LAST UPDATED: January 22, 2022
Medical Terms of Service
These Terms and Conditions of Service (“Medical Services Terms”) govern your use of the medical services, including the Telehealth Services described in more detail in Section 12 below (“Medical Services”) provided by Culminate Care professional corporations and our affiliated medical services providers (“Culminate Care”, “we”, “us”, or “our”). In some regions, Medical Services are provided by Culminate Care Medical jointly with, and as subcontractors for, a health system or academic medical center partner (“Partner(s)”). By using the Medical Services, you agree to be bound by these Terms.
Please refer to our Notice of HIPAA Privacy Practices to learn how Culminate Care collects, uses, shares and protects your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 or “HIPAA”).
1. Updates to the Medical Services Terms
We may modify these Medical Services Terms from time to time. We will notify you of material changes by posting the amended terms on the Culminate Care website and mobile application at least thirty (30) days before the effective date of the changes. If we have your email on file, we will also notify you of material changes to the Medical Services Terms by email at least thirty (30) days before the effective date of the changes. Please make sure we have your current email address so that you will receive notice of any material changes. If you do not agree with the proposed changes, you should discontinue your use of the Medical Services before the effective date of the change. If you continue using the Medical Services after the effective date, you will be bound by the updated Medical Services Terms.
2. Consent to Electronic Communications
You agree that Culminate Medical may send the following to you by email or by posting them on our website and mobile application: legal disclosures; these Medical Services Terms, Notice of HIPAA Privacy Practices; future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Medical Services. You agree that Culminate Care may contact you via secure messaging, email, phone, text, or mail regarding the Medical Services. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy.
If you later decide that you do not want to receive certain future communications electronically, please send an email to email@example.com or a letter to Culminate Care, 16027 Brookhurst Street #i260 Fountain Valley CA 92708. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Culminate Care. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE MEDICAL SERVICES.
The Medical Services are intended for use only within the United States and its territories. We make no representation that the Medical Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Medical Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
4. Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE MEDICAL SERVICES OR FROM THE USE OF OR INABILITY TO USE THE MEDICAL SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
5. General Provisions
These Medical Services Terms make up the entire agreement relating to your use of the Medical Services, and supersede all prior agreements relating to the subject matter hereof. We may change, suspend, or discontinue any of the Medical Services at any time. We will try to give you prior notice of any material changes to the Medical Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Medical Services. We may change, suspend, or discontinue any of our partnerships, including health system partnerships, at any time. We will provide you with notices of such changes as applicable. These Medical Services Terms do not confer any third-party beneficiary rights, except to Partners in the corresponding regions identified in Section 11. Each of the Partners is a third party beneficiary of these Medical Services Terms and shall have the right to enforce these Medical Services Terms directly as it deems necessary to enforce its rights or protect its interests in connection with these Medical Services Terms.. You may not transfer any of your rights or obligations under these Medical Services Terms to anyone else without our consent. Culminate Care may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Even after termination, these Medical Services Terms will remain in effect such that all terms that by their nature may survive termination will survive such termination.
If you have any questions about these Medical Services Terms and Conditions, please contact us via email at firstname.lastname@example.org