Terms And Conditions

LEGAL

TERMS AND CONDITIONS

GLOBALHEALTH TERMS AND CONDITIONS

IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 911 IMMEDIATELY FOR ASSISTANCE.

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS USE AGREEMENT BEFORE CLICKING THAT YOU AGREE. CLICKING “I AGREE” INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS USE AGREEMENT, PROMPTLY CLOSE THIS PAGE AND DO NOT PROCEED WITH USE OF OR SUBSCRIPTION TO THE GLOBALHEALTH SERVICE. NOTWITHSTANDING THE FOREGOING, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS USE AGREEMENT WHEN YOU DO ANY OF THE FOLLOWING: (1) ACCEPT THE TERMS AND CONDITIONS OF THE USE AGREEMENT THROUGH ANY PRINTED, ORAL, OR ELECTRONIC STATEMENT, INCLUDING ON THE WEB BY ELECTRONICALLY MARKING THAT YOU HAVE REVIEWED AND ACCEPTED; (2) ATTEMPT TO OR IN ANY WAY USE OR SUBSCRIBE TO THE GLOBALHEALTH SERVICE; (3) PAY FOR THE GLOBALHEALTH SERVICE OR A SUBSCRIPTION TO THE GLOBALHEALTH SERVICE (WHETHER YOU PAY DIRECTLY OR SOMEONE ELSE PAYS ON YOUR BEHALF); OR (4) OPEN ANY PACKAGE OR START ANY PROGRAM THAT SAYS YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS USE AGREEMENT BY DOING SO. IF YOU DON’T WANT TO ACCEPT THE TERMS AND CONDITIONS OF THIS USE AGREEMENT, DON’T DO ANY OF THESE THINGS.

WELCOME TO THE GLOBALHEALTH IQ, LLC. (“GLOBALHEALTH”) WEB SITE (THE “SITE”).

GLOBALHEALTH provides online health-related services by arranging for smartphone (video-telephone) medical consultations and secure web-based consultations with a licensed physician, arranging for electronic medical record storage by the physician, providing certain on-line health-related information, arranging for a prescription service by the physician and offering certain other related products, services, which may include health & wellness newsletters, tracking the data from remote monitoring devices of  such chronic conditions as diabetes or hypertension (collectively, the “Services”). As used in these Terms and Conditions, references to “GLOBALHEALTH” means and includes GLOBALHEALTH, its parent, subsidiaries, associates, affiliated entities, and its licensors. As used in these Terms and Conditions “you” or “your” means you, your dependent(s), if any, and any other person accessing your GLOBALHEALTH account. These Terms and Conditions apply to your use of the Site and, to the extent referenced, to your registration for, subscription to, and use of GLOBALHEALTH Services.  GLOBALHEALTH SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE BY GLOBALHEALTH.  HOWEVER, SERVICES INCLUDE GLOBALHEALTH FACILITATING BY A USER, OR MEMBER, TO ACCESS LICENSED PHYSICIANS THAT AGREE TO CONSULT WITH PATIENTS.  ACCCESS TO THESE HEALTHCARE PROVIDERS IS THROUGH AFFILIATES OF GLOBALHEALTH, THAT PROVIDE COMMNICATIONS ACCESS TO PHYSICIANS, LICENSED IN THE STATE WHERE YOU, THE USER, ARE PHYSICALLY LOCATED, AT THE TIME OF THE CONSULTATION.  GLOBALHEALTH ARRANGES FOR, AND FACILITATES,THE PROVISION OF MEDICAL CARE; HOWEVER, GLOBALHEALTH DOES NOT PROVIDE MEDICAL CARE.

TERMS OF USE

The terms of use of the GLOBALHEALTH Service as well as any subscription or other service agreement with GLOBALHEALTH automatically includes but is not limited to the most recent updated terms and conditions of this Use Agreement regardless of when you first used or subscribed to the GLOBALHEALTH Service. GLOBALHEALTH has the right to change the terms and conditions of this Use Agreement at any time without notice to you. You may always view the most recent updated terms and conditions at www.globalhealth-iq.com/terms-and-conditions . Carefully read all parts of this Use Agreement including the MANDATORY ARBITRATION provision and CLASS ACTION WAIVER provision below.

You acknowledge and understand that (1) you are using or subscribing to the GLOBALHEALTH Service to facilitate the delivery of health care services (including, as applicable, mental or behavioral health services) from providers or clinicians who have agreed to provide services through the GLOBALHEALTH Service (the “Providers”), and that such services are provided at the sole discretion and medical judgment of the Providers; (2) accessing the GLOBALHEALTH Service from a state other than the Service Line you have requested or subscribed to is prohibited and you confirm that you are physically located in the state in which you are requesting the GLOBALHEALTH Service; (3) the GLOBALHEALTH Service may not be reimbursable by Medicare, Medicaid, Tricare, or any other government health care program and you agree not to use the GLOBALHEALTH Service for any services that are or might be reimbursable by such programs; (4) the GLOBALHEALTH Service may not be reimbursable by commercial insurers, managed care organizations, preferred provider organizations, or other payors and you will not seek reimbursement from any such payors for the cost of use of the GLOBALHEALTH Service where prohibited or otherwise not permitted by the payors; (5) you are at least 18 years of age or you are accompanied by a parent or guardian who can give informed consent on your behalf if you are under the age of 18 at the time of the consultation; and (6) if you are seeking services on behalf of a child, dependent, or other person for whose medical care you are responsible, your approval of the terms and conditions of this Use Agreement will bind such other person to these terms and conditions.

PRIVACY AND SECURITY; DISCLOSURE

GLOBALHEALTH’s Notice of Privacy Practices describing how medical information about you may be used and disclosed and how you can get access to this information may be viewed at http://uqn.emu.mybluehost.me/globalhealthiq/privacy-policy . GLOBALHEALTH reserves the right to modify its Notice of Privacy Practices in its reasonable discretion from time to time. The Notice of Privacy Practices and any other GLOBALHEALTH privacy policies, including any amendments thereto, are incorporated into this Use Agreement in their entirety. Notwithstanding, you acknowledge and agree that information may be released without your consent in cases of medical emergency, abuse, neglect, court order, insurance billing claims requirements, adult and program evaluation, and where otherwise legally required.

If you become a customer of the GLOBALHEALTH Service, you agree that GLOBALHEALTH can disclose the fact that you are a customer of the GLOBALHEALTH Service. GLOBALHEALTH may also use your personal information to contact you with newsletters, marketing, or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any communication we send.

