Amenities Health Provides the Platform, and Providers provide Healthcare Services
Amenities Health does not provide any physician or other healthcare provider services itself. All of the Providers are independent of Amenities Health and use the Platform as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Amenities Health. Amenities Health arranges for clinical services on behalf of Providers and those in the Network. Providers accessed through the Platform are not employed by Amenities Health. Nothing contained on the Sites is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Amenities Health. AMENITIES HEALTH DOES NOT PROVIDE MEDICAL CARE, AND ANY DOCTOR-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU ELECT TO VISIT USING THE PLATFORM FOR THE HEALTHCARE SERVICES. RELIANCE ON ANY INFORMATION APPEARING ON THE PLATFORM, WHETHER PROVIDED BY AMENITIES HEALTH, ITS AFFILIATES, OR ITS CONTENT PROVIDERS, OR BY PROVIDERS IS SOLELY AT YOUR OWN RISK. ANY DOCTOR PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU ELECT TO VISIT USING THE PLATFORM FOR THE HEALTHCARE SERVICES.
Your use of the Sites (including the Platform) and the Healthcare Services does not create a physician-patient relationship between you and Amenities Health. Any physician-patient relationship is between you and the Provider you elect to visit using the Platform for Healthcare Services. Amenities Health does not make any representations or warranties about the training or skill of any Providers who provide services via the Platform. Amenities Health does not oversee the practice of medicine by the Providers, each of whom is solely accountable for directing the medical care or treatment provided to you. Nothing contained in the Platform is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Amenities Health. You are ultimately responsible for choosing your particular healthcare provider. You acknowledge that it is your duty to inform your Provider of interactions regarding your care that you may have with other health care providers to ensure your Provider has your full clinical background when making treatment decisions. Amenities Health encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with Providers.
You understand and acknowledge that Providers participating in the Healthcare
Services may change from time to time and that from time to time certain Providers may no longer be able to accept new subscribers due to patient volume limits. If your chosen Provider is no longer available, Amenities Health will notify you of such unavailability and offer an alternative Provider. Certain medical conditions may necessitate in-person procedures or different healthcare
providers. The Platform and Healthcare Services may not be appropriate for
specific diagnoses or treatments, requiring in-person office visits. In such cases, you may receive notifications regarding unavailability for your specific concern, along with guidance on the next steps.
You hereby certify that you are physically located in the state you have entered as
your current location in connection with using the Platform to obtain Healthcare Services. You acknowledge that your authorization to use the Platform and access Healthcare Services is conditioned upon the truthfulness of this certification, and that the Providers you access through the Platform are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify Amenities Health and the Providers (including those in the Network) with whom you interact from any resulting damages, costs, or claims.
Site Content and Proprietary Rights
The Sites include a broad array of content and functionality. All user interfaces, software, and other information and content, or portion or combination thereof, provided and made available by or for Amenities Health in connection with the Sites (“Site Content”) is for use only for individual, non-commercial purposes. Note that, except as otherwise required by law, Amenities Health does not make any representations or warranties regarding the accuracy, completeness, or suitability of Site Content.
Amenities Health retains all of its right, title and interest in and to Site Content. You
do not acquire any ownership rights in any Site Content or other Amenities Health intellectual property under these Terms and Conditions or otherwise in connection with your use of the Sites. All rights not expressly granted to you herein are expressly reserved.
Without limiting the foregoing, you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Site Content other than for your own personal, non-commercial purposes and/or as expressly authorized in writing by Amenities Health.
Limited License to Use
Subject to and conditioned upon your compliance with these Terms and Conditions, Amenities Health grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and make personal use of the Sites. If you are a current Member, you are hereby granted a limited, non-exclusive, non-sublicensable, revocable, and non transferable right to access and make
personal use of the Platform for the purpose of obtaining Healthcare Services, which license is subject to and conditioned upon your compliance with these Terms and Conditions and the applicable Member Subscription Agreement, and payment of applicable fees. Our Platform and Services are regulated by certain laws and may evolve from time to time, including as a result of regulatory changes.
