Terms of Service
These Terms constitute a legal agreement between you and OVERTURE HEALTH CARE, LLC and its successors, parents, subsidiaries, affiliates and related companies or other companies under a common control that we may have now or in the future operate ("OHC", "we", "our" or "us"). As used in these Terms, the words "you" and "your" refer to you, the user of the OHC Service. The use of the word "including" in these Terms is used to refer to specific examples and will be construed to mean "including, without limitation" or "including, but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered. These Terms apply to the OHC website and mobile applications (the "Site") and the asynchronous telemedicine communication service we offer on the Site (together with the Site, the "Service"). These Terms govern your access to and use of the Service, so please carefully read them before using the Service.
By using the Service you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.
The following is a brief summary of these Terms:
The Terms describe your rights and responsibilities in connection with your use of the Service.
As between OHC and you, you own any content you post to the Service.
We will only use your content to the extent necessary to provide you with the Service.
Protecting your content is very important to us. We endeavor to keep your content secure against unauthorized access and disclosure using a variety of authentication and security processes and procedures.
PRIVACY AND SECURITY PROTECTIONS
OHC is committed to compliance with all privacy and security laws and regulations that apply to the provision of the Service to you. Such laws and regulations vary from country to country. The Terms apply to both national and international customers except to the extent otherwise noted or as required by applicable law.
For example, OHC complies with applicable U.S. laws and regulations, including the U.S. Health Insurance Portability and Accountability Act ("HIPAA"), governing the privacy and security of patients' protected health information. OHC's Privacy Policy and Security Policy have been adopted in furtherance of these compliance efforts.
ACCEPTANCE OF TERMS
Except as otherwise provided herein, by either (1) clicking to agree or accept to these Terms where these options are presented to you, or (2) following your initial acceptance of Terms during account creation, actually using or accessing the Site or any part of the Service, you signify your agreement to be bound by these Terms and all other policies or notices posted by us on the Site.
If you don't agree to these Terms, do not use the Service. You agree that your use of the Service will always be subject to the most current version of these Terms at the time of such use. It is your responsibility to review these Terms from time to time for any changes. If you use the Service after we have changed any of the Terms, you are agreeing to all of the changes. Again, if you do not agree, do not use the Service.
You may not accept these Terms if you are not authorized by applicable law to form a binding contract with OHC for the Service.
If you accept these Terms, you represent that you have the legal authority to form a contract with OHC and be bound by these Terms.
Depending on your activities when visiting the Site or using the Service, you may be required to agree to additional terms and conditions as indicated on the Site or via the Service.
HEALTH CARE PROVIDER-PATIENT RELATIONSHIP TERMS
The Service may be used as a tool to facilitate the creation of a patient’s personal visual health record and/or facilitate secure visual and text asynchronous communication between a medical patient and his or her existing team of Health Care Providers. By accepting the Terms, the patient and Health Care Provider agree to this.
For purposes of sharing medical information between a patient user of the Service and a Health Care Provider user of the Service, a Health Care Provider-patient relationship is established when one of the following conditions is met:
A patient user sends a request via the Service to connect to a Health Care Provider and it is accepted by the Health Care Provider.
A Health Care Provider adds a patient to the Health Care Provider's OHC account, with or without connecting to the patient.
A patient user uses an invite code their Health Care Provider has shared with them to create their account.
The Health Care Provider-patient relationship remains in effect until one of the following conditions is met:
A patient user terminates the connection to the Health Care Provider.
Either the patient or the Health Care Provider terminates his or her OHC account.
Once data is shared with the Health Care Provider, it will remain shared with the Health Care Provider. Terminating the connection will prevent the Health Care Provider from having access to any subsequent data uploaded and/or shared by the patient.
You agree never to use the Service for urgent matters. If you experience any adverse reactions or your medical condition worsens, or for any other urgent matters, you understand that it is your responsibility to seek emergency care immediately.
