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Terms, Conditions and Disclosures

 

Terms of Use

Welcome to Asentra Health Solutions LLC Terms of Use and website (the “Site”). Asentra Health Solutions provides Telemedicine services; offering convenient private consultations with a licensed physician; electronic medical record storage; on-line healthcare information; and related services and content.

This document (this “Agreement”) sets forth the terms and conditions under which Asentra Health Solutions, (“we,” “us,” or “our”) will provide Supplemental Health Benefits (“Product”) to its customers (“you” or “your”). Terms and conditions applicable to all Products are stated under the “Terms and Conditions” heading. By clicking in the box next to “I have read and accept these Terms and Conditions” you are affixing your electronic signature to the Terms and Conditions for the Products for which you have subscribed and the use of this website.

 

YOUR USE OF THIS WEBSITE, INCLUDING ANY USE OF ASENTRA HEALTH SOLUTIONS BY PHONE, IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE.

 

The Asentra Health Solutions Services are offered to you under, and you agree to be bound by, the terms and conditions of the Terms of Use. We reserve the right to update or change these Terms of Use at any time, and for any reason by posting the modified Terms of Use. Your continued use constitutes your agreement to be bound by any such revisions, and you should periodically visit this page of the website and print the latest version of the Terms of Use for your records. The date of the last update to these Terms of Use is stated at the end of this document.

 

TERMS AND CONDITIONS APPLICABLE TO ALL ASENTRA HEALTH SOLUTIONS PRODUCTS

 

Consent to Electronic Delivery of this Agreement and Subsequent Disclosures:

When you affix your electronic signature to this Agreement, that action will signify your agreement and that this Agreement and the Subsequent Disclosures constitute electronic records under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sections 7001 and following). You further agree that your electronic signature constitutes your consent to accept this Agreement and receive the Subsequent Disclosures in electronic form. “Subsequent Disclosures” means disclosures or information in which we are required or permitted to send to you under applicable law and/or this Agreement. We may provide Subsequent Disclosures to you by making them available on a secure web site (the “Disclosure Delivery Location”) or otherwise notifying you. Subsequent Disclosures will be available for your review for not less than 90 days after making them available on our secure web site. We may choose to email these to your email address. “Email Address” means the email address you give to us when you accept this Agreement. To assure your continued receipt of Email Notifications, you must notify us each time you change your Email address. If (a) you withdraw your consent to receive Subsequent Disclosures by notifying us (the notification shall be effective when actually received by us), (b) an Email Notification sent to your Email Address is returned as undeliverable, or (c) we are unable to verify that you have opened an Email Notification sent to your Email Address within 10 of days of delivery, we will send Subsequent Disclosures in printed form to the most current address we have for you in our records. At any time, you may ask us to provide you with a paper copy of this Agreement and any Subsequent Disclosures by contacting us at 1-800-218-3849.
PLEASE READ THESE TERMS OF USE CAREFULLY

Asentra Health Solutions offers supplemental health benefits by providing the following through its third party network:

Asentra Health Solutions provides internet healthcare resources to connect individuals with participating physicians and other licensed health care practitioners (the “Providers”) in real time, via live streaming video, telephone and/or secure e-mail for the diagnosis and treatment of patients over the Internet, as well as providing other types of administrative services and information (“Services”). All of the participating Providers have independently contracted to be in the network operated by MDLIVE Medical Group, P.A. Asentra Health Solutions does not provide any physicians’ or other Providers’ services itself.

Use of This Site and the Services – NOT FOR EMERGENCIES:

The Asentra Health Solutions service consists of a telemedicine feature. Asentra Health Solutions Site and Services are NOT FOR use for medical Emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears on Asentra Health Solutions’ Site. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911, IMMEDIATELY.

Asentra Health Solutions is NOT insurance.

Your interaction with the Providers through the Service is not intended to replace your relationship with your existing primary care physician. Asentra Health Solutions is not an insurance product, nor a prescription fulfillment warehouse. Asentra Health Solutions physicians and health care practitioners reserve the right to deny care for actual or potential misuse of these Services. The Services do not include the provision of medical care by Asentra Health Solutions. Rather, the Services enable access to Providers who have agreed to provide patient care to Customers using Asentra Health Solutions’ Services. Asentra Health Solutions arranges for the provision of care; it does not provide medical care.

