NOTICE OF PRIVACY PRACTICES
|THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.|
This notice outlines the ways in which Bastion (dba “Bastion Health, Inc.”and/or “Bastion Health LLC”) may use and disclose medical information about you and the individually-identifiable health information which is considered “Protected Health Information (PHI).
Bastion protects you with respect to disclosure of your Protected Health Information by:
- limiting who may see, use, and further disclose this information, and
- informing you of our legal duties and your legal rights regarding this information.
Administration of all your rights is placed with the compliance department and can be contacted via email at email@example.com (“Compliance Department”).
USE AND DISCLOSURE OF PROTECTED HEALTH INFORMATION ABOUT YOU
The following describe different ways in which we, Bastion may use and disclose PHI about you without your individual consent. The individuals representing Bastion may include your direct treatment providers (who may be subcontractors or other workforce members of Bastion, “covered entities” for whom Bastion is an “indirect provider” or “business associate”, third-party administrators providing services or assistance to Bastion, or other third parties providing services or assistance to Bastion. The examples of uses and disclosures described in these categories do not necessarily describe how your PHI is currently being used or how your PHI may be used. However, all of the ways we are permitted to use and disclose your PHI will fall within one of the categories described below:
For Treatment (as a Provider). We may use PHI about you in your treatment. This may include uses and disclosures to provide, coordinate, manage, or supplement your health care and related services.
For Payment (as Provider). We may use and disclose PHI about you to bill or collect for the treatment and services we provide. In addition, we may tell a health care provider about an aspect of your medical history, for example, to determine whether the applicable plan will cover a particular treatment or additional treatment is warranted. Or, we may share PHI about you with a utilization review or authorization service provider. We also may share such information about you with a third party such as an insurance company to assist with the adjudication or subrogation of health benefit claims or to coordinate benefit payments.
For Health Care Operations (As Provider). We may use and disclose PHI about you in performing business activities called “health care operations.” For example, we may use such information in connection with: conducting quality assessment and improvement activities; reviewing the competency, qualifications or performance of healthcare professionals and providers; underwriting, premium rating, bill review and other activities relating to coverage under applicable plans which may cover our services; submitting claims for stop-loss (or excess loss) coverage; conducting or arranging for medical review, legal services, audit services, and fraud and abuse detection programs; business planning and development such as cost management; participating in quality control, utilization management, retrospective review and other functions with the hospitals for which we provide services; and other health care operational activities of Bastion. When operations activities require disclosures of PHI to Bastion personnel and/or third parties, it will be limited to the minimum necessary disclosures reasonably necessary for purposes related to accomplishing the specific task.
As Required by Law. We will disclose relevant PHI about you when required to do so by federal, state, or local law. For example, we may disclose such when required by a court order in a litigation proceeding such as a malpractice action.
To Avert a Serious Threat to Health or Safety. We may use and disclose PHI about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person.
Public Health Risks. We may disclose PHI about you for public health activities. These activities generally include the following: to prevent or control disease, injury or disability; to report births and deaths; to report child abuse or neglect; to report reactions to medications or problems with products; to notify people of recalls of products they may be using; to notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; and to notify the appropriate government authority if we believe an individual has been the victim of abuse, neglect or domestic violence. Such data may arise from one of our physical examinations or drug testing services, for example. However, we will only make such a disclosure when required or authorized by law.
Law Enforcement. We may release PHI about you if asked to do so by a law enforcement official; for example, in response to a court order, subpoena, warrant, summons, or similar process; to identify or locate a suspect, fugitive, material witness, or missing person; about an individual who is or is suspected to be a victim of a crime if, under certain limited circumstances, we are unable to obtain the individual’s agreement; about an individual who has died, whose death we suspect may be the result of criminal conduct; about criminal conduct occurring at a business or professional location of Bastion and in emergency circumstances to report a crime, the location of the crime, or victims or respecting the identity, description, or location of the person who committed the crime.
Health Oversight Activities. We may disclose PHI about you to a health oversight agency for oversight activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure.
Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, we may disclose PHI about you in response to a court or administrative order. We also may disclose such information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if reasonable efforts have been made by the party seeking the information to notify you about the request or to obtain an order protecting the information requested.
Organ and Tissue Donation. If you are an organ donor, we may release PHI about you to organ procurement organizations or other entities, engaged in the procurement, banking and transportation of organs, eyes, or tissue to facilitate organs, eyes, or tissue donation and transplantation.
