Laso
Health Healthcare
Provider Terms
of Use
Last
Updated:
August 10, 2023
The following terms and conditions
constitute a
legally binding
agreement
between you and Laso Health, LLC (“Laso Health,” “we,” or
“us”), the
operator
of Lasohealth.com
(the “Site”) and related websites,
applications, services
and mobile
applications provided
by Laso Health
and in any case where these Terms of Use are posted or referenced (collectively, the “Services”). These Healthcare Provider
Terms of Use (the “Terms of Use”), together with our
Privacy Policy (each of which are incorporated herein
by reference, and collectively, this “Agreement”) govern your use of the Services. These Terms of Use govern the use of the Site and Services
by providers, suppliers, and other entities in the health care industry, including, but not limited
to, physicians,
chiropractors, dentists, optometrists,
psychologists, physical
and occupational
therapists, holistic
care providers,
pharmacies, hospitals,
and other
appropriate health
care providers
(“Healthcare Providers”)
who have
created an
account on
the Site in order to post information about its practice. If you are not a Healthcare Provider, have not created
an account on the Site, or are using
the Site for other
purposes, please
refer to that certain
CUSTOMER TERMS OF USE, which are also posted on the Site.
Supplemental terms of use
or documents that may be posted on the Site from time to time are hereby
expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for any
reason. We will alert you about any changes by updating
the “Last updated” date of these Terms of Use and you waive any right to
receive specific notice of each such
change. It is your responsibility to periodically review these Terms of Use to
stay informed of updates.
You will be subject to, and will be deemed
to have been made aware of and to have accepted, the changes in any revised
Terms of Use by your continued use of the Site and/or Services after the date such revised
Terms are posted.
BY USING OR OTHERWISE
ACCESSING THE
SERVICES OR THE SITE AND/OR BY CREATING AN ACCOUNT WITH US, YOU
REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE
PROVIDER TERMS OF USE AS THEY MIGHT BE APPLICABLE TO YOU AS A HEALTHCARE
PROVIDER. YOU AGREE
TO THE TERMS OF THIS AGREEMENT, INCLUDING
THE INFORMATION
PRACTICES
DISCLOSED IN
OUR PRIVACY
POLICY AND THE USE RESTRICTIONS IN THE
ACCEPTABLE USE
POLICY. YOU ALSO AGREE TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH US OR
THE SERVICES IN THE STATE OF TEXAS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY
OR THE ACCEPTABLE USE POLICY,
YOU ARE NOT PERMITTED TO USE OR ACCESS THE SITE OR THE SERVICES IN ANY WAY.
LASO HEALTH OPERATES SUBJECT TO STATE REGULATION AND MAY NOT BE AVAILABLE
IN CERTAIN STATES. If you create an account
or use the Services on behalf of an individual or entity other than yourself,
you represent that you are authorized by such individual or
entity to
accept
this Agreement
on such
individual’s or
entity’s behalf.
1.
ABOUT THE SITE
The provision of the Services
does not
create
a medical
professional/patient relationship between us and the Customers
of the Site, and does not
constitute an opinion, medical advice, or diagnosis or treatment, but is
provided to assist you in locating potential
customers and scheduling appointments for medical care (“Customers”).
“Content” means content, text, data, graphics, images, photographs,
video, audio, information, suggestions, guidance,
and other materials provided, made available or otherwise found
through
the Services
and/or
Site, including,
without
limitation, Content
provided
in direct
response
to your
questions or
postings.
YOU ACKNOWLEDGE AND
UNDERSTAND THAT ANY INFORMATION YOU PROVIDE IN RELATION TO, AND ON, THE SITE IS
ACCESSIBLE BY LASO HEALTH AND ITS EMPLOYEES FOR INTERNAL OPERATIONAL PURPOSES,
AS WELL AS THAT INFORMATION BEING SHARED WITH CUSTOMERS TO FACILITATE THE
SERVICES.
YOU ACKNOWLEDGE AND AGREE
THAT LASO HEALTH DOES NOT PROVIDE ANY MEDICAL TREATMENT, MEDICAL ADVICE,
TELEHEALTH TREATMENT, NOR ANY OTHER SERVICE WHICH COULD BE CONSTRUED AS THE
PRACTICE OF MEDICINE IN CONNECTION WITH THE SERVICES.
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. LASO HEALTH MAKES NO GUARANTEE 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
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.
LASO HEALTH SERVICES ARE
ONLY INTENDED FOR CUSTOMERS AND HEALTHCARE PROVIDERS IN THE UNITED STATES.
These Services are hosted in the United States and are intended only for
Customers located in the United States. Laso Health makes no representation
that the Services are appropriate or available for use outside of the United
States. If you access our Services from outside the United States, you will be
responsible for compliance with all local laws. Under California Civil Code
Section 1789.3, Customers of the Services from California are entitled to the
following consumer rights notice: The Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer Affairs may be
contacted in writing or you may contact us at Laso Health.
Laso Health will, from
time to time, engage with other corporations and individuals to provide the
Services (“Laso Partners”). You acknowledge and understand that some Services
are being provided by the Laso Partners and are not being provided or serviced
by Laso Health. As such, you acknowledge and understand that in some of these
instances Laso Health is merely partnering with the Laso Partner to give you
access to additional services and benefits and is not ultimately responsible
for those services and benefits.
YOU ACKNOWLEDGE AND
UNDERSTAND THAT SOME SERVICES ARE PROVIDED ENTIRELY BY LASO PARTNERS AND NOT BY
LASO HEALTH. YOU ACKNOWLEDGE AND UNDERSTAND THAT ANY SERVICES PROVIDED BY LASO
PARTNERS DO NOT CHANGE THE FACT THAT LASO HEALTH IS NOT AN INSURANCE COMPANY, A
HEALTHCARE SUPPLIER, A HEALTHCARE PROVIDER, NOR A DISCOUNT MEDICAL SERVICES
CORPORATION. YOU ACKNOWLEDGE AND UNDERSTAND THAT LASO HEALTH IS NOT LIABLE FOR
ANY CLAIMS NOR INJURIES PROVIDED IN CONNECTION WITH SERVICES RENDERED BY LASO
PARTNERS.
Laso Health also provides
a range of prescription savings card offerings to users as part of the Services
(these services collectively being “Laso Rx”).
