Terms of Service
Last modified: May 12, 2020
Journey Health Inc owns and operates the website www.quiltedhealth.com (the “Site”) and facilitates the connection between licensed clinical professionals (“Providers”) and clients for pregnancy-related care (the “Services”). By accessing and using the Site and Services, you agree to these Terms of Service (“Terms”) below. If you do not agree to be bound by these terms, you may not access or use the Site or the Services.
NOT FOR EMERGENCIES. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. Quilted Health’s Site and Services are not intended for medical emergencies and must not be used for such. If you believe you have an emergency, call 911 immediately. Seeking emergency care should not be delayed based on anything that appears or does not appear on the Site.
1. Updates to the Terms
We may modify these Terms from time to time. We will notify you of material changes by posting the updates on the Site or sending a message to the email on file. If you do not agree with the changes, you should discontinue your use of the Services, and by continuing to use the Services after the notice of change, you agree to be bound by the updated Terms.
2. Access Rights and Restrictions
Subject to these Terms, Quilted Health grants you a limited, revocable, non-transferable, non-exclusive license to use and access the Site and Services for your personal and non-commercial use. Any rights not expressly granted to you in these Terms are reserved and retained by Quilted Health or its licensors, suppliers, publishers, rights holders, or other content providers.
You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) impersonate or misrepresent your identify or falsely state or misrepresent your current location, medical history, information about your medical condition, or health insurance coverage (iii) promote, encourage, or engage in defamatory, abusive, libelous, obscene, threatening, or otherwise objectionable behavior; (iv) tamper, hack, copy, modify, or otherwise interfere with the administration, security, or function of the Site or the Services (iv) use non-human scripts with the Site (v) distribute viruses of other harmful code through the site (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) harvest or collect PHI about any other individual who uses the Site or the Services; (ix) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties; or (x) otherwise use the Services or Site in any manner that exceeds the scope of your personal health and non-commercial use.
Quilted Health retains the right to terminate your access to all or part of the Site with or without cause, with or without notice.
The Site and Services may contain links to other sites that are owned and operated by third parties. We are not responsible for the privacy, practices,and services provided for by such linked sites.
3. Your Financial Responsibility
If you provide your health insurance or health plan information to us, you are authorizing us to submit claims for covered Services to your health insurer or health plan. You hereby assign or otherwise authorize payment of medical benefits to us for the Services provided to you. You authorize the release of any medical or other information necessary to process claims for Services. You also understand and accept your financial responsibility for any portion of the bill not covered by your health insurer or health plan, and you agree to pay applicable charges that remain after processing by your health insurer or health plan. Quilted Health may accumulate charges that are incurred over multiple Services and submit them as one or more aggregate charges at the end of a billing cycle or period.
4. Consent to Treat
You give consent for the Providers to provide you with medical services. You may withdraw this consent at any time by no longer seeking Services from Quilted Health. You understand and agree that as part of providing Services to you, your Protected Health Information (as defined by HIPAA) may be used in accordance with our Notice of HIPAA Privacy Practices.
5. Telehealth Services and Permission
“Telehealth” is the delivery of healthcare services using technology when the person receiving the Service is not in the same location as the Provider. Telehealth Services may be used for diagnosis, treatment, care, follow-up and/or education, and may include, without limitation, the following: electronic transmission of medical records and/or other patient data or information; synchronous (i.e., "real time") and asynchronous (i.e., non-"real time") interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files.
Quilted Health provides Telehealth as part of its Services. By using Telehealth Services you acknowledge the risks associated with Telehealth, which may include insufficient transmission of data or information to allow for appropriate medical or healthcare decision making. Further, you understand that it may be possible that your needs cannot be met via Telehealth Services, and you may be directed to seek additional in-person care.
6. Missed Appointments / Late Cancellations / Late Arrival
You understand that missing an appointment, making last minute cancellations, or arriving late impacts our ability to provide access to care to other members of your community. If you are 10 minutes or more late for your appointment, we may suggest that we reschedule your visit or offer a shorter visit that covers limited topics. If you miss 3 or more appointments, we reserve the right to discontinue providing your care.
7. Service Termination
You may terminate the use of Services at any time by not using the Services any more. Quilted Health may terminate your use of the Services at any time using its discretion which may include, but are not limited to, illegal activities such as falsification of identity, abuse or threatening behavior to employees, contractors, partners, or other, and continued refusal to pay for Services. If we make the determination to terminate your Services, we will make reasonable efforts to notify you via the contact information on file.
8. Consent to Electronic Communications
You agree that Quilted Health may contact you via email or text message to communicate changes to policies or regarding your Services. Quilted Health will make reasonable efforts to ensure that communication is secure, private, and meets your communication preferences, however we cannot guarantee that information shared via electronic means is completely secure. As you actively seek Services from us, you agree to keep your contact information and preferences updated.
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 SERVICES.
The Services are intended for use only within the United States. Those who choose to access and use our Services from outside the U.S. do so on their own accord, at their own risk, and are responsible for compliance with applicable laws.
10. 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 SERVICES OR FROM THE USE OF OR INABILITY TO USE THE 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.
11. Dispute Resolution
Quilted Health will work in good faith to resolve any issue with our Site or Services, provided that you make us aware of the issue. You agree that any dispute or claim related in any way to these Terms will be resolved by binding arbitration and you agree to give up your right to go to Court to assert or defend your rights under these Terms. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Quilted Health are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Quilted Health.
To bring a claim against Quilted Health through arbitration, you must send a written, certified mail notice (“Notice”) to: Journey Health Inc. Attention: Legal Dept, 4311 11th Ave NE 5th Floor, Seattle WA 98105 (“Notice Address”). The Notice must describe the nature and basis of the claim or dispute and the relief sought. If Quilted Health and you do not reach an agreement within 30 days after the Notice is received at the Notice Address, either party may commence an arbitration proceeding. To initiate arbitration, you may download or copy a form Notice at the American Arbitration Association (www.adr.org). Unless you and Quilted Health agree otherwise, any arbitration hearings will take place in Wilmington, DE. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. If this agreement to arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect.