Terms and Conditions
Revised November 26, 2020
I understand that Vault Health, Inc. provides administrative services to Vault Medical Services, P.A., Vault Medical Services of California, P.C., Vault Medical Services of New Jersey, P.C., and Union Square Physician Services, P.C., each of which are independently owned by licensed physicians. Vault Health, Inc. does not own these medical practices, employ or in any way supervise or control the Providers providing care. The care provided by a Vault Medical Services practice is the sole responsibility of each independent entity and the Providers each Vault Medical Services practice employs or contracts with. I understand that care provided by a Vault Medical Services practice shall be completely separate and apart from any care I may be provided by another Vault Medical Services practice. Services and office practices may vary across Vault Medical Services practices and I should contact the specific entity for all questions related to the health care services I receive. This form has been reviewed and approved by the entities listed above.
1. Privacy Practices
2. Services Provided – No Medical Care or Advice by Vault Health
We offer an online platform for individuals to coordinate access to care. The Site organizes information you submit on your medical status for use by your Provider and facilitates scheduling of an in-person medical examination. Vault Health does not provide medical advice or care. Vault Health contracts with Vault Medical Services, an independent, physician-owned medical service with a network of United States based Providers who provide clinical services. Vault Medical Services Providers deliver clinical services at an in-person exam with their patients. Providers are independently contracted or employed by the Vault Medical Services. Providers are not contracted or employed by Vault Health. The Providers, and not Vault Health, are responsible for the quality and appropriateness of the care they render to you. The Providers are independent of Vault Health and are merely using the Site as a way to coordinate access for you. Any information or advice received from a Provider comes from them alone, and not from Vault Health. Your interactions with the providers at your in-person examination are not intended to take the place of your relationship with any other of your health care practitioners or primary care physician. Neither Vault Health, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service, shall be liable for any professional advice obtained from a Provider at the in-person examination, nor any information obtained on the Site. Vault Health does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers during the in-person examination is solely at your own risk and you assume full responsibility for all risks associated herewith. Vault Health does not make any representations or warranties about the training or skill of any Providers who deliver clinical services. Care coordination will be assisted based solely on the information you submit to the Site. You are ultimately responsible for choosing your particular Provider. The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Vault Health. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Vault Health, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Vault Health facilitates care coordination, Vault Health does not provide medical services, and the doctor-patient relationship is between you and the Vault Medical Services Provider you ultimately select.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Vault Health’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Receipt of In-Person Care
I understand that if I receive in-person care from Providers as a result of using the Site, at the time of such care, the risks and benefits of treatment will be explained to me and I will have the opportunity to ask my health care provider affiliated with Vault Medical Services questions about such risks and benefits of treatment and anything I do not understand about the treatment.
Neither Vault Health nor Vault Medical Services endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. For in-person care, Providers shall use their own discretion and professional judgment to prescribe DEA controlled or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of medical care and any associated prescriptions. You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided prescription information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Vault Health and Vault Medical Services fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Vault Medical Services to transmit that prescription to the pharmacy of your choice.
Not an Insurance Product
Neither Vault Health nor Vault Medical Services are insurers. The Services are not insurance products, and the amounts you pay to Vault Health or Vault Medical Services are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
3. Availability of Services
Vault Health and Vault Medical Services operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
4. Account Creation and Payment
Your desire to initiate Services does not necessarily ensure that we will accept your initiation of Services. We may require additional information regarding your initiation of Services if you have not provided all the information required by us to be completed. Once a properly completed initiation of Services and authorization of your form of payment is received, your initiation of Services will be processed. If, for some reason, it is determined that your initiation of Services cannot be consummated, we will cancel your account, and advise you of such action. We do not accept initiation of Services from dealers, wholesalers or other customers who intend to initiate Services for others.
Typographical Errors and Incorrect Pricing
In the event any services provided by a Vault Medical Services Provider are listed at an incorrect price due to typographical error or error in pricing information received from a third party, we, on behalf of any Vault Medical Services Provider, shall have the right to refuse or cancel the provision of any services not yet rendered by a Vault Medical Services Provider and listed at the incorrect price and the initiation of Services if applicable. We shall have the right to refuse or cancel any such initiation of Services whether or not the Services have been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
See our Return Policies posted on our Site.
