AMONG OTHER ACTIVITIES, READY DIGITAL'S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.
Certain of our Services are currently only available to individuals located in certain states.
In order to qualify to use the Services, the following must be true:
You are age 18 or over.
You are located in a State Where We Operate (depending on the type of Services).
You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through Ready Digital. In addition to the above requirements, Ready Digital and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
REQUIREMENTS FOR USE
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Site. Fees and charges may apply to your use of the mobile services and to the Internet and Ready Digital is not responsible for those fees/charges.
SPECIAL CONSENT TO TELEHEALTH SERVICES
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
Interactions between a patient and health care provider via audio, video, and/or data communications; and
Use of output data from medical devices, sound, and video files.
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
YOUR RELATIONSHIP WITH READY DIGITAL – NO MEDICAL CARE OR ADVICE BY READY DIGITAL
Ready Digital does not provide any medical services, medical advice, or care, including via the Site and Services. Rather, Ready Digital contracts with Sources and independent, physician-owned medical groups with a network of Providers who provide virtual care services. Providers deliver clinical services via Ready Digital's technology platform to their patients. Providers are independently contracted or employed by the Medical Groups or their own provider group (as applicable). Providers are not employed or contracted by Ready Digital.
The Site provides a means for you to access medical care from a Provider and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and your Provider. You understand that by coordinating and in certain cases consulting with a Provider through the Services, you are not entering into a provider-patient relationship with Ready Digital. The Providers and Medical Groups, and not Ready Digital, are responsible for the quality and appropriateness of the medical care they render to you. Ready Digital does not provide any legal advice or representations in any way regarding any legal issues associated with medical advice, information, or services offered by a Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations.
The Providers are independent from Ready Digital and use the Site as a way to communicate with you. Any information or advice received from a Provider comes from such Provider alone, and not from Ready Digital. Neither Ready Digital nor any of its subsidiaries or affiliates or any third party who may promote the Site or Services or provide a link to the Services, shall be liable to you for any professional advice obtained from a Provider via the Site or Services, nor any information obtained on the Site. Ready Digital does not recommend or endorse any specific Providers, tests, medications, products, or procedures. You acknowledge and agree that your reliance on any Providers or information delivered to you by the Providers via the Site or the Service is solely at your own risk, and you assume full responsibility for all associated risks.
In some cases, a Provider may use the Services to provide medical advice or treatment to you. A Provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the Provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, Ready Digital strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with your Provider. Moreover, a Provider utilizing the Site may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive from a Provider is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a Provider acting through the Services may not have important information that is usually obtained through a “hands-on" physical examination; and (iv) the absence of a physical examination may affect the Provider's ability to diagnose any potential condition, disease or injury.
PRESCRIPTIONS AND PRODUCT POLICY
If you receive a prescription as a result of the Services, you may select one of our partner pharmacies (collectively, the “Pharmacy Network") to ship your prescription. You give us consent to send and disclose to the Pharmacy Network all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.
Neither Ready Digital nor any of its affiliates endorse any specific medication, pharmacy, product, or device. If a Provider prescribes a medication or product, he or she must limit supply based on state regulations and will only prescribe a medication or product as determined in his or her own discretion and professional judgment. There is no guarantee that a prescription will be written. Providers reserve the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that you acquire from a Provider will 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.
PACKAGING AND FULFILLMENT RESTRICTIONS
If you select to use the Pharmacy Network to fulfill any prescriptions provided by Providers through the Services, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
You agree to pay all fees due for services requested through the Services. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.
You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the Medical Groups, Pharmacy Network, or Providers. Your payments to Ready Digital may include fees charged by Pharmacy Networks for pharmacy services, or Medical Groups or Providers for health care services, which Ready Digital collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Ready Digital and you may be separately charged by the applicable Medical Groups, Providers, or pharmacies for such services. In the event that your credit card expires or Ready Digital, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Ready Digital, the Medical Groups, the Pharmacy Network, and/or Providers have no obligation to provide the Services or any health care services or pharmacy services, as applicable, unless and until full payment has been received and/or verified.
