The MedNow mobile application (the "App") and Website (the "Website"), including all tools, services, content and information available on or through the Application and Website, is a service made available by Spectrum Health and Priority Health. “We”, “us”, and “our” means Spectrum Health, Priority Health, and all of our parent, subsidiary, and related organizations, and when appropriate includes our employees, directors, trustees and agents. “You” and “your” means the person using the MedNow App and/or Website.
THE MEDNOW APP AND WEBSITE ARE INTENDED TO PROVIDE INFORMATION AND NON-URGENT COMMUNICATIONS ONLY. IN CASE OF AN EMERGENCY, CALL 911.
I. Health Information and Information About Priority Health and Spectrum Health
How to Use MedNow App and Website. The MedNow App and Website is intended as a platform to connect you with qualified healthcare providers ("Providers") using live two-way video and audio (telephone) transmissions for the diagnosis and treatment of patients over the Internet (“eCare”). EMERGENCY CARE IS NOT AVAILABLE THROUGH the App or Website. IF YOU HAVE AN EMERGENCY, CALL 911 OR GO TO THE EMERGENCY ROOM.
Protect Your Privacy. You have a unique user name and password for the MedNow App and Website. Your user name and password protect the confidentiality of your health information and should NOT be shared. If you share your user name and password with anyone, your information is not protected. Only you can protect your user name and password.
Minors. Minors over the age of 3 and that are accompanied by a parent or guardian may utilize eCare Services through the App or Website. However, eCare Services for minors cannot be scheduled via the App or Website. The appointment must be scheduled via telephone.
II. Provider Services (“eCare”)
The MedNow App and Website provide Internet capabilities to connect you with qualified healthcare providers ("Providers") using live two-way video and audio (telephone) transmissions for the diagnosis and treatment of patients over the Internet (“eCare”). The goal of eCare is to provide rapid access to healthcare for patients who are not able or who do not wish to travel to a healthcare facility for minor health problems. All of the Providers are employed by Spectrum Health or have contracted with Spectrum Health to provide eCare Services through the MedNow App and Website.
eCARE SERVICES ARE NOT INTENDED FOR EMERGENCIES OR URGENT SITUATIONS. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 OR GO TO THE CLOSEST EMERGENCY ROOM IMMEDIATELY.
eCare Providers are not intended to replace your primary care physician. eCare is intended to provide quick care for non-emergency problems. It is important to have a healthcare provider that you see regularly, who knows your medical history. eCare Providers can deny care for actual or potential misuse of the eCare Services. Any information provided as part of a video and/or telephone through the MedNow App or Website will become part of your medical record. The MedNow App and Website arrange for the provision of care; it does not provide medical care itself.Prescription Policy. Certain prescriptions will not be available through eCare Services. If a Provider does prescribe a medicine, it will be based on the medical judgment of the Provider. The number of doses of medicine prescribed may be limited, and follow-up with your doctor may be required. The MedNow App and Website is not a pharmacy.
eCare Providers do not prescribe controlled substances or non-therapeutic drugs.
eCare Consents: When you use the eCare functions through the MedNow App or Website:
You will usually be presented with a treatment consent. If you do not sign a treatment consent at the beginning of the eCare session, you agree to the following treatment consent:
I consent to Spectrum Health and the healthcare provider assigned to me today ("Provider") to provide health care services through the use of live, two-way video (visual) and/or audio (sound) and other computer-based services.
- I understand that the electronic services allow Provider to obtain information about my health status through electronic communications for the purpose of diagnosing and determining a treatment plan for certain non-emergency conditions.
- I understand that the information provided or exchanged for a Video Visit may be used for diagnosis; treatment plan development and review; and case management; and may include any or all of the following electronic communications: patient medical record documentation, live two-way video and audio files and transmission of images and other data.
- I also understand that the electronic systems used will incorporate network and software security protocols to protect the confidentiality of patient information, and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption. However, I understand that all technology has risks, and that these risks include, but may not be limited to, the following: failures of the equipment or transmission may interfere with medical decision-making leading to misdiagnosis or missed diagnosis; security protocols could fail, or either party could fail to identify all participating individuals in remote locations causing a potential breach of privacy of personal medical information; a lack of access to complete medical records may result in misdiagnosis, adverse drug interactions or allergic reactions or other judgment errors; and distortions of sound, color or other transmission distortions could complicate communications, leading to misunderstanding of information. Although precautions are taken to protect the confidentiality of information, I understand that there may be risks to the confidentiality and security of my personal information that cannot be anticipated or wholly protected against at this time.
