Patientco’s Terms of Use

THIS IS A LEGALLY BINDING AGREEMENT AND AFFECTS YOUR RIGHTS

These Terms of Service (“Terms”) are a binding agreement between you and Patientco Holdings, Inc. (“Patientco”, “we”, “our” or “us”) with respect to our website and any other sites or mobile applications which link to these Terms (collectively herein, the “Site”). These Terms also include our privacy policy, and you may view a copy of our privacy policy here: https://www.waystar.com/patienctco-privacy-policy/ (“Privacy Policy”). Certain other programs or services provided by us through linked websites or other channels may have additional terms and conditions regarding your use of those services, and nothing in these Terms is intended to modify such terms and conditions. By creating an account and indicating your acceptance of these Terms, or by otherwise indicating your acceptance (which may include checking a box or clicking a button associated with these Terms), you affirm that you are the legal age of majority in the jurisdiction in which you reside, and that you agree to and accept these Terms.

These Terms govern your use of our Site and related products and services, including any content or information provided as part of the Site or such related products, services or websites (collectively with the Site, the “Services”), which are owned or operated by Patientco.
These Terms may apply to you individually, the business, person, or other legal entity user you represent, or both. If you are using the Site or Services on behalf of a company, person, or other legal entity, you hereby represent and warrant that you have the authority to enter into these Terms on behalf of such person or entity. By accessing, registering for, or using the Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety; and (3) are entering into a legally binding agreement with us. As used in these Terms and unless separately identified as applicable to either an individual or entity, “you” and “your” refer to both you individually and the entity on behalf of which you are entering into these Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN.

Your Privacy.

You consent to the collection and use of your information as set forth in the Privacy Policy. The Privacy Policy is incorporated into and made part of these Terms by this reference and governs our use and disclosure of information you submit or make available to us in connection with the Services. In all cases, we shall be free to provide any information in our possession, or to collect and provide information possibly in our possession, to law enforcement authorities as we see fit.

Your Health Information.

You hereby authorize the receipt, use, and disclosure of your Protected Health Information, as defined in 45 CFR 160.103 (“PHI”), from any health plan, physician, health care professional, hospital, clinic, laboratory, pharmacy, medical facility, or other health care provider (each a “Provider”) that has provided payment, treatment, or services to you or on your behalf, by Patientco in accordance with these Terms and our Privacy Policy. In the event our relationship terminates with one or more Providers that you have a relationship with and provides information to us relating to you, you authorize us to maintain such information on your behalf. You understand that the purpose of Patientco’s use and disclosure of your health information is solely to provide you with the Services described in the Terms and Privacy Policy. You understand that your Protected Health Information may contain sensitive information relating to HIV/AIDS diagnoses, mental illness or any other mental health condition, alcohol or substance abuse, sexually transmitted diseases, pregnancy, abortion or other family planning, genetic tests and/or diseases. Unless you expressly revoke it, your authorization shall remain in effect for so long as you use our Services and for a period of six (6) months thereafter; provided, however, that we may retain your information after such date for so long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. When your information is no longer needed or legally required, it will be permanently deleted or de-identified so that it can no longer be associated with you.

Fees.

There is no charge to use the standard service offerings provided through our website at gopatientco.com.

Patientco may, but is not required to, offer additional services to further enhance our Services and your experience on our Site. If you purchase any services that we offer for a fee (“Premium Services”), you agree to pay the applicable fees for the Premium Services when due plus all related taxes. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You agree to reimburse us for all collection costs and interest for any overdue amounts. Unless otherwise denoted, all fees are assessed in U.S. dollars. You also agree that Patientco may store your payment information. If the payment method you use with us reaches its expiration date and you do not edit the applicable information or cancel such Premium Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. Failure to pay may result in the termination of your subscription or our provision of the Premium Services. You may cancel or suspend your Premium Services by contacting your Patientco Account Manager. Unless is expressly stated to the contrary, we do not provide refunds for lack of usage, dissatisfaction or any other reason. If you require a printed invoice for your transaction with us, you may request one by contacting your Patientco Account Manager.

Your Account.

You must provide accurate and complete registration information when you register for our Services. You understand and agree that the information you provide or that we receive in connection with your use of the Services may be used by Patientco in accordance with these Terms and the Privacy Policy. By providing your email address and mobile phone number, you are: 1) confirming that your email address and mobile phone number are valid and correct; and 2) authorizing us to send account related correspondence such as, but not limited to, account information, payment receipts, reminders to pay, and new feature notifications to the provided email address and mobile phone number. You agree to notify us immediately upon any change in contact information. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion, with or without notice.

