Last updated: April 30, 2018, Version 6.0

Introduction

98point6 Inc. (“98point6,” “we,” “us,” or “our”) owns and operates the websites located at www.98point6.com and patient.98point6.com and other websites in the 98point6.com domain (collectively, the “Websites”) and provides services to users through the Websites (collectively, the “Services”). 98point6 operates the Websites which facilitate access to healthcare services delivered by licensed physicians through 98point6 Physicians PC contracted group (“medical providers”). 98point6 does not furnish healthcare services directly to consumers. These Terms of Use govern your use of the Websites and Services, and your compliance with these Terms of Use is a condition to your use thereof. If you do not agree with these Terms of Use including the mandatory arbitration provision and class action waiver set forth below, please exit the Websites or discontinue use of the Services.

In the event your employer has a written agreement with respect to the Services, that written agreement governs the relationship between your employer and 98point6.

Right to Modify the Terms of Use

98point6 makes no representations or warranties, whether express, implied in law, or residual, as to the accuracy, completeness, or reliability of information, opinions, data or content contained on the Websites and Services, and shall not be bound in any manner by any information contained on the Websites or Services. 98point6 reserves the right to change the content or discontinue without notice, at any time, any aspect or feature of the Websites or Services.

Aside from personalized information you receive directly from 98point6 medical providers through the Services, the content of the Websites and Services is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, treatment or recommendations of any kind. Reliance on any information appearing on the Websites or Services is solely at your own risk.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. 98point6 is not appropriate to address emergency or life-threatening medical conditions, and should not be used as such. 98point6 may direct you to an emergency room or other appropriate facility at any time.

Privacy

98point6’s Privacy Policy explains how we treat your information and protect your privacy. By accessing or using our Websites or Services, you agree that 98point6 can use such information in accordance with the Privacy Policy.

By accessing or using our Websites or Services, you consent to receive medical care from 98point6 medical providers using electronic interactive audio, video or data communications, specifically through use of the Websites and Services, where such medical care may include diagnosis, consultation, treatment, and transfer of electronic medical records (each instance, a “telemedicine consultation”). You understand and agree to be treated via a telemedicine consultation, which inherently includes limitations presented by a virtual (non in-person) visit. You agree to accurately disclose your location prior to participating in a telemedicine consultation using the Websites and/or Services. 98point6 medical providers will only be permitted to provide a telemedicine consultation to you if you are located in a state and jurisdiction in the United States in which such 98point6 medical providers are duly licensed to practice medicine. 98point6 does not warrant nor otherwise guarantee the availability of a 98point6 medical provider to you. 98point6 medical providers may have a financial interest in 98point6.

During your telemedicine consultation, you consent to the following:

a) Details of your medical information may be discussed with you and 98point6 medical providers through the use of electronic interactive audio, video or data communications technology;

b) Virtual examination of you may take place;

c) Non-medical personnel may be present in the telemedicine studio, either physically or virtually, to aid in delivery of Services; and

d) Video, audio, data, and/or digital photo may be recorded during the telemedical consultation.

All existing laws regarding your access to medical information and copies of your medical records apply to your telemedicine consultation. Reasonable and appropriate efforts will be made to eliminate any confidentiality risks associated with your telemedicine consultation. All existing confidentiality protections under applicable federal and state law apply to information disclosed during your telemedicine consultation. By accessing or using our Websites or Services, you understand that there are risks and consequences from telemedicine, including, but not limited to, the possibility that the transmission of your medical information could be disrupted or distorted by technical failures, the transmission of your medical information could be interrupted by unauthorized persons and/or that the electronic storage of your medical information could be accessed by unauthorized persons.
You may withhold or withdraw consent to the telemedicine consultation at any time without affecting your right of future care or treatment.

Intellectual Property

The Websites, the Services and their entire contents, features and functionality (including, but not limited to, all information, software, algorithms, displays, images, text, video, and audio and the design, selection and arrangement thereof) are the property of 98point6 and/or its licensors and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. 98point6 reserves all rights in this regard. Nothing contained in the Websites or Services should be construed as granting any license or other right without the express written consent of 98point6.

The Websites may contain links to third-party websites for your convenience. 98point6 is not responsible for the content of such third-party websites and does not make any representations regarding such websites. Use of or reliance on such third-party websites is at your sole risk.

