Healthjoy Terms and Conditions of use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

This Terms and Conditions of Use ("Terms of Use") is an agreement between you and Healthjoy. The terms and conditions in this Terms of Use are the rules that you agree to by using Healthjoy, the Healthjoy website ("Site") and its associated services. Healthjoy's Privacy Policy, while a separate document, is incorporated into this Terms of Use agreement between you and Healthjoy. Additionally, app.healthjoy.com and Healthjoy Access are different services and separate and different terms of use apply to app.healthjoy.com.
Your use of this site signifies your assent to all of the Terms of Use listed below. If you do not agree to all of these Terms and Conditions listed below you should immediately leave and not use this site.
Healthjoy may revise and update any and all of these Terms and Conditions at any time. Your continued usage of the Site will mean you accept those changes.

Index

Introduction

Healthjoy connects you with information, applications, surveys, etc. Healthjoy does not provide formal medical diagnosis, treatment, or prescriptions in any way, shape, or form. Any and all information provided by Healthjoy or its Health Providers, including but not limited to communications with Healthjoy Health Providers via chat, text, video or audio communication is intended to be for general informational purposes only. In no way does Healthjoy intend to create a physician-patient relationship as defined by state and federal law. Healthjoy is not a substitute for professional medical diagnosis or treatment and therefore any reliance on information provided by Healthjoy or its Health Providers is done so solely at your own risk and you accept any and all consequences stemming from your misuse of or reliance on such information. The contents of the Healthjoy Site, such as text, graphics, images, information obtained from Healthjoy's licensors, and other material contained on the Healthjoy Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment and therefore you should always seek the advice of your primary care physician or other qualified health provider with any questions you may have regarding a medical condition. Healthjoy does not intend to interfere with your primary care physician's or other qualified health provider's medical advice and you should never disregard professional medical advice or delay in seeking it because of something you have read on the Healthjoy Site. The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site. The services provided by Healthjoy are available for use by children, but the Member for all patients under the age of 18 must be the patient's parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms and Conditions of Use.

Your Account

You are responsible for your own account passwords, information, etc. You are personally representing all information you provide to Healthjoy is accurate and complete upon submission. Healthjoy has several tools that allow you to record and store information and you are personally responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Healthjoy passwords or accounts. It is your sole responsibility to control the dissemination and use of sign-in name, screen name, and passwords, to authorize, monitor, and control access to and use of your Healthjoy account and password, and to promptly inform Healthjoy if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located at the bottom of every page of our site. You grant Healthjoy and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Healthjoy cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Healthjoy tools and services.

Content and Services

Healthjoy authorizes you to view or download a single copy of the material on the Healthjoy Site solely for your personal, noncommercial use if you include the following copyright notice: "©2015, Healthjoy, LLC. All rights reserved." and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Healthjoy Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Healthjoy and/or its licensors and any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate not only this agreement but also copyright, trademark, and other laws. Healthjoy has the editorial discretion to change or terminate content or features without notice to you or any other user. All rights not expressly granted herein are reserved to Healthjoy and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. None of the Site content (other than information you receive from Health Providers) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.

Liability of Healthjoy and Its Licensors

You are using the Healthjoy Site and the Healthjoy Content at your own risk. When using the Healthjoy Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Healthjoy and its suppliers. Accordingly, Healthjoy 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 the Healthjoy Site. The Healthjoy Site and the content are provided on an "as is" basis. NEITHER Healthjoy, ITS HEALTH PROVIDERS, NOR ANY OF OUR LICENSORS OR SUPPLIERS, MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES. EVEN IF THE PARTY ACTUALLY KNOWS OR REASONABLY SHOULD HAVE KNOWN THAT OTHER DAMAGES ARE POSSIBLE OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY, IT IS STILL THE SOLE LEGAL REMEDY. TO THE FULLEST EXTENT PERMITTED BY LAW, Healthjoy DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Healthjoy and any of its licensors and/or its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Healthjoy Site or Healthjoy nor the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Healthjoy Site. In no event shall Healthjoy, its licensors, its suppliers, or any third parties mentioned on the Healthjoy Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Healthjoy Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Healthjoy, its licensors, its suppliers, or any third parties mentioned on the Healthjoy Site are advised of the possibility of such damages. Healthjoy, its licensors, its suppliers, or any third parties mentioned on the Healthjoy Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $250. Healthjoy, its licensors, its suppliers, or any third parties mentioned on the Healthjoy Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Indemnity

