Consumer Terms of Service

Last modified: July 01, 2022

 

(Privacy Policy: https://www.skedgealert.com/privacy/)

 

SkedgeAlert, Inc. (“SkedgeAlert,” “our,” “we,” or “us”) provides a platform (the “Platform”) that facilitates scheduling appointments between Service Providers (“Service Providers”) and their Clients (customers of Service Providers) using our web or mobile applications, messaging, texting and other communication technologies.  You, as a Client, agree to these Terms of Service, (our “Terms”), by installing, accessing, or using our Platform, related apps, services, features, software, websites, or text services (together, “Services”).  Our Services also include any other services or sites that link to these Terms.

 

By using our Services, you: (a) acknowledge that you have read and understand these Terms; (b) represent that you have the capacity to enter into a binding agreement; and (c) accept and agree that you are legally bound by these Terms.  If you do not, or cannot, agree to these Terms, do not use the Services.

 

We may amend or modify these Terms at any time by posting the amended Terms on our application or website.  Please check these Terms periodically for those changes. Your continued use of the Services after the posting of such changes constitutes your acceptance of the modified Terms.  For your convenience, the date of last revision is included at the top of this page. We may make changes to or discontinue the Services at any time.

 

Our Services only facilitate the scheduling of appointments, and we provide no other services related to your appointment.  You hereby release SkedgeAlert from any and all claims associated with the services rendered by your Service Providers, including without limitation any claims associated with your Service Providers’ failure to confirm, honor or attend any appointment or any claims associated with the products or services provided, or not provided, by your Service Providers or any other claims you may have against your Service Provider for any reason.  OUR SERVICES DO NOT PROVIDE ACCESS TO EMERGENCY SERVICES OR EMERGENCY PROVIDERS OF ANY KIND.  IF YOU ARE EXPERIENCING AN EMERGENCY, CALL 911.

 

  1. HEALTH CARE APPOINTMENTS: You may use our Services to schedule appointments with health care Service Providers. IF YOU ARE UTILIZING OUR SERVICES TO SCHEDULE HEALTH CARE APPOINTMENTS, PLEASE REVIEW OUR HEALTH CARE SPECIAL TERMS BELOW, WHICH APPLY TO YOU. 

  2. ABOUT OUR SERVICES:

    1. Registration. In order to access the Services, you must create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password and login credentials secure. You must notify us immediately of any breach of security or unauthorized use of your account.  If your account information changes, you must update your account promptly.  When you create an account, you agree to receive e-mails, mobile notifications, text messages, and phone calls from us and Service Providers.

    2. Qualification. You represent and warrant that you meet the following qualifications: (1) if you are an individual person, that you are at least 18 years of age (“an adult”) and a resident of the US; (2) if you are using the Platform on behalf of another adult or a minor, that you have all necessary legal authority, consents, and permissions to use our Services on behalf of said individual; (3)  if you are an organization, that you are validly organized under applicable US law, and the person completing this registration is authorized to enter into contracts on the entity's behalf; and (4) you are able to form legally binding contracts under applicable law.

    3. Access by Children. NO ACCESS BY CHILDREN.  In accordance with our Terms, you must be 18 years of age to use our Services. SkedgeAlert does not knowingly use or collect information from children under 13 and our Services are not directed at children under 13 years of age. If SkedgeAlert becomes aware that a child under 13 has provided SkedgeAlert with information, we will delete that information. If you become aware that a child has provided SkedgeAlert with information without parent or legal guardian consent, you must contact us at contactus@skedgealert.com. If a parent or guardian registers for our Services on behalf of a minor under the age of 18, or otherwise utilizes our Services to schedule appointments on behalf of a minor under the age of 18, the parent or legal guardian represents and warrants to SkedgeAlert (as set forth above) (i) that he or she is the parent or legal guardian of that minor with a right to provide us with the information regarding the minor and (ii) that he or she has the lawful right to register for and utilize our Services on behalf of said minor.

    4. Devices and Software. You are responsible to provide your own device and certain necessary software and data connections to use our Services. For as long as you use our Services, you agree to downloading and installing updates to our Services. Be advised that your failure to timely install software and other updates for our Services may likely increase the risks that your data can be accessed or compromised without your permission and that our Services will not function properly. You are responsible for all fees, costs, and taxes associated with the use of devices used to access our Services, including all equipment costs, and any and all fees, costs, and taxes associated with your internet service provider and mobile carrier data plan.  Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.