Because the GLOBALHEALTH Service is a hosted, online application, GLOBALHEALTH occasionally may need to notify all users of the GLOBALHEALTH Service (whether or not they have opted out of email communications) of important announcements regarding the operation of the GLOBALHEALTH Service. Additionally, you acknowledge and agree that GLOBALHEALTH may share your personal health information on a limited basis with developers and related information technology personnel authorized by GLOBALHEALTH to monitor the performance of, or to improve, the GLOBALHEALTH Service including, but not limited to, GLOBALHEALTH’s mobile application. If you do not wish for your personal health information to be shared for this limited purpose, please immediately notify GLOBALHEALTH in writing at the following email address: http://uqn.emu.mybluehost.me/globalhealthiq/privacy-policy, Attn: HIPAA Compliance Officer.

If you have any questions about GLOBALHEALTH’s Notice of Privacy Practices, or would like to file a written complaint with GLOBALHEALTH, please see the contact information for the GLOBALHEALTH HIPAA Compliance Officer by referring to the full version of the GLOBALHEALTH Notice of Privacy Practices at http://uqn.emu.mybluehost.me/globalhealthiq/privacy-policy.

COOKIES POLICY

When you use or access the GLOBALHEALTH Service, GLOBALHEALTH may place cookies in your web browser. Cookies are small pieces of text sent by your web browser by a website you visit. Cookies can be “persistent” or “session” cookies. GLOBALHEALTH uses both types of cookies for purposes such as: to enable certain functions of the GLOBALHEALTH Service; to provide analytics; to store your preferences; and to enable the delivery of advertisements. GLOBALHEALTH may also use essential cookies to authenticate users and prevent fraudulent use of user accounts.

In addition to GLOBALHEALTH’s own cookies, GLOBALHEALTH may use third-party cookies to help in reporting usage statistics of the GLOBALHEALTH Service, deliver advertisements to you on and through the GLOBALHEALTH Service, and so on. If you would like to delete cookies or instruct your web browser to delete or refuse cookies, visit the help page of your web browser where you can take the steps necessary to do so. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you might not be able to store your preferences, and some of our pages might not display properly.

INTELLECTUAL PROPERTY

GLOBALHEALTH hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the Site and to use the GLOBALHEALTH software to the extent necessary to use GLOBALHEALTH Services solely for your personal use. With the exception of your Electronic Medical Records, GLOBALHEALTH retains all right, title and interest in, and to GLOBALHEALTH, the Services and any Information, products, documentation, software or other materials on the Site.   GLOBALHEALTH retains all right, title and interest in, any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the Site licensed by GLOBALHEALTH, and in that case, the license provider retains all right, title and interest therein. The information available through the Site and the Services is the property of GLOBALHEALTH, or if licensed by GLOBALHEALTH, the license provider.  By accepting these terms and conditions, You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate such information to anyone.  Use, reproduction, copying, or redistribution of GLOBALHEALTH’s trademarks, service marks and logos is strictly prohibited without the prior written permission of GLOBALHEALTH. The immediately foregoing also applies to any third party trademarks, service marks and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by GLOBALHEALTH or the third party owner of such trademarks, service marks and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.

NOTICES AND HOW TO CONTACT US

GLOBALHEALTH may provide notice to you via the e-mail address you provided during registration, by a general notice on the Site, or by written communication delivered by first class U. S. Postal Service, or express courier to your address on record in the GLOBALHEALTH account information. You may give notice to GLOBALHEALTH at any time by sending notice by email to notices@globalhealth-iq.com . Specific questions and comments should be directed to the appropriate department via our “Contact Us” page.

ELIGIBILITY TO REGISTER ON THE SITE, SUBSCRIBE TO THE SERVICES AND USE THIS SITE AND/OR THE SERVICES

You represent that you are of legal age and you agree to the terms and conditions set forth in these Terms and Conditions, OR you are at least 13 years of age and have the permission of your parent(s)’ or legal guardian(s)’ permission to access and use this Site, to register on the Site, to enroll for the Services of this site, and/or to use the Services offered via this site. Some Services, including, without limitation, access to an GLOBALHEALTH Doctor’s consultation, are not intended to be used by, and are not directed to, anyone less than 18 years of age.  If you register for, enroll for, purchase and/or use GLOBALHEALTH services, you represent you are at least 18 years of age. You represent that if you are acting on behalf of an entity, you have the authority to bind such entity.

You also represent that you are not a person barred from enrolling for, and/or receiving, Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or GLOBALHEALTH Services is limited to users in the United States.  However, recognizing the global nature of the Internet, it may be possible to access and/or use the Site and/or the Services outside of the United States. In the event of such access and/or use, you agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that GLOBALHEALTH makes no representation or warranty that we, any of the Services, or any information on the Site or transmitted via a Service is lawful in any jurisdiction outside the United States.

To register on the GLOBALHEALTH Site, to subscribe to GLOBALHEALTH Services and to use the GLOBALHEALTH Site and GLOBALHEALTH Services, you agree: (i) to comply with these Terms and Conditions, (ii) acknowledge the Privacy Policy of GLOBALHEALTH as posted on the GLOBALHEALTH website, (iii) to fully, accurately and truthfully complete the registration profile, using valid information that includes, but is not limited to, your name, mailing address, phone number and email address (“Personal Contact Information”, PID), (iv) to fully and accurately complete any and all other items requested or required when you use the Site or the Services, (v) to set your Internet browser to accept “cookies” from the Site, and (vi) that by registering on the Site, subscribing to the Services and/or using the Site or the Services you are agreeing to opt-in to the receipt of communications, such as newsletters and offers, by mail or email from GLOBALHEALTH. If you do not wish to receive such communications, you may opt-out at any time. See “CAN-SPAM ACT Compliance,” below.

• You consent to: (i) GLOBALHEALTH’s disclosure of your Personal Contact Information with agents and employees of GLOBALHEALTH and for any other reason as described in our Privacy Policy; and (ii) the use of “cookies.”
• In order to determine your compliance with these Terms and Conditions and the Notice of Privacy Practices (the “Privacy Policy”) we reserve the right to monitor your access to and use of the Site and the Services. GLOBALHEALTH may, in its sole discretion, refuse to accept your registration or subscription due to non-compliance with any eligibility or subscription requirement.
• Use of the Site and Services – NOT FOR EMERGENCIES. The GLOBALHEALTH Site and Services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.

