Ria Health Terms and Conditions of Use

Latest revision: November 29, 2018

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE OR APPLICATION.

By using this application or site, you signify your assent to these Terms of Use, and all other terms and policies that appear on the application or site. DxRx, Inc. (“Ria Health”, “Ria”, “DxRx”, “DxRxMedical”, “we”, “us”, or “our”) operates the website located at www.riahealth.com and other related websites and mobile applications with links to these Terms of Use (collectively, the “Application”). Ria may revise these Terms of Use at any time. Your continued use of the application will signify your agreement to the revised Terms of Use.

1. Ria Services. We offer online services (the “Services”) enabling consumers to report their health history, learn about their health, and engage healthcare professionals (“Treating Providers”) to obtain medical and healthcare services.

2. The Application Does Not Provide Medical Advice. The contents of the Application, such as text, graphics, images, information obtained from licensors of Ria, and other material contained on the Application (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Application! If you think you may have a medical emergency, call your doctor or 911 immediately. Ria does not recommend or endorse any specific physicians, tests, products, procedures, opinions, or other information that may be mentioned on the Application. Reliance on any information provided by Ria is solely at your own risk.

3. Healthcare Services. All of the Treating Providers who deliver Services through Ria are independent professionals solely responsible for the services each provides to you. Ria does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Prescriptions and lab orders are issued by Ria Treating Providers. Ria is not a lab or a pharmacy and your purchases of medications and lab tests are not included in the Service.

4. Informed Consent. Telehealth is the delivery of health care services using communications technology, where the patient and the health care professional are not in the same physical location. During your telehealth consultation with a Treating Provider, details of your health history and personal health information may be discussed with you through the use of audio and other telecommunications technology, and your Treating Provider may perform a physical examination through these technologies.

The telehealth Services you receive from Treating Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. Among the benefits of our Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to: In rare cases, information transmitted may not be sufficient to allow for appropriate health care decision making by the Treating Provider; Delays in evaluation or treatment could occur due to failures of electronic equipment. In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors; Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information By accepting these Terms of Use, you acknowledge that you understand and agree with the following: You understand that you may expect the anticipated benefits from the use of telehealth in your care, but that no results can be guaranteed or assured. You understand that the laws that protect the privacy and security of health information apply to telehealth, and have received Ria’s Notice of Privacy Practices, which describes these protections in more detail. Your Treating Provider may determine that the Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide telehealth services to you through the Application. You can send messages to your Treating Provider by contacting Ria Customer Support at CustomerService@riahealth.com or (510) 854-0989. Emails or electronic messages or calls to Customer Service or your Treating Provider may not be returned immediately. If you are experiencing a medical emergency, you should call 911 or go to the nearest emergency room.

5. Privacy. Ria is required to comply with the federal health care privacy and security laws. Additionally, the information you provide to your Treating Provider during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Notice of Privacy Practices. Information regarding our use of health and other personal information is provided in our Application Privacy Policy and health information Notice of Privacy Practices. As part of providing you the Services, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Services. While secure electronic messaging is always preferred to insecure email, under certain circumstances, insecure email communication containing personal health information may take place between you and Ria. Ria cannot ensure the security or confidentiality of messages sent by email.

6. User Accounts. When you register on the Application, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Ria (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Application will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of accounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Ria reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Application and your Account Information. In no event and under no circumstances shall Ria be held liable to you for any liabilities or damages resulting from or arising out of your use of the Application, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.

7. Use of the Services by Children. The Services are available for use by children, but the Account holder for all patients under the age of 18 must be the patient’s parent or legal guardian. If you register on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

8. Access Rights. We hereby grant to you a limited, non-exclusive, nontransferable right to access the Application and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Application or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Application or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Application or Services; (d) distribute viruses or other harmful computer code through the Application or (e) otherwise use the Services or Application in any manner that exceeds the scope of use granted above. In addition, you agree to refrain from abusive language when communicating with Treating Providers through the Application and to refrain from contacting Treating Providers for telehealth services outside of the Application. Ria is not responsible for any interactions with Treating Providers that are not conducted through the Application. We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.

