THE FOLLOWING SERVICE TERMS (THE "SERVICE TERMS") GOVERN YOUR USE OF THE CAMPUSMD, CAMPUSCOUNSELORS, CAMPUSNURSES, AND CAMPUSRXSERVICES (THE "SERVICES") OFFERED BY ACCESS HEALTH GROUP, LLC ("ACCESS HEALTH", "WE", "US" OR "OUR") THROUGH OUR WEBSITE LOCATED AT HTTP://WWW.CAMPUSMD.NET (THE "SITE").
THE TERMS "YOU", AND "YOUR" REFER, AS THE CASE MAY BE DEPENDING ON THE CONTEXT IN WHICH SUCH TERMS ARE USED BELOW, TO EACH USER OF THESITE AND EACH REGISTERED USER OF ONE OR MORE SERVICES(AND ALL PERSONS ACCESSING THE ACCOUNT OF ANY SUCH REGISTERED USER). WE MAY MODIFY, UPDATE AND/OR REPLACE THIS AGREEMENT AT ANY TIME AND FROM TIME TO TIME. YOU ACKNOWLEDGE AND AGREE THAT YOUR CONTINUED USE OF THE SITE AND/OR OF ONE OR MORE SERVICES AFTER WE MODIFY, UPDATE AND/OR REPLACE IT CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH MODIFICATIONS, UPDATES AND/OR REPLACEMENT VERSIONS. THUS, WE RECOMMEND THAT YOU REVIEW THESE SERVICE TERMS EACH TIME YOU VISIT THE SITE.
Please note that our Services consist of a means for subscribers to obtain advice, diagnosis, treatment and other services from third party doctors, nurses, and counselors remotely instead of having to travel to a physical location to obtain those services. In other words, we providea method of access. We do not provide the medical, counseling or other advisory services that can be accessed through our Services.
The following terms have the respective meanings ascribed to them for purposes of these Service Terms:
"Account Information" means the information that you give to us when you create an Account with us.
"CampusCounselors" means the Service through which Members are given access to experienced counselors (typically Masters level) by phone, online video chat and/or secure email for guidance, support and advice on a range of emotional, academic, and other concerns, as the same may be modified, enhanced, replaced and/or supplemented from time to time.
"CampusMD" means the Service through which Members are given access to physicians by phone, online video chat and/or secure email for diagnosis and treatmentof routine conditions and, when appropriate, a prescription, as the same may be modified, enhanced, replaced and/or supplemented from time to time.
"CampusNurses" means the Service through which Members are given access to registered nurses by phone, online video chat and/or secure email for triage and assessment and to be directed to the appropriate level of and venue for care, as the same may be modified, enhanced, replaced and/or supplemented from time to time.
"CampusRx" means the Service consisting of a prescription drug card that entitles Members to discounts on a variety of prescription drugs at participating accredited pharmacies in the United States, as the same may be modified, enhanced, replaced and/or supplemented from time to time.
"CampusRx Card" means the discount card issued to Members that subscribe to the CampusRx Service
"Care Provider" means a Network physician, nurse or counselor that provides healthcare related and/or other advisory services to users of the Services.
"Control Panel" means the control panel or other admin interface that allows you to manage your Account and use the Services.
"Intellectual Property Rights" means all patents, copyright and related rights, trademarks, service marks, moral rights, rights in confidential information and any other intellectual property rights in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights and all similar or equivalent rights or forms of protection in any part of the world.
"Laws" means all applicable federal, state and local laws, rules, regulations, ordinances, decrees governmental authorities, and court orders.
"Member" means someone that has created an Account and subscribed for one or more Services.
"Network" means the independent network of licensed physicians, registered nurses, counselors and/or other advisors that provide informational and diagnostic consultations through the Services.
"Person" means any natural person, partnership (whether general or limited), limited liability company, trust, estate, association, corporation or any other legal entity.
"Primary Medical Source" means a campus health center, primary care physician, specialist, emergency room, walk-in medical clinic and/or other qualified healthcare provider not associated with the Services.
"Service Results" means all information, advice, diagnoses, prescriptions, treatmentsand/or other acts or omissions obtained, received, given, taken and/or made by you and/or any Care Providerin connection with the Services and any prescription obtained in connection with the CampusRx Service.
