SIDELINE ORTHO TERMS OF USE
IMPORTANT-READ CAREFULLY: BY ACCESSING AND USING THE SIDELINE ORTHO SERVICE, YOU ACKNOWLEDGE AND AGREE TO BE CONTRACTUALLY BOUND BY THESE TERMS OF USE, INCLUDING THE Privacy Rights and Practices Agreement. IF ANY OF THE TERMS OF USE ARE NOT ACCEPTABLE TO YOU, DO NOT USE THE SERVICE.
THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, CLINICAL EXPERTISE, PROFESSIONAL MEDICAL ADVICE, EXAMINATION, DIAGNOSIS, OR TREATMENT. IF YOU HAVE QUESTIONS ABOUT THE SERVICES PROVIDED TO YOU, DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN INDEPENDENT DISCRETION AND RISK.
I. Terms of Use.
(A) Acceptance of Terms. Welcome to Sideline Ortho. SDR Health Incorporated, a Delaware corporation d/b/a Theos Health, which operates Sideline Ortho (“Sideline Ortho”), has developed a proprietary software application and hosted website (the “Platform”) that connects orthopedic professionals and/or athletic trainers with individuals seeking information regarding a certain condition or injury (collectively, the “Service”). These Terms of Use are a legal agreement between You and Sideline Ortho governing Your use of the Service. By clicking “Accept” or using the Service in any way, You are (1) agreeing to be bound by these Terms of Use, the Privacy Rights Agreement posted on the Platform which are incorporated herein by reference (“Privacy Agreement”), or about which You are notified (collectively, the “Agreement”), and (2) confirming that You are either 18 years of age or older and able to form legally binding contracts or have provided Sideline Ortho with parental consent as described below. If You do not agree with all the terms of the Agreement, are not 18 years of age or older, OR HAVE NOT PROVIDED ORTHO SIDELINE WITH ALL APPLICABLE CONSENTS, do not use the Service.This Agreement constitutes the entire and only agreement between us and You and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Service, and the subject matter of this Agreement.
(B) Electronic Communications; Right to Modify Terms. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. If You choose to set up an account with us, You agree to provide us with, and maintain in Your Sideline Ortho account profile Your current and active e-mail address. This Agreement may be amended at any time from time to time by us without specific notice to You. The latest Agreement will be posted on the Platform, and You should review this Agreement prior to using the Service. By accessing the Service, You agree to be bound by the terms of the latest Agreement posted on the Platform.
(C) Definitions. In this Agreement, “User,” “You” and “Your” refer to You as the user of the Service. “Sideline Ortho,” “we,” “us” and “our” refer to Sideline Ortho Care, Inc. and our successors, partners, affiliates, subsidiaries and assigns. “Content Provider” refers to any third party entity, organization or individual that supplies content for the Service. “Content” refers to information available through the Service from Sideline Ortho, Content Providers. “Submissions” refer to information that You provide to Sideline Ortho through the Service, including, without limitation, data, video and/or images.
(D) Right to Use; Limitations. For so long as You comply with all terms and conditions of this Agreement, Sideline Ortho hereby grants to You the limited, personal, non-exclusive, non-transferable right to use the Service. Sideline Ortho reserves all rights not expressly granted to You. Sideline Ortho is accessible only to Users located in and accessing Sideline Ortho in certain jurisdictions within the United States. If You are located in a jurisdiction other than the United States or in areas of the United States in which Sideline Ortho is unavailable, You will receive a message to that effect, and You will not be permitted to use or be charged for use of the Service.
II. Medical Disclaimers.
(A) EMERGENCY SITUATIONS. IF YOU ENCOUNTER OR HAVE A MEDICAL EMERGENCY, PLEASE DO NOT USE THE SERVICE AND INSTEAD CONTACT 911, AN EMERGENCY MEDICAL OR HEALTHCARE PROVIDER, OR YOUR LOCAL DOCTOR. IF YOU NEED NON-EMERGENCY MEDICAL OR HEALTHCARE SERVICES, CONTACT A PHYSICIAN, PHARMACIST OR ANOTHER QUALIFIED MEDICAL PROFESSIONAL. The Service is not the appropriate venue to deal with such situations.
