Last updated: October 25, 2017, Version 3.0
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.
Content of the Websites and Services
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.
Access to the Websites and Services
Subject to the terms herein and any applicable order (including but not limited to the payment of any fees required by 98point6), 98point6 will make the particular components of the Services specified in such order available for use by you through the Website on a non-exclusive subscription basis during the applicable term specified in the order. Your use of the Service may be subject to additional terms and conditions presented when registering or otherwise accessing the Website and Services.
Consent to Treat
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, transfer of medical data and education of you (each instance, a “telemedicine consultation”). 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 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:
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) Nonmedical 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.
The telemedicine consultation will be similar to a routine medical office visit except that electronic interactive audio, video or data communications technology, through use of the Websites and/or Services, will allow you to communicate with 98point6 Medical Providers at a distance. The telemedicine consultation through the use of the Websites and/or Services may not be equivalent to, nor as complete as, direct patient to physician contact. Following the telemedicine consultation, the 98point6 Medical Provider may recommend that you seek in-person care for further evaluation.
You may withhold or withdraw consent to the telemedicine consultation at any time without affecting your right of future care or treatment.
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.
Links to Other Websites
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.
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.
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.
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 (“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.
“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).
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.
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.
Dispute Resolution; Binding Arbitration
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.
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 firstname.lastname@example.org. 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.