The Sites and the Services are not intended for medical emergencies or urgent situations. If you believe you have an emergency, call 9-1-1 immediately.
Additionally, your ability to use some of the Services may involve other terms and conditions regarding third party (e.g. pharmaceutical manufacturers’) products and services. These terms and conditions may apply to you, but in no event shall such terms apply to Calibrate, the Practice, or the Providers.
In order to access the Sites and the Services, you represent and warrant that you are older than 18 years old, as the Services are only for users of the age of 18 or older. If you are under the age of 18, please do not attempt to use the Sites or the Services.
1. Privacy Practices
2. Your Account
You must safeguard your login information that you use to access your Account and you must not disclose this information to anyone. You must notify Calibrate promptly of any unauthorized use of your Account or password by emailing us at email@example.com.
We contract with and offer the Sites and the Services to allow patients and the medical practice, Calibrate Health Medical P.C., Medical Services of North Madison Square Park, P.C., Calibrate Health and Medical of California, P.C., and Calibrate Health Medical of Texas, P.A. (collectively the “Practices”), to connect and set up consultations via telehealth with the Practices’s health care providers (individually, the “Provider” and collectively, the “Providers”).
Calibrate contracts with and provides administrative services to the Practices, which are independently owned by a licensed physician and not the Practices. Calibrate does not employ or in any way supervise or control the Providers providing care to you. The Sites organize information you submit on your medical status for use by your Provider and facilitate scheduling of medical examinations. While Calibrate facilitates care coordination, Calibrate does not engage in the practice of medicine or provide medical advice or care. The content of the Sites 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 Calibrate. 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.
The Practices’ Role
The Practices’ Providers deliver clinical services online. Providers are independently contracted or employed by the Practices and use the Sites as a way to coordinate access for you. Calibrate is not responsible for the quality and appropriateness of the care the Providers render to you. You are ultimately responsible for choosing your particular Provider, and the doctor-patient relationship is between you and the Provider you ultimately select. Your interactions with the Providers via telehealth are not intended to replace your relationship of your other health care practitioners or primary care physician. Neither Calibrate, nor any of its subsidiaries or affiliates or any third party who may promote the Sites or the Services, shall be liable for any professional advice obtained from a Provider via telehealth, or any information obtained on the Sites.
Not for Emergencies
The Sites and the Services are not intended 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 Sites. 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 Provider or when otherwise needed. Always seek the advice of a physician or other qualified health care provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Calibrate and the Practices currently do not currently accept payment from federal and state health care programs, such as Medicare and Medicaid, for the Services. By agreeing to use the Services, you acknowledge and agree that you will pay directly for any Services provided to you, and neither Calibrate, the Practices, nor the Provider will bill any insurance, including federal or state health care programs, for such Services.
Availability of Services
Calibrate and the Practices 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 and/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 Sites and/or the Services is limited exclusively to users located in states within the United States where the Services are available. Accessing the Sites or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
4. Your Conduct and Responsibilities
In your use of the Sites or the Services, you may submit, upload, post, or transmit to us or the Practices content, including without limitation text, photos, audio, code, instructions, requests, ideas, suggestions, comments, forms and agreements, files, videos, images, and other materials (collectively, “User Information”). You agree not to provide any User Information that:
Additionally, you agree not to, without limitation:
You represent, warrant and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of User Information or related materials from the Sites and termination of your Account.
5. Electronic Communications
When you use the Sites or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. 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. Calibrate and the Practices may contact you by telephone, mail, text, or email to verify your Account information. Calibrate and the Practices may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your 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 Sites and the Services until you provide the information to us as requested.
6. Ownership and Copyright
Copyrights, trademark rights, database rights, design rights, and any and all other intellectual property and other rights relating to the Sites, the Services, and any information or documents offered by Calibrate and/or the Sites existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, sound, illustrations, animations, databases, logos, domain names, trade names and trade identities (collectively, the “Materials”), are the property of Calibrate or the Practices. All elements of the Sites, including without limitation the general design and the Materials, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Sites, the Services, and the Materials may only be used for the intended purpose for which they are being made available.
A single copy of the Materials may be downloaded or otherwise copied from the Sites for non-commercial personal use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying, reproduction, publication, posting, transmission, or distribution of any part of the Materials in any way is prohibited. Except as provided herein, no license or right, express or implied, is granted to any person under any intellectual property right. Except as authorized under copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available through the Sites. Modification of the Materials or use of the Materials for any other purpose is a violation of Calibrate’s or the Practices’ copyright and other proprietary rights. Calibrate neither warrants nor represents that your use of the Materials will not infringe the rights of third parties not owned by or affiliated with Calibrate or the Practices.
Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that content appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content posted on the Sites infringe your copyright, you (or your agent) may send Calibrate a “Notification of Claimed Infringement” requesting that the content be removed, or access to it blocked. The notice must include the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Calibrate a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Sites should be sent to firstname.lastname@example.org. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
7. Accuracy of Information and Functionality
Although Calibrate attempts to ensure the integrity and accuracy of the Services descriptions, the Materials, and other content on the Sites, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Sites, the Services descriptions, the Materials, and other content on the Sites. It is possible that the Sites could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Sites by third parties. Materials contained on the Sites may be changed or updated without notice. Additionally, Calibrate shall have no responsibility or liability for information or content posted to the Sites from any third party not affiliated with Calibrate. We may at our discretion withdraw, suspend, or discontinue any functionality or feature of the Sites or the Services, among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Sites in accordance with our internal record retention and/or destruction policies.
8. Links to Other Websites
The Sites may allow connectivity (e.g., via links or references) through websites, platforms, and applications maintained by third parties such as Facebook and Twitter over whom we have no control. Any content you provide through those third party websites are subject to terms and conditions of those websites. Inclusion of any link to such third party websites does not imply an endorsement or recommendation by Calibrate. Calibrate makes no representations or warranties of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. If you decide to access any of the third party websites linked to the Sites, you do so entirely at your own risk.
9. User Information
You understand and agree that any User Information you provide through the Sites or the Services, whether by direct entry, submission, phone, text, chat, email or otherwise, including, but not limited to, data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary. By submitting, posting, or displaying User Information, you give Calibrate, the Practices, their sub-licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Information that you submit, post, or display on or through the Sites or the Services, to the extent permitted by applicable privacy laws.
Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Calibrate shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us via the Sites or the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
10. Disclaimer of Warranties
11. Limitation of Liability Regarding Use of the Sites
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CALIBRATE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CALIBRATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SITES OR THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (e) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR WITH RESPECT TO THE SERVICES.
12. No Third Party Rights
14. Dispute Resolution; Arbitration
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall bear its own arbitration filing fees.
The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
15. Force Majeure
17. Termination, Modification, and Other General Terms
Your use of the Sites or the Services is independent of Calibrate and not as an employee, agent, partner, or joint-venturer with Calibrate for any purpose. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Copyright ©2020 Calibrate All rights reserved.
How to Contact Us:
Calibrate Health, Inc.
Attn: Legal Department
85 Fifth Avenue, 8th Floor, New York, NY 10003
Telephone: (646) 863-1411