Telehealth Consent Policy

Last Modified: 11/20/2023

Our services are tailored for specific non-emergent medical conditions within a defined medical scope. If you’re facing a medical emergency, please contact your doctor’s office or dial 911 for immediate medical attention. Before using our website services, carefully review the terms of use outlined below.

1. INTRODUCTION

These Terms delineate your rights and obligations regarding the V.ARIA website (referred to as the “Platform”), which is owned and operated by V.ARIA HEALTH, LLC. In these Terms, “we,” “our,” “us,” “V.ARIA Digital Clinic,” and “V.ARIA” collectively denote V.ARIA HEALTH. The terms “you” and “yours” pertain to the individual utilizing the Platform. The use of the Platform is regulated by these Terms and our Privacy Policy. By accessing or utilizing the Platform, you acknowledge that you have read, comprehended, and consented to be legally bound by and adhere to these Terms and our Privacy Policy. Regardless of whether you accessed the Platform through a website controlled by a third party, including a V.ARIA affiliate, you recognize and agree that these Terms constitute an agreement between you and V.ARIA. Additionally, you acknowledge that the Platform and any services outlined in these Terms (excluding medical services) are provided by V.ARIA or a V.ARIA subsidiary.

By selecting the “I Agree” checkbox for V.ARIA’s Terms of Use, you are expressing your acceptance of all the terms outlined below. This action is considered your legal signature, signifying your agreement. V.ARIA does not waive any terms or conditions by overlooking them, and any failure to assert a right or provision does not waive that right or provision. If a court deems any provision invalid, illegal, or unenforceable, it will be adjusted to the minimum extent necessary, allowing the remaining terms to remain effective. To utilize V.ARIA’s services, you must agree to all terms in this agreement. If you find any terms unacceptable, please refrain from using our services. Your agreement is conveyed by checking the “I Agree” box, serving as a legal signature.

2. MODIFICATION OF THE TERMS

We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms from time to time when you use the Platform to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation above. If you use the Platform after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Platform.

3. DESCRIPTION OF V.ARIA

You acknowledge and agree that the Platform is designed to facilitate the following services, collectively referred to as “We treat”: (a) the development and collection of health care records and information, with the retention of the same for use in medical provider encounters and communications; (b) administrative support for payment related to our medical services; (c) administrative support for coordinating optional fulfillment and payment for diagnostic testing and prescription medications ordered or prescribed by medical providers performing medical services; and (d) telecommunications and technology support for utilizing the Platform as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment.

You understand that the Platform gathers unique information from you to enable an affiliated medical provider, through the medical services, to assess the need for prescriptions or diagnostic tests based on Your Information. This includes relevant health information such as your past and current health conditions, medications, diagnostic tests, and personal information like your name, location, and demographic information. After reviewing Your Information, the medical provider will, in their independent professional judgment, decide whether to prescribe medication, recommend other treatment, or suggest consulting with alternative clinical resources.

By giving us consent, you allow the disclosure of Your Information to affiliated professional entities and their medical providers for the provision of our medical services. Additionally, you consent to the delivery of Your Information to V.ARIA-affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies to facilitate desired fulfillment and payment for diagnostic testing, prescription medications, and medical devices recommended as part of the medical services.

It’s important to note that all medical providers delivering services through the Platform are independent professionals contracted or employed by affiliated professional entities coordinating with V.ARIA. They are solely responsible for the medical services provided to you. V.ARIA does not control or intervene in the provision of medical services by these providers and affiliated professional entities, each of which operates independently and assumes sole responsibility for the medical services. Consequently, you understand and agree that V.ARIA is not accountable for the medical services or your utilization thereof, including any personal injury or property damage.

4. ELIGIBILITY

To access the Services via the Platform, the following conditions must be met:

1. You reside in the United States.
2. You possess compatible computing and/or mobile devices, Internet access, and the necessary software to utilize the Platform.

It’s important to note that fees and charges may be associated with your use of mobile services and the Internet.

