Terms and Conditions of Use
Note, Klinic is not a medical group. Any telehealth consults obtained through our Website and/or App are provided by independent medical practitioners including, but not limited to, Klinic Medical, PLLC. (collectively, “Klinic” or “Klinic Medical”), an independent provider group with a network of United States based health care providers (each, a “Prescribing Provider”). (See the Section below titled Supplemental Terms Applicable to Prescribing Providers.)
THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND Klinic AND/OR Klinic Medical TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CAREFULLY. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Services Provided – No Medical Care or Advice by Klinic.
Klinic Medical Prescribing Providers deliver clinical services via the Klinic platform to their patients. Klinic licenses the “Klinic Medical” brand name to the independently owned and operated medical practices that use its platform and its administrative, business support, and other services. Prescribing Providers are independently contracted or employed by the Klinic Medical. Prescribing Providers are not contracted or employed by Klinic. The Prescribing Providers, and not Klinic, are responsible for the quality and appropriateness of the care they render to you. Klinic and Klinic Medical do not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by a Prescribing Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations.
The Prescribing Providers are independent of Klinic and are merely using the Website and App as a way to communicate with you. Klinic does not own or have an ownership interest in Klinic Medical and Klinic Medical does not own or have an ownership interest in Klinic. Any information or advice received from a Prescribing Provider comes from them alone, and not from Klinic. Your interactions with the Prescribing Providers via the Website and App are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Klinic, nor any of its subsidiaries or affiliates or any third party who may promote the Website and App or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Prescribing Provider via the Website and App or Service, nor any information obtained on the Website and App. Klinic does not recommend or endorse any specific Prescribing Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Prescribing Providers or information delivered by the Prescribing Providers via the Website and App or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
Klinic does not make any representations or warranties about the training or skill of any Prescribing Providers who deliver services via the Website and App or Service. You will be provided with available Prescribing Providers based solely on the information you submit to the Website and App.
The content of the Website and App and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Klinic. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Klinic, or in connection with any communications supported by Klinic, is intended to be for general information purposes only, and is in no way intended to create a prescribing provider-patient relationship as defined by state or federal law. While Klinic facilitates your selection of, and communications with, Prescribing Providers, Klinic does not provide medical services, and the doctor-patient relationship is between you and the Klinic Medical Prescribing Provider you select.
The medical services, treatment, and care you receive may vary depending on the Prescribing Provider you interact with. Please contact your Prescribing Provider or Klinic Medical directly for any questions regarding your care or medical treatment.
Not for Emergencies.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Klinic’s Website, App and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Website and App. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Prescribing Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Risks of Telehealth Services. Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person health care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by Klinic Medical and Prescribing Providers through the Website and/or App. You agree that Klinic is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
Not an Insurance Product. Neither Klinic nor Klinic Medical are insurers. The Services are not insurance products, and the amounts you pay to Klinic or Klinic Medical are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
Availability of Services. Klinic and Klinic Medical operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Website and App or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Website and App or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
Electronic Communications. When you use the Website, App or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. By opting in to use Klinic’s Services, you agree that when you use or enter the Website or App, you affirmatively consent to conduct business electronically with Klinic and engage in health-oriented activities with health professionals and professional entities affiliated with Klinic, and you agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Klinic and/or Klinic Medical may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your User Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Website, App and the Services until you provide the information to us as requested.
Accuracy of Information. Although Klinic attempts to ensure the integrity and accuracy of the Website, the App and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Website or App, Service descriptions and other content on the Website or App. It is possible that the Website and App could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website and App by third parties. In the event that an inaccuracy arises, please inform Klinic so that it can be corrected. Information contained on the Website and App may be changed or updated without notice. Additionally, Klinic shall have no responsibility or liability for information or content posted to the Website and App from any non-Klinic affiliated third party.
Compliance with Law. Additionally, you agree to comply with all applicable laws for visiting, accessing, registering with and using the Website and the App and for purchasing any Products or Services through the Website or the App, and you may only use them for lawful purposes.
Your Device Functionality. You are responsible for obtaining and maintaining your device, software, operating system, carrier and network access necessary to properly access and use Klinic’s Services. Klinic does not guarantee that the Website, the App or any portions thereof will function on or in connection with any particular device, software, operating system, carrier, or network. You hereby acknowledge and agree that information about your use of Klinic’s Services through your device may be sent to Klinic and/or certain third parties, as deemed necessary to provide the Services. All rates and data fees of your device’s carrier apply. Klinic is in no way responsible for your carrier rates and data fees, where applicable.
Modified Devices and Operating Systems. Klinic will have no liability for errors, unreliable operation, or other issues resulting from use of the Website and App on or in connection with rooted or jailbroken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Website and App on Modified Devices will be at your sole and exclusive risk and liability.
Intellectual Property. With the exception of your electronic medical record, Klinic and Klinic Medical, as applicable, retain all right, title, and interest in and to the Website and App, the Services and any information, products, documentation, software, or other materials on the Website and App, 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 and App licensed by Klinic or Klinic Medical (in that case, the license provider retains all right, title, and interest therein). The information available through the Website and App and the Services is the property of Klinic or Klinic Medical, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Klinic or Klinic Medical trademarks, service marks, and logos are strictly prohibited without the prior written permission of Klinic or Klinic Medical, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Website and App. Nothing contained on the Website or App 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 and App without the written grant thereof by Klinic, Klinic Medical, or the third party owner of such trademarks, service marks, or logos. The Website and App may contain other proprietary notices and copyright information, the terms of which you agree to follow. Klinic may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
User Materials License. All names, photographs, information, communications and any other content that you submit to or publish on or through the Website or the App, or that you submit to or publish on an online social media account (e.g., Facebook, Twitter, Instagram) that you own and link or otherwise associate with the Website, the App or your User Account (defined below), including any medical information you provide via the Website or the App, if any and as applicable, is hereinafter defined as the “User Materials.” you agree not to provide any User Materials that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You represent and warrant to Klinic and Klinic Medical that you have the legal right and authorization to provide all User Materials to Klinic and Klinic Medical for use as set forth herein and required by Klinic and the Klinic Medical Prescribing Provider. Klinic or Klinic Medical may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Klinic or Klinic Medical may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
Disclaimer of Warranties. Klinic DOES NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE AND APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE AND APP WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE OR APP IS AT YOUR SOLE RISK. THE WEBSITE AND APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE ARE PRESENTED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. Klinic DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEBSITE OR APP. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, THE APP, AND SERVICES. Klinic DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY. WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY Klinic (OR Klinic Medical) ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY Klinic OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. Klinic (OR Klinic Medical) DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. Klinic Medical PRESCRIBING PROVIDERS MAY NOT PRESCRIBE DEA CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR WEBSITE OR APP MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. Klinic AND Klinic Medical DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITE OR APP, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
Termination or Suspension of Service. Klinic has the right to suspend or terminate the function or existence of all or any part of the Website, the App and/or your User Account at any time, and without notice or recourse, as deemed advisable. Klinic shall not be liable to you or any third party(s) for any loss or damage that is caused by or arises from or in connection with any such suspensions or terminations. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carriers. We are not responsible for maintaining information arising from use of the Website and App or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Website and App or the Services in accordance with our internal record retention or destruction policies.
Klinic Medical Pages. Certain pages within the Website and App contain healthcare-related information, herein collectively referred to as the “Klinic Medical Pages.” Klinic Medical Pages are provided and operated by Klinic as a service to Klinic Medical. All communications, statements, materials, and transactions published or conducted on, through or in relation to the Klinic Medical Pages are those of Klinic Medical and not Klinic. Klinic is not a party to or responsible for any such communications, statements, materials, transactions, products, or services; rather it is merely an intermediary.
Export Compliance. You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold Klinic and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Klinic and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against Klinic or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your User Account will be terminated for any of the above infractions.
User Account Activity and Responsibility. You agree to fully, accurately, and truthfully create your User Account, including but not limited to your name, phone number, email address, and password, which become your Klinic ID and credentials. The Klinic ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Klinic ID or credentials, and you are responsible for all activity that occurs under your User Account. You may not allow another individual or third party to access, use, or modify your User Account. You are responsible for maintaining the security of your User Account by way of keeping your login credentials secret to only yourself. You are also responsible for maintaining the completeness and accuracy of the contents of your User Account as this information is used by Klinic Medical to render appropriate medical care. Please contact us at firstname.lastname@example.org if you suspect that another individual or third party has gained access to your User Account.
Automatic Renewals. Your Membership will automatically renew on a monthly basis at the end of an existing subscription period. Klinic will bill you for the subsequent membership period on a monthly basis. You are responsible for paying for this. Should you cancel your Membership (see below) before the end of the current billing cycle, then access to the Membership Services will be removed, but you will continue to have access to the membership pages as they may contain personal health information.