If at any time you are concerned about your, or your child's, care or the treatment prescribed by a healthcare provider through the Service, or you believe or someone else advises you that you or your child has or suspect that you or your child has a serious or life-threatening condition, call 911 in areas in which that service is available, or go to the nearest emergency room or open clinic.
USER AGREEMENT TO USE AND SHARING
You authorize OHC to use the information contained in your OHC profile to provide the Service and to share this information, in part or in its entirety, with those entities and individuals you designate. You understand that the designated individuals may share your health information with colleagues for the purpose of your treatment.
USER AGREEMENT TO USE AND SHARING - MINOR PATIENT
If the patient is under the age of 18, in order to use the Service, you must be authorized by applicable law to agree to use of the Service and sharing of the minor's information. Generally, a parent or legal guardian may create a Profile for a child and grant others access to the data unless prohibited by applicable law. In certain limited circumstances, minors may be legally entitled to act on their own behalf and may be legally authorized to create their own Profile and grant others access to the data. By accepting the Terms, you are representing that you have the legal authority to form a contract with OHC for the use and sharing of information pertaining to a minor patient. Once an account is created by an individual with legal authority to do so, a minor between the age of 13 and 17 may use the Service to access their Profile. U.S. federal law prohibits web site and internet service operators from collecting personal information from minors under age 13 without their parent or guardian's knowledge and consent. A parent or guardian who becomes aware that his or her child under the age of 13 has provided us with personally identifying information without their consent, should contact us at compliance@overturehealthcare.com. If we become aware that a child under the age of 13 has provided us with personally identifying information without consent of a parent or guardian, we will take steps to delete such information from our files.
PATIENT RESPONSIBILITIES
This site does not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your Health Care Provider or other qualified Health Care Provider with any questions you may have regarding a medical condition, diet, fitness or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the service.
It is the responsibility of the patient to follow the advice of their Health Care Provider and arrange any and all follow up in-office or online communication that is requested by the Health Care Provider. If a follow up appointment is requested and the patient does not either schedule or maintain the appointment, or even if the patient does follow up, OHC is not liable for any delay in diagnosis or treatment.
RESPONSIBLE USE
Files and other content in the Service may be protected by intellectual property rights of others. You agree not to copy, upload, download, or share files unless you have the right to do so. You, not OHC, will be fully responsible and liable for what you share, upload or otherwise use while using the Service. You will not upload spyware or any other malicious software to the Service.
CONTENT OWNERSHIP
We do not claim ownership of the content you submit through the Service. Your content remains your content. We also don't control, verify, or endorse the content that you and others make available through the Service. While we assume no responsibility to monitor content that you and others make available, we retain the right to remove any content at our discretion.
MEMBER ACCOUNT, PASSWORD AND SECURITY
The Service requires you to register by creating a user account. You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. This means that you may not set up an account using someone else's name or contact information, unless you are a parent or legal guardian authorized to set up and maintain an account for a child, and in no event may you set up an account using a phony name or phony contact information. You also will be required to choose a password and/or a PIN. You are entirely responsible for safeguarding your password, PIN, and account, and you agree not to disclose your login information to any third party. In connection with the registration process, you may be asked to acknowledge your acceptance to the Terms of the Service by electronic signature which will be authenticated by your use of your unique user name and password and which will be electronically date and time stamped on the date and at the time your electronic signature is made.
Furthermore, you are entirely responsible for any and all activities that occur under your account, whether or not you authorized that activity. You agree to notify OHC immediately of any unauthorized use of your account or any other breach of security, by sending an email to compliance@overturehealthcare.com.
OHC will not be liable for any loss that you may incur as a result of someone else using your password, PIN or account, either with or without your knowledge. However, you could be held liable for losses incurred by OHC or another party due to someone else using your account, PIN or password. You may not use anyone else's account at any time, without the permission of the account holder. You may not transfer your account to someone else. You will be liable for losses and damages incurred by us (or anyone else) due to the unauthorized use of your account. If your account is terminated, we will permanently delete your data from our servers to the extent feasible. We have no obligation to return data to you after your account is terminated unless otherwise specified or otherwise required by applicable law.
