Notice of Terms and Conditions
Amaze PBC (a Delaware public benefit corporation) (“Amaze”, “we”, “us”, or “our”) operates websites located at amazehealth.com and learn.amazehealth.com, as well as a mobile application for Registered Users that is available at app.AmazePBC.com, and a mobile application. 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 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 domestic partner; and child (up to the age of 26). The Site enables Registered Users to engage healthcare practitioners (“Healthcare Practitioners”) to obtain telehealth services (“Healthcare Services”). 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 nor implied to be a substitute for professional medical advice relative to your 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 (a licensed medical provider) 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 have the right to change these Terms and Conditions at any time. By accessing or using the Site, Services or Healthcare Services after the effective date of any such changes will indicate your acknowledgement of such changes and agreement 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
2. Healthcare Services.
The Healthcare Practitioners who deliver Healthcare Services are independent practitioners engaged by the professional practice of Amaze Professional Medical Services LLC (a Colorado limited liability company) (“Amaze Medical”). Amaze 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 inform you that you require 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.
Amaze Medical is not an online pharmacy, nor are we a Medicare prescription drug plan. Amaze Medical is not a Qualified Health Plan. Amaze Medical is not insurance and is not intended to replace health insurance. The offering of Healthcare Services by Amaze Medical 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 (a licensed medical provider) 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 (a licensed medical provider) or other qualified health provider is to be considered medical advice.
3. The Forums – Registered User Generated Content.
Any information you submit, upload, any comments you post, or ideas, suggestions, files, videos, illustrations, images or other materials to the Forums shall be considered “Registered User Generated Content.” You agree and acknowledge that any Registered User Generated Content, including personally identifiable information and health information contained therein, is made voluntarily. You further acknowledge and agree that any Registered User Generated Content is submitted by you without any restrictions or expectations of confidentiality (except as set forth in our Privacy Policy at Legal Notices). You are and shall remain solely responsible for any Registered User Generated Content you make. We take no responsibility and assume no liability for any Registered User Generated Content submitted by you.
4. Rules for Posting Questions in the Forums.
The Forums, where Registered Users may post content, are for the exchange of information and support only. While we suggest you do not include personally identifiable information and health information in any of your posts, we understand the purpose of such Forums and that such information may be shared for discussion purposes. If such content is shared, you are doing so voluntarily and without any restrictions or expectations of confidentiality (except as set forth in our Privacy Policy at Legal Notices). In consideration of being allowed to use the Forums, you agree to refrain from doing the following:
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.
5. Privacy and Security.
We are required to comply with healthcare privacy and security laws and maintain safeguards to protect the security of your health information. In addition, the information you provide to your Healthcare Practitioner during a medical consultation is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy. We devote considerable effort toward ensuring that your personal and health information is secure. Personal and health information is stored on secure, encrypted servers. For more, detailed information regarding how your health and personal information may be used and disclosed, please review our Privacy Policy at Legal Notices. We reserve the right to modify our Privacy Policy from time-to-time. The Privacy Policy, including any amendments thereto, are incorporated into these Terms and Conditions in their entirety.
6. Registered User Accounts.
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”). To have an Account, you must be at least 18 years of age. If you are not 18 years of age, you may not register to use our Services or Healthcare Services unless a parent or legal guardian has given documented consent. 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 children of whom you are the parent or legal guardian). 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.
7. Registered User Responsibilities.
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.
8. Access and Use Rights and Prohibited Uses.
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.
9. Use of the Site, Services and Healthcare Services by Children.
The Site, Services and Healthcare Services are available for use by children, who are at least 13 years old but under the age of 18 (“Minor”), accompanied by a parent or legal guardian, who gives documented consent. The Registered User for a Minor must be the Minor’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a Minor, you will be fully responsible for complying with these Terms and Conditions and binding the Minor to these Terms and Conditions.
10. Ownership and Intellectual Property Rights.
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.
11. External Website Links.
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.
12. Termination.
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.
13. Disclaimer of Warranties and Limitation of Liability.
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.
14. Miscellaneous.
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.
Notice of Health Information Privacy Practices
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 who deliver Healthcare Services and who are independent practitioners engaged by the professional practice of Amaze Professional Medical Services LLC (a Colorado limited liability company) (“Amaze Medical”, “we”, “us”, or “our”) (and how Amaze PBC (a Delaware public benefit corporation) (“Amaze”) when acting on behalf of Amaze Medical) may use and disclose your health information and how you can access this information. The Healthcare Practitioners are supported by non-medical staff who may work for Amaze Medical or Amaze and who also have access to your PHI. 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.
2. Our Responsibilities.
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.
3. Our Use and Disclosure of Your Health Information.
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.
4. Other Permitted Uses and Disclosures of Your Health Information.
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.
5. Your Rights Regarding Your Health Information.
You have the following rights regarding health information that we maintain about you:
6. Email, Text, and Your PHI.
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:
Email Disclaimer
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:
Email Instructions
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.
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.
7. Breach Notification.
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”).
8. Complaint and Contact Information.
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:
Phone: 303-684-7440
Email: [email protected]
Address: Attn: Privacy and Security Officer, PO Box 329, Longmont, CO 80502
Notice of Site Privacy Policy
We understand that privacy of information is of great importance to our Registered Users and Visitors. This section, “Site Privacy Policy”, explains how we collect, use and disclose information from and/or about you when you access and use the Site, Services or Healthcare Services.
2. Agreement.
By accessing and using the Site, Services or Healthcare Services, you agree to be bound by our Site Privacy Policy and the Terms and Conditions at Legal Notices, both as they exist now and as they may be changed from time-to-time. If you do not wish to be bound by our Site Privacy Policy or Terms and Conditions, please do not access or use the Site.
3. Collection of Personal and Health Information.
4. Use and Disclosure of Personal and Health Information.
5. Security.
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.
6. Mobile Applications.
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 will collect additional information about you including (1) location data, (2) device IDs and (3) 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.
7. Collection, Use and Disclosure of Non-Identifiable Information.
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.
8. Cookies Policy.
When you use or access the Site, we may place cookies in your web browser. Cookies are small pieces of text sent by your web browser by a website you visit. Cookies can be “persistent” or “session” cookies. We use both types of cookies for purposes such as: to enable certain functions; to provide analytics; and to store your preferences. We may also use essential cookies to authenticate users and prevent fraudulent use of user accounts.
In addition to our own cookies, we may use third-party cookies to help in reporting things such as usage statistics. If you would like to delete cookies or instruct your web browser to delete or refuse cookies, visit the help page of your web browser where you can take the steps necessary to do so. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you might not be able to store your preferences, and some of our pages might not display properly.
9. Changes to Our Site Privacy Policy.
Our current Site Privacy Policy is posted at Legal Notices. We may change our Site Privacy Policy from time-to-time in the future. Continued access and use of the Site, Services or Healthcare Services following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
10. Contact Information.
If you have questions or concerns about our Site Privacy Policy, or would like to report a violation, please contact us:
Phone: 720-677-5251
Email: [email protected]
Address: Attn: Privacy and Security Officer, PO Box 329, Longmont, CO 80502
Informed Consent for Telehealth Services
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:
ELECTRONIC SIGNATURE
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.