IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, SEEK MEDICAL ATTENTION IMMEDIATELY FOR ASSISTANCE.
READ THE TERMS AND CONDITIONS OF THIS USE AGREEMENT CAREFULLY BEFORE CLICKING THAT YOU AGREE. BY CLICKING “I AGREE” MEANS YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS USE AGREEMENT, PROMPTLY CLOSE THIS PAGE AND DO NOT PROCEED WITH USE OF OR SUBSCRIPTION TO THE HEALTH TUITION SERVICES. NOTWITHSTANDING THE FOREGOING, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS USE AGREEMENT WHEN YOU DO ANY OF THE FOLLOWING: (1) ACCEPT THE TERMS AND CONDITIONS OF THE USE AGREEMENT THROUGH ANY PRINTED, ORAL, OR ELECTRONIC STATEMENT, INCLUDING ON THE WEB BY ELECTRONICALLY MARKING THAT YOU HAVE REVIEWED AND ACCEPTED; (2) ATTEMPT TO OR IN ANY WAY USE OR SUBSCRIBE TO THE HEALTH TUITION SERVICE; (3) PAY FOR THE HEALTH TUITION SERVICE OR A SUBSCRIPTION (WHETHER YOU PAY DIRECTLY OR SOMEONE ELSE PAYS ON YOUR BEHALF); OR (4) OPEN ANY PACKAGE OR START ANY PROGRAM THAT SAYS YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS USE AGREEMENT BY DOING SO. IF YOU DON’T WANT TO ACCEPT THE TERMS AND CONDITIONS OF THIS USE AGREEMENT, DON’T DO ANY OF THESE THINGS.
Thank you for using Health Tuition services. This Terms of Service (the “TOS”) is legally binding agreement made by and between Health tuition Company, owner and operator of health tuition (the “company” and/ or “Service Provider”), and you, acting in your capacity as individual and, if applicable, on behalf of the entity, you are legally representing or for whom you are using this website (collectively, “you”, “your”, “yours”).
You acknowledge and understand that (1) you are using or subscribing to the Health Tuition Services to facilitate the delivery of health care services (including, as applicable, doctor care, Telehealth and all other health services) from providers or clinicians who have agreed to provide services through the Health Tuition (the “Providers”), and that such services are provided at the sole discretion and medical judgment of the Providers; (2) the Health Tuition Service may not be reimbursable by commercial insurers, managed care organizations, preferred provider organizations, or any other government health care program; (3) Health Tuition Service may not be reimbursable or other payors and you will not seek reimbursement from any such payors for the cost of use of the Health Tuition Service where prohibited or otherwise not permitted by the payors and you agree not to use the Health Tuition Service for any services that are or might be reimbursable by such programs; (4) you are at least 18 years of age or you are accompanied by a parent or guardian who can give informed consent on your behalf if you are under the age of 18 at the time of the consultation; and (5) if you are seeking services on behalf of a child, dependent, or other person for whose medical care you are responsible, your approval of the terms and conditions of this Use Agreement will bind such other person to these terms and conditions.
PRIVACY AND SECURITY; DISCLOSURE
Health Tuition’s Notice of Privacy Practices describing how medical information about you may be used and disclosed and how you can get access to this information may be viewed at https://www.healthtuition.com/privacy-policy/. Health Tuition reserves the right to modify its Notice of Privacy Practices in its reasonable discretion from time to time. The Notice of Privacy Practices and any other Health Tuition privacy policies, including any amendments thereto, are incorporated into this Use Agreement in their entirety. Notwithstanding, you acknowledge and agree that information may be released without your consent in cases of medical emergency, abuse, neglect, court order, insurance billing claims requirements, adult and program evaluation, and where otherwise legally required.
If you become a free or paying customer of the Health Tuition Services, you agree that Health Tuition can disclose the fact that you are a free or paying customer of the Health Tuition Service. Health Tuition may also use your personal information to contact you with newsletters, marketing, or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any communication we send.
