YELLOWCROSS TERMS OF SERVICE
Effective date November 15, 2015
1. Consultative Service
The purpose of the service provided through the Site is to connect business entities with healthcare specialists for the purpose of rendering consultative medical services. This is not a substitute for primary care and no physician-patient relationship is created by use of this Site. The service provided through the Site varies by virtue of the client’s selection of services, with particular emphasis on providing a case or claim assessment or a second or expert opinion regarding diagnosis, prognosis and/or available treatment options.
The services offered by YellowCross are limited, and differ from the diagnostic services typically provided by a physician. In some cases, the online nature of the service will make it difficult to verify a diagnosis, prognosis or available treatment options without a direct physician-patient evaluation. Specifically, the medical professionals providing consultative services through this Site will not have the benefit of information that would be obtained by examining the claimant in person and observing his or her physical condition. Therefore, the medical professional providing services through this Site may not be aware of facts or information that would affect his or her medical opinion. By deciding to engage the services of this Site, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept that: (i) the assessment, analysis or evaluation you will receive is limited and provisional without a physical exam, unless one is requested; (ii) the second opinion is not intended to replace a full medical evaluation or an in-person visit with a physician; (iii) the medical professionals providing services through this Site may not have important information that is usually obtained through a physical examination; and (iv) the absence of a physical examination may affect the medical professional’s ability to render a comprehensive diagnosis or prognosis of any condition, disease or injury.
By requesting any service through the Site, you authorize us to receive and store medical, health and other personal records, which may constitute Protected Health Information (see YellowCross Privacy and Security Policy), and to transmit them to the physician or physicians appropriate for your case.
We may be required by law to turn over certain information to law enforcement, or to respond to civil subpoenas and other legal process. By using this Site you acknowledge such risks. Additionally, we may voluntarily provide information to law enforcement or investigative agencies regarding suspected disruptive or destructive uses of the Site, such as “Denial-of-Service” attacks, credit card fraud, and other matters.
You are not obligated to register with YellowCross in order to access this Site. However, the services offered on this Site are available only to users who have registered with YellowCross or other persons affiliated with YellowCross who have been granted user IDs and passwords as “Secure Users”. You may have as many active Secure User accounts on this Site as you may reasonably choose at any given time and only you may use your designated accounts to access the Site. You also agree to promptly notify YellowCross of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to this Site by emailing YellowCross at firstname.lastname@example.org. In addition, you agree to exit from your Secure User account at the end of each session. YellowCross explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
4. Site Security
Our Site requires users to create unique identifiers (such as a username and password) in order to log into many areas of the Site. We utilize these unique identifiers to verify the user’s identity and eligibility, in order to protect our clients from the release of sensitive or personally identifiable information, or Protected Health Information, to unauthorized users. To help protect the privacy of data you transmit through this Site, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, YellowCross takes steps to protect the user data we collect against unauthorized access. However, you should keep in mind that this Site and our services are run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control.
You must exercise caution, good sense and sound judgment in using this Site. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. YellowCross may investigate any alleged or suspected violations and if a criminal violation is suspected, YellowCross will cooperate with law enforcement agencies in their investigations.
5. Credit Transactions
YellowCross does not accept payment in the form of cash, check, money order or insurance reimbursement. Major credit cards (MasterCard, Visa and American Express) are the only accepted means of payment for first-time clients. When you pay by credit card, you authorize YellowCross to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires or YellowCross is otherwise unable to debit the applicable amounts from your credit card, YellowCross shall provide notice to you, whereupon you shall immediately furnish YellowCross with a valid credit card account number. Your request for services from this Site will not be fulfilled until full payment has been received and verified.
