Emergence Healthcare Group, Inc.
Terms of Service
Last Updated April 2021
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Please carefully read these Terms of Service ("Terms"). These Terms govern the use of our online interfaces, such as our website and app, which are owned and controlled by Emergence Healthcare Group, Inc. (“Emergence”, “we” or “us”) and apply to your access and use of the services made available via the Emergence website www.emergencehcg.com (“Site”) or related mobile app (“App”), including but not limited to Video Telehealth and Messaging (all hereinafter collectively, "Service") and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Site or App (collectively referred to as "Content").
By accessing or using the Service or Content, you agree to comply with and to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, you are not authorized to access or use the Service or Content. The terms “you", "your,” and “yourself” refer to the individual user of the Service.
If you are using the Service for the purpose of accessing healthcare services, you hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to healthcare services or have your parent/guardian consent to healthcare services on your behalf, and (ii) physically located or are a resident of the state you select as your current residency when creating your client portal account.
1. Acceptable Use
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms.
You may not upload viruses or malicious code. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any client portal account(s) or associated computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose.
The following terms apply to any App accessed through or downloaded from any source (such as the Apple App Store or other similar platforms) where the App is made available (each such distribution platform an "App Provider"). You acknowledge and agree that these Terms are between you and Emergence, and not with the App Provider. By downloading the App, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may require that you download upgrades, updates and additional features we publish in order to improve, enhance, and further develop the software, Service, or App.
The Service may change from time to time and/or Emergence may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you.
2. Intellectual Property
By using the Service, you hereby acknowledge that Emergence and/or its licensors own all intellectual property rights associated with the Content and Service and all such rights are reserved. You are hereby granted a limited license only, subject to these Terms, for purposes of viewing the Content. You may not reproduce or distribute any portion of the Content and/or Service without Emergence’s explicit permission.
3. No Medical Advice
Emergence provides licensed healthcare providers with practice management services, including, but not limited office space, non-clinical staffing, advertising, marketing, administrative, and management services. Healthcare providers are not compensated by Emergence for providing healthcare services to you.
While Emergence facilitates your selection of, communications with and other interactions with your healthcare provider, Emergence does not provide medical advice or services. Emergence does not interfere with your healthcare provider’s treatment or their independent professional judgment.
By using the Service, you agree that the Content is not intended to be medical advice and no clinical relationship is established between you and Emergence. When using the Service, you should never disregard, avoid, or delay obtaining medical advice from your primary doctor.
4. Electronic Communications
By creating a client portal account with your physician’s practice, you are agreeing to sending and receiving electronic communications, including but not limited to email, SMS Text, client portal communications, and voicemail communications via Emergence relating to your care and treatment.
Our electronic communications are secure and HIPAA compliant. However, transmitting sensitive information electronically has the inherent risk of a third-party’s unauthorized access. By using the Service, you acknowledge that you are aware of and accept this risk.
Telehealth video and messaging allows you to stay connected with your healthcare provider, even when your life throws you a curveball. However, telehealth video and messaging are not intended for and should not be used for urgent or emergency situations. Specifically, as it relates to messaging, there may be certain circumstances in which your healthcare provider determines that asynchronous telehealth services are no longer appropriate.
By using your physician practice’s telehealth video or messaging service, you agree to have accurate contact information documented in your client portal account. This information is crucial to your healthcare provider should an emergency develop. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age, residence and contact information and that the healthcare provider you access are relying upon this certification in order to interact with you and provide the Service.
When using your physician practice’s telehealth video or messaging, you should work with them to establish a plan in case you experience technological difficulties, and you get disconnected during a video session or can no longer receive or respond to messages.
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person health care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by healthcare providers through the Site.
6. Payment for Service
Your physician practice will never charge you for anything other than healthcare services provided by their practice. Emergence will charge for products purchased on site. Emergence staff will work with you to get as much of the cost as possible covered by your benefits. Depending on your specific health plan or sponsored program, you may owe a copay or coinsurance to your physician practice, just like any physician visit.
If you cannot attend your scheduled session with the healthcare provider, you must cancel your appointment directly with them at least 24 hours in advance. If you cancel within the 24 hours before your appointment, you may be subject to a cancellation fee, up to the full session cost.
By creating a client portal account and providing us with a credit card number, you authorize the physician practice to charge the credit card on file. Such charges may include copays and coinsurance, appointment cancellation and no-show fees, or recurring charges for telehealth services. You represent that you are authorized to incur charges on the credit card on file with us. If you are not the cardholder, you are representing that you have obtained authorization from the cardholder to use the credit card. THE CARDHOLDER NAMED ON THE CREDIT CARD ON FILE WITH US IS ULTIMATELY RESPONSIBLE FOR THE PAYMENT OF ANY OUTSTANDING BALANCE ON YOUR ACCOUNT.