- I acknowledge that neither Spectrum Health nor the Provider(s) have made any representations, warranties, or guarantees as to the results or cures to me, and I have not relied upon any such representations, warranties, or guarantees. I understand that I can get medical care from other sources, including standard face-to-face visits at my doctor's office. I freely consent to the provision of the forthcoming services.
As with any use of technology, there are potential risks associated with the use of the electronic care services. I understand that these risks include, but may not be limited to, the following risks:
- Delays or errors in medical evaluation and treatment could occur due to deficiencies or failures of the equipment.
- Information transmitted may not be sufficient to allow for appropriate medical decision making.
- Security protocols could fail, or either party could fail to identify all participating individuals in remote locations causing a potential breach of privacy of personal medical information.
- A lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
- Although precautions are taken to protect the confidentiality of information new security threats can develop. I understand that there may be other risks to the confidentiality and security of my personal information that neither Spectrum Health nor I can anticipate at this time.
- The Provider can discontinue the Video Visit session if it is felt that the connections are not adequate for the situation.
By signing this consent, I understand and agree to the following:
- I understand that the laws that protect privacy and the confidentiality of medical information also apply to Video Visits. Video Visits follow the Spectrum Health Notice of Privacy Practices ("SH NOPP") in using and disclosing my personal information consistent with applicable law. I acknowledge that the SH NOPP has been provided to me and that I can ask for a copy of the SH NOPP at any time.
- I understand that I do not have to use Video Visits; it is my choice to use electronic services.
- I understand that Video Visits use basic video (visual) and audio (sound) computer technology to provide care. I agree to hold Spectrum Health and their employees, agents and affiliates harmless for information lost due to technical failures.
- I also understand that the Provider will document the services I receive in my Spectrum Health electronic medical record.
- I understand that electronic communications of my identifiable protected health information may occur to health care providers who may be located in other areas, including out of state, and that computer transmissions may be routed outside of the U.S.
- I understand that no results can be guaranteed or assured.
- I understand that a facility fee will apply to electronic visits, which may or may not be covered by my insurance company or other third-party payers. I understand that insurance companies and third party payers, including Medicare and Medicaid, may not pay for electronic visits. If my insurance company or third party payor does not pay for an electronic visit, I understand that I am responsible for paying for the Video Visit. Depending on who my insurance company or third party payor is, I will receive some additional information about my financial responsibility before I have my electronic visit. I also understand that I may be billed according to the policies of Spectrum Health if I am late or fail to show up for a scheduled electronic session.
- I understand that the Provider may terminate a Video Visit if the Provider determines that my condition requires immediate in-person care, or otherwise determines that a Video Visit is not appropriate to meet my healthcare needs. The Provider may also terminate the electronic visit if I act inappropriately and do not correct my behavior when asked to do so. In such cases, I understand that it is my responsibility to obtain appropriate follow-up care.
Video Visit services are located in the State of Michigan, and is intended for care of patients located in Michigan. If you are not located in Michigan, you agree to advise the Provider, and the Provider may advise you to obtain care in your current location.
You agree that Providers will not prescribe certain types of medicines, including controlled substances. You agree that any prescriptions you receive from an electronic visit will be used only by you, for your healthcare needs.
I have read this document carefully, and understand the risks and benefits of the electronic services, and wish to obtain services through an electronic visit. I hereby consent to the provision of care through Video Visits, to the transmission of my healthcare information through electronic means used by Spectrum Health, and to the transmission of prescriptions electronically. I agree to pay for the electronic services rendered.
By replying to this email I hereby state that I have read, understood, and agree to the terms of the document "INFORMED CONSENT FOR VIDEO VISIT SERVICES".
Notice of Nondiscrimination
Spectrum Health complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. Spectrum Health does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.