LIMITATIONS ON USE

You agree not to: (i) access the Site or use the Services in an unlawful way or for any unlawful purpose, (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content or information (including, without limitation, advice and recommendations) (collectively, “Information”) which (x) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (y) contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damages, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers or Information or facilitate or promote hacking or similar conduct, (iii) impersonates or misrepresents your identity or falsely states or misrepresents your affiliation with a person or entity, (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services, (v) use robots or scripts with the Site, (vi) or attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, Information on or received by this Site, or (vii) to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie settings.

You agree that any Information you provide or use on the Site, and your use of the Site or the Services, will not infringe on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. GLOBALHEALTH may delete any Information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.

YOUR ACCOUNT

You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and to immediately notify GLOBALHEALTH in writing of any unauthorized use of your password or other security concerns of which you become aware.

ELECTRONIC MEDICAL RECORD

GLOBALHEALTH creates an Electronic Medical Record (“Electronic Medical Record”) specifically for you to store and access your personal health information online, including health conditions, allergies and medications, as well as for providing a licensed physician who uses GLOBALHEALTH to facilitate the conduct of a consultation with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your medical record(s). Information provided to a physician as part of a smartphone, or telephony-based medical consultation or secure email or web-based medical consultation becomes part of the GLOBALHEALTH Electronic Medical Record established specifically for you, and is subject to applicable state and federal law. You agree to provide accurate and complete information for your Electronic Medical Record, to periodically review such information, and to update information that you provide as needed, which might include allergies, medical conditions, by example. For additional information regarding use of your Electronic Medical Record, please see the Privacy Policy posted on this website. It is your responsibility to confirm any third party information in your Electronic Medical Record. PLEASE NOTE THAT IT IS SOLELY YOUR PHYSICIAN’S OBLIGATION TO USE AND DISCLOSE THE INFORMATION INCLUDED IN YOUR MEDICAL RECORD IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW, INCLUDING, WITHOUT LIMITATION, OBTAINING ANY CONSENTS OR AUTHORIZATIONS THAT MAY BE REQUIRED FOR YOUR INFORMATION TO BE SHARED WITH OTHER PARTICIPATING PHYSICIANSOR HEALTHCARE INSTITUTIONS.

OPERATION AND RECORD RETENTION

GLOBALHEALTH reserves complete and sole discretion with respect to the operation of the Site and the Services. GLOBALHEALTH may, among other things, withdraw, suspend or discontinue any functionality or feature of the Site or the Services. GLOBALHEALTH is not responsible for transmission errors or corruption or compromise of Information carried over local or interchange telecommunication carriers. GLOBALHEALTH is not responsible for maintaining Information arising from an individual’s use of the Site or in respect of the Services. GLOBALHEALTH reserves the right to maintain, delete or destroy all communications and Information posted or uploaded to the Services pursuant to its internal record retention, archiving, and/or destruction policies.  Notwithstanding the foregoing, GLOBALHEALTH archives all Personal Information, and Electronic Medical Records, associated with usage of GLOBALHEALTH site and GLOBALHEALTH services for Seven(7) years.

FRAUD

GLOBALHEALTH may contact you by telephone, mail or email to verify your Personal Contact Information. GLOBALHEALTH reserves the right to request further information from you and you agree to provide such further information, to ensure you have not fraudulently completed your registration on the Site or subscription to the Services. If you do not provide this information to GLOBALHEALTH and in the manner requested within fourteen (14) days of such request, GLOBALHEALTH may reject your registration and subscription or suspend your registration and subscription until you satisfactorily comply with GLOBALHEALTH’s information request.

CHARGES AND PAYMENT OF FEES

You agree to timely (or immediately, if required) pay GLOBALHEALTH all amounts due and owing pursuant to the plan for the Services to which you subscribe and for all other fees that may be charged in connection with your use of the Services or upon registration. You may be asked to provide a valid credit card number to make a payment or recurring payments. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable; provided, however, you are not obligated to pay any fees or charges for which another party (e.g., your employer or health plan) has contractually agreed with GLOBALHEALTH to pay on your behalf. Payments may be made monthly, quarterly, or annually,  consistent with the Initial Term, or as otherwise mutually agreed upon. All payment obligations are noncancelable and all amounts paid are nonrefundable. All pricing terms are confidential, and you agree not to disclose them to any third party.

You should be aware that GLOBALHEALTH may use a third-party payment processor (the “Payment Processor”) to link GLOBALHEALTH to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the GLOBALHEALTH Service will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit card issuer in addition to Use Agreement. GLOBALHEALTH is not responsible for any errors by the Payment Processor or your credit card issuer.

BILLING AND RENEWAL

GLOBALHEALTH charges and collects in advance for use of the GLOBALHEALTH Service. GLOBALHEALTH will automatically renew and bill your credit card or issue an invoice to you for your current subscription amount where applicable or as otherwise mutually agreed upon; provided, however, you are not obligated to pay any fees or charges for which another party (e.g., your employer or health plan) has contractually agreed with GLOBALHEALTH to pay on your behalf. Fees for other services will be charged on an as-quoted basis. GLOBALHEALTH’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on GLOBALHEALTH’s income.

You agree to provide GLOBALHEALTH with complete and accurate billing and contact information. This information includes your legal name, street address, e-mail address, and telephone number. You agree to update this information immediately upon any change to it. If the contact information you have provided is false or fraudulent, GLOBALHEALTH reserves the right to terminate your access to the GLOBALHEALTH Service in addition to any other legal remedies. Invoices will be billed in United States Dollars (USD) unless requested by you in advance of invoicing.

If you believe your bill is incorrect, you must immediately contact us in writing regarding the amount in question to be eligible to receive an adjustment or credit. You irrevocably waive your right to challenge the accuracy of any bill, or otherwise receive an adjustment or credit to any bill, if you fail to notify GLOBALHEALTH in writing within fifteen (15) calendar days after your receipt of the bill, that you believe the bill is inaccurate (setting forth an explanation of why).

NON-PAYMENT AND SUSPENSION

In addition to any other rights granted to GLOBALHEALTH herein, GLOBALHEALTH reserves the right to suspend or terminate this Use Agreement and your access to the GLOBALHEALTH Service if your account becomes delinquent (falls into arrears) where any invoice is unpaid after the invoice due date whether it is the responsibility of you or a third party to pay the invoice. Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for your subscription during any period of suspension. If you or GLOBALHEALTH initiates termination of this Use Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that GLOBALHEALTH may bill you for such unpaid fees or charges, unless another party (e.g., your employer or health plan) has contractually agreed with GLOBALHEALTH to pay on your behalf. GLOBALHEALTH reserves the right to impose a reconnection fee in the event your account is suspended and thereafter you request access to the GLOBALHEALTH Service.

