Terms Of Use | Physicians United

PLEASE READ THE FOLLOWING INFORMATION PRIOR TO USING PHYSICIANSUNITED.CO OR HEALISHEALTH.COM

ANY USE OF PHYSICIANSUNITED.CO OR HEALISHEALTH.COM CONSTITUTES AGREEMENT TO THESE TERMS

PHYSICIANS UNITED, FOR PURPOSES OF THIS AGREEMENT REFERS TO THE WEBSITES PHYSICIANSUNITED.CO AND HEALISHEALTH.COM

Physicians United is a physician telehealth network support company which allows patients to search for physicians licensed in their state who offer the training and experience the patient desires, to schedule appointments, and to pay for the physician’s services. Physicians who may be accessed through Physicians United site will have contracted for certain support services and tools to be provided by Physicians United.

Physicians United provides the following Tools: a website to search for and access physicians and schedule appointment, an electronic health record for the physician to document patient encounters, a telehealth functionality for the purpose of facilitating physician-patient encounters, and a billing functionality for patients to pay for the services provided by the physician.

Patients that use Physicians United agree to the Terms of Use of the Physicians United Tools, outlined below.

Users of Physicians United understand and agree that the following conditions apply:

1. Description and Use of Physicians United Tools

Physicians United and PhysiciansUnited.com are a site and associated Tools (the “Platform”) that can be used to: enable patients and their caregivers to identify and schedule telehealth appointments with physicians licensed in their state who meet their needs; to participate in telehealth encounters with such physicians; and to access and share medical history and encounter information with physicians accessed through the Physicians United Tool. Physicians United functionalities are described more fully at www.Physicians United.com.

Physicians United is not a provider and does not recommend or endorse any specific tests, products, procedures, opinions, or other information or content that may be communicated, transmitted or linked using the Physicians United Tools.

2. Use of Physicians United and Contents

Each physician has contracted with Physicians United for access to telehealth technology, billing services, electronic health record and network participation. Patient and caregivers shall have access to and use of Physicians United and the license may include the recordings of patient interactions on the Physicians United telehealth system. The Patient shall be responsible for the use of and benefit from the use of Physicians United and the recordings consistent with this Terms of Use. No use may be made of any component of Physicians United except as authorized by a patient or permitted by federal or state law.

Patient who agrees to this Terms of Use and Disclaimer specifically agrees that Physicians United is intended as a means to improve communication with the patient’s physicians, and caregivers. Patient specifically agrees that Physicians United is intended to improve the quality of the physician-patient interaction and of the health care services provided. Therefore, Physicians United is intended to be considered a package of tools designed for telehealth encounters.

Any use of Physicians United not expressly permitted by this Terms of Use is a breach of these Terms of Use. All rights not expressly granted herein are reserved to Physicians United, its shareholders, employees, officers, directors, successors, agents, heirs or licensors.

Physicians United trade names, trademarks and service marks are the sole property of Physicians United, Inc. All other trademarks and service marks are the registered or unregistered trademarks and service marks of their respective owners. Use of any Physicians United, Inc., or third-party trademark, trade name, service mark, or other logo or mark is prohibited, unless expressly authorized in writing in advance by its owner.

Physicians United Terms of Use and Disclaimer is subject to change or termination without notice in the sole discretion of Physicians United.

3. Patient Responsibilities

Each Patient expressly assumes responsibility for the use of Physicians United Platform. Each Patient is responsible for obtaining and maintaining the equipment and services necessary to access and use the Physicians United Platform, including but not limited to any computer hardware, software, telephone landline, smart phone, mobile access, wireless provider, Internet connection, Internet Service Provider, SMS capability, data access and transmission capability, network access and coverage, etc. Patient is solely responsible for all costs related to the equipment and services necessary or desirable for the access to and use of Physicians United Platform. PHYSICIANS UNITED IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY COSTS RELATED TO THE EQUIPMENT AND SERVICES NECESSARY OR DESIRABLE FOR THE ACCESS TO AND USE OF THE PHYSICIANS UNITED SITE OR TOOLS.

Patients shall be 18 years of age or represented by a parent or guardian.

Each Patient is responsible for maintaining the confidentiality of its user identification and password or other access codes. As part of this Agreement, Patient also must contact Physicians United immediately in the event that Patient may have reason to believe there has been any unauthorized access or use of Patient’s account.

Patient is solely responsible for maintaining the privacy and security of any individually identifiable health information accessed, stored, used, or transmitted to the Physicians United Site, and for compliance with any and all federal and state laws applicable to the privacy, security and confidentiality of health information.

UNDER NO CIRCUMSTANCES WHATSOEVER SHALL PHYSICIANS UNITED BE RESPONSIBLE FOR OR LIABLE FOR THE USE OR MISUSE OF PHYSICIANS UNITED SITE OR TOOLS, INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION ACCESSED, STORED, USED OR TRANSMITTED USING PHYSICIANS UNITED, OR FOR COMPLIANCE WITH APPLICABLE LAWS AND ETHICS BY USERS OF PHYSICIANS UNITED.