Medical Disclaimers – Asentra Health Solutions makes no representation or warranty as to the content of any treatment response from any Provider. Providers are independent contractors and not employees of Asentra Health Solutions. You and your physician are solely responsible for all information and/or communication sent during a video/telephone/email consultation or other communication. Asentra Health Solutions does not guarantee that a video/telephone/consultation is the appropriate course of treatment for your particular health care problem. Furthermore, Asentra Health Solutions is not a substitute for you primary care. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.

Content Disclaimers – No information found on this Site should be relied on as professional medical advice. Nothing contained in this Site should be construed, directly or indirectly, as the practice of medicine or providing medical services by Asentra Health Solutions. The information and Services provided on or through this Site are intended solely as general educational material and provide a mechanism to find and connect to a Provider who, subject to his or her professional responsibilities, may or may not provide you with medical care. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding and medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site. Asentra Health Solutions makes no warranties or representations as to the accuracy of the information provided on the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and information contained in the Site.

These Terms of Use apply to your use of the Site and, to the extent referenced, to your registration for, subscription to, and use of the Services.

Billing, Fees and Applicable Charges, and Payment Terms:

The total fee for all Services to which you subscribe will be automatically charged to your bank credit card or through another automated payment method acceptable to us on each Payment Date (an “Appropriate Payment Method”). “Payment Date” means the date on which you subscribe to a Product and each monthly or annual anniversary of such date. For example, if you subscribe to a Product on March 5, the Payment Date will be the 5th day of each month for a monthly subscription or March 5th of the following year for an annual subscription.
You agree that you are solely responsible for all subscription fees for Services, pursuant to the schedule of subscriptions and fees set forth on the Site. As further consideration for the Services, you agree to provide certain current, complete and accurate information about them, including valid credit card information, as required by the sign-up for Services and maintain and update this information as needed, to keep it current, complete and accurate. By completing and submitting the sign-up form, you represents that the statements in their application are true and accurate. Asentra Health Solutions reserves the right to modify its’ pricing structure at any time and implement the new price structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. You understand that Services may not be provided or scheduled consultations cancelled if your credit card information is inaccurate or invalid

 

Renewal of Product Subscriptions:

Your subscription to one or more Products will be automatically renewed on each Payment Date until such time as either you or we cancel the subscription to that Product.

 

Refusal of Subscription:

We reserve the right to reject your subscription for Products for any reason such as: (a) unavailability of a service in the state where you reside, (b) your credit history, or (c) inability to provide an Appropriate Payment Method (as defined in Billing and Payment Terms section above).
Cancellation of Service:

You may cancel your subscription to any or all Products at any time by calling us at 1-800-218-3849 and informing us of your decision. Cancellation will be effective immediately. If you prepaid for more than one month, the month of cancellation is paid in full and you will receive a refund for the remaining months.

Account Enrollment, Eligibility and Security:
In order to access the Site and Services, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use, register for the Asentra Health Solutions Services under your own name and to use the Asentra Health Solutions Services in accordance with this Terms of Use and abide by the obligations hereunder. You agree to fully, accurately and truthfully create your Asentra Health Solutions Account, including, but not limited to, your name, mailing address, phone number, email and password, which become your Asentra Health Solutions ID and credentials. Your Asentra Health Solutions ID and/or credentials are personal to you and you are solely responsible for maintaining the confidentiality of your Asentra Health Solutions ID and credentials, and for all activities that occur under such Asentra Health Solutions ID and credentials. You agree to prohibit anyone else from using your Asentra Health Solutions ID and credentials and you agree to immediately notify Asentra Health Solutions of any actual or suspected unauthorized use of your Asentra Health Solutions ID or credentials or other security concerns of which you become aware.

