Notice of Terms and Conditions
IF YOU THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, PLEASE CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
Amaze PBC, dba Amaze Health (a Delaware public benefit corporation) (“Amaze Health”), on its own behalf and Amaze Professional Medical Services, LLC (a Colorado limited liability company) (“Amaze Medical”) (collectively “Amaze”, “we”, “us”, or “our”) operate websites located at amazehealth.com and learn.amazehealth.com, as well as an application for Registered Users that is available via browser at app.AmazePBC.com, and a mobile application available for iPhone and Android devices. The websites and applications link to these Terms and Conditions (collectively, the “Site”). Through the Site, we offer healthcare empowerment training, education and support services, and telehealth services, including medical and mental health care (“Healthcare Services”) provided by licensed medical providers (“Healthcare Practitioners”), through integrated technology solutions and applications (collectively “Services”) to eligible individuals and their immediate family members (“Registered Users”). To avoid any confusion, “immediate family members” means spouse or legal domestic partner; and children (up to the age of 26). The Site also has public portions that allow anyone (“Visitors”) to educate themselves on the available Services. Registered Users and Visitors are collectively referred to as “you” or “user.” The Site also features message boards and other public forums (“Forums”) where Registered Users with similar interests or medical conditions can share information and support one another or where Registered Users can post questions for others to answer. The information contained on the Forums is not intended or implied to be a substitute for professional medical advice relative to a specific medical condition. We do not guarantee monitoring or authentication of the information contained on the Forums for accuracy, safety, or reliability. Always seek the advice of a Healthcare Practitioner or other qualified health provider for any questions you may have regarding your medical condition. By accessing and using the Site, you agree to be bound by these Terms and Conditions, and any other terms, conditions and policies that appear on the Site. If you do not wish to be bound by these Terms and Conditions, please do not access or use the Site. We may change these Terms and Conditions from time-to-time. We will notify you of such updates via the Site. By accessing or using the Site, Services or Healthcare Services after the effective date of any such changes, you acknowledge such changes and agree to be bound by the revised Terms and Conditions. You may always view the most current up-to-date Terms and Conditions at Legal Notices.
The Healthcare Services are provided through a Management Services Agreement (“MSA”) between Amaze Health and Amaze Medical. The Healthcare Practitioners who deliver the Healthcare Services are engaged by Amaze Medical. Amaze Health does not practice medicine and does not interfere with the practice of medicine by Amaze Medical. Each Healthcare Practitioner is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. All Health Practitioners on the Site hold professional licenses issued by the professional licensing boards in the states where they practice. The Healthcare Practitioners provide a broad range of Healthcare Services, however not all patient situations or medical care is appropriate for telehealth. From time-to-time, the Healthcare Practitioners may recommend care provided by a local medical professional, including primary care providers and medical specialists, and the Healthcare Practitioners may decline to provide medical care that they do not believe is in your best interest or that is not appropriate for telehealth. We are not an online pharmacy, nor are we a Medicare prescription drug plan. We are not a qualified health plan. We are not insurance and are not intended to replace health insurance. The offering of Healthcare Services by us is not to be construed as the sale of insurance product(s) or otherwise engaging in the transaction of insurance.
Disclaimer: None of the Site content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. The Site content is provided for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a Healthcare Practitioner or other qualified health provider for answers to any questions you may have regarding a medical or health related condition. Never disregard medical advice or delay in seeking it because of something you have read on the Site and any information provided by the users of the Site. Any reliance on the Site content and any information provided by the users of the Site is solely at your own risk. The opinions expressed on the Site by the users are those of the users and not ours. Only the information directly provided to you by a Healthcare Practitioner or other qualified health provider is to be considered medical advice.
