These Terms apply to the services (the “Services”) DrHouse provides through its website located at https://drhouse.com, the DrHouse application and all other related websites, mobile sites, applications, online portals, platforms and tools (collectively, the “DrHouse Platform“). You and other individuals or entities using the DrHouse Platform are collectively referred to as “Users.” The DrHouse Platform is intended to facilitate the provision of certain health care and related services to Users by third-party providers contracted by or partnering with DrHouse (the “Providers”), including pharmacies (the “Pharmacies”). The Services may include (i) access to Providers via virtual or in-person visits and providing individuals with access to health care and pharmacy services; (ii) providing individuals with information on health care and wellness; (iii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (iv) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (v) telecommunications support for using the health care and/or pharmacy services as a means of direct access to health care providers provided by DrHouse for communication, consultations, assessments, and treatment by such health care organizations and their providers.
The DrHouse Platform does not provide medical care to the Users. Rather, the DrHouse Platform serves as a platform with the help of which Users can obtain medical services – virtually or in person – from health care providers employed by, or contracted or partnered with DrHouse. Nothing in these Terms should be construed to indicate that the DrHouse Platform is a health care provider or that the DrHouse Platform provides medical services or medical advice. The inclusion of any health care provider on the DrHouse Platform shall not be considered as an endorsement of such Provider by DrHouse and shall not in any way mean that DrHouse has conducted any due diligence or other investigation regarding the health care provider.
AMONG OTHER ACTIVITIES, DRHOUSE’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH HEALTH CARE PROVIDERS AND PHARMACIES. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN OR PHARMACIST. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
DrHouse is not an insurer. The Services are not insurance products, and the amounts you pay to DrHouse are not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance form an insurance provider. DrHouse does not provide health insurance plans, and a purchase of a DrHouse Membership Plan does not meet any individual health mandate that may be required by federal or state law. The fees described on the DrHouse Platform cover only the rendering of the limited medical care by the Providers only to the extent described on the DrHouse Platform, and will not cover, for example, the cost of medical devices, specialty medical care, or any other referral made by the Provider to another third party.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR OTHERWISE USING THE DRHOUSE PLATFORM, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. Any person or entity who interacts with the DrHouse Platform, whether through automated means, third-party means or otherwise, is considered a User. Unless you have entered into a separate written agreement with DrHouse regarding the DrHouse Platform, these Terms are the complete and exclusive agreement between you and DrHouse regarding your access to and use of the DrHouse Platform and supersede any oral or written proposal, quote, or other communication between you and DrHouse regarding your access to and use of the DrHouse Platform.
IF YOU DO NOT AGREE TO THESE TERMS, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS YOU MUST NOT ACCESS OR USE THE DRHOUSE PLATFORM.
These Terms are entered into as of the date you first access or use the DrHouse Platform and will continue until terminated as set forth herein.
We reserve the right, at any time, to modify the DrHouse Platform, as well as these Terms, whether by making those modifications available through the DrHouse Platform or by providing notice to you as specified in these Terms. Any modifications will be effective 24 hours following posting through the DrHouse Platform or delivery of such other notice. You must cease using the DrHouse Platform or terminate these Terms at any time if you do not agree to any modification. However, you will be deemed to have agreed to any and all modifications through your continued use of the DrHouse Platform following such notice. Any modifications to the DrHouse Platform, including all updates, upgrades, new versions, and new releases, will be treated as part of the “DrHouse Platform” for purposes of these Terms.
3. Age Eligibility
The DrHouse Platform is intended for use by Users of 18 years of age and older.
Subject to your compliance with these Terms, we will permit you to access and use the DrHouse Platform solely for lawful purposes and only in accordance with these Terms. As a condition of your use of the DrHouse Platform, you represent and warrant to us that you will not use the DrHouse Platform for any purpose that is unlawful or prohibited by these Terms. Whether on behalf of yourself or on behalf of any third party, you will not:
a) Make any commercial use of the DrHouse Platform other than in furtherance of any transactions that you make through the DrHouse Platform;
b) Download, copy or transmit any content for the benefit of any third party;
c) Misrepresent your identity, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the DrHouse Platform, or express or imply that we endorse any statement that you make;
d) Conduct fraudulent activities through the DrHouse Platform; and
e) Use the DrHouse Platform to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity.
