TriHealthNow Telemedicine Services - Terms and Conditions
Effective: December 1, 2019
PLEASE READ THESE TRIHEALTHNOW TERMS AND CONDITIONS OF USE (THE “TERMS AND CONDITIONS”). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE TRIHEALTHNOW TELEMEDICINE SERVICES.
If you have an urgent need to see a medical provider, please contact your physician office by phone. For medical emergencies, please call 911 immediately.
TriHealth, Inc. on behalf of itself and its subsidiaries and affiliates (collectively referred to as “TriHealth”, “we”, “us”, or “our”) owns and operates the website at www.trihealth.com, and various mobile applications (collectively, the “Site” or “Sites”). Through these Sites we operate various online services that enable eligible patients (“Patients”) to receive various types of health care information and telemedicine services which include but are not limited to the provision of both initial patient evaluations, existing patient consultations and patient care, and cross-coverage patient care, via telephone or secure internet-based video (“Telemedicine Services”). The Sites also have public portions that allow anyone to educate themselves on the Telemedicine Services available from TriHealth.
Applicability of these Terms and Conditions
Agreement to these Terms and Conditions
Modifications to these Terms and Conditions
TriHealth may revise these Terms and Conditions at any time, and such changes will be posted on this or a similar page of the Sites. It is your responsibility to review these Terms and Conditions each time you use the Sites. By continuing to use the Sites, you consent to any changes to our Terms and Conditions.
The Sites are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, TriHealth disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TriHealth does not warrant that the Sites will be uninterrupted or error-free, that defects will be corrected or that the Sites or the server that makes it available are free of viruses or other harmful components.
TriHealth will use reasonable efforts to keep the content timely and accurate, but makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose. TriHealth assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.
Registration on the Secure Portal
Some of TriHealth’s sites can be used only by TriHealth Patients, require Patients to register and log-in, and are password protected (“Registered Users”). The password protected portions of the Sites are referred to as the “Secure Portals.” This Secure Portal allows you to access the Telemedicine Services. Through the Secure Portals, you can also access your protected health information (“PHI”), whether submitted by you or generated as a result of your use of the Telemedicine Services. A complete description of the purposes for which TriHealth uses and discloses any PHI collected from our Patients (including PHI) collected on the Secure Portal) is described fully in its Notice of Privacy Practices or any other applicable notices provided to Patients and available here: https://www.trihealth.com/about-trihealth/notice-of-privacy-practices/Notice-of-Privacy-Practices---Physician-Practices.aspx.
Registers Users will need to provide us with an email address. We will use email to send Registered Users important updates about the Sites as well as notifications when information and documents are added that Patients need to be aware of, e.g. forms, consult appointments. TriHealth will also use email address to send general information about the Telemedicine Services available through TriHealth. In some instances, but not all, you will be able to opt out of receiving emails. TriHealth does not sell your email address to third parties.
Registered Users are responsible for (i) controlling the dissemination and use of activation codes and passwords; (ii) authorizing, monitoring, and controlling access to and use of your user ID and password; and (iii) promptly informing TriHealth of any need to deactivate a password. You also agree to promptly notify TriHealth of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to this Site by emailing TriHealth at www.trihealth.com/tools/feedback-form. In addition, you agree to exit from your secure account at the end of each session. TriHealth explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
Your Representations and Warranties
By registering on the Secure Portals, you represent and warrant that (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into this Agreement with TriHealth, (iii) the information you have provided to TriHealth in your registration is accurate and complete (iv) you will comply with any and all laws applicable to your use of the Secure Portals, (v) you will not interfere with a third party’s use and enjoyment of the Secure Portals, and (vi) you will not interfere with or disrupt TriHealth’s or its vendor’s security measures. If any information you provide to TriHealth becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify TriHealth.
Accurate and Complete Medical History
The Telemedicine Services do not replace your existing primary care physician relationship, but are intended only to supplement that relationship for your non-emergency medical needs. You agree that your medical history on the Secure Portals will have the most up to date and accurate information. Such information is vital for TriHealth to provide you with quality Telemedicine Services.
