1. Use of the Website.
Healthcare On Demand, Inc. and Ortho On Demand, P.C. (collectively, ("Ortho Care On Demand", "we", "us", or "our") operate the website located at www.orthocareondemand.com and other related websites or applications with links to this Terms of Use (collectively, the "Website"). The Website allows any individual who utilizes the Website to obtain limited non-emergency or urgent orthopedic services from on-call orthopedists ("Orthopedists" or "Orthopedic Groups"at a suitable medical office (the "Services"). By accessing and using the Website, you agree to be bound by the terms of use set out below (the "Agreement") and all other terms and policies that appear on the Website. If you do not agree to all of the terms of this Agreement, do not use the Website or the Services. Ortho Care On Demand may revise and update this Agreement at any time. Your continued use of the Website or the Services will mean you accept the revised Agreement.
2. Definitions.
To "Enroll" is to register for the Website or utilize to our Services. "You" or a "user" refers to any individual who utilizes the Website or Enrolls with Ortho Care On Demand. "Personally Identifiable Information" or "PII" means information about you that is personally identifiable to you, such as your name, mailing address, email address, telephone number, or credit card information. PII may also include personally identifiable health or medical information ("Health Information" or "PHI"). "Orthopedic Group" means an independent medical practice contracting with Ortho Care Demand, P.C. to provide medical services to users and also includes Ortho Care Demand, P.C. when it provides Services. An "Initial Exam" means an orthopedic assessment of a User's condition, x-rays (if necessary), primary interventions and any other medical services, treatment or care necessary to stabilize the User's injury.
3. Healthcare Services.
All of the physician members of Orthopedic Groups who deliver Services through Ortho Care Demand, Inc. are independent professionals solely responsible for the services each provides to you. Each Orthopedic Group and physician is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Healthcare On Demand, Inc. nor any third parties who support the Services or provide you with a link to the Service shall be liable for any professional advice you obtain from an Orthopedic Group via the Services.
4. Website Content.
None of the Website content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
5. Our Services.
Healthcare On Demand, Inc. is a technology information services provider that provides patients with health information and provides a forum for independent Orthopedic Groups to provide the Services, allowing the Orthopedic Groups to diagnose and deliver medical treatments in-person to adults or children.
Orthopedic Groups perform thorough background checks on physicians to ensure that they are in current good standing with the California medical board, as well as thorough background checks on any medical assistants providing care during an Initial Exam.
Orthopedic Groups and the physicians of each Orthopedic Group, are not employees of Healthcare On Demand, Inc. Employees of Healthcare On Demand, Inc. do not provide users health care services and take no part in your medical diagnosis and/or treatment. Healthcare On Demand, Inc. shall not be liable for any professional advice from a health care professional that is provided to a user in-person or via telephone, nor for any information obtained on our Website. We do not recommend or endorse any specific tests, health care or service providers, medications, products or procedures. You acknowledge that your reliance on any health care providers connected through our Website or information provided by such health care providers to you is solely at your own risk and you assume full responsibility for all risk associated therewith, as allowable by the extent of the law.
Consult with your current licensed health care provider as necessary and before seeking any new treatment or before you alter, suspend or initiate any change in your medical treatment, medication routine or health care related procedure or activity. Do not disregard medical advice issued to you by your regular licensed healthcare provider.
You will be required to enter into separate agreements with the Orthopedic Group providing you with medical services for any care performed beyond an Initial Exam. Additionally, Orthopedic Groups may require you to enter into separate agreements prior to performing an Initial Exam, including, but not limited to, arbitration agreements, privacy policies, medical services consents, and nondisclosure agreements. Healthcare On Demand, Inc. is not responsible for any issues you may have with respect to the Orthopedic Groups' or a physician's professionalism, timeliness, medical treatment, diagnosis or advice, information provided, or any other actions or omissions arising from, or incident to, any services provided by the Orthopedic Groups or physicians.
6. Eligibility.
You must reside in California and be 18 years of age or older to use the Website and schedule the services provided through the Website. You understand that there may be no Orthopedic Group or physician in your area and we cannot guarantee that a physician will be available to provide Services in your area. If you are requesting pediatric Services for a minor, you must verify that you are the parent, guardian or other personal representative with the authority to make health care decisions for the minor. By using the Website and our Services you represent that you are at least 18 years of age or are the parent, guardian or other personal representative for a minor.