6. Prohibited Activities
In using this Site, you agree not to:
• Send, post or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, libelous, threatening, hateful, obscene, inflammatory, pornographic or otherwise objectionable material of any kind; any material that can cause harm or delay to this Site or computers of any kind; any unsolicited advertising, solicitation or promotional materials; and, any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. YellowCross will fully cooperate with any law enforcement authorities or court order requesting or directing YellowCross to disclose the identity of anyone posting any such information or materials
• Restrict or inhibit any person from using this Site, disclose personal information obtained from this Site or collect information about users of this Site;
• Reverse engineer, disassemble or decompile any section or technology on this Site, or attempt to do any of the foregoing;
• Gain unauthorized access to this Site, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to this Site;
• Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• Send or otherwise transmit to or through this Site chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
• Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
• Violate any applicable laws or regulations, or these Terms;
• Alter or modify any part of the Materials or services offered on this Site; or
• Assist or permit any persons in engaging in any of the activities described above.
7. Our Intellectual Property Rights
The content on this Site, including without limitation, any text, software, graphics, photos, sounds, music, videos, audiovisual combinations, patents, interactive features, any trademarks, service marks and logos contained therein and any other materials you may view on, access through, or contribute to this Site (collectively “Materials”) are owned by or licensed to YellowCross, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.
You should assume that all contents of the Website are copyrighted unless otherwise noted and may not be used except as provided herein and without the express written permission of YellowCross. Images of people or places displayed on the Website are either the property of, or used with permission by, YellowCross. Materials from this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the rights owner. You agree not to circumvent, disable, or otherwise interfere with security related features of this Site or features that prevent or restrict use or copying of any Materials or content.
Modification of any Materials or use of any Materials for any other purpose is a violation of the copyrights and other proprietary rights of YellowCross, or of other entities or persons where so indicated, unless YellowCross or the owner has provided said Material for such express purpose. Permission for all other uses of Materials contained herein, including reproducing and distributing multiple copies or using Materials on any other website or networked computer or linking to any secured or private page at this Site must be obtained from YellowCross or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from YellowCross should be submitted via an email to email@example.com. All design rights, databases and compilation and other intellectual property rights associated with this Site, in each case whether registered or unregistered, and related goodwill, are proprietary to YellowCross.
8. Links to Other Websites
9. Third Party Interactions
Your interactions with entities or individuals found on or through this Site or the services provided through the Site, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using this Site and disclosing personal information.
You agree that YellowCross shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and any third party, you understand and agree that YellowCross is under no obligation to become involved.
10. Jurisdictional Issues
This Site is controlled and operated by YellowCross from our offices within Arizona, United States of America. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.
YellowCross may terminate your use of this Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms. YellowCross will terminate a user’s access to this Site and its features and services if, under appropriate circumstances, the user is determined to be a repeat infringer of third party rights or in breach of the Terms. Upon any such termination, you must destroy all Materials obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of this Site is terminated pursuant to these Terms, you will not attempt to use this Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold YellowCross harmless from any and all liability that YellowCross may incur therefore.
The Materials in this Site are PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YELLOWCROSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YellowCross does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected or that this Site or the server that makes it available are free of viruses or other harmful components. YellowCross does not make any representations or warranties regarding the use or the results of the use of the Materials in this Site in terms of their correctness, accuracy, reliability or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
13. Limitation of Liability
To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall YellowCross be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, this site or the materials on it, even if YellowCross or an authorized representative of YellowCross has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
You agree to indemnify, defend and hold YellowCross and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms, or (ii) your activities in connection with this Site.
This Site is not intended for children under the age of 13. If you are under 13 years of age, please do not use or access this Site at any time or in any manner. By using this Site, you affirm that you are over the age of 13. YellowCross does not seek through this website to gather personal information from or about persons under the age of 13 without the consent of a parent or guardian.
By choosing to visit this Site or otherwise provide information to YellowCross, you agree that any dispute over your use of this Site or these Terms will be governed by the laws of the State of Arizona and the United States of America. You also consent to the adjudication of any disputes arising in connection with our Site in the state and federal courts located in Maricopa County. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.
If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
YellowCross reserves the right to alter or delete material from the Website at any time, and may, at any time, revise these Terms and Conditions and the other Policies set forth in this Website by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the then current Terms and Conditions and other Policies.
If you have any questions or complaints regarding these Terms, please submit your questions or complaints to firstname.lastname@example.org. YellowCross will endeavor to respond to you promptly.
Last updated: November 11, 2015