WoWTM MEMBERSHIP, CONSENT, AND END USER AGREEMENT
PLEASE READ THE MEMBERSHIP, CONSENT, AND END USER AGREEMENT BELOW. INDICATE
YOUR ACCEPTANCE, CONSENT AND AGREEMENT BY CLICKING THE "AGREE" BUTTON. IF
YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CLICK "AGREE" AND DO
NOT USE THE SERVICE.
Welcome to WoW TM (the "Service"), a service which is operated
by WoW Health Solutions, LLC, a Michigan limited liability company (the
"Company"). Please see the Company’s website
(https://www.wowhealthsolutions.com/) for more information about the
Service. To use the Service, you must agree to be bound by all of the terms
of this Consent and Agreement. By clicking the "AGREE" checkbox, you are
stating that you agree to be bound by all of the terms in this Membership,
Consent, and End-User Agreement (the "Agreement"). If you do not agree to
these terms and conditions, you are not authorized to access or use this
Service. The Company may, from time to time, change the terms of this
Agreement. It is your responsibility to review these terms each time you use
the Service.
MEMBERSHIP AGREEMENT
This Membership Agreement is entered into by and between the Member
(“you” or “Member”) and the Company. By enrolling in the Service, you
agree to the terms outlined below.
Disclosures.
- This Service is NOT insurance.
- This Service provides discounts at certain health care providers for medical services.
- This Service does not make payments directly to medical providers.
- You are responsible for making payments for medical services directly to the provider at the time of service. You will receive a discount after full payment has been made.
- You can obtain additional information about the Service and lists of participating providers by visiting https://www.mywowhealth.com/ or by calling [INSERT TOLL FREE NUMBER].
Complaints. If you are not satisfied with the Service, you
may file a complaint via email at [INSERT EMAIL] or by mail to [ADDRESS FOR
COMPLAINTS]. We will respond to your complaint within [INSERT NUMBER OF
DAYS] days. If you are dissatisfied with the result, you may contact your
state insurance department.
Fees. You will be charged a monthly membership fee for use
of the Service.
Cancellation. You may cancel the Service at any time in
writing and your membership will terminate at the end of the billing cycle.
If you cancel within thirty (30) days after purchase, you will be
reimbursed for all money paid less enrollment fees. The Company may cancel
your membership for non-payment of or violation of this Membership
Agreement.
You can obtain additional information about the Service and lists of
participating providers by visiting https://www.mywowhealth.com/ or by
calling [INSERT TOLL FREE NUMBER].
By enrolling in the Service, you acknowledge that you have read and
understood this Membership Agreement and agree to its terms.
Illinois Residents
If you are not satisfied with the Service, you have the right to file a
complaint with the Illinois Department of Insurance. Specific contact
information for the Department will be provided upon request.
You will have free access to the Service’s providers without restrictions
to waiting periods, notification periods, etc. (except for hospital
discounts).
You may modify your method of payment upon request. The Company will
discontinue using any automatic account withdrawals, including, but not
limited to, electronic fund transfers and automatic credit card and/or
debit card charges, upon receiving a written request to terminate or alter
the method of payment.
Any initial one-time processing, administrative or other such non-regular
or periodic charge may not exceed $30.
If the Company cancels your membership for any reason other than your
nonpayment of charges, the Company will make a pro rata reimbursement of
all period charges to you.
South Carolina Residents
All reimbursements or refunds shall be issued no later than thirty (30)
days from the date of cancellation.
Utah Residents
Within thirty (30) days of purchase you may cancel the Service and will be
refunded any fees less enrollment fees. Any enrollment charge cannot exceed
$25. You cannot exercise this right of cancellation if you have used the
Service under this Membership Agreement.
West Virginia Residents
If you cancel your membership within thirty (30) days of purchase, you will
be refunded all periodic charges and the amount of any one-time processing
fee that exceeds $30. If the Company cancels your membership for any reason
other than nonpayment of charges, the Service shall make a pro rata
reimbursement of all periodic charges.
CONSENT AND END-USER AGREEMENT
DO NOT USE THE SERVICE FOR EMERGENCY MEDICAL CONDITIONS.
If you experience a medical emergency, call 911 immediately.
LIMITATIONS OF THE SERVICE
The Service permits you to communicate with healthcare providers and
service vendors who utilize the Service. The Company does not provide any
physician, medical or other health care services. All physicians and other
providers are independent of the Company and use the Service as a means to
communicate with you. Any information or advice received from a provider
comes from the provider alone, and not from the Company. Neither the
Company nor any of its licensors or suppliers or any third parties who
promote the Service or provide you with a link to the Service shall be
liable for any professional advice you obtain from a healthcare provider via
the Service nor for any information obtained via the Service. The Company
does not recommend or endorse any specific tests, physicians, medications,
products or procedures. You acknowledge that your reliance on any health
care providers or information provided by the Service is solely at your own
risk and you assume full responsibility for all risk associated therewith.
