Effective Date: February 26, 2018
Welcome to HintMD!
HintMD allows doctors and patients to actively engage with each other about patient treatments. If you are a patient referred to us by your doctor, you will be able to use HintMD to view and track your scheduled treatments, make payments, and see the records of your visits. HintMD does not provide medical advice and is not a referral service.
These are the terms that explain how you can use our services, and they form a legal agreement between you and us. This section summarizes the terms, but you need to read through the entire document.
When you use our services:
- You can access the Services online or via our mobile app.
- There are certain parts of our Services that can only be accessed and used by patients with accounts established by doctors that use our Services.
- There are rules that limit our liability for how our Services are used.
Use of the Services
You are solely responsible for your interaction with your doctor(s), whether online or offline. You agree that HintMD is not responsible or liable for the conduct of any doctor or patient.
You agree that you are responsible for all data, telecommunications and/or other third-party charges you incur to use the Service.
User Accounts / Passwords
If you have an account with our Services, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access your account and our Services. You authorize HintMD to assume that any person using our Services with your username and password either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or password.
Health Information Privacy
Ownership of HintMD Services and Content
Restrictions on Your Use of the Services
You must be at least 17 years old to use any of the Services.
You agree NOT to do any of the following:
- solicit, collect or use the login credentials of other Service users;
- remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Services;
- reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services IP;
- use the Services as an emergency aid, a means of obtaining or providing emergency services, or a means for delivering or receiving medical treatment or medical or health services;
- share health information using the Services;
- use the Service for any illegal or unauthorized purpose;
- frame or link to the Services except as permitted in writing by HintMD;
- attempt to reverse engineer or attempt to interfere with the operation of any part of the Services unless expressly permitted by law;
- download, reproduce, duplicate, copy, sell, resell, use or otherwise exploit any of the Services for any commercial purpose without express written permission from HintMD;
- change, modify, adapt or alter the Services, or change, modify or alter another website so as to falsely imply that it is associated with the Services or HintMD;
- interfere with or disrupt the Services or servers or networks connected to the Services, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
- alter or interfere with the way any Service page is rendered or displayed in a user’s browser or device;
- create accounts with the Services through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
- crawl, scrape, cache or otherwise access any content on the Services via automated means, except as may be the result of standard search engine protocols or with HintMD’s express written consent;
- attempt to restrict another user from using or enjoying the Services;
Reservations of Rights
- modify or terminate the Service or your access to the Service without liability to you (if we terminate your access to the Service or if you deactivate your account, your data will no longer be accessible through your account but those materials and data may persist and appear within the Service);
- refuse access to the Service to you or anyone else for any reason at any time.
- remove any content or data from our databases for any reason; and
HintMD may, but is under no obligation to, exercise any or all of its reserved rights for any reason, with or without notice, and at any time.
HINTMD IS NOT A MEDICAL SERVICE OR A REFERRAL SERVICE. HINTMD DOES NOT PROVIDE MEDICAL ADVICE. HINTMD IS NOT AN AGENT OF ANY DOCTOR. HINTMD IS NOT RESPONSIBLE FOR SERVICES PROVIDED BY DOCTORS OR THEIR STAFF.
HINTMD SERVICES ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE).
HINTMD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE NOT TO RELY ON THE SERVICES, OR ANY INFORMATION IN THE SERVICES, OR THEIR CONTINUATION. WE DISCLAIM ALL AND MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER CONTENT, OR THIRD-PARTY SERVICES, OR AS TO THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT ACCESSIBLE VIA THE SERVICES.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Although it is HintMD intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, but not limited to, for emergency repairs and scheduled maintenance or upgrades.
In addition, your ability to use the Services is dependent on the functionality of the device that you use to access the Services as well as the availability and coverage of wireless networks, telecommunications networks and the Internet, all of which involve facilities manufactured, owned and/or operated by third parties. HINTMD IS NOT RESPONSIBLE FOR THE OPERATION, AVAILABILITY OR FAILURE OF ANY THIRD-PARTY DEVICES, SYSTEMS OR FACILITIES, INCLUDING WITHOUT LIMITATION THOSE REQUIRED TO USE THE SERVICES.
Limitation of Liability
IN THE EVENT OF A DISPUTE BETWEEN YOU AND HINTMD: (I) NEITHER YOU NOR HINTMD, OUR AFFILIATES, OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) NEITHER PARTY’S LIABILITY TO THE OTHER WILL EXCEED USD $1,000.
SOME STATES AND JURISDICTIONS MAY NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Not an Emergency System
HintMD Services are not designed to be or intended for use as an emergency aid, a means of obtaining or delivering emergency services, or a means for delivering or receiving medical treatment or medical or health services. The Services have not been tested or approved for such critical, high-risk uses and you agree that you will not use the Services for such purposes.
You hereby release HintMD (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with a dispute between you and any third party, including without limitation your doctor or another user of our Services, whether it be at law or in equity.
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Informal Dispute Resolution
Before filing any claim against HintMD or otherwise seeking relief in a court of law, you agree to first contact HintMD at email@example.com to inform us of your complaint and seek resolution. This notice of dispute must include: your name, pertinent account information, a brief description of your dispute, and contact information so that HintMD may evaluate the dispute and attempt to informally resolve it. HintMD will have 60 days from the date of your original complaint to informally resolve the dispute, which if successful will avoid the need for further action.
Mandatory Arbitration and Class Action/Jury Trial Waiver
In the unlikely event that HintMD is not been able to resolve a dispute it has with you within 60 days of your original informal claim, we each agree to resolve any Claim by binding arbitration before an arbitrator from the American Arbitration Association (“AAA”) in the City and County of San Francisco, California under the Consumer Arbitration Rules then in effect for AAA. You can find out more information about AAA and contact them at www.adr.org.
Class Action and Jury Trial Waiver
Right to Opt-Out of Arbitration and Class Action / Jury Trial Waiver
Miscellaneous Terms and Conditions
The Services are controlled and operated from the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations. You warrant that you are not prohibited from receiving US origin products, including services or software. You may not use or access the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.