Section 1. GENERAL TERMS AND CONDITIONS
Section 2. SETTING UP ACCOUNT
Users are required to set up an account (“Account”) prior to accessing services or contacting aan affiliated health care provider. Your employer or the long-term care facility where you reside, or any person that you authorize, may assist you with respect to setting up your Account. When setting up an Account, you or your authorized representative are required to enter your name, email address, password and certain other information collected by EZ depending on whether you are enrolling as a Member or health care provider. You may not transfer or share your password or Account (collectively, the “Account Information”) with anyone except your authorized representatives. You and your authorized representatives are responsible for maintaining the confidentiality of your Account Information. You and your authorized representatives agree to notify us immediately upon becoming aware of any unauthorized use of your Account Information or any other breach of security. You and/or your authorized representative are responsible for any and all use of your Account. Notwithstanding the above, EZ may rely on the authority of anyone accessing your Account or using your password and in no event and under no circumstances shall EZ be held liable to you for any liabilities or damages resulting from or arising out your use of the Website, your use of Account information or your release of the Account information to a third party. You may not use anyone else’s Account at any time.
Section 3. FEES
Responsibility for payment of all or part of the services available from EZ may rest with you, your employer, the long-term care facility where you reside, or another person or entity. If you are responsible for payment of services, please contact EZ’s Customer Services for your rates. If you are unsure if another entity or person may be paying for all or part of the services, please contact them for confirmation, or you may contact EZ’s Customer Service. If the services are self-pay, you are responsible for payment of all fees and charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due. Subject to the above, you may use a check or credit card to pay for all fees or charges for medical services rendered by affiliated health care providers. Unless otherwise notified, by providing EZ with your credit card number or PayPal account and associated payment information, you agree that EZ is authorized to immediately invoice your account for all fees and charges due and payable to EZ hereunder and that no additional notice or consent is required.
Rates may be modified or updated from time to time in the sole discretion of the affiliated health care providers. It is your own responsibility to remain informed about the current rates for the services made available through the Website. EZ shall give notice at least thirty (30) days prior to the effective date of any rate increase, unless such rate increase is caused by a change in law or regulation, or a change in the cost of providing services, in which case, EZ may give notice of an immediate rate change.
Section 4. SCOPE OF SERVICES
Members receive primary care services rendered by affiliated health care providers who are available to provide such services. Affiliated health care providers treat certain acute conditions, chronic conditions, and provide a limited scope of preventative services. If a health care provider is unable to treat you, you may be referred to a clinic or another health care provider, for which you will be responsible for all incurred expenses.
Should a health care provider determine that diagnostic testing is necessary, he or she may refer you for such diagnostic testing or initiate a bedside telemedicine visit (“BTV”) with a diagnostic services provider. EZ has affiliations with several mobile diagnostic services providers who will travel to a Member’s location and fulfill the required diagnostic services order. To the extent we have more than one mobile diagnostic providers in your area, you will have the ability to choose the provider you prefer to perform the BTV services or to simply decline the BTV service.
Section 5. AVAILABILITY OF HEALTH CARE PROVIDERS
All appointments with health care providers will be conducted via phone, smartphone, email, or video in your home or other remote location. In addition to scheduling such appointments via the EZ app, you may receive information about scheduling and available appointment times by calling EZ at 855-687-3963 or e-mailing email@example.com.
Section 6. NOT PROFESSIONAL MEDICAL OR HEALTH CARE ADVICE/NATURE OF SERVICES
EZ is not authorized or qualified to engage in any activity that may be construed or deemed to constitute the practice of medicine, the performance of any licensed health care service (such as the services provided by a physician), or other patient care services, and shall have and exercise absolutely no control or supervision over the provision of professional services provided by affiliated health care providers. EZ shall have arrangements with professionals who will conduct the patient care services.
You acknowledge and agree that EZ does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting Members with affiliated health care providers. You acknowledge and agree that the affiliated health care providers using the Website are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of affiliated health care providers, in their sole discretion, as they deem appropriate.
Section 7. ELECTRONIC COMMUNICATION
By submitting information through the Website, you consent to receive e-mail or telephonic communications. EZ may communicate with you by e-mail or telephone. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing and/or sent by mail or other means.
Video and in-home visits are a critical aspect of EZ’s ability to facilitate health care services provided by affiliated health care providers. Video conferencing, texting, and e-mail are not always secure mediums and there can be no guarantee that others will not access health information you share as an EZ Member. While EZ has taken reasonable steps regarding the privacy of your information, EZ does not guarantee the security of any technological mediums.
You acknowledge and agree that your expectation of privacy is limited by the nature of being a EZ Member, and despite this limited expectation of privacy, you agree to participate as a Member. In addition, if so requested, you are permitting affiliated providers to interact with you via video-conferencing, text, e-mail, and to enter your home to conduct in-home visits.
Section 8. LINKS TO OTHER WEBSITES
This website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement or recommendation by EZ or affiliated health care providers of the content on such third-party websites or as an indication of any affiliation, sponsorship or endorsement of or by such third-party websites. If you use any links, you will leave the EZ Website. EZ is not responsible for the content of linked third-party websites and does not make any representations regarding the privacy practices of, or any information or product or accuracy of materials found on such third-party websites. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
Section 9. INDEMNIFICATION
Section 10. NO WARRANTY
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE OR SERVICES IS AT YOUR SOLE RISK. BOTH THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EZ 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.
Section 11. LIMIT OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EZ 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 WEBSITE 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.
Section 12. TERMINATION
Member may terminate enrollment as a Member upon written or electronic notice to EZ by contacting EZ by the means shown below.
Section 13. CONTACTING EZ
EZaccessMD, LLC 1465 Jefferson Road, Rochester, NY 14623 (Attn: Customer Service)