Appointment Cancellation Policies
If you select an appointment which requires payment upon appointment confirmation and you (1) choose to cancel the appointment less than 24 hours in advance or (2) you are not able to meet your provider at the designated time or place without providing at least 24 hours advance notice, your payment will not be refunded to you. Changes to an existing appointment must be communicated to your provider and confirmed to avoid losing your current payment for a cancelled or missed appointment.
Payments and Recurring Payments
You understand that Vault Health does not provide health care services; and except as otherwise explicitly stated herein, Vault Health will collect and remit all payment amounts (including any recurring payments) you are charged for the services rendered by the Vault Medical Services practice from which you receive care and any pharmacies that work with the Site to such Vault Medical Services practice and pharmacy. You agree to make timely payments for all health care and pharmacy services that are provided to you. You authorize Vault Health to remit payment information to such Vault Medical Services practice and pharmacies. In the event that a blood test is required prior to or at any other time during the course of receiving treatment from a Vault Medical Services practice, the clinical laboratory provider which receives your specimen and performs the blood test will bill either your managed care plan, other third-party payer, or will bill you directly or the Vault Medical Services practice for the cost of the blood test, depending on the state where you receive care.
You understand by providing your payment information on the Site, including but not limited to any credit card information or credit card hold information for current or future payments, you authorize Vault Health or your Vault Medical Services practice to charge or facilitate the charge of the credit card or other payment method, including for automatic recurring payments, for all items and/or services you receive or are scheduled to receive from the Vault Medical Services practice providing your care and the pharmacies that work with the Site. You understand when you receive services, from a Vault Medical Practice, the cost of services (including medical care and prescription costs remitted directly to the pharmacy on my behalf) is calculated and services are provided on a quarterly basis, and you will be billed for payment monthly (even if you do not receive medical services or prescriptions in more than one month of the quarter for which you am billed). You understand you have the choice to pay for your program cost upfront in full for the quarter, or in three equal monthly payments. You understand you are responsible for the full quarterly cost of your program even if you discontinue as a patient before completing payment for the current quarter. You understand that the cost of services, including medications, are final and not refundable. This is because the cost of treatment is for professional medical services (including any blood draws) which are fully rendered at point of care. Pharmacy rules prohibit the return of medications for reimbursement because medications are packaged for you and cannot be used for another patient. You understand I will not be able to receive refunds for treatments and for medications, even if they are unused. You understand that Vault Medical Services practice reserves the right to discontinue service if you are delinquent on any payments, for which you are responsible. Vault Health, Inc. may use third-party services for the purpose of facilitating payment and the completion of the purchases for health care services, rendered by a Vault Medical Services practice and in conjunction with use of the Platform. By submitting your payment information, you grant Vault Health, Inc. the right to provide information to these third parties.
You understand that when you receive services, from your Vault Medical Services practice, the cost of services (which includes the cost of prescriptions that are remitted directly to the pharmacy) is calculated on a quarterly basis and you will be billed for payment monthly or you can choose to pay each quarterly cost upfront in full. You understand that you remain responsible for the full current quarterly cost of services regardless of whether you choose to discontinue as a patient with your Vault Medical Services practice in such calendar quarter. Vault Health may use third-party services for the purpose of facilitating payment and the completion of the purchases for health care services, rendered by a Vault Medical Services practice and in conjunction with use of the Site. By submitting your payment information, you grant Vault Health the right to provide information to these third parties.
Once a patient has had their initial in-person exam, if they choose to continue treatment (and are up to date with physician follow-up visits and continue to comply with medical instructions of their Provider) they will be billed as described above If a patient is not up to date on their visits and diagnostics as determined by their Vault Medical Services Provider, the Provider will not renew prescriptions and Services will be suspended. In addition, if a patient is delinquent on any payments the patient is responsible for, their Vault Medical Services practice reserves the right to discontinue service to the patient. Credit and debit card issued by U.S. banks are accepted for payment. Preapproval for up to the amount of payment for Vault Medical Services practice cost of services (including medical care and prescription costs remitted directly to the pharmacy on my behalf) may be obtained.