The Company does not credential or make any representations or warranties
about the training or skill of any health care providers who provide
services to you via the Service. You are responsible for choosing your own
physician or other health care provider.
You hereby certify that you are physically located in the State you have
identified as your current location. You acknowledge that your ability to
access and use the Service is conditioned upon the truthfulness of this
certification and that the providers you access are relying upon this
certification in order to interact with you. If your certification is
inaccurate, you agree to indemnify the Company and the providers you
interact with from any resulting damages, costs or claims.
ABOUT WoW
The Service is a software platform and related service which the Company
makes available for use by you and healthcare providers and service vendors
who utilize the Service. Healthcare services which you may obtain are not
covered by insurance, governmental or self-funded group plans. The Company
and the Service, individually and collectively, are not any one or more of
the following: (i) a provider of healthcare services, (ii) a network of
healthcare providers, (iii) a vendor of marketing, credentialing, billing
or services, or (iv) an insurer, a health care plan, or a group health plan
for purposes of this Agreement. The Service, and use of the Service by you,
healthcare providers and service vendors, is subject to all policies, rules
and regulations which the Company has established or may hereafter
establish.
SECURITY
The Company, for purposes of the Health Insurance Portability and
Accountability Act of 1996 and its implementing regulations ("HIPAA"), may
function as a business associate of the healthcare professionals or other
providers you communicate with using the Service. Your personal information
will be stored in a secure manner. The Company maintains customary physical
and electronic procedural safeguards that limit access to your personal
information to our employees (or people working on our behalf and under
confidentiality agreements) who, through the course of standard business
activities, need to access your personal information or to health providers.
Access to the Service is enabled only by usernames and passwords. You are
responsible for any and all use of the Service using your username and
password. You should maintain your username and password in strict
confidence and not share them. You are responsible to notify us if you have
any reason to believe that your username or password has been lost,
compromised or misused in any way.
ACCOUNT ENROLLMENT
To access the Service, you must first enroll to establish an individual
user account ("Account"), by providing certain information. With the
exception of sub-accounts established for minor children of whom you are a
parent or legal guardian, you agree that you will not create more than one
Account, or create an account for anyone other than yourself without first
receiving permission from the other person. In exchange for your use of the
Service and, if applicable, in order for providers to send notices to you,
you agree to: (i) provide true, accurate, current and complete information
about yourself as prompted by our Account enrollment form; and (ii) each
time you log on, maintain and promptly update such Account information to
keep it true, accurate, current and complete. You represent and warrant that
you are at least 18 years of age and possess the legal right and ability, on
behalf of yourself or a minor child of whom you are a parent or legal
guardian, to agree to this Agreement. You consent to the disclosure of your
contact information for support and follow up purposes by your
agency/advocate, if applicable. You consent to receiving notifications from
the Company about promotions or updates to the Service and related matters.
ACCEPTABLE USE
You agree not to access or use the Service in an unlawful way or for an
unlawful or illegitimate purpose as determined by the Company or in any
manner that contravenes this Agreement. For example, you shall not post,
use, store or transmit (a) a message or information under a false name; (b)
information that is defamatory, obscene, fraudulent, or predatory of
minors; or (c) information that infringes or violates any of the
intellectual property rights of others or the privacy or publicity rights of
others. You shall not attempt to damage, impair or disrupt the operation of
the Service by any method, including through use of viruses, Trojan horses,
worms, time bombs, denial of service attacks, flooding or spamming.
OPERATION AND RECORD RETENTION
The Company reserves complete and sole discretion with respect to the
operation of the Service. Subject to applicable law, the Company reserves
the right to maintain, delete or destroy all communications and materials
posted or uploaded to the Service pursuant to its internal record retention
and/or destruction policies. Your health information (such as professional
services, laboratory tests, imaging and prescriptions) will be available to
you to view and download. The Company will not delete or destroy your
health information without first giving you advance notice by email to the
most recent email address in your account information, and a reasonable
opportunity as determined by the Company to download the information. The
Company may use de-identified data to the fullest extent permitted by
applicable law.
INTELLECTUAL PROPERTY
All of the content available on or through the Service is the property of
the Company or its licensors and is protected by copyright, trademark,
patent, trade secret and other intellectual property law. All Company trade
and service names, including, but not limited to "WoWTM", are trademarks of
the Company or its licensors. Subject to the terms of this Agreement, the
Company hereby grants you a limited, revocable, non-transferable and
non-exclusive license to use the software, network facilities, content and
documentation on and in the Service to the extent, and only to the extent,
necessary to access and use the Service, and for no other use whatsoever.