7. Fees and Purchase Terms.
The Orthopedic Groups that provide the Services currently charge on a fee-for-service basis in connection with providing an Initial Exam ("Service Fee"). Ortho Care On Demand and the Orthopedic Groups do not take payment from any state or federal governmental health plan such as Medicare or Medicaid, nor from any third party payer such as your employer's group health plan. You agree to pay all fees or charges in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Ortho Care On Demand with your credit card number or online payment account (such as PayPal) and associated payment information, you agree that Ortho Care On Demand is authorized to immediately invoice your account for all fees and charges due and payable to Ortho Care On Demand hereunder and that no additional notice or consent is required. You are responsible for payment of the Service Fee, and neither Ortho Care On Demand nor the Orthopedic Groups will seek any reimbursement from an insurer or other third party payer for the Services provided to you. Should you independently seek reimbursement form an insurer or other third party payer, Ortho Care On Demand offers no guarantee that you shall receive any such reimbursement. Ortho Care On Demand reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to this Agreement. You understand and agree that for Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to the fees you would have paid for the scheduled services.
8. Privacy.
Ortho Care On Demand is required to comply with applicable state and federal health care privacy and security laws and maintain safeguards to protect the security of your health information. Additionally, the information you provide to the Orthopedic Group during an Initial Exam is confidential, except for certain legal exceptions as more fully described in our Privacy Policy. We devote considerable effort toward ensuring that your PII is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and Ortho Care On Demand. Ortho Care On Demand cannot ensure the security or confidentiality of messages sent by email or other electronic communication. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by Ortho Care On Demand.
9. User Accounts.
When you Enroll on the Website, you are required to create an account ("Account") by entering your name, email address, password and certain other information collected by Ortho Care On Demand (collectively "Account Information"). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Website will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Ortho Care On Demand reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website and your Account Information. In no event and under no circumstances shall Ortho Care On Demand be held liable to you for any liabilities or damages resulting from or arising out of your use of the Website, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else's Account at any time.
10. Use of the Services by Children.
The Services are available for use by children, but the user for all patients under the age of 18 must be the patient's parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with this Agreement. If you are using the Website for Services to a minor, you must be available during the Initial Exam with the minor, you are responsible for payment for the Services provided the minor, and you are assuming the obligations of this Agreement as they relate to the minor.
11. Access Rights.
We hereby grant to you a limited, non-exclusive, nontransferable right to access the Website and use the Services solely for your personal non-commercial use and only as permitted under this Agreement and any separate agreements you may have entered into with us ("Access Rights"). We reserve the right, in our sole discretion, to deny or suspend use of the Website or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Website or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Website; (d) distribute viruses or other harmful computer code through the Website or (e) otherwise use the Services or Website in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language and behavior which could be regarded as inappropriate, or conduct that is unlawful or illegal, when communicating with Orthopedic Groups through the Website and to refrain from contacting Orthopedic Groups for telehealth services outside of the Website. Ortho Care On Demand is not responsible for any interactions with Orthopedic Groups that are not conducted through the Website. We strongly recommend that you do not use the Website on public computers. We also recommend that you do not store your Account password through your web browser or other software.
12. Website Links.
WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY THIRD PARTY WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
13. Ownership.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Ortho Care On Demand, their licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Agreement permits you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except as generally and ordinarily permitted through the Website according to this Agreement. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
14. Trademarks.
Certain of the names, logos, and other materials displayed on the Website or in the Services may constitute trademarks, trade names, service marks or logos ("Marks") of Ortho Care On Demand or other entities. You are not authorized to use any such Marks without the express written permission of Ortho Care On Demand. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
15. Termination.
You may deactivate your Account and end your registration at any time, for any reason by sending an email to support@orthocareondemand.com. Ortho Care On Demand may suspend or terminate your use of the Website, your Account and/or registration for any reason at any time. Subject to applicable law, Ortho Care On Demand reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website pursuant to our internal record retention and/or content destruction policies. After such termination, Ortho Care On Demand will have no further obligation to retain records of the communications or materials, except to the extent we are obligated to provide you access to your health records.