Provides free aids and services to people with disabilities to communicate effectively with us, such as:
- Qualified sign language interpreters
- Written information in other formats (large print, audio, accessible electronic formats, other formats)
Provides free language services to people whose primary language is not English, such as:
- Qualified interpreters
- Information written in other languages
If you need these services, contact Spectrum Health Language Services at 616.267.9701, 1.844.359.1607 (TTY:711)
If you believe that Spectrum Health has failed to provide these services or discriminated in another way on the basis of race, color, national origin, age, disability, or sex, you can file a grievance with:
Director, Patient Experience
100 Michigan St NE, MC 006
Grand Rapids, MI 49503
616.391.2624; toll free: 1.855.613.2262
You can file a grievance in person or by mail, fax, or email. If you need help filing a grievance, the Director of Patient Experience is available to help you.
You can also file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights electronically through the Office for Civil Rights Complaint Portal, available at https://ocrportal.hhs.gov/ocr/portal/lobby.jsf or by mail or phone at:
U.S. Department of Health and Human Services
200 Independence Avenue SW, Room 509F, HHH Building
Washington, DC 20201
1.800.368.1019, 1.800.537.7697 (TDD).
Complaint forms are available at http://www.hhs.gov/ocr/office/file/index.html.
ATENCIÓN: Si usted habla español, tiene a su disposición servicios gratuitos de asistencia lingüística. Llame al 1.844.359.1607 (TTY: 711).
.(رقم هاتف الصم والبكم: 711).
1.844.359.1607 برقمملحوظة: إذا كنت تتحدث اذكر اللغة، فإن خدمات المساعدة اللغوية تتوافر لك بالمجان. اتصل
中文 (Chinese): 國語/普通話 (Mandarin), 粵語 (Cantonese)
Tiếng Việt (Vietnamese)
CHÚ Ý: Nếu bạn nói Tiếng Việt, có các dịch vụ hỗ trợ ngôn ngữ miễn phí dành cho bạn. Gọi số 1.844.359.1607 (TTY: 711).
Ako govorite srpsko (Serbian, Croatian or Bosnian)
OBAVJEŠTENJE: Ako govorite srpsko-hrvatski, usluge jezičke pomoći dostupne su vam besplatno. Nazovite 1.844.359.1607 (TTY: 711). (TTY- Telefon za osobe sa oštećenim govorom ili sluhom: 711).
ማስታወሻ: የሚናገሩት ቋንቋ ኣማርኛ ከሆነ የትርጉም እርዳታ ድርጅቶች፣ በነጻ ሊያግዝዎት ተዘጋጀተዋል፡ ወደ ሚከተለው ቁጥር ይደውሉ 1.844.359.1607. (መስማት ለተሳናቸው: (TTY: 711).
ध्या या दनुहोस्: तपाइले नेपाल बोल्नुह ्नुह्नुह ्नुहुन भने तपाइको निम् भाषा सहायता सेवाहर नःशुल् रूपम उपलब् छ । फोन गनुर्होस ्होस ्होस ्होस 1.844.359.1607 (टटवाइ: (TTY: 711).
Thuɔŋjaŋ (Nilotic – Dinka)
PIŊ KENE: Na ye jam në Thuɔŋjaŋ, ke kuɔny yenë kɔc waar thook atɔ̈ kuka lëu yök abac ke cïn wënh cuatë piny.
Yuɔpë 1.844.359.1607 (TTY: 711).
KUMBUKA: Ikiwa unazungumza Kiswahili, unaweza kupata, huduma za lugha, bila malipo.
Piga simu 1.844.359.1607 (TTY: 711).
1.844.359.1607 تماس بگيريد. (TTY: توجه: اگر به زبان فارسی گفتگو می کنيد، تسهيلات زبانی بصورت رايگان برای شما فراهم می باشد. با .( 711
ATTENTION: Si vous parlez français, des services d'aide linguistique-vous sont proposés gratuitement. Appelez le 1.844.359.1607 (TTY: 711).
1.844.359.1607 (TTY: 711)
توجه اگر به زبان دری صحبت می کنيد، خدمات کمک زبانی بصورت رايگان برای شما در دسترس است. تماس با
.(TTY: 711) 1.844.359.1607
Kreyòl Ayisyen (Haitian Creole)
ATANSYON: Si ou pale Kreyòl Ayisyen, gen èd nan lang ki disponib gratis pou ou. Rele nimewo 1.844.359.1607 (TTY: 711).
