USER AGREEMENT
Please read these terms carefully. These terms include important limitations on your legal rights, including under the headings "Important Disclaimers," "Limitation of Liability," "Indemnification" and "Dispute Resolution."
This is a binding agreement between First Stop Health, LLC ("FSH," also referred to as "we," "us" or "our") and any person who has indicated their assent hereto by clicking an "I agree" button or by accessing or establishing a connection to the Services (as defined below). You agree to abide by all of the provisions of this agreement in order to remain an authorized user of the Website, the Mobile Application and Services. If you do not agree to the provisions of this agreement or are not satisfied with the Services, your sole and exclusive remedy is to discontinue your use of the Services.
The terms and conditions of our vendors with respect to use of their products and services, including all third-party providers of content on the Website, are incorporated by reference herein. Your acceptance of this agreement indicates your assent to be bound by those terms.
ACCESS TO THE WEBSITE, MOBILE APPLICATION AND SERVICES
To access any part of http://fshealth.com (the "Website"), the FSH mobile application (the “Mobile Application”), any other software or electronic resources, or any advisory services that may be provided by Independent Doctors (as defined below) who have contracted with FSH (any of the foregoing including the Website, the "Services"), you are asked to provide registration information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. If FSH believes the information you provide is inaccurate or intended for purposes other than becoming a bona fide member of FSH, FSH may terminate or suspend your access to the Services and neither you nor your employer or other third party that has paid for your access will be entitled to a refund in that event. FSH has sole discretion to accept or reject the username that you select.
The Website, Mobile Application and Services are not, under any circumstances, intended to be used for medical emergencies. If you think you have an emergency, you should always call 911.
The FSH Services are not available for direct access by children under the age of 16. Use of the First Stop Health Services directly by children between the ages of 16 and 18 requires the consent of a parent or legal guardian. Parents or guardians may access the FSH Services on behalf of their children under 16 through their own accounts.
The Services do not include the provision of medical evaluation, diagnosis, treatment or care by FSH. FSH provides you with access to health information from trusted sources and individuals who help facilitate your interactions with medical caregivers. FSH may partner with and provide you with access to independent medical professionals, including doctors ("Independent Doctors") who are solely responsible for their medical services.
The Services are not intended to constitute medical insurance or an insured health plan, nor do they meet the minimum value coverage and other market reform requirements imposed by the Patient Protection and Affordable Care Act (PPACA) or any minimum creditable coverage requirements imposed by any state law. The Services are not a Qualified Health Plan under the PPACA. Any costs associated with the Services are not applicable towards any healthcare deductibles or claims. The Services as not insurance and are not intended to replace any health insurance; it is a service available on a membership or per-visit basis, depending on the term of your particular employer or sponsoring organization. If labs, imaging, prescriptions, devices, or in-person physician visits are recommended, you and/or your organization are responsible for such costs, or you may submit such costs to your individual health insurance plan or group health plan. FSH bears no responsibility for the costs of any such third-party services or goods.
You agree that FSH may, without prior notice for any reason or no reason, immediately terminate your account and access to the Services. You agree that all terminations for cause shall be made in FSH's discretion and that FSH shall not be liable to you or any third-party for any termination of your account. In the event of termination other than for misuse or fraud, FSH will provide you with reasonable means to acquire the information you have stored within the Services and will provide the appropriate party with a pro rata refund of payments made by you or a third party on your behalf.
PAYMENT OF MEMBERSHIP FEES
Your continued use of the Service is governed by the terms of our agreement with the organization to which you belong (which may be your employer) that has contracted with us to provide the Services to you. Access to the Services requires payment of a membership fee and any applicable taxes by your providing organization (the "Charges"). All Charges associated with your membership must be current and fully paid in order for you to continue to access the Services. You further acknowledge that your providing organization’s obligation to pay the Charges does not depend on use of the Services, and that your providing organization remains obligated to pay FSH for the Services regardless of whether or not the Services are used.
MEMBERSHIP
Prior to accessing the Services, you represent and warrant that you are at least eighteen (18) years of age and possess the legal right and ability to agree to this User Agreement and abide by the obligations hereunder on behalf of one of the following: (o) yourself; (ii) a minor child of whom you are the parent or legal guardian; or (iii) a disabled adult of whom you are a legal guardian. You are a member of (or a guardian of a member of) an organization with which you or a family member are affiliated (employer, union, association, etc.,). This third party is paying for you to use Services on the Website.