(B) Communication and Information Venue Only. The Service is a venue for general information and communication purposes only. Sideline Ortho is not providing online medical examinations or consultations, is not offering telemedicine, does not provide any patient-specific or patient-identifiable medical evaluation, diagnosis or treatment and does not constitute or communicate information from a medical device or medical equipment. Users of the Service, not Sideline Ortho, provide all Submissions to the Service. Sideline Ortho will not be accountable for any repercussions arising from compromised data and/or image(s) supplied by You. You are responsible for the integrity and quality of the Submissions supplied. There are no pharmacists involved in the identification of medication. Once a medication is identified by the Service, You must confirm such identification. Sideline Ortho is not involved in the contact, conversation and/or relationship between patients and healthcare providers concerning a patient’s medication or treatment. Individuals should contact and visit a licensed physician for healthcare treatment. Sideline Ortho will not obtain nor does it intend to qualify for any professional healthcare license or approval of any kind to provide access to the Service. We reserve the right in our sole discretion to modify, edit or delete any Content, documents or information appearing on the Site at any time without notice. You understand and agree that Sideline Ortho does not evaluate the quality of medication, medication prescribing or medical care.
(C) No Medical Advice; No Patient-Doctor Relationship. Content available and responses provided through the Service are to be used for general information purposes only, not as a substitute for in-person evaluation or specific medical advice. Sideline Ortho will not give Users a list of all of the significant risks and considerations necessary to make an informed written consent regarding any medication or treatment. Complete information, including the risks and benefits of a particular medication or treatment, may only be obtained from, and an informed written consent may only be provided to, a duly licensed and qualified medical professional responsible for Your or the patient’s care and treatment.
SIDELINE ORTHO WILL PROVIDE ONLY THE SPECIFIC SERVICES IDENTIFIED HEREIN AND WILL NOT RESPOND TO OR ADDRESS ANY QUESTIONS OF A MEDICAL NATURE, INCLUDING INFORMATION REGARDING THE APPROPRIATENESS OF ANY TREATMENT. THE INFORMATION PROVIDED THROUGH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, EXAMINATION, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL. ANY USE OF INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN INDEPENDENT DISCRETION AND RISK. NOTHING COMMUNICATED THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.
You acknowledge that although some of the content that is provided to You THROUGH the SERVICE (INCLuding responses) is medical in nature, it does not create a medical professional-patient relationship and does not constitute an opinion, medical advice, EXAMINATION, diagnosis or treatment of any particular condition. No PATIENT-DOCTOR OR OTHER professional relationships shall be formed on or through USE OF THE SERVICE.
(D) Communications Not Privileged. Communications on the Service are not the subject of any particular privileges, including, without limitation, the doctor-patient privilege. Communications on the Service are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations by and visits with healthcare professionals.
III. User RESPONSIBILITIES.
(A) User Accounts. You must subscribe to and, if applicable, pay for access to certain portions of the Service. If You subscribe to the Services, You will establish a user name and password for access to Your online account. You are responsible for maintaining the confidentiality of Your user name, password and User account data, and You are solely responsible for all acts, omissions or access to information in Your User account. You will immediately notify Sideline Ortho of any unauthorized use of Your user name, password or User account. You should create only one account for the Service. If any Sideline Ortho account of Yours has been suspended or terminated, You may not open another account for the Service.
(B) Right to Refuse Service. At any time, without notice, for any or no reason, Sideline Ortho reserves the right to refuse Service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate a User’s account.
(C) MINOR PARENTAL CONSENT. In the event You are under the age of 18, PRIOR TO USING THE SERVICE, YOUR PARENT OR OTHER LEGAL GUARDIAN SHALL PROVIDE A FULLY COMPLETED FORM OF PARENTAL CONSENT, A COPY OF WHICH CAN BE FOUND HERE, TO SIDELINE ORTHO.
IV. OWNERSHIP; PROPRIETARY RIGHTS.
(A) Ownership of Service and Platform. All right, title, interest and IP Rights in and to the Service (in whole and in part, including, but not limited to, the Documentation, Content, images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Service), the Platform, any materials accompanying the Service and Platform, and any and all copies and derivations of the same are and shall remain the sole and exclusive property of Sideline Ortho or its Content Providers. Unless otherwise allowed pursuant to the terms of a written agreement between You and Sideline Ortho, no page from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercialized, distributed in any way, or incorporated into any other website or electronic or mechanical information retrieval system, except as expressly set forth in this Agreement. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Platform are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Other company names, product names and content displayed on the Platform may be the trademarks or copyrights of their respective owners. Certain Content accessible through the Service may have different copyright conditions which will be noted in those documents. The copying, redistribution, use or publication by You of any such matters or any part of the Platform, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any Content, documents or other materials viewed through the Platform. The posting of Content, information or materials on the Platform by Sideline Ortho does not constitute a waiver of any rights in such information and materials.
