) to prevent or lessen a serious and imminent threat to the health or safety of you, another person or the public; (3) enforce the Terms of Use with you; or (4) respond to claims that any posting or other content violates third-party rights.

We may disclose information that is neither Personal Information nor PHI (including information that has been de-identified and aggregated) at our discretion.  We may also disclose de-identified usage data to provide feedback on the Services to participating Healthcare Providers and/or to employers or insurance plan that contract with use to make our Services available to their employees or participants.

  1. STORAGE AND SECURITY OF INFORMATION

We store and process your information on our servers in the United States.. We maintain industry standard backup and archival systems.

We endeavor to follow generally accepted industry standards to protect the Personal Information and PHI submitted to us, both during transmission and in storage. All data is stored in encrypted format that meets standards defined by HIPAA. All data transfers are executed using secure socket layer technology.

Although we make good faith efforts to store Personal Information in a secure operating environment that is not open to the public, we do not and cannot guarantee the security of your Personal Information. If we become aware that your Personal Information has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent we know that information) as soon as reasonably possible and as permitted or required by law.

  1. AMENDING YOUR PERSONAL INFORMATION

If you are a registered user of the Services, you may review and modify the information you entered into your Health Profile..  You can modify your other Personal Information, including your username and password, by accessing the settings for your account.

If you wish to close your account, please email us at contact@axshealthapp.com.  We will delete your account and all of your Personal Information at your request as soon as reasonably possible. Please know that AxS does reserve the right to retain certain information from closed accounts in order to comply with law, prevent fraud, resolve disputes, enforce the Terms of Use and take other actions permitted by law.

  1. CHANGES TO THIS PRIVACY POLICY

AxS reserves the right to change the terms of this Privacy Policy at any time.  The process for changes to this Privacy Policy are described in our Terms of Use. If we change the terms of this Privacy Policy, the new terms will apply to all Personal Information AxS maintains, including information that was created or received before such changes were made.

  1. CONTACTS

If you have questions, concerns or comments regarding this Privacy Policy, please contact us at contact@axshealthapp.com or at:

AxS Healthcare, Inc.

1901 W. Lugonia Ave Suite 340

Redlands, CA 92374

ACCEPTABLE USE POLICY

Effective Date:  December 15th, 2015

This Acceptable Use Policy (“AUP”) is incorporated by reference into AxS Healthcare, Inc.’s (“AxS,”  “we,”  “us” or “our”) Terms of Use and, along with the other Terms of Use, governs your use of the Site and Services (as such terms are defined in the Terms of Use).  Any capitalized term used but not defined in this AUP shall have the meaning assigned in the Terms of Use.

BY VISITING, USING, REGISTERING, OR OTHERWISE ACCESSING THE SITE AND THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF USE (INCLUDING THIS AUP); IF YOU DO NOT AGREE, DO NOT USE THE SITE OR THE SERVICES.

  1. GENERAL; PROHIBITED USES

AxS determines acceptable behavior with respect to the Services as set forth in this AUP and elsewhere in the Terms of Use.  As part of your access to the Site and use of the Services, you agree that you will not:

  • use the Service in any unlawful manner;
  • fraudulently or intentionally misuse the Services;;
  • use the Services in any manner that is harmful, hateful, harassing, abusive, or otherwise offensive to any third party (including your Healthcare Provider), in AxS’ sole discretion;
  • interfere with or inhibit any other user from using or enjoying the Services;
  • use the Services as a means to distribute unsolicited or unauthorized communications, advertisements, or spam;
  • access or search the Services by any means other than the authorized public interface;
  • collect or use any Content that violates any third-party right (whether a privacy right, an intellectual property right, or otherwise);
  • create a false identity, impersonate another person or entity, otherwise misrepresent yourself, or create user accounts, book appointments or submit user-generated content by automated means or under false or fraudulent pretenses;
  • breach or otherwise circumvent any security measures incorporated into the Site or the Services; or
  • use the Services in any manner that is considered unacceptable by AxS.