Laso Rx allows members to gain access to prescription discounts, where
applicable, and other benefits through partnerships with Capital Rx, LLC
(“Capital Rx”), Symmetry-Card, LLC (“Symmetry”), and other Laso Partners. You
acknowledge and understand that Laso Rx is not hosted or provided by Laso
Health but is instead provided through Capital Rx, Symmetry, or other Laso
Partners. As such, Capital Rx, Symmetry, or another Laso Partner could, in
certain jurisdictions, be deemed a discount medical plan organization, but Laso
Health is not. Laso Health partners with Capital Rx, Symmetry, and other Laso
Partners to connect Laso Health users to Capital Rx, Symmetry, and other Laso
Partner’s services through the Laso Rx platform.
YOU ACKNOWLEDGE AND
UNDERSTAND THAT LASO HEALTH DOES NOT PROVIDE ANY DISCOUNT MEDICAL SERVICES NOR
DISCOUNT MEDICAL PRESCRIPTIONS SAVINGS BUT INSTEAD CONNECTS USERS WITH CAPITAL
RX, SYMMETRY, AND OTHER LASO PARTNERS THROUGH LASO RX. LASO HEALTH MAKES NO REPRESENTATIONS
AND MAKES NO WARRANTIES CONCERNING THE QUALITY, AVAILABILITY, NOR SUFFICIENCY
OF CAPITAL RX, SYMMETRY, OR OTHER LASO PARTNER’S PLANS THROUGH LASO RX. YOU
ACKNOWLEDGE THAT LASO HEALTH IS NOT A PROVIDER OF A DISCOUNT MEDICAL PLAN
THROUGH ITS LASO RX SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT LASO RX IS
NOT INSURANCE AND SHALL NOT BE CONSTRUED TO BE AN INSURANCE POLICY NOR PLAN.
YOU ACKNOWLEDGE AND UNDERSTAND THAT LASO HEALTH IS NOT LIABLE FOR ANY CLAIMS
NOR INJURIES PROVIDED IN CONNECTION WITH SERVICES RENDERED BY CAPITAL RX,
SYMMETRY, OR OTHER LASO PARTNERS UNDER A LASO RX MEMBERSHIP.
2.
CONTENT YOU POST OR SUBMIT
You will have the opportunity to submit information about you, your qualifications,
licenses,
affiliated practices,
credentials, ratings
and reviews of
your Customers and other information regarding your personal or professional
practices and to participate in the other interactive
or community features of the Site (collectively, “Posted Information”). It is
important that you act responsibly when providing
Posted Information. Your Posted Information must be up to date, accurate,
complete, correct, truthful and comply with our Acceptable Use Policy and all applicable laws. Laso Health reserves the right to remove or censor any Posted Information that does not comply with the Acceptable Use Policy or applicable law, as determined by Laso Health
in its sole discretion.
By providing Posted Information through the Services, you agree to and hereby
do grant, and you represent
and warrant
that you have all intellectual property
rights necessary to
grant, to Laso Health and its contractors an irrevocable, perpetual,
royalty-free, fully sublicensable,
fully paid up, worldwide license to use, copy, publicly perform, digitally
perform, publicly display, and distribute such
Posted Information and to adapt, edit, sell, re-sell, translate, prepare
derivative works of, incorporate into other works, or otherwise
exploit, such Posted Information. This license is
non-exclusive, except you
agree that Laso Health shall have the exclusive right to practice
this license to the extent of combining your Posted Information
with the Posted Information of other Laso Health Customers for purposes of constructing or populating a searchable database
of reviews
and information
related
to the
healthcare industry.
LASO HEALTH RESERVES THE
RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT LASO HEALTH BELIEVES IS OR MAY BE INFRINGING OR VIOLATING OF ANY THIRD PARTY
INTELLECTUAL PROPERTY OR OTHER RIGHTS OR IN VIOLATION OF LOCAL OR
FOREIGN LAWS AT ANYTIME, WITHOUT PRIOR
NOTICE TO YOU. YOU AGREE THAT LASO HEALTH MAY TERMINATE YOUR ACCESS
AT ANYTIME
FOR ANY
REASON
WITHOUT NOTICE.
3.
WE DO NOT PROVIDE MEDICAL ADVICE NOR INSURANCE
OFFERINGS
Laso Health is not a
Healthcare Provider or supplier. The
Content that you obtain or receive from Laso Health, its employees,
contractors, partners,
sponsors, advertisers,
licensors or
otherwise
through the
Services,
and the
Posted Information
is for
informational, scheduling and payment
purposes only. You may not provide medical information, diagnoses or services
through the Services. You represent
and warrant that the Posted Information is up to date, accurate, complete,
correct, truthful and complies with our
Acceptable Use Policy and all applicable laws complete and accurate, and has
not been provided in a misleading, negligent or fraudulent manner.
LASO HEALTH RESERVES THE
RIGHT TO IMMEDIATELY REMOVE ANY MATERIAL THAT LASO HEALTH BELIEVES IS OR MAY BE INACCURATE OR INCOMPLETE, AND/OR TERMINATE
ANY HEALTHCARE PROVIDER ACCOUNT FOR POSTING SUCH INFORMATION,
WITHOUT
PRIOR NOTICE
TO YOU.
NO INFORMATION PROVIDED
BY US IS INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL
MEDICAL ADVICE, DIAGNOSIS, OR
TREATMENT. USE OF OUR SERVICES IS NOT
APPROPRIATE FOR EMERGENCIES. IF A CUSTOMER ATTEMPTS TO INITIATE AN
ENCOUNTER FOR EMERGENCY SERVICES, YOU ACKNOWLEDGE
THAT YOU SHOULD ADVISE THE CUSTOMER TO CALL 9-1-1 OR SEEK EMERGENCY MEDICAL
TREATMENT IMMEDIATELY. IF YOU THINK
YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE
CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 9-1-1 OR GO TO THE NEAREST OPEN
CLINIC OR EMERGENCY ROOM. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK. NOTHING
STATED OR POSTED ON THE SITE OR AVAILABLE
THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE
PRACTICE OF MEDICINE, DENTISTRY, NURSING,
OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
FURTHER, NOTHING
STATED
OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES
IS INTENDED TO BE OR CONSTITUTES A REFERRAL
TO A HEALTHCARE PROVIDER BY LASO HEALTH. LASO HEALTH DOES NOT REFER PATIENTS TO
HEALTHCARE PROVIDERS,
DOES NOT ENTER INTO REFERRAL
OR FEE-SHARING
AGREEMENTS, OR
COLLECTS A
REFERRAL FEE
FROM ANY HEALTHCARE
PROVIDER. YOUR
PROVISION
OF THE POSTED INFORMATION IS SOLELY AT YOUR OWN RISK. NO POSTED INFORMATION MAY
CONSTITUTE THE PRACTICE OF
MEDICINE, DENTISTRY, NURSING, OR OTHER PROFESSIONAL HEALTHCARE
ADVICE,
OR THE
PROVISION OF
MEDICAL
CARE.