If an Independent Doctor believes that any member is abusing the system for any reason, they will report that to us. Examples of abuse may include but are not limited to: making calls that have no medical purpose, calling repeatedly for the same ailment, using verbally abusive language, and attempting to obtain inappropriate prescription medicines through fraudulent misrepresentations. In such cases we may, in our sole discretion, terminate your membership immediately or alternately limit the calls you may make to us. No refunds or credits will be due to you or your providing organization as the result of such a termination. The Independent Doctors are prohibited by state and federal laws from prescribing a variety of drugs. These include almost all pain killers, diet drugs, mood stabilizers, sleeping pills, psychoactive drugs, and stimulants. In states that require a prescription for pseudoephedrine, Independent Doctors will not provide these prescriptions. See the DEA's list of drugs that may not be prescribed via telemedicine.
Additionally, unless you are receiving Virtual Primary Care Services, Independent Doctors, as a matter of policy, will not prescribe lifestyle drugs such as Viagra (erectile dysfunction), Propecia (hair regrowth), and certain other drugs that they believe require direct examination or supervision.
Please see our prescription policy at https://www.fshealth.com/prescription-policy/ for details. Failure to prescribe any drug shall not be grounds for termination of your agreement with us nor shall it entitle you or your providing organization to a refund of any kind.
We have a contract with your providing organization that may include additional or overriding terms to these conditions. Please consult with your organization for details.
FSH reserves the right to limit use of the services to the extent necessary and may also limit access to any member abusing the services pursuant to the terms and conditions in this User Agreement.
RENEWAL OF MEMBERSHIP
Your renewal and ability to use the Service following your termination will be governed by the terms of our agreement with your providing organization. Please consult with your providing organization for details.
CANCELLATION
Cancellation of your membership will be governed by the terms of our agreement with your providing organization as well as this User Agreement. Please consult with your providing organization for details.
Your Electronic Health Record ("EHR") shall remain available to you notwithstanding your cancellation of a membership. If FSH intends to delete your EHR, it shall provide you with reasonable advance notice, at the last e-mail address provided by you, and afford you the opportunity to download its contents.
PRIVACY
FSH's Privacy Policy, located at http://www.fshealth.com/privacypolicy, describes FSH's collection and use of your personal and other information. The Privacy Policy is part of this agreement and you explicitly consent to FSH's use of your personal information as described therein.
YOUR ACCOUNT AND YOUR USE OF THE SERVICES
You must provide accurate and complete registration information when you register to use the Services. It is your responsibility to provide FSH with a true, accurate and complete e-mail address, physical mailing address, and other information related to your account, and to maintain and update promptly any changes in this information. You are responsible for maintaining the confidentiality and security of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify FSH of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. FSH shall not be liable for any loss or damage arising from your failure to comply with this User Agreement. RESTRICTIONS ON USE
You may search, retrieve, access, display, download and print content from the Website only for your personal, non-commercial use. Use of the Services is limited to registered and authorized users. You may not use the Services for any other purpose. You may not, for example, (i) modify, publish, distribute, transmit, systematically download, use automated means (including so called "crawlers," "bots" and "spiders") to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal use or as specifically permitted in this agreement, without FSH's written consent; (ii) reverse engineer, disassemble or decompile any section or technology on the Website or used in providing the Services; (iii) transfer or resell your access to the Services to any third party; (iv) use the Services in any harmful manner or interfere with any party's use or enjoyment of the Services; (v) send or otherwise transmit to or through the Services 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 Services or computers of any kind, and any unsolicited advertising, solicitation or promotional materials; (vi) misrepresent your identity or affiliation in any way; (vii) restrict or inhibit any person from using the Services, disclose personal information obtained from the Services or collect information about other users of the Services; or (viii) gain unauthorized access to the Services, to other users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Services. You agree to cooperate with FSH in causing any unauthorized use of the Services to immediately cease. In addition, you agree to refrain from abusive language and behavior that could be regarded as inappropriate, or conduct that is unlawful or illegal, when using the Services or the Website. In the event FSH determines that you have violated this section, FSH may, at its discretion, terminate your use of the Services.
Any party seeking permission for systematic access (automated queries, meta-search, etc.) should contact FSH using this form here.
OWNERSHIP
The material accessible within the Services, including text, data, images, interfaces and other materials or works of authorship (collectively, the "Content"), is owned or licensed by FSH. FSH and its licensors own all right, title and interest in and to the Services and Content, including all copyrights, trademarks and other intellectual property rights. Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of FSH, except that you may print out limited portions of the Content solely for your personal use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
MESSAGING AND RECORDINGS
FSH may contact you regarding information about the Services. You acknowledge and consent to receive communications by, but not limited to, email, regular mail, manual or automated text messages or SMS, MMS, push notifications or in-app messaging, manual or automated telephone calls, or other reasonable means now known or hereafter developed regarding your healthcare and other services through the contact information you provided, including your wireless number. You acknowledge that you may be charged for such calls by your wireless carrier.
