These Terms may be modified or expanded from time to time. The most recent revisions to these Terms will be communicated on or through the iHeal web site www.iheal.io. Each time you use iHeal, you should check the web site to see whether and how the Terms have been changed. Your continued access to or use of iHeal will constitute your acceptance of any changes or revisions to these Terms.
Through iHeal, as described more fully in these Terms, an Independent Health Professional not related to iHeal may provide you health-related educational, diagnostic and/or clinical services. Your failure to follow these Terms, however, whether listed below or communicated through the iHeal web site, may result in the suspension or termination of your access to iHeal without notice, in addition to any other remedies that may be available to us at law or in equity.
ADVICE RECEIVED VIA THE SITE OR APP SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
iHeal AND/OR ITS RESPECTIVE INDEPENDENT HEALTH PROFESSIONALS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE SITE OR SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED \"AS IS\" WITHOUT WARRANTY OF ANY KIND. iHeal AND/OR ITS RESPECTIVE INDEPENDENT HEALTH PROFESSIONALS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
INDEPENDENT HEALTH PROFESSIONALS electing to communicate through iHeal are not the agents, servants, or employees of iHeal and are not providing services on behalf of iHeal. iHeal has no authority to advise a Independent Health Professional to use or not use iHeal, either in general or in any specific case, nor any authority to, on the basis of any evaluation of the quality of service or the skill of a Independent Health Professional, terminate or in any way define, modify or limit his or her use of the service. Nor does iHeal have any control over or knowledge of the accuracy of any statements INDEPENDENT HEALTH PROFESSIONALS make about themselves through iHeal. iHeal cannot and does not offer any representations about the knowledge, skill, training, or experience of any Independent Health Professional, nor does it have any knowledge of any claims that may have been asserted against any Independent Health Professional by any person or entity, nor of any disciplinary actions that may have been taken or that may be pending against any such Independent Health Professional, nor of any billing irregularities, alleged or established, associated with any such Independent Health Professional, nor what if any hospital privileges any such Independent Health Professional may have, nor how, if at all, such privileges may have changed in the past or may change in the future.
iHeal is neither a physician nor a medical practice. It does not practice medicine, nor seek to practice medicine. Similarly, iHeal is neither a psychologist, nor any other kind of mental health or behavioral Independent Health Professional, nor a mental or behavioral health practice. In providing Terms to You and to INDEPENDENT HEALTH PROFESSIONALS, iHeal does not enter into a physician-patient relationship with anyone, nor a psychologist-patient or therapist-patient relationship with anyone, nor does it offer medical advice or mental health or behavioral health advice to anyone.
INDEPENDENT HEALTH PROFESSIONALS with whom You communicate on iHeal are independent medical or mental HEALTH PROFESSIONALS who are solely responsible for the services they provide to You. iHeal is not in any way a partner of any Independent Health Professional, nor a member of any Independent Health Professional's group, nor in practice nor in business with any Independent Health Professional. iHeal has no power to hire INDEPENDENT HEALTH PROFESSIONALS. iHeal may terminate any agreement it has with any Independent Health Professional, but otherwise has no authority to discipline, fire or terminate INDEPENDENT HEALTH PROFESSIONALS. In particular, iHeal has no authority to influence, much less control, how INDEPENDENT HEALTH PROFESSIONALS practice, nor does it seek to acquire any such authority. On the contrary, iHeal recognizes, and by installing, downloading, registering with, or in any way using iHeal, You also recognize, that INDEPENDENT HEALTH PROFESSIONALS are professionals authorized and obligated to exercise their own independent professional judgment in the education of Consumers and in the care of Patients, and that iHeal has no authority, nor any obligation, nor does it seek any such authority or obligation, to play any role in making any such judgments. In particular, INDEPENDENT HEALTH PROFESSIONALS exercise their own independent medical or psychological judgment in determining whether You can benefit from their communications, in determining whether You may be appropriately diagnosed in the iHeal system, and in determining whether You may be appropriately treated through the iHeal system. iHeal itself has neither control nor influence over such decisions, nor does it attempt to exercise control or influence over them. iHeal does not interfere with the practice of medicine or the practice of mental or behavioral health of any of the IINDEPENDENT HEALTH PROFESSIONALS with whom You may communicate, each of whom is responsible for services and compliance with the requirements applicable to his or her profession and license.