Moreover, consistent with any and all applicable laws, the files, data, text or other information supplied by Patient shall not contain any material or information that is obscene, pornographic, defamatory, libelous, or slanderous, or which violates any laws of the United States or any State, the rights of any person or entity, including without limitation, rights of publicity, privacy or personality, or which infringes on any third party rights, including intellectual property rights.

4. Disclaimer of Warranties and Limitations of Liability

THE SOLE RISK OF USING PHYSICIANS UNITED WEBSITE IS ASSUMED BY THE PATIENT AND SHALL NOT BE ASSUMED BY PHYSICIAN’S UNITED, OR ITS EMPLOYEES, DIRECTORS, OFFICERS, CONTRACTORS, AGENTS, SUCCESSORS, HEIRS OR ASSIGNS.

PHYSICIANS UNITED IS NOT A LICENSED HEALTH CARE PROVIDER AND CANNOT AND DOES NOT PROVIDE MEDICAL ADVICE OF ANY KIND. LICENSED PROVIDERS WHO USE PHYSICIANS UNITED MUST DO SO IN THE CONTEXT OF THEIR MEDICAL EDUCATION AND TRAINING.

PHYSICIANS UNITED PLATFORM IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, PHYSICIANS UNITED MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:

THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF INFORMATION PROVIDED BY A PHYSICIAN ON OR THROUGH THE PHYSICIANS UNITED SITE OR REFERENCED ON OR THROUGH THE PHYSICIANS UNITED TOOLS.
COMPLIANCE WITH ANY GOVERNMENT LAWS OR REGULATIONS REQUIRING DISCLOSURE OF INFORMATION WITH RESPECT TO ANY PATIENT OR CONDITION.
ANY MEDICAL OR OTHER TREATMENT, ACTION OR PROTOCOL.
ANY MEDICINE OR MEDICAL DEVICE.
REFERENCE TO ANY PHARMACEUTICALS, SUPPLEMENTS OR OTHER SUBSTANCES, WHETHER INGESTED OR OTHERWISE USED OR APPLIED.
THAT ANY CONTENT OR OTHER INFORMATION TRANSMITTED OR RECEIVED USING THE PHYSICIANS UNITED PLATFORM WILL BE TRANSMITTED OR RECEIVED IN A TIMELY OR COMPLETE MANNER, OR THAT SUCH WEBSITES ORCONTENT OR OTHER INFORMATION WILL REMAIN UNALTERED, UNCORRUPTED AND USABLE AS INTENDED.
THAT THE PHYSICIANS UNITED PLATFORM, CONTENT OR OTHER INFORMATION IS SECURE FROM ANY ATTACK OR ANY INTENTIONAL OR UNINTENTIONAL DAMAGE OR DELETION.
IN NO EVENT SHALL PHYSICIANS UNITED, ITS EMPLOYEES, DIRECTORS, OFFICERS, CONTRACTORS, AGENTS, SUCCESSORS, HEIRS OR ASSIGNS BE LIABLE FOR ANY DAMAGES OR LOSS (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 PHYSICIANS UNITED OR THE TOOLS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PHYSICIANS UNITED, ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUCCESSORS, HEIRS OR ASSIGNS, OR ANY PARTICIPATING PHYSICIAN ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PHYSICIANS UNITED, EMPLOYEES, DIRECTORS, OFFICERS, CONTRACTORS, AGENTS, SUCCESSORS, HEIRS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR BUSINESS INFORMATION AND THE LIKE), WHETHER IN AN ACTION BASED IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PHYSICIANS WHO USE THE PHYSICIANS UNITED SITE OR TOOLS. IN NO EVENT SHALL PHYSICIANS UNITED’S TOTAL LIABILITY TO ANY PARTY UNDER THIS AGREEMENT EXCEED $1.00. THE FOREGOING LIMITATIONS OF LIABILITY REFLECT A DELIBERATE AND BARGAINED FOR ALLOCATION OF RISKS BETWEEN PHYSICIANS UNITED AND THE USER OF PHYSICIANS UNITED.
ANY CLAIMS ARISING IN CONNECTION WITH USE OF PHYSICIANS UNITED SITE OR TOOLS, OR ANY RELATED INFORMATION MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF WHEN THE EVENT GIVING RISE TO SUCH ACTION OCCURRED, IN THE COURTS OF NEW CASTLE COUNTY DELAWARE UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT RESPECT TO ITS CHOICE OF LAW PROVISIONS.
REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

5. Retention of Content

Physicians United shall retain each recorded event for seven (7) years following the date of such recording and shall engage in planned destruction of such recordings thereafter unless other arrangement are agreed to by PHYSICIANS UNITED, the patient and/or physician, provider or caregiver. Death of a patient shall not alter this timeline, unless destruction is directly requested by the estate of the deceased supported with a legal opinion acceptable to Physicians United that such destruction is lawful.

Access to Physicians United shall be coterminous with the subscription for the use of Physicians United and shall not, in any case, exceed twelve calendar months without renewal.