The license granted herein does not permit you, and you agree not to,
modify, translate, reverse engineer, disassemble, decompile or create
derivative works of the Service or allow a third party, whether directly or
indirectly, to do so.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS
IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR OTHERWISE IMPOSED BY OPERATION OF LAW, ARE DISCLAIMED,
VOID AND OF NO EFFECT. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT
WILL WOW BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR ANY
SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE
DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
OF OR RELATED TO THE WOW PLATFORM, DATA OUTPUTS, REPORTS, THE USE OF OR
INABILITY TO RECEIVE REPORTS OR OTHER SERVICES EVEN IF WOW HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE
FORESEEABLE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED
WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATIONS DO NOT
APPLY TO A BREACH UNDER HIPAA ARISING FROM THE SYSTEMS OF THE SERVICE OR
THE COMPANY.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT ACCESS TO
THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY,
WILL BE CORRECTED; NOR DOES THE COMPANY MAKE ANY REPRESENTATIONS ABOUT THE
ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS,
PERFORMANCE, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE
INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE
SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR
ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF
INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME
OR PASSWORD. THE COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR
ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY
TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF
ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS
OR GUIDELINES ACCESSED THROUGH THE SERVICE.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU
AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO
CIRCUMSTANCES SHALL THE COMPANY, ANY OF THE COMPANY LICENSOR OR SUPPLIER,
OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO
THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS
CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY
CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS
OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS LICENSORS OR SUPPLIERS OR ANY
THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE
SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL,
INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL
INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA
ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE
OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR A BREACH UNDER HIPAA ARISING FROM THE SYSTEMS OF THE SERVICE OR
THE COMPANY, YOU HEREBY RELEASE AND HOLD THE COMPANY, ITS LICENSORS,
SUPPLIERS AND PROVIDERS AND ANY THIRD PARTY WHO PROMOTES THE SERVICE OR
PROVIDES YOU WITH A LINK TO THE SERVICE HARMLESS FROM ANY AND ALL CLAIMS,
DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT
LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND
UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. YOU WAIVE THE
PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL
RELEASE.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT ENGAGED IN THE PRACTICE
OF MEDICINE AND THAT THE COMPANY IS NOT DETERMINING APPROPRIATE MEDICAL USE
OF THE SERVICE. THE COMPANY, ITS LICENSORS, SUPPLIER AND ALL THIRD PARTIES
WHO PROMOTE THE SERVICE OR PROVIDE YOU WITH A LINK TO THE SERVICE EXPRESSLY
DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM THE DELIVERY OF HEALTHCARE
VIA THE SERVICE, INCLUDING, BUT NOT LIMITED TO LIABILITY FOR MEDICAL
MALPRACTICE
TERMINATION
The Company may suspend or terminate your access to the Service at any
time, for any reason or for no reason at all. The Company has the right
(but not the obligation) to refuse to provide access to the Service to any
person, agency or organization at any time, for any reason or for no reason
at all, in our sole discretion. The Company reserves the right to change,
suspend, or discontinue all or part of the Service or any functionality,
temporarily or permanently, without prior notice. The Company reserves the
right to delete or change any username or password at any time, for any
reason or for no reason at all.
ELECTRONIC CONTRACTING AND NOTICES
You agree to the terms of this Agreement by clicking the "AGREE" checkbox.
You agree that we may send to you in electronic form any privacy or other
notices, disclosures, reports, documents, communications or other records
regarding the services (collectively, "Notices"). The Company can send you
electronic Notices (1) to the e-mail address that you provided during
registration, or (2) by posting the Notice on the Service or otherwise
through our site. The delivery of any Notice from the Company is effective
when sent by us, regardless of whether you read the Notice when you receive
it or whether you actually receive the delivery. You can withdraw your
consent to receive Notices electronically by canceling or discontinuing
your use of the Service.
NOTICE OF PRIVACY PRACTICES
The HIPAA Notice of Privacy Practices is available below. The Notice of
Privacy Practices applies to physicians and other healthcare professionals
you choose to communicate with using the Service, unless a healthcare
provider and service vendor has adopted and/or furnished you with its own
Notice of Privacy Practices. By clicking "AGREE", you acknowledge receipt
of the applicable Notice of Privacy Practices and agree to its terms and
conditions. In addition, by clicking the "AGREE" button, you are
authorizing to release your contact information to the Company in order for
the Company to provide you with marketing materials promoting the Service.
You may opt out of receiving such marketing materials by contacting us at
privacy@wowhealthsolutions.com.