    5. Fees for Services. SkedgeAlert does not charge you any fee for your use of our Service.  You are responsible for all fees, costs, and taxes associated with the service provided by your Service Provider.

  3. PRIVACY POLICY AND USER DATA: SkedgeAlert cares about your privacy. SkedgeAlert’s Privacy Policy describes our information practices, including the types of information we receive and collect from you and how we use and share this information. By using the Services and entering into these Terms, you agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy.

  4. ACCEPTABLE USE OF OUR SERVICES:

    1. Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you may not create another account without our permission.

    2. Legal and Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of SkedgeAlert, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; (f) involve any non-personal use of our Services unless expressly authorized by us; or (g) violate any applicable law.

    3. Harm to SkedgeAlert or Our Users. You must not (or assist others to) access, use, copy, adapt, modify, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services; or (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time.

    4. External Services. Our Services may allow you to access, use, or interact with websites, apps, content, and other products and services offered by third parties. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.

  5. LICENSES:

    1. User Data; License to SkedgeAlert. You shall be the sole owner of the data you submit through the Services (“User Data”).  You represent and warrant that you have all necessary authority to submit such data through the Services.  You grant SkedgeAlert a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the User Data for the purpose of operating, providing and developing our Services. 

    2. License to the Service. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.  We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. We reserve all rights not expressly granted in these Terms. 

  6. DISCLAIMERS:

    1. Assumption of Risk – No Warranties. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US, A SERVICE PROVIDER, OR OTHERWISE USED ON OUR PLATFORM IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OF SERVICE PROVIDERS. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES.

    2. Release. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, MEMBERS, OWNERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “SKEDGEALERT PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.  WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR SERVICE PROVIDERS OR ANY APPOINTMENTS SCHEDULED THROUGH OUR SERVICES WITH SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION THE OCCURRENCE OR NON-OCCURRENCE OF AN APPOINTMENT OR ANY ACTION OR INACTION OF ANY KIND BY A SERVICE PROVIDER.

    3. Limitation of Liability. THE SKEDGEALERT PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR SERVICES, EVEN IF THE SKEDGEALERT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE SKEDGEALERT PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    4. Indemnification. You agree to defend, indemnify, and hold harmless the SkedgeAlert Parties (defined above) from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

  7. DISPUTE RESOLUTION: Choice of Law and Venue:  In the event of a dispute pertaining to these Terms, you agree to attempt to negotiate in good faith an acceptable resolution. If a resolution cannot be negotiated, then you agree to submit the dispute to voluntary non-binding mediation before pursuing other remedies. These Terms shall be construed and controlled by the laws of the State of Washington without giving effect to any choice or conflict of law provision or rule. Pierce County shall be the venue of any mediation, arbitration or litigation arising out of this Agreement.

  8. AVAILABILITY OF OUR SERVICES: Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time without notice to you. Events beyond our control may affect our Services, such as events in nature and other force majeure events, and you agree that we have no responsibility or obligation to you in the event of such force majeure events.

  9. SUSPENSION OF ACCESS TO YOUR ACCOUNT: We can suspend access to your account or the Services if, in our sole discretion, we believe: (1) there is risk to the security or privacy of your account; (2) there is a threat to the security or integrity of the Platform or the Services; (3) suspension is needed to protect the rights, property or safety of SkedgeAlert, our users or the public; (4) there is a basis for termination of your account; or (5) you have violated these Terms; or (6) we are required to by law. We will provide you notice in the event of any suspension. During such suspension, you will not have the ability to use or access the Services and other information contained or stored by you in, or as part of, the Services will no longer be accessible to you. Any suspension of your access to the Services will not limit or waive our rights to terminate your access to the Services. At the point we determine, in our sole discretion, that the reason for suspension of access to your account has been resolved, we will restore access to your account.

