Carris Health eVisit App Informed Consent and Terms of Use

Description of eVisit:

Carris Health eVisit is a mobile app that allows the user to seek medical care without having a face to face visit with a physician. The user submits answers to a health questionnaire that is sent to the provider. The provider then will go over the assessment and develop a plan of treatment. This plan is then communicated with the patient over the Carris Health eVisit app. The app allows the user to input all of their pertinent health information such as current medications, medical conditions, and pertinent family history. The app also allows users to create a care circle for other individuals that participate in the care of the user.

Agreement:

This Carris Health eVisit mobile app is provided by Carris Health ("Carris," "us," or similar terms) with the assistance of third parties. This document is a legal and binding agreement between Carris Health and "you" (or similar terms) meaning the person using the eVisit app. If you are using the app on behalf of another person, for example if you are helping another person, "you" also means such other person, and this agreement binds both the helper as well as the person being helped. We may update this document at any time and your continued use constitutes your agreement to the updated terms. We encourage you to review this agreement from time to time. We may discontinue providing the app and/or related services at any time, with or without notice.

Nature of eVisit assessment:

An eVisit assessment is not an appropriate substitute for an in-person or over-the-telephone communication or clinical examination. eVisit is not designed, intended or appropriate to address serious, emergency, or life-threatening medical conditions and should not be used in those circumstances. You are responsible for following up on the physician's eVisit communication and for scheduling appointments when warranted.

While the physician will attempt to review and respond in a timely fashion to your eVisit questionnaire, the physician cannot guarantee that all electronic communications will be reviewed and responded to within any specific period of time. You will not use eVisit for medical emergencies or other time-sensitive matters. If your eVisit communication requires or invites a response from a physician and you have not received a response within a reasonable time period, it is your responsibility to follow up with your treating physician to address any health concern.

Scope of eVisit assessment:

You acknowledge that when using Carris Health eVisit you will answer any questions to the best of your ability. If at any point you do not understand a question, you will stop using eVisit and contact your treating physician's office by telephone to address your health concern. You understand that the physician responding to eVisit communications will rely on any information you provide them via eVisit, including, but not limited to, any medications you are currently taking, any medical conditions you currently carry, or pertinent family history.

Potential Benefits of eVisit:

Carris Health eVisit offers a platform by which you may communicate certain health information to a physician without visiting a physical clinic location, providing me an opportunity to receive a medical assessment in a convenient, quick manner.

Potential Risks of eVisit:

A physician providing an eVisit assessment will not have information about you that you have not provided in your answers to the eVisit questionnaire, and accordingly will not be able to address health concerns that are not discussed in the questionnaire.

There are potential risks to mobile app technology, including interruptions, unauthorized access and technical difficulties. The physician may discontinue the eVisit communication if he/she feels that eClinic communications are not adequate to address your health concern.

NO WARRANTIES:

THE Carris Health eVisit APP ITSELF AND ALL CONTENT ON THE APP IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS. ACMC AND ALL THIRD PARTIES ASSISTING US IN PROVIDING THE APP DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACMC MAKES NO REPRESENTATION OR WARRANTY THAT USE OR AVAILABILITY OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS APP OR THE TECHNOLOGY THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

LIMITATION OF LIABILITY:

YOU AGREE THAT NEITHER ACMC, CARRIS HEALTH, ITS AFFILIATES, NOR ANY THIRD PARTY ASSISTING CARRIS HEALTH FOR ANY MATTER RELATED TO THIS APP (COLLECTIVELY, THE "APP-RELATED-PARTIES"), SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE APP. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE APP-RELATED-PARTIES, INCLUDING ALL AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE APP-RELATED-PARTIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE APP-RELATED-PARTIES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE APP OR MATERIALS ARE EXCLUDED EVEN IF THE APP-RELATED-PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS APP AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

Consent and Agreement to Carris Health eVisit Assessment and App:

You have reviewed and understand all of the risks, conditions, and instructions and other terms and conditions described in this Informed Consent and Terms of Use document. You will contact Carris Health at 320-231-5000 to discuss any of your questions about eVisit with your treating practitioner. By clicking "Register" You consent to undergo an eVisit assessment and authorize the Carris Health provider to assess and recommend treatment if necessary; You understand that you may stop using eVisit at any time.

You acknowledge that you are a resident of Minnesota and located within the state of Minnesota at the time of your assessment. The app is directed towards and intended to be used only by individuals located within the state of Minnesota and is not targeted to users in any other state or country, nor is it intended to constitute doing business in any other jurisdiction, nor soliciting business from any other jurisdiction.

Governing Law and Jurisdiction:

This Agreement is entered-into and performed in the state of Minnesota and is governed by and shall be construed in all respects under the laws of Minnesota, excluding its choice of law and/or conflict of law's provisions. In any claim or action directly or indirectly arising under or related to this Agreement and/or the use of the eVisit, you and Carris Health each irrevocably submits and consents to the exclusive personal jurisdiction of the federal and state courts located in Minnesota.

GenieMD Terms of Use and Privacy Policy:

You have agreed to the GenieMD Terms of Use and you understand and agree to the GenieMD Privacy Policy including the use of your information as described in that Privacy Policy.

Carris Health Notice of Privacy Practices:

You may review Carris Health’s Privacy Policy at http://www.acmc.com/privacyPolicy.cfm You may review Carris Health’s HIPAA Notice of Privacy Practices at http://www.acmc.com/noticeOfPrivacyPractices.cfm.

Consent to eVisit Assessment for Minors:

The use of eVisit is limited to users age 18 years and above. Parents or guardians are able to add minors aged 17 and below to the care circle within eVisit. By doing so, the parent/guardian consents to undergo an eVisit assessment for their minor dependent.

Electronic Health Record:

Carris Health eVisit does not directly interact with Carris Health’s Electronic Health Record system. A copy of the assessment will be stored in your medical record at Carris Health following the completion of the eVisit assessment. You acknowledge that your personal health information may be accessed by the physicians that participate in eVisit as needed to provide the best possible treatment and to improve the quality of care.

Payment and Insurance:

You acknowledge that the fee is for the physician to review your answers to the eVisit questionnaire and is due before the information is sent to the physician. The fee does not cover any additional lab work needed or prescriptions. Any additional care required above the initial eVisit assessment will be your responsibility. It is your responsibility to submit claims to your insurance if you wish to do so. Carris Health will not do this on your behalf.

General:

If any provision of this agreement is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the agreement shall remain enforceable. This agreement is in addition to, and not in lieu of, any other agreement or terms between you and Carris Health.

Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of the eVisit app, you agree to inform Carris Health in writing and to give us thirty (30) days to cure the harm before initiating any action. You must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action. All terms of this agreement survive the termination of your use of the app and/or survive expiration or termination of this agreement.