Terms of Use

These Terms of Use (“Agreement”) are a legal agreement between you and Daryl J. Callahan, D.O., P.A. d/b/a Patient360 (hereinafter referred to as “Website Owner”), the owner and developer of Patient360 website (“Site”) and the services provided through the Site (“Services”). By registering for any service provided on Patient360 website you become a client (“Client”) and you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY PATIENT360 SERVICE. The Terms are subject to change at any time, effective upon posting to a Patient360 website.

BY CLICKING THE “I AGREE” BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS.  THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO www.Patient360.info. PATIENT360 RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.

  1. In case of an emergency, dial 911.
  2. Pursuant to Health Insurance Portability and Accountability Act of 1996 (HIPAA), you acknowledge that you have received a copy of the Website Owner’s Notice of Privacy Practices. You consent to disclosure of your protected health information, including information generated through use of virtual health or telemedicine services, as described in the Notice of Privacy Practices. This will include all of your protected health information generated during the provision of Services. To protect the confidentiality of patient information and to incorporate reasonable measures to safeguard the data while ensuring its integrity against intentional or unintentional corruption, the communications systems used will incorporate reasonable security protocols. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at www.Patient360.info/privacy.
  3. Access to Site. To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. Your use of and access to certain areas of the Site and the Services is conditioned upon timely payment of the applicable fees and governed by these Terms of Use. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete and that you have the legal capacity and authorization to agree to these terms. If Company believes the information that you provide is not correct, current, or complete, Company has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time.
  4. No Unlawful Access. You agree that you will not use the Site in any manner that could in any way disable, overburden, damage, or impair the Site or otherwise interfere with any other party’s use and enjoyment of the Site. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Site.
  5. Informed Consent. As with any medical procedures, there are potential risks associated with telemedicine. Website Owner believes the likelihood of these risks is very low. These risk may include: (1) delays in medical treatment or evaluation due to network or equipment failures, (2) lack of access to certain medical records that may result in adverse drug interactions or allergic reactions or other negative health outcomes, (3) communication may be impeded since we are not in the same room causing a misunderstanding, (4) limited availability of diagnostic services and the inability to conduct a physical examination, (5) failure of security protocols, causing a breach of privacy of medical information, (6) failure by you to provide complete documents or information to your provider, which could result in an inaccurate diagnosis. If you meet with a physician, the physician explain what you can expect from the telehealth visit.

    I UNDERSTAND THE RISKS AND BENEFITS OF TELEMEDICINE. BY ACCEPTING THESE TERMS OF USE I CONSENT TO PARTICIPATE IN A TELEMEDICINE VISIT UNDER THE TERMS DESCRIBED. THE SCOPE OF CARE WILL BE AT THE SOLE DISCRETION OF THE HEALTHCARE PHYSICIAN WHO IS TREATING YOU, WITH NO GUARANTEE OF DIAGNOSIS, TREATMENT, OR PRESCRIPTION. THE HEALTHCARE PHYSICIAN WILL DETERMINE WHETHER OR NOT THE CONDITION BEING DIAGNOSED OR TREATED IS APPROPRIATE FOR A TELEHEALTH ENCOUNTER VIA THE SERVICE.

  6. Responsibility for Use of Website. Website Owner grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this Site and Services is at the discretion of Patient360 and Website Owner may terminate your use of this website at any time. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the services provided on Patient360.
  7. Your Location. You state that you are physically located in the State you choose as your current location. Your right to access and use the Service is conditioned upon the truthfulness of this certification and that the physicians you access are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify Website Owner and the physicians you interact with from any resulting damages, costs or claims as set forth in the Indemnification Section below.
  8. This Site may hyperlink to and be hyperlinked by other websites which are not maintained by, or related to, Website Owner. Hyperlinks to such sites are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or Website Owner. Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Site to another web page should be accessed at your own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.
  9. Subscription Agreement. We offer subscription plans (“Subscription”) subject to a separate Subscription Agreement. A Subscription gives you access to certain services or content for 12 months (“Term”). The Term and each subsequent term automatically renews, without notice, for an additional 12-month period unless either party gives the other written notice of termination at least 30 days prior to the expiration date of the then-current term. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every year until you cancel. We will automatically charge you the then-current rate for your Subscription, plus applicable taxes (such as but not limited to sales taxes, VAT or GST), every year upon renewal until you cancel.You may cancel your Subscription at any time; however, there are no refunds for cancellation, and you understand and agree that you shall receive no refund or exchange for any unused time of your Subscription.
  10. Consent to Receive Calls/Text Messages. This Site uses text messages. By subscribing to a service through this Site, you agree to receive automated promotional messages.