Because the Health Tuition Service is a hosted, online application, Health Tuition may occasionally need to notify all users of the Health Tuition Service (whether or not they have opted out of email communications) of important announcements regarding the operation of the Health Tuition Service. Additionally, you acknowledge and agree that Health Tuition may share your personal health information on a limited basis with developers and related information technology personnel authorized by Health Tuition to monitor the performance of, or to improve, the Health Tuition Service including, but not limited to, Health Tuition’s mobile application. If you do not wish for your personal health information to be shared for this limited purpose, or would like to file a complaint with health tuition, please immediately notify Health Tuition in writing at firstname.lastname@example.org.
When you use or access the Health Tuition Service, Health Tuition may place cookies in your web browser. Cookies are small pieces of text sent by your web browser by a website you visit. Cookies can be “persistent” or “session” cookies. Health Tuition uses both types of cookies for purposes such as: to enable certain functions of the Health Tuition Service; to provide analytics; to store your preferences; and to enable the delivery of advertisements. Health Tuition may also use essential cookies to authenticate users and prevent fraudulent use of user accounts.
LICENSE GRANT AND RESTRICTIONS
Health Tuition hereby grants you a non-exclusive, non-transferable, worldwide right to use the Health Tuition Service, solely for your own purposes, subject to the terms and conditions of this Use Agreement. All rights not expressly granted to you are reserved by Health Tuition and its licensors.
You may not access the Health Tuition Service if you are a direct competitor of Health Tuition, except with Health Tuition’s prior written consent. In addition, you may not access the Health Tuition Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Health Tuition Service or its content in any way; (ii) modify or make derivative works based upon the Health Tuition Service or its content; (iii) publicly display visual output of the Health Tuition Service; (iv) transmit the Health Tuition Service over a network, by telephone, or electronically using any means; (v) create Internet “links” to the Health Tuition Service where prohibited or “frame” or “mirror” any of its content on any other server or wireless or Internet-based device; or (vi) reverse engineer or access the Health Tuition Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Health Tuition Service, or (c) copy any ideas, features, functions, or graphics of the Health Tuition Service.
You may use the Health Tuition Service only for your purposes and shall not: (i) send or transmit spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send, transmit, or post a message or any information under a false name; (iii) send, transmit, post, or store infringing, obscene, threatening, libelous, defamatory, fraudulent, false, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights or the ownership or intellectual property rights of another person; (iv) send, transmit, or store material containing software viruses, worms, Trojan horses, or other harmful computer codes, files, scripts, agents, or programs; (v) interfere with or disrupt the integrity or performance of the Health Tuition Service or the data contained therein; or (vi) attempt to gain unauthorized access to the Health Tuition Service or its related systems or networks. You shall not use the Health Tuition Service in a way that could cause damage or adversely affect any other customers of Health Tuition or Health Tuition’s reputation, networks, property, or services.
You agree to keep confidential and use commercially reasonable efforts to prevent and protect the content of the Health Tuition Service from unauthorized disclosure or use.
If you are accessing the Health Tuition Service through Health Tuition’s mobile application (“app”), you acknowledge and understand that certain permissions may be required including, but not limited to, location services – allows the app to get your precise or approximate location using GPS or network location sources such as cell towers and Wi-Fi; take pictures – allows the app to take pictures with the camera; read phone status and identity – allows the app to access the phone features of the device to determine the phone number and device IDs, whether a call is active, and the remote number connected by a call; view network connections – allows the app to view information about network connections such as which networks exist and are connected; full network access – allows the app to create network sockets and use custom network protocols; read Google service configuration – allows the app to read Google service configuration data; and prevent device from sleeping – allows the app to prevent the device from going to sleep. Some of these permissions may consume additional battery power or incur data usage or charges.
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Health Tuition Service, including those related to data privacy, international communications, and the transmission of technical or personal data. You shall: (i) notify Health Tuition immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Health Tuition immediately and use reasonable efforts to stop immediately any copying or distribution of content of the Health Tuition Service that is known or suspected by you or your Users; and (iii) not impersonate another Health Tuition user or provide false identity information to gain access to or use of the Health Tuition Service.
