www.atgohealthcom, including but not limited to the third-party operated secure portal https://gethealthie.com/ (the“Secure Portal”), as well as any online features, services, programs and/or mobile application(s) offered by COMPANY (collectively, the “Web Site”). By accessing or using
the WebSite, you agree to the following Terms
. You should review these Terms
regularly as they may change at any time at the sole discretion of COMPANY. If you do not agree to any portion of these Terms
,you should not access or otherwise use
the Web Site.
“Content”refers to any text, materials, documents, images, graphics, logos, design,audio, video and any other information provided from or on, uploaded to and/or downloaded from the Web Site.
We will make an effort to update this web page with any changes to these Terms
and/or to the services described in these Terms
and you are encouraged to review these Terms
frequently (the date of the most recent revision to these Terms
appear at the end of these Terms
1. MEDICAL ADVICE. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911”IMMEDIATELY.
This Web Site, its products, services and related mobile application(s) are NOT FOR MEDICAL EMERGENCIES OR URGENT SITUATIONS. Through the Web Site, COMPANY operates various online services, including, but not limited to secure, high-definition,real-time, video, telephone, online chat and message consultations, from providers that are registered doctors with the national or regional medical council (the “Providers”) and from COMPANY’s wellness professionals. The Web Site enables eligible patients(“Patients”) to receive various types of healthcare information and telemedicine services which include but are not limited to the provision of both initial patient evaluations, existing patient consultations and patient care, and cross-coverage patient care (the “Online Services”). The Online Services do not replace your existing primary care physician relationship but is intended to supplement that relationship for non-emergency medical needs. For purposes of clarity, COMPANY does not consider you or an individual seeking treatment or consultation to be a “Patient” until a preliminary assessment is completed, and the individual has been notified that he or she has been accepted as a patient.2. PERSONAL DATA.
3. INFORMED CONSENT; COMPANY’S BUSINESS AFFILIATES.
(b) LABORATORY TESTS.
During and upon your completion of your consultation with a Provider, your Provider may or may not prescribe laboratory tests to be performed based on your condition. Provider will provide such prescription(s) and related form(s) through the Secure Portal and you will be responsible for completing the form(s) and obtaining such test(s) at your local laboratory and/or testing center. Once the test result(s) are available, you will be responsible for uploading the result(s) to the Secure Portal for review during a scheduled follow-up consultation with a Provider.
Upon completion of your consultation with a Provider, your Provider may or may not prescribe medication based on your condition. Controlled substances, such as pain medication, will NOT be prescribed through a telemedicine consultation. If applicable, COMPANY will send prescription(s) to COMPANY’S business affiliate pharmacy, Vasco RX, for fulfillment unless otherwise notified by you. You will be required to create a user account with Vasco RX to provide payment and shipment information. If you are entitled to covered or subsidized medical prescriptions through your personal insurance coverage, COMPANY will share with them your date of consultation, name, contact details, date of birth, and policy or membership number to assist in coverage or reimbursement.
(d) COMPANY BUSINESS AFFILIATES.
To the extent applicable to your Online Services, you acknowledge that certain products and services, including but not limited to the Secure Portal, your Health Record, the above-mentioned laboratory tests and prescriptions, are provided by our third-party business affiliates. You agree that you will comply with the terms and conditions of such third-party business affiliates including its applicable rules, policies, laws and regulations. 4. DISCLOSURE OF YOUR INFORMATION OR HEALTH RECORD.
• to COMPANY employees, service providers, attorneys or collection agents in the course of their duties;
• where disclosure is necessary for completing payments, or to resolve a problem related to a payment;
• to personal authorized by law in the course of their official duties;
• to comply with a government agency or court order, such as a lawful subpoena; or
• if you give COMPANY written permission (including by email).
5. ACCEPTANCE OF TERMS.
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms
,conditions, obligations, affirmations, representations, and warranties set forth in these Terms
, and to abide by and comply with these Terms
.In any case, you affirm that you are over the age of 13, as THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN
6. SITE USE AND CONTENT.
You may view, copy or print pages from the Web Site solely for personal, non-commercial purposes.You may not otherwise use
, modify, copy, print,display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of COMPANY. At any time, we may,without further notice, make changes to the Web Site, to these Terms
and/or to the Online Services described in these Terms
7. USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.
(e) ONLINE ACCOUNT ACCESS. For access and use of certain features and Online Services available through the Web Site, we require the use
of encryption technologies provided for your protection and your use
of a user identification name (“UserID”) and password after setting up a user account (“User Account”). The password protected portions of the Web Site are located in the Secure Portal and are operated by a third-party. The Secure Portal allows you to access the OnlineServices, access your Health Record submitted by you and/or your Provider orwellness professional. In these Terms
,“you” and “your” refer to each person or patient, or each person that has access to your User Account with your permission (“Authorized User”). For purposes of clarity, Authorized User(s) may not use the Online Services, and you may never use
another person’s User Account and/or UserID without permission or to use Online Services.
(f) USER ACCOUNT AND PASSWORD. We use
reasonable precautions to protect the privacy of your UserID, password and User Account information. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties. You agree to immediately notify COMPANY of any unauthorized use
of your UserID, password and/or User Account, or any other breach of security by email at email@example.com or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use
other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
(g) RELIANCE BY COMPANY. You authorize COMPANY to rely on your UserID and password to identify you when you use
the Online Services, and as binding signature authorization for any payment made by User Account. You acknowledge and agree that you are responsible for all payments made using
your User Account and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use
the Online Services or give them your UserID and/or password, you are responsible for any payment that person makes to your User Account, even if the person exceeds your authorization.
(h) ELECTRONIC COMMUNICATION.(i) Email and Online Message Center. When you register for a User Account in the SecurePortal, you must designate a primary email address that will be used for receiving electronic communication. To the extent that COMPANY maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by COMPANY for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your User Account(s)with COMPANY.
(ii) Usage of Electronic Communication. By your enrollment in the Secure Portal, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that COMPANY may respond to any communication you send to COMPANY with an electronic communication, regardless of whether your original communication with COMPANY was an electronic communication. Any electronic communication COMPANY sends to you will be considered received within two (2) calendar days of the date such communication is sent by computer servers utilized by COMPANY to the email address you designate in your User Account profile or posted to COMPANY’s online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to COMPANY will not be effective until COMPANY has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with COMPANY immediately and, in no event, should your sole method of communication with COMPANY regarding any emergency be by electronic communication. COMPANY strongly suggests that you report all matters requiring immediate attention to COMPANY by emailing firstname.lastname@example.org.
(i) ACCURATE INFORMATION. In creating and using
your User Account on the Secure Portal and Web Site, you agree to: (i) provide true, accurate, current and complete information about yourself; and (ii)maintain and promptly update your data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or COMPANY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, COMPANY has the right to suspend or terminate your User Account and refuse any and all current or future use
of your User Account.
(j) TERMINATION OF ACCOUNT. COMPANY reserves the right to terminate your use
of your User Account, the Secure Portal and Online Services for any reason including inactivity or in appropriate use, and at any time without notice to you. You have the right to terminate your User Account by emailing COMPANY and/or by writing to COMPANY at the address provided at the end of these Terms
. Any termination of your User Account, whether initiated by you or by COMPANY, will not affect any of your or COMPANY’s rights and obligations under these Terms
that have arisen before the effective date of such termination, including, but not limited to, payment obligations.
The Web Site has public portions that allow anyone to educate themselves on the Online Services available from COMPANY. To utilize the Online Services through the Secure Portal, including consultations with Providers and wellness professionals, you must have an active User Account and either an active subscription to the Online Services or pre-paid tokens for Online Services. COMPANY offers several tiered monthly subscription packages with a minimum six (6) month contract period (the “Subscriptions”), and/or single self-pay options. Once payment is received for Subscriptions and/or self-paid Online Services, you will receive “tokens” for your purchased services. Please see the Web Site for more information on Subscriptions and self-pay options and the use of tokens. INSURANCE IS NOT ACCEPTED BY COMPANY FOR ITS SUBSCRIPTIONS AND/OR SELF-PAID SERVICES.
(b) EXISTING SUBSCRIPTIONS.
COMPANY offers tiered monthly subscription packages (please see the website for up-to-date details on the Subscription offerings). Active users with an existing subscription may upgrade to a higher-tiered subscription package at any time (the first month of the new subscription will be pro-rated, if applicable). If you choose to upgrade your subscription package, your current subscription and existing agreement with COMPANY will be canceled and terminated without penalty, and you will enter into a new agreement with COMPANY under the new subscription package. For purposes of clarity, you acknowledge and agree that the minimum six (6) month contract period for new subscriptions will reset with each subscription upgrade in accordance with the new agreement.
Fees for Subscriptions and/orself-pay Online Services are due and payable prior to the rendering of services through the Web Site. COMPANY accepts credit cards via Stripe and/or PayPal (the“Payment Method”). Upon registration of your User Account, first Subscription payment and/or first Online Service purchase, you will be required to select and input your Payment Method. You authorize COMPANY to charge your Payment Method on file. NO refunds will be provided once your Payment Method has been successfully charged.
All Subscriptions must remain active for a minimum of six (6) months
– NO EXCEPTIONS WILL BE MADE
. All Subscriptions must be canceled no less than thirty (30)days
prior to the next Subscription period in accordance with the“Termination of Account” section, provided the Subscription has been active and paid in full for a minimum of six (6) months. NO refunds or credits will be provided for any Subscription otherwise.
For purposes of clarity, you may provide notice of cancellation or termination prior to the end of the minimum six (6) month period, but your Subscription will remain active and your Payment Method will be charged accordingly until the full minimum period has been met. You are solely responsible for properly canceling your Subscription and/or UserAccount. NO refunds or credits will be provided for any single self-pay Online Service purchased.
(e) QUESTIONS ABOUT PAYMENTS.
In case of questions about Payments, you should notify COMPANY at once by email at email@example.com, or through the online message center (if applicable).
(f) COMPANY DISCLAIMERS
. By merely providing access to the Web Site, COMPANY does not warrant or represent that:
(a) the Content is accurate, complete,up-to-date or current; (b) COMPANY has any obligation to update any Content;(c) the Content is free from technical inaccuracies or typographical errors;(d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Web Site will be free from interruptions, errors,computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the WebSite is accurate or complete. Your use
of the Web Site and theOnline Services offered therein are subject to federal law, and the applicable laws of the State of Arizona (“Applicable Law”).
(g) NOWARRANTIES; INDEMNIFICATION.YOU EXPRESSLY AGREE THAT YOUR USE
OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE, THE ONLINE SERVICES AND THE CONTENT IS PROVIDED“AS IS” AND “AS AVAILABLE” FOR YOUR USE
, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY PROVIDES THE WEB SITE AND THE ONLINE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE ONLINE SERVICES, OR THE CONTENT ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED,THAT THE WEB PAGES ON THE WEB SITE, THE ONLINE SERVICES, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED
IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROPDEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING
THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TOBE. COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE
THE WEB SITE AND/OR THE ONLINE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING,OR THAT COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AND/OR THE ONLINESERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(h) INDEMNIFICATION. You agree to defend, indemnify and hold COMPANY and its Providers, its wellness professionals, and their respective affiliates,subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments,losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by COMPANY, directly or indirectly, with respect to or arising out of: (i) your use of the Web Site including any linked third-party sites, the Secure Portal and/or the Online Services; (ii) your failure to comply with these Terms
; (iii) your breach of your obligations under these Terms
; (iv) your use
of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (v) your violation of any third party right,including without limitation any copyright, property, or privacy right.
10. LIMITATION OF LIABILITY.
COMPANY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE
OF THE WEB SITE AND/OR THE ONLINE SERVICES PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH COMPANY. EXCEPT FOR THE ACTUAL CHARGES DESCRIBED IN THESE TERMS, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE
OF THE WEB SITE AND/OR ANY SERVICES PROVIDED IN CONNECTION WITH THE WEB SITE AND/OR THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE
OF THE WEB SITE, THE ONLINE SERVICES AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE,INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE
OF THE WEB SITE, THE ONLINE SERVICES AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE,(C) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR COMPUTER SERVERSAND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, THE ONLINE SERVICES AND/ORANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, AND/OR (E) ANY VIRUSES,WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE, THE ONLINE SERVICES AND/ORANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE BY ANY THIRD PARTY OR FORANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 11. THIRD PARTY CONTENT.