ICYITONDERWA: Niba uvuga ikinyarwanda, serivisi z’ubufasha ku byerekeye ururimi, urazihabwa, ku buntu. Hamagara 1.844.359.1607 (ABAFITE UBUMUGA BW’AMATWI BIFASHISHA ICYUMA CYANDIKA -TTY: 711).
DIGTOONI: Haddii aad hadasho Soomaali, adeegyada caawimada luqadda, oo bilaasha, ayaad heli kartaa. Wac 1.844.359.1607 (TTY: 711).
انتباه: إذا كنت تتحدّث اللهجة السودانية، خدمات المساعدة بلغتك متاحة مجاناً. اتصل على الأرقام
.( 1.844.359.1607 (رقم الصم والبكم: 711
கவனம: நங்க [தமிழ] ேபசினால, உங்கக இலவசமான ெமாழி உதவச ேசைவகள கிைடக்க க்க க்க ின். இந் எண்ை அைழக் க் க�: 1.844.359.1607 (TTY: 711).
ትኹረት: ትግርኛ እንድሕር ትዛረብ ኮንካ፣ ናይ ቋንቋ ደገፍ ኣልግሎታት፣ ብናጻ ክቐርቡልካ እዮም። ደውል 1.844.359.1607 (TTY: 711)።
III. MedNow App and Website Legal Provisions
- Copyright and Trademark. The App and Website design, data compilations, tools, text, logos, and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions, ALL RIGHTS RESERVED. Unless otherwise indicated, all product and service marks and logos displayed on the MedNow App and Website may be subject to our trademark rights.
- Links to Other Materials. Third party web sites and apps linked to the App or Website are not under our control, and we are not responsible for the content or practices of any third party link contained in the App or Website. We reserve the right to terminate any link or linking program at any time. We provide such links only as a convenience to you. We have not endorsed, tested or verified any information, programs, companies, or products on any website or provided as part of any third party app to which the App and Website links. We make no warranties or representations regarding such third party sites or apps or the information or content appearing on such sites or apps. If you decide to access any third party web sites or apps linked to the App or Website, you do so entirely at your own risk.
- Territory. We make no representation that content and materials provided through the App or Website are legal or appropriate for use from outside the United States. If you access the App or Website from outside the United States, you do so at your own risk. You may not use the App or Website in violation of United States export laws and regulations.
- Your Account. You will need an email address/user name and password to set up your App or Website account. You are responsible for maintaining the confidentiality of your user name and/or password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the App or Website on someone else's behalf, then you represent that you have the authority to bind that person to these Terms. To the extent you do not have such authority you agree to accept all liability for any harm resulting from your access or use. We reserve the right to refuse service, to suspend service, and/or terminate accounts without prior notice if we decide, in our sole discretion, to do so.
- Use. You may not utilize the App or Website in any way that is defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, in violation of law or that constitutes hate speech, including in interactions with Providers in utilizing eCare Services.
IV. User Content
- Submission; License. You may have the ability to submit personal and/or health information, comments, ideas, suggestions, photos, reviews and other content (the "Content") through the App or Website. We are not responsible for any Content you provide. Upon submission, you grant us a license to use, display or otherwise exploit the Content, other than personally identifiable health information, under a perpetual, worldwide, royalty-free, fully paid-up irrevocable right and license, which includes a right to sublicense rights of exploitation. Our rights to the Content will apply to the Content in any form or medium, whether now known or hereafter known.
- Content Violation. As between you and us, you have complete responsibility for any claim related to illegal use, delivery, display, or similar exploitation of any Content. If notified that Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion to edit, remove, request the removal of, or take other action with respect to the Content. We have no liability or responsibility to you and other users regarding the Content or our decision with respect to the Content.