Any physician or Independent Health Professional-level psychologist willing to abide by the Terms iHeal offers to such professionals may be listed on iHeal. iHeal does not recommend or endorse any specific Independent Health Professional, clinician, test, product, procedure, opinion, or other information that may be mentioned by or discussed with an Independent Health Professional through iHeal. Deciding to engage with an Independent Health Professional is Your decision entirely. Reliance on any information provided by the Independent Health Professional through iHeal is solely at Your own risk.
You agree that services INDEPENDENT HEALTH PROFESSIONALS provide You through iHeal are not to be reimbursed through Medicare or Medicaid, nor by any other Federal health care program, and that You will not seek any such reimbursement. iHeal offers You a mechanism to request INDEPENDENT HEALTH PROFESSIONALS educational, diagnostic and/or clinical services for a fee. To the extent commercial health insurers may cover the cost of some or even all of those services, You are at liberty to seek the benefits their coverage may provide You. The same is NOT true of Patients or Consumers eligible for Medicare or Medicaid or both or for benefits under any other Federal health care program.
Your choice to access iHeal is at Your own initiative and Your own risk. iHeal is neither a lawyer nor a law firm. It does not practice law, nor seek to practice law. In offering these Terms to You, iHeal does not enter into an attorney-client relationship with You, or with anyone else, nor does it offer anyone legal advice. In particular, that We make iHeal available to You does not mean that We assert that a Independent Health Professional may lawfully use it in the Independent Health Professional's or any other jurisdiction for any purpose.
'Affiliate' means all agents, servants, employees, parents, subsidiaries, siblings, successors, heirs, or assigns of iHeal or of Iris Health Technologies, LLC, and each of their respective officers, directors, members, employees, agents, servants, or representatives, and their respective successors and assigns.
'Consumers' are those individuals who elect to communicate with INDEPENDENT HEALTH PROFESSIONALS on iHeal.
'INDEPENDENT HEALTH PROFESSIONALS' are licensed physicians, lactation consultants, psychologists, mental health counselors, diabetes educators, nurse practitioners, chiropractors, naturopaths, and nutritionists, who are licensed as such in the country and/or state where they are physically located, who communicate with Consumers using iHeal and who arrange to be listed here. The Independent Health Professionals may not be licensed in the Consumers' country or state.
'Patients' are those Consumers who have agreed to accept an Independent Health Professional's services in making diagnoses or in recommending treatment or both for them, including, where the Independent Health Professional deems it appropriate and lawful, and where it is within the scope of the Independent Health Professional's practice, the prescribing of medications exclusive of controlled substances.
'Standard Rate' means the rate iHeal will charge Consumers or Patients for his or her time spent communicating with the INDEPENDENT HEALTH PROFESSIONALS through iHeal, stated per appointment
'iHeal Services' means video, audio, or written communication with an Independent Health Professional, or some combination of such communications.
'We' or 'Our' or 'Us' means iHeal or iHeal, Inc..
'You' or 'Your' or 'Yourself' or 'My' refers to a Consumer or a Patient.
YOUR DECISION TO SEEK DIAGNOSTIC OR THERAPEUTIC SERVICES OR BOTH THROUGH iHeal IS SOLELY YOURS TO MAKE. iHeal IS NOT QUALIFIED TO NOR DOES IT ATTEMPT TO MAKE SUCH DECISIONS FOR YOU OR FOR ANYONE ELSE. iHeal HAS NO PATIENTS OF ITS OWN AND PLAYS NO ROLE IN THE MANAGEMENT OF ANY PATIENT, NOR DOES IT SEEK TO NOR IS IT QUALIFIED TO.
The clinical purpose of iHeal is to provide a method for an Independent Health Professional in appropriate circumstances to provide Patients with diagnoses or treatments or both. Clinical use of iHeal may not be lawful in every jurisdiction or in every clinical circumstance. Clinical use of iHeal may not be medically appropriate or appropriate for mental health care in many clinical situations. If You decide to become a Patient, and thus to accept clinical services from a Independent Health Professional through iHeal, You acknowledge that it is the responsibility of the Independent Health Professional, and not of iHeal, to determine whether the nature of Your problem is such that it is professionally appropriate to clinically assist You with that problem through iHeal; and it is lawful for the Independent Health Professional to diagnose or treat You through iHeal.
