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Terms of Use.

Effective Date: May 24, 2024

Throughout this document, "Prime Direct Health," "we," "us," and "our" refer to the same legal entity.

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Medical Disclaimer. In the event of a medical emergency, please call 911. Our Digital Service is not designed to facilitate medical emergencies. No information on this Digital Service should be used as personal medical advice, diagnosis or treatment. Because each person's health needs are different, a healthcare provider should be consulted before acting on any information provided in this Digital Service.

For Care Management Application Use. Your care team closely reviews your symptoms during business hours Monday through Thursday from 9 a.m. to 4 p.m. MST and on Friday from 9 a.m. to 12 p.m. MST. If you are experiencing symptoms that need immediate medical attention, please contact your primary care provider's office, or follow the directions above in the event of an emergency.

Welcome.

You have arrived at a website and/or patient portal and digital scheduling application (collectively, a "Digital Service") location which is owned and operated by Prime Direct Health. Prime Direct Health is a direct primary care clinic located in Gilbert, AZ, and serving the greater Phoenix, AZ metropolitan area.

These Terms of Use govern your access to and use of the Digital Service, including any content, functionality and services offered on or through the Digital Service. Please read these Terms of Use carefully before accessing or using the Digital Service, so that you fully understand your rights and responsibilities.

Do these Terms of Use change?

We may revise and update these Terms of Use from time to time, at our sole discretion. All changes are effective immediately when we post them. Material changes will be posted conspicuously on the Digital Service. Your continued use of the Digital Service following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes.

Will I be able to receive medical advice through this Digital Service?

No. The Digital Service and its content is not considered medical advice and should not be relied on as your primary source for health or medical information. The information contained in the Digital Service is presented for the purpose of educating you on various health and wellness topics and providing general information on Prime Direct Health and the services we provide. This Digital Service does not and is not intended to cover all diseases, ailments, physical conditions, or their treatment options. This Digital Service provides generalized information and not individual medical diagnosis or treatment recommendations. Contact your physician or other qualified healthcare provider for advice if you have personal or individual questions about a disease, treatment or new health and wellness program. In case of an emergency, contact your local emergency services immediately as the Digital Service is not monitored at all times.

Certain information contained in the Digital Service is compiled from a variety of independent third-party sources. We make no guarantee whatsoever that the information contained in the Digital Service is accurate or up to date. The creators, designers and maintainers of the Digital Service do not directly or indirectly practice medicine or dispense medical services through this Digital Service.

How accurate is the information on this Digital Service?

You are responsible for the accuracy of information that you submit to us via the Digital Service. We have no obligation nor do we accept any liability for information that is not accurate.

Although Prime Direct Health attempts to ensure the integrity and accuracy of the content on the Digital Service, it cannot and does not guarantee the correctness or accuracy of such content. It is possible that the Digital Service and its content could include inaccuracies or errors, or not contain the most up-to-date information, and third parties could make unauthorized additions, deletions, and alterations to the Digital Service. Please inform Prime Direct Health in the event you become aware of an inaccuracy so that it can be corrected.

Prime Direct Health does not warrant the accuracy, completeness, or usefulness of the content. Any reliance you place on such content is strictly at your own risk. All content is provided "as is," with no warranty or representation from Prime Direct Health at all. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Digital Service, or by anyone who may be informed of any of its contents.

The Digital Service may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Prime Direct Health, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Prime Direct Health. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Accessing the Digital Service and Account Security.

The owner of the Digital Service is based in the State of Arizona in the United States of America. We provide the Digital Service for use only by persons located in the United States of America. We make no claim that the Digital Service or any of its content is accessible or appropriate outside the continental United States of America. If you access the Digital Service from outside the United States of America, you do so on your own initiative and are responsible for compliance with local laws.

If I am a patient, can I access my information through the Digital Service?

The Hint Patient Portal is operated and maintained by Hint Health, is for registered patients, and is separate and apart from the Digital Service. Prime Direct Health does not maintain the Hint Health Patient Portal. Patients may access the Hint Health Patient Portal here.

If you are a registered participant in the Hint Health Patient Portal, you may find necessary patient and healthcare data in your profile.

Information gathered and maintained via the Hint Health Patient Portal is personally identifiable and protected health information. You may see how we collect, use and maintain your information via our Privacy Policy and, if you are a patient, the Prime Direct Health Notice of Privacy Practices.

Does Prime Direct Health have control over my password for private-access portions of the Digital Service?

No. Carefully choose, use, and save your passwords for any private-access portion of the Digital Service, such as the Hint Patient Portal. We have no control over use of passwords and cannot tell whether someone else is accessing the Digital Service under your password. As a result, you are solely responsible for any use of your password or other login information by you or any third party, and we have no responsibility or liability for any such use.

From time to time, we may restrict access to some parts of the Digital Service, or the entire Digital Service, to users, including registered users. We may do this for security reasons, updates, or general maintenance of the Digital Service. We have the right to disable any username, password, or other identifier at any time if, in Prime Direct Health's opinion, you have violated any provision of these Terms of Use. If for any reason all or any part of the Digital Service is unavailable for any time period, we are not liable.

What about paying for medical or other healthcare services?

As a patient of Prime Direct Health, you may also submit credit card information for payment of medical or other healthcare services provided by a Prime Direct Health facility by accessing your account via the Patient Portal.