In order to determine your compliance with these Terms of Use we reserve the right, but not the obligation, to monitor your access to and the use of the site and the Services. Asentra Health Solutions may, in its sole discretion, refuse to provide care for actual or potential misuse of these Services, or for noncompliance with these Terms of Use.

Modification to Terms of Use:
Please print and keep a copy of these Terms of Use. Asentra Health Solutions reserves the right to modify the Terms of Use periodically, for any reason, and without notice. The most current version of these Terms of Use can be accessed at any time by selecting the Terms of Use link on the bottom of the Site. Please review the Terms of Use often so you will be apprised of any changes made. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the Services.

Asentra Health Solutions has the right to limit, suspend, discontinue or deny your access to and use of the Services at any time, and without notice, to anyone who violates these Terms of Use as Asentra Health Solutions considers appropriate or necessary in its sole discretion, including but not limited to (1) security reasons (2) alleged or suspected breach of these Terms of Use, or (3) the protection of intellectual property.

Linking Policy:

In order to provide the Products to you, we use a number of third parties. We have established Internet links from our web site to select news media outlets, the Federal Trade Commission, and other industry web sites. The linked sites are not under our control and we are not responsible for their content. Such links do not imply our endorsement or guarantee of the products, information, or recommendations provided by such sites. In addition, these third party web sites may have privacy policies that are different than ours and may provide you less security for your Confidential Information than we do. If you access any third party web site, you do so at your own risk. We disclaim all liability with regard to your access to such linked web sites.
Customer Service:

We will be available to answer your questions and receive your comments or inquires via phone (1-800-218-3849) or email (cs@asentrahealth.com). If you contact us by email, we will use best efforts to respond to your message as soon as possible.

 

Your Responsibilities:

When you affix your electronic signature to this Agreement, that means you: (a) will be obligated to abide by all terms and conditions set forth in this Agreement; (b) understand that if we determine, in our sole and absolute discretion, that you knowingly and willfully committed fraud, we may refuse to allow you to subscribe to Products; (c) understand that your Product subscription will be automatically renewed at the end of your subscription period and will be charged via the Appropriate Payment Method until you contact us to cancel your subscription as described in the Force Majeure section below; (d) agree to provide accurate information in your registration; and (e) not to share your password with third parties. Failure to comply with these requirements shall constitute a breach of this Agreement.

 

Indemnification:

You agree to use the Services only for the purposes stated in, and in compliance with, this Agreement. If you are subject to claims seeking damages as a result of our actions or failures to take action, you agree to resolve all such disputes in accordance with these Terms and Conditions.

Integration:

This Agreement constitutes the entire understanding between you and us with respect to the subject matter of this Agreement, and all prior agreements, understandings, and representations concerning such subject matter are hereby made null and void in their entirety. This Agreement shall not affect any other agreement between you and us which sets forth terms and conditions applicable to subject matter other than the Products.

Acceptance of Agreement:

Payment of the Product Fee on each Payment Date constitutes your continued acceptance of this Agreement, including the Arbitration section.

Information Provided by You:
As part of the signing up process, you are required to provide us certain personal and medical information. Additionally, it is your responsibility to update Asentra Health Solutions as promptly as possible with changes to your personal and/or medical information so that all records are current, complete and accurate. At any given time, you may be notified that information may be available for your review that is considered time-sensitive, such as medical information, diagnosis, lab results, etc., to the e-mail address that you provided as a contact point. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obliged to provide us the following information:

  • Changes in e-mail address
  • Change of address
  • Change of phone number
  • Change of ownership of account
  • Change of credit card number
  • Change of banking information
  • Change of credit card expiration date

Information Resources (Opt-IN):
By subscribing to Asentra Health Solutions’ services you are agreeing to opt-in to the receipt of newsletters and other information regarding common medical and health related topics or preventive care messages containing specific medical and health related information, links to other related Web sites and specific questions related to your Asentra Health Solutions Record. Additionally, Asentra Health Solutions makes available self-care informational services that provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Asentra Health Solutions. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services or urgent care. The information contained these communications and resources are compiled from a variety of sources and may or may not be considered authored by Asentra Health Solutions. Asentra Health Solutions makes no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular drug or treatment is safe, appropriate or effective for you. If you do not wish to receive such communications, you may opt-out at any time by contacting Customer Services.