Cancellations. Please email email@example.com by 9am PT 14 business days before your scheduled billing date to cancel your account. Klinic reserves the right not to refund any prepaid amounts due to cancellations.
Third-Party Payment Processing Vendor. All credit card, debit card and other monetary transactions on or through the Website and the App – whether with Klinic or Klinic – occur through an online payment processing application that is provided by a third-party vendor(s). This information is accessible through the Website and the App. Such arrangements are contractual in nature and are not under the direct control of Klinic or Klinic.
Payment Authorization and Obligations. By providing Klinic with your payment information, you hereby authorize, but under no obligation, Klinic to do the following as Klinic deems necessary: (a) share your payment information with Klinic, Inc, Klinic, and any Klinic subsidiaries (henceforth “The Company”); (b) share your payment information with the third-party payment processing vendor(s) (see above); and (c) obtain your updated payment information from your payment issuer, the third-party payment processing vendor(s), and/or applicable third-party providers. You agree that you are responsible for all amounts that accrue under your account(s) with The Company, the third-party payment processing vendor(s), and/or other third parties on or through the Website and the App. This includes, but is not limited to, your subscription fees, unpaid invoices, overdraft charges, penalty fees, as well as payment validation fees (which consists of a temporary hold of $0.01 when updating payment information in order to facilitate the transaction and verify the validity of your payment method).
Refusal of Products and Services on Fraud. Klinic has the right to refuse its Products and Services (including, without limitation, the Website, the Apps, and any Products and Services offered by Klinic) on suspicion of fraudulent or illegal activity associated with your User Account. This includes, but is not limited to, stolen payment information or falsified medical information resulting in a prescription and subsequent medication by Klinic.
Waiver of Claims and Unauthorized Payments. You agree to waive all claims against Klinic related to any unauthorized payments made on or through your account(s) with Klinic, Klinic’s’ third-party payment processing vendor(s), Klinic or any other third parties and/or any other person or entity, regardless of whether such payments are authorized or unauthorized. However, you may submit a claim of the unauthorized payment to Klinic so that Klinic can conduct a reasonable investigation as it sees fit under the circumstances. If appropriate, Klinic will assist in correcting the alleged unauthorized payment, provided that such claim (“Unauthorized Payment Claim”) is received by Klinic within thirty (30) days of the subject charge or payment.
Refunds. Except as required by applicable law, there are no refunds regardless of whether Services were utilized (including, but not limited to, Prescribing Provider visits, Peer Advocate or Therapist sessions, and medication delivery). All orders are final once shipped. When the package is dispensed by the pharmacy, the order cannot be returned or refunded. Federal law prohibits pharmacies from accepting returns or exchanges on prescriptions, to protect the integrity of the medication and the health of the patient. If you think you’ve received the wrong medication, have received an order in error, or have any other questions, please contact us at firstname.lastname@example.org.
Certain Products available through the Website and App require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription Product unless you have completed a consultation with one of the Prescribing Providers through the Website or App, the Prescribing Provider has determined the prescription Product is appropriate for you and the Prescribing Provider has written a prescription.
If a Prescribing Provider determines a prescription Product is appropriate for you and writes a prescription, you may fill it through a pharmacy we have contracted with (“Pharmacies”) by using the Website or App, or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service or emailing email@example.com. Prescriptions fulfilled by the Pharmacies may not not use child-resistant packaging and prescription Products may not be dispensed in child-resistant containers.
If you complete a consultation with a Prescribing Provider and fill a prescription through one of the Pharmacies, the prescription Product will be shipped to you by the applicable Pharmacy.
Klinic does not endorse any specific medication, pharmacy, or pharmacologic product. If a Prescribing Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Prescribing Providers may not prescribe certain DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their increased potential for abuse. Prescribing Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Prescribing Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Klinic and Klinic fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Prescribing Provider to transmit that prescription to the pharmacy of your choice as long as it is in a state where the provider is licensed. Otherwise, you hereby consent to Klinic using one of the Pharmacies.
During your use of the Service, you hereby consent to (a) the medication (including refills) prescribed by a Prescribing Provider, (b) the price of said medication (including refills) and (c) to the extent it’s not covered by insurance, payment for said medication (including refills).
Express Consent. Klinic and Klinic are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You hereby expressly consent to receive text messages from us as set forth under the Section above, “Consent to Receive Calls and Text Messages and Video Recordings”. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. Voice, SMS, and data fees apply. However, granting of this consent is not a condition for receiving Services from Klinic. Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section “Contact Us” below.