TERMINATION FOR CAUSE

Any breach of your payment obligations or the payment obligations of another party (e.g., your employer or health plan) who has contractually agreed with GLOBALHEALTH to pay on your behalf, or unauthorized use of the GLOBALHEALTH Service, will be deemed a material breach of this Use Agreement. GLOBALHEALTH, in its sole discretion, may immediately terminate your password, account, or use of the GLOBALHEALTH Service if you breach or otherwise fail to comply with this Use Agreement.

SECURE PURCHASES

Please review the Privacy Policy to see what measures GLOBALHEALTH takes to enhance the security of your payment and purchase experience on the Site.

UPGRADES AND DOWNGRADES

You may upgrade or downgrade the level of the Services to which you are subscribing at any time by following the instructions on the Site. The upgrade or downgrade shall take effect no later than the date of your next full billing cycle; provided that, GLOBALHEALTH is in receipt of a valid credit card number.

If you have initially subscribed to the Services through a third party, such as your employer, you will be able to upgrade (but not downgrade) the level of the Services from the level offered to you through such third party. If you elect to upgrade your subscription to the Services to a higher level than subscribed for by such third party, then you may, and are solely responsible, for doing so on the Site. You shall also be solely responsible for direct payment to GLOBALHEALTH for any difference between the Services for which the third party has subscribed and for the upgraded Services for which you are electing to subscribe. To upgrade, you must provide a valid credit card number to GLOBALHEALTH for the upgrade charges, which may be recurring. Any special group pricing the third party is receiving will be extended to you should you wish to upgrade or retain any additional services for so long as such third party is receiving special group pricing from GLOBALHEALTH.

REFUNDS

GLOBALHEALTH may provide refunds as determined in its sole and absolute discretion.

SUBSCRIPTIONS THROUGH THIRD PARTIES, SUCH AS EMPLOYER

Your Payment Obligation. If your subscription is being paid for by a third party and that third party ceases to, or at any time is no longer obligated to, pay for your subscription or any other of your fees, you may continue your subscription to the Services; provided, that, you consent and arrange with GLOBALHEALTH to pay GLOBALHEALTH directly for the Services, adhering to the terms and conditions thereto. GLOBALHEALTH may terminate your subscription and access to the Services unless or until you make such payment arrangements and commence payments.

PRESCRIPTION PROGRAM

Please note that only if you have accurately and fully completed the Medical History Assessment and a telephone medical consultation, in order to begin establishing a legal physician/patient relationship, may you be eligible to receive medications that have been prescribed and arranged for by a licensed physician utilizing GLOBALHEALTH services to conduct a medical consultation with you—and only if allowed in the state from which your medical consultation is taking place.

Only when you have accurately and fully completed the Medical History Assessment and have had a telephone medical consultation, in compliance with state law governing the establishment of a legal physician/patient relationship, may you be eligible to get a prescription for medications, as determined by the participating physicians in their sole discretion and subject to their professional and legal obligations. Subscribers may be able to request medications during the telephone medical consultation and the consulting physician may prescribe certain medications for common conditions, if conditions warrant, if appropriate and/or legal. Medications can be called into a local pharmacy or delivered from the mail order pharmacy network. NOTE: No controlled medications are available through participating physicians. You agree that any prescriptions that you acquire from a physician shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

CAN-SPAM ACT COMPLIANCE

We are committed to being compliant with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act”), and e-mail newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an e-mail from us which you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at the address listed below under the section “Notices and How to Contact Us.” Type “unsubscribe” in e-mails you receive from GLOBALHEALTH. NOTE: YOU CANNOT OPT-OUT FROM RECEIVING FURTHER COMMUNICATIONS FROM GLOBALHEALTH If you wish to subscribe to our SERVICES. IF YOU OPT-OUT OR UNSUBSCRIBE WHILE SUBSCRIBED TO OUR SERVICES, YOU WILL BECOME INELIGIBLE FOR THE RECEIPT OF AND USE OF OUR SERVICES.

THIRD PARTY WEB SITES

GLOBALHEALTH may provide links to third parties’ Web sites. Further, if you click on a banner advertisement that appears on one of the pages of the Site, you may be transported to a third party’s Web site and away from this Site. These Terms and Conditions and the GLOBALHEALTH Privacy Policy apply to your relationship with GLOBALHEALTH only and do not describe the terms and conditions, privacy policies or other policies of third parties with regard to (but without limitation) the collection, use and disclosure of personally identifiable information and personally identifiable health information. GLOBALHEALTH is not responsible for the terms and conditions, privacy practices, accuracy, copyright compliance, legality, decency or any of the Information, products, services or any transmissions received by or through third parties. If you click on a banner advertisement or a link to a third party’s Web site, you should review the privacy policy of the third party’s web site to determine that third party’s practices with regard to the collection, use and disclosure of personally identifiable information and personally identifiable health information. Any link on the Site to any third party’s Web site does not imply an endorsement of the terms or privacy practices of any third party by GLOBALHEALTH. Third parties are not authorized to make any representation or warranty on GLOBALHEALTH’s behalf. You agree that GLOBALHEALTH has no liability, obligation or duty whatsoever for any third party’s terms and conditions or privacy practices or any third party’s Web sites and your use or misuse of them. If you wish to suspend e-mail or mail communications from third parties, you must contact them directly.

RIGHT TO CHANGE TERMS AND CONDITIONS

GLOBALHEALTH may, at any time and from time to time, in its sole discretion, change these Terms and Conditions. Any changes to these Terms and Conditions will be effective immediately upon posting of the changed Terms and Conditions on the Site. You agree to review these Terms and Conditions periodically, and your use of the Site following any such change constitutes your agreement to follow and be bound by such changed Terms and Conditions.

TERM AND TERMINATION

These Terms and Conditions shall commence upon the date you first access the Site. Either you or GLOBALHEALTH may terminate these Terms and Conditions and your right to use the Services at any time in writing, with or without cause. These Terms and Conditions and the licenses granted hereunder shall terminate without notice in the event you fail to comply with the terms and conditions of these Terms and Conditions, as revised from time to time. Upon any termination, you shall destroy all copies of GLOBALHEALTH Information in your possession and cease any access to or use of the Services. If you terminate these Terms and Conditions and thereafter access the Site, you shall be subject to the Terms and Conditions posted on the Site at that time.