9. Fees and Purchase Terms. Ria charges may include a monthly fee that is paid in full at the beginning of each month of service. Ria reserves the right to change its price list and adopt new charges at any time upon prior notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges. You agree to 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. Major credit cards are the only accepted means of payment. By providing Ria or its affiliates with your credit card number or PayPal account and associated payment information, you agree that Ria is authorized to immediately invoice your account for all fees and charges due and payable to Ria hereunder and that no additional notice or consent is required.

Ria accepts payments from private insurance plans and discounts the fixed monthly fee for covered customers. By providing Ria or its affiliates with your insurance plan information, you agree that Ria is authorized to bill your insurance plan and/or your credit card for Ria fees or charges. We do not accept government issued health insurance such as Medicare, Medicaid, or VA plans. Ria is not reimbursed through health plans, employers, or agencies. You need to pay all fees or charges out of pocket. In-Network Coverage. If you are a participant in a health plan that has entered into a contract for reimbursement rates with Ria Health or its affiliates (an “In-Network Plan”), and your insurance coverage has been verified by Ria Health prior to your visit, then Ria Health will process all claims for reimbursement in accordance with its contract with the In-Network Plan. This means Ria Health will bill and collect from your In-Network Plan that portion of Ria Health’s fee for which your In-Network Plan is responsible. Please note that you will still be financially responsible for any applicable copayments, co-insurance or deductibles, or for any services that are not covered by your In-Network Plan. Your credit card will be charged accordingly.

Out-of-Network Coverage. If you not a participant in an In-Network Plan, are uninsured, or receive medical services that are not covered by your In-Network Plan, then you will be financially responsible for the full payment of Ria Health standard rate of the Services. Your credit card will be charged accordingly.

Ria distributes devices such as a breathalyzer for your use in conjunction with the Service. These devices are warranted by the manufacturer only. You agree we may collect information from these devices and use it to help deliver the Services and as otherwise described in our Privacy Policy and HIPAA Notice. Upon termination of Service you may elect either to purchase the device for $100 or to return the device to Ria Health.

10. Website Links. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.

11. Ownership. The Application and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Ria, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Application except as generally and ordinarily permitted through the Application according to these Terms of Use. You must not access or use for any commercial purposes any part of the Application or any services or materials available through the Application.

12. Trademarks. Certain of the names, logos, and other materials displayed on the Application or in the Services may constitute trademarks, trade names, service marks or logos (“Marks“) of Ria or other entities. You are not authorized to use any such Marks without the express written permission of Ria. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

13. Termination. You may deactivate your Account and end your registration at any time, for any reason by sending an email to CustomerService@RiaHealth.com. Ria may suspend or terminate your use of the Application, your Account and/or registration for any reason at any time. Subject to applicable law, Ria reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Application pursuant to its internal record retention and/or content destruction policies. After such termination, Ria will have no further obligation to provide the Services, except to the extent Treating Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.

14. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE APPLICATION OR SERVICES IS AT YOUR SOLE RISK. BOTH THE APPLICATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.

15. LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL RIA OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

16. Indemnification. You agree to indemnify, defend and hold harmless Ria, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless your Treating Provider(s) from and against any third party Claims resulting from your lack of adherence with the advice or recommendation(s) of such Treating Provider.

17. Geographical Restrictions. Ria makes no representation that all products, services and/ or material described on the Application, or the Services available through the Application, are appropriate or available for use in locations outside the United States or all territories within the United States.

18. Disclosures. All physicians on the Application hold professional licenses issued by the professional licensing boards in the states where they practice and hold doctoral degrees. You can report a complaint relating to services provided by a Treating Provider by contacting the professional licensing board in the state where the services were received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee. You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website at http://www.fsmb.org/state-medical-boards/contacts.

19. Miscellaneous. These Terms of Use and your use of the Application shall be governed by the laws of the State of California, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in San Francisco, California under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in San Francisco, California, for any action related to these Terms of Use.

No waiver by Ria of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ria to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Please report any violations of these Terms of Use to CustomerService@riahealth.com. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing in this application infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counternotice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. In accordance with the DMCA, Ria has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Ria Health, 1049 Market St. #603, San Francisco CA 94103.