To be eligible to use Services, you represent and warrant that you: (i) are the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) will only maintain one account at any given time; (iv) will only provide accurate information to Patientco; (v) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; (vi) will not violate any rights of Patientco or a third party, including intellectual property rights; and (vii) will use the Services in compliance with all applicable laws.
We may receive, review, edit, store, and use the information you provide within your account and profile for the purposes described in the Terms and Privacy Policy, but you will remain the sole owner of the account you create and any related profile. With regard to your account, you agree that it is your sole responsibility to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) immediately notify us of any actual or suspected unauthorized use of your account or password. You are responsible for any activity occurring under your account. We reserve the right to take any action that we deem necessary to ensure the security of the Site and your account, including without limitation terminating or suspending your account, or requesting additional information to authorize transactions on your account.

You acknowledge that your use of the Services is in connection with Patientco’s agreement with certain healthcare providers (each such agreement a “Provider Agreement”). You agree that these Terms are an independent agreement and that the termination of a Provider Agreement does not terminate these Terms. Accordingly, in the event you make a payment through our Services after the applicable Provider Agreement is terminated, you agree that these Terms shall still apply to those payments and that we may facilitate the payment in accordance with your instruction. Additionally, subject to the terms of these Terms and the Privacy Policy, we may retain all information about you provided by the applicable Provider following termination of a Provider Agreement. You acknowledge that, except as expressly provided otherwise, these Terms are solely between you and Patientco.

eCommunications.

Patientco offers access to Services and account-related messages via recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text and email notifications.
Enrollment in text notifications requires you to provide your mobile phone number with an area code within the 50 United States or the District of Columbia. By enrolling to receive texts, you agree to the Terms and Privacy Policy, which become effective upon your enrollment. You may be asked to verify your mobile phone number before the service will start. This requires responding to a text sent to your mobile phone confirming your enrollment.

When you register for the Services, we automatically enroll you in email notifications. You can make changes in your notification settings in the “Communication Preferences” section of the “Settings” page, or otherwise as provided from time to time in the applicable documentation. By enabling eBill Notifications, you are giving Patientco permission to periodically email you or send you text message notices about any account-related activity.

You acknowledge that these notifications will be sent to the mobile phone number or email address you provide to us. Such notifications may include limited Protected Health Information, and whoever has access to your mobile phone, carrier account, or email account will also be able to see this information. Once you enroll, the frequency of the notifications we send to you will vary. You will typically receive text or email notifications when we have information for you about your account or to verify your identity in response to an account-related inquiry, such as a request to reset your password. We do not impose a separate charge for these notifications; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.

You may opt out of text or email notifications at any time. To stop receiving text or email notifications, you may disable the feature by modifying your Communication Preferences in the “Settings” page of your account. To stop receiving text notifications, you may either disable the feature as noted in the preceding sentence or reply “STOP” to a text sent by us to opt out at any time. By opting out, you will no longer receive notifications for information related to any of your Providers. It may take up to 48 hours for your preferences to become effective.

If you disable text notifications within the Communication Preferences in the “Settings” page of your account, you will not receive future notifications, but may receive text messages when you specifically request that we send you a text message, for instance, to reset your password.
If you have opted out of receiving text messages by replying “STOP” to a text message sent by us, you will receive no text messages and will be blocked from receiving any text messages even if you request them, for instance, to reset your password. If you would like to begin receiving text messages again, please text “START” to (404) 476-7826. It may take up to 48 hours for your preferences to become effective.

The text and email notification programs are offered on an “as is” basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage, or other service changes made by your wireless carrier. We may change or discontinue any of our text or email notification programs without notice or liability to you. Patientco and its officers, directors and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any notification or message program or from technical failures or delays of any kind. You acknowledge that you are prohibited from sending, composing, or reviewing text or email messages while driving, and that you will comply with all local, state, and federal regulations regarding the safe use of mobile technology. Patientco reserves the right to cease delivery of text or email notifications to any person at any time in its sole discretion.

Payments.

Each time you initiate a transaction, you authorize us, or your agent, to charge your credit/debit card or to initiate an automated clearing house (ACH) debit to your checking account at the specified financial institution for the specified amount on or after the scheduled date. You agree that submitting the payment constitutes an explicit authorization for us, or your agent, to complete the electronic charge/transfer. Once you have authorized a payment to your Provider, you will not be able to cancel the transaction on or after the scheduled date unless you contact your Provider and the Provider authorizes the cancellation. You acknowledge that this authorization shall remain in full force and effect until we have received written notification from your Provider of its termination. By choosing to pay with an eCheck, you give Patientco the right to resubmit any ACH debit you authorized that is returned for any reason, including by not limited to insufficient or uncollected funds, and to collect a $35.00 administrative fee for any attempted but failed transactions. Any collection efforts may be completed internally or via a third-party collections agency. Patientco reserves the right to refuse to process a transaction for any reason or without reason.