There are circumstances in which, assuming there is no legal impediment to his or her doing so, and assuming the nature of the Patient's problem is such that utilizing iHeal is clinically appropriate, an Independent Health Professional may be able to provide professional medical or mental health advice, diagnoses, or treatment, including in proper cases prescriptions of medications other than controlled substances, through iHeal: (i) if You are already a patient in a Independent Health Professional's medical or mental health practice, the Independent Health Professional may provide diagnoses or treatment advice or both, and, if clinically appropriate and within his or her scope of practice, he or she may prescribe medications other than controlled substances; or (ii) if an Independent Health Professional is licensed to practice medicine or clinical psychology in such state AND You have Your primary residence in that country or state, AND the Independent Health Professional agrees to accept You as a patient, AND You designate the Independent Health Professional as your On-Call Independent Health Professional, You may form an appropriate patient-physician relationship, or an appropriate patient- psychologist relationship, and then be diagnosed or treated or both, up to and including, where appropriate, and where within the Independent Health Professional's scope of practice, getting prescriptions, other than prescriptions for controlled substances, without having to see the Independent Health Professional in person.
You acknowledge that it is the Independent Health Professional's responsibility, and not iHeal's, to determine whether, under relevant law, the Independent Health Professional may perform clinical services for Patients through iHeal. You acknowledge that it is up to the Independent Health Professional to abide by all laws applicable to telemedical diagnosis, treatment plans and prescriptions.
If You decide to become a Patient of a Independent Health Professional through iHeal, You represent and warrant that You have a primary care physician, and You understand and agree that iHeal is providing only limited non-emergency services that are not a substitute for, nor intended to substitute for, the advice of Your primary care physician or of other qualified health care professionals. You understand that You should never delay seeking advice from Your primary care physician or other INDEPENDENT INDEPENDENT HEALTH PROFESSIONALS because of information provided through iHeal. You agree that You will seek emergency help when needed, or when You think there is some chance it may be needed, and that You will continue to consult with Your primary care physician as he or she recommends.
In using iHeal, whether for educational or for clinical purposes, You agree to comply at all times with the following code of conduct:
In order to use iHeal, You will be required to register and set up an account with Us. In order to do so, You will be provided, or required to choose, a username, a password, and/or other registration information. You agree and represent that all information provided by You, including without limitation Your age and place of residence, will be accurate and up-to-date. You may not impersonate, imitate, or pretend to be another person when registering and/or setting up an account on iHeal, nor knowingly allow another person to impersonate, imitate, or pretend to be You. If any of the information You provide when You register changes, You must update it with reasonable promptness by using the appropriate update mechanism on iHeal. If because You have posted any inaccurate information or any allegedly inaccurate information any claim, demand, damages, or suit is brought against iHeal or any of its Affiliates, You agree to indemnify them all and to hold them all harmless.
You are solely responsible for maintaining the confidentiality of Your username and password. You may not authorize others to use Your username or password, or transfer or assign Your username or password to anyone else without Our written approval. Any attempt to do so will be null and void, and grounds for Our termination of Your iHeal account. You are also solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your username or password, with or without authorization, or who has access to any mobile or other device on which Your account resides or is accessible.
If You have reason to believe that Your account is no longer secure, You must promptly change Your username and password, or immediately close Your account. You must also promptly notify iHeal at Our Contact Us page on the webpage of Your concerns about the security of Your account, of the basis of Your concerns, and of any steps You have taken and/or plan to take to deal with Your concerns.
We reserve the right to change the amount of, or basis for determining, any fees payable by You to use iHeal, and to institute new Fees. This applies to credit cards, bank wires, cash, checks and all credits purchased through the Apple (App Store) or Google (Google Play) stores. Since You are apprised in advance of the charges associated with any service you request through iHeal, any such change will be apparent to You before you agree to be bound by it.
If You submit Your credit, debit, or charge card information to iHeal upon registration or otherwise, You give Us permission to charge all fees incurred through Your account to the Apple account, Google account, credit, debit or charge card You designate. All fees will be charged at the time they are incurred. If payment cannot be charged to Your credit, debit, or charge card, or Your payment is returned for any reason, including any charge back, We reserve the right to either suspend or terminate Your account.
Out of courtesy for the Independent Health Professional's time: When scheduling an appointment, a minimum of 10 minutes of the Independent Health Professional's time must be reserved at Independent Health Professional's Standard Rate. The Independent Health Professional can adjust the charge downward if he or she so wishes after the call has taken place.
