Terms of Use
Date of Last Revision: 1/16/2024
AMONG OTHER ACTIVITIES, EFFECTY’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES PROVIDED BY EFFECTY.
YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SITES OR ANY SERVICES PROVIDED ON OR THROUGH THE SITES.
THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
Introduction
Effecty LLC and its affiliates (collectively, “Effecty”, “we”, “us”, or “our”) own and operate the website located at www.effecty.com and any linked websites (collectively, the “Websites,” and collectively with any affiliated mobile application (“App”), the “Sites”). The Sites are intended to facilitate the provision of the Services to registered users. The “Services” may include (i) providing individuals with information on weight loss, health care and wellness (“Content”); (ii) providing individuals with access to licensed healthcare providers and pharmacy services focused on weight loss; (iii) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (iv) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (v) telecommunications support for using the Services as a means of direct access to health care providers provided by Beluga Health, P.A. and similar affiliated professional entities for communication, consultations, assessments, and treatment by such health care organizations and their providers.
These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the Effecty Sites that you may use to receive Services. Your access to and use of the Sites is subject to these Terms of Use, our Privacy Policy, as well as all applicable laws and regulations. In these Terms of Use, the terms “you” and “yours” refer to the person using the Services. Even though you may have arrived to the Sites through a website or mobile application operated or controlled by a third party, including by an affiliate of Effecty, you understand and agree that these Terms of Use are entered into between you and Effecty. If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Sites, Services or any information or Content provided through the Sites or Services. The Sites and Services are continually under development, and Effecty reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you. You should check the Terms of Use from time to time when you use the Sites or Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Sites. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Sites. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Sites and/or Services. Your continued use after a change has been posted constitutes your acceptance of the changes.
Use of these terms is also accepting use of Bask Health Inc’s platform and its applicable privacy policy located on the Bask Health website (bask.health, bask.bio).
EFFECTY DOES NOT PROVIDE MEDICAL SERVICES.
Except for specific communications received from Beluga Health, P.A. or affiliate health care organizations and providers, none of the Content you receive through the Effecty Site should be considered medical advice.
Effecty does not provide any medical services, including via the Sites and Services. Rather, Effecty provides a technology platform for you to access a health care provider employed by or contracted with Beluga Health, P.A. or similar affiliated professional entities and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with a Beluga Health, P.A. or one of its affiliate health care providers through the Services, you are not entering into a provider-patient relationship with Effecty. Additionally, the Beluga Health, P.A. health care providers you utilize are not acting as your primary care providers or physicians and are providing a limited scope medical service focused on weight loss.
By accepting the Terms of Use, you agree and consent to Effecty, Effecty affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any Effecty affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.
Availability of Services
Certain of our Services are currently only available to individuals located in certain states.
Eligibility
In order to qualify to use the Services, the following must be true:
• You are age 18 or over.
• You are located in a State Where We Operate (depending on the type of Services).
• You agree to be legally bound by and comply with these Terms of Use.
You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through Effecty. In addition to the above requirements, Effecty and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.
Requirements for use
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Sites. Fees and charges may apply to your use of the mobile services and to the Internet.
Special consent to telehealth services:
All medical services received through Effecty’s platform are virtual and via telehealth. You must agree to a separate telehealth consent in order to receive these services through the Effecty platform.
Telehealth involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
• Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
• Interactions between a patient and health care provider via audio, video, and/or data communications; and
• Use of output data from medical devices, sound, and video files.
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.
Please see our Consent to Telehealth available for a description of the risks and benefits of telehealth. The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.
A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, Effecty strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a local health care provider as well. Moreover, a health care provider utilizing Effecty may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.
Privacy Policy
Effecty understands the importance of confidentiality and privacy regarding your health information. Please see: (1) our Privacy Policy available on the Site for a description of how we may collect and use your personal information, and (2) the Effecty Professionals Notice of Privacy Practices applicable to Beluga Health, P.A. and similar affiliated professional entities for a description of how these entities may use and disclose your medical information and how you may access that information, which is available at the end of the Effecty Privacy Policy document. The Privacy Policy and Effecty Professionals Notice of Privacy Practices are hereby incorporated into these Terms of Use by reference and constitute a part of these Terms of Use.