Before using the DrHouse Platform, you will be required to establish an account (an “Account”). Approval of your request to establish an Account will be at our sole discretion. Each Account is associated with a unique telephone number. In order to access your Account, the DrHouse Platform will cause a unique code to be sent via text message to the telephone number associated with your Account, which code will allow you access to the DrHouse Platform. You will not distribute or transfer your Account, the telephone number associated with your Account, or the codes texted to such telephone number or provide a third party with the right to access your Account. You are solely responsible for all use of the DrHouse Platform through your Account. You will ensure the security and confidentiality of the information associated with your Account and will notify us immediately if any such information is lost, stolen or otherwise compromised. Any activities completed through your Account will be deemed to have been done by you. You may not select or use an Account of another User with the intent to impersonate that User.
6. Relationship with DrHouse
6.1. Medical Services
DrHouse does not provide any medical services, including via the DrHouse Platform and Services. Rather, DrHouse provides Services and a platform for you to access Providers DrHouse partners with to obtain medical services, whether in person or virtually. You may obtain access to additional information through DrHouse Platform, which you may or may not choose to utilize in planning your health care and wellness. Any such health and wellness resources made available through DrHouse Platform are not a substitute for health care services. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the Provider.
6.1.1 Doctor’s Notes
DrHouse partner Providers may issue a HIPAA-compliant work/school excuse/clearance for a condition that the providers can treat. There is no additional fee for such a note/document. In addition, Providers can fill out at their discretion third-party notes/documents. However, the fee to fill out a third-party note/document is $250.
By accepting these Terms, you agree and consent to DrHouse and its affiliates, or Providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any DrHouse affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.
6.3. Sponsor Organizations
For clarity, if an organization, such as your employer (“Sponsor Organization”) is paying for access to the DrHouse Platform on your behalf, and has a separate written agreement with DrHouse that concerns making the DrHouse Platform and the Services available to you, that written agreement, and not these Terms, governs and controls the contractual relationship between DrHouse and the Sponsor Organization, but these Terms govern and control the contractual relationship between DrHouse and you.
7. Protected health information
Certain products available through the DrHouse Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.
a) If a Provider determines a prescription product is appropriate for you and writes a prescription, you will receive information about your options for filling the prescription. Certain prescriptions can be filled through one of the Pharmacies by using the DrHouse Platform (or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service). Prescriptions fulfilled by the Pharmacies do not use child-resistant packaging and prescription products will not be dispensed in child-resistant containers.
b) Some prescriptions are not available through the Pharmacies or must be filled by a local pharmacy of your choice as prompted during your use of the Service, including prescriptions used for many common primary care conditions.
c) If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies contracted by DrHouse, the prescription product is shipped to you by the applicable Pharmacy and the costs associated with the prescription are included in the total charged to you by the Service as indicated in the DrHouse Platform. If you fill a prescription with a pharmacy other than the Pharmacies, the Service will send the prescription to your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product.
8.2. Pharmacy Networks
If you receive a prescription as a result of the Services, you may select one of our partner pharmacies (collectively, the “Pharmacy Network”) to ship your prescription. You give us consent to send and disclose to the Pharmacy Network all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.
8.3. Packaging and Fulfillment Restrictions
If you select to use the Pharmacy Network to fulfil any prescriptions provided by health care providers through the DrHouse Platform, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
9. In-Person and virtual visits
9.1. Access to Services
You may receive virtual or in-person visits through the use of the DrHouse Platform.
