Eﬀective Date: April 19, 2023
1. ABOUT THE SITE
You acknowledge that although some Content may be developed by healthcare professionals or considered part of best practice recommendations or standard of care guidance, the provision of such Content does not constitute an opinion, medical or nursing care, medical advice, diagnosis, or treatment. The Services are provided to assist you in communicating with doctors, or other healthcare specialists, professionals, providers, or organizations (collectively, “Healthcare Provider”). You acknowledge that all such Healthcare Providers are independent from Trellus Health®, and Trellus Health® does not employ, and is not responsible for, the actions of any such Healthcare Providers; and, accordingly, Trellus Health® is not responsible for any medical or nursing advice, diagnosis, treatment or care you receive from any Healthcare Provider or any other healthcare professional or organization. “Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Site and/or Services, including, without limitation, Content provided in direct response to your questions.
THE INFORMATION DISPLAYED ON OR ACCESSIBLE THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TRELLUS HEALTH MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY OF THE SITE’S FUTURE OR CONTINUED AVAILABILITY, COMPATIBILITY, OR EXISTENCE. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO ANY HEALTH INFORMATION, HEALTHCARE PROVIDER, PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY LISTED OR ACCESSIBLE THROUGH THE SERVICES.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. TRELLUS HEALTH® IS NOT A HEALTHCARE PROVIDER OR A HEALTHCARE SUPPLIER
The Content that you obtain or receive from Trellus Health®, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational and communication purposes only. Trellus Health does not provide medical or nursing care, medical advice, clinical care, medical diagnoses or medical treatment of any kind.
All options available on the Site, including without limitation, options related to the Healthcare Providers, are provided to you for informational purposes and we do not recommend or endorse any speciﬁc tests, Healthcare Providers, procedures, opinions, or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk.
3. CONTENT PROVIDED OR DEVELOPED BY THIRD PARTIES
Healthcare Provider developed or shared Content is intended for general reference purposes only. Neither the Site nor Trellus Health® provides any advice about any particular Healthcare Provider content.
5. YOUR RESPONSIBILITIES
5.1 Your Account Username and Password
If you choose, or are provided with an account, a username, password, or any other piece of information as part of your use of the Site, you must treat such information as conﬁdential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Your Responsibilities
The Services are free to you, but you are still entirely responsible for your healthcare expenses. Usual, customary and any other charges for any medical or related services rendered by Healthcare Providers will be set by the Healthcare provider and will be entirely your responsibility. You are responsible for ensuring that all information that you provide to Trellus Health® is accurate and up-to-date.
You are responsible for all use of the Site and/or Services, including the privacy and security of any account, usernames and passwords assigned to or created by you. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. You may not accumulate or index, directly or indirectly, any Content or portion of the Site and/or Services for any purpose whatsoever.
You must use the Site and/or Services in a manner consistent with the Acceptable Use Policy. Please review the Acceptable Use Policy carefully, as your use of the Site and/or Services constitutes your agreement.
6. CHANGES TO THE SERVICES; NEW SERVICES
We may from time to time add new features to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Under no circumstances will Trellus Health® be liable for any suspension or discontinuation of any of the Services or portion thereof, and the use of new services will be governed by this Agreement.
7. LINKS TO OTHER WEBSITES
7.1 Linking to the Site
Hyperlinks to the Site may not state or imply any Trellus Health® sponsorship or endorsement of another website, publication, or service. The Content may not be incorporated into another website, publication, or service without Trellus Health’s prior written approval. You agree to cooperate with Trellus Health® in causing any unauthorized framing or linking to stop immediately. Trellus Health® reserves the right to withdraw linking permission without notice.
- Links to Other Sites
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Trellus Health® has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk.