Semaglutide and Tirzepatide Health Program Terms and Conditions
This section describes additional terms and conditions applicable to your participation in the weight loss monthly subscription programs (the “Program”) offered through Effecty by the affiliated professional entities that provide services on the Effecty platform. The Program is designed to provide access to weight loss management utilizing semaglutide and tirzepatide medications. The Program is a monthly subscription-based service through which eligible patients can obtain limited medical care via telehealth, including monthly refills of medication (at the discretion of the patient’s Effecty-affiliated medical provider), pharmacy services, and secure messaging with their Effecty-affiliated healthcare provider for a recurring monthly payment. The Program is not health insurance or a substitute for health insurance, does not meet any individual health insurance mandate under federal or state law, and cannot replace your in-person provider relationships. You should keep your existing health insurance coverage while you are participating in the Program or obtain health insurance coverage if you do not currently have it.
Each monthly subscription includes:
· 30-day medication refill as determined by the patient’s Effecty-afiliated healthcare provider.
· Secure messaging with your Effecty-affiliated healthcare provider
· Fulfillment of prescription medication of Semaglutide or Tirzepatide (as prescribed), if you choose to have your prescription filled by the Effecty Pharmacy Network (as defined below), with free two-day shipping.
Onboarding and Diagnosis
In order to participate in the Program, you must be evaluated by licensed medical provider on the Effecty platform and, in the professional judgment of such health care provider, meet the clinical criteria for participation. To be evaluated for participation, you must complete an initial onboarding telehealth medical assessment (the “Diagnosis Online Visit”) with a doctor or nurse practitioner. If, following the Diagnosis Online Visit, your health care provider determines that you are a good candidate for treatment through the Program, he or she may initiate such treatment by writing you a prescription.
Your enrollment in the Program, including your ability to access the medication subscription Services and your obligation to pay monthly subscription fees (each as defined below) will commence when your health care provider communicates your care plan, risks and benefits of treatment, and you acknowledge such and elect to proceed with participation in the Program.
In certain cases, you or your health care provider may request that you complete services (e.g., medical consults with a primary care physician or other specialist, laboratory tests) in excess of the Services offered by Effecty. In such case, it is your responsibility to complete such tests or have consults with such specialists.
Pharmacy Services
If you receive a prescription as a result of the Services, you may select one of our partner pharmacies (collectively, the “Effecty Pharmacy Network”) to ship your prescription. You give us consent to send and disclose to the Effecty Pharmacy Network all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.
Packaging and Fulfillment Restrictions
If you select to use the Effecty Pharmacy Network to fulfil any prescriptions provided by healthcare providers through the Services, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
No Refund Policy
Unfortunately we cannot accept returns of prescription products for reuse or resale, and all sales are final. However, if you feel we have made an error in the filling of your prescription, please contact us at orders@Effecty.com.
Payment of Monthly Subscription Fee
You will have an opportunity to review and agree to the cost of Monthly Subscription (the “Subscription Fee”) during the checkout process that is part of the Diagnosis Online Visit. You may also view the costs associated with Monthly Subscription on the Program webpage. Once you begin participation in the Program, your Subscription Fee will be automatically charged to your payment card or PayPal account on file on a recurring, monthly basis (approximately every 28-30 days) until your Subscription is canceled. The initial payment must be made the day your Subscription commences. Once paid, your Subscription Fee is non-refundable. You may cancel your Subscription at any time by emailing us at orders@effecty.com, or logging into your Secure User account.
If you choose to have your prescription filled at a local pharmacy, your Subscription Fee will not include the cost of medication and pharmacy fulfillment. If you transfer your prescription from a local pharmacy to the Effecty Pharmacy Network, the cost of medication and pharmacy fulfillment will be added to your Subscription Fee at the beginning of the next billing cycle. You may transfer your prescription to a local pharmacy or to the Effecty Pharmacy Network at any time by emailing us at orders@effecty.com.