INTELLECTUAL PROPERTY OWNERSHIP
Health Tuition alone (and its licensors, where applicable) shall own all right, title, and interest, including all related Intellectual Property Rights, in and to Health Tuition’s technology, its content, and the Health Tuition Service and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the Health Tuition Service. This Use Agreement is not a sale and does not convey to you any rights of ownership in or related to Health Tuition’s technology, its content, the Health Tuition Service, or the Intellectual Property Rights owned by Health Tuition. All Health Tuition or affiliate names, logos, and product names associated with the Health Tuition Service are trademarks of Health Tuition or the affiliate (as applicable), and no right or license is granted to use them.
CHARGES AND PAYMENT OF FEES
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable; provided, however, you are not obligated to pay any fees or charges for which another party (e.g., your employer or health plan) has contractually agreed with Health Tuition to pay on your behalf. Payments may be made on a per-visit basis, annually, monthly, or quarterly, consistent with the Initial Term, or as otherwise mutually agreed upon. All payment obligations are noncancelable and all amounts paid are nonrefundable. All pricing terms are confidential, and you agree not to disclose them to any third party.
You should be aware that Health Tuition may use a third-party payment processor (the “Payment Processor”) to link Health Tuition to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the Health Tuition Service will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit card issuer in addition to Use Agreement. Health Tuition is not responsible for any errors by the Payment Processor or your credit card issuer.
You understand and agree that for services provided on an appointment basis, if you fail to properly cancel a scheduled appointment at least 24 hours in advance of the appointment or if you are late to an appointment causing you to miss more than 40% of the allotted time for the appointment, you may be responsible for a missed appointment fee equal to the greater of Health Tuition’s then-current visit fee rate for the service type or the fees your insurer or other payor would have otherwise paid for the scheduled services had they taken place.
BILLING AND RENEWAL
Health Tuition charges and collects in advance for use of the Health Tuition Service. Health Tuition will automatically renew and bill your credit card or issue an invoice to you for your current subscription amount where applicable or as otherwise mutually agreed upon; provided, however, you are not obligated to pay any fees or charges for which another party (e.g., your employer or health plan) has contractually agreed with Health Tuition to pay on your behalf. Fees for other services will be charged on an as-quoted basis. Health Tuition’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
You agree to provide Health Tuition with complete and accurate billing and contact information. This information includes your legal name, street address, e-mail address, and telephone number. You agree to update this information immediately upon any change to it. If the contact information you have provided is false or fraudulent, Health Tuition reserves the right to terminate your access to the Health Tuition Service in addition to any other legal remedies. Invoices will be billed in United States Dollars (USD) unless requested by you in advance of invoicing.
If you believe your bill is incorrect, you must immediately contact us in writing regarding the amount in question to be eligible to receive an adjustment or credit. You irrevocably waive your right to challenge the accuracy of any bill, or otherwise receive an adjustment or credit to any bill, if you fail to notify Health Tuition in writing within fifteen (15) calendar days after your receipt of the bill, that you believe the bill is inaccurate (setting forth an explanation of why).
NON-PAYMENT AND SUSPENSION
In addition to any other rights granted to Health Tuition herein, Health Tuition reserves the right to suspend or terminate this Use Agreement and your access to the Health Tuition Service if your account becomes delinquent (falls into arrears) where any invoice is unpaid after the invoice due date whether it is the responsibility of you or a third party to pay the invoice. Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for your subscription during any period of suspension. If you or Health Tuition initiates termination of this Use Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Health Tuition may bill you for such unpaid fees or charges, unless another party (e.g., your employer or health plan) has contractually agreed with Health Tuition to pay on your behalf. Health Tuition reserves the right to impose a reconnection fee in the event your account is suspended and thereafter you request access to the Health Tuition Service.
TERMINATION FOR CAUSE
Any breach of your payment obligations or the payment obligations of another party (e.g., your employer or health plan) who has contractually agreed with Health Tuition to pay on your behalf, or unauthorized use of the Health Tuition Service, will be deemed a material breach of this Use Agreement. Health Tuition, in its sole discretion, may immediately terminate your password, account, or use of the Health Tuition Service if you breach or otherwise fail to comply with this Use Agreement. In addition, Health Tuition may terminate a free account at any time in its sole discretion.