Access to the Site Content may not be lawful by certain persons or in certain countries. You also acknowledge and agree that downloading of any object code or software by website users in restricted countries is prohibited. If you access the Site, you do so at your own risk and are responsible for compliance with all local, state, federal, national and international laws, rules, regulations, ordinances, judgments, decrees and treaties (collectively, "Laws") applicable to the jurisdiction from which you access the Site.
Not with standing any statement to the contrary in this Agreement, you will not use or attempt to use, and shall cause each other party under your control not to use or attempt to use, any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, avatars, or intelligent agents) to navigate or search the Site other than (a) the search engine and search agents available from the Site, if any, and (b) generally available third-party web browsers.
3.3 Prescriptions. The extent to which any Care Provider can prescribe you medication in connection with CampusMD is limited and governed by applicable Law, including that of the state in which you reside. You shall not request and Care Providers are prohibited from providing a prescription for any drug that (a) is deemed a Controlled Substance under the Controlled Substances Act (21 U.S.C. §801 et seq.) or otherwise prohibited by Law, (b) is used for a non-therapeutic purpose, and/or (c)that may be harmful or have a potential for abuse or addiction. We do not guarantee that you will receive a prescription when requested (or at all). All decisions regarding prescriptions are made exclusively by and at the discretion of the relevant Care Provider. You acknowledge that neither we nor any of our Suppliers (as defined below) are a drug fulfillment warehouse. In the event a Care Provider does prescribe medication for you, he or she will usually limit the supply to no more than thirty days. If you have a chronic illness or other condition requiring ongoing treatment, you should contact a Primary Medical Source. Use of the CampusRx Card merely provides a discount on prescriptions purchased at participating pharmacies and will not result in a claim being filed with your health insurance carrier. All such claims are your sole responsibility.
3.4 Treatment. All treatment recommendations and decisions are made exclusively by and at the discretion of the relevant Care Provider in accordance with applicable Law. You acknowledge and agree that a consultation may consist only of a Care Provider referring you to a Primary Medical Source or other professional, as appropriate in the Care Provider's discretion. DO NOT USE OUR SERVICES FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately. Your interactions with Care Providers are not intended to take the place of appointments with Primary Medical Sources. Please follow-up with your own healthcare providers as necessary and before seeking any new treatment. Do not disregard, avoid obtaining or delay obtaining medical advice from your regular healthcare providers because of information obtained via any of our Services.
3.5 Pricing; Payment. Pricing for the Services is published on the Site. All prices are subject to change at any time and from time to time in our sole discretion.In order to become a Member and use one or more of the Services, you must provide a valid credit card. You acknowledge and agree that you will be charged the stated price for the Service option(s) you select and you agree to pay that charge without dispute as long as you are a Member, irrespective of any claims or disputes you may have with any Care Providerregarding the quality, accuracy, completeness, effectiveness and/or timeliness of any Service Results. We do not accept insurance of any kind and we will not file any claim, provide any documentation and/or fill out any form relating thereto. Your agreement to pay us for Servicesis NOT contingent upon your ability to get reimbursement from any insurance or benefit plan, program or discount service of any kind.
