February 1, 2018
IF YOU HAVE A MEDICAL EMERGENCY,
IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911
THE SERVICE MIGHT NOT BE APPROPRIATE
FOR ALL MEDICAL CONDITIONS OR CONCERNS
THIS SERVICE ENABLES COORDINATION
AND COMMUNICATION WITH A HEALTH CARE PROVIDER.
IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN.
1.USE OF THE APP.
Brightside Health, Inc. ("we ", "us", or "our "), operates this Brightside Health software application (the "App”). Through the App we offer an online telehealth service (the "Service ") that lets people in select states (“States Where We Operate”) access and understand information about health and wellness related to Depression (“Content”), development, gathering, and maintaining of healthcare information and records for use in provider communications and appointments, administrative and technical support in connecting with healthcare providers through affiliated entities for communication, consultation, assessments, and treatment by such healthcare providers, and ongoing monitoring of symptoms and treatment at the request of said healthcare providers. Health care providers providing Services through the Site are licensed to practice in the states in which they treat patients and are third-party beneficiaries of this Agreement. Brightside Health, Inc. does not provide any medical services.
SPECIAL CONSENT TO TELEHEALTH SERVICES
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to:
The electronic systems used in the Brightside Health Service will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
YOUR RELATIONSHIP WITH BRIGHTSIDE HEALTH
Brightside Health provides a platform for you to consult with a health care provider with an affiliated professional entity and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Service are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with a Brightside Health affiliate health care provider through the Service, you are not entering into a provider-patient relationship with Brightside Health.
In some cases, an affiliated health care provider may use the Service to provide advice or treatment to you. A health care provider consulting with you through the Service may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk to you of this limitation, Brightside Health strongly encourages you to provide all relevant information and discuss all diagnosis and treatment options with a health care provider. Moreover, a health care provider utilizing Brightside Health may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Service may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose your condition, disease or injury.
2. GEOGRAPHICAL RESTRICTIONS AND AVAILABILITY
You may only use the App from an internet connected device located in one of the States Where We Operate. Brightside Health makes no representation that the App is appropriate or available for use in locations outside the States Where We Operate.
The Brightside Health Service is available in the following States Where We Operate: California.
3. APP CONTENT.
You should not consider content on the App to be medical advice. Only recommendations from a prescribing doctor should be considered medical advice.
4. USER ACCOUNTS.
When you register on the App, you need to create an account ("Account ") by entering your name, email address, password, and certain other information we collect. You may not transfer or share your Account password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You are responsible for changing your password promptly if you think it has been compromised. To change your password go into 'Dashboard' within the App or contact firstname.lastname@example.org. We reserve the right to take any and all action, as it deems necessary or reasonable, regarding the security of the App and your Account. You may not use anyone else's account at any time.
5. ACCESS RIGHTS.
7. TRADEMARKS. Certain names, logos, and other materials displayed on the App may constitute trademarks, trade names, service marks or logos ("Marks ") of Brightside Health or other entities. You are not authorized to use any such Marks without the express written permission of Brightside Health. Ownership of all such Marks and the goodwill associated therewith remains with us.
8. TERMINATION. Brightside Health may suspend or terminate your use of the App for any reason at any time. Subject to applicable law, Brightside Health reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the App pursuant to its internal record retention and/or content destruction policies . After such termination, Brightside Health will have no further obligation to provide the Service, except to the extent we are obligated to provide you access to your health records or we are required to provide you with continuing care under our applicable legal, ethical and professional obligations to you.
9. RIGHT TO MODIFY.
10. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. WE PROVIDE THE APP ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRIGHTSIDE HEALTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON.INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION.
11. LIMITATION OF LIABILITY.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BRIGHTSIDE HEALTH OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OF THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
The Digital Millennium Copyright Act of 1998 (the "DMCA ") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the App infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counternotice. Notices and counter-notices the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the App infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counternotice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Brightside Health, Inc. 44 Montgomery St. 3rd Floor, San Francisco, CA 94104.