While meeting these requirements does not guarantee the receipt of Services through the Platform, V.ARIA and its affiliated professional entities reserve the right to modify or introduce new requirements at their sole discretion without prior notice. Additionally, medical providers and affiliated professional entities delivering the medical services may, on a case-by-case basis, determine specific criteria for using the Platform or decide that medical services are not suitable for a particular user in any given instance. More details on the criteria for medical services can be found on our FAQs page.

5. AVAILABILITY

The Services are currently only available to individuals located in the United States in 24 states as follows:

Alabama, Florida, Georgia, Illinois, Indiana, Iowa, Idaho, Kansas, Louisiana, Michigan, Montana, Minnesota, Mississippi, New Jersey, Nebraska, Ohio, Oregon, Pennsylvania, Texas, Tennessee, Utah, Virginia, Washington, Wyoming

6. REGISTRATION, USER ACCOUNTS, AND USER DATA

You provide V.ARIA, our service providers, successors and assigns, as well as medical providers and their affiliated professional entities, with a fully transferable and sublicensable right and license. This enables the use, reproduction, modification, analysis, performance, display, distribution, and disclosure to third parties of any User Data you submit on or through the Platform. This license is granted for the purposes of delivering Services to you, conducting research or analyses of the data, and designing, developing, implementing, modifying, and/or enhancing new, current, or future features, products, and services of V.ARIA using such data.

7. YOUR RESPONSIBILITIES AND ACKNOWLEDGEMENT

As a condition for using the Services through the Platform, you agree to the following:

1. Ensure that all Your Information provided through the Platform is accurate, complete, and correct. You commit to maintaining and updating any provided information with accuracy.
2. Promptly inform V.ARIA of any unauthorized use of your username, password, or any other security breach related to the Services by emailing V.ARIA at hello@v-ariahealth.com.
3. Be prepared to provide additional information to V.ARIA, its affiliated professional entities, or relevant medical provider(s) for the purpose of delivering medical services or fulfilling a prescription. While you have the option to withhold requested information, doing so may result in the inability to use the Platform or related services.
4. Acknowledge that the provision of medical services through the Platform relies on the completeness and accuracy of Your Information. V.ARIA cannot verify all aspects of Your Information, and therefore, it is not responsible for any consequences arising from inaccuracies or incompleteness. In the event of inaccurate, incomplete, or unmaintained information, or if V.ARIA has reasonable grounds to suspect such issues, V.ARIA reserves the right to suspend or terminate your account and use of the Services. Additionally, V.ARIA may take any necessary or reasonable actions to ensure the security of the Platform, Services, and your Secure User account.

8. RESTRICTIONS ON USE

You are not allowed to use our Platform, or encourage others to do so, unless explicitly permitted in these Terms. Specifically, you must not:

1. Use or attempt to use the Platform or Services on behalf of anyone other than yourself.
2. Access or use the Platform in a way that violates intellectual property rights, other third-party rights, or any applicable laws or regulations.
3. Jailbreak your mobile operating system, as the Platform is intended for use on unmodified, manufacturer-approved operating systems.
4. Engage in any commercial exploitation of the Platform or related materials.
5. Take actions that could harm, disrupt, or impair our Platform or its content.
6. Attempt to gain unauthorized access to our Platform or any computer network, or violate its security.
7. Circumvent any security measures implemented by V.ARIA or its service providers.
8. Introduce harmful computer code or viruses to the Platform or any connected system.
9. Remove, alter, or obscure any trademarks, specifications, copyrights, or other intellectual property notices.
10. Reproduce, distribute, or use Platform-related data, text, reports, or materials in any unauthorized manner.
11. Encourage or enable others to engage in any of the aforementioned activities.