Without limiting the foregoing, you also agree you will not, and will not attempt to:

  • interfere with or disrupt the functioning of the Services in any manner, including the functioning of any software, hardware, network or server connected to the Site or the Services;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • distribute or transfer in any manner the Site or the Services or any part of the Services to any third party;
  • modify, reformat, adapt, or translate the Site or the Services, the Content, or any part of the Services for any purpose;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, index, monitor, or copy any of the Site, the Content, or any Services;
  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • use any means, including software means, to conduct web scraping of any portion of the Site, the Content, or the Services.
  • incorporate by any means any of the Content into another application, website or service;
  • reverse-engineer or create derivative works based on any part of the Services for any purpose, commercial or otherwise;
  • visit the Site or use the Services in any manner (commercial or otherwise) other than for your personal use as a patient or prospective patient of a Healthcare Provider and customer of AxS;
  • use the Services, directly or indirectly, to engage in any anti-competitive, deceptive or unfair practices, or otherwise violate applicable antitrust, competition or consumer protection laws, or regulations;
  • collect or store personal data about other users in connection with the prohibited activities described in this AUP; or
  • visit the Site or use the Services in any manner that is inconsistent with the Terms of Use.

Our policy is to block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or other users.  We may deny access to the Site and the Services to those who violate this AUP.

  1. USER GENERATED CONTENT

As part of the Services, registered users may submit feedback to AxS on Healthcare Providers (the “Feedback”), may have the ability to post ratings based on interactions with Healthcare Providers through the Services (the “Ratings”) and may have the ability to submit information about their health condition, including information in the Health Profile and any documents or pictures (“Medical Information”).  All Feedback, Ratings and Medical Information (the “User Content”) must comply with this AUP and the other Terms of Use.  All Feedback, Ratings and Medical Information must be honest, true and made in good-faith based on your use of the Site and the Services.

You acknowledge and understand that the Feedback will be used internally by AxS and will not be viewable by the public, visitors to the Site, or other registered users. You further acknowledge and agree that the Ratings may be viewable by other registered users of the Site and the Services.  Like any Ratings you provide, which reflect your opinion, other Ratings reflect the opinions of other users and you should not rely on those Ratings as an indicator of the Healthcare Provider or a guaranty of a certain outcome. We reserve the right to publish your Ratings as part of the Services and remove your Ratings for any reason. We are not, however, responsible for any failure or delay in posting or removing any Ratings.

Without limiting the generality of the foregoing, this AUP, and the other Terms of Use, you acknowledge and agree that, with respect to all User Content:

  • you are solely responsible for any Feedback, Ratings or Medical Information that you submit, publish or display through the Services (as applicable);
  • you may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
  • you may not submit Feedback or Ratings that in any way:
    • are false, deceptive or misleading, or likely to deceive or mislead, in our sole discretion;
    • are harassing, offensive, discriminatory, sexually explicit, threatening, abusive, obscene, defamatory or libelous, in our sole discretion;
    • involves the transmission of unsolicited mass mailing or “spamming”;
    • violates, infringes or misappropriates the intellectual property or other rights of any person or entity;
    • promotes illegal activity or advocates or assists in unlawful conduct; or
    • violates antitrust, competition, or consumer protection laws.

We reserve the right to remove User Content to the extend it violates any of the above agreements and/or to terminate your account.  The foregoing is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. AxS reserves the right to investigate and take appropriate legal action in accordance with the Terms of Use.

  1. CONTACTS

If you have questions, concerns or comments regarding this AUP, please contact us at contact@axshealthapp.com or at:

AxS Healthcare, Inc.

1901 W. Lugonia Ave Suite 340

Redlands, CA 92374

SALE AND ADDITIONAL TERMS

Effective Date:  August 1, 2017

This policy on Sale and Additional Terms (the “Sale and Additional Terms”) is incorporated by reference into AxS Healthcare, Inc.’s (“AxS,” “us,” “we,” or “our”) Terms of Use (the “Terms of Use”) and governs the billing and payment terms related to your use of the Site and the Services. The Sale and Additional Terms also includes additional terms and conditions related to your use of the Site and the Services.

BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE SALES TERMS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE ADDITIONAL TERMS, YOU CANNOT USE THE SERVICES. Any capitalized term used but not defined in these Additional Terms shall have the meaning in our Terms of Use.

  1. FEES AND PURCHASE TERMS

The fees for telemedicine consultations with Healthcare Providers can be found upon registering for our Services. Fees are subject to change, and any changes will be posted for registered users on our Site. It is your responsibility to remain informed about the current rates. You must resolve any dispute between you or any Healthcare Provider arising from any transaction provided through the Services directly with the Healthcare Provider.

You will be required to provide AxS with a valid credit card or any other method of payment accepted by us (“Payment Provider”) when you set up your billing account within our Services (“Your Account”). By providing AxS with your credit card information or Payment Provider and associated payment information, you agree that AxS is authorized to bill Your Account at the time any payments are due and to charge your designated credit card or Payment Provider account. If any charges are subject to sales tax in the applicable jurisdiction, you also agree to pay the required sales tax and any related penalties or interest. AxS may automatically charge sales taxes for addresses within jurisdictions where such sales taxes are required. You are responsible for all fees and charges associated with Your Account.

If you cancel an appointment within 24 hours of the appointment time or do not use or report for your appointment, you will still be charged a fee for cancelled appointments. Except as stated in the Sale or Additional Terms or as otherwise agreed to in writing by AxS, all fees paid are non-refundable.

We use a third-party payment processor (the “Payment Processor”) to charge your credit card or Payment Provider account. The processing of payments in connection with your use of our Services will be subject to the terms, conditions and privacy policies of the Payment Processor and the Payment Provider responsible for your designated method of payment, in addition to AxS’ Privacy Policy and Terms of Use. You will promptly review all charges processed through the Transaction Processing Services, and immediately notify AxS Health to the extent you have any questions, concerns or disputes with respect to AxS’ charges. We are not responsible for any errors by the Payment Processor or the Payment Provider.

You acknowledge and agree that neither AxS nor our Payment Processer will be responsible in any manner if either we or our Payment Processer are unable to complete a payment transaction for any reason, including but not limited to:

  1. IF YOU HAVE NOT PROVIDED US WITH ACCURATE, CURRENT AND COMPLETE PAYMENT INFORMATION;
  2. IF YOU DO NOT HAVE SUFFICIENT AVAILABLE FUNDS OR AVAILABLE CREDIT TO COMPLETE THE TRANSACTION;
  3. IF YOU DO NOT HAVE AN ACTIVE PAYMENT CARD, OR IF WE ARE UNABLE TO CONFIRM YOUR PAYMENT CARD INFORMATION OR YOUR IDENTITY;
  4. IF YOUR ACCESS TO THE SERVICES, YOUR ACCOUNT WITH US OR YOUR ACCOUNT WITH YOUR PAYMENT PROVIDER HAS BEEN TERMINATED OR SUSPENDED FOR ANY REASON;
  5. IF THE SERVICE PROVIDED BY OUR PAYMENT PROCESSER IS DOWN OR AVAILABLE FOR ANY REASON;
  6. IF WE OR OUR PAYMENT PROCESSER HAVE REASON TO BELIEVE THAT THE REQUESTED TRANSACTION IS UNAUTHORIZED; OR
  7. IF WE HAVE TERMINATED OR SUSPENDED THE SERVICES WE PROVIDE TO THE APPLICABLE HEALTHCARE PROVIDER.
  8. DESIGNATED PROVIDER SERVICES.

Certain Healthcare Providers may provide through the Services price information for their healthcare and related products and services (“Designated Provider Services”), and permit you to use the Services to pay for such Designated Provider Services.

Prior to scheduling an appointment for Designated Provider Services, please carefully review (a) the price information, and (b) all of the products and services that are included and excluded in each Designated Provider Service. Healthcare Providers are required to provide the applicable Designated Provider Service at or below the price indicated at the time of scheduling (“Designated Price”), unless you separately agree otherwise. Services in addition to or different from Designated Provider Services may be available, offered or rendered by Healthcare Providers. You and your Healthcare Providers are responsible for agreeing to any additional or different services. WE ARE NOT RESPONSIBLE FOR YOUR OR ANY HEALTHCARE PROVIDER’S FAILURE TO AGREE TO ANY ADDITIONAL OR DIFFERENT SERVICES.

  1. PAYMENT OF YOUR FINANCIAL OBLIGATIONS UNDER YOUR INSURANCE COVERAGE AND BENEFITS

Certain Healthcare Providers may permit you to use the Services to pay for all or a portion of your financial obligations under your insurance coverage and benefits (the “Insurance Payment Services”). While we endeavor to use reasonable efforts to validate your insurance information (for example, your copayment obligation), we make no guarantees and disclaim all warranties that the insurance information is correct since it is provided by the insurance provider or via a third-party clearinghouse. Please also keep in mind that (a) the insurance information is constantly being updated (for example, to reflect amounts you may have paid earlier towards your deductible); (b) you are likely to receive an explanation of benefits (or similar document) from you insurance company after you receive your Healthcare Provider’s services; and (c) you may owe your Healthcare Provider more than the amount you paid through the Insurance Payment Services.  You remain responsible for paying all amounts required by law and/or under your health insurance plan, including all cost-sharing obligations (such as, but not limited to, copayments, deductibles and other coinsurance obligations).

If you do not have insurance coverage for the telemedicine consultation, then you are responsible for the full fee charged for the Healthcare Provider’s care through our Services. If you choose not to provide any insurance information, then it is solely up to you to contact your health insurance plan, determine whether your coverage applies, and submit a claim if applicable.  In such event, you are responsible for the full fee charged for the Healthcare Provider’s care through our Services regardless of whether you are able to receive reimbursement from your health insurance plan for part or all of the cost.

  1. DEVICE COMPATIBILITY

AxS Company does not promise that the Site and the Services are compatible with all devices and with all versions/updates of all operating systems or firmware. If you update your operating system or firmware, your version of the application may not function properly. AxS may, but is not obligated to, provide updates to the application that improve compatibility with updated mobile devices.

  1. SMS/TEXT COMMUNICATIONS AND DATA CHARGES

We may send communications to you on your mobile telephone by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider.  Where the Site and the Service may require (or permit) use of wireless or cellular data to operate certain features or functions and transmit data, AxS is not responsible for your data access service or any charges related thereto. You are solely responsible for paying any applicable charges payable to your cellular, broadband and/or messaging provider(s).

  1. THIRD PARTY SOFTWARE

We may incorporate third party software as part of certain of the Services, including without limitation open source third party software. Your use of such third party software is subject to any and all applicable additional terms and conditions governing such use provided by the third party software provider. Where applicable, additional notices relating to the third party software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third party software.

  1. APPLE DEVICE AND APPLICATION TERMS

In the event you are accessing the Services via an application (“Application”) on a device provided by Apple, Inc. (“Apple”) or an Application obtained through the Apple App Store, the following shall apply:

  1. BOTH YOU AND AXS ACKNOWLEDGE THAT THE AGREEMENT (AS DEFINED IN THE TERMS OF USE) ARE CONCLUDED BETWEEN YOU AND AXS ONLY, AND NOT WITH APPLE, AND THAT APPLE IS NOT RESPONSIBLE FOR THE APPLICATION OR THE CONTENT;
  2. THE APPLICATION IS LICENSED TO YOU PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT SOLELY TO BE USED IN CONNECTION WITH THE SERVICE FOR YOUR PRIVATE, PERSONAL, NON-COMMERCIAL USE;
  3. YOU WILL ONLY USE THE APPLICATION IN CONNECTION WITH AN APPLE DEVICE THAT YOU OWN OR CONTROL;
  4. YOU ACKNOWLEDGE AND AGREE THAT APPLE HAS NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APPLICATION;
  5. IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, INCLUDING THOSE IMPLIED BY LAW, YOU MAY NOTIFY APPLE OF SUCH FAILURE; UPON NOTIFICATION, APPLE’S SOLE WARRANTY OBLIGATION TO YOU WILL BE TO REFUND TO YOU THE PURCHASE PRICE, IF ANY, OF THE APPLICATION;
  6. YOU ACKNOWLEDGE AND AGREE THAT AXS, AND NOT APPLE, IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS YOU OR ANY THIRD PARTY MAY HAVE IN RELATION TO THE APPLICATION;
  7. YOU ACKNOWLEDGE AND AGREE THAT, IN THE EVENT OF ANY THIRD PARTY CLAIM THAT THE APPLICATION OR YOUR POSSESSION AND USE OF THE APPLICATION INFRINGES THAT THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, APPLE WILL NOT BE RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT AND DISCHARGE OF ANY SUCH INFRINGEMENT CLAIM;
  8. YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY, AND THAT YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES;
  9. BOTH YOU AND AXS ACKNOWLEDGE AND AGREE THAT, IN YOUR USE OF THE APPLICATION, YOU WILL COMPLY WITH ANY APPLICABLE THIRD PARTY TERMS OF AGREEMENT WHICH MAY AFFECT OR BE AFFECTED BY SUCH USE; AND
  10. BOTH YOU AND AXS ACKNOWLEDGE AND AGREE THAT APPLE AND APPLE’S SUBSIDIARIES ARE THIRD PARTY BENEFICIARIES OF CERTAIN TERMS THE AGREEMENT TO THE EXTENT SUCH TERMS RELATE TO AN APPLICATION ON A DEVICE PROVIDED BY APPLE OR AN APPLICATION OBTAINED THROUGH THE APPLE APP STORE, AND THAT UPON YOUR ACCEPTANCE OF THE AGREEMENT, APPLE WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE ACCEPTED THE RIGHT) TO ENFORCE SUCH TERMS OF THE AGREEMENT AGAINST YOU AS THE THIRD PARTY BENEFICIARY HEREOF.
  11. CONTACTS

If you have questions, concerns or comments regarding the Sale and Additional Terms, please contact us at contact@axshealthapp.com or at:

AxS Healthcare, Inc.

1901 W. Lugonia Ave Suite 340

Redlands, CA 92374

INFORMED CONSENT OF TELEMEDICINE SERVICES

Telemedicine uses electronic communications enabling healthcare to be delivered by a medical care provider in one location to a patient in another location.  While this technology offers great convenience and in certain situations is a better means of healthcare delivery, recipients of telemedicine need to fully understand the limitations and risks associated with this technology.  

AxS Health telemedicine communications from your medical provider may be delivered via written messaging, video or a combination of the above.  The content of the information exchanged may include patient medical records, personal health information and medical images. AxS Health incorporates network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption or unauthorized access.

Expected Benefits of Telemedicine:

  • Improved convenience, enabling a patient to remain in his/her home or work while the medical care provider provides professional advice
  • Cost savings

Possible Limitations of Telemedicine:

  • The absence of a face to face and hands-on examination introduces the potential for important information to be missed which may adversely affect the recommended treatment.
  • Delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment.
  • In very rare instances, security protocols could fail, causing a breach of privacy of personal medical information.
  • In rare cases, a lack of access to complete medical records may result in adverse drug interactions, allergic reactions or other undesirable outcomes.
  • In rare cases, the medical care provider may determine that the transmitted information is of inadequate quality, thus necessitating a face-to-face communication with the patient.  

By checking the box providing “Informed Consent”, you acknowledge that you understand and agree with the following:

  1. I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine.  I understand that healthcare information obtained in the use of telemedicine, which identifies me, will be disclosed only as described in the HIPAA – Notice of Privacy Practices.
  2. I understand that I have the right to withhold or withdraw my consent to the use of telemedicine in the course of my care at any time, without affecting my right to future care or treatment.
  3. I understand the limitations of telemedicine and the absence of a hands-on examination may affect the accuracy of the diagnosis and appropriateness of the treatment plan offered.
  4. I understand that telemedicine may involve electronic communication of my personal medical information to medical practitioners who may be located in other areas, including out of state.
  5. I understand that I may expect the anticipated benefits from the use of telemedicine in my care, but that no results can be guaranteed or assured.
  6. I understand that a variety of alternative methods of medical care are available to me and that I may choose one or more of these at any time.
  7. I understand that my healthcare information may be shared with other individuals for scheduling and billing purposes. These people are required to maintain confidentiality of the healthcare information obtained.
  8. I understand that it is my responsibility to provide my telemedicine provider with detailed, accurate and complete information concerning my medications, medical history, and current symptoms.
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