Terms of Use

Last revised January 23, 2022

These Terms of Use (“TOU”) are an agreement between you and Consult Health LLC, a New Jersey limited liability company (“Consult Health”) concerning your access to and use of, various services offered through our website (www.consulthealth.co), and any web-based and/or mobile applications that require you to create an account in order to use the Services (as such term is hereinafter defined) (collectively, the “Site”) By accessing, browsing, and/or using the Site, you accept and agree to be bound by the TOU and the Privacy Policy (collectively, the “Terms and Conditions”). If you do not agree to all of these Terms and Conditions, do not access or use the Site. If you have questions regarding these Terms and Conditions, please reach out to us using the Contact Us page on our website.‍

These TOU may change. Because your use of the Site means that you agree to these TOU, if we revise and update these TOU, your continued use of Consult Health and the Site will mean that you accept these changes. You choose whether or not to use Consult Health and the Site. If you do not agree to all of these TOU, please do not use Consult Health and the Site.

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.‍

Your Representations, Warranties and Covenants to Consult Health

By accessing the Site, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these TOU with Consult Health, (iii) the information you have provided to Consult Health in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Site (v) you will not interfere with a third party's use and enjoyment of the Site (vi) you will not interfere with or disrupt Consult Health's or its vendors' security measures, (vii) if any information you provide to Consult Health becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Consult Health, and (viii) you are accessing the Site for yourself.

In connection with your relationship with Consult Health, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information. We will use your information in accordance with our Privacy Policy.

Consult Health is designed to support your health decisions and choices you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive from a formal provider-patient relationship. Always use common sense when making health decisions. Consult Health cannot make decisions for you. Consult Health is not a place for treatment or diagnosis. Please use any information you find on the Site responsibly.

You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site. You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Site. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.

Access to the Site

The Site and the information and content available through the Site are protected by copyright laws throughout the world. Subject to these TOU, Consult Health grants you a limited, non-transferable, and revocable license to access and use the Site for your personal use. Unless otherwise specified by Consult Health in a separate license, your right to use any of the services available through the Site is subject to these TOU and all rights are reserved by Consult Health. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying this Site.

Any use or attempted use of this Site (1) for any unlawful, unauthorized, fraudulent, or malicious purpose; (2) that could damage, disable, overburden, or impair the Site; (3) that could interfere with any other party’s use and enjoyment of the Site; (4) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means; or (5) for any other use other than the business purpose of which it was intended, is prohibited. Consult Health reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Consult Health further reserves the right to monitor general use of the Site at any time as it deems appropriate and to remove any materials that may violate these TOU.

Consult Health may terminate your use of the Site or any of Consult Health’s features or services at any time and for any reason without notice. You agree that if your use of the Site is terminated pursuant to these TOU, you will not attempt to use the Site under any name, real or assumed. Except as otherwise provided in the Privacy Policy, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you any information to use, or any other information that we have that relates to you.

Third Party Links

Consult Health may provide links to third-party web sites. Consult Health does not recommend and does not endorse the content on any third-party websites. Consult Health is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements. Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites. Consult Health does not endorse any product, service, or treatment advertised on the Site. Consult Health does not control and is not responsible for the privacy practices of such third parties. Consult Health encourages you to review the privacy policies of each website and application you visit and use.

Limitation on Use by Minors

Our service is intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual accesses the Site. The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age. If Consult Health obtains actual knowledge that it has collected personal information through the Site from a person under eighteen (18) years of age, Consult Health will use reasonable efforts to refrain from using such personal information or maintaining it in retrievable form. Individuals under eighteen (18) years of age (and/or their parent or guardian) may contact Consult Health if they believe their personal information has been collected and/or displayed on the Site and request its removal and/or destruction.

Please note that Consult Health is not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example: (1) when an international, federal, state, or local law, rule, or regulation requires Consult Health to maintain the content or information; (2) when Consult Health maintains the content or information on behalf of a user’s healthcare provider as part of such user’s medical record; (3) when the content or information is stored or posted to the Site by a third party other than the user (including any content or information posted by the user that was stored, republished, or reposted by the third party); (4) when Consult Health anonymizes the content or information, so that such user cannot be identified individually; (5) when such user does not request that such information be removed from the Site; and (6) when such user has received compensation or other consideration for providing the content or information.

