Terms of Use – Virtual Care

Virtual Care by Cypress at Home

TERMS OF USE AGREEMENT

Welcome to Cypress at Home (“Cypress”) Terms of Use and Website User Agreement.

YOUR USE OF THIS WEBSITE, INCLUDING ANY USE BY PHONE OR OTHER ELECTRONIC DEVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT. CYPRESS MAY CHANGE THESE TERMS OF MODIFY ANY FEATURES OF OUR TELEHEALTH SERVICES AT ANY TIME. THE MOST CURRENT VERSION OF THE TERMS OF USE CAN BE VIEWD BY CLICKING ON THE “TERMS OF USE” LINK. BY CLICKING “ACCEPT”, OR USING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.

PLEASE READ THESE TERMS OF USE CAREFULLY.

1. USE OF WEBSITE

DO NOT USE THIS WEBSITE FOR EMERGENCY MEDICAL CARE. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

2. SERVICES

Cypress through its Virtual Care Website (“Site”) provides a technology platform to connect individuals with licensed physicians, nurse practitioners and other licensed healthcare practitioners (the “Providers”) in real time by streaming video or telephone for the purpose of participating in a healthcare consultation (“Services”).

All participating Providers are solely responsible for their services and compliance with all regulatory requirements governing their respective professions.

You acknowledge your reliance on any Provider(s) or information provided to you by the Services is solely at your own risk and you assume all responsibility for any risk associated therewith.

3. USER ENROLLMENT

To access Providers for the delivery of Services, you must be an existing client of Cypress at Home, a resident of Cypress Cove or make appropriate arrangements directly with Cypress. You agree to provide true, accurate, current and complete information to Cypress and its representatives and to keep this information current and updated as needed. You represent that you are 55 or older. If you wish to explore the services or products offered by Cypress Cove or Cypress at Home call 239-349-3300.

4. BILLING PROCESS

You will be billed for the Services in accordance with the rate schedule in effect at the time the Services are delivered. The current rate schedule can be obtained by contracting Cypress at Home.

5. YOUR LOCATION

You hereby certify to Cypress that you are physically located in the State of Florida, United States of America and that you are 55 years of age or older. You acknowledge that your ability to access and use the Services is conditioned upon the accuracy and truthfulness of this certification and that the Providers you access are relying upon this certification in order to interact with you. In the event your certification is inaccurate or false, you agree to indemnify, defend and hold harmless Cypress and the Provider(s) you interact with from any resulting damages, costs or claims.

6. TERMINATION FOR CYPRESS’ CONVENIENCE

Cypress may suspend or terminate your access to the Services at any time for its convenience for any reason or for no reason at all. Cypress reserves the right (but does not assume the obligation) to refuse to provide access to the Services to any person, agency or organization in its sole and exclusive discretion. Cypress reserves the right to change, suspend or discontinue all or any part of the Services temporarily or permanently, without prior notice.

7. NOTICE OF PRIVACY PRACTICES

Pursuant to Health Insurance Portability and Accountability Act of 1996 (HIPAA), you acknowledge that you have access to Cypress’ notice of privacy practices. You hereby consent to disclosure of your protected information, including information generated through the use of Telehealth Services as described in the notice of privacy practices. This will include all of your protected health information generated during the provision of Services.

By using Cypress’ website, you consent to Cypress processing your information consistent with Cypress’ privacy policy.

You understand that your healthcare information may be shared with others (including healthcare providers and health insurers) for treatment, payment, and healthcare operation purposes. Psychotherapy notes are maintained by clinicians that are not shared with others, while billing codes and encounter summaries are shared with others and with me.

You further understand that your healthcare information may be shared in the following circumstances:

When a valid Court Order is issues for medical records.
Reporting suspected abuse, negligent or domestic violence.
Preventing or reducing a serious threat to anyone’s health or safety.

8. INFORMED CONSENT

Telehealth is delivery of healthcare services using electronic technology where the patient and the Provider are not in the same physical location. During your Telehealth consultation with the Provider, details of your medical health history and personal health information may be discussed through the use of electronic means and the Provider may perform a physical examination utilizing audio, video and other telecommunications technology. Depending on your medical or health history, you may be asked to provide information through other electronic means and verify your identity with a driver’s license or other legal document.

The Services you receive from Providers are not intended to replace a primary care physician relationship or be your permanent source of medical care. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed and continue to consult with your other healthcare providers as recommended. The benefits of Telehealth services consist of convenience and improved access to healthcare providers. However, there are risks associated with the use of Telehealth Services. These risks include, but are not limited to:

Information transmitted to your Provider(s) may not be sufficient to allow for appropriate medical decision making by the Provider(s)
Delays in evaluation or treatment could occur due to failure of the electronic equipment.
Security protocols or safeguards could fail causing a breach of privacy.
Your Provider(s)’ treatment options, especially pertaining to certain prescriptions, may be limited.
In some instance, a lack of access to all of your medical records may result in judgement errors.
Your Provider(s)’ may not be able to provide medical treatment for your particular condition via Telehealth, and you may be required to seek alternative care.

You acknowledge these risks and agree to fully assume the risks associated with same and to release Cypress and all Providers from any losses or damages associated from such risks.

You have read and understand the information provided above, and understand the risks and benefits of Telehealth Services, and by accepting these Terms, you hereby give your informed consent to participate in Telehealth or virtual care visits under the Terms of Use described herein.

