The general Terms of Use posted on our website apply to Providers. These supplemental terms apply to healthcare providers using the Sites. In the event of a conflict between the supplemental terms and the general Terms of Use, the supplemental terms shall prevail.
To be a healthcare provider using the Sites (for purposes of this Section “Supplemental Terms Applicable to Providers,” referred to as “you” or a “Provider”) you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by the Practices, or a care coordinator/guide employed or engaged by a Practice, and must agree to comply with all laws, medical board rules and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the users of the Sites (including, but not limited to, your patients at your applicable Practice) is directly between you and the patient. The patient will never have a physician-patient relationship with us. We do not practice medicine and offer no medical services. As set forth more fully below, you are solely responsible for all agreements, consents, notices and other interactions with patients and other consumers. Without limiting the generality of the foregoing, you and the Practices are solely responsible for all billings and collections from patients and other consumers, except that we may conduct billing and collections from patients and other consumers and immediately remit all such billings and collections to the Practices, when providing administrative services on the Practices’ behalf, and we shall have no liability whatsoever to you with respect to any amounts owed by any patient or other consumer to you.
We do not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with you, goods or services offered by you, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. You should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining your compliance obligations under law. You, and we, agree that we are not providing, to customers or anyone else, medical advice or legal advice.
You will use the Sites and Services only in accordance with applicable standards of good medical practice. While software products such as the Sites and Services can facilitate and improve the quality of service that you can offer patients, many factors, including but not limited to the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. You shall be solely responsible for your use of the Sites and Services, and the provision of medical services to your patients. In this regard, you release us and our affiliates and waive any and all potential claims against us and our affiliates as a result of your use of the Sites and Services, and the provision of services to your patients.
As a result of the complexities and uncertainties inherent in the patient care process, you agree to defend, indemnify and hold us and our affiliates harmless from any claim by or on behalf of any your patients, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against us or our affiliate, regardless of the cause if such claim arises for any reason whatsoever, out of your use or operation of the Sites and Services. To the extent applicable, you will obtain our prior written consent to any settlement or judgment in which you agree to any finding of our fault or defect in the Sites or Services. We will promptly notify you in writing of any claim subject to this indemnification, promptly provide you with the information reasonably required for the defense of the same, and grant to you exclusive control over your defense and settlement.
If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Sites (“Provider Content”), solely in an effort to improve the functioning of the Sites for providers, you agree not to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You are solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers in conjunction with medical examination activities. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to us that you have the legal right and authorization to upload all Provider Content at the Sites. We shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. We are and shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content.
We reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Sites. You grant us the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Sites. We, and our affiliates, take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