You must submit the necessary card information before your payment or order will be processed. If the card information you submit is incorrect or invalid, your payment or order will not be processed. Make sure to check with your financial institution to ensure your card is approved for this type of use. Payment is subject to the approval of the financial institution issuing the card. We assume no responsibility or liability if the financial institution refuses to accept or honor your card for any reason.

Does Prime Direct Health have a Privacy Policy?

Yes. The use of the Digital Service is also governed by the terms of the Prime Direct Health Privacy Policy, which are incorporated into these Terms of Use by this reference. Any protected health information collected on the Digital Service will be used and disclosed only in accordance with the Prime Direct Health Notice of Privacy Practices. By using the Digital Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Are there any restrictions on what I can do with the Digital Service?

You may only use the Digital Service for lawful purposes and in accordance with these Terms of Use. You agree not to use the Digital Service:

  • In any way that violates any applicable federal, state, local or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate Prime Direct Health, a Prime Direct Health employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Digital Service, or which, as determined by us, may harm Prime Direct Health or users of the Digital Service, or expose them to liability. This includes using any device, software or routine that interferes with the proper working of the Digital Service; introducing any malicious or technologically harmful material; attempting to gain authorized access to, interfere with, damage or disrupt any parts of the Digital Service, the server on which the Digital Service is stored or any server, computer or database connected to the Digital Service; or any other attempt to interfere with the proper working of the Digital Service.

Any rights that are not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by Prime Direct Health.

Intellectual Property Rights.

The Digital Service and its entire contents, features, and functionality are owned by Prime Direct Health, its affiliates, its licensors or other providers of such material, and is protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Any unauthorized use of any trade dress, marks or any other intellectual property belonging to Prime Direct Health or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

These Terms of Use permit you to use the Digital Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Digital Service, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Digital Service for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features on Facebook, LinkedIn, or Instagram, with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Digital Service or any services or materials available through the Digital Service.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Digital Service in breach of the Terms of Use, your right to use the Digital Service will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Digital Service or any content on the Digital Service is transferred to you, and all rights not expressly granted are reserved by Prime Direct Health. Any use of the Digital Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks.

The name Prime Direct Health, the Prime Direct Health logo, and all related names, logos, product and service names, designs and slogans are trademarks of Prime Direct Health. You must not use such marks without prior written permission. All other names, logos, product and service names, designs and slogans on this Digital Service are trademarks of their respective owners.

Disclaimer of Warranties.

Prime Direct Health cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Prime Direct Health cannot and does not guarantee or warrant that the Digital Service will be free of infection by viruses, worms, trojan horses or other malicious code. Prime Direct Health does not warrant or guarantee that the functions or services performed in the Digital Service will be uninterrupted or error-free, or that defects in the Digital Service will be corrected.

The Digital Service, including all content and information, is provided "as is" with all faults, with no representations or warranties of any kind, either expressed or implied, and disclaims all such warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement and all warranties arising from a course of dealing or usage in trade.

Prime Direct Health makes no warranty or representation regarding the results that may be obtained from use of the Digital Service, or use of material, information or data downloaded or otherwise obtained from the Digital Service, or regarding the accuracy or reliability of any information obtained from the Digital Service. Prime Direct Health does not have any responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

You assume total responsibility and risk for your access or use of the Internet and the Digital Service.

You acknowledge and agree: (1) that your use of the Digital Service and any material, information or data downloaded or otherwise obtained through the use of the Digital Service is at your own discretion and risk; and (2) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability.

To the fullest extent provided by law, in no event will Prime Direct Health, its affiliates or its licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Digital Service, any websites linked to it, any content on the Digital Service or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill or loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification.

You agree to indemnify, defend and hold harmless Prime Direct Health, its affiliates and their respective officers, directors, employees and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Digital Service.

What happens if there is a dispute between me and Prime Direct Health over these Terms of Use?

The Digital Service Terms of Use is a binding agreement between you and Prime Direct Health, entered into in the State of Arizona, and governed by and interpreted in accordance with the laws of the State of Arizona, exclusive of its choice of law rules. Each party to these Terms of Use hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Maricopa in the State of Arizona, and waives any jurisdictional, venue or inconvenient-forum objections to such courts.

Any legal issue you have regarding the Digital Service must be commenced within one year after the legal issue arises or the claim or cause of action is barred. In any action to enforce these Terms of Use, Prime Direct Health will be entitled to all costs and attorney fees it incurs.

The Digital Service is not targeted to users in any particular locality, nor is it intended to constitute the doing of business in any jurisdiction, nor to be a solicitation of business anywhere on behalf of Prime Direct Health or any of its affiliated entities, nor to constitute any contacts with any jurisdiction outside the State of Arizona.

Notice may be given to you as a user of this site by posting information to this site. Notice may be given to Prime Direct Health only by delivery to info@primedirecthealth.com.

Is this information all I need to know?

The material included in the Digital Service Terms of Use, along with the Prime Direct Health Privacy Policy, constitutes the entire agreement between Prime Direct Health and you regarding the Digital Service.

No waiver by Prime Direct Health of any term or condition in this Terms of Use will constitute a further or continuing waiver of such term or condition or waiver of any other term or condition. Any failure of Prime Direct Health to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If a court deems any provision of this Agreement unenforceable or invalid, then the court will modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable, then the provision will be severed, and the remaining terms of this Agreement interpreted and read to give them maximum enforceability.

The Digital Service is owned and operated by Prime Direct Health.

All other feedback, comments, requests for technical support and other communications relating to the Digital Service should be directed to info@primedirecthealth.com.

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