  10. TERMINATION OF OUR SERVICES: We may modify, suspend, or terminate your access to or use of our Services any time for any reason. You may cancel your account at any time by cancelling your account within the settings menu of the Platform. These Terms terminate upon cancellation of your account. From the effective date of termination of these Terms, you will not have the ability to use or access the Services, and information contained or stored by you in, or as part of, the Services will no longer be accessible to you. Upon termination, we have no obligation to store your data, but may do so to comply with legal or business requirements or for other reasonable business needs after termination.  The following provisions will survive any termination of your relationship with SkedgeAlert:  Section 4, Section 5, Section 6, Section 7, Section 8, Section 11, and, if applicable to you, the Health Care Special Terms.

  11. OTHER:

    1. These Terms and the Privacy Policy make up the entire agreement between you and us regarding SkedgeAlert and our Services and supersede any prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter contained herein.

    2. Any amendment to or waiver of our Terms requires our express, written agreement signed by our authorized representative.

    3. We may amend or modify these Terms at any time by posting the amended Terms on our website or mobile application.  Please check these Terms periodically for changes. Your continued use of the Services after the posting of such changes constitutes your acceptance of the modified Terms.  For your convenience, the date of last revision is included at the top of this page. We may make changes to or discontinue the Services at any time.

    4. All of our rights and obligations under our Terms are freely assignable by us.

    5. You may not assign or transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

    6. Except as expressly stated herein, our Terms do not give any third-party beneficiary rights.

    7. If we fail to enforce any of our Terms, it will not be considered a waiver.

    8. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

    9. We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.

    10. We always appreciate your feedback or other suggestions about SkedgeAlert and our Services.  If you provide any such feedback, you agree that we may freely use your feedback or suggestions for any purpose without any obligation of any kind to you, including without limitation any obligation to compensate you.

    11. Apple Terms. The following terms apply to your use of our Services via an application licensed on Apple products and/or with Apple iOS (“Licensed Application.”)

      1. Acknowledgment. You acknowledge that Apple is not responsible for any of our Services, including any Services accessed utilizing Apple products or Apple iOS via any Licensed Application authorized by Apple. SkedgeAlert is solely responsible for its Services accessed via Apple products or Apple iOS.

      2. Scope of License. As stated herein, the license provided to you by SkedgeAlert is non-transferable. Any use of our Services utilizing Apple products or Apple iOS must comply with the Usage Rules set forth in the App Store Terms of Services.

      3. Maintenance of iOS Application. SkedgeAlert is solely responsible for all maintenance and support services with respect to its Licensed Application.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

      4. Warranty. In the event of any failure of SkedgeAlert’s Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty provided by SkedgeAlert will be our sole responsibility and not Apple’s.

      5. Product Claims. SkedgeAlert and you acknowledge that SkedgeAlert, not Apple, is responsible for addressing any claims your or any third party has, relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

      6. Intellectual Property Rights. SkedgeAlert and you acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of that Licensed Application infringes a third party’s intellectual property rights, SkedgeAlert, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

      7. Legal Compliance. You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

      8. Complaints. All of your questions, complaints or claims with respect to the iOS Licensed Application should be directed as follows: contactus@skedgealert.com. or 2522 N. Proctor #273, Tacoma, WA 98406.

      9. Third Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Licensed Application and you may not be in violation of any wireless data service agreement when using the Licensed Application.

      10. Third Party Beneficiary. SkedgeAlert and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.

    12. Google Terms. The following terms apply to your use of our Services via an application accessed on Google products and/or with Android software.

      1. Compliance with Google Terms. You shall comply with all Google Terms of Service and all applicable laws.

Health Care Special Terms

If you use the Service to schedule appointments with health care Service Providers, the following additional terms (“Health Care Special Terms”) shall apply to you. For clarity, these Health Care Special Terms are incorporated by reference into the SkedgeAlert Terms of Service.  Capitalized words in these Health Care Special Terms that are not defined shall have the definition set forth in the SkedgeAlert Terms of Service (“Terms”).

When you use the Services to schedule appointments with health care Service Providers, SkedgeAlert may receive the following personally identifiable information (“PII”), which may be construed as protected health information (“PHI”) pursuant to the Health Insurance Portability and Accountability Act (“HIPAA”): name, phone number, e-mail address, date of birth, doctor name, date/time/duration of appointment, availability for appointment, location of appointment, and purpose for appointment (“SkedgeAlert Health Information”).