The Content is provided “as is,” with all faults, and Emergence makes no express or implied representations or warranties, of any kind related to this site or the materials contained on it. Additionally, nothing contained on this site shall be construed as us providing medical advice to you.
EMERGENCE TAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM, ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE CONTENT AND/OR SERVICE.
8. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMERGENCE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES, PERSONAL INJURY, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR WRONGFUL DEATH THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE CONTENT OR SERVICE(S). THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM ACTIONS TAKEN BY YOU OR OTHERS IN RELIANCE COMMUNICATIONS SENT OR RECEIVED VIA TELEHEALTH VIDEO OR MESSAGING, MISDIRECTION OR INTERCEPTION OF INFORMATION, INTENTIONAL OR UNINTENTIONAL BREACHES AND ACCESS BY THOSE YOU PROVIDE YOUR USERNAME AND PASSWORD TO. YOU AGREE THAT EMERGENCE SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER ANY INDEMNITY OR ANY THEORY, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PATENT OR COPYRIGHT INFRINGEMENT.
In consideration for Emergence permitting, you to use the Service(s), you expressly release and hold harmless Emergence, its officers, directors, employees, agents, and affiliates from all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law or equity, or otherwise, arising out of or in any way related to your use of the Service(s), whether arising from negligence or any other acts or omissions by Emergence.
In addition, you will indemnify and hold harmless Emergence, its officers, directors, agents, affiliates, and employees, against all actual and direct losses, liabilities, damages, claims, costs or expenses (including reasonable attorney’s fees) they may suffer as the result of third party claims, demands, actions, investigations, settlements or judgments against them arising from or in connection with any breach of these Terms, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents, or agents.
Emergence may suspend or terminate your access to the Content and/or Service(s) at any time, for any reason or for no reason at all. Emergence has the right (but not the obligation) to refuse to provide access to the Service(s) to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Emergence reserves the right to change, suspend, or discontinue all or part of the Service(s), temporarily or permanently, without prior notice. This Section 9, as well as Sections 2, 7 and 8, shall survive any termination or expiration of these Terms.
These Terms are governed by the laws of the State of Delaware, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the Delaware courts in the cases that arbitration is not successful or is assigned or appealed to a civil court. Emergence’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Emergence may be delivered by electronic mail to the address provided during the creation of your client portal account. These Terms constitute the entire agreement between us and yourself regarding the Service(s) and supersede and replace any prior agreements you and Emergence might have regarding the Service(s). Emergence may revise these Terms from time to time without notice to you. By continuing to access or use Emergence’s Service(s) after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the Terms periodically.
11. Supplemental Terms Applicable to Providers
These supplemental terms apply to healthcare providers in addition to the other provisions of these Terms. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.
To be a healthcare provider using the Site (for purposes of this Section, “Provider”, or “you”) you must be a licensed physician, nurse practitioner, physician assistant, and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. The patient will never have a physician-patient relationship with us. Emergence does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other healthcare consumers. Without limiting the generality of the foregoing, Provider is solely responsible for all the billings and collections from patients and other consumers, and Emergence shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
Emergence does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods, or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and Emergence agree that Emergence is not providing to customers, patients, or anyone else, medical advice or legal advice. THE EMERGENCE SITE AND THE SERVICES ARE NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.
Provider will use the Site and Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including but not limited to the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases us and waives any and all potential claims against us as a result of Provider’s use of the Site and Services, and the provision of services to Provider’s patients.
As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold us harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against us, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Site and Services. To the extent applicable, Provider will obtain Emergence’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of ours or defect in the Site or Services. Emergence will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Site (“End User Content”) or provide any End User Content to patients or other consumers, you agree not to provide any End User Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. End User is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Emergence that you have the legal right and authorization to upload all End User Content at the Site. Emergence shall have a royalty-free, irrevocable, transferable right and license to use the End User Content, however Emergence desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from or sell or distribute such End User Content or incorporate such End User Content into any form, medium, or technology throughout the world. Emergence is and shall be under no obligation: (i) to maintain any End User Content in confidence; (ii) to pay to you any compensation for any End User Content; or (iii) to respond to any End User Content.
Emergence does not regularly review End User Content but does reserve the right (but not the obligation) to monitor and edit or remove any End User Content submitted to the Site. You grant us the right to use the name that you submit in connection with any End User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any End User Content. You are and shall remain solely responsible for the content of any End User Content you post to the Site or provide to patients or other consumers. Emergence and its affiliates take no responsibility and assume no liability for any End User Content submitted by you or any third party.