Welcome, and thank you for visiting allpatient.com (this “Site”)! Please read these Terms of Service fully and carefully before accessing or using the Site; any web, mobile, desktop, or other software applications provided by AllPatient, Inc. (the “Applications”); any information or content that is made available by or downloaded from the Site or Applications or sent or made available by AllPatient, Inc. (the “Content”); or algorithmic services, features, content, or applications (together with the Site, Applications, and Content, the “Services”) offered by AllPatient, Inc.
These Terms of Service set forth the legally binding terms and conditions for your personal access to and use of the Services. Note that these Terms of Service contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes. By checking that you agree and accept our terms of service when notified of these Terms of Service or by creating an account on, accessing, or using the Services, you agree that you will be bound by these Terms of Service and all other operating rules, policies, and procedures that may be published from time to time on the Services by us, each of which is incorporated by reference and each of which may be updated from time to time by us. If you do not agree to these Terms of Service, including the mandatory arbitration provision and class action waiver, you must cease using the Services.
By accepting these Terms of Service, you agree that the Terms of Service constitute a binding contract, effective as of the date of first acceptance by you, between AllPatient, Inc. ( “we”, “us”, “our”, “AllPatient”) and you (each a “Party” to the contract and collectively, the “Parties”).
Certain of the Services may be subject to additional or supplemental terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. Unless indicated otherwise, if there is a conflict between these Terms of Service and the additional terms, the additional terms will govern with respect to that conflict.
The purpose of the Services is to give physicians and their patients access to additional information which they may or may not choose to utilize in planning medical care. It is not a substitute for primary care and no physician-patient relationship is created by the use of the Services.
The Services are limited. The Services differ from the diagnostic services typically provided by a physician. The medical professionals providing Services will not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Therefore, the medical professional providing Services may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk to you of this limitation, we strongly encourage you to discuss any Content with your physician.
By deciding to engage with the Services, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept that:
No patient/doctor relationship of any kind is established through the use of the Services;
You will not create, encourage, enable, promote, or otherwise cause or intend to create any patient/doctor relationship through the use of the Services;
The Services should not be used for and do not constitute any practice of medicine, healing arts, diagnosis, treatment, or prescription or any practice of a healthcare profession, role, or provider;
Services are not intended to be, and must not be understood to be, a medical opinion or medical advice regarding diagnosis, treatment, prescriptions, or otherwise;
Services are to be used for informational purposes only;
No aspect of the Services should be considered, or used as a substitute for, your physicians’ professional, medical, or management knowledge, analysis, judgment, expertise, or processes regarding diagnosis, treatment, prescriptions, or other healthcare decisions or acts;
You may not use the Services in place of your or your physicians’ own professional, medical, or management knowledge, analysis, judgment, expertise, or processes to provide diagnoses, medical opinions, treatments, or prescriptions for patients;
Determining the most appropriate diagnosis, treatment, prescription, or other medical opinion is your or your physicians’ sole responsibility;
Services do not guarantee any result (or lack of result) for any purpose;
Services will not be used in any legal dispute including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims without the prior written consent from us.
We are constantly seeking to improve the quality of Services. If you have requested any of our Services, we may use User Content to fulfill such request (including providing that information to third parties including your physicians). We may contact any physician or other medical professional whose name you provide to us to full any requests for our Services. We may also at any time review your case, your medical records from prior to and after your interaction with Services, and any records created as a result of Services received. We may request courtesy notices from your treating physician(s) and/or request additional medical records from them, including records pertaining to care you received after receiving the Services. We may review these records for, among other purposes, reviewing the quality of service you received, reviewing the quality of service provided by the physicians and medical professionals treating you, to better understand the course of treatment for your condition(s) including information regarding outcomes and costs, and to improve treatments and recommendations for people with similar or different conditions. We will take care to minimize personally identifying information in this process. We may also use anonymous information gathered, including information from your medical records, to generate conclusions about the healthcare process, particular conditions, and other matters. We and our affiliated physicians and researchers may publish this anonymous information in journals, websites and other locations. However, we will not publish your name or any identifying information about you; we will use only anonymous data for any public purpose.