Laso Health does not
engage in the practice of medicine, nursing, or any other professional service
performed by practitioners of the healing arts and does not prescribe
or in any way authorize the prescription any medications.
Any Services provided by
Laso Health, including premium services provided under any Laso membership
models, are not insurance products and are not intended as a replacement for
insurance. AMOUNTS PAID TO LASO HEALTH,
IN ANY FORM, INCLUDING BUT NOT LIMITED TO MEMBERSHIP PAYMENTS, ARE NOT
INSURANCE PREMIUMS. SHOULD A CUSTOMER DESIRE ANY TYPE OF INSURANCE, INCLUDING
HEALTH INSURANCE, USERS WILL NEED TO PURCHASE SUCH INSURANCE SEPARETLY.
You represent and warrant
that at all times during your use of the App and the Services: (i) you will
hold a valid and unrestricted state license
or certification to practice in the field for which you are licensed or
certified, and that you have never had any state license or
certification limited, withdrawn,
suspended, curtailed or revoked in any state or jurisdiction, nor have you ever
been placed on probation
by any
applicable licensing
board; (ii)
you possess
all appropriate
certifications, registrations and approvals
from the Federal
Drug Enforcement Administration
and any other applicable federal or state agency necessary to prescribe and
dispense drugs, to the extent
permitted under your license or certification, under applicable federal and
state laws and regulations and, and no such certification,
registration or approval now or previously held by you has ever been limited,
withdrawn, suspended, curtailed, placed on probation
or revoked; (iii) you are not now listed by a federal agency as excluded,
debarred, suspended or otherwise ineligible to
participate in any federal program, including Medicare and Medicaid, and
you are not now listed, nor do you have any reason to believe that
you shall be listed, on the HHS-OIG
Cumulative Sanctions Report or the General Services Administration List of
Parties Excluded from
Federal
Procurement and
Non-Procurement Programs; (iv) no medical staff membership now or previously held by you have ever been
limited, suspended, curtailed, revoked, placed on probation or withdrawn as a
result of action (whether formal or informal)
initiated by
the health care facility or its medical staff, nor has any such membership
ever been the subject of any proceedings which can result
or could have resulted in the same; (v) you have never
been convicted
of a felony or any crime involving moral turpitude; (vi) you
have never been a party to, or the subject of, any litigation investigation or
proceeding, whether civil, criminal or administrative in nature,
relating in any way to medical services provided or
omitted to be provided by you and, to the best of your knowledge, there is
no litigation, investigation or
proceeding, whether civil, criminal or administrative in nature, pending
against you; (vii) none of the execution,
delivery or performance hereunder by you shall violate, conflict with or
constitute a breach or default under any agreement (whether written or oral) to which you are a party or by which you are bound; and (viii) you are authorized to work in the United
States. You shall give Laso
written notice within three (3) days of becoming aware or receiving notice of
any inability to make the representations and warranties set forth herein.
Any Services provided by
Laso Health, including premium services provided under any Laso Health, Laso
Rx, or MyLASO membership models, are not insurance products and are not
intended as a replacement for insurance.
AMOUNTS PAID TO LASO HEALTH, IN ANY FORM, INCLUDING BUT NOT LIMITED TO
MEMBERSHIP PAYMENTS, ARE NOT INSURANCE PREMIUMS. SHOULD A CUSTOMER DESIRE ANY
TYPE OF INSURANCE, INCLUDING HEALTH INSURANCE, USERS WILL NEED TO PURCHASE SUCH
INSURANCE SEPARATELY. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ADVERTISE,
PROMOTE, OR OTHERWISE INDICATE IN ANY WAY THAT ANY LASO HEALTH SERVICES ARE
INSURANCE OR CONSTITUTE A REPLACEMENT FOR INSURANCE.
4.
NO DOCTOR PATIENT RELATIONSHIP
YOU ACKNOWLEDGE AND AGREE
THAT LASO HEALTH IS NOT EMPLOYING YOU OR CONTRACTING FOR THE PROVISION OF
HEALTHCARE SERVICES THROUGH THE SITE. THE
SOLE PURPOSE OF YOUR USE OF THE SITE IS TO RECEIVE CONNECTIONS TO
POTENTIAL CUSTOMERS
IN NEED OF MEDICAL
SERVICES. HEALTHCARE PROVIDERS ARE
INDEPENDENT
PROVIDERS WHO ARE NEITHER OUR EMPLOYEES NOR AGENTS NOR REPRESENTATIVES. LASO
HEALTH’S ROLE IS LIMITED TO ENABLING THE HEALTHCARE PROVIDER SERVICES. THE
HEALTHCARE PROVIDER THEMSELVES ARE RESPONSIBLE FOR ADMINISTERING THE SERVICES.
NO LICENSED MEDICAL
PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN ANY USER USES THE SERVICES OR
CONTENT. THIS IS TRUE WHETHER SUCH
CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES, DIRECTLY BY YOU
THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM LASO HEALTH
INCLUDING, WITHOUT
LIMITATION, ANY BLOG, SOCIAL CHANNEL, EMAIL OR TEXT MESSAGE
ASSOCIATED WITH
OR INTEGRATED
INTO LASO
HEALTH
OR LINKS TO OTHER SITES,
OR ANY
ASSISTANCE WE
MAY PROVIDE
TO HELP
CUSTOMERS
FIND AN
APPROPRIATE HEALTHCARE
PROVIDER
IN ANY FIELD.
Laso
Health encourages Customers to use the Services responsibly, but we have no
control over, and cannot guarantee the acts or
omissions of a user at any particular time. We will not be liable for
cancelled or otherwise unfulfilled appointments, or any injury
resulting
therefrom, or
for any other injury resulting or arising from, or related
to, the use of the Site or Services whatsoever.
5.
CONTACTING CUSTOMERS;
AUTHORIZATION AND ACKNOWLEDGEMENT;
IMPORTANT INFORMATION ABOUT
HEALTHCARE PROVIDER
RELATIONSHIPS AND
HEALTHCARE PROVIDER
LISTS
In order to be listed on
the App or Site, you must provide certain credentialing information and enter into
a contract with us, and may be
required to pay us a fee in order to be marketed through or to use the
Services. You may also have the option to be featured in
advertisements or sponsored results page (“Sponsored Results”)
on the Site, for which additional fees may apply. Neither Healthcare
provider listings, nor Sponsored Results
shown through the Services constitute, and should not be considered as an
endorsement or recommendation by Laso
Health of the Healthcare Provider or representations or warranties with respect
to these Healthcare Providers or the
quality of the healthcare services they may provide. All fees charged to
Healthcare Providers by us will be consistent
with fair market value in an arms-length transaction, and will not take
into account the volume or value of any referrals or business
otherwise
generated between
the parties
for which
payment
may be made in whole or in part under any Federal
Healthcare program.
