Welcome to Prime Health Immediate Care Online (ICO). Before using this site, please make sure you have thoroughly read all the terms and conditions of the Prime Health ICO website (The site) Prime Health ICO provides treatment of common ailments by patient and Provider communication via the internet, phone or video. This communication is not meant to replace emergency care or your own primary care Provider. That could be your internist, pediatrician, family practitioner, obstetrician and gynecologist, or any other Provider. The use of this website is conditioned upon your acceptance of these terms and conditions and by clicking accept you agree that your bound by these terms and conditions and you further agree that you will not use this website for any purpose if you are in disagreement of these terms and conditions. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
Please print and keep a copy of this Agreement. Prime Health LLC may, from time to time, at its convenience, change the terms of this Agreement. It is your responsibility to review these terms each time you use this website.
General Disclaimer. This Service is a convenience tool and the data it collects is not medical advice and does not replace the medical advice of the health care provider or professional related to the individual whose data has been collected. This information, in the absence of review in a treatment and diagnosis consultation by a health care professional, is general information only.
OVERVIEW OF TELEMEDICINE SERVICE
Telemedicine involves the use of electronic communications to enable health care providers at sites remote from patients to provide consultative services. Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, therapy, follow-up and/or education, and may include live two-way audio and video and other materials (e.g. medical records, data from medical devices).
The communications systems used will incorporate network and software security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
An encounter summary will be provided to the patient at the end of each encounter which may be kept for the patient’s records and may be shared with other providers for treatment purposes or as otherwise permitted or required by law.
ANTICIPATED BENEFITS OF TELEMEDICINE
- Improved access to medical care by enabling a patient to remain at his or her home or office while consulting a clinician.
- More efficient medical evaluation and management.
POSSIBLE RISKS OF TELEMEDICINE
As with any medical procedure, there are potential risks associated with the use of telemedicine. Prime Health LLC believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:
- Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment.
- Security protocols could fail, causing a breach of privacy of personal medical information.
- Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes.
I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine. I have received the Notice of Privacy Practices which explains how Prime Health ICO may use and disclose confidential health information for treatment, payment, and healthcare operations, including for substance abuse, psychiatric care, or HIV, if applicable.
Other than information received directly by you from providers, the content on the website should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on this website represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, Prime Health Medical Center does not recommend or endorse any specific tests, medications, products or procedures.
Prime Health LLC, through its third party technology platform provider, has implemented a variety of commercially standard encryption and security technologies and procedures to protect your personal information which is stored in its computer systems from unauthorized access. We also maintain standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information.
Access to the Service is enabled only by usernames and passwords. You should maintain your username and password in strict confidence. In no event should you share your username or password with any third party or allow another person to access the Service using your username and password. Please notify Prime Health LLC if you have any reason to believe that your username or password has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of the Service using your username and password. Prime Health LLC reserves the right to revoke or deactivate your username and password at any time and for any reason.
To access the Service, you must first enroll to establish an individual user account (“Account”), by providing certain information. With the exception of subaccounts established for minor children of whom you are a parent or legal guardian, you agree that you will not create more than one Account, or create an account for anyone other than yourself without first receiving permission from the other person. In exchange for your use of the Service and, if applicable, in order for Prime Health LLC to send notices to you, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our Account enrollment form; and (ii) each time you log on, maintain and promptly update such Account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account and refuse any and all current or future use of the Service. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to this Agreement.
1. USE OF THE WEBSITE AND OF SERVICES
Your interaction with the Provider provided through the Prime Health ICO website is not intended to replace your relationship with your existing primary care Provider. If you do not have an established relationship with a primary care provider, you are encouraged to develop one. Do not disregard medical advice from your regular Provider or other health care professional because of information provided via Prime Health ICO.
2. FEES FOR SERVICES, NO INSURANCE AND NO REFUND POLICY
You are solely responsible for all fees associated with your use of the Prime Health ICO website. You will be asked to supply credit card information, which will be verified prior to your online visit. You will not be able to use the Prime Health ICO website to communicate with a Provider if the credit card information you provide is inaccurate or if your credit card is declined. In order to facilitate payment for your online visit, Prime Health ICO will share your credit card information and related personal information to its designated credit card payment processor. This information is shared solely for the purpose of collecting the fee. Prime Health ICO does not currently accept payment from health insurance providers and does not offer a refund option. Any and all fees associated with your use of the Prime Health ICO website will not be refunded to you under any circumstances.