9. LICENSE AND USE

As long as you follow these Terms, V.ARIA gives you a personal, limited, revocable, nonexclusive, and non-transferable license. This allows you to view, download, access, and use the Platform and its content for your personal and non-commercial use. However, you don’t gain any other rights, title, or interest in the Platform, and V.ARIA or its licensors reserve all rights not explicitly granted. Commercial activities like reproducing, publishing, transmitting, distributing, displaying, modifying, creating derivative works, selling, or exploiting the content in any way are strictly prohibited.

10. DISCLAIMER; LIMITED HEALTH CARE SERVICES

The Platform is designed for specific health care services and should not be regarded as a substitute for comprehensive medical advice, care, diagnosis, or treatment. It’s important to consult your physician or qualified healthcare provider for any questions about general personal health, medical conditions, or drugs/medications. Seek their advice before starting or stopping any course of treatment, drug, or medication.

11. TELEHEALTH CONSENT

Telehealth or telemedicine involves delivering healthcare services through electronic communications, information technology, or other methods when a medical provider or nurse and a patient are not physically in the same location. It can be utilized for diagnosis, treatment, follow-up, and patient education. This may include, but is not limited to:

1. Transmitting medical records, photo images, personal health information, or other data between a patient and a medical provider or nurse electronically.
2. Interactions between a patient and medical provider through audio, video, and/or asynchronous data communications.
3. Utilizing output data from medical devices, sound, and video files.

By registering as a Secure User and accessing medical services, you acknowledge and agree to this Telehealth Consent. A record of this acknowledgment will be kept in the medical record of the medical provider and professional entity providing the services. For more details, refer to our Telehealth Consent Policy.

12. PAYMENT

When you submit Your Information for medical services at V.ARIA, you are agreeing to pay all associated fees. During the process, you’ll be prompted to provide payment details, including credit card information and any promotional codes you may have. By entering your payment information and submitting the request, you authorize us, our affiliates, or third-party payment processors to charge the applicable amount. Please note that medical consult fees are non-refundable, and we do not accept returns of prescription products for reuse or resale; all sales are final. If you believe there’s an error in your prescription, contact us at hello@v-ariahealth.com.

You acknowledge that you are responsible for all fees associated with receiving the Services, including those charged by medical providers and affiliated professional entities, as well as any applicable co-insurance or co-pay amounts. V.ARIA will collect amounts covering medical service fees. In the event of an expired credit card or payment processing issues, you may be notified to provide an alternative payment method. V.ARIA and/or the medical provider(s) are not obligated to provide any Services until full payment is received and/or verified. Professional services within the medical services are unlikely to be covered by government health care payors, and you understand that no claims for such coverage will be submitted by V.ARIA or our affiliates for these professional services.

13. PRIVACY

V.ARIA recognizes the significance of confidentiality and privacy regarding your information. For details on how we collect, use, and disclose Your Information in relation to the Platform, please refer to our Privacy Policy.

14. INTELLECTUAL PROPERTY

In the relationship between you and V.ARIA, V.ARIA is the exclusive owner of all rights, titles, and interests in the Platform and its content, features, and functionality. This includes all intellectual property rights, such as information, software, text, displays, images, video, audio, selection, arrangement, and the overall look and feel. Any suggestions, ideas, or feedback you provide also become the sole property of V.ARIA. Any reproduction, modification, revision, enhancement, adaptation, translation, or derivative work of the Platform is owned exclusively by V.ARIA or its licensors, including all intellectual property rights.

You are granted permission to use the Platform solely for personal and non-commercial purposes, provided you comply with these Terms. However, no other rights, titles, or interests in the Platform are transferred to you, and all unexpressed rights are reserved by us or our affiliates.

Certain names, logos, and materials within the Platform may be Trademarks of V.ARIA or its affiliates. You are not authorized to use these Trademarks without express written permission from V.ARIA or its affiliates. Ownership of these Trademarks and associated goodwill remains with us or our affiliates.

15. LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES

You recognize and accept that the Platform and its services are provided on an “as is” and “as available” basis. Your use of the Platform is solely at your own risk. V.ARIA, its affiliates, 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, whether express or implied, regarding the Platform and its services. This includes warranties of merchantability, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing, or speed of delivery. We do not warrant or represent that your use of the Platform or its services will not infringe on the rights of third parties.