We understand that your SkedgeAlert Health Information is personal. We are committed to protecting this information and¸ to the extent this information is protected under federal or state privacy laws, we are required to take steps to protect it.

 

SkedgeAlert’s Privacy Policy describes how we collect, use and share SkedgeAlert Health Information. By using the Services, you agree to our data practices, including the collection, use, processing, and sharing of your SkedgeAlert Health Information as described in our Privacy Policy.

 

TO THE EXTENT ANY SKEDGEALERT HEALTH INFORMATION SHARED WITH SKEDGEALERT IS DEEMED PROTECTED HEALTH INFORMATION (PHI) UNDER HIPAA, THESE HEALTH CARE SPECIAL TERMS SHALL APPLY:

 

BY AGREEING TO THE FOLLOWING HEALTH CARE SPECIAL TERMS, YOU HEREBY AUTHORIZE SKEDGEALERT TO USE AND DISCLOSE YOUR SKEDGEALERT HEALTH INFORMATION AS FOLLOWS IN ACCORDANCE WITH 45 CFR 164.508, AND YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE SKEDGEALERT SERVICES CONSTITUTES YOUR ASSENT TO THESE TERMS. YOU AGREE TO THE FOLLOWING AUTHORIZATIONS FOR USE AND DISCLOSURE OF SKEDGEALERT HEALTH INFORMATION PURSUANT TO HIPAA AND YOU FURTHER AGREE THAT EACH AUTHORIZATION BELOW IS DEEMED AN INDIVIDUAL AUTHORIZATION (AND NOT A COMPOUND AUTHORIZATION):

 

  1. DESCRIPTION OF SKEDGEALERT HEALTH INFORMATION: We will use and disclose the following information concerning you which may be construed as PHI: your name, phone number, e-mail address, date of birth, doctor name, date/time/duration of appointment, availability for appointment, location of appointment, and purpose for appointment.

  2. AUTHORIZATION TO MAKE USE OR DISCLOSURE: SkedgeAlert and its third-party vendors are authorized to use and disclose your SkedgeAlert Health Information as set forth herein.

  3. AUTHORIZED RECIPIENTS OF YOUR HEALTH INFORMATION: SkedgeAlert may use or disclose your SkedgeAlert Health Information to the following recipients:

    1. To you, your legal guardian(s), power of attorney(s), and trustee(s) in accordance with applicable law.

    2. To your health care Service Provider(s), including physicians, nurses, hospitals, specialists, health care clinics, and health care administrators who provide you with medical treatment or health care services, but only in connection with our Services.

    3. To our vendors, subcontractors, and other third parties who provide services to SkedgeAlert which are necessary for SkedgeAlert to perform its Services and who provide satisfactory assurances that your SkedgeAlert Health Information will be protected.

    4. To third parties as necessary for the proper management and administration of SkedgeAlert’s business or to carry out SkedgeAlert’s legal responsibilities, including all uses and disclosures incidental thereto.

    5. To our employees and contractors for internal purposes, such as ensuring the quality of our Services, identifying training needs, reviewing outcomes, sending patient satisfaction surveys, and other administrative activities.

    6. To us or your Service Providers for data aggregation services as authorized herein.

    7. To third parties for de-identification purposes as authorized herein.

    8. To Service Providers on our Platform in a manner which may construed as ‘marketing’ or ’sale’ as described in Section 6 below. 

  4. PURPOSES OF DISCLOSURE OF YOUR HEALTH INFORMATION: SkedgeAlert may use or disclose your SkedgeAlert Health Information for the following purposes:

    1. For scheduling your health care appointments with health care Service Providers with whom you connect on the Platform.

    2. For the proper management and administration of SkedgeAlert’s business and to otherwise help SkedgeAlert with its business activities and to carry out SkedgeAlert’s legal responsibilities, including all uses and disclosures incidental thereto.

    3. For internal purposes, such as ensuring the quality of our Services, identifying training needs, reviewing outcomes, sending patient satisfaction surveys, and other administrative activities.