Medical Coverage Disclaimer: Amaze is independent of any payment solution. Payment solutions include, but are not limited to: employer, government programs such as Medicare and Medicaid, healthcare ministry cost-sharing plans, major medical insurance coverage, minimum essential coverage plans and prescription drug plans. Regardless of whether our services are provided by your employer in conjunction with a payment solution, such as major medical insurance coverage, or is embedded in a payment solution, you can trust that Amaze will always be your independent healthcare partner. When possible, we will assist you in obtaining as much information as available regarding the potential costs of your medical care. Sometimes that includes reviewing typical costs (often referred to as “usual” or “customary”) by researching them via healthcare price transparency tools which are mandated by Federal law (and some state laws). In other situations, we will request such information from treating providers or your payment solution (such as your insurance company). Unfortunately, the information we receive is often unreliable. By way of example: When asked, a treating provider will say they “accept” your insurance. Sometimes they will answer “yes” without being sure. Many insurance companies offer multiple plans, and as a result, providers may participate in some, but not others. And thus, the only way to be certain regarding coverage is to inquire directly with your insurance company. While we can try to do this for you, some insurance companies are unwilling to share this information with a 3rd party, and require you to personally inquire. In other situations, we cannot confirm this information for a more simple reason, such as the insurance company being closed for business (e.g., nights, weekends, holidays). Even if a treating provider confirms that they participate in your specific insurance plan, that fact alone does not guarantee that your insurance company will cover a charge. It may be determined that a particular test or procedure is not covered within your specific insurance plan; it may be determined that the medical test or procedure performed by the treating provider was not medically necessary; or your insurance company may require more documentation before approving such charge. While we are always here to support you, there is only so much we can do when it comes to what payment solutions will or will not pay. And unfortunately, we do not have control over these determinations. Although Amaze always seeks to advise our patients with cost in mind, your health and well-being must always come first, regardless of the potential cost implications. By way of example: When you require immediate medical care, which could be at an Urgent Care, Walk-In Clinic, Retail Clinic, or Emergency Room, among others, it is common for there to be no opportunity to review the tests or procedures that will be conducted. The American Healthcare system is based on diagnostics and procedures. Until a diagnosis is made, often there is no prior knowledge of the procedure that will follow. As such, a payment solution may disagree with a treating provider regarding the medical necessity of a test or procedure and might decide to decline payment. Amaze will always use its best medical judgment as to your condition and situation. And if possible, given the circumstances, we will try to guide you with the best cost decisions in mind. However, we merely improve the decisions our patients make on an aggregate basis. Many patients may still find themselves with medical bills that they believe are excessive in cost, or for which payment seems unreasonably denied. We will support you the best we can, but we cannot accept responsibility for the entirety of the broken American healthcare system.
You agree not to contact other Registered Users through any unsolicited methods of communication. We do not regularly review posted Registered User Generated Content but do reserve the right (but not the obligation) to monitor and edit or remove any Registered User Generated Content submitted. We are not responsible for screening, policing, editing or monitoring Registered User Generated Content. While we, from time to time and in our discretion, may monitor the content of Registered User Generated Content, we do not endorse, support, encourage, verify, or necessarily agree with Registered User Generated Content. Any information or material placed on the Forums by Registered Users, including advice and opinions, are solely the views and responsibility of those posting such information or material, and do not necessarily represent our views.
When you register on the Site, you are required to create an account (“Account”) or an account is created on your behalf, by entering your name, email address or mobile number, password and certain other information (collectively “Account Information”). You agree that the Account Information that you provide to us, including during registration and any other information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone or create more than one Account (except for sub-accounts established for immediate family members). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. We reserve the right to take any and all action, as we deem necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.