We may be required by law to turn over certain information to law enforcement, or to respond to civil subpoenas and other legal process. By using Services you acknowledge such risks. Additionally, we may voluntarily provide information to law enforcement or investigative agencies regarding suspected disruptive or destructive uses of the Services, such as “Denial-of-Service” attacks, credit card fraud, and other matters.
Please also note that while we make all commercially reasonable efforts to ensure the confidentiality of all User Content, we are not a HIPAA covered-entity or business associate of your healthcare provider. Therefore giving us access to your health or medical information may move it out of a space protected by federal health privacy laws.
AllPatient does not accept payment in the form of cash, check, money order, or insurance reimbursement. Major credit cards are the only accepted means of payment. When you pay by credit card, you authorize AllPatient to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires or AllPatient is otherwise unable to debit the applicable amounts from your credit card, AllPatient shall provide notice to you, whereupon you shall immediately furnish AllPatient with a valid credit card account number. Your request for Services will not be fulfilled until full payment has been received and verified.
In using Services, you agree not to:
Send or otherwise transmit to or through Services any unlawful, infringing, harmful, harassing, defamatory, vulgar, offensive, abusive, fraudulent, deceptive, misleading, tortious, profane, threatening, hateful or otherwise objectionable material of any kind (as determined by us in our sole discretion), any material that can cause harm or delay to the Services or computers of any kind, and any unsolicited advertising, solicitation, or promotional materials;
Use Services contrary to the intended use of Services;
Misrepresent your identity or affiliation in any way or impersonate any person or entity, including any of our employees, representatives, or affiliates;
Use Services for or on behalf of another person or third-party without that person’s express written consent;
Restrict or inhibit any person from using the Services, disclose personal information obtained from the Services, or collect information about the Services;
Reverse engineer, decipher, disassemble, or decompile any section or technology on or within the Services, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (except to the limited extent applicable laws specifically prohibit such restriction), or attempt to do any of the foregoing;
Gain unauthorized access to the Services or to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Services;
Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
Send or otherwise transmit to or through the Services chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to limit, disrupt, interfere, damage, or hijack the operation of any hardware, software, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
Violate any applicable laws or regulations or these Terms of Service or enabling others to do so;
Use abusive, harassing, or threatening language or make abusive, harassing, bullying, or threatening communications toward any staff member, any medical professional, or any other user of the Services;
Create a hostile environment for any staff member, any medical professional, or any other user of the Services based on such person’s race, age, national origin, disability, gender or reassignment thereof, religion or belief, sex, sexual orientation, marriage/partnership status, or pregnancy/maternity;
Restricts or inhibits any other person from using or enjoying our Services, or that may expose AllPatient or others to any harm or liability of any type;
Alter or modify any part of the Applications or Content offered as part of the Services;
Bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems, or networks connected to the Services);
Create a substitute or similar service or product through the use of or access to the Services or proprietary information related thereto;
Merge the Services with other software;
Alter or modify another website, service, or product so as to falsely imply or represent that it is associated with us, unless separately and clearly authorized in writing; or
Assist or permit any persons in engaging in any of the activities described above.
The content contained within or distributed by Services, including without limitation, any text, software, graphics, photos, sounds, music, videos, audiovisual combinations, patents, interactive features, any trademarks, service marks and logos contained therein and any other materials you may view on, access through, or contribute on services (collectively “Materials”) are owned by or licensed to us, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.
No Materials from Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner. You agree not to circumvent, disable, or otherwise interfere with security related features of Services or features that prevent or restrict use or copying of any Materials or content. You also agree not to remove or alter any copyright notices or other notices included in the Services.