9.2. In-Person Visits
DrHouse partners with Providers to offer in-person visits. In some cases, an in-person visit may be necessary for you as requested by your Provider. For example, certain medical conditions may require an in-person procedure, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through a virtual visit. The DrHouse Platform and Services allow you the option to choose an in-person visit. The DrHouse Platform allows you to schedule same-day in-person visits at discounted rates, but only under certain Membership Plans.
9.3. Consent to Virtual Visits
You consent to receive medical care from the Providers using remote, electronic communications, such as interactive chat, audio, and/or video communications, specifically through your use of the DrHouse Platform, where such medical care may include diagnosis, consultation, treatment, and transfer of electronic medical records and medical data (each instance, a “Virtual Visit”). You agree to be treated via a Virtual Visit with a Provider (i.e., not an in-person visit) and understand that there are inherent risks and limitations associated with a Virtual Visit with a physician or other medical provider, including, but not limited to, the risks set forth below in these Terms.
9.4. Your Obligations
You agree to accurately disclose your location prior to participating in a Virtual Visit using the DrHouse Platform. DrHouse and the Providers may refuse provision of any services by way of a Virtual Visit to you if you are located in a state and jurisdiction where they are not permitted to render such services to you via the DrHouse Platform under applicable laws and licensing requirements. You agree not to use the Virtual Visits if you are driving a motor vehicle or for emergency medical needs.
Telehealth services involve the use of electronic communication technologies to enable the transfer of medical/health and other information between you and a Provider who is not in the same location. Telehealth technologies may involve asynchronous communications as well as synchronous communications. Telehealth technologies may also involve the electronic transmission of your medical records, images, personal health information, or other data between you and a Provider. Among other uses, telehealth may be used for diagnosis, treatment, follow-up, and education. The purpose of this section is to inform you about telehealth. By using DrHouse Platform, you are providing your informed consent to the use of telehealth in the delivery of health care provided by the Providers and you acknowledge the potential risks associated with telehealth services, including, but not limited to:
a) Providers consulting with you through DrHouse Platform may not have the benefit of information that would be obtained by examining you in person and observing your physical condition. Information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health-care decision making by the Provider; there is also the risk of technical failures beyond the control of DrHouse or the Provider, which could lead to delays in evaluation or to information lost due to such technical failures;
b) Delays in evaluation or treatment could occur due to failures of electronic equipment;
c) A lack of access to your medical records may result in adverse drug interactions or allergic reactions or judgment errors;
d) Providers utilizing the DrHouse Platform may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination; and
e) Although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail, and there could be a breach of privacy of your health information.
By selecting a Virtual Visit by using the DrHouse Platform, you acknowledge these limitations, understand, and agree to assume the risk of these limitations. Further, you agree that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a Provider acting through the DrHouse Platform may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease, or injury. You acknowledge that it is your duty to inform your Provider of interactions regarding your care that you may have with other health care providers to ensure your Provider has your full clinical background when making treatment decisions. Providers reserve the right to deny treatment if they believe a patient may be better served by an in-person health care provider, or for any other reason according to their professional judgment. You understand that a variety of alternative methods of medical care may be available to you, and that you may decide to stop using the DrHouse Platform and choose one or more of these alternative modes of care at any time. DrHouse encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with Providers.
10. Our Content
10.1. Ownership and Responsibility
All content included with the DrHouse Platform that we provide such as text, graphics, logos, images, software, application updates, and other materials (collectively, “Our Content”) is the owned or licensed property of DrHouse or its suppliers or licensors and is protected by United States and international copyright, trademark, patent, or other proprietary rights (collectively, “IPR”). DrHouse and its suppliers and licensors expressly reserve all IPR in all Our Content. You are solely responsible for verifying the accuracy, completeness, and applicability of all Our Content and for your use of any of Our Content. Except as set forth in these Terms, you are granted no licenses or rights in or to any of Our Content, or any IPR therein or related thereto.