INFORMED CONSENT
By clicking the "AGREE" button you acknowledge that you are consenting to
receiving care via the Service from the healthcare providers and service
vendors you have chosen to communicate with using the Service. The scope of
care will be at the sole discretion of the healthcare providers and service
vendors who are treating you, with no guarantee of diagnosis, treatment, or
prescription. The healthcare provider will determine whether or not the
condition being diagnosed and/or treated is appropriate for a telehealth
encounter via the Service.
INFORMED CONSENT FOR SERVICES PERFORMED BY PHYSICIANS AND OTHER HEALTH CARE
PROVIDERS VIA THE SERVICE.
The Company is providing this information on behalf of the healthcare
providers and service vendors whom you choose to communicate with using the
Service:
Telemedicine involves the use of electronic communications to enable
healthcare providers and service vendors at sites remote from patients to
provide consultative services. Providers may include primary care
practitioners, specialists, and/or subspecialists. The information may be
used for diagnosis, therapy, follow-up and/or education, and may include
live two-way audio and/or video and other materials (e.g. medical records,
data from medical devices). The communications systems used will
incorporate network and software security protocols to protect the
confidentiality of patient information and will include reasonable measures
to safeguard the data and to ensure its integrity against intentional or
unintentional corruption. An encounter summary may be provided to the
patient at the end of each encounter which may be kept for the patient's
records and may be shared with the patient's local primary care or other
provider, as appropriate.
The anticipated benefits of telemedicine may include improved access to
medical care by enabling a patient to remain at his or her home or office
while consulting a healthcare provider and service vendor, and more
efficient medical evaluation and management. The possible risks of
telemedicine may include delays in medical evaluation and consultation or
treatment may occur due to deficiencies or failures of the equipment;
failures in security protocols, causing a breach of privacy of personal
medical information; and lack of access to complete medical records may
result in adverse drug interactions or allergic reactions or other negative
outcomes.
By clicking "AGREE," you acknowledge that you understand and agree with the
following:
- I understand that telemedicine may involve electronic
communication of my personal medical information to healthcare
providers and service vendors who may be located in other areas,
including out of state.
- I understand that I may expect the anticipated benefits from the
use of telemedicine in my care, but that no results can be
guaranteed or assured.
- I understand that I am not guaranteed that a healthcare provider
and service vendor will write a prescription or furnish treatment
to me using the Service.
- I understand that my healthcare information may be shared with
other individuals for treatment, payment and healthcare operations
purposes and/or as otherwise specified in the Notice of Privacy
Practices
- I understand that I may give additional express or implied consent
while communicating with a healthcare provider and service vendor
while using the Service.
- I agree to the terms and conditions of Payment Authorization and
Responsibility below.
Patient Consent to the Use of Telemedicine I have read and understand the
information provided above, and understand the risks and benefits of
telemedicine, and by clicking "AGREE" I hereby give my informed consent to
participate in a telemedicine visit under the terms described herein.
PAYMENT RESPONSIBILITY AND CREDIT CARD AUTHORIZATION
By accepting these terms of use, you are authorizing the Company to charge
your account the full amount due from you, which collectively may include:
(1) the fees established by a healthcare provider for services which you
request the healthcare provider to furnish and the healthcare provider
furnishes via the Service, (2) the fees established by the Company for the
right to use the Service, and (3) any additional fees which the Company may
establish from time to time. You agree that your credit card information
will be saved to your account file with the Company for future transactions
on your account. You authorize the Company to charge your credit card on
file with the Company for the full amount due. You agree that your
authorization will remain in effect until you cancel it in writing and
agree to notify the Company in writing of any changes in our account
information or termination of this authorization at least 15 days in
advance of the effective date of such change or termination. You certify
that you are an authorized user of the credit card on file with the Company
and that you will not dispute the payment with your credit card company for
transactions corresponding to the terms indicated in this Agreement.
GOVERNING LAW; VENUE; WAIVER OF JURY TRIAL
This Agreement shall be governed by the laws of the State of Michigan
without regard to its rules on conflicts or choice of law. You and the
Company each agree that to bring any action or proceeding in respect of any
claim arising out of or related to this Agreement or the transactions
contemplated hereby exclusively in any state court sitting in Oakland
County or any federal court in the Eastern District of Michigan (the
"Michigan Courts"), and, solely in connection with claims arising under
this Agreement or the transactions contemplated hereby that are the subject
of this Agreement, (i) irrevocably submits to the exclusive jurisdiction of
the Michigan Courts, (ii) waives any objection to laying venue in any such
action or proceeding in the Michigan Courts, (iii) waives any objection
that the Michigan Courts are an inconvenient forum or do not have
jurisdiction over any party. YOU AND THE COMPANY EACH ACKNOWLEDGE AND AGREE
THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO
INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH SUCH PARTY
HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE EXTENT PERMITTED BY
LAW AT THE TIME OF INSTITUTION OF THE APPLICABLE LITIGATION, ANY RIGHT SUCH
PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR
INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS
CONTEMPLATED BY THIS AGREEMENT.