REPRESENTATIONS AND WARRANTIES
Each party represents and warrants that it has the legal power and authority to enter into this Use Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Health Tuition Service and that your billing information is correct.
You agree to indemnify, defend, and hold Health Tuition (including the Health Tuition Service), its subsidiaries, affiliates, parent companies, employees, subcontractors, agents, vendors, suppliers, and licensors harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, suits, fees (including attorneys’ fees and expert fees), and costs of any kind whatsoever arising directly or indirectly out of or in connection with (1) your use of and subscription to the Health Tuition Service and any information (including the content and subject matter) you submit, post, transmit, or make available via the Health Tuition Service or to Health Tuition or the Providers; (2) your violation of this Use Agreement or any policy set forth in this Use Agreement; and (3) your violation of any applicable laws and regulations or rights of any third party.
DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK – FUNCTIONALITY
Disclaimer of Warranties – Functionality of Health Tuition Service
(A) HEALTH TUITION AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE HEALTH TUITION SERVICE OR ITS CONTENT.
(B) HEALTH TUITION AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT:
THE USE OF OR SUBSCRIPTION TO THE HEALTH TUITION SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA;
THE HEALTH TUITION SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
ANY STORED DATA WILL BE ACCURATE OR RELIABLE;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE HEALTH TUITION SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
ERRORS OR DEFECTS WILL BE CORRECTED; OR
THE HEALTH TUITION SERVICE OR THE SERVER(S) THAT MAKE THE HEALTH TUITION SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(C) HEALTH TUITION DOES NOT AUTHORIZE ANY THIRD PARTY TO MAKE ANY OF THE FOREGOING REPRESENTATIONS OR WARRANTIES ON ITS BEHALF.
(D) THE HEALTH TUITION SERVICE AND ALL OF ITS CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
(E) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEALTH TUITION AND ITS LICENSORS HEREBY DISCLAIM ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Assumption of Risk – Functionality of Health Tuition Service
THE USE OF THE HEALTH TUITION SERVICE OR ANY PORTION OF THE HEALTH TUITION SERVICE IS STRICTLY AT YOUR SOLE RISK. YOU HEREBY RELEASE HEALTH TUITION AND ITS LICENSORS FROM ALL CLAIMS WHICH MAY RESULT FROM THE USE OF THE HEALTH TUITION SERVICE OR ANY PORTION OF THE HEALTH TUITION SERVICE, OR THE NEGLIGENCE OF HEALTH TUITION OR ITS LICENSORS, BUT THIS PROVISION EXPRESSLY DOES NOT INCLUDE ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLAUSE, YOU ARE RELEASING CLAIMS AND GIVING UP SUBSTANTIAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN CERTAIN INSTANCES.
DISCLAIMERS – HEALTHCARE SERVICES
The Health Tuition Service does not provide health care services; the Health Tuition Service simply provides a system to facilitate communication with the Providers using Health Tuition’s owned or licensed health information database and software. Health Tuition verifies the state and national (NPI, DEA) licensing status for all Health Tuition-contracted Providers; however, it is your obligation to verify the state and national licensing status for all Providers who are not contracted by Health Tuition. Such Providers may include, but are not limited to, Providers whose services are offered to you as part of a subscription or bundled services package by your employer, health plan, physician, or on the Health Tuition website or hosted portal.
HEALTH TUITION SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY PROVIDER PROVIDING MEDICAL CARE OR ADVICE (INCLUDING BUT NOT LIMITED TO PRESCRIBING MEDICATIONS) THROUGH THE HEALTH TUITION SERVICE.