Consent for Treatment through Telemedicine Services
Your access and use of the Site constitutes your informed consent for treatment by a physician through remote examination utilizing the Telemedicine Services. If you do not consent to receive treatment through the Telemedicine Services, you should immediately cease all use of and access to the Sites. By using the Sites and utilizing the Telemedicine Services, you understand that if medical advice is provided, it may be delayed, distorted or inaccurate due to technology-related issues such as poor connectivity or image or sound quality.
Upon completion of your consultation with a provider, your provider may or may not prescribe medication based on your condition. Based on your condition, your physician or your provider may determine that you should be seen in the office.
Controlled substances, such as pain medication, will NOT be prescribed through a telemedicine consultation.
Please note that you will be charged $49.00 per visit for using the Telemedicine Services. Fees are due and payable when services are rendered. TriHealth accepts credit cards, and pre-approved insurance for which TriHealth is a contracted provider.
It is your responsibility to know your own insurance benefits, including: (i) whether TriHealth is a contracted provider with your insurance company; (ii) your covered benefits and any exclusions in your insurance policy; and any pre-authorization requirements of your insurance company.
TriHealth will attempt to confirm your insurance coverage prior to your treatment. It is your responsibility to provide current and accurate insurance information to TriHealth, including any updates or changes in your insurance coverage. Should you fail to provide this information, you will be financially responsible for the costs of the services rendered by TriHealth.
If you violate these Terms and Conditions, your ability to use the Secure Portals will terminate. TriHealth may, in its sole discretion, terminate your access to the Secure Portals, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy TriHealth may have available at law. Further, TriHealth shall not be liable to you or any third party for any such termination or discontinuance.
In using the Sites, you agree not to:
- Send or otherwise transmit to or through the Sites any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Sites or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
- Misrepresent your identity or affiliation in any way;
- Restrict or inhibit any person from using the Sites, disclose personal information obtained from the Sites or collect information about users of the Sites;
- Reverse engineer, disassemble or decompile any section or technology on the Sites, or attempt to do any of the foregoing;
- Gain unauthorized access to the Sites, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Sites;
- Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Sites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- Send or otherwise transmit to or through the Sites chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
- Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
- Violate any applicable laws or regulations or these Terms and Conditions;
- Alter or modify any part of the Content or Telemedicine Services offered on the Sites; or
- Assist or permit any persons in engaging in any of the activities described above.
Intellectual Property Rights and Content
All materials on the Sites, including the design, layout, and organization (collectively referred to as “Content”), are owned and copyrighted by TriHealth or its suppliers or vendors, and are protected by all applicable intellectual property laws. The Content contains trademarks, service marks, and registered trademarks of TriHealth and its licensors. All rights and title to the Content, trademarks and service marks herein remain with TriHealth or its licensors.
You are authorized to view the site and Content. You are not authorized to alter, obscure, or remove any copyright or trademark notice present in the Content. All rights not expressly granted herein are reserved to TriHealth.
You may not reproduce, duplicate, copy, sell, trade, resell, or exploit for commercial gain any portion of the Sites or the Content. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this site or any site accessible through this site. You may not link to this site.
The Sites may contain links to third-party websites. Linked sites are not under the control of TriHealth, and TriHealth is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that TriHealth endorses, sponsors, or is affiliated with the linked site. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. TriHealth disclaims any and all liability for any medical and health treatment information set forth on linked sites.
Indemnification and Limitation of Liability
You agree to defend, indemnify and hold TriHealth, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from your violation of these Terms and Conditions.
IN NO EVENT SHALL TRIHEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS WEBSITE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TriHealth is not liable to you or anyone else for any decision made or action taken based on use of this Site.
The Sites are not intended for children under the age of 18. If you are under 18 years of age, please do not use or access the Sites at any time or in any manner. By using the Sites, you affirm that you are over the age of 18. TriHealth does not seek through this website to gather personal information from or about persons under the age of 18 without the consent of a parent or guardian.
Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the State of Ohio. You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of this Application, is in the state or federal courts in Hamilton County, Ohio. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of, which shall remain in full force and effect.