Klinic Short Code Program.
- This program will notify you of promotions and key offers of Klinic.
- You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at firstname.lastname@example.org.
- Carriers are not liable for delayed or undelivered messages.
- As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive daily to weekly messaging. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Communication Opt-Out. You may opt-out of receiving any of the above as described at any time by going through your User Account. Opting out may impact your receipt, the success, and/or the performance of Klinic’s paid Membership Services.
Prohibited Activities. You are prohibited from violating or attempting to violate the security of the Website or the App, including, without limitation: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Klinic or its licensors with respect to the Website or the App; (c) the reproduction or publication of the Website, the App or any data or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authorized by Klinic herein); (d) the use of any software, program, process, device, application or routine (e.g. robots, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, decrypt, interfere with the Website, the App, any servers which may host the Website or the App; (e) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access.You further agree not to: (i) access the Website and App or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, the App 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, the App or the Services; (v) use robots or scripts with the Website or App; (vi) 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 App; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Klinic; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Website, the App or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties. You agree to defend, indemnify, and hold harmless Klinic, Klinic Medical, and the Prescribing Providers from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Materials you upload to or transmit through the Website and App or any breach of this Section. Violations of system or network security may result in civil or criminal liability. Klinic may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Your use of the Website and the App is done at your own risk. The Website, the App, the success or performance of the Website or the App and all information, communications, content, features, Products and Services offered, sold and/or licensed on or through the Website and/or the App are provided to you on an “as is,” “where is,” “as available,” and “with all faults” basis.
All descriptions, images, references, features, content, specifications, products, and prices of any Products or Services offered by Klinic (or possibly Klinic Medical) on or through the Website or the App are subject to change at any time and without notice to you. Any medical products are provided subject to all warnings, limitations, and restrictions published or provided by the manufacturer thereof.
Limitation of Liability. Klinic SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF Klinic Medical OR THE PRESCRIBING PROVIDERS. Klinic AND ANY THIRD PARTIES MENTIONED AND ANY OF Klinic’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEY FEES, LOST PROFITS, REPLACEMENT COSTS OR REPAIR COSTS) WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) CAUSED BY OR ARISING FROM OR IN CONNECTION IN ANY WAY TO THE WEBSITE AND APP, SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE AND APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND APP, OR SERVICES IS TO STOP USING THE WEBSITE, APP OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF Klinic TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE AND APP IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES. THE DISCLAIMERS AND LIMITATIONS SET FORTH ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW.
Authorization for the use or disclosure of health information.
Completion of this document authorizes the use and disclosure of health information about you.
By clicking or opting in, I hereby authorize the disclosure to and from Klinic Medical Group of all health information pertaining to my medical history, mental and/or physical condition, and treatment received, including demographic information, financial information (including but not limited to payment card information), and health plan benefits billing information for purposes of my care. This disclosure will include my mental health information, to the extent applicable.
Pursuant to this Authorization, my health information may be disclosed so that Klinic Medical Group may provide treatment and services to me. Disclosure (for example, to a pharmacy) may also be made for the purposes of prescription fulfillment, related billing, and all activities related to such purposes. Disclosure may also be made for the purposes of Klinic Medical Group obtaining reimbursement for the services provided to me, including billing, insurance claims submission, and all activities related to such purposes.
This Authorization is valid for five (5) years from the date hereof, or for the duration permitted under applicable state law, whichever is earlier.
I understand that, except to the extent that a lawful holder of my information has acted in reliance on this Authorization, I have the right to revoke this Authorization, in writing, at any time by sending such written notification to the entity disclosing my information.
I understand that information used or disclosed pursuant to this Authorization may be subject to redisclosure by the recipient of such information and may no longer be protected by Federal or State law. Neither the entity disclosing my information nor Klinic Medical Group will condition my treatment on whether I provide authorization for the requested use or disclosure except as otherwise permitted by law.
I understand that I have the right to: inspect or copy the information to be used or disclosed as permitted under Federal or State law; refuse to authorize this Authorization; and receive a copy of this Authorization. I have read the above information and authorize the disclosure of my information for the purpose described herein.
By clicking or opting in, I acknowledge that I have read and agree to the terms of this Authorization.