MISCELLANEOUS
This Agreement constitutes the sole Agreement between you and the Company
relating to your use and our provision of the Service and the subject
matter hereof, and no representations , statements or inducements, oral or
written, not contained in this Agreement shall bind either you or the
Company. Any of the terms of this Agreement which are determined to be
invalid or unenforceable shall be ineffective to the extent of such
invalidity or unenforceability, without rendering invalid or unenforceable
any of the remaining terms of this Agreement or affecting the validity or
enforceability of the Agreement as a whole. Failure to insist on
performance of any of the terms of the Agreement will not operate as a
waiver of any subsequent default. No waiver by the Company of any right
under this Agreement will be deemed to be either a waiver of any other
right or provision or a waiver of that same right or provision at any other
time. You may not assign, transfer or delegate your rights or obligations
hereunder, in whole or in part. This Agreement shall be binding upon and
inure to the benefit of each of the parties and the parties' respective
successors and permitted assigns. This Agreement may be modified,
supplemented, or superseded by the Company at any time and the Company will
notify you of such modification
A printed version of this Agreement and of any related notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
PRIVACY POLICY
The Company is committed to ensuring that your personal information shared
over the Service is protected and kept confidential. By clicking "AGREE,"
you consent to the use and disclosure of personally identifiable
information as outlined in this Privacy Policy. The use and disclosure of
such information may also be subject to the practices of the healthcare
providers and service vendors with whom you may interact through the
Services, as described in the Notice of Privacy Practices which is provided
to you by such providers.
INFORMATION COLLECTED
Personal information or protected health information is information that
includes, but is not limited to, identifying data such as name, social
security number, address, contact information, as well as information about
personal health issues submitted through the Services and credit card or
other financial account information. This is the information we aim to
protect. The Company will only collect information that you voluntarily
submit. The Company agrees to keep confidential personally identifiable
information that identifies an individual whether or not it relates to an
individual's past, present, or future physical or mental health condition.
The Company collects information solely for the purposes of providing the
Services, marketing and promoting our Services to you and for market
research data. The Company gives you the opportunity to "opt out" of
receiving direct marketing or market research information by emailing us at
privacy@wowhealthsolutions.com.
The Company may maintain web logs to record data about all visitors who use
this site and interact with the Services and we will store this
information. These logs may contain IP address information, types of
operating system you use, the date and time you visited the site, and
information about the type of device you use to connect to the Services. All
Web logs are stored securely and are accessible to a limited number of
employees and contractors, who have to adhere to strict guidelines regarding
user data security and privacy.
NON-PERSONAL IDENTIFICATION
The Company may use technology in the aggregate as opposed to using any
personally identifiable information, to understand how our users
collectively use the Service. The Company may also use non-personal
information to analyze data into useful information. This process of data
mining is done in the aggregate, is non-personal, and allows the Company to
find correlations and patterns in the data.
SECURITY OF INFORMATION COLLECTED
The Company may use account information in a password-protected environment
as a security measure to protect your data. The Company uses
administrative, physical and technical safeguards to protect data. The
Company maintains data protection via safeguards such as data backup, audit
controls, access controls, and some data encryption. The Company’s Site and
the Services use industry standard SSL encryption to enhance security of
electronic data transmissions. In addition, we urge you to take
precautionary measures in maintaining the integrity of your data. Please be
responsible in making sure no one can see or has access to your personal
account and login/password information. If you use a public computer, e.g.,
at a library or a university, always remember to log out of the Site or
Services. If you use Service through your employer's computer network or
through an internet café, library or other potentially non-secure internet
connection, such use is at your own risk. It is your responsibility to
check beforehand on your employer's or such other site's privacy and
security policy with respect to Internet use. The Company is not
responsible for your handling, sharing, re-sharing and/or distribution of
your personal health information. Moreover, if you forward personal health
information electronically to another person on or off the Service, we are
not responsible for any harm or other consequences from third party use or
re-sharing of your information.
SELF REVIEW OF DATA AND ABILITY TO DELETE YOUR ACCOUNT INFORMATION
You may request to delete any personal information and to de-authorize the
collection of personal information in the future by sending us an email at
privacy@wowhealthsolutions.com.
