CareNow PATIENT REGISTRATION AGREEMENT
TMC Healthcare dba CareNow (“CareNow” or “We”) is pleased to invite you to access to CareNow’s Platform which will permit you to request and access certain behavioral health and other medical consultation services (“Services”) as provided by the Providers, together with your identifiable health information whether submitted by you or generated as a result of your use of the Services (“Health Information”). Please read the following CareNow Patient Registration Agreement (“Agreement”) carefully before deciding whether to register for access to the non-public portions of this CareNow website (“Patient Portal”) or register use of the CareNow mobile app (“App”), which are both provided to you by CareNow for the benefit of CareNow Providers (each, a “Provider”). The Patient Portal and App are collectively referred to below as the “Platform”. If you elect to use the App, the App is made available by CareNow for the benefit of the Providers via the Apple App Store or Google Play. Use of the mobile app is further subject to the End User License Agreement made available with the App.
BY CLICKING “I AGREE” BELOW, YOU ARE COMPLETING YOUR REGISTRATION FOR ACCESS TO THE PLATFORM ON BEHALF OF YOURSELF OR THE INDIVIDUAL PATIENT FOR WHOM YOU ARE THE LEGAL REPRESENTATIVE AND YOU ARE AGREEING, TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH CareNow. IF YOU DO NOT AREE, YOU SHOULD CLICK “I DO NOT AGREE’ AND YOU WILL NOT BE PERMITTED TO ACCESS THE PLATFORM AND COMPLETE YOUR REGISTRATION FOR THE ACCESS TO THE SERVICES.
MAKE SURE TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
THE PLATFORM SHOULD NEVER BE USED FOR URGENT HEALTH CARE MATTERS. IF YOU ARE EXPERIENCING AN URGENT HEALTH MATTER OR OTHERWISE NEED IMMEDIATE ATTENTION, CALL 911.
The Services do not replace your existing primary care physician relationship, but are intended only to supplement that relationship for your non-emergency medical needs. CareNow is not an insurance provider nor is it a prescription fulfillment warehouse. Services are not available outside the United States.
CareNow may require additional verifications or information before granting any request to access the Platform or Services. Following our receipt of your completed registration request to access the Platform, CareNow will send you electronic confirmation of your registration to the e-mail address you provide.
If your registration is confirmed by CareNow, you will be provided with access to the Platform via a user name and password that you select during the registration process. You are responsible for all activity under any use name assigned to your account. You have the sole responsibility for insuring the confidentiality of the user name and password for your account. You agree to immediately notify CareNow of any unauthorized use of your account or any user name assigned to your account and any other breach of security of which you become aware. As a user of the Platform, you may also choose to use the secure messaging feature of the Platform which will allow the exchange of communications between patients and Providers and which may contain identifiable health information. Communications sent via this feature are recorded and maintained by CareNow. Platform users have the ability to view the trail of messages received and sent via their Platform account. CareNow does not edit the content of the communications between patients and Providers.
Subject to approval of your request for Platform access and your compliance with this Agreement, CareNow grants to you a non-exclusive, non-transferable, limited license to access and use the Platform solely for your personal use. We reserve the right to change, modify, suspend or discontinue any aspect of the Services available, or the Platform in its entirety, at any time without notice.
You acknowledge that you will be responsible for (i) obtaining and maintaining all computer hardware, software and communications equipment necessary to access the Platform, and (ii) paying all third-party telecommunications or other charges incurred by your while using the Platform, including any telecommunications data charges.
You will need to complete your medical history via the Platform before you will be able to access Services from the Providers. All such information is subject to our Notice of Privacy Practices and, will be shared with the Providers in order for the Provider’s to provide the Services.
THE HEALTH INFORMATION MADE AVAILABLE TO YOU ON THE PLATFORM IS YOUR IDENTIFIABLE HEALTH INFORMATION MAINTAINED IN YOUR ELECTRONIC HEALTH RECORDS MAINTAINED BY CareNow ON BEHALF OF THE PROVIDER.