Once your initial examination has occurred, if you choose to commence ongoing treatment, the credit card information you have provided will be used to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the initial in-person visit. If you no longer wish to have your credit card automatically charged for recurring payments you may opt-out by sending an email with the subject line “Opt Out” to firstname.lastname@example.org. Please include your full name in the body of this email and instruction to no longer automatically charge your credit card for recurring payments. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online or at your next in-person examination. This may temporarily delay your ability to make online payments while we verify your new payment information. Please note, as provided above, regardless of whether you choose to opt out of automatic credit card payments, select a different credit card of stop treatment, you understand that you remain responsible for the full cost of services.
You represent and warrant that that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
5. Eligibility; Site Access Security and Restrictions; Passwords
In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. You agree to fully, accurately, and truthfully create your Vault Health Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Vault Health ID and credentials. The Vault Health ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Vault Health ID and/or credentials, and for all activities that occur under such Vault Health ID and/or credentials. You agree to prohibit anyone else from using your Vault Health ID and/or credentials and agree to immediately notify Vault Health of any actual or suspected unauthorized use of your Vault Health ID and/or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Vault Health at any time with or without cause.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Vault Health will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
6. Electronic Communications
When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. Vault Health does not provide health care services and you acknowledge and agree that any such electronic communications shall not be for medical purposes or receipt of medical care. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Vault Health and Vault Medical Services may contact you by telephone, mail, or email to verify your Account information. Vault Health and Vault Medical Services may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within fourteen (14) days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
7. Consent to Receive Calls
By providing your phone number, you are agreeing to be contacted by or on behalf of Vault Health and Vault Medical Services at the number you have provided, including calls and text messages, to receive informational, Services related (e.g., progress tracking, appointment reminders, etc.) and marketing communications relating to the Site and Services. You can opt-out of receiving further calls and text messages from us by sending an email with the subject line “Opt Out” to email@example.com. Please include your full name in the body of this email. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you.
8. Ownership Of The Site And Related Materials; Additional Restrictions
All pages within this Site and any material made available for download are the property of Vault Health, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
9. No Users Under 18 Years Old
The Site and the Services are only for users of the age of 18 or older. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us at any time. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please Contact Us.
10. Accuracy of Information; Functionality
Although Vault Health attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Vault Health so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Vault Health shall have no responsibility or liability for information or content posted to the Site from any non-Vault Health affiliated third party. Vault Health and Vault Medical Services each reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.
11. Links to Other Sites
Vault Health makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Vault Health site, please understand that it is independent from Vault Health, and that Vault Health has no control over the content on that website. In addition, a link to a non-Vault Health website does not mean that Vault Health endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
12. User Information
If you submit, upload, post, or transmit any personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, 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. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Vault Health and Vault Medical Services that you have the legal right and authorization to provide all User Information to Vault Health and Vault Medical Services for use as set forth herein and required by Vault Health and the Vault Medical Services Provider.
Vault Health and/or Vault Medical Services may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Vault Health and/or Vault Medical Services may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Vault Health; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Site or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties.
13. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Vault Health respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Vault Health’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Copyright Notice") complying with the following requirements.
Identify the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Provide your full legal name and your electronic or physical signature.
Include both of the following statements in the body of the Copyright Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Deliver this Copyright Notice, with all items completed, to our Copyright Agent:
Vault Health, Inc.
Attn: Head of Legal and Regulatory Affairs
22 W 23rd St., 5th Floor, New York NY 10010
Telephone: (212) 880-5494
14. Intellectual Property
With the exception of your electronic medical record, Vault Health and Vault Medical Services, as applicable, retain all right, title, and interest in and to the Site, the Services and any information, 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 Vault Health or Vault Medical Services (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 Vault Health or Vault Medical Services, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Vault Health or Vault Medical Services trademarks, service marks, and logos are strictly prohibited without the prior written permission of Vault Health or Vault Medical Services, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, 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 Vault Health, Vault Medical Services, or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Vault Health may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
15. CAN-SPAM Act and Telephone Consumer Protection Act Compliance
Vault Health and Vault Medical Services are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAM-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in Section 7, above (“Consent to Receive Calls and Text Messages”). Emails, newsletters, and text messages received from us are intended to fully comply with the CAM-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section “How to Contact Us.” You shall not: (a) use or permit any of your employees, agents, or affiliates to market, promote, or solicit Vault Health Services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights. You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold Vault Health and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Vault Health and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against Vault Health or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.