Restricted Use

We reserve the right to request proof of age at any point so we can verify that individuals under 18 years of age are not using the Websites or Services. If we become aware that an individual under 18 years of age is using the Websites or Services, we may prohibit and block such individual from using the Websites or Services.

At this time, 98point6 does not treat patients presenting with issues or injuries related to Workers’ Compensation as outlined by the Department of Labor. You agree that you will not use the Websites or Services to seek care for an issue or injury arising from a Workers’ Compensation claim.

Prohibited Uses

You agree not to:

  • Upload or transmit any communication or content of any type that infringes or violates any rights of any party.
  • Use, modify, sell, assign or transfer the content or reproduce, display, publicly perform, distribute, post, transmit, or otherwise use these Websites or any of its contents in any way for any public or commercial purpose.
  • Reverse engineer, disassemble or decompile any software included in connection with the Websites or Services.
  • Use the Websites or Services for any purpose in violation of local, state, national, or international laws.
  • Use the Websites or Services as a means to distribute or post advertising or other unsolicited material to any third-party
  • Impersonate any person or entity or falsely represent your identification or affiliation.
  • Distribute viruses or other harmful computer code.
  • Harvest or otherwise collect information about others.
  • Promote, encourage, or engage in defamatory, harassing, abusive, or otherwise objectionable behavior.
  • Interfere with the operation of the Websites or Services.
  • Copy or distribute in any medium any part of the Websites or Services.

If we become aware that an individual is using the Websites or Services in violation of these Terms, we may prohibit and block such individual from using the Websites or Services.

Registration and Security

Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Websites and Services if login credentials are shared. You are responsible for maintaining the confidentiality of your own password.

Health Savings Account Customers

If you are not affiliated with an employer 98point6 contracts with to provide you Services as part of a group health plan, you acknowledge and agree that 98point6 does not have the obligation to verify your Health Savings Account (“HSA”) status and/or eligibility. If you are eligible for an HSA and/or do contribute to a HSA, check with your benefits administrator to ensure payment for the Services under a Personal Plan will not materially affect your eligibility under your HSA benefits, including future contributions to the HSA.

Payments – Use of Stripe

You understand that 98point6 uses the Stripe API to process payments through the Websites and Services. Payment processing services for Websites and Services are provided by Stripe and are subject to the Stripe Connected Account Agreement (as provided on the Stripe website) and Stripe Terms and Services (as provided on the Stripe website). By agreeing to these terms or continuing to utilize the Websites and Services, you agree to be bound by the above referenced Agreements, and agree that the same Agreement may be modified by Stripe from time to time. As a condition of 98point6 enabling payment process services through Stripe, you agree to provide 98point6 accurate and complete information about you and your payment information and you authorize 98point6 to share it and transaction information related to your use of the payment processing services provided by Stripe.

You understand and agree not to hold 98point6 liable for any adverse effect that actions (whether intentional or unintentional) may cause to any other accounts you hold. You agree to not process stolen credit cards or unauthorized credit cards through your Stripe and/or your 98point6 account.

You agree that only one account per year at the introductory rate of $20/year is permitted per user. You agree that you will not use alternate identifying information to create more than one user account per annual subscription.

Refunds

During the first year of the subscription offering for a promotional cost of $20/year and during the second year of the subscription offering at a cost of $120/year, 98point6 will issue you a full refund if requested only if you have not yet had a medical visit or encounter in which one of the following occurred, even if no prescription was given:

    1. Medical care was provided (i.e., physician provided a diagnosis and a care plan was sent).
    2. Medical care was requested, the encounter completed, but the 98point6 PC physician was not able to provide adequate care and referred the patient to another PCP or a specialist.
    3. Return of lab results requiring physician consultation, diagnosis and/or treatment plan.

In the second year of the subscription offering at a cost of $120/year, if a visit or encounter has occurred based on the above criteria and a refund is requested, 98point6 will issue a pro-rated refund based on the annual cost minus the months that have been active. Service will continue through the end of the month of which cancellation or refund is requested. HSA patients will not be refunded any fees paid for any visits already rendered.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES OR SERVICES IS AT YOUR SOLE RISK. 98POINT6 DOES NOT WARRANT THAT ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. THE WEBSITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” 98POINT6 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

CERTAIN PORTIONS OF THE SERVICES MAY BE PERFORMED BY 98point6 Physicians PC contracted group (“98POINT6 PC”). 98POINT6 PC IS A MEDICAL PRACTICE AND ORGANIZATION. 98POINT6 PC PROVIDERS PROVIDE THE MEDICAL SERVICES INCLUDING ASSESSMENT, DIAGNOSIS AND TREATMENT OR REFERRAL, AS APPROPRIATE, OF ANY ILLNESS DISEASE, OR ADVERSE MEDICAL CONDITIONS.

