Effective Date: February 2, 2018
DO NOT USE CARE CONVENE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
Your Use of Care Convene. Care Convene grants you a limited, nonexclusive, nontransferable, revocable license to use Care Convene and its services subject to the restrictions set forth in these Terms.
Care Convene is offered and available to users who are at least 18 years of age or older and reside in the United States of America or any of its territories or possessions. By using Care Convene, you represent and warrant that (i) you are of legal age to form a binding contract with Care Convene; (ii) you meet all of the eligibility requirements for doing so in the state in which you reside; and (iii) if you are agreeing to this Agreement on behalf of an entity, you have the requisite authority to bind that entity and its shareholders, partners, members, directors, officers, and managers to a contract. If the above conditions are not true, you must not use Care Convene. Care Convene is not intended for minors to use without the permission of a parent or guardian.
Informed Consent. By using the App, you are consenting to receive medical care via a telemedicine platform. The scope of care will be at the sole discretion of the healthcare provider who is treating you. The healthcare provider will determine whether or not the condition being diagnosed and/or treated is appropriate for a telehealth encounter via the App. Care Convene respects and upholds patient confidentiality with respect to protected health information as outlined by the Health Insurance Portability and Accountability Act (“HIPAA”) and, subject to HIPAA regulations, will obtain your express consent prior to sharing any of your protected health information with a third party for purposes other than treatment, payment, health care operations, or as otherwise provided below.
Authorization for Billing. By using the App, you authorize each provider you interact with, along with his or her professional practice, to bill any third parties, such as insurance companies, that may be responsible for your use of the App. By using the App, you also acknowledge that not all insurance companies will cover the charges for your use of the App and that you will be financially responsible for all charges for your use of the App. In particular, you acknowledge that government health care programs, such as Medicare and Medicaid, may not cover any charges for your use of the App. You also acknowledge that Care Convene or any of the providers you interact with through the App are not required to bill any third parties, including government health care programs, in connection with your use of the App.
Website Content. Other than information received directly by you from providers, the content on the App should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including regarding which medications or treatment may be appropriate for you. None of the content of the App represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation Care Convene doesn’t recommend or endorse any specific tests, providers, medications, products or procedures, other than those specifically recommended for you by a provider.
Access and Account Security. Care Convene reserves the right to withdraw or amend this App, and any service or material it provides on the App, in its sole discretion and without notice. Care Convene will not be liable if for any reason all or any part of the App is unavailable at any time or for any period, or if, as a result of such unavailability, you claim to suffer any damages. From time to time, Care Convene may restrict access to some parts of the App, or the entire App, to users, including registered users.
Your use of Care Convene is contingent upon you:
If you choose, or are provided with, a user name, password or any other piece of information as part of the App’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the App or portions of it using your user name, password, or other security information. You agree to notify Care Convene immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Care Convene has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Care Convene, at any time in our sole discretion for any or no reason, including, but not limited to, if, in our opinion, you have violated any provision of these Terms and/or any local, state, or federal law or regulation.
Intellectual Property Rights. The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by Meta PHR, LLC (which transacts business as “Care Convene”), its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree that you shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the App, except as follows:
You must not:
If you reverse engineer, decompile, disassemble, reproduce, or create any derivative works from the App in violation of these Terms, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by Care Convene. Any use of the App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The name and logo, and all related names, logos, product, and service names, designs, and slogans, of Care Convene are trademarks of Care Convene or their respective affiliates or licensors. You must not use such marks without the prior written permission of Care Convene. All other names, logos, product, service names, designs, and slogans on the App are the trademarks of their respective owners.
Information patients enter into Care Convene is, and will always remain, the property of the patient. Data will not be deleted in the event of provider separation. Providers will have access to their documentation through access via their login to Care Convene and through secure electronic fax after the visit discharge.
Prohibited Uses. You may use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:
Additionally, you agree not to:
Monitoring and Enforcement; Termination. Care Convene at all times shall have the right to terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms or local, state, or federal law or regulation. Care Convene has the right to refuse to provide access to or services through the App to any person or entity at any time, for any reason or for no reason at all, in their sole discretion, except for any reason that would violate applicable laws or regulations. Without limiting the foregoing, Care Convene has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS CARE CONVENE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY ADMINISTRATOR OF THE APP DURING OR AS A RESULT OF SUCH AN INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CARE CONVENE, AHOD, OR LAW ENFORCEMENT AUTHORITIES.
Use Care Convene at Your Own Risk. You agree that your access to and use of Care Convene and its services is at your own risk. Care Convene will not have any responsibility for any harm that results from your access to or use of the App, any related site, its content, or its services.
Disclaimer of Warranties. You understand that neither Care Convene guarantees nor warrants that files available for downloading from the internet or the App 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 the App for any reconstruction of any lost data. NEITHER CARE CONVENE NOR AHOD WILL 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 APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY OTHER SITE OR APP LINKED TO IT.
YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CARE CONVENE, NOR ANY OTHER PERSON ASSOCIATED WITH CARE CONVENE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER CARE CONVENE, NOR ANYONE ASSOCIATED WITH CARE CONVENE REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
CARE CONVENE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability.
IN NO EVENT WILL CARE CONVENE, THEIR AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, 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 APP, ANY APPS LINKED TO IT, ANY CONTENT ON THE APP OR SUCH OTHER APPS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER APPS, 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification. You agree to defend, indemnify, and hold harmless Care Convene and their respective affiliates, licensors, service providers, officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms or your use of the App, including, but not limited to, any use of the App's content, services, or products other than as expressly authorized in these Terms; (ii) your use of any information obtained from the App; (iii) any other party’s use of any information obtained by you from the App or an e-visit; (iv) any gaps in information about you provided by you or any other any party in connection with an e-visit by you using the App; and (v) any other claim arising out of the use of Care Convene.
Third Party Access. If you grant an employee, agent, volunteer, contractor, or any other third party access to your data, any such person shall be deemed to have read, understand, and agreed with these Terms. Under no circumstances shall Care Convene be liable for any action taken by any such person, including, but not limited to, data loss, data corruption, a violation of these Terms, or any action on another site or via a different entity which such person uses your data accessed on Care Convene.
Miscellaneous. No waiver of any breach of any provision of these Terms will be deemed a waiver of anypreceding or succeeding breach or of any other provision of these Terms. No extension of timefor performance of any obligations or acts will be deemed an extension of the time forperformance of any other obligations or acts.
In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Terms, but these Terms shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
These Terms are governed by the laws of the State of Michigan, and any disputes arising out ofthese Terms shall be litigated in a court of competent jurisdiction sitting in Kent County,Michigan, which shall apply the laws of the State of Michigan without giving effect to anychoice or conflict of law provision or rules.
Care Convene’s Service is controlled by facilities in the United States of America. Care Convene makes no representations that the App is appropriate or available for use in any locations outside the United States of America. If you access Care Convene from any location outside the United States of America, you do so at your own risk and you are solely responsible for your compliance with all local laws and regulations.
These Terms are the entire and exclusive agreement between Care Convene you regarding the App and the services of Care Convene, and these Terms supersede and replace any prior agreements between Care Convene and you regarding the App and the services of Care Convene.