LEGAL NOTICES AND DISCLAIMERS

1. Medical Disclaimers
   GLOBALHEALTH makes no representation or warranty as to the content of any treatment response from any participating, licensed, physician. You and your physician are solely responsible for all information and/or communication sent during a telephone medical consultation, secure email consultation or other communication. GLOBALHEALTH does not guarantee that a telephony-based medical consultation or secure email, or web-based, consultation is the appropriate course of treatment for your particular health care problem. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. GLOBALHEALTH annually verifies the state licensing status for all participating physician providers. NOTE: In order to create a physician/patient relationship THROUGH YOUR USE OF ANY OF THE SERVICES with a PARTICIPATING Physician, you must complete (i) a Medical History Assessment; and  (ii) a “telephone medical consultation WHICH WILL BE SUBMITTED TO THE PARTICIPATING PHYSICIAN.”
2. Content Disclaimers
   You should not use Information found on this Site to replace a relationship with a physician or other healthcare professional and should not rely on the foregoing as professional medical advice. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site.
3. NEITHER THE GLOBALHEALTH WEBSITE NOR GLOBALHEALTH PROVIDE MEDICAL ADVICE. THE PHYSICIANS FACILITATED BY GLOBALHEALTH TO PROVIDE MEDICAL CONSULTATIONS ARE NOT EMPLOYEES OF GLOBALHEALTH AND ARE DIRECTLY RESPONSIBLE FOR THE QUALITY AND APPROPRIATENESS OF THE CARE THEY RENDER DIRECTLY TO YOU. The Information and the Services provided on or through this Site are intended solely as a general educational aid and to assist you in finding a physician that, subject to his or her professional responsibilities, may or may not provide you with medical advice. The Information and Services are not medical or health care advice for any individual problem or a substitute for medical or other professional advice and services from a qualified health care provider assessing your condition in-person. The only way to create a physician/patient relationship with a participating physician is described in these Terms and Conditions.   Your use of this Site does not create a physician-patient relationship. Nothing contained in this Site is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by GLOBALHEALTH. Information contained in this Site is compiled from a variety of sources and may or may not be considered authored by GLOBALHEALTH. GLOBALHEALTH makes no representation or warranty as to any such Information.
4. While GLOBALHEALTH attempts to keep all the information on this site up-to-date, medical treatment and knowledge change quickly.  This site should not be considered error-free or as a comprehensive source of all information on a particular topic. GLOBALHEALTH makes no warranties or representations as to the accuracy of the information on the site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on this site. Your use of the GLOBALHEALTH site is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and the site. You assume the entire risk of loss in using this site and information contained on the Site.
5. Features and specifications of products or services described or depicted on the site are subject to change at any time without notice.
6. Certain of the Information about health conditions on this Site are provided by third parties.  These third parties have not reviewed and do not endorse any information, products, or services other than those clearly marked as being derived from those third parties. You are responsible for reviewing and complying with all terms and conditions, licenses, policies posted on or linked to and from this Site, so as to protect the copyright and licensing terms of those third parties.

 

DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK – FUNCTIONALITY

Disclaimer of Warranties – Functionality of GLOBALHEALTH Service

1.  GLOBALHEALTH, ITS AFFILIATES AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE GLOBALHEALTH SERVICE OR ITS CONTENT.
2.  GLOBALHEALTH, ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT:

THE USE OF OR SUBSCRIPTION TO THE GLOBALHEALTH SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA;

THE GLOBALHEALTH SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

ANY STORED DATA WILL BE ACCURATE OR RELIABLE;

THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE GLOBALHEALTH SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

ERRORS OR DEFECTS WILL BE CORRECTED; OR

THE GLOBALHEALTH SERVICE OR THE SERVER(S) THAT MAKE THE GLOBALHEALTH SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

1.  GLOBALHEALTH DOES NOT AUTHORIZE ANY THIRD PARTY TO MAKE ANY OF THE FOREGOING REPRESENTATIONS OR WARRANTIES ON ITS BEHALF.
2.  THE GLOBALHEALTH SERVICE AND ALL OF ITS CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
3.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLOBALHEALTH, ITS AFFILIATES AND ITS LICENSORS HEREBY DISCLAIM ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Assumption of Risk – Functionality of GLOBALHEALTH Service 

THE USE OF THE GLOBALHEALTH SERVICE OR ANY PORTION OF THE GLOBALHEALTH SERVICE IS STRICTLY AT YOUR SOLE RISK. YOU HEREBY RELEASE GLOBALHEALTH, ITS AFFILIATES AND ITS LICENSORS FROM ALL CLAIMS WHICH MAY RESULT FROM THE USE OF THE GLOBALHEALTH SERVICE OR ANY PORTION OF THE GLOBALHEALTH SERVICE, OR THE NEGLIGENCE OF GLOBALHEALTH, ITS AFFILIATES AND ITS LICENSORS, BUT THIS PROVISION EXPRESSLY DOES NOT INCLUDE ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.

YOU UNDERSTAND THAT BY AGREEING TO THIS CLAUSE, YOU ARE RELEASING CLAIMS AND GIVING UP SUBSTANTIAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN CERTAIN INSTANCES.

DISCLAIMERS – HEALTHCARE SERVICES

The GLOBALHEALTH Service does not provide health care services; the GLOBALHEALTH Service simply provides a system to facilitate communication with the Providers using GLOBALHEALTH’s owned or licensed health information database and software. GLOBALHEALTH verifies the state and national (NPI, DEA) licensing status for all GLOBALHEALTH-contracted Providers; however, it is your obligation to verify the state and national (NPI, DEA) licensing status for all Providers who are not contracted by GLOBALHEALTH. Such Providers may include, but are not limited to, Providers whose services are offered to you as part of a subscription or bundled services package by your employer, health plan, physician, or on the GLOBALHEALTH website or hosted portal.

GLOBALHEALTH SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY PROVIDER PROVIDING MEDICAL CARE OR ADVICE (INCLUDING BUT NOT LIMITED TO PRESCRIBING MEDICATIONS) THROUGH THE GLOBALHEALTH SERVICE.

GLOBALHEALTH FURTHER DISCLAIMS ALL LIABILITY (INCLUDING ANY LIABILITY FOR A REFUND) FOR THE FAILURE OF A NON-CONTRACTED PROVIDER TO RENDER CARE TO YOU OR OTHERWISE FULFILL THE TERMS OF SERVICE OF YOUR SUBSCRIPTION OR BUNDLED SERVICES PACKAGE. A NON-CONTRACTED PROVIDER IS A PROVIDER NOT DIRECTLY CREDENTIALED AND CONTRACTED BY GLOBALHEALTH BUT WHOSE SERVICES MAY BE OFFERED TO YOU AS PART OF A SUBSCRIPTION OR BUNDLED SERVICES PACKAGE BY YOUR EMPLOYER, HEALTH PLAN, PHYSICIAN, OR ON THE GLOBALHEALTH WEBSITE OR HOSTED PORTAL. GLOBALHEALTH IS NOT RESPONSIBLE FOR PROVIDING YOU ADDITIONAL SERVICES PURCHASED VIA A SUBSCRIPTION OR BUNDLED SERVICES PACKAGE.