Prohibited Use
You agree to refrain from the following in connection with any and all access to
and use of the Sites (including the Platform):
- using or accessing the Sites (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;
- conducting activities that may be harmful to others or that could damage Amenities Health’s reputation;
- providing false or misleading registration details or other information;
- using or facilitating the use of scrapers, robots, or other data-gathering tools;
- posting or otherwise submitting any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, deceptive, or contrary to the ownership or intellectual property rights of any other person;
- interfering with security-related features of the Sites, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii)
reverse-engineering, decompiling, or otherwise attempting to discover the
source code of any portion of the Platform, except to the extent that such
activity is permitted by applicable law notwithstanding this restriction; - interfering with the operation of the Sites or any user’s enjoyment of the Sites, including by positing any content which contains or facilitates any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, interfere or manipulate in any way, or otherwise interrupt or expropriate any aspect of the Platform, any personal or proprietary information, software, equipment, or servers, or to facilitate or promote hacking or similar conduct; or
- attempting to do any of the acts described in this list, or assisting any other person in doing so.
The foregoing prohibited uses may result in termination of your ability to access and use the Sites, as determined by Amenities Health in its sole discretion, with or without notice. In addition, Amenities Health may delete any information provided by you that it reasonably believes to be fraudulent, abusive, defamatory, or obscene, or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
Platform-Specific Terms
This section sets forth terms applicable only to (i) using of the Sites to enroll as a Member or (ii) a Member who is logged in and using the Platform to receive Healthcare Services.
If you are a Member, you acknowledge that you have separately agreed to an applicable Member Subscription Agreement, which is incorporated herein by reference.
Eligibility, Enrollment, Communications, and Account Security
In order to become a Member, you must enroll and pay for a direct health care membership program as described in the applicable Member Subscription Agreement (“Program”). When doing so, you represent that you are at least eighteen (18) years old and are not a person barred from enrolling
in the Program and using the Platform to receive Healthcare Services under the
laws of the United States and any other jurisdiction(s) where you are located. Access to and use of the Platform is intended only for users in the United States. However, recognizing the global nature of the Internet, it may be possible to access and/or use the Platform for incidental purposes while traveling outside of the United States. In the event of such access and/or use, you agree to comply with all local rules regarding online conduct and transmission of information and you acknowledge that Amenities Health makes no representation or warranty that the Platform, or any information or transmitted via the Platform is lawful in any jurisdiction outside the United States. Amenities Health may, in its sole discretion, refuse to accept your registration or to cancel your subscription due to non-compliance with any eligibility or subscription requirement.
In order to enroll in the Program, you are required to (1) fully, accurately and truthfully complete a registration profile, including your personal contact information ("PCI"). By registering on a Site, you are agreeing to the receipt of e-mail or other electronic informational and transactional communications from Amenities Health and any Providers, including any notices permitted to be sent electronically by law. In addition, to the extent permissible under and subject to compliance with applicable law, you agree to receive promotional material, such as newsletters and offers, by mail or electronic mail until and unless you opt-out.
You are responsible for maintaining the confidentiality of your username and password for access to the Platform and for all activities that occur using your username/password combination. You agree to immediately notify Amenities Health in writing of any unauthorized use of your username/password combination or other Platform-related security concerns of which you become aware.
Electronic Medical Records
Amenities Health maintains electronic medical records ("EMRs") as a service to
Providers with respect to your use of the Healthcare Services. Information provided to or generated by a Provider as part of a telephony-based, web-based or secure e-mail medical consultation may be included in the EMRs, the handling of which and is governed by the federal Health Insurance Portability and Accountability Act (”HIPAA”), Amenities Health’s agreement with the applicable Provider, and applicable state law.. IIT IS THE PROVIDER'S OBLIGATION TO USE AND DISCLOSE THE INFORMATION INCLUDED IN YOUR EMRs IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, BY OBTAINING ANY CONSENTS OR AUTHORIZATIONS THAT MAY BE REQUIRED FOR YOUR INFORMATION TO BE SHARED WITH OTHER PROVIDERS OR OTHER THIRD PARTIES.