All graphics, text, photographs, images, video, audio, and other material supplied by or through iHeal are protected by federal, state, and foreign copyright, trademark, and other intellectual property laws. We and Our licensors grant to You a limited, non-exclusive, right and license to use the foregoing solely as described at the website, as limited by these Terms, provided that You keep intact any and all copyright and other proprietary notices.
iHeal also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Us or Our licensors that may not be clearly identified as, or intended, for Your use, including without limitation the organization, design, compilation, and 'look and feel' of iHeal (collectively, 'Content'). Such Content is protected by federal, state, and foreign copyright, trademark and other intellectual property laws, and is the property of iHeal or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by You, directly or indirectly, of any such Content is strictly prohibited. Without limiting the foregoing, You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through iHeal without Our prior written consent.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with iHeal or its associated software, hardware and/or servers in any way, and You agree not to impede or interfere with others' use of iHeal. You agree not to attempt to gain unauthorized access to iHeal servers by any means.
You also acknowledge that we have not reviewed and do not endorse the content of any sites or services (including other applications) linked to from iHeal and are not responsible for the content or actions of any other sites, services, or applications linked to from iHeal. Your linking to any service or site is at Your sole risk.
You agree to indemnify, defend, and hold harmless iHeal, Inc. and its Affiliates, and each of their respective officers, directors, members, employees, agents, representatives, and each Independent Health Professional with whom You may have contact through iHeal, and each Independent Health Professional's respective agents, employees, successors, and assigns from and against any and all suits, claims and liabilities (including reasonable attorney's fees) that may arise from Your submissions, from Your unauthorized use of material obtained through iHeal, from Your breach of these Terms, or for any other acts or omissions related to Your use of iHeal.
YOU ACKNOWLEDGE THAT YOU ARE USING iHeal AT YOUR OWN RISK. iHeal IS PROVIDED TO YOU 'AS IS' AND WE, OUR AFFILIATES, YOUR INDEPENDENT HEALTH PROFESSIONALS, AND EACH INDEPENDENT HEALTH PROFESSIONAL'S RESPECTIVE AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED HEREIN OR PROVIDED BY THE iHeal OR THE INDEPENDENT HEALTH PROFESSIONAL. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO iHeal WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALWARE WILL BE TRANSMITTED ON OR THROUGH iHeal. ACCORDINGLY, iHeal ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF iHeal.
NEITHER iHeal, OUR AFFILIATES, YOUR INDEPENDENT HEALTH PROFESSIONALS, NOR EACH INDEPENDENT HEALTH PROFESSIONAL'S RESPECTIVE AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS SHALL BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES SUSTAINED OR ALLEGEDLY SUSTAINED ARISING OUT OF THESE TERMS, THE PROVIDING OF iHeal HEREUNDER, THE SALE OR PURCHASE OF ANY SERVICES, YOUR ACCESS TO OR INABILITY TO ACCESS iHeal, INCLUDING FOR VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALWARE ALLEGED TO HAVE BEEN OBTAINED FROM iHeal, YOUR USE OF OR RELIANCE ON iHeal OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON iHeal, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE iHeal, ITS AFFILIATES, YOUR INDEPENDENT HEALTH PROFESSIONALS, AND EACH INDEPENDENT HEALTH PROFESSIONAL'S RESPECTIVE AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM SUITS, CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, 'CLAIMS'), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF iHeal.
You agree that, for all purposes, these Terms, shall be governed and construed in accordance with the laws of the State and Country in which the Independent Health Professional with whom You communicate through iHeal is located.
As a general rule, iHeal does not collect information pertinent to the services INDEPENDENT HEALTH PROFESSIONALS provide, either educational information to Consumers or clinical services to Patients. Other than information needed for administration of Our service, iHeal does not seek to collect individually identifiable health information as defined at 45 CFR Â§160.103.
With your consent, however, iHeal will store protected health information ('PHI') as defined at 45 CFR Â§ 160.103, for Your use and, at Your election, your INDEPENDENT HEALTH PROFESSIONALS' use. You have the option to upload or not to upload PHI, but if You do, You will have access to Your own PHI. We also offer an optional anonymous mode to further protect Patient identity. No PHI is required to use iHeal.