16. Disclaimer of Warranties
VAULT HEALTH DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. VAULT HEALTH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. VAULT HEALTH DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO SERVICES OFFERED AND SOLD BY VAULT HEALTH ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY VAULT HEALTH OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES. VAULT HEALTH DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. VAULT MEDICAL SERVICES PROVIDERS, UPON COMPLETION OF IN-PERSON MEDICAL EXAMINATIONS, SHALL USE THEIR OWN INDEPENDENT MEDICAL DISCRETION AND JUDGEMENT TO PRESCRIBE DEA CONTROLLED OR SCHEDULED MEDICATIONS, OR CERTAIN OTHER DRUGS WHICH MAY BE HARMFUL BECAUSE OF THEIR POTENTIAL FOR ABUSE. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRESCRIPTIONS OBTAINED AS A RESULT OF IN-PERSON EXAMINATIONS BY VAULT MEDICAL SERVICES PROVIDERS, MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. VAULT HEALTH DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM ACCESS TO HEALTH CARE MADE AVAILABLE THROUGH THE SERVICES, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO PRESCRIPTIONS DULY ORDERED BY VAULT MEDICAL GROUP PROVIDERS.
17. Limitation of Liability Regarding Use of Site
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
VAULT HEALTH SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF VAULT MEDICAL SERVICES OR THE PROVIDERS. VAULT HEALTH AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF VAULT HEALTH TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
18. No Third Party Rights
20. Supplemental Terms Applicable to Providers
To be a healthcare provider using the Site (for purposes of this Section 20, “Provider” or “you”) you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by Vault Medical Services, and must agree to comply with all laws, medical board rules and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Vault Health users (including, but not limited to, your Vault Medical Services patients) is directly between you and the patient. The patient will never have a physician-patient relationship with Vault Health. Vault Health 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 consumers. Without limiting the generality of the foregoing, Provider and Vault Medical Services is solely responsible for all billings and collections from patients and other consumers, except that Vault Health, may conduct billing and collections from patients and other consumers and immediately remit all such billings and collections to Vault Medical Services, when providing administrative services on Vault Medical Services’ behalf, and Vault Health shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
Vault Health 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 Vault Health agree that Vault Health is not providing, to customer or anyone else, medical advice or legal advice.
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 Vault Health and waives any and all potential claims against Vault Health 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 Vault Health 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 Vault Health, 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 Vault Health’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Vault Health or defect in the Site or Services. Vault Health 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 (“Provider Content”), solely in an effort to improve the functioning of the Site for providers, you agree not to provide any Provider 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. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers in conjunction with in-person medical examination activities. 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 Vault Health that you have the legal right and authorization to upload all Provider Content at the Site. Vault Health shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Vault Health desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. Vault Health is and shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content.
Vault Health does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant Vault Health the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site. Vault Health and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
21. Dispute Resolution; Arbitration Agreement
We will try work in good faith to resolve any issue you have with Site, including without limitation, the Services, if you bring that issue to the attention of our customer service department (which also performs customer service functions on behalf of Vault Medical Services practices). However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
If you desire to assert a claim against Vault Health or a Vault Medical Services practice, and you therefore elect to seek arbitration, you must first send by certified mail, a written notice of your claim ("Notice"). The Notice should be addressed to: Vault Health, Inc. Attn: Legal Dept. 22 West 23rd Street, New York, New York 10010 ("Notice Address"). If Vault Health or any of the Vault Medical Services practices desire to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we or the applicable Vault Medical Services practice have on file or otherwise in our or the practices records for you. A Notice, whether sent by you or by Vault Health (acting for itself or on behalf of a Vault Medical Services Practice, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Vault Health (or the Vault Medical Services practice) and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Vault Health (or the Vault Medical Services practice) may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Vault Health (or as applicable the Vault Medical Services practice) or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Vault Health receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.
YOU AND VAULT HEALTH (OR AS APPLICABLE A VAULT MEDICAL SERVICES PRACTICE) AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Vault Health (or a Vault Medical Services Practice) agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
22. Force Majeure
24. Revisions; General
Copyright/Trademark Information. Copyright ©2018 Vault Health, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
25. COVID-19 Testing