    4. For data aggregation services relating to the health care operations of your health care Service Provider.  

    5. For the purpose of de-identifying your SkedgeAlert Health Information in accordance with 45 CFR 164.514(a)-(c).  Once de-identified, SkedgeAlert may use and disclose the de-identified SkedgeAlert Health Information for business administration and other commercial purposes.

    6. When required by law or authorities with jurisdiction.

    7. SkedgeAlert agrees to make uses and disclosures and requests for SkedgeAlert Health Information consistent with SkedgeAlert’s minimum necessary policies and procedures.

    8. As otherwise described in our Privacy Policy.

  5. AUTHORIZATION TO RECEIVE SUMMARY INFORMATION. HIPAA grants you the right to request access to certain SkedgeAlert Health Information kept in our possession (See Privacy Policy). By agreeing to these Terms, you hereby agree (in accordance with 45 C.F.R. § 164.524(c)(2)(iii)) to receive a ‘Summary’ or ‘Explanation’ of your SkedgeAlert Health Information requested, in lieu of a Designated Record Set. 

  6. AUTHORIZATION TO SHARE HEALTH INFORMATION WITH SERVICE PROVIDERS ON OUR PLATFORM: Our Services are available for both medical and non-medical appointments. By use of our Services, you will have the ability to schedule services with various Service Providers on our Platform. We may communicate with you about separate products and services (for use or purchase) offered by any other Service Provider on our Platform.  Also, we will share your SkedgeAlert Health Information with Service Providers with whom you elect to connect through our Services. We may also use your demographic information and search history to market to Service Providers (not currently on our Platform) for the purpose of attracting said parties unto our Platform and Services. In addition, please be advised that we will receive financial remuneration from Service Providers who use our Platform. The foregoing uses and disclosures of your SkedgeAlert Health Information may be construed as the ‘marketing’ or ‘sale’ of your SkedgeAlert Health Information under HIPAA. (Marketing means to make a communication about a product or service that encourages recipients of the communication to purchase or use the product or service.  A ‘sale of protected health information’ constitutes a disclosure of protected health information by SkedgeAlert, where SkedgeAlert directly or indirectly receives remuneration from or on behalf of the recipient of the protected health information in exchange for the protected health information). See 45 CFR 164.508(a)(3) and 45 CFR 164.508(a)(4)). You authorize the foregoing uses and disclosures of your SkedgeAlert Health Information which may constitute the ‘marketing’ or ‘sale’ of your SkedgeAlert Health Information under HIPAA.

  7. AUTHORIZATION TO RECEIVE HEALTH INFORMATION VIA WEB APPLICATION: SkedgeAlert utilizes a web application for scheduling your health care appointments. SkedgeAlert, you and your health care Service Provider will be able to access your SkedgeAlert Health Information related to scheduling your health care appointments on the web utilizing the SkedgeAlert application via a computer, phone, tablet, or other devices. SkedgeAlert may provide its Services to you by utilization of mobile applications provided via Apple or Google services or otherwise, and in doing so, you may be required to agree to separate terms of service with Apple or Google or other third-parties.  You acknowledge and agree that SkedgeAlert may use and disclose your SkedgeAlert Health Information to you and the other persons identified above via a web application accessible via a computer, phone, tablet, or other device, and subject to any third-party terms of service set forth by Apple or Google or other third parties whom transmit information to you related to our Services.

  8. AUTHORIZATION TO RECEIVE HEALTH INFORMATION VIA E-MAIL, PHONE, AND TEXTING: SkedgeAlert utilizes a web application for scheduling your health care appointments. SkedgeAlert, you and your health care Service Provider will be able to access your SkedgeAlert Health Information related to scheduling your health care appointments via mobile-notifications, e-mail and by phone via audio messaging or by text via short message service (SMS) or by simple notification service (SNS). You acknowledge and agree that SkedgeAlert may disclose your SkedgeAlert Health Information to you and others authorized herein, utilizing our web application, mobile-notifications, electronic mail, phone calls, and texting, short message service (SMS) or simple notification service (SNS).

  9. ACKNOWLEDGEMENT OF HIPAA AUTHORIZATIONS TO HEALTH CARE PROVIDERS. You hereby acknowledge and agree that you may have provided your health care provider with an authorization which includes a consent to use our Services. In such case, that authorization will also apply to our use of your SkedgeAlert Health Information in addition to our Terms set forth herein.  If you have any questions concerning any HIPAA authorizations you have made to your health care Service Provider, please contact your health care Service Provider directly.