(B) Limited Right to Download. If made available to You by Sideline Ortho, you may download one copy of Content viewed through the Service on any single computer for Your personal, non-commercial use only (but not for resale or redistribution), provided You keep intact all copyright and other proprietary notices. Unless otherwise allowed pursuant to the terms of a written agreement between You or Your Employer and Sideline Ortho, modification or use of the Content for any other purpose is a violation of Sideline Ortho’s or its Content Provider’s copyrights and other proprietary rights. Unless otherwise allowed pursuant to the terms of a written agreement between You and Sideline Ortho, the use of any such material on any other website or networked computer environment is prohibited.
(c) Restrictions. You may not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform or Service, or assist any other person or entity in doing so. You may not modify, copy, reproduce, republish, upload, transmit, or distribute in any way Content, including Pill images and identification functions, available through the Service, including code and software, for commercial purposes. For permission to use third-party materials appearing in the Service, please contact the copyright owner.
(D) Your Submissions and User Comments. Subject to the limitations set forth herein and in the Privacy Agreement, You hereby grant to Sideline Ortho a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sub-licensable (through multiple tiers) right to exercise all copyright, publicity and database rights (including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works), in and to Your Submissions, in any media now known or unknown. The rights granted to Sideline Ortho hereunder include the right to use and transmit Your Submissions to third parties and the unlimited right to use Your Submissions in de-identified, aggregate form (i.e., in a form that does not identify the Submissions to You). You agree that materials, ideas, comments and testimonials You submit on the Service or other venues (e.g., Facebook, blogs or Twitter), or to the Service administrator or any employee, officer or agent of Sideline Ortho (“User Comments”), will not be considered confidential and may be used by Sideline Ortho, in its sole discretion, without any obligation to compensate for use of or to return any User Comments. You agree that You have all rights to make Submissions and submit User Comments. Submissions and User Comments You provide through the Service and Your use of our Service shall not: be fraudulent, inaccurate, misleading; infringe any third party’s proprietary rights or rights of publicity or privacy; be illegal or violate any applicable law or regulation; be defamatory, libelous, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography; contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any Service, data or personal information; create liability for us or cause us to lose (in whole or in part) the services of our Internet service provider or other suppliers; or link any other web-site or service directly or indirectly to the Site or Service. You may not resell or make any commercial use of our Service or the Content on the Site without Sideline Ortho’s prior written consent, which consent we may withhold in our discretion.
V. NO ENDORSEMENT OF THIRD PARTY PRODUCTS OR SERVICES.
(A) Third Party Products or Services. Sideline Ortho may present to Users of the Service products and services offered by non-Sideline Ortho entities. Placement of information, logos, links or names of such non-Sideline Ortho entities on the Platform does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronize any such third party site or entity and hold Sideline Ortho harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) exists or should be assumed to exist between Sideline Ortho and such Third Party or between Sideline Ortho and any third party User of the Service.
(B) Third Party Comments. Sideline Ortho does not endorse and has no control over the content of any User Comments submitted by others. User Comments submitted to the Site are not necessarily reviewed by Sideline Ortho prior to posting and do not necessarily reflect the opinions or policies of Sideline Ortho. Sideline Ortho makes no warranties, express or implied, as to the content of any User Comments on the Site or elsewhere or the accuracy and reliability of the same. Sideline Ortho reserves the right to prevent submission of User Comments to the Site and to edit, change and/or remove any User Comments for any reason whatsoever without prior notice.
VI. LIMITED WARRANTIES; DISCLAIMER.
(A) Limited Warranty. Sideline Ortho has the right to grant the license and provide the Service to You on the terms of this Agreement. Significant effort has been made to ensure that the information provided by Sideline Ortho through the Service is accurate, up-to-date, and complete, but in no event does Sideline Ortho represent or warrant the accuracy or completeness of such information. In addition, You expressly acknowledge that any information provided through the Service may be time sensitive. It is Your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion, response or other Content available through the Service, from third parties or obtained through a linked third party site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, answer, the Service, Content or any third party service or product.