Limitations on Use:
You agree that you will not use the Services for any service that must be provided to you by your regular physician as a follow up to an in-office visit, at no additional charge to you or your health care plan, as required by your health care plan. You will not use the Site or Services in any unlawful way and/or for any unlawful purpose. You will not post or transmit a message under a false name, or use the network resources of Asentra Health Solutions to impersonate another person or misrepresent authorization to act on behalf of others or Asentra Health Solutions. All messages transmitted via Asentra Health Solutions should correctly identify the sender. You may not alter the attribution of origin in electronic mail messages or posting. You will not allow another person or entity to use their account, username or password to access or use the Services, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of Asentra Health Solutions its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect PHI about any other individual who uses the Service. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Site or the Services. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Site. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.

You further agree that any information you provide or use on the Site, and your use of the Site or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

Asentra Health Solutions maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

All customer-specific information provided by you in connection with Services shall be governed by the Asentra Health Solutions Privacy Policy. As part of these terms and conditions, you acknowledge that you understand, have read and accept all terms and conditions contained within the Asentra Health Solutions Privacy Policy. Asentra Health Solutions reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for your account on the Asentra Health Solutions system.

Operational Functionality:
Asentra Health Solutions reserves complete and sole discretion with respect to the operation of the Asentra Health Solutions Services. Asentra Health Solutions may, among other things withdraw, suspend or discontinue any functionality or feature of the Asentra Health Solutions Services. Asentra Health Solutions is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. Asentra Health Solutions is not responsible for maintaining information arising from use of the Site or in respect of the Services. Asentra Health Solutions reserves the right to maintain, delete or destroy all communications and information posted or uploaded to the Services in accordance with its internal record retention and/or destruction policies.

Temporary Use License Granted:
Only for the duration of being logged into your valid Asentra Health Solutions account, you are hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of these Terms of Use to use the Services solely for personal, noncommercial use. The Customer is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.

Intellectual Property:

With the exception of your Electronic Medical Records, Asentra Health Solutions retains all right, title and interest in and to Asentra Health Solutions, the Services and any Information, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the Site licensed by Asentra Health Solutions, and in that case, the license provider retains all right, title and interest therein. The information available through the Site and the Services is the property of Asentra Health Solutions, or if licensed by Asentra Health Solutions, the license provider.

You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the Law in the federal and state courts located in Florida. The final choice of whether a customer is in violation of any of these policies is at the sole discretion of Asentra Health Solutions. Nothing contained on the Site should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by Asentra Health Solutions or the third party owner of such trademarks, service marks and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.

Privacy:

By accepting these Terms of Use, you acknowledge that you understand, have read, and agree to the provisions outlined in the Privacy Policy, which is incorporated herein and made part of these Terms of Use by reference. We will protect your personal information (“Confidential Information”), including but not limited to your First Name, Last Name, Address, Date of Birth, and any information using methods that are consistent with industry best practices, as set forth in our Privacy Policy.
You authorize Asentra Health Solutions to provide your personal information to its third party service providers and its marketing partners (employers, affinity organizations, wholesalers, resellers and service organizations offering Product), to receive and use this information as Asentra Health Solutions deems reasonably necessary in the course of performing Product enrollment, delivery, service and billing.
Please read our Privacy Policy by clicking the Privacy Policy link on the bottom of this web page. By affixing your electronic signature to this Agreement you are also accepting our Privacy Policy.

Service Reliability and Warranties
Asentra Health Solutions makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected. This includes loss of data resulting from delays, and any service interruption caused by Asentra Health Solutions employees. Asentra Health Solutions is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.
Asentra Health Solutions will take all necessary precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that Asentra Health Solutions shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. Asentra Health Solutions may perform regular back-ups of all data stored, but shall have no liability to Customer in the event all data is lost or destroyed. Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.