Prescription Policy
Amenities Health and Providers (including Networks) do not endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, the Provider may limit supply based upon state regulations, and will prescribe a medication as determined in their own discretion and professional judgment. AMENITIES HEALTH DOES NOT REPRESENT OR PROVIDE ANY ASSURANCE OR GUARANTEE THAT ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU IN CONNECTION WITH ANY HEALTHCARE SERVICES YOU OBTAIN THROUGH THE PLATFORM. NOTE THAT PROVIDERS DO NOT PRESCRIBE DEA-CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES, THROUGH THE PLATFORM. Providers may deny care in accordance with their professional judgment.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all labels and information provided to you and to contact a physician or pharmacist if you have any questions regarding the prescription. Amenities Health and Providers fully respect your freedom of choice, and, if you receive a prescription for a medication, you have the option to instruct the applicable Provider to transmit that prescription to the pharmacy of your choice.
Legal Notices and Disclaimers
Amenities Health makes no representation or warranty as to the content of any treatment response from any Provider. You and your Provider are solely responsible for all information and/or communication sent or received during a telehealth medical consultation, secure email consultation or other communication. Amenities Health does not guarantee that a telephone-based medical consultation or secure email, or web-based, consultation is the appropriate course of treatment for your particular health care problem. You agree to contact the Provider or another primary care physician immediately should your condition change or your symptoms worsen. Reliance on any information provided through the Platform is solely at your own risk. Amenities Health does not assume any responsibility in relation to the quality of the medical advice or the manner in which it is provided by the Providers.
Control of the Sites; Modification of Terms; Termination
Amenities Health reserves the right to suspend, modify, or discontinue any functionality or feature of the Sites (including the Platform). Sites may provide links to third-party websites, but Amenities Health is not responsible for the terms and conditions, privacy practices, content, services, or any other aspect of those third-party. Any link on the Sites to any third-party website should not be construed as Amenities Health’s endorsement or recommendation of such website, its services, terms, or operator, or any of the content therein.
Any update to these Terms and Conditions will not apply to your ongoing use of the Platform and any Program until or unless you expressly agree to the updated terms, although such agreement may be a condition of your ongoing use of the Platform and the Program. In other respects, we reserve the right to change these Terms and Conditions as they relate the Sites on a going-forward basis at any time. If such an update to these Terms and Conditions materially modifies any of your rights or obligations, we will post notice of the update on the Sites for a reasonable period of time.
Disclaimer of Warranties
YOU ACKNOWLEDGE THAT YOUR USE OR MISUSE OF THE SITES, THE PLATFORM, THE HEALTHCARE SERVICES, AND ANY RELATED 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 THE SITES, THE PLATFORM, THE HEALTHCARE SERVICES, OR OTHER SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. AMENITIES HEALTH AND ITS MEMBERS, SHAREHOLDERS, DIRECTORS, MANAGERS, EMPLOYEES, OFFICERS, OFFICERS, 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, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, AMENITIES HEALTH 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, AMENITIES HEALTH SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY PROVIDERS PROVIDING MEDICAL CARE TO MEMBERS OF A PROGRAM.