3.6 Disclaimer. YOU ACKNOWLEDGE AND AGREE THAT (A) THE CARE PROVIDERSARE THIRD PARTIES WHO ARE NOT OUR EMPLOYEES AND WHO ARE NOT UNDER OUR CONTROL,(B) WE ARE MERELY ACTING AS A DISTRIBUTOR OF A SERVICE PROVIDED BY ONE OR MORE THIRD PARTY SUPPLIERS, WHICH MAY INCLUDE HY HOLDINGS, INC., DOING BUSINESS AS HEALTHIEST YOU AND/OR AMERICAN WELL CORPORATION (EACH, A "SUPPLIER”), AND (C) WE HAVE NO LIABILITY OR RESPONSIBILITY FOR CARE PROVIDERS OR FOR ANY CLAIMS OR DISPUTES YOU MAY HAVE WITH ANY CARE PROVIDER REGARDING THE QUALITY, ACCURACY, COMPLETENESS, EFFECTIVENESS AND/OR TIMELINESS OF ANY SERVICE RESULTS, (D) WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY CARE PROVIDER, INCLUDING, WITHOUT LIMITATION, THE LICENSURE STATUS AND/OR OTHER QUALIFICATIONS THEREOF,AND/OR ANY SERVICE RESULTS, (E) ALL CLAIMS, DISPUTES, PROBLEMS, ISSUES AND/OR COMPLAINTS REGARDING ANY CARE PROVIDERAND/OR ANY SERVICE RESULTS MUST BE ADDRESSED DIRECTLY WITH THE CARE PROVIDER (OR PHARMACY IN THE CASE OF THE CAMPUSRX SERVICE), PROVIDED, HOWEVER, THAT WE RESERVE THE RIGHT (BUT ARE NOT OBLIGATED) TO DEFINITIVELY RESOLVE ANY OF THE SAME, WHICH RESOLUTION YOU AGREE TO BE BOUND BY, (F) SITE CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE OF ANY KIND, (G) YOU WILL SEEK THE ADVICE OF A PRIMARY MEDICAL SOURCE IF YOU ARE IN ANY WAY UNSURE OF, DISAGREE WITH OR DO NOT UNDERSTAND ANY SERVICE RESULTS, (H) IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE THE ACCEPTABILITY, QUALIFICATIONS AND SUITABILITY OF ANY CARE PROVIDER TO MEET YOUR NEEDS, (I) IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER OR NOT ANY SERVICE CONSTITUTES A "QUALIFIED MEDICAL EXPENSE” OR SIMILAR TERM FOR ANY TAX OR OTHER REGULATORY PURPOSE, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH A HEALTH SAVINGS ACCOUNT, ARCHER MEDICAL SAVINGS ACCOUNT, FLEXIBLE SPENDING ACCOUNT AND/OR THE LIKE, AND (J) ANY INFORMATION YOU PROVIDE TO US IN CONNECTION WITH ANY SERVICE MAY BE SHARED WITH OUR SUPPLIERS AS NECESSARY FOR US AND THEM TO PROVIDE AND/OR PROCESS PAYMENT FOR THE SERVICES.
(a) at all times comply with all applicable Laws;
(b) notify us immediately if you know or have reason to suspect that there has been any unauthorized use of any Service and/or your Account;
(c) ensure that your Account Information reflectsyour correct name, postal address, phone, and email information at all times; and
(d) provide your Member number or otherwise verify your identity when using the Service so that the call center may verify your identity.
5.1 You represent and warrant that:
(a) all of your Account Information, including your identity and contact information, is true, correct, current and complete;
(b) all passwords or any other identifiers that you use in connection with any Service will at all times be kept confidential, used properly and will not be disclosed to any unauthorized Person;
(c) any activity carried out in connection with any Service which requires the use of passwords or other identifiers will be carried out by you or someone authorized to act on your behalf; and
(d) You accept full liability for all actions done, charges incurred and losses suffered by you for any activity carried out in connection with any Service which requires the use of your passwords or other identifiers, whether carried out with your authorization or not.
5.2 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICESARE PROVIDED BY US ON AN "AS IS” AND "AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANDEXCEPT AS EXPRESSLY SET FORTH IN THESESERVICE TERMS, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO THE SERVICES, SERVICE RESULTS AND/OR CARE PROVIDERS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (B) ANY WARRANTY THAT ANY SERVICE, ANY SERVICE RESULTS AND/OR CARE PROVIDER WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO AND USE OF ANY SERVICE, ANY SERVICE RESULTS, AND/OR ANY CARE PROVIDERWILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, AND/OR THAT ANY PARTICULAR CARE PROVIDER WILL BE PART OF THE NETWORK AND/OR AVAILABLE WHEN YOU USE THE SERVICES, INCLUDING FOR ANY SCHEDULED CONSULTATIONS, AND (C) ANY WARRANTY WITH RESPECT TO THE EFFECTIVENESS OF ANY SERVICE RESULTS AND/OR THE POSSIBILITY OR LIKELIHOOD OF YOUR MEDICAL CONDITION IMPROVING OR DECLINING AS A RESULT OF USING ANY SERVICE AND/OR YOU INCURRING ANY OTHER INJURY AND/OR MEDICAL CONDITION AS A RESULT OF USING ANY SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR ELECTRONIC, OBTAINED BY YOU FROM US, ANY OF OUR SUPPLIERS, AND/OR THROUGH THIS SITE OR ANY WEBSITE OF ANY OF OUR SUPPLIERS WILL CREATE ANY WARRANTY REGARDING ANY SERVICE, ANY SERVICE RESULTS, ANY CARE PROVIDER AND/OR THESE SERVICE TERMS NOT EXPRESSLY MADE HEREIN.