THIRD PARTY SITES
As noted above, the Company may be a business associate of healthcare
providers and service vendors under HIPAA and we share information with
healthcare providers and service vendors who provide services to
individuals, and they share information with us, for purposes related to
treatment, payment and health care operations, and otherwise as agreed or
authorized by you. Additionally, the Service may contain links to other
sites which are not affiliated with the Company or the healthcare providers
and service vendors you choose to communicate with using the Service. The
Company does not share your personally identifiable information with those
sites (unless you specifically authorize such sharing or it is permitted by
the HIPAA Notice of Privacy Practices) and are not responsible for their
privacy procedures. The Company seeks to work with trusted partners and
organizations that will adhere to similar privacy and ethical standards.
However, we encourage you to learn their particular privacy policies
The Company discloses personally identifiable information about you as
required or permitted by law, including complying with legal process (for
example, we may disclose your information as necessary to comply with an
authorized civil, criminal or regulatory investigation).CHILDREN The
Company does not knowingly permit individuals under the age 18 to create
accounts that allow access to the Service.
WoW Health’s SMS Terms of Service:
- WoW Health may SMS you with important details like reminders for
appointments that you have made, information about WoW Health
services that you have signed up for, and awareness messages about
new services that may be available to you. Message frequency
varies.
- This SMS service is OPTIONAL, and you can reply with STOP when you
receive your first SMS upon account setup. Data obtained through
the short code program will not be shared with any third-parties
for their marketing reasons/purposes.
- You can cancel the SMS service at any time. Just text "STOP" to
the short code. After you send the SMS message "STOP" to us, we
will send you an SMS message to confirm that you have been
unsubscribed. After this, you will no longer receive SMS messages
from us. If you want to join again, please email us at customersupport@wowhealthsolutions.com for us to communicate again with you.
- If you are experiencing issues with the messaging program you can
reply with the keyword HELP for more assistance, or you can get
help directly at customersupport@wowhealthsolutions.com or 844-969-4325.
- Carriers are not liable for delayed or undelivered messages.
- As always, message and data rates may apply for any messages sent
to you from us and to us from you. You will receive these messages
periodically when you utilize the service, and as part of
education and awareness campaigns. If you have any questions about
your text plan or data plan, it is best to contact your wireless
provider.
- If you have any questions regarding privacy, please read our
privacy policy: https://www.mywowhealth.com/our-policy/
CHANGES TO THIS PRIVACY POLICY
The Company may amend its Privacy Policy in the future. In the event
changes are made, the Company will post changes on the Service's
application and at other places it deems appropriate. Copyright © 2023 WoW
Health Solutions, LLC. All rights reserved
HIPAA NOTICE OF PRIVACY PRACTICES
FURNISHED ON BEHALF OF YOUR HEALTHCARE PROVIDERS UTILIZING WoWTM
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND
DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY
IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, PLEASE CONTACT THE
HIPAA PRIVACY OFFICER IDENTIFIED BELOW.
Your medical information is personal. Your health care provider is
committed to protecting your medical information. Your health care provider
creates a record of the care and services you receive from us. Your health
care provider needs this record to provide you with care and to comply with
certain legal requirements. This Notice applies to all of the records of
your care created and maintained by your health care provider who utilizes
WoW’s service.
This Notice will tell you about the ways in which your healthcare providers
may use and disclose your medical information. This Notice will also
describe your rights and certain obligations we have regarding the use and
disclosure of your medical information.
Your healthcare provider is required by law to: (1) make sure that medical
information that identifies you is kept private; (2) give you this Notice
of your health care provider’s legal duties and privacy practices with
respect to medical information about you; and (3) follow the terms of the
Notice that is currently in effect.
HOW WE MAY USE AND DISCLOSE YOUR MEDICAL INFORMATION:
The following describes the different ways that your medical information
may be used or disclosed. For clarification, some examples are included.
Not every possible use or disclosure is specifically mentioned. However,
all of the ways your health care provider is permitted to use and disclose
your medical information will fit within one of these general categories:
For Treatment.Your healthcare provider will use
medical information about you to provide you with medical treatment and
services. Your health care provider may disclose medical information about
you to doctors, nurses, technicians and other personnel who are involved in
providing you medical treatment.
For Payment.Your healthcare provider may use and
disclose medical information about you so that the treatment and services
you receive may be billed to and payment may be collected from you, an
insurance company or a third party. For example, your health care provider
will need to disclose information to WoW and others about treatment you
will receive or have received in order for funds deposited in your WoW
account by you, or on your behalf, to be used to pay your health care
provider for the treatment.
For Health Care Operations.Your healthcare provider
may use and disclose medical information about you for health care
operations. For example, your healthcare providers may use medical
information to review its treatment and services and to evaluate the
performance of its staff in caring for you. Your healthcare providers may
also combine medical information about many of its patients to decide what
additional services it should offer, what services are not needed, and
whether certain new treatments are effective. Your healthcare providers may
also disclose information to doctors, nurses, technicians, and other
personnel for review and learning purposes. Your healthcare providers may
remove information that identifies you from this set of medical information
so others may use it to study healthcare and healthcare delivery without
learning the identity of the specific patients.