Refund Policy.

If you dispute any amounts listed on your Provider bill, it will be your sole responsibility to contact your Provider directly to settle such dispute. Patientco does not provide or handle patient refunds for any incorrect bills or disputed amounts between you and your Provider.
For any Premium Services received from Patientco, you may request a refund for any payments made in excess of the total amount of the Premium Services. All such refund requests must be made within thirty (30) days of the erroneous payment and must be emailed to Support@Patientco.com. If approved, a refund will be issued within 30 days and may take the form of a credit card statement credit or a separate refund check.

PatientWallet®.

Through the PatientWallet®, Patientco, as an agent of your Provider, provides a mechanism for you to understand, manage, and pay your healthcare bills. The PatientWallet®, is the mechanism through which you are able to make payments to your Provider. Your Provider may offer you a way to pay your outstanding bill in installments. At no time shall the offering of the PatientWallet®, or any other services provided by Patientco be construed as a loan or an offer of a loan or financing by Patientco. In providing bills and assisting your Provider in accepting payments, Patientco is acting on behalf of your Provider as its agent for accepting payments.

When you initiate a PatientWallet® transaction, it is possible that the recipient will not accept the funds or choose to delay acceptance of such funds. You agree that you will not hold Patientco liable for any damages resulting from a recipient’s decision not to accept a payment made through Patientco. Any unclaimed, refunded or denied payment will be refunded to you within 180 days.

Patientco reserves the right to refuse to process a PatientWallet® transaction for any reason or without reason.

Additionally, Patientco may present marketing materials from financial services companies that are selected by your Provider. These financial services companies may offer you financial services which include payment options, healthcare loans, and options for deferring payments to your Provider. Patientco may provide information related to these financial services on your printed or electronic statements, via text message, email, or through the PatientWallet®. In marketing these services, Patientco is acting solely as a marketing platform for the Provider and/or the Provider’s selected financing partner. In no event shall such marketing or any information provided by Patientco on behalf of the Provider or the Provider’s financing partners be construed as an offer of financial services by Patientco.

PayAnyDoc™ is an optional feature of the Services that allows you to pay any medical practitioner/facility in the United States, even if Patientco does not have an existing relationship with the provider or the underlying billing data. By initiating a PayAnyDoc™ transaction, you hereby authorize Patientco to communicate with the recipient about your intent to pay them via Patientco as well as any account information (including Protected Health Information) needed to facilitate the transaction. Please allow 10 business days for PayAnyDoc™ recipients to receive their funds.

When you initiate a PayAnyDoc™ transaction, it is possible that the recipient will not accept the funds or choose to delay acceptance of such funds. You agree that you will not hold Patientco liable for any damages resulting from a recipient’s decision not to accept a payment made through Patientco. Any unclaimed, refunded or denied payment will be refunded to you within 180 days.

Patientco reserves the right to refuse to process a PayAnyDoc™ transaction for any reason or without reason.

Chargebacks & Payment Disputes.

If a dispute or question arises about a transaction between you and Patientco, please contact Patientco first before contacting your card issuer and/or filing a dispute/chargeback with your bank. By initiating a retrieval or chargeback request with your card issuer, you hereby authorize Patientco to release the necessary information to comply with the card brands’/financial institutions’ information request; this may include your Personally Identifiable Information (PII) and Protected Health Information (PHI). As our goal is to learn about and address your concerns as quickly as possible while securely maintaining your personal information, all questions and concerns should be directed to our Customer Support line at 1-844-422-4779 between 9AM and 5PM EST.

Intellectual Property.

The Services provided by Patientco are licensed, not sold. The Services, and all copies of the Services, are owned by Patientco or its third-party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. Patientco reserves all rights not expressly granted to you herein. You agree that you have no right to any Patientco trademark or service mark and may not use any such mark in any way unless expressly authorized by Patientco.