YOU AUTHORIZE US, AS
APPLICABLE, TO CHARGE YOUR CHOSEN PAYMENT METHOD FOR ANY FEES ASSOCIATED WITH
YOUR ENROLLMENT IN ANY SPONSORED RESULTS PROMOTION, DUE AT THE TIME OF INITIAL
PAYMENT AND EACH RENEWAL, UNTIL YOU CANCEL. ANY CANCELLATION WILL TAKE EFFECT
AT THE END OF THE CURRENT PROMOTION CYCLE. YOU AGREE TO BEAR SOLE FINANCIAL
RESPONSIBILITY FOR SUCH FEES.
In
order to facilitate a connection between you and the Customers, Laso Health may
provide your profile information to its account holders and
Customers. Your profile is based on information that
you provide to us, such as geographical location, services performed
and healthcare specialty. Note that Laso
Health (a) does not, recommend or endorse you to any Customer, (b) does not
make any representations or
warranties with respect to you or the quality of the healthcare services you
may provide, and (c) does not usually verify the information or content provided
by you or any Customer
to Laso
Health.
Customers’ appointments
will be
scheduled through
the App or Site, and you will be notified of the scheduled
appointment and
the services
requested
by our
Customers.
YOU
ACKNOWLEDGE AND UNDERSTAND THAT CUSTOMERS ARE RESPONSIBLE FOR CHOOSING THEIR
OWN HEALTHCARE PROVIDER, NOT LASO HEALTH. NOTHING STATED OR POSTED ON THE SITE
OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE OR CONSTITUTES A REFERRAL
TO A HEALTHCARE PROVIDER BY LASO HEALTH. LASO HEALTH DOES NOT REFER PATIENTS TO
HEALTHCARE PROVIDERS, DOES NOT ENTER INTO REFERRAL OR FEE-SHARING AGREEMENTS,
OR COLLECTS A REFERRAL FEE FROM ANY HEALTHCARE PROVIDER. ANY FUNDS LASO HEALTH
RECEIVES IN CONNECTION WITH THE SERVICES ARE FOR ADMINISTRATIVE SERVICES AND
ARE NOT FOR PROVIDING HEALTHCARE SERVICES NOR REFERRALS.
5.1
Verification.
You agree that your use
of the Services, or certain features or functionality of the Services, may be
subject to verification by us of your
identity and credentials as a health care provider or health care professional,
and to your ongoing qualification as such. You agree that we may use and disclose your information for such purposes,
including making
inquiry
of third parties
concerning your
identity
and professional
and practice
credentials. You
authorize such
third parties
to disclose
to us such
information as we may request for
such purposes, and you agree to hold them and us harmless from any claim or
liability arising from the request
for or disclosure of such information. You agree that we may terminate your access to or use of the Services at any time if we are
unable at any time to determine
or verify your identity, qualifications or credentials. Laso Health may exclude
you from the Site or Services if, in
Laso Health’s discretion, you have engaged in inappropriate or unprofessional
conduct. Laso Health shall not be liable
if you are not properly
licensed in
the State
in which
you practice.
5.2
Direct
Physician-Patient Relationship.
You acknowledge and agree that your provision of any healthcare services to our
Customers creates
a legal and direct business
relationship between
you and
the Customers,
to which
Laso Health
is not a party. Laso Health is not
responsible or liable for actions or inactions of a Customer in relation to
your healthcare services. You shall have the sole responsibility for any obligations or liabilities to Customer or third parties
that arise
from your
provision of
healthcare services.
You acknowledge and agree
that you are solely responsible for taking such precautions as may be
reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a Customer
or third party.
5.3
Informed Consent. You are solely responsible (and Laso Health disclaims all liability related thereto) for providing and collecting all informed
consent forms and
authorizations necessary to provide the healthcare services provided by you to
Customers. You understand that it is
your responsibility and obligation under state law to provide specific
information to a Customer or a separate informed
consent for the Customer to sign in connection with any healthcare services
that you may provide. To avoid any doubt, in
order to use the Services from Laso Health, we require that you obtain
all required informed consent forms required by law from Customers.
If you do not or cannot collect such informed consent
forms applicable to Customers, you are not permitted to use the
Services.
6.
CONTENT PROVIDED BY THIRD PARTIES
6.1
Content is
intended for general
reference purposes only and is provided with limited or no editorial oversight
from Laso Health. Content may be
provided by a Customer and collected from multiple other data sources that may
not be confirmed by the Customer. Such
Content can change frequently and may become out of date, incomplete or
inaccurate. Neither the Site nor Laso Health provides any certification as to the accuracy of any Content.
6.2
No Endorsements.
Laso Health does not
endorse and is not responsible or liable for any Content, data, advertising,
products, goods or services
available or unavailable from, or through the App, Site and/or Services. The
statements, comments, reviews, information and ratings contained in any Content are solely the opinion of the Customer submitting such Content and do not reflect the opinion of Laso Health or any of its
affiliates or subsidiaries or any of their respective owners, managers,
officers, employees, agents or
representatives. You acknowledge and understand that Laso Health simply acts as
a passive conduit and an interactive computer
provider for the publication and distribution of Content. Laso Health does not
have any duty or obligation to investigate the
accuracy of
Content
or the
quality of
the services
performed
by you or any other Healthcare Provider
which is
the subject
of any Content.
By using the App, Site and/or
Services, you agree that it is solely your responsibility to evaluate your
risks associated with the use, accuracy,
usefulness, completeness, appropriateness
or legality
of any
information, responses, writings or other materials that you submit,
transmit or
otherwise
convey through
the App,
Site and/or
Services.
6.3
Waiver of
Liability. Under no
circumstances will Laso Health be liable in any way for any Content including,
but not limited to any Content
that contains
errors, omissions
or defamatory
statements, or
for any loss or damage of any kind incurred as a result of the use of any Content
submitted, accessed,
transmitted or
otherwise conveyed
via the
App, Site
and/or
Services or
otherwise. You
hereby waive any claims, rights or actions that
you may have against Laso Health or any of its affiliates or subsidiaries with
respect to any Content
and release
Laso Health
and each
of its
affiliates and
subsidiaries from
any and
all liability
for or
relating
to Content.
6.4
Indemnification. You agree to indemnify and hold Laso Health and each of its
affiliates and subsidiaries and their respective owners, managers,
officers, employees, agents or representatives
harmless for any damages that may arise, directly or indirectly, from
any claim
or right it may have against Laso Health with respect to any statements made by a Customer or Content submitted
by a
Customer which
is communicated,
posted
or published
by Laso
Health
on its App, Site and/or Services or to a third party.