Military and Veterans. If you are a member of the armed forces, we may release PHI about you as required by military command authorities. We also may release such health information about foreign military service to the appropriate foreign military authority.
Workers’ Compensation. We may release PHI about you as authorized by workers’ compensation or similar programs. These programs provide benefits for work-related injuries or illness.
Coroners, Medical Examiners and Funeral Directors. We may release PHI about you to a coroner or medical examiner to identify a deceased person, determine a cause of death, or to perform other such duties as authorized by law.
National Security and Intelligence Activities. We may release PHI about you to authorized federal officials for intelligence, counter-intelligence, and other national security activities authorized by law.
Correctional Institutions. We may release PHI about you to a correctional institution or law enforcement official having lawful custody, as necessary: for the institution to provide you with health care; to protect your health and safety or the health and safety of others; or for the safety and security of the correctional institution.
OTHER USES OF PROTECTED HEALTH INFORMATION
Other uses and disclosures of PHI not covered by this notice or the laws that apply to us will be made only with your written authorization. If you provide us written authorization to use or disclose PHI about you, you may revoke that authorization (also by writing) at any time. If you revoke your permission, we will no longer use or disclose medical information about you for the reasons covered by your written authorization. However, any disclosures we make prior to your revocation of your permission cannot be reversed.
YOUR RIGHTS WITH RESPECT TO PROTECTED HEALTH INFORMATION
You have the following rights regarding PHI we maintain about you:
Right to Inspect and Copy. You have the right to inspect and obtain a copy of PHI about you. To inspect and copy PHI, you must submit your request in writing to firstname.lastname@example.org. If you request a copy of the information, we may charge a fee for the costs of copying, mailing, or other supplies associated with your request.
We may deny your request to inspect and copy in certain circumstances. If you are denied access to PHI, you may make a written request that the denial be reviewed, addressed to email@example.com. Also, we may refer you to the hospital to provide certain information if the hospital maintains the information.
Right to Amend. You have the right to request an amendment of PHI about you for as long as the information is kept by or for Bastion. To request an amendment, your request must be made in writing and submitted to Bastion. In the written request, you must provide a reason that supports your request.
We may deny your request for an amendment if it is not in writing or does not include a reasonable basis for the request. In addition, we may deny your request if you ask us to amend information that: is not part of the PHI kept by or for Bastion was not created by us, unless the person or entity that created the information is no longer available to make the amendment; is not part of the information which you would be permitted to inspect and copy; or is accurate and complete.
Right to an Accounting of Disclosures. You have the right to request an accounting of disclosures of PHI about you, excluding disclosures made: to carry out payment or health care operations; incident to a use or disclosure otherwise permitted or required; authorized by you or made to you; for national security or intelligence purposes; to correctional institutions or law enforcement officials under applicable law; or as part of a “limited data set” as authorized by law.
To request an accounting of disclosures, you must submit your request in writing to firstname.lastname@example.org. Your request must state a time period which may not be longer than six years and may not include dates before January 15, 2021. Your request should indicate in what form you want the list (for example, paper or electronic). There may be a charge to provide you such a list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred. Also, we may refer you to the hospital to provide certain information if the hospital maintains the information.
Right to Request Restrictions. You have the right to request a restriction or limitation on the PHI we use or disclose about you for treatment, payment or health care operations. You also have the right to request a limit on the PHI we disclose about you to someone who is involved in your care, like a family member or friend.
To request restrictions, you must make your request in writing to the email@example.com. In your request, you must tell us, specifically: what information you want to limit; whether you want to limit our use, disclosure or both; and to whom you want the limits to apply, for example, disclosures to your spouse. We will attempt to honor such request if, in our sole discretion, the request is reasonable.
Right to Request Confidential Communications. You have the right to request that we communicate with you about PHI about you by alternative means or at alternative locations. For example, you can ask that we only contact you at work.
To request confidential communications, you must make your request in writing to the Privacy Official. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.
Right to a Paper Copy of This Notice. You have the right to a paper copy of this notice. You may ask us to give you a copy of this notice at any time. Even if you have agreed to receive this notice electronically, you are still entitled to a paper copy of this notice. To obtain a paper copy of this notice, please send a request to the firstname.lastname@example.org.
CHANGES TO THIS NOTICE
We reserve the right to change this Notice. We reserve the right to make the revised or changed notice effective for medical information we already have about you as well as any information we receive in the future. We will post a copy of the current notice on our website.