HEALTH TUITION FURTHER DISCLAIMS ALL LIABILITY (INCLUDING ANY LIABILITY FOR A REFUND) FOR THE FAILURE OF A NON-CONTRACTED PROVIDER TO RENDER CARE TO YOU OR OTHERWISE FULFILL THE TERMS OF SERVICE OF YOUR SUBSCRIPTION OR BUNDLED SERVICES PACKAGE. A NON-CONTRACTED PROVIDER IS A PROVIDER NOT DIRECTLY CREDENTIALED AND CONTRACTED BY HEALTH TUITION BUT WHOSE SERVICES MAY BE OFFERED TO YOU AS PART OF A SUBSCRIPTION OR BUNDLED SERVICES PACKAGE BY YOUR EMPLOYER, HEALTH PLAN, PHYSICIAN, OR ON THE HEALTH TUITION WEBSITE OR HOSTED PORTAL. HEALTH TUITION IS NOT RESPONSIBLE FOR PROVIDING YOU ADDITIONAL SERVICES PURCHASED VIA A SUBSCRIPTION OR BUNDLED SERVICES PACKAGE.
The Health Tuition Service is not a replacement for your primary care physician or annual office check-ups, nor is it a replacement for other treating providers (except in the context of mental and behavioral health services where the Provider has explicitly agreed to assume such role). Consultations through the Health Tuition Service treat the majority of common medical and behavioral health conditions, however a small number of cases require an in-person visit for complete care. With respect to psychotherapy and counseling, you understand that information discussed in any sessions is for therapeutic purposes only and is not intended for use in any legal proceedings involving any other individuals participating in any sessions. You agree not to subpoena any Provider to testify for or against individuals (including you) participating in the sessions or to provide records in court actions against other individuals participating in any sessions. You understand that anything any individual participating in any session tells a Provider individually, whether on the phone or otherwise, may at the Provider’s discretion be shared with any other individual participating in the sessions.
The Health Tuition Service is not an online pharmacy, nor is it a Medicare prescription drug plan. Providers using the Health Tuition Service do not, via the Health Tuition Service, prescribe elective medications, narcotic pain relievers, or drugs listed as controlled substances by the U.S. Drug Enforcement Agency or regulated under state or country law. Review the DEA Controlled Substances Schedule (http://www.deadiversion.usdoj.gov/schedules/index.html) if you are interested in a particular prescription and are uncertain if it is listed as a controlled substance.
Health Tuition does not guarantee that a specific medication will be prescribed by a Provider if requested, particularly where prescribing of the medication is in violation of Health Tuition’s Treatment Policies or not medically appropriate, as determined by the Provider in the Provider’s sole discretion. Our behavioral health Providers will not prescribe you medication until conducting a mental health assessment (also sometimes called an intake or initial assessment) of you. You will not be prescribed more than a 90-day supply of medication at one time by a behavioral health Provider, and may not receive a refill of the medication unless you first complete a medication management visit with the behavioral health Provider. Our non-behavioral health Providers generally do not prescribe more than a 90-day refill within a 6-month period. You agree that any prescription obtained from a Provider in connection with your use of the Health Tuition Service will only be for its intended use. Refunds for completed visits are not provided solely on the basis of Providers not prescribing a medication.
The Health Tuition Service does not meet the minimum essential coverage (MEC) requirements imposed by the Patient Protection and Affordable Care Act (PPACA) or any minimum creditable coverage (MCC) requirements imposed by any state laws. The Health Tuition Service is not a Qualified Health Plan under the PPACA.
The Health Tuition Service is not insurance and is not intended to replace health insurance; it is a telemedicine service available on a per-visit or membership basis. The offering of products and services by Health Tuition is not to be construed as the sale of insurance product(s) or otherwise engaging in the transaction of insurance. Health Tuition expressly reserves the right, in order to comply with state insurance laws, to (i) limit the number of visits offered in connection with any bundled services and subscription packages and/or (ii) charge a visit fee, both in an amount determined by Health Tuition in its sole discretion.
You authorize Health Tuition to use and publish any comments you choose to share about the Health Tuition Service, such as comments shared in the Health Tuition Patient Satisfaction Survey and/or via third-party service providers contracted for such purposes, unless specified otherwise. Health Tuition will only publish the comments with your first name and the state of requested service.
Health Tuition does not warrant or validate any information provided by a third party (including, but not limited to, your employer, health plan, or the Providers) even if the information is about the Health Tuition Service, whether through advertisements, promotions, communications, or other materials, and does not assume any responsibility or liability for the accuracy of such information.