Copyright/Trademark Information. Copyright ©2021 Klinic, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Website and App are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
You and Klinic and/or Klinic Medical agree that any dispute, claim, or controversy, whether based on past, present or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof); the Website and/or App; any content currently or previously available on or through the Website and/or App; any Products or Services; your relationship with Klinic and/or Klinic Medical; your user data; the threatened or actual suspension, deactivation, or termination of your Account or this Agreement; payments made by you or any payments made or allegedly owed to you; any promotions, benefits, or other offers; and any other federal and state statutory and common law claims (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction (which shall be exclusively in the state or federal courts located in San Francisco, CA) to prevent the actual or threatened infringement, misappropriation or violation of a party’s data or copyrights, trademarks, trade secrets, patents or other intellectual property rights. All disputes concerning the arbitrability of a Dispute (including disputes about the scope, applicability, enforceability, legality, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided herein.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND Klinic AND/OR Klinic Medical ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL DISPUTES, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT.
You acknowledge and agree that you and Klinic and/or Klinic Medical are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class, collective, or consolidated proceeding. Further, unless you and Klinic and Klinic Medical otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, collective, consolidated or representative proceeding.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Agreement. The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879 or any subsequent applicable telephone number. The Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement. It is your and Klinic’s and/or Klinic Medical’s intent that the FAA and AAA Rules will preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue will be resolved under the laws of the State of California. This Agreement governs to the extent it conflicts with the AAA Rules or FAA.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration and a separate form for California residents at adr.org. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Klinic and Klinic Medical otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Klinic and Klinic Medical submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
Terms of Service Addition for Patient Consent to Fill
Agreement to Contract Pharmacy Relationship. You have a right to select any pharmacy of your choice to fill prescriptions obtained through our service. For prescriptions you will choose to have filled through our service, you agree to fulfillment of the prescription through our contract Pharmacy, as follows:
Authorization to Fill Your Prescription Order and Bill Your Insurance Company
Anytime you present your prescription(s) and your prescription insurance billing information, you are authorizing our partner Pharmacy or one of its affiliates to bill the fee for your prescription to your insurance company or its agents, and you agree to pay any out-of-pocket copayment amount assigned by your insurance company.
Policies and Procedures. Payment in full for services, including any copayments assigned by your insurance company, are due at the time services are performed or medications are picked up or delivered. As the patient/guarantor, you are financially responsible for any fees and costs associated with any services or products you receive from our pharmacy.
Co-payments will be collected at the time of service either directly by the Pharmacy or by Klinic on behalf of the Pharmacy.
As the patient/guarantor, it is your responsibility to know your insurance benefits and to provide our pharmacy with accurate and current insurance information.
If you are a patient with a secondary insurance, a coupon, or other discount permitted by law and your insurance company, it is your responsibility to provide both your insurance identification card, secondary insurance identification card, coupon, or other authorized coupon or discount card. If our pharmacy does not have the proper information for a secondary insurance, including coupons, the secondary insurance will not be billed. If your secondary insurance, coupon, or other discount is legal and permitted by your primary insurance, the pharmacy will collect payment from that secondary payor.
Our partner pharmacy or one of its affiliates will bill your insurance as applicable, however, you are ultimately liable for any fees and costs not covered or paid by your insurance. Questions about non-payment should be directed to your insurance company. In the event that your medication is not covered by your insurance company for any reason including, but not limited to: drug not covered, non-participating pharmacy, out-of-network pharmacy, prior authorization required, step therapy required, or other rejection message the pharmacy staff, or Klinic on behalf of Pharmacy staff, will review this information with you including information about how to obtain prior authorization (if applicable). You have the option of paying the pharmacy cash at our Usual & Customary rate if your medication or order is not covered by your insurance.
Patient Responsibility. I understand and agree that I am financially responsible for all charges for any and all services rendered.
I understand that while my insurance may confirm my benefits, confirmation of benefits is not a guarantee of payment and that I am responsible for any unpaid balance.
I understand and agree that it is my responsibility to know if my insurance has any deductible, co- payment, co-insurance, out-of-network, usual and customary limit, prior authorization requirements or any other type of benefit limitation for the services I receive and I agree to make payment in full.
I agree to inform the pharmacy of any changes in my insurance coverage. If my insurance has changed or is terminated at the time of service, I agree that I am financially responsible for the balance in full.
By agreeing to these terms of service, I am attesting that the information above has been communicated with me, I had the opportunity to ask questions, I had the opportunity to have my prescriptions transferred to another pharmacy in lieu of agreeing to have Truepill fulfill the prescription, and I have the opportunity to transfer my prescriptions to another pharmacy at any point in the future regardless of my agreement to the terms of service.
– By email: email@example.com
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