(B) Disclaimers. EXCEPT AS EXPRESSLY SET FORTH ABOVE: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY OR THROUGH SIDELINE ORTHO OR THE SERVICE SHALL IMPLY THE CREATION OF ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER BY SIDELINE ORTHO OR CONTENT PROVIDERS. THE SERVICE AND RELATED INFORMATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIDELINE ORTHO DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIDELINE ORTHO DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE SERVICE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL SIDELINE ORTHO BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S USE OF THE PLATFORM. USE OF THIS PLATFORM IS AT EACH USER’S SOLE RISK.
(C) Press Releases and Third-Party Press About Sideline Ortho. The Service may contain press releases and other information about Sideline Ortho and the Service. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Sideline Ortho. Likewise, third-party press about Sideline Ortho or the Service should not be relied upon as being provided or endorsed by Sideline Ortho.
VII. INDEMNIFICATION; RELEASE; LIMITATION OF LIABILITY.
(A) Indemnification. You agree to indemnify and hold Sideline Ortho, any and all parent, subsidiary, and affiliate organizations, and their respective officers, directors, agents, shareholders, members, managers, advisors, consultants, employees, successors and assigns (collectively, “Protected Parties”) harmless from and against all losses, costs, liabilities, expenses (including reasonable attorneys’ fees and expenses), claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Losses”), that are in any way due to or arising out of Your use of the Service, including when such use is in violation of the Agreement, unless caused by the gross negligence or willful misconduct of Sideline Ortho. You further agree to indemnify and hold Protected Parties harmless from Losses arising out of or relating to any agency or third party review, audit, investigation or action with respect to any use or disclosure of Services or data arising out of Your use of the Service, unless caused by the gross negligence or willful misconduct of Sideline Ortho. Sideline Ortho reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify any of the Protected Parties, and You agree to cooperate with Sideline Ortho’s defense of such claims. Sideline Ortho will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon Sideline Ortho becoming aware of it. Sideline Ortho shall not be liable or responsible to verify information that You or any other Users provide, access or store or if any such information is not accurate or untruthful, and each User shall indemnify and hold harmless Sideline Ortho and the other Protected Parties from all Losses arising out of or in connection with any inaccurate or untruthful information provided by the User.
(B) Release. You are responsible for Your acts in connection with the Service. The Service is merely a communication tool. You indemnify, hold harmless and release the Protected Parties from and against any and all Losses arising out of or in any way connected with such dispute. You also agree to release the Protected Parties from any Losses arising from Your breach of this Agreement, and you hereby agree to indemnify, defend and hold the Protected Parties harmless from any Losses, arising from or related to the breach by You of this Agreement.
(C) Limitation of Liabilities. IN NO EVENT SHALL SIDELINE ORTHO, ITS LICENSORS, SUPPLIERS, CONTENT PROVIDERS OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, ADVISORS, CONSULTANTS, EMPLOYEES, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, SERVICES OR THE AGREEMENT BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, OR THE LIABILITY OF OUR LICENSORS, SUPPLIERS, CONTENT PROVIDERS, AND OUR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ADVISORS, CONSULTANTS, SUCCESSORS OR ASSIGNS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED ONE HUNDRED DOLLARS (US $100.00). SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
VIII. Choice of Law; Dispute Resolution. The Agreement shall be governed by, and construed in accordance with the laws of the State of Alabama, without regard to its conflicts of law provisions. In the event of any dispute, claim, question or disagreement (“Claim”) between You and Sideline Ortho arising from or relating to Your use of the Service, You and Sideline Ortho will attempt, in good faith, to resolve any Claim within thirty (30) days after written notice of the Claim. Any Claim not so resolved shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, using the Expedited Procedures. Judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator shall be an individual generally skilled in the legal and business aspects of the subject matter of this Agreement. The arbitrator shall have no authority to impose penalties or award punitive damages. The arbitration shall take place in Alabama, and the arbitrator shall apply the law of the State of Alabama and applicable rules of evidence. If all parties and the arbitrator agree, arbitration may take place by telephone or by written communication. Unless the arbitrator otherwise directs, the parties, their representatives, other participants, and the arbitrator shall hold the existence, content, and result of the arbitration in confidence. No action, regardless of form, related to the obligations of the parties under this Agreement may be brought by either party against the other more than one (1) year after the cause of action has accrued. In any proceeding to enforce this Agreement, the prevailing party will have the right, in addition to its other rights hereunder, to recover its reasonable litigation costs and reasonable attorneys’ fees.