If you believe your privacy rights as described in this Notice have been violated, you may file a complaint with the Bastion at email@example.com. All complaints must be submitted in writing. You will not be penalized for filing a complaint.
You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
If you have any questions about this Notice, please contact firstname.lastname@example.org.
WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY?
We may collect information about you directly from you and from third parties, as well as automatically through your use of our app, site or services.
Information We Collect Directly from You. Users may browse the informational areas of the Site without registering with. However, registration is required to use the Services. Once a Healthcare Provider has registered with us and subscribed to our Services, the Healthcare Provider can then invite Patients to use the Services. After receiving an invite, the Patient would then need to register for a Bastion account to use the Services.
Healthcare Provider Registration. To register, Healthcare Providers must provide certain information about themselves and their practices including: the Healthcare Provider’s name, date of birth, gender, address, email, mobile and work phone; the Healthcare Provider’s practice name, address, phone number and fax number; and a user id and password. We may also collect certain optional information, including: middle name or initial, bank account or other payment information and other contact details, picture and communication preferences.
Patient Registration. Patients must provide certain information, including: name, date of birth, gender, address, email, mobile and work phone, as well as a user id and password. We may also collect certain optional information, including: middle name or initial, home phone and other contact info, pharmacy name and contact details, other demographic information, health insurance information, credit card number and billing details, picture and communications preferences. In addition, the Patient can communicate other health-related information to the Healthcare Provider during a video consultation via the Bastion mobile application.
Telemedicine involves remote interactions through telecommunication technologies between a health care provider and a patient at a different location, in order to provide real-time evaluation, diagnosis, consultation, and treatment of a health condition. The technologies may involve the use of telephone, video, or other two-way communication mediums, electronic patient portals, remote transmission and review of health information, or other methods. Information exchanged during your telemedicine visit will be maintained under the privacy rules and regulations required.
I understand that Bastion may:
- Conduct their practice and medical care in a different location than the one where I may be physically present;
- Not have the opportunity to perform an in-person physical exam of me at the time my telemedicine services are provided; and
- Rely on information given by me before and during our telemedicine services appointment;
Additionally, based on the above information, I understand:
- That I must provide information to the best of my knowledge and ability that is complete and accurate. This includes information about my medical history, condition(s), and current or previous medical care;
- That Bastion’s advice, recommendations, and/or decisions may be based on factors not within their control, such as incomplete or inaccurate data provided by me or the distortions of diagnostic images or specimen due to electronic transmission issues;
- That any telemedicine sessions or other electronic communications may be recorded for quality assurance purposes; and
- That telemedicine communications carry some level of risk of breach of confidentiality, and it is important to use a secure network with any electronic exchange.
I consent to being photographed, recorded, or videotaped and consent to the storage of the
encounter data, only if applicable. Link to Google Cloud Platform Storage Information. (GCP).
I am aware of any limitations that telehealth services present as compared to
a face-to-face encounter for that client’s situation such as the inability to perform hands-on
examination, assessment and treatment.
I consent to release information from my medical record to any other healthcare facility, provider to which my care may be transferred, or to any third-party payer for the purpose of obtaining payment of the account. Laws protecting the confidentiality of medical information also apply to telehealth, though there may be a potential for increased security risks with telehealth services.
I am aware of the potential for failure of the technologies used to provide telehealth services. I agree to hold harmless Bastion for delays in evaluation or for information lost due to such technical failures.
Last Updated: December 31, 2020
Bastion (“Bastion,” “Bastion Health, Inc.” “Bastion Health, LLC” “we,” “us,” or “our”) welcomes you. We invite you to access and use our online services (the “Services”), which are made available to you through a variety of platforms, including, but not limited to, https://getbastion.com/ (the “Website”) and our mobile app, which is accessible through tablets, smart phones, and other devices (the “Bastion App”). The Website and the Bastion App are collectively referred to as the “Platform.”
In addition, Bastion provides Providers access to our proprietary web-based application (the “Clinical Dashboard”), subject to the terms and conditions of a separate agreement between each Provider and Bastion (“Clinical Dashboard Agreement”).