6.5
Additional
Information. We may
provide you
with information provided by the Customers to assist you in clinical
decision-making. This information
may include general health-care related information and resources. We may also
provide forums for our Customers to
exchange information. You agree that the information and materials available
through the Services are for informational and
educational purposes only and are not intended to constitute
professional advice, diagnosis or treatment, or to substitute for your
professional judgment. Information may be
placed in the Services by us and by third parties beyond our control, including
by funding sources of such
information. We are not responsible for the accuracy or completeness of
information available from or through the Services. You assume full risk and responsibility for the use of information you obtain from or through
the Services,
and neither
we nor any of our licensors or data providers are responsible or liable for any claim, loss, or liability arising
from use of the information. We do not recommend or endorse any provider of
health care or health-related products, items or services, and the appearance
of materials in the Services relating
to any such products, items or services
is not an endorsement or recommendation of them. You will review the definitions,
functionality, and
limitations of the Services, and to make an independent determination of their
suitability for your use. We and our suppliers and licensors
disclaim all warranties, whether expressed or
implied, including any
warranty
as to the quality, accuracy, and suitability of the information
provided by
the Services
for any purpose.
6.6
Safeguards. You will implement and maintain appropriate administrative,
physical and technical safeguards to protect information
within the
Services.
Such safeguards
shall comply
with federal,
state,
and local
requirements, including
the Privacy
Rule and
the Security
Rule, whether or not you are otherwise subject to HIPAA. You will maintain
appropriate security with regard to all personnel, systems, and
administrative processes used by you or members of
your staff to transmit, store and process electronic health
information through
the use of the Services.
6.7
Breach
Notification. You will
immediately notify us of any breach or suspected breach of the security of the
Services of which you become aware,
or any unauthorized use or disclosure of information within or obtained from
the Services, and you will take such actions to mitigate the breach, suspected breach, or unauthorized use or disclosure of information within
or obtained
from the
Services as
we may
direct, and
will cooperate
with us in investigating and mitigating the same.
7.
PRIVACY POLICY
Laso Health reserves the
right, and you authorize Laso Health, to use and assign all information
regarding your use of the Site and all information
provided by you in any manner consistent with the Privacy Policy. The Privacy
Policy, which may change from time to time
without prior notice, is a part of these Terms of Use. Please review the
Privacy Policy carefully, as your use of the Services constitutes
your agreement
to it.
8.
YOUR RESPONSIBILITIES
8.1
Your
Account Username
and Password
If you choose, or are
provided with, 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 particular 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.
Laso Health has the right
to disable any account, username, password, or other identifier, whether chosen
by you or provided by Laso Health, at any time in Laso Health’s sole discretion
for any or no reason, including if, in Laso Health’s opinion, you have violated
any provision of these Terms of Use.
8.2
Your Responsibilities Generally
Laso Health shall not be responsible for the payment of costs associated with any healthcare
treatment or
services provided
by you. If you
use the App, Site and/or Services,
you elect to receive Customer payments through Laso Health and hereby agree to
execute and deliver to Laso Health an
authorization agreement for direct payments whereby, among other things, Laso
Health shall be irrevocably
authorized to initiate transfers from Customers to Laso Health and subsequently
to you in the amounts required or permitted
under the Site, including payments for Services and payment
of all
other fees
or charges
due under this
Agreement or any
other agreement
between
you and
Laso Health.
Your authorization
for direct
transfers as
hereby provided
shall be
irrevocable and
such transfers
shall continue
until all
obligations are
paid in full.
You are responsible for ensuring that all information that you provide to Laso
Health is accurate and up-to-date. A portion of the Services may
not be available through Laso Health depending upon
a number of factors. Ultimately, you must resolve any dispute
between
you or any Customer arising
from any
transaction hereunder
directly with
the Customer.
You are responsible for
all use of the Services, including the privacy and security of any 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
Services
in
a
manner
consistent
with
the
Acceptable
Use Policy. Please review the Acceptable Use Policy carefully, as your use of the Services constitutes your agreement to it.
In addition
to our
rights in
these Terms
of Use, we may take any legal action and implement any technological
measures
to prevent
violations of
the restrictions
hereunder and
to enforce
these
Terms of
Use or our Acceptable Use Policy.
8.3
Responsibilities of Healthcare Providers
You
agree
that:
(a)
You will not use
the Services to view,
access or otherwise use, directly or indirectly, price, availability, or other
Content for any purpose
other
than your
own personal
use as a Healthcare Provider.
(b)
You will not use
the Services to
establish, attempt to establish, or enforce, directly or indirectly, any
agreement or coordination of the
prices charged for any product or service; the kinds, frequencies or amounts of
any product or service offered; or the customer or customer
categories for any product or service, or otherwise
engage or attempt to engage in price fixing, output restriction, or
customer
or market
allocation.
(c)
You will not use
the Services, directly
or indirectly, to engage in any anti-competitive, deceptive or unfair
practices, or otherwise violate
applicable antitrust,
competition or
consumer protection
laws, or
regulations.
(d)
You
will
hold
and maintain
(i) valid
licenses, permits,
approvals and
authorities required
by applicable
law to
practice
and provide the
healthcare services provided by you;
(ii) adequate knowledge, training and
expertise to provide the healthcare services in a professional manner with due skill, care and diligence and (iii) high standards of professionalism,
service
and courtesy.
(e)
You may be
subject to certain
background checks and verification or validation efforts by Laso Health from
time to time in order for
you to
remain
eligible to
use the Services.
(f)
You will, at all
times, provide
Services in accordance with your responsibilities and obligations under state
law and applicable ethical
and legal
practice
standards. You will not use the Services to violate any ethical practice
standards, or applicable state or federal laws.
Laso Health may require
additional or corrected licenses, permits, approvals or authorities to be
posted by you, as determined in Laso Health’s
sole discretion. Laso Health shall not be responsible for verifying the
accuracy or completeness of any licenses, permits, approvals or authorities posted by you. You shall
comply with
all requests
by Laso
Health
for further
information related
to all
required licenses,
permits and
approvals
necessary for
the provision
of healthcare
services
by you.
8.4
Compliance
with
Law.