3. ELECTRONIC MEDICAL RECORD
Your Prime Health ICO Electronic Medical Record (“Electronic Medical Record”) is created for you to enter, store and access your personal health information online, including medical history, current conditions, symptoms, complaints, allergies and medications (“Medical History Assessment”), and for your Providers to record the results of his or her medical consultations with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your medical record. You agree to provide accurate and complete information for your Electronic Medical Record, to periodically review such information, and to update information that you provide as needed. For additional information regarding use of your Electronic Medical Record, please see the Privacy Notice. It is your responsibility to confirm any third party information in your Electronic Medical Record. NOTE: It is solely your Provider’s obligation to use and disclose the information included in your Electronic Medical Record in accordance with applicable state and federal law, including, without limitation, obtaining any consents or authorizations that may be required for your information to be shared with other participating Providers. However, by requesting a diagnostic medical consultation, you agree to disclose the contents of your complete Electronic Medical Record to the Provider who will conduct your diagnostic medical consultation. All medical consultations are recorded and the audio and video recordings become part of your Electronic Medical Record. Similarly, all emails from secure email medical consultations are saved and become part of your electronic medical record.
Please note that only if you have accurately and fully completed and submitted the Medical History Assessment and conducted a diagnostic medical consultation by telephone or via live stream video, may the Provider conducting the diagnostic medical consultation prescribe medication for you, as determined appropriate by the Provider in his/her sole discretion, professional judgment and within legal limitations. Any prescriptions can be called in to a local pharmacy by the Provider for your convenience. NOTE: No prescriptions for controlled or scheduled medications are available through participating Providers. You agree that any prescriptions that you acquire from a participating Provider shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a Provider or pharmacist if you have any questions regarding the prescription.
5. ELIGIBILITY TO REGISTER ON THE WEBSITE, SUBSCRIBE TO THE SERVICES AND USE THIS WEBSITE AND/OR SERVICES
6. LIMITATIONS ON USE
You agree not to: (i) access the website or use the Services in an unlawful way or for any unlawful purpose; (ii) post or transmit a message under a false name or any data, materials, content or information (including, without limitation, advice and recommendations) (collectively, “Information”) which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the website or the Services, personal information, software, equipment, servers or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the website or the Services; (v) use robots or scripts with the website; (vi) or attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, Information on or received by this website; or (vii) to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie settings. You further agree that any Information you provide or use on the website, and your use of the website or the Services, will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. Prime Health ICO may delete any Information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
7. YOUR ACCOUNT
You are solely responsible for maintaining the confidentiality of your password and pin number and for all activities that occur under your password and pin number. You agree to prohibit anyone else from using your password and pin number, and to immediately notify Prime Health ICO in writing of any unauthorized use of your password and pin number, or other security concerns of which you become aware. 8. FRAUD PREVENTION AND SECURITY Prime Health ICO may contact you by telephone, mail or email to verify your Personal Contact Information. Prime Health ICO reserves the right to request further information from you and you agree to provide such further information, to ensure you have not fraudulently completed your registration on the website or subscription to the Services. If you do not provide this information to Prime Health ICO and in the manner requested within fourteen (14) days of such request, Prime Health ICO may reject your registration and subscription or suspend your registration and subscription until you satisfactorily comply with Prime Health ICO’s information request.
9. INTELLECTUAL PROPERTY
Prime Health ICO hereby grants you a limited, revocable, non-transferable and nonexclusive license limited solely to viewing or downloading a single copy of the material on the website and to use the Prime Health ICO software to the extent necessary to use the Services solely for your personal, noncommercial use. With the exception of your Electronic Medical Records, Prime Health ICO retains all right, title and interest in and to Prime Health ICO, the Services and any Information, products, documentation, software or other materials on the website, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the website licensed by Prime Health ICO, and in that case, the license provider retains all right, title and interest therein. The information available through the website and the Services is the property of Prime Health ICO, or if licensed by Prime Health ICO, the license provider. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Prime Health ICO’s trademarks, service marks and logos is strictly prohibited without the prior written permission of Prime Health ICO. The immediately foregoing sentence also applies to any third party trademarks, service marks and logos posted on the website. Nothing contained on the website should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the website without the written grant thereof by Prime Health ICO or the third party owner of such trademarks, service marks and logos. The website may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.
10. CAN-SPAM ACT COMPLIANCE
We are committed to being compliant with the “Controlling the Assault of Non- Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act”), and email newsletters and correspondence received from us are intended to fully comply with the CANSPAM Act. In the event you receive an email from us which you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at the address listed below under the section “Notices and How to Contact Us.” Click to unsubscribe or opt-out of email communications from Prime Health ICO at any time or type “unsubscribe” in emails you receive from Prime Health ICO. NOTE: You cannot opt-out from receiving further communications from Prime Health ICO if you wish to subscribe to our Services. If you opt-out or unsubscribe while subscribed to our Services, you will become ineligible for the receipt of and use of our Services.