  10. AUTHORIZED REPRESENTATIVE. You acknowledge, agree and warrant that you have the lawful right to utilize our Services on behalf of others. By registering to use our Services on behalf of another adult(s) or an unemancipated minor(s), you agree and warrant that you have the authority (in accordance with 45 CFR 164.502), to register for and schedule appointments, and otherwise utilize our Services on behalf of said adult(s) or unemancipated minor(s).

  11. ADOLESCENT RIGHTS. You acknowledge that adolescents have rights to consent to certain health care treatment and access health care information without parental notification or consent and you warrant that you have the lawful authority to use our Services on behalf of adolescents. Applicable federal and state laws, including HIPAA, grants unto unemancipated minors the right to consent to certain health care services without parental consent and without parental notification. You hereby acknowledge, agree and warrant that you are solely responsible and liable for ensuring that your use of the Platform or Services on behalf of an unemancipated minor(s), and your access to and use and disclosure of the SkedgeAlert Health information of unemancipated minor(s) on our Platform, shall fully comply and comport with any and all applicable laws granting unemancipated minor(s) the right to consent to health care services and access to health care information. You further agree to forever hold harmless, defend and indemnify SkedgeAlert for any violation of an unemancipated minor(s)’ rights, caused in part or in whole by your use of our Services. You acknowledge that given the nature of our Services, which are primarily limited to scheduling appointments,  our Services do not allow us to verify whether an unemancipated minor(s) has an independent right to use and disclose SkedgeAlert Health Information and therefore you agree that we may wholly rely on your representations made by agreement to these Terms.

  12. DISCLOSURE AND ASSUMPTION OF RISKS:

    1. RISK OF ACCESS TO YOUR HEALTH INFORMATION FROM DEVICES. SkedgeAlert makes no warranty as to the security or privacy of any device you utilize to access your SkedgeAlert Health Information to utilize our Services. As a result, by agreeing to these Health Care Special Terms, you acknowledge that there is a risk that your SkedgeAlert Health Information may be accessed and obtained without your permission and without your knowledge by third parties who have obtained access to your SkedgeAlert Health Information from your devices or other devices utilized to access our Services because the security and privacy settings and systems of said devices are insufficient to protect the security and privacy of your SkedgeAlert Health Information, or because the security and privacy of a device has been compromised. Because SkedgeAlert cannot control the security and privacy and access to devices outside its control, please be advised that you ASSUME THE RISK that your SkedgeAlert Health Information may be accessed and obtained without your permission and without your knowledge by third parties due to the lack of security and privacy systems afforded by devices which are utilized to access our Services.

    2. RISK OF ACCESS TO YOUR HEALTH INFORMATION DUE TO TEXTING. SkedgeAlert makes no warranty as to the security or privacy of communication of our Services via text messages, short message service (SMS) or simple notification service (SNS). SkedgeAlert will use and disclose your SkedgeAlert Health Information utilizing text messages. Because text messages are not encrypted, the contents of text messages can be viewable to mobile carriers, governments, people with access to your phone, and potentially hackers. As a result, by agreeing to these Health Care Special Terms, you acknowledge that there is a risk that your SkedgeAlert Health Information may be accessed and obtained without your permission and without your knowledge by third parties who have obtained access to your phone or text messages. You ASSUME THE RISK that your SkedgeAlert Health Information may be accessed and obtained without your permission and without your knowledge by third parties because of the inherent lack of security and privacy with respect to text message communication and/or because of the lack of adequate security and privacy controls to protect access to your phone.  You further acknowledge that use of SkedgeAlert’s mobile application provides greater security than texting because of the encryption technology utilized in the mobile application and not available with texting.