You may not: (1) Upload, post, or transmit to any Orthopedic Group by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (2) impersonate any person or entity, including another Ortho Care On Demand user, Orthopedic Group physician, or an employee of Ortho Care On Demand, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted; (4) upload, post, email, or otherwise transmit through the Website by any means, content, materials, or comments that could be characterized as "medical advice;" (5) attempt to interfere with or disrupt our servers or networks; intentionally violate any applicable local, state, national or international law or any regulations having the force of law; (6) stalk or otherwise harass another user of our Services or any of our employees, or any independent Orthopedic Group or physician; (7) solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, any minors, or users, including user names or passwords; or (8) access or attempt to access another user's Account without his or her consent or, in the case of a minor, that of the minor's parent or guardian.
16. Right to modify.
We may at our sole discretion change, add, or delete portions of this Agreement at any time on a going-forward basis. Continued use of the Website and/or Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Agreement, inclusive of such changes.
17. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ORTHO CARE ON DEMAND 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.
You acknowledge and agree that Healthcare On Demand, Inc. does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Orthopedic Groups, including physicians and other Orthopedic Groups in the Ortho Care On Demand network. You acknowledge and agree that the Orthopedic Groups are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Orthopedic Groups, in their sole discretion, as they deem appropriate.
18. LIMITATION OF LIABILITY.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ORTHO CARE ON DEMAND OR THEIR 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, (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR THROUGH THE WEBSITE OR SERVICES OR ANY WEBSITES LINKED TO THE WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS, SERVICES OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE OR SERVICES OR ANY ORTHOPEDIC GROUP OR HEALTH CARE PROFESSIONAL; OR (F) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES. IN NO EVENT SHALL ORTHO CARE ON DEMAND'S TOTAL LIABILITY TO YOU OR ANY MINOR FOR WHOM YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO ORTHO CARE ON DEMAND. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ORTHO CARE ON DEMAND'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
19. Indemnification.
You agree to indemnify, defend and hold harmless Ortho Care On Demand, their officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees ("Claims"), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless the Orthopedic Group(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Orthopedic Group.
20. Geographical Restrictions.
Ortho Care On Demand makes no representation that all products, services and/or material described on the Website or the Services are appropriate or available for use in locations outside the United States or all territories within the United States.
21. Disclosures.
All physicians in the Orthopedic Groups hold professional licenses issued by the professional licensing boards in the states where they practice, hold doctoral degrees in either medicine or psychology and have undergone post-doctoral training. You can report a complaint relating to services provided by a physician or Orthopedic Group by contacting the professional licensing board in the state where the services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee. You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website at http://www.fsmb.org/state-medical-boards/contacts. Any clinical records created as a result of your use of the Website will be securely maintained by Ortho Care On Demand on behalf of your Orthopedic Group(s) for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years.
22. Miscellaneous.
This Agreement and your use of the Website shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to this Agreement will be resolved exclusively by final and binding arbitration in Los Angeles, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Los Angeles, California, for any action related to this Agreement. You understand that by checking the "agree" box for this Agreement and/or any other forms presented to you on the Website you are agreeing to this Agreement and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Services (collectively, "Communications") through electronic means including but not limited to: (1) by e-mail, using the address that you provided to us during registration, (2) short messaging service ("SMS") text message to the mobile number you provided us during registration, (3) push notifications on your mobile device or (4) by posting the Communications on the Website, subject to the Privacy Policy. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communication, when you receive it, or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by canceling your registration. You can opt-out of future Communications by email or by calling Ortho Care On Demand customer support. No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect. Ortho Care On Demand devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device. Please report any violations of this Agreement to support@orthoonondemand.com. 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 this Web site 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 counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, Ortho Care On Demand has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. 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 Ortho Care On Demand, Inc., [11710 Wilshire Blvd, Los Angeles, CA 90025].
23. Effective Date.
This Agreement is effective as of March 1st, 2017.
Last updated on February 19th, 2018.