 

Educational Resources:
Asentra Health Solutions will send you newsletters regarding medical and health related topics, or preventive care messages containing specific medical and health related information. This information may link to other related internet sites, and specific questions related to your Asentra Health Solutions records.
Additionally, Asentra Health Solutions makes available self-care informational services which provide general medical and health information. These communications and resources are not comprehensive medical texts, nor do they include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific medical diagnosis and treatment or construed as the practice of medicine or dispensing of medical services by Asentra Health Solutions. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment. The information contained these communications and resources are compiled from a variety of sources and may or may not be considered authored by Asentra Health Solutions. Asentra Health Solutions makes no warranty as to the content of these materials or the information contained therein.

 

Your Account:
You are at least eighteen years of age and that you possess the legal right and ability to enter into this Terms of Use, register on the Asentra Health Solutions Services under your own name and to use the Asentra Health Solutions Services in accordance with this Terms of Use and abide by the obligations hereunder. You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and immediately notify Asentra Health Solutions of any unauthorized use of your password, or other security concerns of which you become aware.


Termination and Survival
:
Asentra Health Solutions may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of these Terms or Use, or the intellectual property protections applicable to these Services (Defined Above). Asentra Health Solutions may also seek legal prosecution of any violations of law or these Terms of Use and you agree to personal jurisdiction by the Courts in the State of Hawaii. Upon notice of termination of Services by Asentra Health Solutions to you via contact e-mail to your Asentra Health Solutions account and contact e-mail account provided in Customer’s personal information, or voluntary termination of service by Customer, Asentra Health Solutions has the right to delete all data, files, or other information that is stored in the Customer’s account for any reason. The Indemnification, Copyright, Jurisdiction, Warranty, Network Security, Compliance with Anti-Spamming Laws and Privacy terms and conditions stated herein shall survive termination of this Agreement.


Intellectual Property:
Asentra Health Solutions hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the Asentra Health Solutions web site, and to use the Asentra Health Solutions software to the extent necessary to use the Asentra Health Solutions Services solely for your personal use. With the exception of your Medical Records, Asentra Health Solutions retains all right, title and interest in and to;

 

  • The Asentra Health Solutions Services.
  • Content, products, Documentation.
  • Software or other materials on the Asentra Health Solutions web site and any patent.
  • Copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing.
  • The information available through the Asentra Health Solutions Services is the property of Asentra Health Solutions.

You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by Asentra Health Solutions received through the Asentra Health Solutions Services to anyone. Use, reproduction, copying or redistribution of Asentra Health Solutions logos is strictly prohibited without written permission from Asentra Health Solutions.

International Use:

The Services are designed for and intended for users in the United States. Asentra Health Solutions makes no representation that the information and services provided on the Site or through the Services are applicable to, appropriate for, or available outside the United States. Accessing the Services from territories where the content is illegal is prohibited.

 

Legal Disclaimers:

 

YOU ACKNOWLEDGE THAT YOUR USE OF THE Asentra Health Solutions SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW Asentra Health Solutions AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, Asentra Health Solutions AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE Asentra Health Solutions PRODUCTS AND SERVICES PROVIDED HEREUNDER.

 

Asentra Health Solutions MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE Asentra Health Solutions SERVICES.

 

Limitation of Liability:
IN NO EVENT SHALL Asentra Health Solutions NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE PURCHASE PRICE FOR THE PRODUCT, OR (ii) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, $1,000. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Asentra Health Solutions ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Asentra Health Solutions IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS

 

Electronic Medical Record:
Your Asentra Health Solutions Electronic Medical Record is created for you to enter, store and access your personal health information (PHI) online, including medical history, current health conditions, symptoms, complaints, allergies and medications, and for your Provider to record the results of his or her medical encounters with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your record. Any information provided as part of a video, telephone and/or secure e-mail consultation becomes part of your Asentra Health Solutions Record. You agree to provide accurate, current and complete information about yourself for your Asentra Health Solutions Record, to periodically review and to update such information as needed to keep it accurate, current and complete. For additional information regarding use of your Asentra Health Solutions Record, please see our Privacy Policy. It is your responsibility to confirm any third party information, or information regarding a minor child of whom you are a parent or legal guardian, in your Asentra Health Solutions Electronic Medical Record.

 

Asentra Health Solutions is not responsible for maintaining data arising from use of the Asentra Health Solutions Services. Asentra Health Solutions reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Asentra Health Solutions Service pursuant to its internal record retention and/or destruction policies. Please note that it is solely your physician’s obligation to use and disclose the information included in your Asentra Health Solutions Electronic Medical Record in accordance with applicable state and federal law, including, without limitation, obtaining any consents or authorizations that may be required for your information to be shared with other participating providers. However, by requesting a consultation through Asentra Health Solutions’ Site, you agree to disclose the contents of your complete Asentra Health Solutions Electronic Medical Record to the provider who will conduct your consultation.
Asentra Health Solutions Calendar:
The calendar as seen on the Site is based on Eastern Standard Time (E.S.T.). If a customer is outside of the (E.S.T.) time zone it is that Customer’s responsibility, at the time of scheduling a consultation and at the time of attendance of their consultation, to accommodate for this difference. Asentra Health Solutions will not refund or reschedule appointments based on an error by Customer based on this issue.

 

Third Party Sites:
Although Asentra Health Solutions may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link does not imply endorsement of the linked site by Asentra Health Solutions. Asentra Health Solutions takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Nor does Asentra Health Solutions take responsibility for the privacy policies and practices of these third-party links.

 

Operation and Record Retention:
Asentra Health Solutions reserves complete and sole discretion with respect to the operation of the Asentra Health Solutions Services. Asentra Health Solutions may, among other things withdraw, suspend or discontinue any functionality or feature of the Asentra Health Solutions Services. Asentra Health Solutions is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. Asentra Health Solutions is not responsible for maintaining data arising from use of the Asentra Health Solutions Services. Asentra Health Solutions reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Asentra Health Solutions Service pursuant to its internal record retention and/or destruction policies.

 

Indemnity:
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Asentra Health Solutions AND ITS AFFILIATES FROM AND AGAINST ALL LOSSES, LIABILITY, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING OUT OF OR RELATED TO ANY BREACH OF THIS TERMS OF USE, YOUR RELATIONSHIP WITH A Asentra Health Solutions PHYSICIAN, ANY NEGLIGENT OR WRONGFUL ACTION OR OMISSION BY YOU RELATED TO YOUR USE OF OR PROVIDING OF SERVICES THROUGH Asentra Health Solutions, OR ANY NEGLIGENT OR WRONGFUL USE OF THE Asentra Health Solutions SERVICES (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING YOUR ACCOUNT.

 

Third Party Rights:
The indemnification provisions set forth above are for the benefit of Asentra Health Solutions, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

 

Term and Termination:
This Terms of Use shall commence upon the date you complete the registration process with Asentra Health Solutions. Either you or Asentra Health Solutions may terminate this Terms of Use and your right to use the Asentra Health Solution Services at any time, with or without cause. This Terms of Use and the licenses granted hereunder shall terminate without notice in the event you (or any authorized person using your account) fail to comply with the terms and conditions of this Terms of Use, or the rules for use of the Asentra Health Solutions Service promulgated by Asentra Health Solutions from time to time. Upon any termination, you will destroy all copies of Asentra Health Solutions materials in your possession and cease any access to or use of the Asentra Health Solutions Services.

 

Notice:
Asentra Health Solutions may provide notice by e-mail to the e-mail address you provided during the registration, by a general notice on the Asentra Health Solutions Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the Asentra Health Solutions account information. You may give notice to Asentra Health Solutions at any time via electronic mail to cs@asentrahealth.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to Asentra Health Solutions LLC, 1 Bradley Rd. Suite 205 Woodbridge, CT 06525.

 

Severability:
The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

 

Entire Agreement:
This Terms of Use, together with any Asentra Health Solutions rules or policies referred to herein, represents the complete agreement between you and Asentra Health Solutions concerning the subject matter hereof, and it replaces all prior oral or written communications concerning such subject matter. Asentra Health Solutions may modify this Terms of Use as set forth above.