You
are
solely
responsible
for
ensuring
that
your
use
of
the
App
and
Services complies
with applicable
federal, state, and local law, including
laws relating to the maintenance of the privacy, security, and confidentiality
of patient and other health
information. You
will not
grant any
user, including
members of
your staff,
any rights
to access
or use our Services that they would not be
allowed to have under
applicable laws. In using the Services, you are solely responsible for
compliance with all laws relating to
the transmission of text messages, automated or pre-recorded phone calls,
faxes, email and other communications for refill reminders, appointment reminders, bill pay reminders or other purposes, including, without limitation, the Controlling the Assault of Non-Solicited
Pornography And
Marketing Act
of 2003
(codified at
15 U.S.C.
Chapter 103),
the Telephone
Consumer
Protection Act
of 1991
(codified at 47
U.S.C. 227
et. Seq.),
Do-Not-Call legislation
and all
similar
international, federal
or state
laws. Without
limiting
the foregoing,
in using the Services you are solely responsible for obtaining any consent or other permission required by such laws from your patients
or other individuals to send any communication to your patients
or other
individuals. We
offer no
assurance that
your use of the Services under the terms of this Agreement will not violate any law or regulation applicable to you. You acknowledge that we may share Your Information with third parties
if we in good faith believe that disclosure of Your Information is necessary to (i) comply
with a
court order,
warrant
or other
legal process,
(ii) protect
the rights,
property
or safety
of Laso
Health
or others,
(iii)
investigate or
enforce
suspected breaches
of these
Terms of
Use, or (iv) allow our third-party
partners
to comply
with their
obligations under
federal or
state law.
You agree to price your healthcare services in compliance with all
applicable laws, including but not limited to, any applicable federal, state
and local Healthcare Laws, HIPAA, fee-splitting prohibitions,
corporate practice of medicine prohibitions, state
privacy laws, antitrust laws, and conditions for participation in Healthcare Programs,
including Medicare, Medicaid,
TRICARE, and/or any
state or federal government
insurance programs and/or plans. You further agree
that your use of the App and Services shall not otherwise violate the terms of
any commercial payor contracts to which you are a party or directly or
indirectly bound.
8.5
Professional
Responsibility. You will be solely
responsible for
the professional and technical services you provide. We make no
representations concerning the
completeness, accuracy or utility of any information in the Services, or
concerning the qualifications or competence
of persons who placed it there. We have no liability for the consequences to
you or your patients of your use of the Services.
8.6
Payments
for
Services;
No
Healthcare
Program
Reimbursement.
You
understand and acknowledge that by accessing and
using the App, Site and/or Services, you acknowledge that all Services provided
through us are self-pay only services for which the Customers will be solely
responsible, and no part of the cost of the services will be submitted for
reimbursement directly or indirectly by Customers or Healthcare Providers to
commercial payors, nor to any state or federally funded healthcare programs,
including, but not limited to Medicare, Medicaid, and TRICARE. Submitting
claims for self-pay services to Federal, state, or commercial healthcare
programs could expose you to civil and criminal liability and may result in
removal from the App and Site.
8.7
Discounts on items or services reimbursable
by Federal
healthcare programs. You agree acknowledge and represent
that any discount offered to Customers for the Services will be in compliance
with federal, state or local laws and rules regarding
discounts and coupons for healthcare services including but not limited to
federal and state Healthcare Laws. “Healthcare
Laws” means all applicable Laws relating to the possession, control,
warehousing, marketing, sale and distribution
of pharmaceuticals, the operation of medical or senior housing facilities (such
as, but not limited to, nursing homes,
skilled nursing facilities, rehabilitation hospitals, intermediate care
facilities and adult care facilities), patient
healthcare,
patient healthcare information, patient abuse, the quality and adequacy of medical care, rate setting, equipment, personnel, operating policies, fee splitting, including, without
limitation, (a) all federal and state fraud and abuse laws,
including, without limitation, the federal
Anti-Kickback Statute (42 U.S.C. §1320a-7b(6)), the Stark Law (42 U.S.C.
§1395nn), the civil False Claims Act
(31 U.S.C. §3729 et seq.), (b) TRICARE, (c) HIPAA, (d) Medicare, (e) Medicaid,
(f) the Patient Protection and
Affordable Care Act (P.L. 111-1468), (g) The Health Care and Education
Reconciliation Act of 2010 (P.L. 111-152), (h) quality, safety and accreditation
standards and
requirements of
all applicable
state laws
or regulatory
bodies, (i)
all laws, policies, procedures, requirements and regulations pursuant to which Healthcare Permits are issued,
and (j) any and all other
applicable health care laws, regulations, manual provisions, policies and
administrative guidance, each of (a) through (j) as may be amended
from time
to time.
You further
agree that
any applicable
discount
will be
applied
equally to the
full cost of the Service, and will not
take into account Customers cost-sharing obligation, which are otherwise
inapplicable to
self-pay services.
9.
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
Laso 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.
10.
LINKS TO OTHER WEBSITES
10.1
Linking to the Site
Hyperlinks to the Site
may not state or imply any Laso Health sponsorship or endorsement of another
website, publication, or service. The
Content may not be incorporated into another website, publication, or service
without Laso Health’s prior written approval. You agree to cooperate
with Laso Health in causing any unauthorized
framing or linking to stop
immediately. Laso Health
reserves the right to withdraw linking
permission without
notice.
10.2
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. Laso 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.
11.
YOUR USE OF CONTENT
All of the Content is
owned by us or our licensors and is protected by United States and
international copyright, trademark, patent, trade
secret, and other intellectual property or proprietary rights laws. You
acknowledge that the Services and any underlying technology or software
used in
connection with
the Services
contain
Laso Health’s
proprietary information. We give you permission to use the Content
for personal, non-commercial purposes only and do not transfer any intellectual
property rights to you by virtue of permitting
your use of the Services. You may print, download, and store information from
the Site for your own convenience, but you may
not copy, distribute, republish (except as permitted in this paragraph), sell,
re-sell or otherwise exploit any of the Content, or exploit the
Site or Services in whole or in part, for any
commercial gain or purpose whatsoever. Except as expressly provided herein,
neither Laso Health nor its licensors
grant you any express or implied rights, and all rights in the Site and the
Services not expressly granted
by Laso
Health
to you
are retained
by Laso Health.
We may incorporate third
party software as part of certain of the Services, including without limitation
open source third party software.
Your use of such third party software is subject to any and all applicable
additional terms and conditions governing such use provided by the third party software provider. Where applicable, additional notices relating to the third party software
may be
provided by
us, which
for example
may contain
attribution and
disclaimer notices
applicable to
the third
party
software.
12.
DISCLAIMER
You acknowledge that we
have no control over, and no duty to take any action regarding: (a) which
Customers 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, (e)
what actions you may take as a result of having
been exposed to the Content; or (f) what Posted Information you post.