Modification of any Materials or use of any Materials for any other purpose is a violation of the copyrights and other proprietary rights of ours, or of other entities or persons where so indicated, unless we or the owner has provided said Material for such express purpose. Permission for all other uses of Materials contained herein, including reproducing and distributing multiple copies or using Materials on any other website or networked computer or linking to any secured or private page within the Services must be obtained from us or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from us should be submitted via an email to email@example.com. All design rights, databases and compilation and other intellectual property rights associated with the Services, in each case whether registered or unregistered, and related goodwill, are proprietary to us.
You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit (including by incorporating into the Services) any suggestions, enhancement requests, recommendations or other feedback that you provide to us regarding the Services.
As you use Services, you may see links to third-party websites. These links are for convenience only. If you use these links, you will leave the Services. Certain of these linked websites may make use of AllPatient’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from AllPatient. AllPatient is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by AllPatient of the organizations sponsoring such third-party websites or their products or services. These Terms of Service do not apply to any other websites.
Your interactions with entities or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in using the Services and disclosing personal information.
You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you understand and agree that we are under no obligation to become involved.
These Services are controlled and operated by AllPatient from our offices within California, United States of America. Those who choose to access these Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access the Services from jurisdictions where the contents of these Services are illegal or penalized is prohibited.
We may terminate your use the Services at any time, with or without cause, for any reason, with or without notice, effective immediately. This termination may result in a loss of your access or deletion of certain Materials or Content. We will terminate a user’s access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer of third party rights or in breach of the Terms of Service. Upon any such termination, you must destroy all Materials obtained from the Services and all copies thereof. The provisions of these Terms of Service which by their nature should survive termination shall survive termination, including provisions concerning security, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination. You agree that if your use of the Services is terminated pursuant to these Terms of Service, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold AllPatient harmless from any and all liability that we may incur therefore.
The Services and Materials are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, AllPatient disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services will be secure or available at any particular time or location, the functions contained in the Services or Materials will be uninterrupted or error-free, that errors defects will be corrected or that the Services or the server that makes it available are free of viruses or other harmful components. We do not make any representations or warranties regarding the use or the results of the use of the Services or Materials in terms of their correctness, accuracy, reliability or otherwise. Your use of the Services is solely are your own risk and we do guarantee that any particular content will be made available through the Services. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Additionally, you understand and agree that:
Reliance on any information provided through the Services is solely at your own risk. We cannot guarantee the accuracy, reliability, timeliness, relevance, or validity of any information provided through or in connection with the Services;
AllPatient cannot guarantee that your use of the Services is safe, appropriate, or effective for you or your medical condition; and
AllPatient does not guarantee any result (or lack of result) from use of the Services or any Content with respect to any third-party or any purpose.
The use of the Services is entirely at your own risk. To the extent permitted under applicable law, under no circumstances, including, but not limited to, under contract, tort, strict liability, negligence or any other legal or equitable theory, shall AllPatient and our affiliates and our and our affiliates directors, officers, employees, agents, suppliers, representatives, and contractors be liable to you or anyone else for any (a) compensatory, punitive, indirect, incidental, exemplary, reliance, special, or consequential damages; (b) lost profits, lost revenue, loss of goodwill, data loss, loss of use, cost of procurement of substitute goods or services, or other intangible losses; (c) for any personal injury or harm, including death or; (d) direct damages in excess of the fees paid by you for the use of the services during the immediate previous three month period that result from the use of, or the inability to use, the Services, even if you or an authorized representative of yours has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
To the fullest extent permitted by applicable law, you release AllPatient and our affiliates and our and our affiliates directors, officers, employees, agents, suppliers, representatives, and contractors from responsibility, liability, claims, causes of action, demands, expenses, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to your use of and/or reliance on the Services, including but not limited to disputes between users and the acts or omissions of third parties.