You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Specifically, you are responsible for (i) authorizing, monitoring, and controlling access to and use of your username and password; and (ii) promptly informing us of any need to deactivate a password. You also agree to promptly notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Site by emailing [email protected]. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services and Healthcare Services solely for your personal use and only as permitted under these Terms and Conditions and any other separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Site, Services or Healthcare Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Site, Services or Healthcare Services to violate any applicable law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (d) send, transmit, post, or store infringing, obscene, threatening, libelous, defamatory, fraudulent, false, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights or the ownership or intellectual property rights of another person; (e) send, transmit, or store material containing software viruses, worms, Trojan horses, or other harmful computer codes, files, scripts, agents, or programs; (f) interfere with or disrupt the integrity or performance of the Site or the data contained therein; (g) attempt to gain unauthorized access to the Site or its related systems or networks; or (h) otherwise use the Services or Site in any manner that exceeds the scope of use granted above. We strongly recommend that you do not use the Services or Healthcare Services on public computers. We also recommend that you do not store your Account password through your web browser or other software.
The Site, Services and Healthcare Services are available for use by minor children, whose parent or legal guardian, also a Registered User, creates an Account for use by a minor child, thereby giving their consent. The Registered User for a minor child will be fully responsible for complying with these Terms and Conditions and binding a minor child to these Terms and Conditions.
The Site and its entire contents (except for your personal and health information), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms and Conditions permit you to use the Site for your personal 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 Site except as generally and ordinarily permitted through the Site according to these Terms and Conditions.
The Site may contain links to third-party websites. Linked sites are not under our control, and we are not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that we are affiliated with the linked site. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. We disclaim any and all liability for any medical and health treatment information set forth on linked sites.
You may deactivate your Account and end your registration at any time, for any reason by sending an email to [email protected]. We may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, we will have no further obligation to provide the Services or Healthcare Services, except to the extent we are obligated to provide you access to your health records or Healthcare Practitioners are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, SERVICES OR HEALTHCARE SERVICES IS AT YOUR SOLE RISK. THE SITE, SERVICES AND HEALTHCARE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, SERVICES OR HEALTHCARE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
These Terms and Conditions and your use of the Site shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Any dispute, claim, cause of action, or legal suit arising out of or related to these Terms and Conditions shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the city and county of Denver. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. No waiver by us of any provision set forth herein shall be deemed a further or continuing waiver, or a waiver of any other provision, and any failure of us to assert a right under these Terms and Conditions shall not constitute a waiver of such right. If any provision of these Terms and Conditions is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of these Terms and Conditions will continue in full force and effect.
THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
This section, “Notice of Health Information Privacy Practices” or “Notice”, contains important information regarding your health information. The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) imposes numerous requirements on how certain individually identifiable health information – known as protected health information or (“PHI”) – may be used and disclosed. This Notice describes how the Healthcare Practitioners and non-medical staff who support the Healthcare Practitioners and who also have access to your PHI may use and disclose your health information and how you can access this information. Please review it carefully.
We understand that health information about you and your health is personal. We are committed to protecting health information about you and will use it to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request of it. We continuously seek to safeguard that information through administrative, physical and technical means, and otherwise abide by applicable federal and state guidelines.
We are required by law to:
Our current Notice is posted at Legal Notices. We reserve the right to change the terms of this Notice at any time. If we do, the new terms will be effective for all of the health information we already have about you as well as any information we receive in the future. If you received this Notice electronically, you are entitled to a paper copy of this Notice upon request. If you have any questions about this Notice please contact the person listed below.
HIPAA generally permits use and disclosure of your health information without your permission for purposes of health care treatment, payment activities, and health care operations. These uses and disclosures are more fully described below. Please note that this Notice does not list every use or disclosure; instead, it gives examples of the most common uses and disclosures.
Uses and disclosures other than those described in this Notice will require your consent and/or authorization. You may revoke your consent and/or authorization at any time, but you cannot revoke your authorization if we have already acted on it.
You have the following rights regarding health information that we maintain about you:
As set forth in our Legal Notices, you may deactivate your Account and end your registration at any time, for any reason by sending an email to [email protected]. Please be aware after we deactivate your account, we will no longer have the ability to retrieve or reactive your account. Please also be aware we may continue to retain your health information even after you deactivate your account or stop using our Services, as reasonably necessary to comply with our legal obligations consistent with applicable federal and state laws.
