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:
- 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.
- 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.
- 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.
- 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.
- 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”).
- REQUIRED AGE TO USE THE SITE AND THE SERVICES
- ACCESSING THE SITE AND SERVICES; ACCOUNT SECURITY
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.
- 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 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- INDEMNIFICATION AND RELEASE
- RESOLUTION OF DISPUTES
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.
- LIMITATION ON TIME TO FILE CLAIMS
- OTHER GENERAL TERMS
AxS Healthcare, Inc.
1901 W. Lugonia Ave Suite 340
Redlands, CA 92374
Effective Date: August 1, 2017
- 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
- INFORMATION WE COLLECT
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
Protected Health Information and HIPAA
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.
- 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.
We may use tools outlined below in order to better understand users.
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.
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.
- 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;
- 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;
- 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.
- 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 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.
- 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.
- 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.
AxS Healthcare, Inc.
1901 W. Lugonia Ave Suite 340
Redlands, CA 92374
ACCEPTABLE USE POLICY
Effective Date: December 15th, 2015
- GENERAL; PROHIBITED USES
- 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
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.
- USER GENERATED CONTENT
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.
- 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.
If you have questions, concerns or comments regarding this AUP, please contact us at email@example.com or at:
AxS Healthcare, Inc.
1901 W. Lugonia Ave Suite 340
Redlands, CA 92374
SALE AND ADDITIONAL TERMS
Effective Date: August 1, 2017
- 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.
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:
- IF YOU HAVE NOT PROVIDED US WITH ACCURATE, CURRENT AND COMPLETE PAYMENT INFORMATION;
- IF YOU DO NOT HAVE SUFFICIENT AVAILABLE FUNDS OR AVAILABLE CREDIT TO COMPLETE THE TRANSACTION;
- IF YOU DO NOT HAVE AN ACTIVE PAYMENT CARD, OR IF WE ARE UNABLE TO CONFIRM YOUR PAYMENT CARD INFORMATION OR YOUR IDENTITY;
- 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;
- IF THE SERVICE PROVIDED BY OUR PAYMENT PROCESSER IS DOWN OR AVAILABLE FOR ANY REASON;
- IF WE OR OUR PAYMENT PROCESSER HAVE REASON TO BELIEVE THAT THE REQUESTED TRANSACTION IS UNAUTHORIZED; OR
- IF WE HAVE TERMINATED OR SUSPENDED THE SERVICES WE PROVIDE TO THE APPLICABLE HEALTHCARE PROVIDER.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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:
- 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;
- YOU WILL ONLY USE THE APPLICATION IN CONNECTION WITH AN APPLE DEVICE THAT YOU OWN OR CONTROL;
- YOU ACKNOWLEDGE AND AGREE THAT APPLE HAS NO OBLIGATION WHATSOEVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APPLICATION;
- 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;
- 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;
- 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;
- 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;
- 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
- 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.
If you have questions, concerns or comments regarding the Sale and Additional Terms, please contact us at firstname.lastname@example.org or at:
AxS Healthcare, Inc.
1901 W. Lugonia Ave Suite 340
Redlands, CA 92374