- Content Warranty. You represent and warrant to us that (i) you have the rights to grant us the rights that you purport to grant in these Terms; (ii) Content you provide is accurate and not misleading; and that (iii) Content you provide is not illegal, obscene, vulgar, harassing, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses or other malicious code, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
- Restrictions on Use. You may not:
- Interfere with, breach or abuse the security measures implemented to protect the App or Website, the information available through the App or Website, and/or the resources used to provide the App or Website Services;
- Disrupt or interfere with the operation of the App or Website;
- Transmit to or through the App or Website any virus, trojan horse, worm, or similarly harmful, disruptive or destructive computer program, script or object or use or seek to use the computers that are used for the App or Website as a botnet or otherwise divert the App or Website resources to your own purposes;
- Monitor, mirror, copy, summarize reverse engineer, reverse assemble, decompile or create any derivative work from some or all the App, Website or any materials used to provide the the App or Website Services (including the underlying software);
- Unless authorized to do so, use another person's account or password to access the App or Website or otherwise obtain unauthorized access to the App or Website or the data or information of another person;
- Use the App or Website or the resources used to support or operate the App or Website in any illegal manner or for any illegal purpose, or any other manner or purpose that would expose us or our service providers to civil or criminal liability;
- Use the App or Website to transmit any form of unsolicited commercial e-mail or similar messages or otherwise use the App or Website for commercial purposes;
- Use the App or Website in any manner that could reasonably be expected to damage, disable, overburden or impair access to or the functionality of the App or Website;
- Attempt, or permit, encourage or authorize any other person to do any of the foregoing.
V. Disclaimer of Warranties
- General. WE MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE APP OR WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE APP OR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE APP OR WEBSITE WILL MEET YOUR EXPECTATIONS. WE UNDERTAKE NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE APP OR WEBSITE. YOU AGREE THAT YOUR USE OF THE APP OR WEBSITE IS AT YOUR SOLE RISK.
- No Medical Advice. WITH THE EXCEPTION OF eCARE SERVICES, THE APP AND WEBSITE CONTENT SHOULD NOT BE INTERPRETED AS A RECOMMENDATION OR ENDORSEMENT FOR A SPECIFIC TREATMENT PLAN, PRODUCT OR COURSE OF ACTION. THE INFORMATION MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. MEDICAL INFORMATION CHANGES RAPIDLY. ALTHOUGH WE MAY UPDATE THE MEDNOW APP OR WEBSITE, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THE APP OR WEBSITE. YOU AGREE THAT YOUR USE OF THE APP OR WEBSITE IS AT YOUR SOLE RISK. THE INFORMATION PROVIDED BY THE APP OR WEBSITE SHOULD NOT BE RELIED UPON FOR SPECIFIC MEDICAL ADVICE FOR ANY PERSON. NEITHER PRIORITY HEALTH, SPECTRUM HEALTH, NOR OUR REPRESENTATIVES AND AGENTS ASSUME ANY RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THE APP OR WEBSITE. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW TREATMENT OR IF YOU HAVE ANY QUESTIONS REGARDING YOUR LABORATORY RESULTS, YOUR MEDICAL CONDITION(S) OR ANY HEALTH CARE SERVICES THAT HAVE BEEN OR MAY BE PROVIDED TO YOU.
- THE FOREGOING DISCLAIMER DOES NOT APPLY TO ANY MEDICAL ADVICE OR INFORMATION YOU MAY RECEIVE DIRECTLY FROM A PROVIDER THROUGH eCARE SERVICES PROVIDED AS PART OF THE APP AND WEBSITE. IN THE CASE OF THOSE SERVICES, SPECTRUM HEALTH MAKES NO RESPRESENTATION OR WARRANTY AS TO THE CONTENT OF ANY TREATMENT INTERACTION FROM ANY PROVIDER. PROVIDERS ARE INDEPENDENT HEALTH CARE PROFESSIONALS. YOU AND YOUR PROVIDER ARE SOLELY RESPONSIBLE FOR ALL INFORMATION AND/OR COMMUNCATION SENT DURING AN eCARE VISIT. SPECTRUM HEALTH DOES NOT GUARANTEE THAT AN eCARE SERVICE IS THE APPROPRIATE COURSE OF TREATMENT FOR YOUR PARTICULAR HEALTH CARE PROBLEM. FURTHER, eCARE SERVICES AVAILABLE THROUGH THE APP OR WEBSITE ARE NOT INTENDED TO BE A SUBSTITUTE FOR YOUR PRIMARY CARE PROVIDER. YOU AGREE TO CONTACT YOUR PHYSICIAN OR OTHER PRIMARY CARE PROVIDER IMMEDIATELY SHOULD YOUR CONDITION CHANGE OR YOUR SYMPTOMS WORSEN. IF YOU REQUIRE EMERGENCY OR URGENT CARE, YOU SHOULD CONTACT YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY, BY DIALING “911” OR GO TO THE CLOSEST EMERGENCY ROOM.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MEDNOW APP AND WEBSITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE MEDNOW APP AND/OR WEBSITE AND ANY TOOLS AND FUNCTIONALITY INCLUDED AS PART OF THE MEDNOW APP AND/OR WEBSITE IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH REGARD TO MEDNOW APP AND WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE.