Without limiting the generality of the foregoing, “gopatientco.com”, “Patientco.com”, and “Patientco”, and all related logos, products and services described in the Services are either trademarks or registered trademarks of Patientco Holdings, Inc. or its licensors. You may not copy, imitate or use them without Patientco’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Patientco. You may not copy, imitate, or use them without our prior written consent.
Making unauthorized copies or distribution of Services content or otherwise violating these Terms may result in the termination of your Patientco account, prohibition on use of the Services, and further legal action. Patientco reserves the right to limit your use of or access to the Services, in its sole discretion and with or without notice, in order to maintain the performance and availability of the Services and to enforce these Terms.

Patientco is not responsible or liable for the loss, corruption, alteration, or removal of any content transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold Patientco harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining and verifying the accuracy, completeness, and reliability of all records and reconciling all transaction information relating to your use of the Services.

Licenses & Site Access.

Subject to your compliance with the terms and conditions of the Terms, Patientco grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license to access and use the Patientco Services through an internet web browser or mobile application to review, track, and pay your healthcare bills to certain Providers. This license is personal to you and any family members you add to your account, and you may not permit any unrelated users access to our Services through your account, or use the Services to host content for any unrelated parties. You will remain fully responsible for any actions taken through your account in violation of the Terms. You agree you will not (i) sell, rent, lease, re-license, sub-license, operate, distributed, publically perform or display, provide access, copy, duplicate or give away all or any portion of the Services to or for any other party or entity, (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Services, or (iii) use the Services other than in accordance with the terms of these Terms, without prior written approval from Patientco. Further, you agree not to modify, translate, reverse engineer, de-compile, or disassemble the Services, or from creating derivative works based on the Services, and you waive any right you may have to perform such activities. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Patientco without express written consent. You may not use any meta tags or any other “hidden text” utilizing Patientco’s name or trademarks without the express written consent of Patientco. You may use the Site only as permitted by law. Any unauthorized or improper use automatically terminates the permission or license granted by Patientco.

You will not use the Site for any use other than the purpose for which it was intended. You will not take any of the following actions with respect to the Site or server or use the Site in any manner that: (a) uses any robot, spider, scraper, or other automatic or manual means to access the Site or copy any content of the Site; (b) disables, overburdens, impairs, or otherwise interferes with or interrupts the Site or any hardware, software, system, or network connected with the Site; (c) probes, scans, or tests the vulnerability of or breaches the authentication measures of the Site and any related networks or systems; (d) compiles, uses, downloads, or otherwise copies any user information or any portion thereof, or transmits, provides, or otherwise distributes (whether or not for a fee) such information to any third party; (e) disseminates viruses or other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware; (f) attempts to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or system through hacking, password mining, or any other means; or (g) accesses systems, data, or information not intended by Patientco to be made accessible to you.

Patientco may at any time modify or discontinue, temporarily or permanently, all or any part of the Services or your account in our sole discretion, with or without notice, and you agree that Patientco will not be liable to you or any third party for any such modification, suspension or discontinuance. Upon discontinuance or modification to the Services, Patientco may notify you by posting a statement on or through the Service. Your continued use of the Service following any revision, amendment, or supplement is sufficient consideration for, and indicates agreement to, such revisions, amendments, or supplements.

Termination.

We reserve the right, in our sole discretion, to terminate or suspend your password, access, and ability to use the Service at any time, without notice. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services.

Third-Party Content & Sites.

From time to time, the Services may contain references or links to third-party materials not controlled by Patientco. Patientco provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products, or information offered on such sites. You acknowledge and agree that Patientco is not responsible for any aspect of the information or content contained in any third-party materials or on any third-party sites accessible or linked to the Services, and such third-party materials are not considered part of the Services. You are responsible for evaluating whether you want to access or use a third-party site. Accordingly, if you decide to use third-party sites, you do so at your own risk and agree that these Terms do not apply to your use of any third-party sites. You should review any applicable terms or privacy policy of a third-party sites before using it or sharing any information.

DISCLAIMER OF WARRANTIES.

Actual service coverage, speeds, locations and quality may vary. Patientco will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our reasonable control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.

THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY PATIENTCO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PATIENTCO MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS PROVIDED OR MADE AVAILABLE TO YOU, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. PATIENTCO DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. PATIENTCO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. PATIENTCO DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES PROVIDED OR MADE AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, PATIENTCO’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES WILL PATIENTCO, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“PATIENTCO PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES OR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES OR OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF PATIENTCO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.
TO THE EXTENT REQUIRED BY LAW, A PATIENTCO PARTY’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID PATIENTCO FOR YOUR USE OF THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CAUSE OF ACTION; OR (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE PATIENTCO PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY PATIENTCO TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. YOU ACKNOWLEDGE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF LIABILITY IN THESE TERMS. THE LIMITATIONS IN THIS SECTION AND THE PRIOR SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.

BY ACCESSING THE SITE OR USING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Indemnity.

You agree to defend, indemnify, and hold the Patientco Parties harmless from any claim, liability, loss, fine, demand, or expense, including reasonable attorneys’ fees, made by any third party arising out of or relating to (i) any violation of these Terms by you; (ii) your content, records, materials, data or any other information you submit or otherwise transmit through our Services; (iii) your violation of any rights of another or your violation of any applicable law or regulation; or (iv) your use of the Services. Patientco reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, and you agree to cooperate in Patientco’s defense of such matter. This indemnification obligation shall survive any termination of these Terms.

Applicable Law.

The Services are operated by Patientco from its offices within the United States of America. We make no representation that the information on the Site is appropriate or available for use in other locations, and access to the Site from territories where the contents of the Site may be illegal is prohibited. Those who choose to access the Site or use the Service from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. By visiting Patientco.com, regardless of where you live or are located in the world, you acknowledge and agree these Terms are made in Georgia, and that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Patientco.

Disputes.

By using the Services you consent to exclusive jurisdiction and venue of Fulton County, Georgia. Any dispute relating to your use of the Services shall be adjudicated in such jurisdiction. By providing your consent and agreement, venue is proper in the courts of Fulton County, Georgia. Notwithstanding the foregoing, you acknowledge and agree that any violation of these Terms may result in irreparable injury and damage to us and our affiliates that may not be adequately compensable in money damages, and for which we and our affiliates will have no adequate remedy at all. You therefore consent and agree that Patientco shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction.

Feedback.

You may from time to time identify problems, solutions to identified problems, provide suggestions, comments, survey responses, or other feedback related to our website, services or otherwise relating (“Feedback”) to Patientco. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Patientco shall be free to use or disclose such Feedback for any purpose. Any Feedback provided to Patientco will be the exclusive property of Patientco, and you assign all rights in and to any feedback to Patientco. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Patientco under any circumstances relating to such Feedback.

Electronic Notices and Disclosures.

You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing (“Electronic Communications”). You further agree that any Electronic Communications we provide to you shall be deemed to be given and considered received by you on the date we transmit any such electronic communication as described in these Terms.

Modification.

We reserve the right to add to, update, change or remove any part of these Terms at any time and for any reason by posting a revised version on our website and by updating the “Last Updated” date at the top of these Terms. The revised version will be effective at the date and time we post it, unless otherwise indicated. As your next visit to the Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. Any acknowledgement by us of an e-mail or other communication that is in any way inconsistent with, or adds to, the provisions of the Terms is null and void to the extent of such inconsistency. Neither the course of conduct between the parties nor any trade practice may act to modify the provisions of these Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services. You agree that your use or continued use of the Services following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acknowledgement and acceptance of the terms contained in the then-effective Terms or policies.

Reliance.

WE DO NOT ENDORSE, ASSERT, OR STAND BEHIND THE TRUTHFULNESS OR RELIABILITY OF ANY OPINIONS, ADVICE, OR STATEMENTS GIVEN OR MADE BY ANYONE OTHER THAN AUTHORIZED PATIENTCO SPOKESPERSONS IN ANY MANNER ON OR THROUGH THE SERVICE. THE MATERIAL PROVIDED TO YOU THROUGH THE SERVICES DOES NOT CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. PATIENTCO ASSUMES NO RESPONSIBILITY FOR USE OF ANY OF THE INFORMATION PROVIDED THROUGH THE SERVICES. NONE OF THE INFORMATION AVAILABLE THROUGH THE SERVICES SHALL BE CONSTRUED AS AN ENDORSEMENT, GUARANTEE, OR REPRESENTATION OR WARRANTY WITH RESPECT TO ANY MEDICAL PRACTITIONER, MEDICAL TREATMENT, OR ANY OF THE PRODUCTS OR SERVICES OF ANY THIRD PARTY.

Miscellaneous.

These Terms, along with any rules, guidelines, or policies published on or in the Services constitute the entire agreement between Patientco and you with respect to your use of our Services. If there is any conflict between the Terms and any other rules, guidelines, policies or instructions posted on the Services, the Terms shall control. You may not assign your rights or obligations under these Terms without the prior written consent of Patientco, which may be withheld in Patientco’s sole discretion. If any portion of these Terms are found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms or Use will otherwise remain in full force and effect. Patientco’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Patientco may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to Patientco, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Patientco. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Patientco, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer-employee, or franchise relationship is created by this Agreement.

Updated on October 5, 2018.