COMMUNICATION
It is your duty to provide true, accurate, current and complete personal information, including your current contact information and medical records as necessary for us to provide the Service to you.
You must not make any misrepresentations in the information you provide to OHC or your team of Health Care Providers. In order for the Service to function effectively, you must also keep your account information up-to-date and accurate.
Your communication is also governed by the Acceptable Use Policy, which governs the acceptable use of the Site and the Service.
SUBMITTED INFORMATION
You warrant and represent to us that you either own all the information you are submitting or have the right to submit the information. Furthermore, you warrant and represent that you have the right to allow us to make your information available to our employees and agents to view and use in connection with providing the Service without requiring that any such use be subject to additional obligations or terms except as otherwise required by applicable law.
MODIFICATIONS
We may revise these Terms from time to time and the most current version will always be posted on our website. We may communicate revisions to these Terms to you via email to the email address associated with your account or via notices displayed on the Site. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.
MISCELLANEOUS LEGAL TERMS
These Terms, including the incorporated policies and together with any additional terms and conditions as indicated on the Site or via the Service, constitute the entire and exclusive agreement between you and OHC with respect to the Service, and supersede and replace any other agreements, terms and conditions applicable to the Service. These Terms create no third party beneficiary rights. OHC’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void except as otherwise required by applicable law, but OHC may assign its rights without restriction. OHC and you are not legal partners or agents; instead, our relationship is that of independent contractors.
OHC PROPERTY
These terms do not grant you any right, title, or interest in the Service, Site, or the content in the Service (other than your personal information and any other content you post to the Service). The Software and other technology we use to provide the Service are protected by applicable intellectual property and other laws.
If you give feedback on the Service, such as recommendations for improvements or features, you hereby assign to OHC all right, title and interest in and to such feedback, and that feedback may be implemented as part of the Service without compensation to you.
All brand, product and service names and other brand features used in the Service that identify OHC or the Service are the trademarks or service marks of OHC or its licensors. Nothing in the Service or these Terms shall be deemed to confer on any person any license or right on the part of OHC or any licensor with respect to any such brand features.
WARRANTY DISCLAIMER
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "AS AVAILABLE" BASIS. OHC AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
OHC AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION OR PROMISE THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THAT THERE WILL BE NO ERRORS IN THE SERVICE. ANYTHING OBTAINED THROUGH USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND OHC SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE, OR FOR ANY OTHER LOSSES YOU MAY INCUR, RESULTING FROM YOUR USE OF THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, (A) IN NO EVENT WILL OHC, OR ITS AFFILIATES, DIRECTORS, OFFICERS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA, BUSINESS, OR PROFITS), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT OHC HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; AND (B) OHC'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER ANY THEORY OF LIABILITY SHALL IN NO EVENT EXCEED $100.
INDEMNITY
You agree to indemnify, defend, and hold harmless OHC, its affiliates and their respective directors, officers, employees and agents from and against any losses, costs, damages, liabilities and expenses (including reasonable attorneys' fees) arising out of any claims, actions, suits or proceedings related to your use of the Service, your violation of these Terms or of any rights of any third party, or any content or other information you submit to the Service. Your indemnification obligation will survive the termination of these Terms and your use of the Service.
TERMINATION AND SUSPENSION
We may terminate or suspend your permission to use the Service immediately and without notice upon any violation of these Terms, your failure to pay any fees when due, upon the request of law enforcement or government agencies, after extended periods of inactivity, for unexpected technical issues or problems, or in the event you engage in fraudulent or illegal activities. We also reserve the right to refuse, restrict, discontinue or terminate the Service (or any portions, components or features of the Service) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability as allowed by applicable law. If we terminate your use of the Service for any of these reasons or otherwise for cause, we will not refund any fees you may have paid.