You agree to pay all fees due for services requested. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.
You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s). Your payments to Effecty may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which Effecty collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Effecty and you may be separately charged by the applicable health care providers for such services. In the event that your credit card expires or Effecty, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Effecty and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.
No Insurance
You understand and agree that the affiliated professional entities, the healthcare professionals practicing on the Effecty platform, and the pharmacies in the Effecty Pharmacy Network will not bill your health insurance benefits plan for the health care and pharmacy services and products that you receive as part of the Program and that such health care and pharmacy services and products may not be eligible for reimbursement. You understand and agree that you are responsible for all fees due to receive health care and pharmacy services and products consistent with the “Payment” and “Special notice to Medicare and Medicaid beneficiaries” sections below.
No Medicare or Medicaid: Special Notice to Medicare and Medicaid Beneficiaries
Federal and state health care programs, such as Medicare and Medicaid, do not pay for all health care costs, even for some health care services and products that you or your health care provider have good reason to think you need. If you are a beneficiary of a federal or state health care program, and such program does not pay for certain services or products rendered to you, you may have to pay for these services and products. As we understand it, neither federal nor state health care programs currently pay for any of the medical services or products made available through the Services performed by affiliated health care organizations or providers, at least not in the way such services or products are provided (i.e., using telemedicine and bundled treatment offerings). By agreeing to use the Services, you acknowledge and agree that: (1) you will pay directly for any medical services and products provided to you, and (2) neither Effecty nor any Effecty affiliated health care organization or provider will bill any federal or state health care program for such medical services or products.
Canceling your Subscription
You may cancel your Subscription at any time by emailing us at orders@effecty.com, or logging into your Secure User account. Any Subscription Fees paid prior to the date of cancellation are non-refundable.
Delaying your Subscription
If you would like to delay your billing date for any reason, you may delay by logging into your Secure User account or emailing us at orders@effecty.com. You may learn more about how to initiate a delay through your Secure User account in the FAQs located here. When you delay, you will not be charged a Subscription Fee until the end of the delay period that you have selected. During such period, you will not be eligible to receive any Subscription Services, except you may still message your Effecty-affiliated health care professional through Effecty’s secure messaging application at any time. Delaying could impact your ability to adhere to your treatment plan. As a result, at your Effecty-affiliated health care provider’s discretion, you may need to be re-evaluated before continuing with treatment (a “Continuation Visit”) at the end of a delay period. If you delay for a cumulative period of eight (8) consecutive weeks or more without scheduling a Continuation Visit, your Subscription may be canceled without notice.
Pausing Your Subscription
If you would like to pause your Subscription by turning off auto-payments (going “On-demand”) for any reason, you may do so by logging into your Secure User account or emailing us at orders@effecty.com. You may learn more about how to go On-demand through your Secure User account in the FAQs located here. When you go On-demand, you will not be charged any additional monthly Subscription Fee payments until you initiate a charge by ordering a refill of your medication or turning auto-payments back on. You will receive Subscription Services through the last day of the monthly billing cycle for which you have paid the monthly Subscription Fee. Thereafter, other than messaging your Effecty-affiliated health care professional through Effecty’s secure messaging application, you will not be eligible to receive any Subscription Services until you initiate another charge as described above. Going On-demand could impact your ability to adhere to your treatment plan. As a result, at your Effecty-affiliated health care provider’s discretion, you may need to undergo a Continuation Visit before continuing with treatment at the end of an On-demand period. If you remain On-demand for a cumulative period of eight (8) consecutive weeks or more without scheduling a Continuation Visit, your Subscription may be canceled without notice.
Shipping Policy
All orders are processed within 2-3 business days.
4-12 business days average shipping period (the shipping time may be affected if one of the ordered items is in very high demand or if any holidays are going on). Orders are not shipped or delivered on weekends or holidays. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery.
If there will be a significant delay in the shipment of your order, we will contact you via email or telephone.