Modern information and communication technologies play a fundamental role in the services provided to you by Amaze, and therefore, it is important that you understand the following:
We will use reasonable means to protect the privacy of your health information sent by email as provided in our Terms and Conditions and Privacy Policies. However, because of the risks outlined below, we cannot guarantee that email communications will be confidential. In that regard, we will not be liable in the event that you or anyone else inappropriately uses your email. And we will not be liable for improper disclosure of your health information that is not caused by our intentional misconduct.
Email Risks and Your Responsibility
At our discretion and upon your consent, we/you may use email to communicate with each other. These emails may contain your personal health information. If email is used to communicate, you should be aware of the following risks and/or your responsibilities:
Conditions for the Use of Email
By consenting to the use of email with us, you agree that:
You can unsubscribe from Amaze emails at any time.
We will use reasonable means to protect the privacy of your health information sent by text messages (SMS/MMS) as provided in our Terms and Conditions and Privacy Policies. However, we cannot guarantee that communication via texts will be confidential. Data transmission over cellular airwaves cannot be guaranteed to be 100 percent secure. In that regard, we will not be liable in the event that you or anyone else inappropriately uses your device or accesses your text data. We will not be liable for improper disclosure of your health information that is not caused by our intentional misconduct.
Text Messaging Risks and Your Responsibility
At our discretion and upon your consent, we/you may use text messages to communicate with each other. These messages may contain your personal health information. If you decide to use text messages to communicate with us, you should be aware of the risks and your responsibilities:
You can discontinue receiving text messages from Amaze at any time by texting STOP. You consent that following such a request to unsubscribe, you will receive one (1) final message from us confirming that you have been unsubscribed. Following such confirmation message, no additional text messages will be sent unless you re-subscribe.
You have the right to be notified in the event that we discover a breach of unsecured health information. Such notification shall be consistent and in accordance with the Health Information Technology for Economic and Clinical Health Act of 2009 and its implementing regulations (collectively, “the HITECH Act”) under the American Recovery and Reinvestment Act of 2009 (“ARRA”).
If you believe that your privacy has been violated, you may file a complaint with us or with the Secretary of Health and Human Services in Washington, D.C. To file a complaint with the Secretary of Health and Human Services write to 200 Independence Ave., S.E., Washington, D.C. 20201, call 1-800-537-7697, or file an online complaint at https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf. We will not retaliate or penalize you for filing a complaint with the facility or the Secretary.
To file a complaint with us or receive more information contact:
Email: [email protected]
Address: Attn: Privacy and Security Officer, PO Box 329, Longmont, CO 80502
5. Compliance with COPPA
As set forth in the Terms and Conditions at Legal Notices, and in compliance with the Children’s Online Privacy Protection Act (“COPPA”) we only collect personally identifiable information of minor children upon a parent or legal guardian, also a Registered User, creating an Account for use by a minor child, thereby giving their consent.
6. Rights Regarding Your Personal Information.
You have the following rights regarding your personal information:
Right to Know
You have the right to know about the personal information that we collect about you. You can request that we disclose to you:
Right to Delete
Right to Opt Out of Sharing
You have the right to submit a request to opt out of any sharing of your personal information. We may share your personal information with a third-party (i.e., vendor). With respect to location information, you can opt out of sharing on iOS, by going to Settings > Privacy > Location Services, and on Android, by going to Settings > Location. With respect to mobile advertising identifiers, you can opt out of sharing on iOS, by going to Settings > Privacy > Advertising and turning on “Limit Ad Tracking”, and on Android, by going to Settings > Google > Ads and turning on “Opt Out of Ads Personalization.”
Right to Correct Inaccurate Personal Information
You have the right to request that we correct personal information that is inaccurate.