TRELLUS HEALTH® RESERVES THE RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT TRELLUS HEALTH BELIEVES IS OR MAY BE INFRINGING OR VIOLATING OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR OTHER RIGHTS OR IN VIOLATION OF FEDERAL, STATE, LOCAL OR FOREIGN LAWS AT ANYTIME, WITHOUT PRIOR NOTICE TO YOU. YOU FURTHER AGREE THAT TRELLUS HEALTH MAY TERMINATE YOUR ACCESS AND/OR ACCOUNT AT ANYTIME FOR ANY REASON WITHOUT NOTICE.
8. YOUR USE OF CONTENT
9. MOBILE APPLICATION LICENSE
9.1 Use License
- Apple and Android Devices
10. SITE MANAGEMENT
You acknowledge that we have no control over, and no duty to take any action regarding: (a) which users gain access to the Site and/or the Services, (b) what Content you access, (c) what eﬀects the Content may have on you, (d) how you may interpret or use the Content, or (e) what actions you may take because of having been exposed to the Content. You release us from all liability for you having acquired or having not acquired, or your use of Content. We make no representations or warranties regarding suggestions or recommendations of services or products oﬀered or purchased through the Site and/or Services. We have no special relationship with or ﬁduciary duty to you. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. TRELLUS HEALTH MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. TRELLUS HEALTH DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
12. GENERAL LIMITATION OF LIABILITY
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “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.”
We may terminate, suspend and/or deactivate your account at any time, without notice, if there has been a violation of this Agreement or other policies and terms posted on the Site or through the Services by you or by someone using your account information. We may also terminate, suspend, or deactivate your account for any other reason, including inactivity for an extended period. Trellus Health®
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modiﬁcation, price change, suspension, or discontinuance of the Site.
16.1 Electronic Contracting
16.3 Choice of Law
16.4 Dispute Resolution - Important - Please Review as this Affects your Legal Rights
- Informal Negotiations
- Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be ﬁnally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS PROVISION YOU GIVE UP THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to conﬁrm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) 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.
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, deﬁne, describe, modify, interpret, or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or any aﬃliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer, or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
16.8 Electronic Communications
- SMS/Text/Video Communications
- Email Communications
Even though Trellus Health® does not provide medical or nursing care, clinical care, medical advice, diagnosis, or treatment Trellus Health® provides a HIPAA compliant, secure member messaging system through the TrellusElevate platform (trellushealth.com). We encourage all members to utilize this platform for communicating with your care team, as it is the most secure way of communicating. The care team will primarily communicate with you through the platform, and you will receive emails notifying you to check your portal for communication. However we understand that certain situations may arise where email may be utilized.
RISK OF USING EMAIL
- E-mail can be circulated, forwarded, and stored in numerous papers and electronic ﬁles.
- E-mail can be immediately broadcast worldwide and be received by many intended and unintended recipients.
- E-mail senders can easily misaddress an e-mail, or e-mail may inadvertently be delivered to a spam folder or unintended mailbox.
- E-mail is easier to falsify than handwritten or signed documents.
- Backup copies of e-mail may exist even after the sender, or the recipient has deleted his or her copy.
- Employers and on-line services have the right to archive and inspect e-mails transmitted through their systems.
- E-mail can be intercepted, altered, forwarded, or used without authorization or detection. E-mail can be used to introduce viruses into computer systems.
- E-mail can be used as evidence in court.
To communicate by e-mail, the member shall:
- Limit or avoid use of his/her employer’s computer.
- Inform Trellus Health® of changes in his/her e-mail address.
- Put the member’s first name only in the body of the e-mail.
- Include the category of the communication in the e-mail’s subject line, for routing purposes (e.g., billing question).
- Review the e-mail to make sure it is clear and that all relevant information is provided before sending.
- Take precautions to preserve the conﬁdentiality of e-mail, such as using screen savers and safeguarding his/her computer password.
- Withdraw consent only via written communication to Trellus Health
- The member should not use e-mail for communication regarding sensitive medical information, such as information regarding sexually transmitted diseases, AIDS/HIV, mental health, developmental disability, or substance abuse.
17. ENTIRE AGREEMENT