PHI provided to iHeal and transmitted between or among mobile devices, the iHeal website, and its servers is encrypted. The passwords that allow access to the iHeal App and website, which may contain PHI, are also encrypted. The iHeal server that PHI may be stored on is protected by a firewall. Human access is limited to that access needed to maintain the server, and excludes access to PHI. iHeal servers require secure shell certificates for access. The servers have all ports closed (deny-all mode) except for a few that remain open because they are vital for iHeal to operate. These are secured with authentication (login/password) and encryption (Hypertext Transfer Protocol Secure/ Secure Socket Layer ('HTTPS/SSL') traffic. iHeal undertakes reasonable efforts to secure all PHI it is sent. In the event of a hacker attack, however, it is always possible, despite deployment of reasonable safeguards, that PHI may be exposed. By using iHeal, You accept this risk of unauthorized PHI use or disclosure. [iHeal TO CONFIRM IT PLANS TO HAVE ALL THESE SECURITY MEASURES IN PLACE OR DELETE WHAT IS NOT APPLICABLE.]
You should be aware that We may monitor activity on iHeal, tracking such matters as the number of users, services accessed, and technical data to improve the quality of Your experience, and to foster compliance with these Terms. By using iHeal, You hereby specifically agree to such monitoring.
iHeal may automatically collect information about the mobile or other device You use to access iHeal, including for example the make and model of Your device, and (if applicable) the type of browser software You use, the operating system You are running, and Your Internet Protocol address. In addition, Your location may be collected and stored via the functionality of Your mobile or other device and, if so, iHeal may store and have access to such information. In addition, We reserve the right to use the information we collect about Your mobile or other device (including its location), which may at times be able to identify You, for any lawful business purpose, including without limitation to help identify problems with Our servers, to gather de-identified demographic information, and to otherwise administer iHeal.
We allow access to Our database by third parties that provide Us with services, such as technical maintenance, but only to and only to the extent necessary to provide those services. While we will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, iHeal bears no responsibility for any actions or policies of third parties. We may also provide access to Our database in order to comply with legal obligations arising from official investigations or legal proceedings, including, for example, in response to subpoenas, search warrants, court orders, or other legal process.
iHeal is not a 'covered entity' as defined in the United States' Health Insurance Portability and Accountability Act and the regulations promulgated under that Act ('HIPAA'), specifically including without limitation 45 CFR Â§160.103. The INDEPENDENT HEALTH PROFESSIONALS with whom You may communicate through iHeal are subject to laws governing the privacy of medical records. Any individually identifiable health information provided to iHeal by a Independent Health Professional is subject to or protected by law. To the extent the law applies to iHeal, We will make reasonable efforts to maintain the privacy of Your health information.
We also make reasonable efforts to monitor iHeal servers for any infiltration or attacks. Some attacks are easier to identify than others. Distributed denial-of-service ('DDos') attacks, or Brute-force attacks, for example, are much easier to identify than attacks in which someone mimics a user and steals a username and password. Consumers or Patients electing to store PHI on iHeal accept responsibility for securing their usernames and passwords. Should We become aware of a compromise of PHI, We shall notify the relevant INDEPENDENT IHEALTH PROFESSIONALS as soon as possible but in any event within thirty (30) days of learning of that compromise.
iHeal may be used in the education or care of children, or both, subject to these restrictions:
Children under age 13: If You wish to allow an Independent Health Professional to educate You concerning a child under age 13, and You wish the child to be present for an educational session, You must, at the time and for the duration of Your communication with the Independent Health Professional, be physically present with the child. If You wish to allow a Independent Health Professional to diagnose or treat a child under 13, You must, at the time and for the duration of Your communication with the Independent Health Professional, be physically present with the child. Under either circumstance, You must identify Yourself as the child's parent or guardian. You must decide whether, on Your child's behalf, to grant informed consent to the Independent Health Professional's services.
We do not collect individually identifiable information from any person we actually know is a child under the age of 13.
Children 13 to 18: If You wish to allow an Independent Health Professional to educate You concerning a child aged 13-18, and You wish the child to be present for an educational session, You must, at the time and for the duration of Your communication with the Independent Health Professional, be physically present with the child. You must identify Yourself as the child's parent or guardian. You must decide whether, on Your child's behalf, to grant informed consent to the Independent Health Professional's services.
If You wish to allow a Independent Health Professional to diagnose or treat a child aged 13 to 18, except where under applicable law parental consent is not required, You must, at the time and for the duration of Your communication with the Independent Health Professional, be physically present with the child. You must identify Yourself as the child's parent or guardian. You must decide whether, on Your child's behalf, to grant informed consent to the Independent Health Professional's care and treatment.