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
The Platform and Services are intended to connect you with third party health care professionals, such as urologists and nurse practitioners (“Providers”), so that Providers can provide you a remote men’s urological health management program, which may include screening, assessment, recommendations and follow-up. You acknowledge and agree that Bastion Platform does not itself provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment. The contents of the Platform and the Services, such as articles, videos, graphics, images, services descriptions, instructions, and other material contained on the Platform and the Services (“Content”) are for informational purposes only. The provision of such Content does not create a doctor-patient relationship, and does not constitute a medical opinion, medical advice, or diagnosis or treatment of any particular condition. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
Description of Services
Through the Platform, we offer a variety of Services, including but not limited to information and connection to healthcare Providers and their practices (including but not limited to, their name, education, and expertise). The Services are also designed to connect you with Providers that provide services, including but not limited to urological services. If you use the Services to connect with a Provider, then the Services may also provide informational and educational urological treatment recommended by the Providers, a real-time monitoring and analysis tool that streamlines provider-user communications, and a Clinical Dashboard that allows Providers to track and monitor their User’s symptoms and progress.
We provide Visitors and Users with access to the Services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly-available Content on the Website; and (ii) e-mail us.
Users. Login is required for all Users. Users can do all things that Visitors can do, and can: (i) create, access, manage, and update their accounts; (ii) schedule a video chat consultation with a Bastion Provider; (and (iv) access and use the Services.
Providers. Providers can do all things that Visitors can do, and can: (i) create, access, manage, and update their accounts; (ii) create a profile that describes their education, location of clinic(s), expertise and other information related to their practice or services; (iii) post content through the Services (collectively, “Provider Generated Content”); and (iv) track and monitor User’s progress through the Clinical Dashboard. Providers’ relationship with Bastion is governed by separate agreement between Provider and Bastion. As noted above, Providers’ access to and usage of the Clinical Dashboard is governed by the Clinical Dashboard Agreement.
License To Use the Bastion App
Use of Data
If you are a Provider, any data and information about your patients that you submit through the Clinical Dashboard or that is otherwise made available to you through the Clinical Dashboard (the “Patient Data”) is subject to the terms and conditions set forth in the Clinical Dashboard Agreement. Disclaimer
Please be advised that:
- It is ultimately your decision whether or not to use a Provider made available via the Services. We make no, and hereby disclaim all, representations, warranties, claims, and assurances as to any Provider Generated Content posted by Providers’Community Guidelines
Bastion’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Platform, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
- You will comply with all applicable laws in your use of the Platform and will not use the Platform for any unlawful purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other intellectual property or proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, promotes illegal activity, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not access or use the Platform to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, malware, other harmful code, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements, legal notices, and/or safety features (e.g., report abuse button) on the Services;
- You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
- We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform, without notice, and to remove any content that does not adhere to these Community Guidelines.
You need to be at least 18 years of age to use the Platform and Services, and the minimum age required depends on your contract for use of the Platform and Services (which may be a contract your employer has entered into with Bastion). Please check the minimum age before using the Platform or Services and note that Bastion takes no responsibility for use of the Platform and Services by anyone who is below the minimum allowed age. No one under 18 years of age may use the Platform or Services.
Use of Personal Information
If you would like to use the Bastion App as a User or Visitor, you will need to download the Bastion App by clicking on the personalized download link provided to you by Bastion. Upon downloading or accessing the Bastion App, you will be required to register by creating an account. During the registration process, you will be asked to provide your name and email address and create a username and password for your account.
You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are responsible for the confidentiality of your account. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.
If you are a User, you agree to pay all applicable fees made known to you during the registration process (“Fees”).
We may use a third party payment vendor (“Third Party Payment Vendor”) to process your payment of the Fees. You warrant and represent that you are the valid owner or an authorized user, of the credit card or payment account that you provide to such Third Party Payment Vendor, and that all information you provide is accurate.
We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.
We retain all right, title and interest in and to the Platform, the Services and all software and other technology relating to the Platform and the Services and all associated intellectual property rights. As between us and you, and subject to your rights, if any, in the User Generated Content or the Provider Generated Content provided through your account as set forth below, we retain all right, title and interest in and to all content available through the Services (the “Bastion Content”). The Bastion Content may be owned by us or our licensors, and is protected under both United States and foreign laws. Unauthorized use of the Bastion Content may violate copyright, trademark, and other intellectual property rights or laws. You have no rights in or to the Bastion Content, and you will not use the Bastion Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary or legal notices contained in the original Bastion Content. You may not sell, transfer, assign, license, sublicense, or modify the Bastion Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Bastion Content in any way for any public or commercial purpose. The use or posting of the Bastion Content outside the platform or on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Bastion Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Bastion Content.