98POINT6 IS NOT A MEDICAL PRACTICE. 98POINT6 IS NOT A MEDICAL ORGANIZATION. THE TECHNICAL SERVICES AND PROFESSIONAL SERVICES ARE NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION, AND SHOULD NOT BE CONSIDERED THE PRACTICE OF MEDICINE, AND ARE NOT THE DOCUMENTATION OF MEDICAL ADVICE OF ANY KIND.

98POINT6 AND 98POINT6 PC ARE NOT INSURANCE. NEITHER 98POINT6 NOR 98POINT6 PC ARE ENGAGED IN THE BUSINESS OF INSURANCE, AND NEITHER THIS AGREEMENT NOR ANY ORDER IS OR SHALL BE A CONTRACT FOR INSURANCE. THE FEE EARNED BY 98POINT6 DOES NOT COVER THE PROVISION OF MEDICAL SERVICES. THE FEE EARNED BY 98POINT6 PC SHALL COVER THE PROVISION OF MEDICAL SERVICES BY 98POINT6 PC AND ITS PROVIDERS ONLY, AND SHALL NOT COVER THE COST OF ANY DIAGNOSTIC TESTS, PRESCRIPTION MEDICATIONS OR MEDICAL DEVICES, OR SPECIALTY MEDICAL SERVICES RENDERED BY ANY THIRD-PARTY.

98POINT6 AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITES (INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN) OR SERVICES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. YOUR SOLE REMEDY IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR SERVICES IS TO STOP USING THE WEBSITES OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF 98POINT6 TO YOU WITH RESPECT TO YOUR USE OF THE WEBSITES OR SERVICES IS THE GREATER OF $100 USD OR THE AMOUNT OF FEES YOU HAVE PAID FOR THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Confidentiality

“Confidential Information” includes all confidential or proprietary aspects of the Services, including any of its features and functionalities, in addition to any information you submit through the Services that a reasonable person would expect under the circumstances of disclosure to be kept confidential (e.g., any personal information or health information).
98point6 and you (each a “Party”) will not disclose the Confidential Information of the other Party and will use the Confidential Information of the other Party only to exercise rights and fulfill obligations under these Terms of Use, while using reasonable care. The receiving Party may disclose Confidential Information of the discloser when required by law after giving reasonable notice to the discloser, if permitted by law. Except for the limited use rights under these Terms of Use, neither Party acquires any right, title, or interest in the other Party’s Confidential Information.
The Parties agree that any breach of this section by the other may cause irreparable injury not adequately compensable with monetary damages. Accordingly, in addition to any rights otherwise available at law, in equity or by statute, the non-breaching Party is entitled to seek injunctive and other equitable relief.

Indemnification

You agree to defend, indemnify and hold harmless 98point6 and its officers, employees, directors, subsidiaries, affiliates, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Websites or Services.

Governing Law

These Terms of Use and your use of the Websites or Services are governed by the laws of the State of Washington, USA, without regard to its conflict of laws principles. Any dispute between the Parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of Washington, USA.

Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to waive your right to a jury trial and arbitrate certain disputes and claims with 98point6 and limits the manner in which you can seek relief from us. No class or representative actions or arbitrations are allowed under these Terms of Use.
Except for small claims disputes in which you or 98point6 seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or 98point6 seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and 98point6 waive your rights to a jury trial and to have any dispute arising out of or related to these Terms of Use, the Websites or the Services resolved in court. Instead, for any dispute that you have against 98point6, you agree to first contact 98point6 and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to 98point6 by email at tori@98point6.com or by certified mail addressed to: Tori Lallemont, 701 5th Ave. Ste. 2300, Seattle, WA 98104. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and 98point6 cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may, as appropriate in accordance with this section, submit the dispute to binding arbitration administered by the Judicial Arbitration and Mediation Services (“JAMS”) or, where applicable, in court. All submitted disputes will be resolved through confidential binding arbitration held in Seattle, Washington in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of JAMS, which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and 98point6 agree that any dispute arising out of or related to these Terms of Use, the Websites or the Services is personal to you and 98point6 and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and 98point6 agree that these Terms of Use affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms of Use and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitrators, 98point6, and you will maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.