The GLOBALHEALTH Service is not a replacement for your primary care physician or annual office check-ups, nor is it a replacement for other treating providers. Consultations through the GLOBALHEALTH Service treat the majority of common medical and behavioral health conditions, however a small number of cases require an in-person visit for complete care. With respect to psychotherapy and counseling, you understand that information discussed in any sessions is for therapeutic purposes only and is not intended for use in any legal proceedings involving any other individuals participating in any sessions. You agree not to subpoena any Provider to testify for or against individuals (including you) participating in the sessions or to provide records in court actions against other individuals participating in any sessions. You understand that anything any individual participating in any session tells a Provider individually, whether on the phone or otherwise, may at the Provider’s discretion be shared with any other individual participating in the sessions.

The GLOBALHEALTH Service is not an online pharmacy, nor is it a Medicare prescription drug plan. Providers using the GLOBALHEALTH Service do not, via the GLOBALHEALTH Service, prescribe elective medications, narcotic pain relievers, or drugs listed as controlled substances by the U.S. Drug Enforcement Agency or regulated under state law. Review the DEA Controlled Substances Schedule (http://www.deadiversion.usdoj.gov/schedules/index.html) if you are interested in a particular prescription and are uncertain if it is listed as a controlled substance. GLOBALHEALTH does not guarantee that a specific medication will be prescribed by a Provider if requested, particularly where prescribing of the medication is in violation of GLOBALHEALTH’s Treatment Policies or not medically appropriate, as determined by the Provider in the Provider’s sole discretion.

The GLOBALHEALTH Service does not meet the minimum essential coverage (MEC) requirements imposed by the Patient Protection and Affordable Care Act (PPACA) or any minimum creditable coverage (MCC) requirements imposed by any state laws. The GLOBALHEALTH Service is not a Qualified Health Plan under the PPACA.

The GLOBALHEALTH Service is not insurance and is not intended to replace health insurance; it is a telemedicine service available on a membership basis. The offering of products and services by GLOBALHEALTH is not to be construed as the sale of insurance product(s) or otherwise engaging in the transaction of insurance.

You authorize GLOBALHEALTH to use and publish any comments you choose to share about the GLOBALHEALTH Service, such as comments shared in the GLOBALHEALTH Patient Satisfaction Survey and/or via third-party service providers contracted for such purposes, unless specified otherwise. GLOBALHEALTH will only publish the comments with your first name and the state of requested service.

GLOBALHEALTH does not warrant or validate any information provided by a third party (including, but not limited to, your employer, health plan, or the Providers) even if the information is about the GLOBALHEALTH Service, whether through advertisements, promotions, communications, or other materials, and does not assume any responsibility or liability for the accuracy of such information.

GLOBALHEALTH has the right to refuse access to the GLOBALHEALTH Service to any person, agency, or organization, at any time, for any reason, or for no reason at all.

INTERNET DELAYS

THE GLOBALHEALTH SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GLOBALHEALTH IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

GENERAL DISCLAIMERS

1.  YOU ACKNOWLEDGE THAT YOUR USE OR MISUSE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON OR PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW GLOBALHEALTH AND ITS MEMBERS, SHAREHOLDERS, DIRECTORS, MANAGERS, ENPLOYEES, OFFICERS, OFFICERS, CONTRACTORS, AGENTS, REPRESENTATITIVES, LICENSORS AND SERVICE PROVIDERS (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, GLOBALHEALTH MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED HEREUNDER. WITHOUT LIMITATION OF THE FOREGOING, GLOBALHEALTH SPECIFICALLY disclaims all liability for the ACTS OR OMISSIONS OF ANY PARTICIPATING PHYSICIANS PROVIDING MEDICAL CARE TO SUBSCRIBERS.
2.  You acknowledge and agree that we are not responsible for (i) any printing, typographical or technological errors regardless of the matter, media, material or form thereof, (ii) electronic, human, equipment programming or other error, omission, interruption, defect or delay which may occur regardless of the matter, media, material or form thereof, (iii) incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information regardless of the matter, media, information or form thereof, (iv) technical failures of any kind, (v) inadvertent loss of information; and/or (vi) unauthorized human intervention in any part, material or process or otherwise.
3.  GLOBALHEALTH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION MEDICATIONS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE SERVICES.
4.  GLOBALHEALTH does not endorse the promotions, products or services of any third parties. GLOBALHEALTH does not warrant or validate the Information of any third party’s advertisements, promotions, communications, or other materials. GLOBALHEALTH does not assume any responsibility or liability for the accuracy of Information contained in the Site or as stated above under “Third Party Web Sites.”

LIMITATION ON LIABILITY

1.  NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL GLOBALHEALTH (INCLUDING THE GLOBALHEALTH SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS BE LIABLE:

1. IN ANY WAY FOR YOUR USE OF OR SUBSCRIPTION TO THE GLOBALHEALTH SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN ANY CONTENT, INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR SUBSCRIPTION TO THE GLOBALHEALTH SERVICE; OR
2. FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER, ARISING FROM OR IN CONNECTION WITH THE GLOBALHEALTH SERVICE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE, OR OTHERWISE RESULTING FROM YOUR USE OF THE GLOBALHEALTH SERVICE.