Appointment Reminders.Your healthcare providers may
use and disclose medical information to contact you as a reminder that you
have an appointment for treatment or medical care.
Treatment Alternatives.Your healthcare providers may
use and disclose medical information to tell you about or recommend
possible treatment options or alternatives that may be of interest to you.
Health-Related Benefits and Services.Your
healthcare providers may use and disclose medical information to tell you
about health-related benefits or services that may be of interest to you.
To Business Associates.Your healthcare providers may
hire third parties that may need your PHI to perform certain services on
behalf of the healthcare providers. These third parties are business
associates of the healthcare provider. Business associates (and their
subcontractors) must protect any PHI they receive from, or create and
maintain on behalf of, the healthcare providers. For example, the
healthcare provider may hire a third-party to issue invoices and collect
payments.
Research.Under certain circumstances, your
healthcare providers may use and disclose medical information about you for
research purposes. For example, a research project may involve comparing
the health and recovery of all patients who received one medication to
those who received another for the same condition.
As Required By Law.Your healthcare providers will
disclose medical information about you when required to do so by federal,
state or local law. For example, disclosure may be required by Workers’
Compensation statutes and various public health statutes in connection with
required reporting of certain diseases, child abuse and neglect, domestic
violence, adverse drug reactions,etc.
To Avert a Serious Threat to Health or Safety.Your
healthcare providers may use and disclose medical information about you when
necessary to prevent a serious threat to your health and safety or the
health and safety of the public or another person. Any disclosure, however,
would only be to someone able to help prevent the threat.
Health Oversight Activities.Your healthcare
providers may disclose medical information to a governmental or other
oversight agency for activities authorized by law. For example, disclosures
of your medical information may be made in connection with audits,
investigations, inspections, and licensure renewals, etc.
Lawsuits and Disputes.If you are involved in a
lawsuit or a dispute, Your healthcare providers may use your medical
information to defend themselves or to respond to a court order.
Law Enforcement.Your healthcare providers may
release medical information about you if required by law when asked to do
so by a law enforcement official.
Coroners and Medical Examiners.Your healthcare
providers may release medical information to a coroner or medical examiner
to identify a deceased person or determine the cause of death.
Uses and Disclosures Requiring an Authorization
Other uses and disclosures of your medical information not covered by this
Notice of Privacy Practices will be made only with your written
authorization. If you provide your healthcare providers such an
authorization in writing to use or disclose medical information about you,
you may revoke that authorization, in writing, at any time, except to the
extent that we have acted in reliance of it. If you revoke your
authorization, Your healthcare providers will no longer use or disclose
medical information about you for the reasons covered by your written
authorization. The following are examples of uses and disclosures requiring
an authorization:
Psychotherapy Notes.If your healthcare provider
maintains information which qualifies as "psychotherapy notes" as defined
below, your health care provider must obtain an authorization for any use
or disclosure of psychotherapy notes, except: (i) To carry out the
following treatment, payment, or health care operations: (A) Use by the
originator of the psychotherapy notes for treatment; (B) Use or disclosure
by the covered entity for its own training programs in which students,
trainees, or practitioners in mental health learn under supervision to
practice or improve their skills in group, joint, family, or individual
counseling; or (C) Use or disclosure by the covered entity to defend itself
in a legal action or other proceeding brought by the individual; and (ii) A
use or disclosure that is required by the Secretary of HHS to investigate
or determine our compliance or permitted by law; uses and disclosures for
health oversight activities with respect to the oversight of the originator
of the psychotherapy notes; uses and disclosures about decedents; or uses
and disclosures to avert a serious threat to health or safety of a person
or the public. Psychotherapy notes means notes recorded (in any medium) by
a health care provider who is a mental health professional documenting or
analyzing the contents of conversation during a private counseling session
or a group, joint, or family counseling session and that are separated from
the rest of the individual's medical record. Psychotherapy notes exclude
medication prescription and monitoring, counseling session start and stop
times, the modalities and frequencies of treatment furnished, results of
clinical tests, and any summary of the following items: diagnosis,
functional status, the treatment plan, symptoms, prognosis, and progress to
date.
Marketing.Your healthcare provider is required by
law to receive your written authorization before we use or disclose your
health information for marketing purposes, except if the communication is
in the form of: (A) a face-to-face communication made by it to you; or (B)
a promotional gift of nominal value we provide. If the marketing involves
direct or indirect remuneration to your healthcare provider from a third
party, the authorization must state that such remuneration is involved. If
the marketing involves financial remuneration to your healthcare provider
from a third party, the authorization must state that such remuneration is
involved.