(a) COMPANY may provide hyperlinks to other websites maintained by third parties, or COMPANY may provide third party content on the Web Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER COMPANY’S CONTROL AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third-party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship,affiliation, joint venture or partnership by or with COMPANY. A web site that links to the Web Site: (i) may link to, but not replicate, COMPANY’s Content;(ii) may not create a browser, border environment or frame COMPANY’s Content;(iii) may not imply that COMPANY is endorsing it or its products; (iv) may not misrepresent its relationship with COMPANY; (v) may not present false or misleading information about COMPANY’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
12. COPYRIGHT AND TRADEMARKS.
The trademarks, service marks and logos used
and displayed on the Web Site are COMPANY’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. COMPANY is the copyright owner or authorized licensee of all text and all graphics contained on the WebSite. All trademarks and service marks of COMPANY that may be referred to on the Web Site are the property of COMPANY. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use
any of COMPANY’s trademarks or service marks without COMPANY’s prior written permission. COMPANY aggressively enforces its intellectual property rights.Neither the name of COMPANY nor any of COMPANY other trademarks, service marks or copyrighted materials may be used
in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind,whether relating to the Web Site or otherwise, without COMPANY’s prior written permission. If you believe that any Content on the Web Site violates any intellectual property right of yours, please contact COMPANY at the address or email address set forth at the bottom of these Terms
13. LOCAL LAWS.
COMPANY makes no representation that content or materials in the Web Site are appropriate or available for use
in jurisdictions outside the State of Arizona. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. COMPANY is not responsible for any violation of law. You may not use
or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site, these Terms
and theOnline Services shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state of Arizona. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the State of Arizona. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
Information that COMPANY publishes in the WebSite may contain references or cross-references to products, programs or services of COMPANY that are not necessarily announced or available in your area. Such references do not mean that COMPANY will announce any of those products, programs or services in your area at any time in the future. You should contact COMPANY for information regarding the products, programs and services that may be available to you, if any.
User Accounts and UserIDs are non-transferable,and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her UserID and password. You may not assign these Terms
, in whole or in part,or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by COMPANY unless acknowledge by COMPANY in writing. COMPANY has no obligation to provide you with written acknowledgment. COMPANY may, at any time and in its sole discretion, assign these Terms
, in whole or in part,or delegate any of our rights and responsibilities under these Terms
to any third party or entity.
16. TERMINATION OF USER ACCOUNT AND/OR ONLINE SERVICES.
We may terminate your User Account or right to access secured portions of the Web Site at any time, without notice, for conduct that we believe violates these Terms
and/or is harmful too ther users of the Web Site, to COMPANY, or to any of its Providers or wellness professionals.
17. CUSTOMER COMMENTS.
MISCELLANEOUS. If any provision of these Terms
is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms
, which shall remain in full force and effect. No waiver of any term
of these Terms
shall be deemed a further or continuing waiver of such term
or any other term
,and COMPANY’s failure to assert any right or provision under these Terms
shall not constitute a waiver of such right or provision. These Term s
of the Web Site and the Online Services, and supersede any and all prior communications and prior agreements, whether written or oral, between you and COMPANY regarding the Web Site and the Online Services. Your Consent To This Agreement
By accessing and using
the Web Site, you consent to and agree to be bound by the terms
of the foregoing Terms
. If we decide to change these Terms
, we will make an effort to post those changes on the web page so that you will always be able to understand the terms
and conditions that apply to your use
of the Web Site and/or the Online Services. Your use
of the Web Site and/or the Online Services following any amendment of these Terms
will signify your assent to and acceptance of its revised terms
.If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email firstname.lastname@example.org] or by sending your comments to:
@GO HEALTH, LLC
6670 New Nashville Highway, Suite 120
Smyrna, TN 37167
Attn: Tyler Cartwright
LAST UPDATED: August 20, 2020