Nothing in this Section shall preclude any party from seeking equitable relief from a court of competent jurisdiction or exercising any self-help remedies, whether before, during or after the pendency of any arbitration proceeding. The parties agree that taking any such action does not waive any right that either party has to demand arbitration at any time with respect to subsequent or amended disputes claimed or filed against a party after commencement of litigation. BY AGREEING TO THESE TERMS AND CONDITIONS, ALL PARTIES AGREE TO WAIVE ANY RIGHTS TO A JURY OR COURT TRIAL. If any provision of this dispute resolution procedure is held invalid or unenforceable, the remaining provisions shall remain in full force and shall not be affected by the invalidity of any other provision.
IX. Entire Agreement; Assignment; Miscellaneous. This Agreement, the Privacy Agreement and any other terms of use constitute the complete and exclusive statement of the agreement between You and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter hereof. If there is a conflict between an oral or written representation of any Sideline Ortho employee or agent and the Agreement, the Agreement will prevail. The Agreement will prevail over other rules and policies on the Service. To the extent that anything in or associated with the Platform is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed either a waiver of such provision or a waiver of the right to enforce such provision. If any provision of the Agreement is held by an arbitrator or court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. The provision of the Agreement which, by their terms should survive termination or expiration of this Agreement, shall survive the termination or expiration hereof. Sideline Ortho may assign this Agreement to any other entity of its choosing, with or without notice to You. You may not assign this Agreement to any other party without the prior written consent of Sideline Ortho. Sideline Ortho shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by Sideline Ortho. No delay or omission on the part of Sideline Ortho in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance.
END OF SIDELINE ORTHO TERMS OF USE
Sideline Ortho Consent Form
You understand and agree with the following:
Use of the Sideline Ortho Platform may involve the use of electronic communications to enable health care providers at different locations to share individual patient medical information for the purpose of improving patient care and coordinating follow on in person medical care. As used in this agreement, the types of medical professionals utilized by SDR Health Incorporated, d/b/a Theos Health (“Provider”) in connection with the Sideline Ortho Platform may include athletic trainers and other healthcare providers who are associated with Provider. In the event you are the guardian or legal representative of a minor utilizing the Sideline Ortho Platform or receiving any services through the Sideline Ortho Platform, you acknowledge and agree that you have the authority to consent to the minor utilizing the Sideline Ortho Platform, disclosing all requested information in the Sideline Ortho Platform and receiving such services, as described below. The information provided to facilitate the use of the Sideline Ortho Platform and receive the services offered thereby may be used for diagnosis, therapy, follow-up and/or education.
Utilization of the Sideline Ortho Platform requires transmission, via Internet or tele-communication device, of health information and other personal data, which may include: (a) name, address, email address, phone number and social security number; (b) description of medical conditions; (c) videos, pictures, text messages, audio and any digital form of data; (d) bio-physiological data transmitted electronically; and (e) progress reports, assessments, or other intervention-related documents
Information obtained during the use of the Sideline Ortho Platform that identifies you will not be given to anyone without your consent, except for the purposes of internal improvement and analysis, treatment, education, billing and healthcare operations. By agreeing to use the Sideline Ortho Platform, you are consenting to Provider and its parent companies, subsidiaries, and affiliates sharing of your information, including without limitation your protected health information, with certain third parties as more fully described in Provider’s Privacy Policy. You understand, agree, and expressly consent to Provider obtaining, using, storing, and disseminating to necessary third parties, information about you, including your image, as necessary to provide the services offered through the Sideline Ortho Platform.
As with any Internet-based communication, you understand that there is a risk of security breach. Electronic systems used will incorporate network and software security protocols to protect the confidentiality of your identity and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
Individuals other than those healthcare professionals directly connected with on the Sideline Ortho Platform or consulting providers may also be present and have access to your information during your use of the Sideline Ortho Platform. This is so they can maintain the Sideline Ortho Platform and all equipment used in connection therewith. These persons will adhere to applicable privacy and security policies.
A live healthcare professional may not always available through the Sideline Ortho Platform. Disruptions of signals or problems with the Internet’s infrastructure may cause broadcast and reception problems (e.g., poor picture or sound quality, dropped connections, audio interference) that prevent effective interaction between you and Provider or a healthcare professional via the Sideline Ortho Platform.