Shipping rates & delivery estimates Shipping charges for your order will be calculated and displayed at checkout.
Shipment confirmation & Order tracking
You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.
International Shipping Policy
We currently do not ship outside the U.S.
Customs, Duties and Taxes
Effecty is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.).
Damage During Shipping
Effecty is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim.
No representation, warranty, or guarantee of continued availability of the Program
NEITHER EFFECTY NOR THE AFFILIATED PROFESSIONAL ENTITIES MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED AVAILABILITY OF THE PROGRAM. THE PROGRAM MAY BE DISCONTINUED AT ANY TIME AT THE SOLE DISCRETION OF EFFECTY AND/OR THE AFFILIATED PROFESSIONAL ENTITIES. YOU WILL BE GIVEN 30 DAYS’ NOTICE OF ANY SUCH DISCONTINUATION SO THAT YOU MAY FIND A LOCAL PROVIDER WITH WHOM TO CONTINUE TREATMENT.
Communications by text message and email
By opting-in to receive text (SMS) messages from Effecty or by sending Effecty an initial text message (an “SMS Enrollment”), you consent to receiving text messages regarding your Effecty account and use of the Sites and Services. These text messages may include order confirmations, shipping notifications, messages from your healthcare provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted-in to receive such messages from Effecty.
With your SMS Enrollment, you represent and understand that: (1) you are the owner or authorized user of the mobile device you used in order to initiate the SMS Enrollment, (2) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from Effecty, (3) you will be responsible for all messaging and other data charges that may apply for any text messages sent to you from Effecty, or from Effecty to you, and (4) neither Effecty, nor your or Effecty’s mobile carriers, will be liable for delayed or undelivered messages.
Note that access to the Services and the Sites is not conditioned upon your consent to receive marketing or promotional text messages from Effecty, and you can opt-out of any of Effecty’s SMS services at any time by texting “STOP” to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message “STOP” to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted-in to receive more than one type of text message from Effecty, you will need to opt-out of each Effecty SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from Effecty that you have opted-in to receive but have not unsubscribed from.
You also understand that while Effecty takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from Effecty are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending text messages to Effecty, and receiving text messages from Effecty, that are not encrypted. Likewise, by emailing Effecty or giving Effecty your email, you consent to receiving unencrypted emails messages from Effecty.
If you are experiencing any issues with Effecty’s text messaging or email services, or if you have any concerns about sending or receiving any sensitive information through text or email, please contact us directly at orders@effecty.com. If you have questions specific to your text or data plan, please contact your wireless provider.
Registration and user accounts
Although certain parts of the Sites are accessible by any individual, you are obligated to register with Effecty in order to access the Services. The Services are available only to users who have registered with Effecty and to other persons affiliated with Effecty who have been granted accounts with usernames and passwords (“Secure Users”). If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to Effecty. If you do not maintain such information, or Effecty has reasonable grounds to suspect as much, Effecty has the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify Effecty of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Effecty at orders@effecty.com. Effecty may take any and all actions it deems necessary or reasonable to maintain the security of the Sites, Services and your Secure User account.
You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. Effecty explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You acknowledge and agree that: (1) all or any part of the Sites may not be accessible at any time, for any period, or for any reason; and (2) Effecty will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period.
‘Jailbreaking’ the mobile operating system
The App is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system. Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. As a result, you may compromise your protected health information if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms of Use.
Access Rights and Prohibited Use
Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Sites in the United States and to use the Services solely for your personal and non-commercial use and only as permitted under these Terms of Use, the Consent to Telehealth, and the Privacy Policy. No other right, title, or interest in or to the Sites is transferred to you, and all rights not expressly granted are reserved by Effecty or its licensors. We reserve the right, in our sole discretion, to deny or suspend use of the Sites or 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 Sites or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Sites; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Sites, or any other system, device, or property; (e) access or use the Sites in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Sites, Services or related materials in any way; (g) use or access the Sites to create or develop competing products or services or for any other purpose that is to Effecty’s detriment or commercial disadvantage; (h) take any action or use the Sites in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Sites or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Sites or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Effecty or any of our service providers to protect our Sites; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Sites or any content made available to you on or through our Sites; (l) use any manual process or automated device to monitor or copy any content made available on or through our Sites for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Effecty or third-party content from the Sites; (n) otherwise use the Sites in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.