9. LEGAL DISCLAIMERS AND LIMITATION OF LIABILITY

GENERAL DISCLAIMER. YOU ACKNOWLEDGE THAT YOUR USE OF CYPRESS VIRTUAL CARE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION FOR SERVICES CONTAINED OR PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CYPRESS AND ITS AFFILIATES, PARENTS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUSES OR OTHER VIOLATION OF RIGHTS. CYPRESS DOES NOT WARRANT THE ADEQUACY, CURRENCY, LIKELY RESULTS OR COMPLETENESS OF THE SERVICES OR THAT THE SERVICES TO BE PROVIDED HEREUNDER WILL BE UNINTERRUPTED, VIRUS FREE, OR ERROR FREE. CYPRESS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENTAL REGULATIONS REGARDING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS, OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE SERVICES. IN NO EVENT WILL CYPRESS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, AFFILIATES, SUBCONTRACTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN THE AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS AND YOU AFFIRMATIVELY RELEASE CYPRESS AND ITS AGENTS FROM SUCH CLAIMS. CYPRESS DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF INFORMATION CONTAINED IN THIS SITE OR ANY THIRD-PARTY WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE SERVICES WILL BE TO CEASE USING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT CYPRESS IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT CYPRESS IS NOT DETERMINING APPROPRIATE MEDICAL USE OF THE SERVICES. CYPRESS, ITS SUPPLIERS AND ALL THIRD PARTIES WHO PROMOTE THE SERVICES OR PROVIDE YOU WITH A LINK TO THE SERVICES EXPRESS DISCLAIM ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF HEALTHCARE VIA THE SERVICE, INCLUDING BUT NOT LIMITED TO, LIABILITY FROM MEDICAL MALPRACTICE.

MEDICAL DISCLAIMERS. CYPRESS MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONTENT OF ANY TREATMENT RESPONSE FROM ANY PROVIDER. YOU AND YOUR PHYSICIAN ARE SOLELY RESPONSIBLE FOR ALL INFORMATION AND/OR COMMUNICATION SENT DURING AN ELECTRONIC CONSULTATION OR OTHER COMMUNICATION. CYPRESS DOES NOT GUARANTEE THAT AN ELECTRONIC CONSULTATION IS THE APPROPRIATE COURSE OF TREATMENT FOR YOUR PARTICULAR HEALTHCARE PROBLEM. FURTHERMORE, CYPRESS IS NOT A SUBSTITUTE FOR YOUR PRIMARY CARE PHYSICIAN. YOU AGREE TO CONTACT YOUR PHYSICIAN IMMEDIATELY SHOULD YOUR CONDITION CHANGE OR YOUR SYMPTOMS WORSEN. IF YOU REQUIRE URGENT CARE, YOU SHOULD CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY.

CONTENT DISCLAIMER. NO INFORMATION FOUND ON THIS SITE SHOULD BE RELIED ON AS PROFESSIONAL MEDICAL ADVICE. NOTHING CONTAINED IN THIS SITE SHOULD BE CONSTRUED, DIRECTLY OR INDIRECTLY, AS THE PRACTICE OF MEDICINE OR THE PROVIDING OF MEDICAL SERVICES BY CYPRESS. THE INFORMATION IN SERVICES PROVIDED ON OR THROUGH THIS SITE ARE INTENDED SOLELY TO FACILITATE THE PROMPT AND CONVENIENCE COMMUNICATION WITH PROVIDERS. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTHCARE PROVIDER CONCERNING QUESTIONS YOU HAVE REGARDING A MEDICAL CONDITION, AND BEFORE STOPPING, STARTING OR MODIFYING ANY TREATMENT OR MEDICATION. NEVER DELAY OBTAINING MEDICAL ADVICE OR DISREGARD MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE OR HAVE NOT READ ON THIS SITE. CYPRESS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE INFORMATION PROVIDED ON THE SITE, AND ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY INACTION OR ACTION YOU TAKE BASED ON THE INFORMATION MATERIAL ON THE SITE. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING THE SITE AND THE INFORMATION CONTAINED ON THE SITE.

10. CHOICE OF LAW AND VENUE

The Services are only intended for use by residents of the State of Florida, United States of America. Cypress does not intend to provide access to the Services to individuals located outside of the State of Florida, United States of America. You agree that the validity, construction and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without reference to or application of choice of law principles. The exclusive venue for any dispute arising under this Agreement shall be within a State Court of competent jurisdiction located in the County of Lee, State of Florida, United States of America.

11. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Cypress, affiliates, agents, our parent, employees, officers, directors and providers from all liabilities, claims, actions, proceedings, losses, causes of action, and suits and demands and expenses, including attorneys’ fees, arising from, relating to, or arising directly or indirectly out of or in connection with (1) your use or misuse of the Site or Services; (2) your breach of this Terms of Use Agreement; (3) your relationship with any Provider; (4) the content or subject matter of or any information you provide to Cypress, any of its affiliates, any provider, or any of its employees or agents; or (5) any negligent or wrongful action or omission by you in the use or misuse of the Site or the Services.

12. MISCELLANEOUS

The Terms of Use shall constitute the entire Agreement between the parties relating to the matters contemplated hereby and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, or merged herein.

If any provision or any portion of any provision of these Terms of Use or the application of any provision or portion thereof, to any person or circumstance shall be held invalid or unenforceable, the remaining portion of such provision and the remaining provisions of these Terms of Use, or the application of such provision held invalid or unenforceable to persons or circumstances other than those to which has been held unenforceable or invalid shall not be affected thereby.

In the event of any dispute as to the precise meaning of any term contained herein, the rules of contract construction and interpretation that written contacts be construed against the drafter, shall not apply.

Nothing contained in these Terms of Use are in degradation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

These Terms of Use govern your use of Virtual Care By Cypress at Home.