You understand and agree that the health information you provide during your use of the Sideline Ortho Platform may be the only source of health information used or referenced by any medical professionals during the course of your use of the Sideline Ortho Platform, and that such professionals may not have access to your full medical record or any other information.
You understand how the video conferencing technology utilized by the Sideline Ortho Platform will be used to connect me and a healthcare professional, if available, and that such consultation will not be the same as a direct patient/health care provider visit due to the fact that you will not be in the same room as your health care provider. You consent to photographs, digital or audio recordings, and/or images being recorded for patient care, security purposes and/or the Provider’s health care operations purposes (e.g., quality improvement activities). You understand that Sideline Ortho Platform retains the ownership rights to the images and/or recordings. You will be allowed to request access to or copies of the images and/or recordings when technologically feasible unless otherwise prohibited by law. You understand that these images and/or recordings will be securely stored and protected. Images and/or recordings in which You are identified will not be released and/or used outside the facility without a specific written authorization from you or your legal representative unless otherwise permitted or required by law.
You understand that the Sideline Ortho Platform is not intended and should not be used for the evaluation or treatment of a life threatening or emergency condition and that some parts of any consultation involving physical tests may be conducted by individuals at your location at the direction of the health care professional connecting with me via the Sideline Ortho Platform.
You have the right to withhold or withdraw consent to the use of the Sideline Ortho Platform at any time and revert back to the use of only traditional in-person services.
General Consent for Care and Treatment.
When you consult with a Provider through the Sideline Ortho Platform, you have the right, as a patient, to be informed about your condition and the recommended treatment to be used so that you may make the decision whether or not to undergo any suggested treatment or procedure after knowing the risks and hazards involved. At this point in your care, no specific treatment plan has been recommended. This consent form is simply an effort to obtain your permission to perform the evaluation necessary to identify the appropriate treatment and/or procedure for any identified condition(s). This consent provides Sideline Ortho Platform with your permission to perform reasonable and necessary medical examinations, testing and treatment. The consent will remain fully effective until it is revoked. If you have any concerns regarding any test or treatment recommend by your Provider, you are encouraged to ask questions.
Consent to Treatment Using Telemedicine.
You consent to treatment involving the use of electronic communications to enable Providers at different locations to share your individual patient medical information for diagnosis, therapy, follow-up, and/or education purposes. You consent to forwarding your information to a third party as needed to receive telemedicine services, and you understand that existing confidentiality protections apply. You acknowledge that while telemedicine can be used to provide improved access to medical care, as with any medical procedure, there are potential risks and no results can be guaranteed or assured. These risks include, but are not limited to: technical problems with the information transmission; equipment failures that could result in lost information or delays in treatment. You understand that you have a right to withhold or withdraw your consent to the use of telemedicine in the course of your care at any time, without affecting your right to future treatment and without risking the loss or withdrawal of any program benefits to which you would otherwise be entitled.
Disclosures to Friends and/or Family Members.You give permission for your Protected Health Information to be disclosed for purposes of communicating results, findings and care decisions to the family members and others.
Communications about YourHealthcare. You agree the Provider or an agent of the Provider or an independent physician’s office may contact you for the purposes of scheduling necessary follow-up visits recommended by the treating physician.
Consent to Email, Cellular Telephone, or Text Usage for Appointment Reminders and Other Healthcare Communications.
If at any time you provide an email address or cellphone number at which you may be contacted, you consent to receiving unsecure instructions and other healthcare communications at the email or text address you have provide, at any text number forwarded, or transferred from that number. These instructions may include, but not be limited to: post-procedure instructions, follow-up instructions, educational information, and prescription information. Other healthcare communications may include, but are not limited to, communications to family or designated representatives regarding your treatment or condition, or reminder messages to you regarding appointments for medical care. Note: You may opt out of these communications at any time. The practice/clinic does not charge for this service, but standard text messaging rates or cellular telephone minutes may apply as provided in your wireless plan (contact your carrier for pricing plans and details).
You hereby consent to the use of the Sideline Ortho Platform and the above terms and conditions.
You certify that you are the legal representative of the user of the Sideline Ortho Platform or that you are the user of the Sideline Ortho Platform and are 18 years of age or older, or otherwise legally authorized to consent. You have carefully read and understand the above statements. You have had all your questions answered. You understand that this informed consent will become a part of your record on the Sideline Ortho Platform and may be medical professionals and healthcare providers for inclusion in your medical records.