You release us from all liability for you
having acquired, you having not acquired, your use of Content or your posting
of Posted Information. We make no
representations or warranties regarding suggestions or recommendations of
services or products offered or purchased
through the Site and/or the 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 CUSTOMERS OF THE SERVICES OR ANY OTHER DATA
OR INFORMATION PROVIDED OR RECEIVED
THROUGH THE SERVICES. LASO 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. LASO
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.
13.
GENERAL LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT
PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL LASO HEALTH BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, INCLUDING WITHOUT
LIMITATION ANY LOSS OF PROFITS, REVENUES,
DATA OR COMPENSATION THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, THE SERVICE OR SITE, EVEN IF LASO
HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
OF DAMAGES SET FORTH ABOVE IS A
FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LASO HEALTH AND
YOU. THIS SITE AND THE CONTENT DISPLAYED ON OR ACCESSIBLE THROUGH THE SITE WOULD NOT BE PROVIDED
WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM LASO HEALTH THROUGH THE SITE
WILL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS
OF USE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN
NO
EVENT WILL
LASO HEALTH’S TOTAL LIABILITY TO
YOU FOR
ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICE OR SITE, WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED U.S. $100 OR THE LOWEST AMOUNT PERMITTED UNDER APPLICABLE LAW.
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.”
14.
TERMINATION
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. Laso Health shall not be liable
to you or any third party for any termination,
suspension or deactivation of your access to the Site and/or the Services.
Further, you agree not to attempt to use
the Site and/or the Services after any such termination, suspension or
deactivation (provided, in the case
of deactivation due exclusively to your inactivity, you may be permitted to
create another account). Sections 1, 2, 3, 4, 5, 7, 9, l0, 11, 12, 13, 14, 15, 16 and 17 shall
survive any
termination or
expiration of
these Terms
of Use.
15.
INDEMNIFICATION
You agree to defend,
indemnify, and hold harmless Laso Health, its affiliates, licensors, and
service providers, and its owners, officers,
directors, employees, contractors, agents, licensors, suppliers,
successors, and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses, or fees, including attorneys’ fees,
arising out
of or
relating
to:
(a)
your violation
of these Terms of Use or
your use of the Site or Services, including, but not limited to, your Posted Information, any use of the Site or
Services other than as expressly authorized in these Terms of Use or your use
of any information
obtained
from the Site;
(b)
the performance or omission of any healthcare services provided by you to any Customer
or other
third party;
(c)
delays in evaluation or care due to technology issues or failure
of the
Site to
operate
properly;
(d)
adverse drug interactions, allergic
reactions, other
judgments
related to lack
of access
to medical
records;
(e)
malpractice claims,
claims of
negligent
credentialing;
(f)
violations
by you of federal, state or local laws, including but not limited to Healthcare
Laws, HIPAA, fee-splitting prohibitions,
corporate practice of medicine prohibitions, state privacy laws, antitrust laws
and conditions for participation in Healthcare
Programs, including Medicare, Medicaid, TRICARE,
and/or any state or
federal government insurance programs
and/or plans.
In addition, you hereby
agree to indemnify, defend, and hold harmless us and other users, and our and
their respective affiliates, officers, directors,
employees and
agents, from
and against
any claim,
cost or
liability,
including reasonable
attorneys’ fees,
arising out of
or relating to: (a) the use of the Services by you or your staff; (b) any breach
by you or your staff of any representations, warranties, or agreements
contained in
these Terms
of Use; (c) the actions of any person
gaining access
to the
Services
under credentials
assigned
to you or a member of your staff; (d) the actions of anyone using credentials assigned to you or any member of your staff that adversely
affects the
Services
or any
information accessed
through
the Services;
(e) your
negligent
or willful
misconduct, or
that of any member of your staff; (f) the performance
or omission of any healthcare services provided by you to any Customer or other third party; (g) delays in evaluation or
care due to technology issues or failure of the Site to operate properly; or
(h) adverse drug interactions,
allergic
reactions, other
judgments related
to lack of access
to medical
records.
Your indemnifications
obligations in these Terms of Use are cumulative, and are not intended to, nor
do they, limit your indemnification obligations elsewhere in these terms of Use or at law, even if such obligations arise or are occasioned or triggered by a single assertion, claim, circumstance,
action,
event or
transaction.
16.
MISCELLANEOUS
16.1
Electronic Contracting
Your
affirmative
act of using the Services
and/or creating
an account
constitutes your
electronic signature
to this
Agreement, which
includes our
Privacy Policy
and Acceptable
Use Policy,
and your
consent
to enter
into such
agreements with
us electronically.
16.2
Changes to These Terms of Use
We may change these Terms of Use and the other
documents that
are part of the Agreement
at any
time, as we deem appropriate. Upon any such change, we will post the amended terms on the
Site; we may also attempt to notify you in some other way. Your
continued use of the Site and/or the Services following such posting shall constitute your affirmative
acknowledgement of
the Terms
of Use or other applicable Agreement
document, the
modification, and
agreement to
abide and
be bound by the Terms of Use or other
applicable Agreement
document,
as amended.
We encourage
you to
periodically review
these Terms
of Use and the Agreement. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE
TERMS OF USE OR THE AGREEMENT, INCLUDING FOLLOWING ANY SUCH
MODIFICATIONS HERETO,
THEN YOU
MUST STOP
USING THE
APP, SITE, AND
THE SERVICES.
16.3
Choice of Law – Important – Please Review as This Affects Your
Legal Rights
Any legal action of
whatever nature brought by either you or us (collectively, the “Parties” and individually,
a “Party”) shall be commenced or
prosecuted in the state and federal courts located in San Antonio, Texas, and
the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction and forum non conveniens with respect
to venue and jurisdiction in such state and federal courts. Application of
the United Nations Convention on Contracts for the International Sale of Goods
and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall
any claim,
action, or proceeding brought by either
Party related in any way to the Site be commenced more than 1 year after the
cause of action arose.
16.4
Dispute Resolution
– Important – Please
Review as This Affects
Your Legal Rights
(a)
Informal Negotiations
To expedite resolution
and control the cost of any dispute, controversy, or claim related to these
Terms of Use (each a “Dispute” and collectively,
the “Disputes”) brought by either you or us (individually, a “Party” and collectively,
the “Parties”), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least 60 days before initiating
arbitration. Such
informal negotiations
commence upon
written
notice from
one Party
to the
other
Party.
(b)
Binding
Arbitration
PLEASE READ THE FOLLOWING
CAREFULLY AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS
AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS
YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU
WILL ONLY BE PERMITTED TO PURSUE CLAIM AGAINST LASO HEALTH ON AN INDIVIDUAL
BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION
OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING
MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3)
YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY
OR IN A COURT OF LAW. BY USING THE APP, SITE, AND SERVICES YOU SIGNIFY YOUR
ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS
AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE OR PROVIDE THESE
SERVICES. 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 Bexar County, Texas. 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.