You hereby release and will defend, indemnify, and hold harmless to the maximum extent permitted by law, us, our parents, subsidiaries and affiliates, and our and their respective owners, directors, officers, managers, employees, service providers, suppliers, wholesale clients (including any school, employer, housing provider or other organization who may purchase on your behalf or otherwise arrange for your use of one or more Services), marketing partners (including any school, employer, housing provider or other organization who may have authorized us to market the Services to you),contractors, and agents (collectively, "Related Parties”) from and against any and all claims (which shall include claims, fines and/or penalties made or imposed by any government or agency thereof), damages, liabilities, costs and expenses, including reasonable legal fees and expenses, incurred arising out of or relating to (a) your breach of these Service Terms, including, without limitation, any representations, warranties, covenants and/or obligations contained herein, (b) your use or misuse of any Service, (c) any Service Results, and/or (d) your acts or omissions in connection with any interaction with and/or conduct towards a Care Provider. All Related Parties are third party beneficiaries of this Agreement for purposes of your indemnity obligations.
NOTWITHSTANDING ANYTHING IN THESE SERVICE TERMS TO THE CONTRARY, IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES OR AFFILIATES, AND/OR OUR OR THEIR RESPECTIVE RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, FOR ANY LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN CONNECTION WITH ANY SERVICE, ANY SERVICE RESULTSAND/OR CARE PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY RESULTING FROM EVENTS BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, FIRE, SHORTAGE OF LABOR OR MATERIALS, INCLEMENT WEATHER, INSURRECTION, TERRORISM, AND ACTS OF GOVERNMENT. NOTWITHSTANDING ANYTHING IN THESE SERVICE TERMS TO THE CONTRARY, IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU IN CONNECTION WITH OR ARISING OUT OF ANY SERVICE, ANY SERVICE RESULTS, AND/OR ANY CARE PROVIDEREXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE CALENDAR MONTH DURING WHICH THE ACT, OMISSION, OR EVENT GIVING RISE TO ANY CLAIM OCCURRED.
Notwithstanding anything in these Service Terms to the contrary, and without prejudice to our other rights and remedies, we may in our sole discretion modify, suspend or terminate any one or more Services (in whole or in part, temporarily or permanently and for one, some or all users) at any time and from time to time with or without notice.We also may terminate your Account in the event of any breach of or other failure to comply with these Service Terms.
Access Health has partnered with one or more Suppliers that arrange for one or more Networks of Care Providers to be accessible to Members through the Services. All Care Providersadvise, diagnose, treat, prescribe, guide and otherwise provide Service Results at their own discretion subject to applicable Law. Access Health does not directly provide or arrange for any Service Results, nor does it knowingly maintain any medical information about you for purposes of providing or facilitating care.
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED BY OUR SUPPLIERS AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY AND REPORT ANY GRIEVANCE TO: ACCESS HEALTH PRIVACY OFFICER, 4929 BETHESDA AVENUE, BETHESDA, MARYLAND 20814.
The Health Insurance Portability & Accountability Act of 1996 (HIPAA) is a Federal program that requires that all medical records and other individually identifiable health information used or disclosed by our Suppliers in any form, whether electronically, on paper, or orally, are kept properly confidential. This Act gives you significant new rights to understand and control how your health information is used. HIPAA provides penalties for covered entities that misuse personal health information.
Our Suppliers have prepared this "Summary Notice of HIPAA Privacy Practices” to explain how they are required to maintain the privacy of your health information and how they may use and disclose your health information. A Notice of HIPAA Privacy Practices containing a more complete description of the uses and disclosures of your health information is available to you upon request.
Our Suppliers may use and disclose your medical records for each of the following purposes: treatment, payment, and health care operations.
Our Suppliers also may create and distribute de-identified health information by removing all references to individually identifiable information.
Our Suppliers may contact you to provide information about their services or other health-related services that may be of interest to you.
Any other uses and disclosures will be made only with your written authorization. You may revoke such authorization in writing and our Suppliers are required to honor and abide by that written request, except to the extent they may already have taken actions relying on your authorization.