Right to Limit Use and Disclosure of Sensitive Personal Information
You have the right to request that we limit the use and disclosure your of “sensitive personal information,” which means: social security number, driver’s license, state identification card, passport number, financial account information, precise geolocation, racial or ethnic origin, or health information. However, this right only applies to use of sensitive personal information other than what would be reasonably expected by an average consumer.
To submit a request to exercise any of your rights, please send an email to [email protected].
As portions of the Site can only be accessed and used by Registered Users, we must be able to link a Registered User’s activity back to their identity, for example, to verify identity in our systems and eligibility for the Services or Healthcare Services. Therefore, we do collect identifiable, personal and health information about Registered Users. While no Site can guarantee perfect security, we maintain physical, administrative, and technical safeguards to help protect personal and health information as required by applicable law. While we cannot guarantee that loss, misuse or alteration to data will not occur, we use industry standards, such as Secure Socket Layers (“SSL”) technology, to help safeguard against such occurrences. The information passed between your browser and our system is encrypted with SSL technology to create a protected connection between you and our Site to ensure confidentiality. Our servers are protected behind the Internet by using firewall and encryption technology. All data is stored and transferred in encrypted formats that either meet or exceed standards defined by applicable federal and state laws. No data is transferred to users that do not have rights to access such information.
We allow Registered Users to access the Site, Services or Healthcare Services through a software application on a mobile device (an “Application”). If you choose to use the Application, we, or a third-party vendor on our behalf, may collect additional information about you including (1) Precise location (e.g., GPS-level) data, such as latitude, longitude, accuracy, altitude, speed, heading, (2) Mobile advertising identifiers (e.g., Apple IDFA, Android advertising ID), (3) IP addresses, (4) Device information (e.g., device make, device model, operating system version, Apple IDFV, Android ID), (5) Time zone information, (6) Privacy preferences, and (7) other information regarding your use of the Application. We use the information collected to analyze and improve the Registered User’s experience using the Application and otherwise communicate with the Registered User. Additionally, we track your location and send push notifications from time-to-time in order to update you about the Services or Healthcare Services and what is available to you as a Registered User. If you no longer wish to receive such communications, you may turn them off at the device level.
We, or a third-party vendor on our behalf, may collect non-identifiable information, which is automatically collected as you browse or otherwise access the Site. We may collect such information by tracking, or asking a third-party vendor to track, your click-stream activity when such information is not tied to your identification through the use of “cookie” technology or by tracking internet protocol (IP) addresses, as explained below. Because we want our Site to better serve Visitors’ needs, we collect some basic information about Visitors’ computers, including, but not limited to:
We use this information to continuously enhance our Site and to better serve our Visitors’ needs. For example, we use this information to know what browsers people most commonly use, what pages are most often visited, and what functionality is most used. All the information we collect from Visitors’ computers is de-identified and is not personal information. The non-identifiable information we collect may be shared with our suppliers and vendors and used in the aggregate to create summary statistics that help us analyze Site usage trends, assess what information is of most and least importance, determine technical design specifications, arrange the Sites in the most user-friendly way, and identify system performance or problems.
Email: [email protected]
Address: Attn: Privacy and Security Officer, PO Box 329, Longmont, CO 80502
Telehealth involves Healthcare Practitioners delivering Healthcare Services to patients via interactive video communications, audio communications, and/or by the electronic transmission of information. In other words, telehealth involves the use of electronic communications to enable Healthcare Practitioners at different locations to (i) evaluate, diagnose, manage, and/or treat health problems and (ii) share individual patient medical information for the purpose of improving patient care. The information may be used for diagnosis, therapy, follow-up and/or education, and may include any of the following:
Electronic systems used will incorporate network and software security protocols to protect the confidentiality of patient identification and imaging data and will include measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
As with any medical procedure, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
By signing this Informed Consent, you understand the following:
You have read this Informed Consent (including, but not limited to, the risks and benefits associated with teleconferencing by video, audio, or other electronic means) and you understand it. You hereby give your informed consent to participate in a telehealth visit under the terms described herein.