 

Assignment:
You may not assign, transfer or delegate this Terms of Use or any part of it without Asentra Health Solutions prior written consent. Asentra Health Solutions may freely transfer, assign or delegate all or any part of this Terms of Use, and any rights and duties hereunder. This Terms of Use will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

 

Waiver:
Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

Force Majeure:

Notwithstanding anything herein to the contrary, Asentra Health Solutions shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, or any other cause beyond its control.

No Third Party Rights:

Unless expressly stated in these Terms of Use or in the Privacy Policy to the contrary, nothing herein or in the Privacy Policy is intended to confer any rights or remedies under these Terms of Use or the Privacy Policy on any other persons other than you, Asentra Health Solutions and its Affiliates. Nothing in these Terms of Use and the Privacy Policy is intended to relieve or discharge the obligation or liability of any third persons to any of you, Asentra Health Solutions or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, Asentra Health Solution or its Affiliates.

Governing Law, Jurisdiction, and Venue:

These Terms of Use and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of Hawaii, without giving effect to any choice of law rules or principles. Any civil action or legal proceeding arising out of or relating to these Terms of Use or Privacy Policy shall be brought in the applicable Federal or State court located in Hawaii. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Any cause of action or claim you may have with respect to Asentra Health Solutions must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Asentra Health Solutions Services or web site.

Enforcement Costs:

If any civil action or other legal proceeding is brought for the enforcement of any of these Terms of Use or the Privacy Policy or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms of Use or the Privacy Policy, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys’#8217; fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).

Waiver of Jury Trial

THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OF USE OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT WITH RESPECT TO ANY COMPULSORY COUNTERCLAIM (I.E., A CLAIM BY A PARTY HERETO AGAINST ANOTHER PARTY WHICH, IF NOT BROUGHT IN SUCH ACTION, WOULD RESULT IN THE FIRST PARTY BEING FOREVER BARRED FROM BRINGING SUCH CLAIM), A PARTY HERETO SHALL HAVE THE RIGHT TO RAISE SUCH COMPULSORY COUNTERCLAIM IN ANY SUCH LITIGATION, SUIT OR PROCEEDING, WHETHER OR NOT IT IS BEING TRIED BY A JURY.

Protecting Children:
Asentra Health Solutions is designed and intended for use by adults. It is not intended for, nor designed to be used by children under the age of eighteen. A parent or guardian, however, may use Asentra Health Solutions on behalf of a minor child. The parent or guardian assumes full responsibility for ensuring that the authentication information is kept secure and that the information submitted is accurate.

Entire Agreement:
These Terms of Use, together with any Asentra Health Solutions rules or policies referred to herein, represents the entire agreement between you and Asentra Health Solutions concerning the subject matter hereof, and supersede all prior understandings, whether written or oral, concerning such subject matter. ASENTRA HEALTH SOLUTIONS may modify this Terms of Use as set forth above.

Comments, Suggestions and Submissions:
Asentra Health Solutions welcomes comments, suggestions and submissions by its Customers. Any comments, suggestions and submissions made by Customers, including but not limited to, messages, notes, feedback, artwork, communications, computer code or creative materials provided to Asentra Health Solutions shall become the exclusive property of Asentra Health Solutions. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to Asentra Health Solutions of all rights whatsoever (copyright, patentability, and intellectual property). Asentra Health Solutions shall have the right to use said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to Customer. This section shall not include any personal information submitted by Customer that would be included as part of the Health Information Portability and Accountability Act of 1996.

CANCELLATION and REFUND POLICY: The Asentra Health Solutions service can be cancelled at any time by contacting Customer Care, at 800-218-3849. All paid membership fees will be refunded if cancellation is made within 30 days of enrollment date. Enrollment fees are not refundable.

Our Contact Information:

Unless otherwise agreed, you may contact us using any of the following means:

 

Asentra Health Solutions, LLC
1 Bradley Rd. Suite 205
Woodbridge, CT 06525
cs@asentrahealth.com
1-800-218-3849

 

 

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