Sale of PHI.Under no circumstances will your
healthcare providers or business associates sell patient lists or your
health information to a third party without your written authorization.
Such authorization must state that the disclosure will result in
remuneration to the covered entity.
YOUR RIGHTS REGARDING YOUR MEDICAL INFORMATION:
You have the following rights regarding the medical information your health
care provider maintains about you:
Right to Inspect and Copy.You can ask to inspect and
copy your medical information with the exception of psychotherapy notes. To
inspect and copy your medical information, you must submit your request in
writing to the HIPAA Privacy Officer. If you request a copy of the
information, your healthcare provider may charge a fee for the costs of
copying, mailing or other supplies associated with your request. Your
healthcare provider may deny your request to inspect and copy in certain
circumstances. If you are denied access to your medical information, you
may request that the denial be reviewed. For information regarding such a
review, please contact the HIPAA Privacy Officer. If your medical
information is maintained in an electronic health record, you also have the
right to request that an electronic copy of your record be sent to you or
to another individual or entity. Your health care provider may charge you a
reasonable cost-based fee limited to the labor costs associated with
transmitting the electronic health record.
Right to Amend. . If you feel that medical
information your healthcare provider has about you is incorrect or
incomplete, you may ask your health care provider to amend the information.
You have the right to request an amendment for as long as the information
is kept by your healthcare provider. To request an amendment, your request
must be made in writing and submitted to the HIPAA Privacy Officer. In
addition, you must provide a reason that supports your request. Your health
care provider may deny your request for an amendment if it is not in
writing or does not include a reason to support the request. In addition,
your health care provider may deny your request if you ask it to amend
information that: (a) was not created by your healthcare provider; (b) is
not part of the medical information kept by your healthcare provider; (c) is
not part of the information which you would be permitted to inspect and
copy; or (d) is accurate and complete.
Right to an Accounting of Disclosures.You have the
right to request an “accounting of disclosures.” This is a list of the
disclosures your healthcare provider has made of your medical information.
Your healthcare provider is not required to list certain disclosures,
including disclosures made for treatment, payment, and health care
operations purposes or disclosures made incidental to treatment, payment,
and health care operations; however, if these disclosures were made through
an electronic health record, you have the right to request, beginning on
dates established by law or regulation, an accounting for such disclosures
that were made during the previous 3 years. To request this accounting of
disclosures, you must submit your request in writing to the HIPAA Privacy
Officer. Your request must state a time period which may not be longer than
six years.
Right to Request Restrictions. You have the right to
request a restriction or limitation on the use or disclosure your
healthcare provider makes of your medical information. Your health care
provider is not required to agree to your request for a restriction, except
as noted below. If your healthcare provider does agree, your healthcare
provider will comply with your request unless the information is needed to
provide you emergency treatment. Your healthcare provider is required to
agree to your request for a restriction if, except as otherwise required by
law, the disclosure is to a health plan for purpose of carrying out payment
or health care operations (and is not for purposes of carrying out
treatment) and the medical information pertains solely to a health care
item or service for which we have been paid out of pocket in full. To
request restrictions, you must make your request in writing to the HIPAA
Privacy Officer.
Right to Request Confidential Communications.You
have the right to request that your healthcare provider communicate with
you only in a certain manner. For example, you can ask that we only contact
you at work or by mail. To request confidential communications, you must
make your request in writing to the HIPAA Privacy Officer. Your health care
provider will accommodate all reasonable requests.
Right to a Paper Copy of This Notice. . You have
the right to a paper copy of this Notice. Even if you have agreed to
receive this Notice electronically, you are still entitled to a paper copy
of this Notice. You may obtain a copy of this Notice at our website at the
address listed below. To obtain a paper copy of this Notice, contact the
HIPAA Privacy Officer.
Right to Receive Notice of Discovery of a Breach of Unsecured
Protected Health Information. Your healthcare provider is required to notify you of any breach of
unsecured protected health information concerning you following the
discovery of the breach when required by regulation.
REVISIONS TO THIS NOTICE:
Your healthcare provider reserves the right to revise this Notice. Any
revised Notice will be effective for medical information your health care
provider already has about you as well as any information we receive in the
future. Your health care provider will post a copy of any revised Notice on
its website. Any revised Notice will contain on the first page, in the top
right-hand corner, the effective date.
COMPLAINTS:
If you believe your privacy rights have been violated, you may file a
complaint with us or with
the Secretary of the Department of Health and Human Services. To file a
complaint with your healthcare provider, contact:
HIPAA Privacy Officer
Care of WoW
Email: privacy@wowhealthsolutions.com
YOUR HEALTHCARE PROVIDER WILL NOT PENALIZE YOU IN ANY WAY FOR FILING A
COMPLAINT.
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