AVAILABILITY
You acknowledge that temporary interruptions in the availability of the Service may occur from time to time, including the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that OHC, in its sole discretion, may elect to take. Under no circumstances will OHC be held liable for any damages due to such interruptions or lack of availability.
ADDITIONAL TERMS
Portions of the Service may be accompanied by additional terms that apply to specific features or areas of the Service or are required by applicable law. Those additional terms supplement these terms with respect to your use of those features or areas. (e.g. Authorized Use Policy, Security Policy, Privacy Policy)
GOVERNING LAW AND DISPUTE RESOLUTION
Except as otherwise required by applicable international law, these Terms are governed by laws of the state of Delaware, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Service and these Terms shall be the state and federal courts located in Trenton, New Jersey and each party hereby consents to the exclusive jurisdiction and venue of such courts.
You agree that if you want to bring a legal claim against us under these Terms, you must file your claim lawsuit within one year after the date on which you discovered or reasonably should have discovered the event that gave rise to your claim.
TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND OHC SPECIFICALLY AGREE TO DO SO IN WRITING.
If you do not wish to be bound by the foregoing class-action waiver, you must notify OHC in writing within 30 days of the date that you accept these Terms. Your written notification must be mailed to Overture Health Care, LLC ATTN: Legal , 15 Lagoon Drive South, Beach Haven, NJ 08008.
NOTICES
Notices to you may be sent via email or provided through links displayed on the Site. You understand and agree that notices and other information ("Communications") may be provided by OHC to you by electronic means (i.e., via email or by posting the information on the Site). The categories of Communications that may be provided by electronic means include:
These Terms and any amendments, modifications, or supplements;
Any breach notifications, as required under HIPAA or other applicable law;
Disclosures or notices provided in connection with the Service, including any required by federal or state or international law (including initial disclosures, periodic statements, initial and revised privacy notices; opt-out notices and change-in-terms notices);
Any other communication related to the Service.
All Communications will be deemed to have been received by you after it is posted on the site for 5 days, whether or not you have retrieved the Communication from the Site. An electronic Communication by email is considered to be sent at the time that it is directed by OHC’s email server to your email address, whether or not your receive it. You agree that these are reasonable procedures for sending and receiving electronic Communications.
You agree to promptly update your account records with OHC if your email address changes so that OHC may contact you electronically. You understand and agree that if we send you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider or you are otherwise unable to receive electronic Communications, OHC will be deemed to have provided the Communication to you.
Although we reserve the right to provide Communications in paper format at any time, you agree that we are under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of these Terms and any Communication that is important to you and retain the copy for your records. If you do not wish to receive these Terms or the Communications electronically, you may not use the Service.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account and stop using the Service. There are no fees to close your account, but a return data-handling fee may apply as allowed by law.
APPLE INC. APP STORE
The terms of this Agreement (“Terms”) apply to your use of the Service, including iOS applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
End-User License Agreement (EULA)
Both you and OHC acknowledge that the Terms are concluded between you and OHC only, and not with Apple, and that Apple is not responsible for the Application or the Content.
The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Service;
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 you the purchase price, if any, of the Application;
You acknowledge and agree that OHC, 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, OHC and not Apple, will 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 OHC 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 OHC acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
To the extent that the additional terms of the End-User License Agreement conflict with the Terms, the EULA shall control with respect to your use of the Service via the Application.
CONTACT US:
If you would like to contact us to provide feedback, comments or requests for technical support, and/or complaints or claim with respect to the EULA, you should contact us through our customer support department at info@overturehealthcare.com or call our support line at +(800) 997-0856.
If you have privacy questions, data security questions or concerns, you should contact us at compliance@overturehealthcare.com.
Updated August 29, 2019
Version 1.0