 

1.  YOU HEREBY RELEASE GLOBALHEALTH (INCLUDING THE GLOBALHEALTH SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF ANY AND EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, RESULTING FROM YOUR USE OF OR ACCESS OR SUBSCRIPTION TO THE GLOBALHEALTH SERVICE OR THE NEGLIGENCE OF GLOBALHEALTH (INCLUDING THE GLOBALHEALTH SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS. TO THE EXTENT ALLOWED BY LAW, ANY LIABILITY OF GLOBALHEALTH (INCLUDING THE GLOBALHEALTH SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS FOR ANY CLAIMS YOU MAY HAVE AGAINST THEM IS LIMITED TO THE PROPORTIONATE AMOUNT OF THE VISIT OR SUBSCRIPTION FEES ACTUALLY PAID BY YOU THAT ARE ATTRIBUTABLE TO THE APPLICABLE SERVICE, INCIDENT, OR AFFECTED PERIOD GIVING RISE TO SUCH CLAIM. THIS PROVISION EXPRESSLY DOES NOT INCLUDE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
2.  IN NO EVENT SHALL GLOBALHEALTH BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) ONE MONTH’S (1 MONTH’S) SUBSCRIPTION RATE OF YOUR SUBSCRIPTION PLAN, OR (ii) IN THE EVENT NO SUBSCRIPTION PRICE WAS PAID OR REQUIRED, $1,000. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GLOBALHEALTH BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF THE SERVICES OR LOSS OF INFORMATION, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED OR PROVIDED THROUGH THIS SITE OR BY OTHER MEANS OR ANY INFORMATION OR PRODUCTS CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED OR SERVICES SUBSCRIBED TO ON THIS SITE OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GLOBALHEALTH IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT GLOBALHEALTH’S aggregate liability to YOU for any damages, losses, fees, charges, expenses or liabilities and in circumstances where the FOREGOING LIMITATION is finally determined to be unavailable shall not exceed the SUBSCRIPTION PRICE PAID BY YOU FOR the one (1) month period prior to the time of the first occurrence of the subject damages, losses, fees, charges, expenses or liabilities.

YOU UNDERSTAND THAT BY AGREEING TO THIS CLAUSE, YOU ARE RELEASING CLAIMS AND GIVING UP SUBSTANTIAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN CERTAIN INSTANCES.

LOCAL LAWS AND EXPORT CONTROL

This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the United States. The user of this site (“User”) acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the GLOBALHEALTH Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

GLOBALHEALTH, Its affiliates and its licensors make no representation that the GLOBALHEALTH Service is appropriate or available for use in other locations. If you use the GLOBALHEALTH Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the content of the GLOBALHEALTH Service contrary to United States law is prohibited. None of the content of the GLOBALHEALTH Service, nor any information acquired through the use of the GLOBALHEALTH Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.

NOTICE

Except as this Use Agreement specifically provides otherwise, you must provide GLOBALHEALTH notice by calling or writing GLOBALHEALTH at its registered address. GLOBALHEALTH may provide you notice through one or more of the following: Correspondence through general notice on the GLOBALHEALTH Service, to your last known address, to any fax number or e-mail address you have provided GLOBALHEALTH, by calling you on any phone number you have provided GLOBALHEALTH, by voice message on any phone number you have provided GLOBALHEALTH, or by text message to any phone number you have provided GLOBALHEALTH that accepts text messages.​

CONTACTING YOU REGARDING BILLING AND COLLECTIONS

You expressly authorize, and specifically consent to allowing, GLOBALHEALTH and any of GLOBALHEALTH’s agents to contact you in connection with any and all matters relating to unpaid past due fees or charges you may owe GLOBALHEALTH. You agree that, for attempts to collect unpaid past due fees or charges, GLOBALHEALTH and any of its agents may contact you at any mailing address, telephone number, cellular phone number, email address, or any other electronic address that you have provided, or may in the future provide, to GLOBALHEALTH. You agree and acknowledge that any e-mail address or any other electronic address that you provide to GLOBALHEALTH is your private address and is not accessible to unauthorized third parties. For attempts to collect unpaid fees or charges, you agree that in addition to individual persons attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system.

ASSIGNMENT

You may not assign, transfer or delegate these Terms and Conditions or the Privacy Policy or any part of them without GLOBALHEALTH’s prior written consent. GLOBALHEALTH may freely transfer, assign or delegate all or any part of these Terms and Conditions and the Privacy Policy, and any rights and duties hereunder or thereunder. These Terms and Conditions and the Privacy Policy will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms and Conditions or the Privacy Policy, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

GOVERNING LAW AND JURISDICTION AND VENUE

1.  These Terms and Conditions and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of Florida, as amended from time to time, without regard to principles of conflicts of law. Any action or proceeding arising out of or relating pursuant to these Terms and Conditions or Privacy Policy shall be brought to Arbitration, which shall be held in Miami-Dade County, Florida.
2.  This Web site can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the State of Florida, without regard to any principles of conflicts of law, will apply to all matters relating to your use of this Site. GLOBALHEALTH makes no representation that Information or services provided on or through this Site are appropriate or available for use in other locations, and accessing them from territories where such Information is illegal is prohibited. If you choose to access the Site from other locations, you do so, on your own initiative and are responsible for compliance with local laws.

DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS

In those rare instances where your concern is not resolved to your satisfaction through calls to our customer care, you and GLOBALHEALTH each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below. If the dispute is not resolved, you and GLOBALHEALTH agree that the dispute will be resolved through individual binding arbitration or small claims court, instead of courts of general jurisdiction.

Mandatory Arbitration and Waiver of Class Action. Instead of suing in court, you and GLOBALHEALTH agree to arbitrate all Disputes (as defined below) on an individual, non-representative, basis. You agree that, by accepting the terms and conditions of this Use Agreement, you and GLOBALHEALTH are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted.

In arbitration, there is no judge or jury. Disputes are instead decided by a neutral third-party arbitrator in a more informal process than in court. In arbitration, there is limited discovery and the arbitrator’s decision is subject to limited review by courts. However, just as a court would, the arbitrator must honor the terms and conditions of the Use Agreement and can award damages and relief, including any attorneys’ fees authorized by law.

“Disputes” shall include, but are not limited to, any claims or controversies against each other related in any way to or arising out of in any way the GLOBALHEALTH Service or this Use Agreement, including, but not limited to, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if the claim arises after use of or access or subscription to the GLOBALHEALTH Service has terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the GLOBALHEALTH Service brings against GLOBALHEALTH (including the GLOBALHEALTH Service), its subsidiaries, affiliates, parent companies, employees, subcontractors, agents, vendors, suppliers, or licensors; (b) you bring against a third party, such as a Provider, that are based on, relate to, or arise out of in any way the use of or access or subscription to the GLOBALHEALTH Service or this Use Agreement; or (c) GLOBALHEALTH brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and GLOBALHEALTH, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before this Use Agreement or out of a prior Use Agreement with GLOBALHEALTH; (iii) claims that are subject to on-going litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of your use of or access or subscription to the GLOBALHEALTH Service or this Use Agreement.