All consultations with physicians for diagnostic purposes are recorded and made available to the calling member via their internal member dashboard. For quality assurance purposes, calls may be reviewed for customer service, data collection, and quality control purposes. By using the Services, you acknowledge and consent to the recording of phone calls or video calls between you and the physician. All members' information, including recordings, are considered to be Personal Health Information (PHI) and are covered by FSH's privacy policy.
CONTENT SUBMISSIONS
You retain ownership of all text, photos, graphics, or other material submitted or communicated to FSH through the Website or the Services for inclusion in your electronic health record. All information contained in your EHR will be maintained in confidence in accordance with our privacy policy. With respect to all other content you may provide on the site (e.g., blogs, comments, etc., collectively referred to as "User Generated Content"), you also retain ownership of this material. You hereby grant to FSH the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display, and to incorporate any User Generated Content in other works in any form, media, or technology now known or later developed. FSH will not be required to treat any User Generated Content as confidential, and may use it in its business (including without limitation, for products or advertising) without incurring any liability for royalties or other payment. FSH shall not be liable as a result of any similarities between User Generated Content and future FSH operations. You represent to FSH that you own or otherwise possess all necessary rights to use the User Generated Content for the purposes provided.
You may not post, send, submit, publish, or transmit in connection with the Services any material that (i) you do not have the right to post, including proprietary material of any third party, (ii) advocates illegal activity or discusses an intent to commit an illegal act, (ii) is vulgar, obscene or threatening, (iv) libels, defames, or invades the privacy of other users, (v) does not pertain directly to the subject matter of the Services or advertises another product or service, includes programs that contain viruses, worms, or any other malicious computer code, or includes any spamming or phishing messages; (vi) alters or modifies any of the Content or the Services; or (vii) contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
FSH reserves the right to monitor use of the Website to determine compliance with this agreement, as well the right to remove or refuse User Generated Content for any reason. Notwithstanding these rights, you remain solely responsible for the content of User Generated Content.
EXTERNAL LINKS
The Website may contain hyperlinks to other websites that are not owned or operated by FSH. These links are provided for your convenience, and FSH may receive commissions or other financial compensation from the owners of these websites. Hyperlinks are to be accessed at your own risk. FSH has no control over other websites and is not liable for any content, advertising, products, services or other materials on or available from those websites. Nonetheless, we wish to provide the best possible experience for our users, and we therefore invite feedback about any websites that are linked from within the Services.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE TO COPYRIGHT OWNERS
FSH owns, protects and enforces copyrights in its own creative material and respects the copyrights of others. Materials may be made available on the Services, or via the Services, by third parties not within the control of FSH. It is our policy not to permit materials known by us to be infringing to remain on this Website.
In accordance with the Digital Millennium Copyright Act, or "DMCA" (summary here), you should notify us promptly if you believe any materials displayed within the Services infringe your copyright. Regardless of whether we are liable for such infringement, our response may include removing or disabling access to material claimed to be infringing activity and/or terminating the alleged infringer's access to the Website. If we remove or disable access in response to your notice, we will make a good-faith attempt to contact the person who submitted the material so that they may have the opportunity to submit a counter notification.
Please send all notices to FSH at 233 N. Michigan Ave., Suite 1400, Chicago, IL 60601. Your notice of alleged copyright infringement should include:
Please note that under the DMCA, misrepresentations made in your notices or counter notices can expose you to liability for substantial damages. If you are not sure whether material available on the Website infringes your copyright, or whether material posted by you is infringing, you should seek legal advice.
SECURITY AND SECURITY VIOLATIONS
Passwords used to access the Services are for individual use only. Distribution of your user name or password to others for access to the Services is prohibited and may result in termination of your account or other liability. You are responsible for the security of your own password and for all activities that occur through the use of your account if accessed with your password, including liability for damages resulting from misuse. If you use a password that FSH considers insecure, FSH may require you to change the password or terminate your account. If you have reason to believe that your account with FSH is no longer secure, you must immediately notify FSH using this form here and request that your password be changed.