Limitation of Liability
IN NO EVENT SHALL AMENITIES HEALTH BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) ONE MONTH'S SUBSCRIPTION RATE OF YOUR SUBSCRIPTION PLAN, OR (ii) IN THE EVENT NO SUBSCRIPTION PRICE WAS PAID OR REQUIRED, ONE THOUSAND DOLLARS ($1,000). IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AMENITIES HEALTH 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, THE SERVICES INCLUDING THE HEALTHCARE SERVICES, THE SITES, THE PLATFORM OR OTHER SERVICES OFFERED OR PROVIDED THROUGH THE SITES OR BY OTHER MEANS OR ANY INFORMATION OR PRODUCTS CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED OR SERVICES SUBSCRIBED TO ON THE SITES OR OTHERWISE, EVEN IF AMENITIES HEALTH IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. YOU ACKNOWLEDGE AND AGREE THAT AMENITIES HEALTH’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS UNAVAILABLE SHALL NOT EXCEED: (A) 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, OR (B) IN THE EVENT NO SUBSCRIPTION PRICE WAS PAID OR REQUIRED, ONE THOUSAND DOLLARS ($1,000). 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. AS STATED ABOVE, AMENITIES HEALTH SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY PROVIDERS PROVIDING MEDICAL CARE TO MEMBERS.
Indemnity
You agree to defend, indemnify and hold harmless Amenities Health and its Affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions and suits (no matter whether at law or equity), fees, costs and attorneys' fees (including appellate level) of any kind whatsoever arising, directly or indirectly, out of or in connection with (i) your use or misuse or of the Sites or the Platform or any Site Content or Services; (ii) your membership or subscription to the Program; (iii) your breach of these Terms and Conditions, or any Member Subscription Agreement; (iv) your relationship with or interactions with any Provider; or (v) a deficiency in the content or subject matter of or any information you provide to Amenities Health, any of its Affiliates, any participating Provider or customer service agent, and/or (vi) any negligent or wrongful action or omission by you in the use of the Sites or the Platform or any Site Content, including, without limitation, infringement or violation of third party intellectual property rights, or privacy rights.
Dispute Resolution; Informal and Formal Resolution by Arbitration; Class Action Waiver
Amenities Health will try to work in good faith to resolve any issue you have with the Sites or the Platform through its customer service department. However we realize there may be cases where we may not be able to resolve an issue to a customer's satisfaction. At Amenities Health’s discretion, it may require you to submit any disputes arising from these Terms and Conditions, any Member Subscription Agreement, or your use of the Sites or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND AMENITIES HEALTH HEREBY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Amenities Health agree in writing, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Governing Law
You agree all matters related to any use or access of the Sites (including the Platform) will be governed by the laws of the State of Texas without regard it its conflicts of laws rules. Venue for any claims or controversies arising out of these Terms and Conditions or related to any use or access of the Sites or
the Platform or the Services will be exclusively in Williamson County, Texas. You hereby waive any objections to such jurisdiction or venue.
Force Majeure
Notwithstanding anything herein to the contrary, Amenities Health 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.
Notices
Amenities Health may provide notice to you via the e-mail address you provided during registration or by a general notice on the Sites. You may give notice to Amenities Health at any time by emailing legal@amenitieshealth.com.
Procedure for Unlawful Material
General. If you believe that any material posted on the Sites or the Platform does not conform to these Terms and Conditions, please notify us at legal@amenitieshealth.com.
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act (the “DMCA,” 17 U.S.C. §512, as amended) as applicable to the Sites and the Platform.
If you have an intellectual property rights-related complaint about material posted on the Sites or the Platform, you may contact our designated agent at the following address:
Amenities Health
ATTN: Legal Department (Copyright Notification)
9900 Spectrum Drive
Austin, TX 78717
+1 214-308-1902
Email: legal@amenitieshealth.com
Please note that, under applicable law, if you knowingly give false, misleading or inaccurate information that material is infringing, you may be subject to civil or
criminal penalty. Any notice under the DMCA alleging that materials hosted by or distributed through the Sites or Platform infringe intellectual property rights must include all of the information required by the DMCA for such notices.
Entire Agreement; Severability
These Terms and Conditions and the Member Subscription Agreement constitute the sole and only agreement of you and Amenities Health and supersede any prior understandings or written or oral agreements between you and Amenities Health with respect to their subject matter and constitute a complete and exclusive statement of the terms of the agreement between you and Amenities Health with respect to their subject matter. The provisions of these Terms and Conditions are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.