You and 98point6 agree that for any arbitration you initiate, you will pay the filing fee and 98point6 will pay the remaining JAMS fees and costs. For any arbitration initiated by 98point6, 98point6 will pay all JAMS fees and costs. You and 98point6 agree that the state or federal courts of the State of Washington and the United States sitting in Seattle, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms of Use, the Website or the Services must be filed within one (1) year after such claim arose; otherwise, to the maximum extent permitted by applicable law, the claim is permanently barred, which means that you and 98point6 will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this section by emailing tori@98point6.com. In order to be effective, the opt out notice must include your full name, address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this section.

If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms of Use; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.

Miscellaneous

If any provision of these Terms of Use is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions of these Terms of Use shall not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms of Use shall in any event otherwise remain valid and enforceable. In no event will 98point6 be deemed in default hereunder based on delay in, or failure of, performance (other than the payment of money) if caused by floods, fires, storms or other acts of God, by war or acts of public enemy, including terrorism, or civil disturbance, strikes, lockouts, shortage of labor, labor disputes or labor trouble, problems in obtaining raw materials or production facilities, power failure, equipment failure, transportation shortages or failures, actions of any governmental or other authority, or any other cause not within 98point6’s reasonable control. These Terms of Use are for the benefit of, and shall be binding upon the Parties. No third-party shall be considered a third-party beneficiary hereunder. You may not assign or transfer your rights or obligations under these Terms of Use without the prior written consent of 98point6. You and 98point6 are independent contractors with respect to these Terms of Use and the Websites and Services.

Feedback

98point6 has not agreed to and does not agree to treat as confidential any suggestion or idea provided by you regarding the Product or the Platform (“Feedback”), and nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict 98point6’s right to use, profit from, disclose, publish, or otherwise exploit any Feedback, without compensation to you, or provide you with any rights in the Product or Platform. 98point6 will only publish your name or other identifying information in connection with any testimonial with your prior approval.

If 98point6 services were offered to you at no cost or at a discounted rate, any public or other published review, comment or testimonial about 98point6 must include a statement indicating that the 98point6 services were provided as such. In any incentives were offered to you for any public or other published testimonial, the disclosure of such incentives is required by you in the testimonial. 98point6 may republish any public or other published review, comment or testimonial about 98point6 on its website or in other media and the appropriate attribution to the original source of the publication will be cited by 98point6.

Promotional Customer

Promotional Customers shall have full access to 98point6 services and shall receive the same level of service as full paying customers. 98point6 will direct customers receiving a promotional price on how to access the promotion. For example, 98point6 may provide a promo code that must be entered during the registration process to be access the promotion. Any public or other published review, comment or testimonial about 98point6 must include a statement indicating that the 98point6 services were provided at no cost or a discount. If you are an employee of 98point6, your participation is NOT a requirement in order to obtain or continue employment, and the services are provided outside of the terms and conditions of employment.

Responsibility for Security Devices

You are responsible for the security of your information system(s), including its network and related computer equipment and peripherals (“Informations System(s)”). In the event you are accessing the Websites and Services through a mobile device, you are solely responsible for the access and use of such mobile device, and must keep secure your ID and password at all times. You are encouraged to fully utilize all security features, including locking, within the mobile device. You agree that it is your responsibility to comply with all applicable laws , rules, or regulations (“Applicable Laws”), and ensure adequate security of your Information Systems. Each of you and Us agree to notify the other of any violation of data security of which you and Us become aware.

Cap on Annual Encounters

You acknowledge and agree that within a twelve (12) month period beginning on the date of your first encounter, you are limited to thirty-six (36) encounters per twelve (12) month period as a part of your subscription plan through your employer or as purchased as a personal plan through 98point6. Additional encounters can be purchased on an a la carte basis. The limitation of thirty-six (36) encounters per twelve (12) month period does not apply to individuals paying a per-visit fee associated with a Health Savings Account (HSA).