You agree to defend, indemnify, and hold Healthjoy, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

User Submissions

The personal information you submit to Healthjoy is governed by the Healthjoy Privacy Policy. To the extent there is an inconsistency between this Agreement and the Healthjoy Privacy Policy, this Agreement shall govern. The Site contains functionality (user reviews) that allows users to upload content to the Site (collectively "Public Areas"). By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes and that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. You agree that if you make any such submission you agree that you will not send or transmit to Healthjoy by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Healthjoy by email, you agree such submission is non-confidential for all purposes. If you make any submission to a Public Area, including but not limited to, a submission of any business information, idea, concept or invention to Healthjoy by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted- Healthjoy a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Additionally, Healthjoy may sublicense any of its rights through multiple tiers of sublicenses as it so chooses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Healthjoy by email. We try to answer every email in a timely manner, but are not always able to do so. Healthjoy reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion. You agree to only post or upload Media that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person or entity. Uploading Media of other people, without their explicit permission, is strictly prohibited and by uploading any media on the Healthjoy site, you warrant that you have permission from all persons appearing in your Media for you to make this contribution and grant rights described herein.  It is strictly prohibited to upload Media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions and the Healthjoy Privacy Policy. You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site. By uploading any media you grant to Healthjoy a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media, you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Healthjoy to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media, and you agree to indemnify Healthjoy and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

Notice and Takedown Procedures; and Copyright Agent

If You believe any materials accessible on or from the Site infringe Your copyright, You may request removal of those materials (or access thereto) by contacting Our copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that You believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that You believe to be infringing and its location. Please describe the material, and provide Us with its URL or any other pertinent information that will allow Us to locate the material.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that You have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that You have supplied is accurate, and indicating that "under penalty of perjury," You are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Healthjoy's agent for copyright issues relating to this web site is as follows:

Healthjoy, LLC

Attn: Privacy Officer

208 West Huron St.

Chicago, IL 60654

customerservice@Healthjoy.com

In an effort to protect the rights of copyright owners, Healthjoy maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Governing Law; Arbitration Agreement

Healthjoy may provide links to third-party web sites, may select certain sites as priority responses to search terms you enter, and may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. However, Healthjoy does not recommend or endorse the content on any third-party websites nor does Healthjoy endorse any product, service, or treatment advertised on the Healthjoy Site. Healthjoy is not responsible for the content of linked third-party sites, sites framed within the Healthjoy Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

Additional Terms: Healthjoy Healthcare Services

The following terms and conditions apply to your use of Healthjoy and its live consults performed by chat, audio or video (collectively, "Virtual Consults"). Your use of Healthjoy signifies your assent to the Terms of Use and you represent that you understand and agree to the applicable Healthjoy terms and conditions stated above as well as these specific Healthjoy terms and conditions as follows:

  • You are entering into an agreement with Healthjoy, not Healthjoy.com, which in agreement with HealthJoy, LLC shall be a provider of professional medical services to you.
  • You are engaging in a physician-patient relationship with a HealthJoy, LLC Health Provider when a Virtual Consult is performed.
  • You represent to Healthjoy that you have a primary care physician, you understand and agree that Healthjoy's Health Providers are not your primary care physician, and you agree not to use Healthjoy's Health Providers as a substitute for interactions with your primary care physician.
  • You understand and agree that all Healthjoy medical diagnosis and prescriptions are limited in type and duration and that you will not request diagnosis or prescriptions that for any type or duration that is not permitted by Healthjoy.
  • You understand that Healthjoy's Health Providers may not prescribe you:
    • Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III, IV)
    • Prescriptions for medications that are restricted by states
    • Prescriptions for medications for psychiatric illnesses
    • Prescriptions for lifestyle medications such as erectile dysfunction or diet drugs.
  • You understand you should never delay seeking advice from your primary care physician or health professionals due to any information provided by a Healthjoy or a Health Provider and you agree to seek emergency help when needed and continue to consult your primary care physician.
  • You understand that if your medical condition warrants emergency help, Healthjoy's Health Providers will direct you to the local hospital emergency room.
  • You understand that Healthjoy is not, nor is a substitute for, health insurance, a primary care physician, or an in-person health care interaction and you agree not to use Healthjoy as a substitute for health insurance, a primary care physician, or an in-person health care interaction.
  • You understand Healthjoy and the Health Services provided by HealthJoy, LLC's concierge team are not doctors and do not practice medicine and do not participate in or interfere with the practice of medicine by doctors on Healthjoy and that each of Health Providers is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
  • You agree to the entry of your medical records into Healthjoy's computer database and understand that all reasonable measures have been taken to safeguard your medical information, in accordance with federal HIPAA standards, as amended to date, but no computer or phone system is totally secure. Healthjoy recognizes your privacy and, in accordance with our Privacy Policy Statement, will not release information to anyone without your written authorization or as required by law.
  • You understand and agree that Virtual Consults involve the communication of your medical information, both orally and visually, to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction.
  • You also understand that Healthjoy a "covered entity" as defined under the Health Insurance Portability and Accountability Act and associated regulations. However, you understand that HealthJoy, LCC and the physician associated with HealthJoy, LLC's physician groups are "covered entities" that are subject to the provisions of HIPAA pursuant to 45 CFR 103. Therefore, you understand and agree that your personally identifiable health information ("Health Information") provided to HealthJoy, LLC and the physician associated with HealthJoy, LLC's physician groups are subject to or protected by HIPAA. We will maintain the privacy of your Health Information as required by HIPAA.
  • You also understand and agree that by using Healthjoy that we may automatically send your own personal health information and related reminders to you and you opt into receiving this information by email, mobile notification, or using other contact information provided by you in your account settings. You may opt out of receiving any such communication via email or mobile notification at any time through your account settings. If you prefer not to receive or do not consent to the receipt of personal health information by email or mobile notification, you agree to update your account notification settings before using Healthjoy or any features utilizing reminders.
  • You agree to and accept the Vidyo End User License Agreement.
  • You understand and agree that we are not responsible for the data bandwidth, signal strength, or internet or data connectivity of your mobile device or computer.
  • You agree to refrain from abusive language or engaging in inappropriate behavior when with Health Providers during a consult and agree that a Health Provider may terminate a consult at any time should inappropriate behavior or language be used or if in the physician's sole judgment the consult is no longer appropriate or productive.
  • You agree to refrain from contacting or seeking to contact the Health Provider for telemedicine care outside of the platform. This protects both patients and physicians and to ensure clinical care is delivered in a reliable, continuous and controlled platform. Healthjoy is not responsible for any interactions with Health Providers not conducted on the Healthjoy platform.
  • You represent and warrant to us that, to the extent you enter "protected health information" (as such term is defined under HIPAA) for a third person, you are legally authorized to do so on behalf of such third person, and such third person has validly consented to your inputting of, and your review of, "protected health information" of such third person on Healthjoy and via the Healthjoy website and mobile apps.
  • HealthJoy' LLC's Health Providers are independent contractors of separate professional corporations and are not employees of Healthjoy in any way, shape, or form.
  • Healthjoy is for personal use in accordance with local, state, and federal law only and may not be used for commercial purposes. Licensed U.S. doctors and other qualified Health Providers may apply to participate on Healthjoy for educational purposes or to provide patient consults via Healthjoy only.
  • You understand and agree that using Healthjoy reveals personally identifiable information of members that will be visible to the doctors with whom you interact.

Rights

You have the right to withhold or withdraw Your consent to Virtual Consults at any time without affecting Your right to future care or treatment.

You have the right to inspect all medical information transmitted during a Virtual Consult, including, without limitation, the name of the licensed physician associated with HealthJoy's physician groups treating You and You may receive copies of this information for a reasonable fee in processing and sending You such information.

You understand that the laws that protect the confidentiality of medical information apply to Virtual Consults, and that no information or images from such interaction which identify You will be disclosed to other entities without Your consent.