You agree to indemnify, defend and hold AllPatient and our affiliates and our and our affiliates directors, officers, employees, agents, suppliers, representatives, and contractors harmless from and against any and all claims, damages, penalties, sanctions, losses, interest of any nature, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms of Service; (ii) your use or misuse of the Services; (ii) your activities in connection with these Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses at your expense, including reasonable attorneys’ fees incurred by us.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ALLPATIENT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Except for any dispute in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, any claim or controversy arising out of or relating to these Terms of Service, or any breach thereof, or arising out of or relating to your access to or use of the Services (except such claims or controversies for which injunctive relief is available) (“Arbitrated Claims”) shall be settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules are available online at adr.org. You agree that, by accepting these Terms of Service, you and AllPatient are each waiving the right to a trial by jury and the right to participate in a class action or any other type of representative proceeding in connection with Arbitrated Claims.
You and AllPatient agree that any claim or controversy arising out of or related to these Terms of Service or your access to or use of the Services is personal to you and AllPatient, and that such claim or controversy will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and AllPatient agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a claim or controversy as a representative of another individual or group of individuals. Further, you and AllPatient agree that a claim or controversy cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. The arbitrator does not have the power to vary these class action waiver provisions.
As limited by the FAA, these Terms of Service and the applicable AAA rules, the arbitrator will have the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Service. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding any other provision of this Section 17, any and all issues relating to the scope, interpretation, and enforceability of the class action waiver provisions contained in this Section 17, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.
Unless you and AllPatient expressly agree otherwise, any arbitration hearings will take place in New York, New York. If the claim or controversy is for $10,000 or less, you agree that AllPatient may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the award of the arbitrator(s) shall be accompanied by a statement of the reasons upon which the award is based, and you and AllPatient agree that any such award shall be enforceable in any court of competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.
Without limitation to the foregoing, you must bring any claims you may have against us within six (6) months of the date the claim arose or be forever barred.
Services are not intended for children under the age of 13. If you are under 13 years of age, please do not use these Services at any time or in any manner. By using the Services, you affirm that you are over the age of 13. We do not seek through this website to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice through the Services or by sending you notice via email, via the Services, or by another appropriate means of communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will provide notice of modifications to these Terms of Service, it is also your responsibility to take reasonable efforts to be aware of such modifications. Your continued use of the Services following notification of any modification to these Terms of Service shall constitute acceptance of those modifications, and such modifications shall apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
Certain of the Services may allow you to register for a user account on the Services ("Account(s)"). You must provide accurate and complete information and keep Account information updated. You shall not: (i) select or use as a username a name, email, or phone number of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than yourself without appropriate authorization; (iii) use, as a username, a name that is otherwise offensive, vulgar, or obscene; or (iv) use as a username a fictitious name or pseudonym. You are solely responsible for the activity that occurs on your Account, and for keeping your Account secure, including without limitation confidentially and securely maintaining your password and limiting access to your devices to prevent unauthorized use. You may not use another user’s account or registration information for the Services without permission. You must notify us immediately on our website of any change in your qualification to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security, or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account. You shall have the ability to delete your Account, either through the Services or through a request made on our website.
By choosing our Services or to otherwise provide information to us, you agree that any dispute over your use of these Services or these Terms will be governed by the laws of the State of New York and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Site in the state and federal courts located in New York.
These Terms of Service are the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
We shall not be liable for any failure or delay in the performance of our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing. Notices for you shall be sent to your last known email address (or the email address of your successor, if any) and/or to an email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission. Notices for us shall be sent by email to firstname.lastname@example.org, and you must ensure written confirmation of receipt for notice to be effective.
You also consent to receive electronic communications from AllPatient (e.g., via email, SMS or other text messaging, or by posting notices to the Services). These communications may include notices about your account (e.g., authentications, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to that such communications be in writing. You expressly consent to the use of information that you provide to us, including but not limited to your phone numbers, to contact you using automatic dialing systems in both audio and text formats. We may also send you promotional communications via email, including, but not limited to, newsletters and other news and information we think will be of interest. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
If you have any questions or complaints regarding these Terms of Service, please submit your questions or complaints to email@example.com. AllPatient will endeavor to respond to you promptly. For all other questions and requests, you may contact us by emailing us at firstname.lastname@example.org.