10.2. Viewing Our Content
Subject to your compliance with these Terms, you may view Our Content, solely as presented on the DrHouse Platform, in furtherance of any transactions that you make through the DrHouse Platform and any other permitted uses of the DrHouse Platform. You will not directly or indirectly use any of Our Content for any other purpose. You will not, and will not permit any third party to: (a) alter, modify, copy, reproduce, publish, or create derivative works of any of Our Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of Our Content; or (c) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any of Our Content.
11. Membership; Payment of fees
The DrHouse Platform provides you with the opportunity to review and sign-up for Services on a membership basis (“Membership”) as a member (the “Member”) by selecting one or more membership plans (each, a “Membership Plan”) for the prices and for the specific Services and coverage that you can access on the DrHouse Platform when you sign up and purchase a Membership, or as detailed below in the Membership Plan Registration section of these Terms. Your Membership is non-assignable, non-transferable, and cannot be resold. Your Membership is effective immediately upon your membership payment and enrollment in the Membership Plan and shall continue on either a monthly, quarterly, or annual basis depending on your selection. You also have an option to select a one-time virtual visit, payable on per-visit basis as opposed to a fee for certain period of time. By selecting a Membership Plan and creating and submitting payment for a Membership, you have agreed to these Terms. For more detail, pricing, and a description of the DrHouse Membership Plan options, please see https://www.drhouse.com/membership/.
11.2. Membership Plans and Benefits
As a Member, you are entitled to access the DrHouse Platform and the Services in accordance with your Membership Plan, subject to the fees payable by you to DrHouse (the “Fees”). In addition to the Fees payable for the Membership Plan, DrHouse or Providers may charge you additional Fees for specific products or services based on the coverage of the specific Membership Plan. Fees are subject to change at any time according to the sole discretion of DrHouse. Products and services included in each Membership Plan are listed on the DrHouse Platform, and are subject to change at any time according to the sole discretion of DrHouse. Your Membership Plan does not cover any services not expressly listed as included in your applicable Membership Plan (the “Excluded Services”). You acknowledge that neither DrHouse nor your Provider is responsible for any medical bills incurred for any Excluded Services, even if your Provider has referred you for such services. If your Provider makes an outside referral, you should contact your insurance provider to check your coverage for such referred service.
11.3. Payment of Fees
Once you become a Member, DrHouse will charge you based on the Membership Plan selection. DrHouse will then charge you on a one-time, monthly, quarterly, or annual basis for your Membership until the Membership terminates as set forth herein. DrHouse will also charge Fees for products and services that are not included in the Membership, or are subject to co-pays or other similar additional payments. You authorize us to charge your payment source the applicable Fees in accordance with your chosen Membership Plan and products and services provided. Fees do not include applicable taxes, which are determined according to your billing address. You may also choose to pay for a Membership at different frequencies, if such options are offered by DrHouse from time to time. You may be asked to supply certain information relevant to your payment, including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information (collectively, “Transaction Information”). You represent and warrant that you have the legal right to use any Transaction Information utilized in connection with any payment. By submitting Transaction information to us, you grant to us the right to provide such information to third parties for the purposes of facilitating the completion of payment of Fees.
11.4. Sponsored Organization
If you obtain a Membership through a Sponsored Organization, your payment will be arranged by a third party. In this instance, you may still be responsible for co‑payment or payment for additional services, which are explained in your benefit program or other relationship you have with the Sponsored Organization.
11.5. Cancellation and Refunds
If you wish to cancel your Membership, you may do so at any time as indicated on the DrHouse Platform or by contacting our customer service. The cancellation will go into effect the month following your cancellation notice, or the following quarter, or the year depending on your Membership period. Following cancellation, no further charges will be made to your payment method, and there will be no further obligations by either party, on account of a Membership. If you cancel your Membership, we may restrict re-enrollment in a Membership Plan for a waiting period to be determined by us at our sole discretion. Except to the extent that applicable law explicitly requires a longer notice period, we reserve the right to terminate your Membership at any time without notification, including in the event that we are unable to bill the Membership or charge other Fees to your payment source. Fees paid are generally non-refundable. Credits or refunds for Fees paid will only be provided in the event of payments made for which no products or services were received due to the fault of DrHouse. Members are not entitled to refund for any Fees paid for Memberships after becoming a Member.