The foregoing is not intended to be an admission that Consult Health is subject to the Child Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Online Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

Account Information

When you create an account with Consult Health, you are creating a direct customer relationship with Consult Health that enables you to access and/or utilize various functions of the Site. As part of that relationship, you will provide certain information to Consult Health, including but not limited to, your name, email address, shipping address, phone number, and certain transactional information that Consult Health does not consider to be “protected health information” or “medical information”. Consult Health will use the data and information that you provide in accordance with its Privacy Policy.

Data Retention

Consult Health may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide its users with the Services. Consult Health may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Consult Health or as required by law. Please see the Privacy Policy for additional information about how your data will be handled by Consult Health.

‍Transactions

In connection with any transaction they conduct through the Site, users of the Site may be asked to supply certain information relevant to the transaction, including, without limitation, credit card numbers and expiration dates, billing addresses, shipping addresses, phone numbers, or email addresses. By submitting such information, users grant Consult Health without charge the irrevocable, unencumbered, universal, and perpetual right to provide such information to third parties for the purpose of facilitating the transaction.

Waiver

No delay or omission by Consult Health to exercise any right or power it has under these TOU or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Consult Health must be in writing and signed by an authorized representative of Consult Health.

Jurisdictional Issues

These TOU, the Privacy Policy, and Consult Health’s collection, use, and disclosure of information are governed by United States law.

Miscellaneous

Consult Health strives to use reasonable physical, technical, and administrative measures to protect information under its control. However, you as a user of the Site are responsible for keeping your account passwords and login information secure and confidential, and you are responsible for any all use of the Site. If you have reason to believe that the security of your account has been compromised, please notify us immediately using the Contact Us page on the Site.

As a User of the Site, you may choose to not provide us with certain information, but this may limit the features you will be able to user, or it may prevent you from using the Site all together. You may also choose to opt out of receiving certain communications from Consult Health.

Consult Health may supplement, amend, or otherwise modify these TOU at any time. When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically.

Disclaimers

YOUR ACCESS AND USE OF THE SITE IS VOLUNTARY AND IS AT YOUR SOLE RISK. CONSULT HEALTH DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SITE AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. CONSULT HEALTH DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SITE. CONSULT HEALTH DOES NOT WARRANT THAT THE SITE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, OR IMPERFECTIONS.

Limitation of Liability

IN NO EVENT SHALL CONSULT HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS OF USE, OR INABILITY TO USE THIS SITE OR ANY OTHER SITE LINKED TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, SITE, ERRORS, OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THE SITE. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST CONSULT HEALTH FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE SITE.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST CONSULT HEALTH ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF YOUR USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Entire Agreement

These TOU and any other agreements Consult Health may post on the Site or that you and Consult Health may execute from time to time constitute the entire agreement between Consult Health and you in connection with your use of the Site and supersede any prior agreements between Consult Health and you regarding use of the Site, including prior versions of these TOU.

Governing Law and Jurisdiction

Accessing this Site or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited. Notwithstanding the laws of the location from which you access the Site, you agree that the statutes and laws of the State of New York, notwithstanding any principles of conflicts of law, will apply to all matters relating to the use of the Site. You irrevocably submit to the exclusive jurisdiction of the courts of the State of New York, Westchester County, in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction.

If any part of these TOU are deemed unlawful, void, or unenforceable, such part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Arbitration

In the event of any dispute between you and Consult Health, you agree that such dispute shall be resolved through arbitration in Westchester County, New York by the American Health Lawyers Association (“AHLA”) Dispute Resolution Service and conducted pursuant to the applicable AHLA Rules of Procedure for Arbitration (the “Arbitration Rules”). The fees and expenses of any arbitration shall be allocated in accordance with the “Standard Allocation” provisions of the Arbitration Rules. The award of the arbitrator shall be final, binding and conclusive on all parties to the arbitration.

Changes to this Agreement

When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically. Your continued use of Consult Health constitutes your agreement to the changed TOU.