You have the following rights with respect to your protected health information, which you can exercise by presenting a written request addressed to the attention of the Access Health Privacy Officer, at the address above.
a. You have the right to ask for restrictions on the ways our Suppliers use and discloses your health information for treatment, payment and health care operations. You may also request that our Suppliers limit their disclosures to persons assisting your care. Our Suppliers will consider your request, but they are not required to accept it.
b. You have the right to request that you receive communications containing your protected health information from our Suppliers by alternative means or at alternative locations. For example, you may ask that our Suppliers only contact you at home or by mail.
c. Except under certain circumstances, you have the right to inspect and copy medical, billing and other records used to make decisions about you. If you ask for copies of this information, we or our Suppliers may charge you a nominal fee for copying and mailing.
d. If you believe that information in your records is incorrect or incomplete, you have the right to ask us or our Suppliers to correct the existing information or add missing information. Under certain circumstances, your request may be denied, such as when the information is accurate and complete.
e. You have a right to receive a list of certain instances when our Suppliers have used or disclosed your medical information. If you ask for this information from us or from our Suppliers more than once every twelve months, you may be charged a fee.
10.1 Entire Agreement. The Agreement, of which these Service Terms are a part, contains the entire agreement between you and us with respect to the subject matter hereof and supersedes and replaces any prior written or oral agreements, representations or understandings between us. You acknowledge and agree that you have not relied on any statement, representation and/or warranty that is not expressly incorporated into this Agreement.
10.2 Waiver. No failure or delay of ours to exercise any right or remedy under these Service Terms will operate as a waiver thereof; and no single or partial exercise or waiver of any such right or remedy will preclude any other or further exercise thereof or of any other right or remedy. We will not be deemed to have waived any claim arising out of these Service Terms, or any right or remedy under these Service Terms, unless the waiver of such claim, right or remedy is expressly set forth in a written instrument duly executed and delivered on our behalf; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
10.3 Severability. If any term or provision of these Service Terms or the application thereof to any Person or circumstance is found to be invalid or unenforceable, the remainder of these Service Terms will be unaffected thereby and each remaining term or provision of these Service Terms will be valid and enforced to the fullest extent permitted by law. In addition, the portion held to be invalid will be deemed modified to the least extent possible so that it becomes valid and enforceable in a manner as closely matching the original intent as possible.
10.4 Notices. Any notice or other communication required or permitted to be delivered to you under or with respect to these Service Terms may be delivered via electronic mail to the email address set forth in your Account Information, which notice will be deemed effective when sent. Any notice or other communication required or permitted to be delivered to us under or with respect to the Agreementshall be in writing and delivered by hand, by registered or certified mail postage prepaid with return receipt, or by nationally recognized courier or express delivery service with tracking capability to the following address: Access Health Group, LLC, 4929 Bethesda Avenue, Bethesda, MD 20814, Attention: Chief Executive Officer. Such notice shall be deemed properly delivered, given and received when delivered or refused (as confirmed by the return receipt or carrier tracking information if notice was effected by either mail or courier).
10.5 Construction. The descriptive headings used in these Service Terms are inserted for convenience of reference only and will not affect the interpretation of these Service Terms. Throughout these Service Terms, (a) words in the singular include the plural and in the plural include the singular, and (b) any obligation not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
10.6 Governing law; Jurisdiction. All aspects of theseService Terms and the Service will be governed by and construed in accordance with the laws of the state of Marylandwithout reference to the conflict of laws principles of such jurisdiction. All disputes, claims and/or controversies in any way relating to or arising out of these Service Terms, the Services, the Service Results and/or any Care Providerwill be brought and heard exclusively (a) for those brought by you, in the state or Federal (if a basis for Federal jurisdiction exists) courts located in or nearest to Rockville, Maryland, and (b) for those brought by us or any of our Related Parties in the state or Federal (if a basis for Federal jurisdiction exists) courts located in or nearest to Rockville, Maryland or in any court located in a jurisdiction in which you reside, are organized or incorporated, and/or from where you accessed the Site. You hereby irrevocably consent to the personal and subject matter jurisdiction of such courts and waive any claim that such courts represent an inconvenient or otherwise inappropriate venue or forum. We control and operate the Site and provide access to the Servicesfrom our offices in Bethesda, Maryland. We do not represent or warrant that the Site and/or any Service is or are appropriate or available for use in other locations. Persons who choose to use one or more of the Services and/or access the Site from other locations do so on their own initiative, and are responsible for compliance with local Laws, if and to the extent applicable.
These Service Terms were last updated on September 12, 2013and became effective on such date.