11.6 DrHouse free trial
DrHouse Membership Plans may include a free trial. The free trial is subject to 1 free visit regardless of the free trial length. You may cancel your Membership anytime during the free trial period and will not be charged for any services.
11.7 DrHouse quarterly plan
DrHouse reserves the right to limit the quarterly plan usage individually if the customer abuses the Services. The quarterly plan has a soft limit of 6 visits per quarter. DrHouse may enforce the limit individually if the quarterly plan usage is abused by having multiple visits for the same condition if the assessment and the treatment plan are already provided for the client or if the client starts several new visits in a short period of time for different conditions without any rational reason.
11.8. Cancellation of Monthly Membership Plan
Upon cancellation of a Monthly Membership Plan, you will be unable to select another Monthly Membership Plan for six (6) months following the date of initial cancellation. During the six (6) month period after cancellation of a Monthly Membership Plan, you can continue to receive Services from DrHouse, but you must select either the One-Time Virtual Visit, Quarterly, or Annual Membership Plan option.
11.9. Your Financial Responsibility
DrHouse is not enrolled with, and is not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) or any third party payors, including any health insurance companies, for the provision of any health care or mental health services or supplies and, as such, neither you nor DrHouse may receive payment from such programs or insurance companies for the services or products provided to you by DrHouse or Providers. Further, to the extent that any of the Providers or Pharmacies may be enrolled in federal or state healthcare programs, the means through which the services and products are provided or made accessible through the Service may preclude such services and products from being covered benefits under these programs. However, federal or state healthcare programs or third party payors may cover costs arising out of the virtual or in-person visits, such as prescriptions, products, and services that you may obtain based on the recommendations by the Provider. By agreeing to use the Service, you acknowledge and agree that you are explicitly choosing to obtain products and services and you have sole financial responsibility for all services or products provided to you by or through the DrHouse Platform.
12. Third-Party Content and DrHouse Platform
12.1. Third-Party Content
Content may also be provided through the DrHouse Platform by third parties other than DrHouse. Such third parties might post content that is inaccurate, misleading, or deceptive. We neither endorse nor are responsible for any opinion, advice, information, or statements made by third parties. If you rely on third-party content, you assume the risk that it might be inaccurate, misleading, or deceptive. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect our opinions.
12.2. Third-Party Website
We may provide you with the ability to access websites developed, provided, or maintained by third-party service providers through the DrHouse Platform (“Third-Party Website”). Third-Party Websites may integrate with, pull content from, or add content to the DrHouse Platform. In addition to these Terms, your access to and use of any Third-Party Website is also subject to any other agreement you may agree to before being given access to the Third-Party Website (each, a “Third-Party Service Agreement”). The terms of any Third-Party Service Agreement will apply to the applicable Third-Party Website provided under that Third-Party Service Agreement in addition to these Terms but will not apply to any other website you may access.
12.3. Links to Third-Party Websites
The DrHouse Platform may contain links and interactive functionality interacting with the websites of third parties. We are not responsible for, and have no liability for, the functionality, actions, inactions, settings, privacy policies, terms, or content of any such third-party website. Before enabling any sharing functions of the DrHouse Platform to communicate with any such third-party website or otherwise visiting any such third-party website, we strongly recommend that you review and understand the terms and conditions, privacy policies, and settings of each such third-party website. The links and interactive functionality for Third-Party Websites through the DrHouse Platform do not constitute an endorsement by us of such Third-Party Websites. Other websites may link to the DrHouse Platform with or without our authorization, and we may block any links to or from the DrHouse Platform in our sole discretion. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK.