VI. Limitation of Liability and Remedies
- Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRIORITY HEALTH OR SPECTRUM HEALTH BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF OR INABILITY TO USE THE MEDNOW APP OR WEBSITE OR ANY ASSOCIATED PRODUCT OR SERVICE, EVEN IF WE KNOW OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MEDNOW APP OR WEBSITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MEDNOW APP OR WEBSITE AND ITS ASSOCIATED PRODUCTS AND SERVICES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TO THE EXTENT THE FOREGOING LMIITATIONS, EXCLUSIONS AND DISCLAIMERS ARE NOT PERMITTED, THE PARTIES AGREE THAT LIABILITY AND DAMAGES OF PRIORITY HEALTH AND SPECTRUM HEALTH IN THE AGGREGATE FOR ALL CAUSES WILL BE LIMITED TO $5.00 U.S.
- Indemnification. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD EACH OF PRIORITY HEALTH AND SPECTRUM HEALTH HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, PENALTIES, FORFEITURES, SUITS, JUDGMENTS AND THE ASSOCIATED COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES), WHICH WE MAY HEREAFTER INCUR, BECOME RESPONSIBLE FOR OR PAY OUT ARISING OUT OF YOUR USE OF MEDNOW APP OR WEBSITE, YOUR USE OF ANY PRODUCT OR SERVICE OBTAINED THROUGH THE MEDNOW APP AND/OR WEBSITE, YOUR LINKING TO THE MEDNOW APP AND/OR WEBSITE, OR YOUR BREACH OF ANY TERM OR PROVISION OF THESE TERMS.
VII. General Terms
- Modification. We reserve the right at any time and in our sole discretion to change the terms, conditions, and notices under which the MedNow App or Website is offered, including but not limited to the charges associated with the use of the MedNow App and/or Website. We may revise these Terms at any time by posting changes to the Website or App. Although we may attempt to notify you when major changes are made to these Terms, you should from time to time review the then-current Terms because they are binding on you. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or App.
- Jurisdiction and Arbitration. The Terms will be governed by and interpreted according to the laws of the State of Michigan, without regard to conflicts of law principles. All disputes and litigation related in any way to the MedNow App and/or Website shall be submitted to confidential arbitration in Grand Rapids, Michigan under the rules of the American Health Lawyers Association, except that claims related to intellectual property rights and confidentiality may be brought to any state or federal court in the state of Michigan by Spectrum Health or Priority Health, and you consent to exclusive jurisdiction and venue in such courts. Class action arbitration is not permitted. Use of the MedNow App and/or Website is not authorized in any jurisdiction that does not give full effect to all provision of these terms and conditions, including without limitation this section.
- Limitation on Claims. Any cause of action you may have with regard to the use of the MedNow App and/or Website must be instituted within six months after the claim or cause of action arises or be forever waived and barred. If any court of competent jurisdiction finds any provision of these Terms to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of these Terms shall be separately enforced.
- Equitable Relief. You agree that a breach by you of these Terms will cause us irreparable damage, which cannot be readily remedied by money damages. Accordingly, we can obtain an immediate injunction against a breach by you, without posting of bond or showing of damages, in addition to any other remedies available.
- Entire Agreement. The Terms embody the entire agreement regarding your use of the MedNow App and/or Website and supersedes all prior oral or written agreements and understandings. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in these Terms will affect, or be used to interpret, change or restrict the express provisions of these Terms.