To the fullest extent permitted by applicable law, neither V.ARIA nor its Related Persons will be liable for any loss or damage resulting from your reliance on information obtained through the Platform. It is your responsibility to assess the accuracy, completeness, timeliness, reliability, or usefulness of the Platform. Additionally, V.ARIA does not guarantee that the Platform will be uninterrupted or free from error, defect, loss, delay in operation, corruption, cyber attacks, viruses, interference, hacking, malware, or other security intrusions, and V.ARIA disclaims any liability related thereto.

You understand and agree that any content, material, and/or information obtained through the use of the Platform are at your sole risk. You will be solely responsible for any damage to your computer or mobile phone or loss of data resulting from the download of such content, material, and/or information.

16. DISCLAIMER OF WARRANTIES

The Platform may include hyperlinks or references to other websites (“Linked Sites”) operated by third parties. Since these Linked Sites are not under our control, we cannot be held responsible for the information, products, or services described on them, nor for the content of any Linked Site, including any links within a Linked Site or any changes or updates to a Linked Site. We provide these Linked Sites for your convenience only, and the inclusion of any link does not necessarily imply our 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, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with the use of or reliance on information contained in or provided by Linked Sites.

It’s possible that you accessed the Platform through a Linked Site, including one controlled by a parent, subsidiary, or affiliate of V.ARIA. Please note that we are not responsible for the information, products, or services described on those Linked Sites, and only these Terms will apply to your use of or access to the Platform.

17. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law and except as stated in this section, neither V.ARIA nor its Related Persons or licensors will be held liable to you or any party for any claims, liabilities, losses, costs, or damages under any legal or equitable theory. This includes, but is not limited to, tort (including negligence), contract, strict liability, or otherwise. Such damages may encompass indirect, punitive, special, incidental, or consequential damages, such as lost profits, loss of data, loss of goodwill, service interruption, computer or mobile phone damage, system failure, or the cost of substitute products or services. This also applies to 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 Platform or any services provided through the Platform. This holds true even if V.ARIA or Related Persons have been advised of the possibility of such damages or losses.

To the extent permitted by law and subject to this section, the total liability of V.ARIA and its Related Persons for any claims under these Terms shall not exceed fifty US dollars (50.00 USD). Please note that some jurisdictions may not allow limitations of liability or may impose restrictions on our ability to limit our liability to you. Therefore, the aforementioned limitation may not apply to you.

19. MODIFICATIONS TO THE PLATFORM

V.ARIA retains the right, at any time and for any reason, to modify or temporarily or permanently discontinue the Platform, or any part of it, with or without notice. You acknowledge and agree that V.ARIA will not be held liable to you or any third party for any modification, suspension, or discontinuance of the Platform.

To the extent permitted by law and subject to this section, the total liability of V.ARIA and its Related Persons for any claims under these Terms shall not exceed fifty US dollars (50.00 USD). Please be aware that some jurisdictions may not allow limitations of liability or may impose restrictions on our ability to limit our liability to you. As a result, the aforementioned limitation may not apply to you.

20. SUSPENSION AND TERMINATION RIGHTS

The Terms will stay in effect as long as you continue to access or use the Platform. You have the option to terminate the Terms by ceasing to use the Platform. Your permission to use the Platform automatically ends if you violate these Terms.

We reserve the right to terminate or suspend any rights granted by these Terms and your access to our Platform with or without prior notice, at any time, and for any reason. Certain provisions, such as Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, Arbitration, Class Action Waiver, and Miscellaneous, will survive the expiration or termination of these Terms for any reason.

Subject to applicable law, V.ARIA has the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Platform according to its internal record retention and/or content destruction policies. After termination, V.ARIA is not obligated to provide further Services, except as required to provide you access to your health records or continuing care under applicable legal, ethical, and professional obligations.