Health Tuition has the right to refuse access to the Health Tuition Service to any person, agency, or organization, at any time, for any reason, or for no reason at all.
THE HEALTH TUITION SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. HEALTH TUITION IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
LIMITATION ON LIABILITY
(A) NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL HEALTH TUITION (INCLUDING THE HEALTH TUITION SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS BE LIABLE:
(1) IN ANY WAY FOR YOUR USE OF OR SUBSCRIPTION TO THE HEALTH TUITION SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN ANY CONTENT, INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR SUBSCRIPTION TO THE HEALTH TUITION SERVICE; OR
(2) FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER, ARISING FROM OR IN CONNECTION WITH THE HEALTH TUITION SERVICE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE, OR OTHERWISE RESULTING FROM YOUR USE OF THE HEALTH TUITION SERVICE.
(B) YOU HEREBY RELEASE HEALTH TUITION (INCLUDING THE HEALTH TUITION SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF ANY AND EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, RESULTING FROM YOUR USE OF OR ACCESS OR SUBSCRIPTION TO THE HEALTH TUITION SERVICE OR THE NEGLIGENCE OF HEALTH TUITION (INCLUDING THE HEALTH TUITION SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS. TO THE EXTENT ALLOWED BY LAW, ANY LIABILITY OF HEALTH TUITION (INCLUDING THE HEALTH TUITION SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS FOR ANY CLAIMS YOU MAY HAVE AGAINST THEM IS LIMITED TO THE PROPORTIONATE AMOUNT OF THE VISIT OR SUBSCRIPTION FEES ACTUALLY PAID BY YOU THAT ARE ATTRIBUTABLE TO THE APPLICABLE SERVICE, INCIDENT, OR AFFECTED PERIOD GIVING RISE TO SUCH CLAIM. THIS PROVISION EXPRESSLY DOES NOT INCLUDE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLAUSE, YOU ARE RELEASING CLAIMS AND GIVING UP SUBSTANTIAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN CERTAIN INSTANCES.
LOCAL LAWS AND EXPORT CONTROL
Health Tuition and its licensors make no representation that the Health Tuition Service is appropriate or available for use in other locations. If you use the Health Tuition Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of your country. Any diversion of the content of the Health Tuition Service contrary to United States law is prohibited. None of the content of the Health Tuition Service, nor any information acquired through the use of the Health Tuition Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
Except as this Use Agreement specifically provides otherwise, you must provide Health Tuition notice by calling or writing Health Tuition at its registered address. Health Tuition may provide you notice through one or more of the following: correspondence through general notice on the Health Tuition Website, to your last known address, to any fax number or e-mail address you have provided Health Tuition, by calling you on any phone number you have provided Health Tuition, by voice message on any phone number you have provided Health Tuition, or by text message to any phone number you have provided Health Tuition that accepts text messages.
CONTACTING YOU REGARDING BILLING AND COLLECTIONS
You expressly authorize, and specifically consent to allowing, Health Tuition and any of Health Tuition’s agents to contact you in connection with any and all matters relating to unpaid past due fees or charges you may owe Health Tuition. You agree that, for attempts to collect unpaid past due fees or charges, Health Tuition and any of its agents may contact you at any mailing address, telephone number, cellular phone number, email address, or any other electronic address that you have provided, or may in the future provide, to Health Tuition. You agree and acknowledge that any e-mail address or any other electronic address that you provide to Health Tuition is your private address and is not accessible to unauthorized third parties. For attempts to collect unpaid fees or charges, you agree that in addition to individual persons attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system.
ASSIGNMENT; CHANGE IN CONTROL
This Use Agreement may not be assigned by you without the prior written approval of Health Tuition but may be assigned without your consent by Health Tuition to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS
In those rare instances where your concern is not resolved to your satisfaction through calls to our customer care, you and Health Tuition each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below. If the dispute is not resolved, you and Health Tuition agree that the dispute will be resolved through individual binding arbitration or small claims court, instead of courts of general jurisdiction.