Except for specific communications received from Providers or Medical Groups, none of the Content you receive through the Site should be considered medical advice.
REGISTRATION AND USER ACCOUNTS
Although certain parts of the Site are accessible by any individual, you are obligated to register with Ready Digital in order to access the Services. The Services are available only to users who have registered with Ready Digital and to other persons affiliated with Ready Digital who have been granted accounts with usernames and passwords (“Secure Users"). If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to Ready Digital. If you do not maintain such information, or Ready Digital has reasonable grounds to suspect as much, Ready Digital has the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify Ready Digital of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Ready Digital at email@example.com. Ready Digital may take any and all actions it deems necessary or reasonable to maintain the security of the Site, Services and your Secure User account.
You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. Ready Digital explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree that: (1) all or any part of the Site may not be accessible at any time, for any period, or for any reason; and (2) Ready Digital will not be liable if for any reason all or any part of the Site are unavailable at any time or for any period.
ACCESS RIGHTS AND PROHIBITED USE
OWNERSHIP OF INFORMATION SUBMITTED VIA THE SITE
Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Ready Digital shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Ready Digital via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
For any personal data or information subject to the foregoing exception, and to the extent permitted by law, you: (1) understand and agree that any such information provided by you may be used, copied or displayed by Ready Digital, Ready Digital may create derivative works of any such data, and Ready Digital may provide such data to our service providers, our successors and assigns, Referral Sources, Medical Groups, Providers, and affiliated health care providers, and their affiliated professional entities, in performance of their services; and (2) grant Ready Digital, our service providers, our successors and assigns, Medical Groups, Providers, and affiliated health care providers, and their affiliated professional entities, the fully transferable and sublicenseable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Site for the purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Ready Digital using such data.
OWNERSHIP OF SITE CONTENT
USE OF LOGOS & TRADEMARKS
Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos (“Marks") of Ready Digital or its affiliates. You are not authorized to use any such Marks without the express written permission of Ready Digital. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES
The Site may contain hyperlinks or references to other websites (“Linked Sites") operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ANY SERVICES ARE PROVIDED THROUGH THE SITE ON AN “AS IS" AND “AS AVAILABLE" BASIS. READY DIGITAL AND ITS AFFILIATES, SOURCES, MEDICAL GROUPS, PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS") MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITE OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER READY DIGITAL NOR THE RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITE. FURTHERMORE, READY DIGITAL DOES NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND READY DIGITAL DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL READY DIGITAL, THE RELATED PERSONS, OR READY DIGITAL'S LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. THIS IS TRUE EVEN IF READY DIGITAL OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
MODIFICATIONS TO THE SITE
Ready Digital reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Site or Services or any portion thereof, with or without notice. You agree that Ready Digital shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.
SPECIAL NOTICE TO MEDICARE AND MEDICAID BENEFICIARIES
Federal and state health care programs, such as Medicare and Medicaid, do not pay for all health care costs, even for some health care services and products that you or your health care provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand it, neither federal nor state health care programs currently pay for any of the medical services or products made available through the Services performed by Providers, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither Ready Digital nor any Provider will bill any federal or state health care program for such medical services or products.
GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND READY DIGITAL TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM READY DIGITAL
NO AGENCY RELATIONSHIP
DIGITAL MILLENNIUM COPYRIGHT ACT
Ready Digital reserves the right to remove any content or any other material or information available on or through our Site, at any time, for any reason. Ready Digital otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA") applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Ready Digital.
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Site, you may submit a notification to our Designated Agent at the following address:
Any notification to Ready Digital under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
An identification of the content or material that you claim is infringing and where it is located on our Site;
Information sufficient for Ready Digital to contact you, such as your address, telephone number, and/or email address;
A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.