You may elect to provide access to your Health Information to your existing primary care physician. If you wish for CareNow to send your Health Information to your primary care physician, insurance provider or any other third party, you will be required to complete a Request for Medical Records permitting us to transfer that information.
You acknowledge that the Platform and all the content, and underlying technology, names, logos, text, audio, forms, documents, materials, data, video, graphics, charts, photographs, icons, and the design, selection, and arrangements of content in any medium on this Platform are the sole property of the Provider, CareNow, or its vendors, as applicable, and are protected by copyright, trademark, service mark, trade secret, trade dress, patent and other intellectual property laws, as applicable. You acquire no right, title or interest in the Platform or Services, or any copyrighted works, trademarks, or any other intellectual property except the limited license to use the Platform granted in Section 5 above.
Any feedback, suggestions, solutions, improvements, corrections or other contributions you provide regarding the Services or Platform become the sole property of CareNow and you agree to assign and herby assign any and all such rights to CareNow without charge. You further agree to take all acts reasonably requested by CareNow to confirm CareNow’s ownership of such items.
Notwithstanding the above, certain portions of the Platform may permit and facilitate communications via the Platform between patients and Provider physicians, which will be kept confidential as required by law.
Nothing in this Agreement may be construed as granting you any other right in the Platform outside of the limited license to access the Platform, Health information, and Services. You may not otherwise use, reproduce, modify, mirror, transmit, display, make, offer to sell, license, decompile, disassemble, reverse engineer, distribute, or create derivative works from the Platform or any part thereof, or any content or technology contained therein. You may not send unsolicited messages (e.g. spam) through the Platform, or post or submit information containing viruses , or any computer programs that result or may result in the damage, interference with or interception or expropriation of this Platform, or any related system, software, hardware, data or other information. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Platform web pages or any content contained on or available through this Platform, including without limitation the Content.
You may not use the Platform (i) in an offensive manner towards any individual or person, (ii) for political purposes, (iii) to harm or exploit minors in any way, (iv) to post, submit or transmit unlawful, harmful, tortuous, defamatory, profane, libelous, hateful or otherwise offensive material, (v) in a racially, ethnically or otherwise impermissibly discriminating manner, (vi) to post or reference obscene, pornographic, indecent or illegal materials, (vii) to discuss, incite, or otherwise solicit illegal activity, or (viii) in manner that infringes upon the rights of any individual or other person, including but not limited to intellectual property, publicity or privacy rights.
CareNow may, but has no obligation to access and review all information and data provided by your for compliance with the terms of this Agreement or otherwise as set for the applicable Notice of Privacy Practices.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR OWN RISK. NEITHER CareNow, THE PROVIDER NOR THEIR RESPECTIVE AFFILIATES, VENDORS, OR SUPPLIERS ARE RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOU COMPUTER, COMPUTER SOFTWARE, OR ANY LOSS OF DATA THAT MAY RESULT FROM USE OF THE PLATFORM.
IN NO EVENT WILL CareNow, THE PROVIDER, OR ANY OF THEIR RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, INDIRECT, PUNITIVE SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OFOR IN ANY WAY RELATED TO (I) THE PLATFORM, (II) THE USE OR PERFORMANCE OF THIS PLATFORM OR ANY LINKED WEBSITE OR ANY CONTENT OR OTHER MATERIAL OR INFORMATION OBTAINED THROUGH THIS PLATFORM, OR (III) OTHERWISE ARISING OUT OF THE PLATFORM SERVICES OR THE USE OR THE INABILITY TO USE THIS PLATEFORM, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERISE, EVEN IF CareNow, THE PROVIDER, OR ANY OF THEIR RESPECTIVE VENDORS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE OTHERWISE FORSEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE THE PLATFORM. NOTIWTHSTANDING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF CareNow, THE PROVIDERS AND THEIR AFFILIATES AND VENDORS FOR ANY REASON EXCEED ONE HUNDRED D NO/100 US DOLLARS ($100.00), REGARDLESS OF WHETHER THE FOREGOING REMEDIES SHOULD FAIL OF THEIR ESSENTIAL PURPOSE.
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH LIMITAITION IS PROHIBITED BY APPLICALBE LAW. ALL SERVICES ARE PROVIDED BY THE PROVIDERS PURSUANT TO PROVIDER POLICIES AND CareNow HAS NO RESPONSIBILITY OR LIABILITY FOR THE PERFORMANCE OF THOSE SERVICES BY THE PROVIDERS.
THE PLATFORM IS PROVIDED ON AS “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. CareNow, THE PROVIDER, AND THEIR RESPECTIVE VENDORS AND AFFILIATES DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE PLATFORM, INCLUDING WIHTOUT LIMITAITON ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUROSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN A TRADE. NEITHER CareNow, NOR THE PROVIDERS, OR THEIR RESPECTIVE VENDORS AND AFFILIATES MAKE ANY WARRANTY YOR REPRESENTATION REGARDING (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, (B) ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM THE PLATFORM OR (C) THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE PLATFORM. Neither CareNow nor the Providers, or their respective vendors or affiliates have any responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication.
CareNow provides the Platform to you through the Internet, which is subject to outages, communication and date flow failures, interruptions and delays inherent in Internet communications. You recognize that problems with the Internet, including equipment, software and network failures, impairments or congestion or configuration of your computer systems, may prevent, interrupt or delay your access to the Platform. Neither CareNow nor the Providers, or their respective vendors or affiliates are liable for any delays, interruptions, suspensions or unavailability of the Platform, or any portion of the Platform, attributable to problems with the Internet or configuration of your computer systems. There is no warranty or guarantee that access or use of the Platform or access to Services will be uninterrupted or error-free.
No advice or information, whether oral or written, obtained by you from CareNow, the Providers or their respective affiliates or vendors in any manner will create any warranty.
By clicking “I Agree” below you represent and warrant that (i) you are at least 18 years of age, (ii) you have the legal ability and authority to enter into this Agreement with CareNow, (iii) the information you have provided to CareNow in your registration application is accurate and complete (iv) you will comply with any and all laws applicable to your use of the Platform, (v) you will not interfere with a third party’s use and enjoyment of the Platform, and (vi) you will not interfere with or disrupt CareNow’s, the Providers’ or their vendor’s security measures. If any information you provide to CareNow becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify CareNow.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CareNow, THE PROVIDERS AND THEIR RESPECTIVE VENDORS, AFFILIATES, AND THEIR OFFIVERS, MEMBERS, REPRESENTITIVES, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, SUPPLIERS AND AGENTS FROM ANY AND ALL LOSSES, EXPENSES, THIRD PARTY CLAIMS, LIABILITIES, DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES).
ARISING FROM ANY PLATFORM ACTIVITY INVOLVING YOUR USER ID, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATON OF ANY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATE SECURITY LAW OR REGULATION. NOTWITHSTANDING THE FOREGOING, COMPANY, THE PROVIDERS AND THEIR RESPECTIVE VENDORS RESERVE THE RIGHT TO PARTICIPATE IN THE DEFENCSE OF ANY SUCH CLAIM SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.
This agreement is governed by and interpreted under the laws of the State of Arizona and the federal laws of the United States, without regard to conflicts of laws principles. This agreement and access to the Website will be deemed to have been performed and occurred in the State of Arizona and the courts of that State will have exclusive jurisdiction to entertain any action arising under this Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the courts of the State of Arizona, the County of Pima, and waive any objections as to personal jurisdiction, venue and forum nonconveniens.
In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorney’s fees and costs. Any cause of claim with respect to this Website must be commenced within one (1) year after the action or claim arises.
CareNow may seek injunctive or equitable relieve through a court of competent jurisdiction in the event of any misuse of its intellectual property or any misuse of its Website of systems, without the posting of a bond, proof of damages or other similar requirement.
Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition.
Our electronically or otherwise properly stored copy of this Agreement will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of this Agreement in connection with any action or proceeding arising out of or relating to this Agreement. Any waiver of any portion of this Agreement will be effective only if in writing and signed by CareNow.
If you have any other questions or concerns regarding this Agreement, please contact us 1-855-754-6898.
Effective September 1, 2018