Mandatory Arbitration and Waiver of Class Action. Instead of suing in court, you and Health Tuition agree to arbitrate all Disputes (as defined below) on an individual, non-representative, basis. You agree that, by accepting the terms and conditions of this Use Agreement, you and Health Tuition are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted.
In arbitration, there is no judge or jury. Disputes are instead decided by a neutral third-party arbitrator in a more informal process than in court. In arbitration, there is limited discovery and the arbitrator’s decision is subject to limited review by courts. However, just as a court would, the arbitrator must honor the terms and conditions of the Use Agreement and can award damages and relief, including any attorneys’ fees authorized by law.
“Disputes” shall include, but are not limited to, any claims or controversies against each other related in any way to or arising out of in any way the Health Tuition Service or this Use Agreement, including, but not limited to, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if the claim arises after use of or access or subscription to the Health Tuition Service has terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the Health Tuition Service brings against Health Tuition (including the Health Tuition Service), its subsidiaries, affiliates, parent companies, employees, subcontractors, agents, vendors, suppliers, or licensors; (b) you bring against a third party, such as a Provider, that are based on, relate to, or arise out of in any way the use of or access or subscription to the Health Tuition Service or this Use Agreement; or (c) Health Tuition brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Health Tuition, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before this Use Agreement or out of a prior Use Agreement with Health Tuition; (iii) claims that are subject to on-going litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of your use of or access or subscription to the Health Tuition Service or this Use Agreement.
DISPUTE NOTICE AND DISPUTE RESOLUTION PERIOD.
Before initiating an arbitration or a small claims matter, you and Health Tuition each agree to first provide to the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to Health Tuition should be sent to Health Tuition’s email email@example.com. Health Tuition will provide a Notice of Dispute to you at your last known physical address or email address. Health Tuition will assign a representative to work with you and try to resolve your Dispute to your satisfaction. You and Health Tuition agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or Health Tuition may commence an arbitration proceeding or small claims action.
ARBITRATION TERMS, PROCESS, RULES, AND PROCEDURES.
(1) Unless you and Health Tuition agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in a location to which Health Tuition agrees. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this agreement to arbitrate, including the rules about filing, administration, discovery, and arbitrator’s fees. The JAMS Rules are available on its website at jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
(2) The Federal Arbitration Act (“FAA”) applies to your use of or access or subscription to the Health Tuition Service and this Use Agreement and arbitration provision. We each agree that the FAA’s provisions – not state law – govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or Health Tuition to arbitrate on a class-wide, representative, or consolidated basis.
(3) The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND Health Tuition AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Health Tuition expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(4) We each are responsible for our respective costs, including our respective attorneys, experts, and witnesses, unless this Use Agreement or applicable law otherwise permits the award of such to Health Tuition. We each will pay equally for any filing or case management fees associated with the arbitration and professional fees for the arbitrator’s services.
(5) An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.
(6) As an alternative to arbitration, we may resolve Disputes in small claims court in a location to which Health Tuition agrees.
NO TRIAL BY JURY AND NO CLASS ACTION
IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS OR SUBSCRIPTION TO THE HEALTH TUITION SERVICES OR THIS USE AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUNTERCLAIM, OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERTING A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.
I have read this Use Agreement and I understand it. I agree to comply with it, on behalf of myself and on behalf of any other person on whose behalf I am or may in the future be seeking medical care including, but not limited to, mental or behavioral health services. I understand and agree that if I fail to comply with the terms of the Use Agreement, I may be prohibited from using the Health Tuition Service, and I will hold Health Tuition harmless from any liability arising from my failure to comply. I hereby certify that I am at least eighteen years of age and possess the legal right and ability to enter into this Use Agreement under the name in which I have registered to use the Health Tuition Service. I further certify that I am physically present in the state that I have designated at the time that I am accessing the Health Tuition Service. I understand and acknowledge that my ability to access the Health Tuition Service is conditional upon the above-mentioned criteria of my certification of age, legal authority, and physical presence at the time that I access the Health Tuition Service, and that the Providers are relying upon this certification in order to interact with and facilitate health care services to me.
EFFECTIVE AND REVISED 05/11/2020