In certain circumstances determined by law, a child aged 13-18 is himself or herself deemed capable of granting informed consent, independent of a parent or guardian. The Independent Health Professional is responsible for determining whether those circumstances apply to the case of any given child aged 13-18. Where they do, Your consent is not required, nor is Your presence, during the communication between the child and the Independent Health Professional.
Because no data transmission is completely secure, we cannot guarantee the security of the information You send to Us or the security of Our servers or databases, and by using iHeal You agree to assume all risk in connection with the information sent to Us or collected by Us when You use iHeal. In the unlikely event that we believe that the security of Your information in Our possession or control may have been compromised, we may seek to notify You through iHeal or otherwise via Your mobile or other device.
Neither party shall export, directly or indirectly, any technical data acquired from the other pursuant to these Terms or any product utilizing any such data to any country for which the U.S. Government or any agency thereof at the time of export requires an export license or other government approval without first obtaining such license or approval.
As used in these Terms, the masculine shall include the feminine and the neuter. The singular shall include the plural.
You will not assign or transfer any rights or obligations under these Terms without the prior written consent of iHeal. iHeal is free to assign or transfer any rights or obligations under these Terms directly or indirectly, by operation of law or otherwise, to any person.
All claims and disputes with iHeal arising under or relating to these Terms are to be settled by binding arbitration in the state of Florida. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in Florida and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
If any term or other provision of these Terms is determined to be invalid, unlawful or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of these Terms shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.
The waiver by iHeal of Your breach of any provision of these Terms shall not operate or be construed as a waiver of any other or subsequent breach by You.
A party shall not be liable for any failure of or delay in the performance of the requirements of these Terms for the period that such failure or delay is caused by factors beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
Headings in these Terms are for the convenience of the reader, and of themselves are of no significance and unenforceable.
Neither party shall use, or disclose to any person, either during the term or after the termination of these Terms, any source or object codes, technical data, correspondence or any other information or materials owned or provided by the other party or its Affiliates, or its clients or contractors hereunder (collectively, 'Confidential Information'), or disclose any information concerning the contents of these Terms, except for purposes consistent with the administration and performance of a party's obligations hereunder or as required by law.
With respect to the iHeal application, these Terms, together with the Informed Consent Addendum, constitute the entire agreement between You and iHeal, and supersedes all prior or contemporaneous written or oral agreements. These terms may be changed only by mutual agreement, in writing, of the authorized representatives of Yourself and iHeal.
You agree to use iHeal only for lawful purposes and acknowledge that Your failure to do so may subject You to civil and criminal liability.
NOTE: The information being asked of You below is collected as part of iHeal's Registration process and is stored in Our database and associated with the electronic acceptance and signature of this document, indicated by clicking on 'Register' to register with iHeal that You have read and understood, and that You accept and agree to the terms of this document.
Any questions should be directed through the Contact Us section of our website.
Date of Birth
Date of Registration
Subject to the Terms above, iHeal enables the use of audio, video or other electronic communications to allow Your Independent Health Professional to educate You or Your child or both about health and medical or mental health topics, and/or to diagnose and/or treat You or Your child. During Your communication with Your Independent Health Professional, You will likely communicate details of Your medical or mental health history and Protected Health Information, or Your child's, through the use of interactive video, audio or other telecommunications technology. If You elect to become a Patient, or You elect to allow Your child to become a Patient, Your Independent Health Professional may take a history and may perform a limited physical examination, and may take video, audio, and/or photo recordings.
Electronic systems used will incorporate network and software security protocols to protect the privacy and security of Your health information and imaging data, and will include measures to safeguard Your data's integrity against intentional or unintentional corruption. As discussed more fully in the Terms above, however, privacy and security cannot be guaranteed.
By electronically accepting this form (which is equivalent to signing and agreeing to the Terms and the Informed Consent Addendum), I understand the following:
I have read and understand the information provided above regarding iHeal. I have discussed it with My Independent Health Professional to the full extent I consider necessary. I have been given ample opportunity to ask any questions I may have and have done so. All of my questions have been answered to my satisfaction in language I understand. At the time I agree to these Terms, there are no unfilled blanks in these documents. I hereby give my informed consent for the use of iHeal Services.
Electronic acceptance of this document is equivalent to the Signature of Patient