11. THIRD PARTY WEBSITE
13. TERM AND TERMINATION
14. MEDICAL DISCLAIMERS
Prime Health ICO makes no representation or warranty as to the content of any treatment response from any participating Provider. Participating Providers are not employees of Prime Health ICO; they are independent contractors. You and your Provider are solely responsible for all information and/or communication sent during a telephone medical consultation, secure email consultation, real time live stream video consultation or other communication. Prime Health ICO does not guarantee that a telephone medical consultation, secure email consultation, or real time live stream video consultation is the appropriate course of treatment for your particular health care problem. You agree to contact your Provider immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.
15. CONTENT DISCLAIMERS
16. GENERAL DISCLAIMERS
YOU ACKNOWLEDGE THAT YOUR USE OR MISUSE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Prime Health ICO AND ITS MANAGERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, Prime Health ICO MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED HEREUNDER. WITHOUT LIMITATION OF THE FOREGOING, Prime Health ICO SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY PARTICIPATING PROVIDERS PROVIDING MEDICAL CARE TO SUBSCRIBERS. You acknowledge and agree that we are not responsible for: (i) any printing, typographical or technological errors regardless of the matter, media, material or form thereof; (ii) electronic, human, equipment programming or other error, omission, interruption, defect or delay which may occur regardless of the matter, media, material or form thereof; (iii) incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information regardless of the matter, media, information or form thereof; (iv) technical failures of any kind; (v) inadvertent loss of Information; and/or (vi) unauthorized human intervention in any part, material or process or otherwise. Prime Health ICO makes no representations or warranties about the satisfaction of government regulations requiring disclosure of information on prescription drug products or any treatment, action or application or preparation of medication based on information offered or provided through the Services. Prime Health ICO does not endorse the promotions, products or services of any third parties. Prime Health ICO does not warrant or validate the information of any third party’s advertisements, promotions, communications, or other materials. Prime Health ICO does not assume any responsibility or liability for the accuracy of Information contained in the website or as stated above under “Third Party websites.”
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL Prime Health ICO BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF: (i) ONE (1) MONTH’S SUBSCRIPTION RATE OF YOUR SUBSCRIPTION PLAN; OR (ii) IN THE EVENT NO SUBSCRIPTION PRICE WAS PAID OR REQUIRED, THE LIQUIDATED SUM OF $50.00. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Prime Health ICO BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF THE SERVICES OR LOSS OF INFORMATION, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY SERVICE OFFERED OR PROVIDED THROUGH THIS WEBSITE OR BY OTHER MEANS OR ANY INFORMATION OR PRODUCTS CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED OR SERVICES SUBSCRIBED TO ON THIS WEBSITE OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Prime Health ICO IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT Prime Health ICO’s AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU FOR THE ONE (1) MONTH PERIOD PRIOR TO THE TIME OF THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
20. FORCE MAJEURE
Notwithstanding anything herein to the contrary, Prime Health ICO shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond its reasonable control.
21. NO THIRD PARTY RIGHTS
23. OPERATION AND RECORD RETENTION
Prime Health ICO reserves complete and sole discretion with respect to the operation of the website and the Services. Prime Health ICO may, among other things, withdraw, suspend or discontinue any functionality or feature of the website or the Services. Prime Health ICO is not responsible for transmission errors or corruption or compromise of Information carried over local or interchange telecommunication carriers. Prime Health ICO is not responsible for maintaining Information arising from use of the website or in respect of the Services. Prime Health ICO reserves the right to maintain, delete or destroy all communications and Information posted or uploaded to the Services pursuant to its internal record retention and/or destruction policies.
24. ENTIRE AGREEMENT, HEADINGS AND CONSTRUCTION, SEVERABILITY
25. ASSIGNMENT AND WAIVER
26. GOVERNING LAW, JURISDICTION AND VENUE
27. ENFORCEMENT COSTS
28. WAIVER OF JURY TRIAL
29. NOTICES AND HOW TO CONTACT US
Prime Health ICO may provide notice to you by email to the email address you provided during registration, by a general notice on the website, or by written communication delivered by first class U. S. mail or express courier to your address on record in the Prime Health ICO account information. You may give notice to Prime Health ICO at any time by calling 678-288-9740 or email delivered to firstname.lastname@example.org