    The number of text messages you receive will vary in frequency. We do not guarantee the successful delivery of text messages. Message and data rates may apply for any messages sent or received, which is determined between you and your wireless provider.

    You may opt out of receiving promotional text messages by replying “STOP” from your mobile phone. After you send the “STOP” message, we will send you a text message confirming that you have been unsubscribed. If you want to receive text messages again, you will have to re-enroll. Text messages will be sent using an automatic dialing system to the mobile phone number provided to us.

    You must immediately notify us if your mobile phone number changes. You indemnify us for any liability for any communication or transmission of information via text message which occurs as a result of a change to your mobile phone number that is not reported to us.

  11. Right to Monitor. Patient360 and Website Owner reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
  12. Advice from Patient360. Generally, the content on this Site should not be considered medical advice. The exception to this disclaimer is information received directly by you from physicians in the context of a telemedicine service. Otherwise, opinions, advice, statements or other comments posted on or transmitted through the Site should not be relied upon as diagnosis, medical advice, or treatment.
  13. Ownership, Copyrights, Trademarks, Licenses. Patient360 and Website Owner own and retain all proprietary rights to the Patient360 service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of Patient360 and Website Owner. By posting information to Patient360 and Website Owner you represent that you have the right to grant permission for use by Patient360 and Website Owner.

    If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the material that you claim is infringing is located on the Site;
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By Mail: 2016 Rehfeld Drive, Manhattan, KS 66502

By Phone: 785-341-9440

By E-mail: [email protected]

 

  1. Online Orders. When placing an order on the site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
  2. Payment Terms. All applicable prices are set forth alongside the goods and services offered on the site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document).

    You will be responsible for the prices stated at the time of your transaction, as well as any sales, use, excise, and related taxes. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you warrant your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation and in accordance with the terms of conditions of any such card or payment provider.

    You grant us and our authorized third-party payment processor(s) the right to process payment for your purchase via the debit card, credit card, PayPal® account, third-party payment provider, or reseller you provide, authorize, or maintain on your account. If your payment method fails, or if your account is past due, we may collect fees owed using other collection mechanisms—this may include charging other payment methods on file with us or retaining collection agencies and legal counsel, the fees and cost of which you hereby agree to pay.

  3. Termination by Patient360. We may terminate this Agreement for cause (a) upon written notice to the other Party of a material breach if such breach remains uncured at the expiration of 30 days from the date we send such written notice; or (b) if your payment method fails or your account becomes past due; or (c) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. In no event will our termination for cause relieve you of your obligation to pay any fees payable to us for the period prior to the effective date of termination. Patient 360 reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.
  4. Limitations of Liability and Indemnification. By using the Site and any Services provided by Patient360, you agree that in no event will Patient360, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by Patient360 or Website Owner shall be a return of any fees paid to Patient360 or Website Owner for any services provided under this Agreement. Except for death or personal injury caused by negligence of Website Owner, its employees, agents or authorized representatives, for which no limit applies, Website Owner’s liability will be limited to the lesser of the value of payments made by you for the period of 12 months before the occurrence of the incident giving rise to the liability or $1,000.

    You indemnify and agree to defend and hold harmless Patient360, Website Owner, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of (i) your use of Patient360 web sites contrary to these Terms; (ii) any breach of this Agreement; and (iii) any use by you of the Site’s material, content, services, or products other than as expressly authorized in this agreement; or (iv) your use of any information obtained from the Site. You agree to cooperate as fully as reasonably required by Website Owner in the defense of any Claims, including asserting any available defenses. We reserve the right to assume the exclusive defense and control of any Claims or matter otherwise subject to indemnification by you and you may not in any event settle any Claims without our prior written consent.

  5. No Warranties. Patient360 and Website Owner provide the Patient360 services on an “as is” and “as available” basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, Patient360 and Website Owner do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.
  6. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
  7. This Agreement or any dispute arising from this Agreement is governed by the laws of Kansas, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the State of Kansas, and you hereby consent to the jurisdiction of any such court.
  8. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
  9. Entire Agreement. This Agreement constitutes your entire Agreement with Patient360 and Website Owner with respect to any services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Patient360 and Website Owner may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
  10. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.