The trademarks, service marks, and logos of Bastion (“Bastion Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Bastion. Other company, product, and service names located on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Bastion Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Bastion Trademarks inures to our benefit.
Elements of the Services are protected by trade dress, trademark, copyright, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Bastion Content may be retransmitted without our express, written consent for each and every instance.
Provider Generated Content
Providers may post and/or create content through the Services, including but not limited to, exercise videos or images (collectively, the “Provider Generated Content”). We cannot and do not review it all. That said, we may remove Provider Generated Content that violates the terms of this Agreement, or that is offensive or otherwise unacceptable to us in our sole discretion.
Communications with Us
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use and be the owner of any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you. Please contact email@example.com. No Warranties; Limitation of Liability
NONE OF BASTION, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “Bastion PARTIES”) ENDORSE ANY CONTENT PROVIDED THROUGH THE PLATFORM AND THE SERVICES, ANY USER, PROVIDER, USER GENERATED CONTENT, PROVIDER GENERATED CONTENT AND/OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED BY ANY USER OR PROVIDER THROUGH THE PLATFORM AND THE SERVICES. YOU ACKNOWLEDGE THAT THE PLATFORM MERELY ACTS AS A VENUE THAT ALLOWS USERS TO COMMUNICATE WITH THEIR PROVIDERS. NONE OF THE Bastion PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN YOU AND YOUR PROVIDER OR FOR ANY RESULTS CAUSED BY USING THE PLATFORM AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS YOU MAY SUFFER. THE CONTENT PROVIDED ON THE PLATFORM, THE SERVICES AND ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH THE PLATFORM AND THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU THINK YOU OR SOMEONE ELSE MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE EMERGENCY ROOM IMMEDIATELY.
YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM, AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL USER GENERATED CONTENT AND PROVIDER GENERATED CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NONE OF THE Bastion PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, OR QUALITY OF WORK OF THE PROVIDERS, ANY THIRD-PARTY CONTRIBUTORS, OR CONTENT THEY PROVIDE THROUGH THE PLATFORM AND THE SERVICES. NONE OF THE Bastion PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE ACCURACY AND COMPLETENESS OF THE CONTENT AS IT RELATES TO MEDICAL HISTORY OR MEDICAL RECORDS.
IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM, INCLUDING ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS,WE SHALL NOT BE LIABLE FOR: (I) ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR (II) ANY LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION ACCESS AND USE THE SERVICES OR THE CONTENT, IN ALL CASES REGARDLESS OF LEGAL THEORY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (III) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR THE CONTENT SHALL BE LIMITED TO MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
THE PLATFORM AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS, INCLUDING WITH RESPECT TO INFORMATION ABOUT THE PROVIDERS AND/OR THE PHYSICAL THERAPY EXERCISE. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRICING, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE PLATFORM AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AND THE SERVICES AT ANY TIME WITHOUT NOTICE.
WE MAY PROVIDE INFORMATION OBTAINED FROM THIRD PARTY CONTRIBUTORS AND LINKS TO THIRD PARTY WEBSITES FOR INFORMATIONAL PURPOSES ONLY. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY SUCH INFORMATION OR THIRD PARTY WEBSITES.
The Platform and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold harmless the Bastion Parties from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Bastion Content, the Services, or the Platform; (iii) any User Generated Content provided through your accounts; (iv) your violation of any third-party right, including without limitation any intellectual property, or privacy right, or your violation of any law, rule, regulation or professional codes of conduct or similar standards applicable to your profession and/or practice; or (v) any claims brought against any Bastion Party by a Provider, a User or any other third party as a result of your acts or omissions.
Compliance with Applicable Laws
The Platform and the Services are based in the United States, and are intended to be used only by residents of the United States within the United States. We make no claims concerning whether the Platform, the Services, the Content, the Provider Generated Content or the User Generated Content may be downloaded, viewed, or be appropriate for use outside of the United States. This Agreement does not authorize you to access the Platform, the Services, the Bastion Content, the Content, the Provider Generated Content or the User Generated Content from outside of the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform and/or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform and/or the Services at any time without prior notice or liability.
Digital Millennium Copyright Act
Bastion respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any notification of claimed infringement, which may be given under that Act is as follows:
Bastion Health, Inc.
If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including: (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
In the event of a dispute arising under or relating to this Agreement or the Services or any other products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Bastion from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Bastion’s proprietary interests.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
This Agreement is governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws provisions. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications with Us,” “Provider Warranties,” “No Warranties; Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.