13. Customer Service
To the extent permitted and in accordance with applicable law, we may terminate your access to the DrHouse Platform or your Account at any time if you violate these Terms or for any reason, at our sole discretion. You may terminate these Terms at any time by ceasing to access the DrHouse Platform and by destroying any materials that you have been permitted to download from the DrHouse Platform.
Without limiting our right to terminate these Terms, we may also suspend your access to your Account and the DrHouse Platform, with or without notice to you, upon any actual, threatened, or suspected breach of these Terms or applicable law or upon any other conduct deemed by us to be inappropriate or detrimental to DrHouse, the DrHouse Platform, or any other User or third party.
16. Technology and Marks
The DrHouse Platform, and the databases, software, hardware and other technology used by or on our behalf to operate the DrHouse Platform, and the structure, organization, and underlying data, information and software code thereof (collectively, the “Technology”), may constitute valuable trade secrets of DrHouse. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in these Terms; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; or (9) interfere with the operation or hosting of the Technology. We use reasonable means to protect the security of the DrHouse Platform, but you acknowledge that perfect security on the internet is impossible and that, as a result, information about you may be exposed in the event of a breach. We retain all rights, title, and interest, including, without limitation, all IPR in and to the Technology and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology, and you are not granted any right or license to use the Technology itself, apart from your ability to access and use the DrHouse Platform under these Terms. The DrHouse name, logo and all product and service names associated with the DrHouse Platform are trademarks of DrHouse and its licensors and providers, and you are granted no right or license to use them.
17. Representations and Warranties
You hereby represent and warrant to us that: (a) you have the legal right and authority to enter into these Terms; (b) these Terms form a binding legal obligation on your behalf; (c) you have the legal right and authority to perform your obligations under these Terms and to grant the rights and licenses described in these Terms; and (d) your access to, and use of, the DrHouse Platform and its content, will comply with all applicable laws, rules, regulations, and third-party rights and will not cause us to violate any applicable laws, rules, regulations, or third-party rights.
WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE DRHOUSE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, OR OTHERWISE MEET YOUR REQUIREMENTS. THE DRHOUSE PLATFORM AND ALL CONTENT, ITEMS, TECHNOLOGY, AND OTHER INFORMATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DRHOUSE PLATFORM (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MATERIALS, THE ACCURACY OR COMPLETENESS OF THE MATERIALS, OR THAT COMMUNICATIONS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
You hereby agree to indemnify, defend, and hold harmless us and our officers, directors, members, managers, shareholders, affiliates, employees, agents, contractors, Users, customers, providers, licensees, successors-in-interest, and assigns from any and all claims, suits, demands, actions, losses, liabilities, damages, judgments, settlements, fines, penalties, fees, expenses and costs (including attorneys’ fees and court costs) arising in any manner from: (1) your access to, or use of, the DrHouse Platform or the Services; (2) information you provide to DrHouse, including through the DrHouse Platform; and (3) your breach of any representation, warranty, or other provision of these Terms. We will provide you with notice of any such indemnifiable claim or allegation, and we will have the right to participate in the defense of any such claim at our expense. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
20. Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE DRHOUSE PLATFORM AND THE SERVICES REMAINS WITH YOU. NEITHER DRHOUSE NOR ANY OTHER DRHOUSE REPRESENTATIVE INVOLVED IN CREATING, PRODUCING, MAINTAINING, OR DELIVERING THE DRHOUSE PLATFORM OR THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE DRHOUSE PLATFORM OR THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE DRHOUSE PLATFORM OR THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE DRHOUSE PLATFORM OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DRHOUSE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SERVICES.
FOR THE AVOIDANCE OF DOUBT, IF YOU ARE DISSATISFIED WITH THE HEALTHCARE SERVICES YOU ARE RECEIVING FROM A PROVIDER, YOU MAY HAVE DIFFERENT REMEDIES REGARDING THE PROVISION OF HEALTHCARE SERVICES.
YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. DRHOUSE IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR GUIDANCE AVAILABLE THROUGH THE DRHOUSE PLATFORM OR THE SERVICES.
DRHOUSE IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY YOUR NEGLIGENCE OR MISCONDUCT, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE DRHOUSE PLATFORM OR THE SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DRHOUSE LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
If You provide DrHouse any feedback or suggestions regarding the DrHouse Platform or content (“Feedback”), You hereby assign to DrHouse all rights in the Feedback and agree that DrHouse shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to You. DrHouse will treat any Feedback you provide to DrHouse as non-confidential and non-proprietary. You agree that You will not submit to DrHouse any information or ideas that You consider to be confidential or proprietary.
23.1. Agreement to Arbitrate
Except as otherwise provided in these Terms, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to these Terms, including (a) the formation, validity, binding effect, interpretation, performance, breach, or termination of these Terms; (b) the arbitrability of the issues submitted to arbitration hereunder; and (c) non-contractual claims relating to these Terms (each, a “Dispute”) through discussion between the parties. Except as otherwise provided in these Terms, if any Dispute cannot be resolved through negotiations between the parties within 15 days of notice from one party to the other of the Dispute, either party may submit such Dispute for final settlement through binding arbitration under the rules of the American Arbitration Association then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator, selected as provided in the Rules. The arbitration will be conducted in the English language at a site specified by us in Delaware, United States. The arbitrator will apply the governing law set forth in these Terms to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend these Terms or grant any relief not permitted herein or beyond the relief permitted herein. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues, or accountings presented or plead to the arbitrator. The award of the arbitrator will require the non-prevailing party to pay the substantially prevailing party’s costs, fees and expenses (including reasonable attorneys’ fees). Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
23.2. Exception to Arbitration
You agree that if we reasonably believe that you have, in any manner, violated or threatened to infringe our IPR, then we may seek emergency, preliminary or other appropriate interim relief in the federal or state courts located in Delaware, United States.
23.3. Governing Law and Venue
The interpretation of the rights and obligations of the parties under these Terms, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Delaware, United States without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms, and the parties hereby disclaim the application thereof. Subject to the arbitration provision of these Terms, each party will bring any action or proceeding arising from or relating to these Terms exclusively in a state or federal court in Delaware, and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding.
Unless otherwise specified in these Terms, any notices required or allowed under these Terms will be provided to us by postal mail to the address for DrHouse listed on the DrHouse Platform. We may provide you with any notices required or allowed under these Terms by sending you an email to any email address that you provide to us in connection with your Account, provided that in the case of any notice applicable both to you and other Users, we may instead provide such notice by posting it on the DrHouse Platform. Notices provided to us will be deemed given when we actually receive them. Notice provided to you will be deemed given 24 hours after posting to the DrHouse Platform or sending via e-mail, unless (as to e-mail) we are notified that the e-mail address is invalid.
25. Additional Terms
Unless otherwise expressly set forth herein, these Terms may be amended or modified only by a writing signed by us. All waivers by us under these Terms must be in writing or later acknowledged by us in writing. Any waiver or failure by us to enforce any provision of these Terms on one occasion will not be deemed a waiver by us of any other provision or of such provision on any other occasion. If any provision of these Terms is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. The substantially prevailing party in any lawsuit or proceeding arising from or related to these Terms will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal. Neither these Terms nor any of your rights or obligations hereunder may be assigned or transferred by you (in whole or in part and including by sale, merger, consolidation, or other operation of law) without our prior written approval. Any assignment in violation of the foregoing will be null and void. We may freely assign these Terms. The words “include,” “includes” and “including” means “include,” “includes” or “including,” in each case, “without limitation.” The parties hereto are independent parties, not agents, employees or employers of the other or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. Words and phrases used in these Terms have the definitions given in these Terms or, if not defined herein, have their plain English meaning as commonly interpreted in the United States.
Effective Date: Apr 26, 2022.
Last Updated: Mar 8, 2023.