If for any reason, a
Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in Bexar County,
Texas, and the
Parties
hereby consent to, and waive all defenses of lack of
personal jurisdiction,
and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for
the International Sale of Goods and the the Uniform Computer Information
Transaction Act
(UCITA)
are excluded
from these
Terms of Use.
In no event shall any
Dispute brought by either Party related in any way to the Site be commenced
more than 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.
(c)
Restrictions
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.
16.5
Entire Agreement
This Agreement and any
supplemental terms, policies, rules and guidelines posted through the Services,
each of which are incorporated herein by
reference, including the Privacy Policy and the Acceptable Use Policy,
constitute the entire agreement between you and us and supersede all previous
written or oral agreements. If any part of this Agreement is held invalid or
unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties,
and the remaining portions shall remain in full force and effect. The failure
of Laso Health to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right
or provision.
The failure
of either
party
to exercise
in any
respect
any right
provided
for herein
shall not
be deemed a waiver of any further
rights hereunder.
16.6
Headings
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.
16.7
Assignment
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
Eligibility
You must be 18 years of
age or over, or the legal age to form a binding contract in your jurisdiction
if that age is greater than 18 years of age, to create
an account
with us or use the Site and the Services.
If you do not qualify
under these Terms of Use or cannot comply with the Acceptable Use Policy, do
not use the Site or Services. Use of
the Services is void where prohibited by applicable law, and the right to
access the Site is revoked in such jurisdictions. By using the Site
and/or the Services, you represent
and warrant that you have the right, authority, and capacity to enter into
these Terms of Use. The Site is
administered in the U.S. and intended for U.S. users; any use outside of the
U.S. is at the user’s own risk. You are responsible for compliance with any local,
state or
federal
laws applicable
to your use of the App, Services
and/or the
Site.
16.9
SMS/Text Communications
We may send communications to you on your mobile
telephone by
SMS or
text message.
Message
and data
rates from
your mobile
telephone service
provider may
apply and
are subject
to the
terms and
conditions imposed
by your
provider.
17.
PAYMENT PROCESSING
17.1
Payment and Transaction Processing Generally.
You may be permitted to
use the Services to receive payment for Designated Provider Services (as
defined below) and/or other payments,
including, for example, missed appointment fees. In connection with such
payments, we process the Customer’s payment card
information in accordance with our Privacy Policy. Laso Health
and/or its payment processing partner may collect
from the Customer a transaction
processing fee for our billing, collection and payment services (the
“Transaction Processing Services”) performed in connection with such payment, which transaction
processing fee
is paid by the Customer.
·
If a
Customer
cancels a scheduled appointment less than 24 hours prior to such scheduled
appointment, Laso shall charge its Transaction Processing Fee and the balance
of amounts shall be paid to the Healthcare Provider. Customer shall not
receive a refund.
·
If a
Customer
cancels a scheduled appointment at least 24 hours prior to such scheduled
appointment, Laso shall provide Customer with a full refund.
·
If a
Provider
cancels a scheduled appointment prior to providing services to a Customer,
Customer shall receive a full refund.
17.2
Designated Provider Services.
You may provide through
the Services price information for your healthcare and related products and
services (“Designated Provider Services”), and permit Customers to use the Services to pay for such Designated Provider Services.
Prior to accepting an
appointment for Designated Provider Services, please carefully review (a) the
price information, and (b) all of the products
and services that are included and excluded in each Designated Provider
Service. You are required to provide the applicable Designated
Provider Service at or below the price indicated at
the time of scheduling (“Designated Price”), unless a Customer
separately agrees otherwise. Services in
addition to or different from Designated Provider Services may be provided,
offered or rendered by you. You and
the Customers are responsible for agreeing to any additional or different
services. WE ARE NOT RESPONSIBLE FOR YOUR OR ANY CUSTOMER’S
FAILURE TO
AGREE
TO ANY
ADDITIONAL OR
DIFFERENT SERVICES.
You acknowledge and agree
that: Customers are solely responsible for and will pay you the Designated
Price for the Designated Provider Services charged through Laso Health, as well
as other amounts you may charge through Laso Health for any additional or
different services rendered during the applicable appointment;
(a)
Customers remain
responsible for paying
all amounts due for Designated Provider Services, as required by law and/or
contract;
(b)
Laso
Health may
process
payments, and may
do so in collaboration with our payment
processing partner;
(c)
Laso Health is
not responsible for any
charges incurred for any products or services provided by you, including any
Designated Provider
Service;
(d)
Laso
Health is not responsible for any
charges submitted for
processing by you;
(e)
in the event you
or a Customer disputes
any fees chargeable or charged through Laso Health, you will resolve such
dispute directly
with the
applicable Customer;
(f)
by using the
Transaction Processing
Services, you accept the terms of use and privacy policy of our payment
processing partner
with respect
to Transaction
Processing Services;
and
(g)
you
will promptly
review any
disputes
regarding any
charges processed
through the
Transaction Processing
Services; and
You further
acknowledge and
agree
that: neither
Laso Health
nor our
payment
processing partner
will be
responsible if
either we
or our
payment processing
partner are
unable to
complete
a transaction
for any
reason,
including but
not limited to:
(A)
if the Customer has not provided
us with
accurate, current
and complete
payment
information;
(B)
if the Customer does not have sufficient
available funds
or available credit to
complete the
transaction;
(C)
if the Customer
does not have an active
payment card, or if we are unable to confirm your payment card information or
your identity;
(D)
if
the
Customer’s
or
your
account with us, the Customer’s or your account
with our
payment
processing partner,
the Customer’s or
your access to the Services, or the
Customer’s or your access to our payment processing partner’s services has been
terminated or suspended
for any reason;
(E)
if we or our payment processing
partner have
reason
to believe
that the
requested
transaction is
unauthorized; or
(F)
if we terminate or suspend the services we provide to you or the Customer.
17.3
Sales Tax.
All federal, state and
local sales, use, and services taxes, value-added taxes, duties, fees,
registration charges or other like charges
(“Sales Taxes”) which are properly payable in connection with the
purchase and sale of the Designated Provider Services contemplated
by these Terms of Use shall be borne by the Party
responsible for such Sales Taxes under the applicable law. Each party
shall cause to be filed as required by it
under applicable law all tax returns and other documentation, at its own
expense, with respect to
such Sales
Taxes.
©
2023 LASO
Health,
LLC. All
rights reserved.