DISPUTE NOTICE AND DISPUTE RESOLUTION PERIOD

Before initiating an arbitration or a small claims matter, you and GLOBALHEALTH each agree to first provide to the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to GLOBALHEALTH should be sent to GLOBALHEALTH’s registered address and also to (if the registered address is different): GLOBALHEALTH, LLC., 2950 SW 27th Avenue, Suite 100, Miami FL 33133, Attn: Officers. GLOBALHEALTH will provide a Notice of Dispute to you at your last known physical address or email address. GLOBALHEALTH will assign a representative to work with you and try to resolve your Dispute to your satisfaction. You and GLOBALHEALTH agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or GLOBALHEALTH may commence an arbitration proceeding or small claims action.

ARBITRATION TERMS, PROCESS, RULES, AND PROCEDURES

1. Unless you and GLOBALHEALTH agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in Miami-Dade County, Florida (or such other location to which GLOBALHEALTH agrees). The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this agreement to arbitrate, including the rules about filing, administration, discovery, and arbitrator’s fees. The JAMS Rules are available on its website at jamsadr.com.  Notwithstanding any JAMS Rule to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
2. The Federal Arbitration Act (“FAA”) applies to your use of or access or subscription to the GLOBALHEALTH Service and this Use Agreement and arbitration provision. We each agree that the FAA’s provisions – not state law – govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or GLOBALHEALTH to arbitrate on a class-wide, representative, or consolidated basis.
3. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND GLOBALHEALTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GLOBALHEALTH expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
4. We each are responsible for our respective costs, including our respective attorneys, experts, and witnesses, unless this Use Agreement or applicable law otherwise permits the award of such to GLOBALHEALTH. We each will pay equally for any filing or case management fees associated with the arbitration and professional fees for the arbitrator’s services.
5. An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.

1.  As an alternative to arbitration, we may resolve Disputes in small claims court
   in Miami-Dade County, Florida (or such other location to which
   GLOBALHEALTH agrees).

NO TRIAL BY JURY AND NO CLASS ACTION

IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS OR SUBSCRIPTION TO THE GLOBALHEALTH SERVICE OR THIS USE AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUNTERCLAIM, OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT

TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERTING A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless GLOBALHEALTH, Its Affiliates and its Licensors from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions and suits (no matter whether at law or equity), fees, costs and attorneys’ fees (including appellate level) of any kind whatsoever arising, directly or indirectly, out of or in connection with (i) your use or misuse or of the Site or the Services or any Information posted on the Site, (ii) your subscription, (iii) your breach of the Terms and Conditions or the Privacy Policy , (iv) your relationship with any participating physician , (v) the content or subject matter of or any Information you provide to GLOBALHEALTH, any of its Affiliates, any participating physician or Customer service agent, and/or (vi) any negligent or wrongful action or omission by you in the use or misuse of the Site or the Services or any Information posted on the Site, including, without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

WAIVER

YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

OTHER IMPORTANT TERMS

Subject to federal and state law or unless this Use Agreement specifically provides otherwise, your use of and access or subscription to the GLOBALHEALTH Service and this Use Agreement is governed solely by the laws of the state of Florida, without regard to conflicts of law principles. If either of us waives or doesn’t enforce a requirement under this Use Agreement in an instance, we don’t waive our right to later enforce that requirement. Except as this Use Agreement specifically provides otherwise, if any part of this Use Agreement is held invalid or unenforceable, the rest of this Use Agreement remains in full force and effect. This Use Agreement isn’t for the benefit of any third party except GLOBALHEALTH’s subsidiaries, affiliates, parent companies, employees, subcontractors, agents, vendors, suppliers, licensors, and predecessors and successors in interest. You can’t assign this Use Agreement or any of your rights or duties under it, unless GLOBALHEALTH agrees to the assignment. GLOBALHEALTH can assign this Use Agreement without notice. You cannot in any manner resell the GLOBALHEALTH Service to another party. This Use Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements – you can’t rely on any contradictory documents or statements by sales or service representatives or the Providers. The rights, obligations, and commitments in the Use Agreement that, by their nature, would logically continue beyond the termination of your use of or access or subscription to the GLOBALHEALTH Service (for example, those relating to billing, payment, dispute resolution, no class action, no jury trial) survive termination of your use of and access and subscription to the GLOBALHEALTH Service and this Use Agreement.

FORCE MAJEURE

Notwithstanding anything herein to the contrary, GLOBALHEALTH shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond its reasonable control.

NO THIRD PARTY RIGHTS

Unless expressly stated in these Terms and Conditions or in the Privacy Policy to the contrary, nothing herein or in the Privacy Policy is intended to confer any rights or remedies under or by reason of these Terms and Conditions or the Privacy Policy on any persons other than you, GLOBALHEALTH, its Licensors and its Affiliates. Nothing in these Terms and Conditions and the Privacy Policy is intended to relieve or discharge the obligation or liability of any third persons to any of you, GLOBALHEALTH, its Licensors or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, GLOBALHEALTH, its Licensors or its Affiliates.

ENTIRE AGREEMENT; HEADINGS AND CONSTRUCTION; SEVERABILITY

These Terms and Conditions and the Privacy Policy constitute the sole and only agreement of you and GLOBALHEALTH and supersede any prior understandings or written or oral agreements between you and GLOBALHEALTH with respect to their subject matter and constitute a complete and exclusive statement of the terms of the agreement between you and GLOBALHEALTH with respect to their subject matter. The headings contained in these Terms and Conditions and the Privacy Policy are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms and Conditions and the Privacy Policy . The provisions of these Terms and Conditions and the Privacy Policy are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

ENFORCEMENT COSTS

If any civil action or other legal proceeding is brought for the enforcement of any of these Terms and Conditions or the Privacy Policy or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms and Conditions or the Privacy Policy, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys’ fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).

ELECTRONIC SIGNATURE

I have read this Use Agreement and I understand it. I agree to comply with it, on behalf of myself and on behalf of any other person on whose behalf I am or may in the future be seeking medical care including, but not limited to, mental or behavioral health services. I understand and agree that if I fail to comply with the terms of the Use Agreement, I may be prohibited from using the GLOBALHEALTH Service, and I will hold GLOBALHEALTH harmless from any liability arising from my failure to comply. I hereby certify that I am at least eighteen years of age and possess the legal right and ability to enter into this Use Agreement under the name in which I have registered to use the GLOBALHEALTH Service. I further certify that I am physically present in the state that I have designated at the time that I am accessing the GLOBALHEALTH Service. I understand and acknowledge that my ability to access the GLOBALHEALTH Service is conditional upon the above-mentioned criteria of my certification of age, legal authority, and physical presence at the time that I access the GLOBALHEALTH Service, and that the Providers are relying upon this certification in order to interact with and facilitate health care services to me.

EFFECTIVE AND REVISED 01/30/23