You may not attempt to violate the security of the Services, or use the Services to violate the security of other persons or websites or to violate the law, including by: (i) accessing data not intended for you or logging into an account that you are not authorized to access, (ii) attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures, (iii) attempting to interfere with service to any user, host or network, including without limitation, by submitting a virus to the Services, overloading, conducting "denial of service attacks," "flooding," "spamming," "mail bombing" or "crashing," (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services, spam or phishing messages, (v) forging any TCP/IP packet header or any part of the header information in any e-mail, (vi) attempting to alter or modify any of the Content or Services, or (vii) attempting to decipher, decompile, disassemble or reverse engineer any of the software making up any part of the Services.
FSH will take all reasonably necessary steps to investigate suspected violations of this agreement. FSH reserves the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing FSH to disclose the identity of anyone engaging in conduct that is believed to violate the law. FSH further reserves the right, in its discretion, to release your details to system administrators at other sites in order to assist them in resolving security incidents.
You release and hold harmless FSH from and against any claims resulting from any action taken by FSH during or as a result of its investigations and from any actions taken as a consequence of investigations by either FSH or law enforcement authorities.
Please review the following section with particular care, as they significantly affect your legal rights.
IMPORTANT DISCLAIMERS
You acknowledge that your use of the site and the services is at your sole risk. The services are provided on an "as is" and "as available" basis. FSH is not responsible for the acts or omissions of any medical or other health care providers or for the content that you access through the Services. FSH disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
Without limiting the generality of the above, FSH makes no warranties:
The Services include content, technology and other features provided by third parties, including the opportunity for users of the Services to purchase goods or services from third parties. FSH makes no warranties with regard to, nor does it endorse, the content, technology, goods or services provided by the third parties. Your recourse for dissatisfaction or problems with the foregoing must be pursued exclusively through the third party, and you agree not to make any claim against FSH with respect to those third party goods or services. Should you make any such claim against FSH, you will be responsible for all legal fees and expenses incurred by FSH, regardless of whether you prevail in the matter.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FSH, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY THE "FSH PARTIES") BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING PERSONAL INJURY, WRONGFUL DEATH, PRODUCTS LIABILITY, TORT, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE FSH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will the collective liability of FSH Parties to you (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $500 or the amount that has been paid to FSH for the services provided to you individually during the most recent 12-month period.
You agree that your providing organization will be responsible by reason of such payment for the Services provided to you by FSH or its contractors and you may not bring any claim against your providing organization with respect thereto. Your providing organization is an intended beneficiary of this agreement for the purpose of defending any claim you bring in violation of your agreements contained in this paragraph.
You agree to waive, to the fullest extent permitted by law, all laws that may limit the efficacy of indemnifications or releases, specifically including California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
INDEMNIFICATION
To the maximum extent permitted by law, you shall indemnify the FSH Parties for and defend the FSH Parties against all third-party claims, liabilities and expenses, including legal fees and costs, arising out of your use of the Services or your breach of any representation contained in or other provision of this agreement. FSH reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You will cooperate as fully as reasonably required in the defense of any claim.
DISPUTE RESOLUTION
If you have a membership, the parties agree that any dispute relating to this agreement shall be finally resolved by binding arbitration administered by JAMS in accordance with its Arbitration Rules, and judgment on the arbitration award may be entered in any court of appropriate jurisdiction in accordance with the Federal Arbitration Act. The place of the arbitration shall be in Chicago, Illinois.
If you obtained your membership through an organization, disputes will be resolved in accordance with the terms of our agreement with your organization.
AMENDMENT
FSH may modify this agreement at any time by posting the revised terms on the Website. Use of the Services after the effective date of any modifications posted on the Website will be deemed to be your acceptance of the changes. If you do not accept the agreement, you must discontinue use of the Services. Certain categories of users may be required to accept or reject modifications to this agreement during their next sign-on to the Services. Failure to accept the modifications may result in interruption of access to the Services.
The date of last revision to this agreement is indicated at the bottom of this page.
MISCELLANEOUS
This agreement shall be governed and interpreted pursuant to the laws of the State of Illinois (United States of America), without regard to its choice of law rules. If any part of this agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. FSH may provide notice to you by e-mail (effective upon transmission) or by written communication delivered by express courier (effective upon confirmed delivery), to the e-mail or street address you provided during registration. You may give legal notice to FSH by express courier (effective upon confirmed delivery) at 233 N. Michigan Ave., Suite 1400, Chicago, IL 60601 and, Attention: General Counsel.
CONTACT AND FEEDBACK
We welcome and encourage feedback, comments and suggestions for improvements to the Services ("Feedback"). You may submit Feedback here. You agree that all Feedback will become the sole and exclusive property of FSH and you hereby irrevocably assign to FSH all of your right, title, and interest in and to all Feedback.
Rev. 2022-11-15