Effective Date: June 07, 2021
Last Updated: August 30, 2023
We are a technology company that delivers services and information through a telehealth platform that provides access to health care providers specializing in primary care, behavioral health services and other virtual care services. Our role is limited to making certain telehealth related information available to you and facilitating your access to telehealth services.
Our Platform is intended to be used only by authorized users in the United States. Authorized users are natural persons who have been specifically identified for onboarding and use of our Platform by a CLEVER business partner or customer. If you do not qualify as an authorized user, then you must not access or use our Platform.
Prior to accessing our Platform you will be required to verify your eligibility for the Platform. Once your eligibility is confirmed you will be required to create your own individual code and unique username and password(collectively, an “Account”). You are responsible for your Account and for maintaining the confidentiality of your Account and your Account credentials (e.g., your individual code, username and password). We will not be responsible for any loss of damage caused by you or someone else using your Account. You must notify us immediately of any unauthorized use of your Account or any other concern about your Account security.
To be eligible to use our Platform you represent and warrant that:
You are prohibited from doing any of the following in connection with our Platform:
This is a private Platform. Unauthorized use of our private Platform may violate the Computer Fraud and Abuse Act.
You shall provide and maintain all software, hardware, Internet connection and other equipment and services necessary to access our Platform, and the costs of any such equipment and/or connections or use, including any applicable taxes, shall be borne solely by you.
The security of your personal information is important to us. We take reasonable steps to keep your personal information secure, but we need your help. It is your responsibility to protect your personal information, your Account and other information by using strong passwords, exiting our Platform when you are not using it, keeping secret your Account credentials (including without limitation, individual code, username and password) and other information related to your Account, and taking other reasonable steps to protect your privacy. You should use particular caution when accessing our Platform from a public or shared computer so that others are not able to view or record your Account credentials or other personal information.
You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security that you become aware of involving and relating to our Platform by contacting us at firstname.lastname@example.org.
When you use our Platform, or send e-mails, messages, and other communications from your computer or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically to the contact information you provide to us, including without limitation any email addresses, physical addresses or phone numbers provided to us. For example, if you provide your mobile number to us, you agree to be contacted via phone call or text message by (or on behalf of) us at the mobile number you have provided. You can stop receiving SMS communications from us at any time by texting “STOP” to the number from which you receive the SMS communication. After this, you will no longer receive SMS communications from us. You agree that if you request to opt out from future SMS communications, we may send you a one-time opt-out confirmation SMS text message.
Please note that emails from your personal account and text messages through your device’s Short Message Service (“SMS”) (or other text messaging applications) and notifications may not be secure (not encrypted). There is a risk that an unauthorized person may get access to and read these communications. You accept all risks associated with unsecure communications and will not hold us or our licensors, affiliates, business partners and customers responsible or liable if others get access to these communications.
By giving us your phone number and email address, you further agree to receive text messages, calls and emails from us and our licensors, affiliates, business partners and customers that may include information about your use of our Platform and the services we are providing to you, your health information.
You also 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 inwriting.
From time to time, our Platform may contain references or links to third-party materials and sites not controlled by us, such as third-party publications (collectively, “Third-Party Content”). Any views expressed by third parties on our Platform are solely the views of such third party. We provide such information and links as a convenience to you, and does not endorse such sites or any content, products or information offered on such sites. Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply our endorsement or recommendation of such.
AS PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANYTHIRD-PARTY CONTENT (IN WHOLE OR IN PART).
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR NEED IMMEDIATE MEDICAL ASSISTANCE, YOU SHOULD DIAL “911” OR CONTACT YOUR NEAREST EMERGENCY MEDICAL PROVIDER.
WE DO NOT ENGAGE IN THE PRACTICE OF MEDICINE OR PROVIDE ANY OTHER HEALTH CARE SERVICES. WE ARE NOT A CLINICAL PROVIDER OF MEDICAL, BEHAVIORAL OR EMERGENCY SERVICES. WE ARE NOT AUTHORIZED OR QUALIFIED TO ENGAGE IN ANY ACTIVITY THAT MAY BE CONSTRUED OR DEEMED TO CONSTITUTE THE PRACTICE OF MEDICINE. WE DO NOT AND CANNOT CONTROL A PROVIDER’S BUSINESS OR HANDLING OF ITS MEDICAL PRACTICES. AS A RESULT, WE DO NOT AND CANNOT WARRANT OR REPRESENT THAT USE OF THE SERVICE WILL COMPLY WITH ALL LAWS APPLICABLE TO THE HEALTH CARE PROVIDER.
We are independent from the health care providers who will be providing such telehealth services to you through our Platform and we are not responsible for such health care providers’ acts, omissions or for any content of the communications made by them. We are not responsible for the credentialing of any health care providers you may connect with through our Platform. We are not responsible for and do not verify any health care provider’s participation with a health plan, their licensure, education, skills, knowledge, training, ability to practice, or the scope of professional services the health care provider is authorized to provide. We do not recommend or endorse any specific healthcare providers. We do not make any representations or warranties about the training or skill of any health care providers who provide services via our Platform. We also do not endorse any specific tests, medications, products or procedures that are recommended by the health care providers. You will be provided with a list of available providers located in the U. S. based solely on the information you and your employer sponsored health plan provides to us. You acknowledge that your reliance on any health care providers or information provided by the health care providers via our Platform is solely at your own risk and you assume full responsibility for all risk associated herewith. You are ultimately responsible for choosing your health care provider and for accepting any recommended course of treatment or medications.
DISCLAIMERS OF WARRANTY: WE DO NOT GUARANTEE THE AVAILABILITY OF OUR PLATFORM AND DO NOT GUARANTEE THAT INFORMATION ON OUR PLATFORM WILL BE ACCURATE, COMPLETE, TIMELY (REAL TIME), ERROR-FREE, SECURE, OR WITHOUT INTERRUPTIONS. YOU UNDERSTAND AND AGREE THAT OUR PLATFORM, ANY SERVICES PROVIDED THROUGH OUR PLATFORM, AND ALL THE MATERIALS ACCESSIBLE ON OUR PLATFORM (INCLUDING WITHOUT LIMITATION THIRD-PARTY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO OUR PLATFORM, ANY SERVICES PROVIDED THROUGH OUR PLATFORM, OR THE MATERIALS ACCESSIBLE ON OUR PLATFORM (INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CONTENT), AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIMALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, OUR WARRANTIES AND CONDITIONS WITH RESPECT TO OUR PLATFORM, SERVICES AND MATERIALS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
WE DISCLAIM RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH OUR PLATFORM, INCLUDING WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE PROPERTIES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH OUR PLATFORM IS TO STOP USING OUR PLATFORM OR SERVICE. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS PLATFORM OR THE MATERIALS ON THIS PLATFORM. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. YOU FURTHER AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE USE OF OUR PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR SUCH ACTION WILL BE PERMANENTLY BARRED.
YOU ALSO UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY’S ACTS OR FAILURE TO ACT.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LIABILITY, CAUSES OF ACTION OR CLAIMS. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR EXCLUSIONS OR LIMITATIONS ON CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE EXCLUSION OR LIMITATION OF A PARTY'S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY'S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY'S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Platform or otherwise relating to CLEVER (“Feedback”) to us. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and we shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information or protected health information and you are not entitled to any compensation or reimbursement of any kind from us under any circumstances relating to such Feedback.
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If you have questions, please contact us at: email@example.com
We do not guarantee that we will receive such communications timely and accurately and are not legally obligated to read, act on, or respond to any such email or other information in a specified time frame.