    3. BY AGREEING TO THESE HEALTH CARE SPECIAL TERMS, YOU HEREBY ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE UNAUTHORIZED USE OR DISCLOSURE OF YOUR SKEDGEALERT HEALTH INFORMATION RESULTING FROM THE LACK OF SECURITY AND PRIVACY OF DEVICES UTILIZED TO ACCESS SKEDGEALERT SERVICES OR DUE TO THE LACK OF SECURITY AND PRIVACY INHERENT IN COMMUNICATING HEALTH CARE INFORMATION VIA TEXTING OR DUE TO THE USE OF APPLE OR GOOGLE OR OTHER MOBILE APPLICATION SERVICES.

  13. WAIVER AND RELEASE: In consideration for the opportunity to utilize SkedgeAlert services, but only to the maximum extent permitted by applicable law, you hereby FOREVER, WAIVE, RELEASE, AND DISCHARGE SKEDGEALERT, as well as any of its members, owners, directors, shareholders, officers, employees, or other authorized agents, including independent contractors, from any and all claims, demands, damages, lawsuits, liabilities, losses, liens, expenses and costs arising out of the unauthorized use or disclosure of your SkedgeAlert Health Information.

  14. HOLD HARMLESS AND INDEMNITY: In consideration for the opportunity to utilize SkedgeAlert services, but only to the maximum extent permitted by applicable law, you hereby AGREE TO FOREVER HOLD HARMLESS, DEFEND, AND INDEMNIFY SKEDGEALERT, as well as any of its members, owners, directors, shareholders, officers, employees, or other authorized agents, including independent contractors, (each a “Releasee”) from any and all claims, demands, damages, lawsuits, liabilities, losses, liens, expenses and costs (“Claims”) arising from the unauthorized use or disclosure of your SkedgeAlert Health Information. This indemnification shall extend to and include all attorneys’ fees and costs, and the cost of establishing the right of indemnification hereunder in favor of SkedgeAlert. This indemnification shall survive the expiration of any authorization of these Health Care Special Terms and/or the termination of your use of SkedgeAlert’s Services. To the maximum extent permitted by applicable law, this Indemnity shall extend to all Claims arising from your actions and omissions, as well as to all actions and omissions of each Releasee, and shall include all Claims arising in part or in whole from the negligence of each Releasee.

  15. EXPIRATION DATE: The foregoing authorization(s) of use and disclosure of your SkedgeAlert Health Information shall expire when you close your SkedgeAlert account, or otherwise revoke an authorization as set forth herein.

  16. REVOCATION OF AUTHORIZATION(S): At any time, you have the right to revoke any one or more of the Authorizations set forth herein by contacting SkedgeAlert at contactus@skedgealert.com or 2522 N. Proctor #273, Tacoma, WA 98406. If you elect to revoke any authorization set forth herein, we may be required to close your account and you will forfeit your ability to utilize our Services.

  17. TREATMENT CANNOT BE CONDITIONED UPON AGREEING TO THESE TERMS OF SERVICE: We are not your health care provider and we have no control or involvement in the provision of health care services to you. Please be advised that, under applicable law, your medical treatment, medical payments, enrollment, or eligibility for medical benefits cannot and will not be conditioned upon your agreement to these Health Care Special Terms.  However, if you do not agree to these Health Care Special Terms, or you revoke any authorization made herein, you will forfeit your ability to utilize our Services.

  18. RECORD RETENTION. We will retain your SkedgeAlert Health Information to the extent it must be retained in accordance with HIPAA or as otherwise required to meet our legal obligations or business requirements. Information that does not need to be maintained under HIPAA may be deleted, destroyed, de-identified, or otherwise utilized or anonymized by SkedgeAlert without notice to you.  If information about you must be retained under HIPAA, then, upon termination or expiration of the provision of Services to you, we will, if feasible, destroy the remaining SkedgeAlert Health Information that we still maintain in any form. If not feasible to destroy, or if we must retain such SkedgeAlert Health Information in order to meet our legal obligations or business requirements, we will extend HIPAA protections to the information and limit further uses and disclosures to those purposes that make the destruction of the information infeasible.

  19. SURVIVAL OF TERMS: Notwithstanding anything in the Terms to the contrary, these Health Care Special Terms shall survive expiration, revocation, or termination of your use of SkedgeAlert’s Services to the maximum extent allowed by law.

 

PRIVACY RIGHTS: For information on your rights of privacy under HIPAA, you can obtain a copy of SkedgeAlert’s Privacy Policy.