Ownership of information submitted via the Site
With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy (which may be governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state-specific privacy laws and regulations), you understand and agree that any information you provide to Effecty on or through the Sites or Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Effecty and/or (i) Beluga Health, P.A., (ii) similar affiliated professional entities, or (iii) individual health providers utilizing the Services.
Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Effecty shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Effecty via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
For any personal data or information subject to the foregoing exception, and to the extent permitted by law, you: (1) understand and agree that any such information provided by you may be used, copied or displayed by Effecty, Effecty may create derivative works of any such data, and Effecty may provide such data to our service providers, our successors and assigns, Beluga Health, P.A. and affiliated health care providers, and their affiliated professional entities, in performance of their services; and (2) grant Effecty, our service providers, our successors and assigns, Beluga Health, P.A. and affiliated health care providers, and their affiliated professional entities, the fully transferable and sublicenseable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Sites for the purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Effecty using such data.
Ownership of Site Content
As between Effecty and you, Effecty is the sole and exclusive owner of all right, title and interest in and to the Sites and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Sites except as generally and ordinarily permitted through the Sites according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Sites or Content shall be owned solely and exclusively by Effecty or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Sites or Content.
Digital Millennium Copyright Act
Effecty reserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason. Effecty otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Effecty
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at: orders@effecty.com. Any notification to Effecty under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
• An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• An identification of the content or material that you claim is infringing and where it is located on our Sites;
• Information sufficient for Effecty to contact you, such as your address, telephone number, and/or email address;
• A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
• A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
Trademarks
Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks or logos (“Marks”) of Effecty or its affiliates. You are not authorized to use any such Marks without the express written permission of Effecty. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.
Links to third-party hyperlinks and websites
The Sites may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
You may have arrived to the Sites through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of Effecty. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms of Use will apply to your use of or access to the Sites.
Termination
The Terms of Use will remain in full force and effect as long as you continue to access or use the Sites or Services. You may terminate the Terms of Use at any time by discontinuing use of the Sites. Your permission to use the Sites automatically terminates if you violate these Terms of Use.
Effecty may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Sites or Services with or without prior notice, for any reason, and at any time. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.
Subject to applicable law, Effecty reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Sites pursuant to its internal record retention and/or content destruction policies. After such termination, Effecty will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you. You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold Effecty harmless from any and all liability that Effecty may incur therefore.
Disclaimer of warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND ANY SERVICES ARE PROVIDED THROUGH THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. EFFECTY AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER EFFECTY NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITES. FURTHERMORE, EFFECTY DOES NOT GUARANTEE THAT THE SITES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND EFFECTY DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
Limitation of liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL EFFECTY, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITES OR ANY SERVICES PROVIDED THROUGH THE SITES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES. THIS IS TRUE EVEN IF EFFECTY OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless Effecty, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Sites in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms of Use.
Modifications to the Sites
Effecty reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Sites or Services or any portion thereof, with or without notice. You agree that Effecty shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services.
Governing law; dispute resolution; arbitration; venue; severability of provisions
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND EFFECTY TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EFFECTY
These Terms of Use and your use of the Sites shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in New York, New York under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction. The parties agree that the courts located in New York, New York shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.
All parts of these Terms of Use apply to the maximum extent permitted by law. Effecty and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
No waiver
No waiver by Effecty of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Effecty to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
No agency relationship
Neither these Terms of Use, nor any Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
Remedies
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Assignment
You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Effecty and Beluga Health, P.A. and their respective affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of their respective businesses is transferred to another entity by way of merger, sale of its assets or otherwise.
Contact:
If you have any questions about these terms, please contact orders@effecty.com.