TERMS OF SERVICE

These Medical Terms of Service (these “Medical Terms”) govern your use of the Medical Services, as defined in the terms of service. By accessing or using the Medical Services, you agree to these Medical Terms and understand that this is a legally binding contract between you and the Root Cause Pediatrics’ Practices (as defined below) regarding your access to and use of the Medical Services. Capitalized terms not expressly defined herein are as defined in the Terms of Service. Please note that your use of Root Cause Pediatrics’ digital platform are also subject to the Root Cause Pediatrics’ Terms of Service and Privacy Policy.
 
DO NOT USE THE MEDICAL SERVICES, INCLUDING THE TELEHEALTH SERVICES, FOR EMERGENCY OR LIFE-THREATENING MEDICAL MATTERS. FOR ALL LIFE-THREATENING MATTERS, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
    1. Consent to Treatment and Health Privacy. By using the Medical Services, you consent to treatment, care, diagnosis and the provision of Medical Services by the Providers. You can withdraw consent to treatment at any time by no longer seeking Medical Services from Root Cause Pediatric Practices. Please refer to our Notice of Privacy Practices to learn how Root Cause Pediatrics collect, use, share and protect your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations).
    2. Telehealth Services Consent. You understand that the Medical Services are provided via “telehealth” since the Provider and patient are not in the same physical location. The Medical Services are provided through Root Cause Pediatrics through the CHARM Health or Zoom, which includes, but is not limited to, the use of electronic communications, such as live two-way video and/or audio, synchronous and asynchronous interactions and messaging, and sharing of medical images and medical records. In some circumstances, the Provider may determine that the transmitted information is of inadequate quality, thus requiring a rescheduled appointment. Telehealth may also result in delays in medical evaluation and treatment due to deficiencies or failures of the equipment. In very rare cases, our security protocols could fail, causing a breach of privacy of personal medical information.
    3. Your Financial Responsibility and Assignment of Benefits.
    1. You agree to pay the Root Cause Pediatric Practices all applicable charges for the Medical Services and you hereby authorize Root Cause Pediatrics to charge the payment method you provide (which may be processed by one or more third-party payment processors). The third-party services provider who manages your payment method and the third-party payment processors who process your payment may impose terms and conditions on you, which are independent of these Medical Services Terms, and you agree to comply with all of those terms. By providing your health insurance information, you are hereby authorizing us to submit claims for all eligible and covered Medical Services to your health insurer or health plan. You similarly are authorizing all payments, rights and claims for reimbursement of claims, costs and expenses allowable for the Medical Services from your health insurer to us. You permit, authorize and consent to our releasing any medical information, including those related to Medical Services rendered or diagnoses made, to process claims to your health insurer or health plan.
    2. You understand and agree that any outstanding balance for Medical Services rendered by the Root Cause Pediatric Practices and/or Providers that are not covered by your insurance is your financial responsibility, and that our submission of a claim to your health insurer or health plan is not a waiver of our rights to seek payment from you.
    3. You understand and agree that if you do not show for your appointment or you cancel your appointment with less than 24 hours’ notice, we may charge you a fee for a missed/late cancelled appointment.
  1. Updates to the Medical Terms and Consent to Electronic Communications.
  • We may, from time to time, change these Medical Terms. Please check these Medical Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Medical Terms in order to continue to access and use the Medical Services. If you do not agree to the modified Medical Terms, then you should discontinue your use of the Medical Services. Except as expressly permitted in this Section 4.1, these Medical Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Medical Terms. 
    1. By using the Medical Services, you agree that you may receive the following by email or by a message from a team member Root Cause Pediatric Practices: legal disclosures; these Medical Services Terms; Notice of HIPAA Privacy Practices; future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Medical Services.
  1. Term and Termination
  • Term. These Medical Terms are effective beginning when you accept the Medical Terms or first access or use the Medical Services and end when terminated as described in Section 5.2 (Termination).
    1. Termination. If you violate any provision of these Medical Terms, then the Root Cause Pediatrics Practice may terminate these Medical Terms in our sole discretion. In addition, the Root Cause Pediatrics  Practice may, in our sole discretion, terminate these Medical Terms, or suspend or terminate your access to the Medical Services, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. If we terminate your use of the Medical Services, we may also notify your insurer, if any. You may terminate these Medical Terms at any time by contacting our team at rootcausepediatrics@hotmail.com.
    2. Effect of Termination. Upon termination of these Medical Terms: (a) you will no longer be authorized to access or use the Medical Services; (b) you must pay the Root Case Pediatrics Practice any unpaid amount that was due prior to termination; and (c) all payment obligations accrued prior to termination and Sections 5.3 (Effect of Termination), 6 (Disclaimers), 7 (Limitation of Liability), and 8 (Miscellaneous) will survive. 
  1. Disclaimers‍
  • THE MEDICAL SERVICES MAY INVOLVE SENSITIVE AND DIFFICULT DISCUSSIONS. IF AT ANY POINT YOU EXPERIENCE SIGNIFICANT DISTRESS OR HAVE THOUGHTS OF HARMING YOURSELF OR OTHERS, YOU AGREE TO NOTIFY YOUR PROVIDER SO THAT AN APPROPRIATE LEVEL OF SUPPORT CAN BE PROVIDED.
  • THE MEDICAL SERVICES ARE INTENDED FOR USE ONLY WITHIN THE STATES THAT THE AYBLE PRACTICES SERVE. THE AYBLE PRACTICES MAKE NO REPRESENTATION THAT THE MEDICAL SERVICES ARE APPROPRIATE ELSEWHERE, AND ANYONE WHO CHOOSES TO ACCESS OR USE THE MEDICAL SERVICES FROM OUTSIDE OF THE SERVICE STATES DOES SO SOLELY AT THEIR OWN RISK AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. 
      1. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 6 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Root Cause Pediatrics Practice does not disclaim any warranty or other right that the Root Cause Pediatric Practices and are prohibited from disclaiming under applicable law.
    • Limitation of Liability
      1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE ROOT CAUSE PEDIATRIC’S PRACTICE OR PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE MEDICAL SERVICES OR ANY MATERIALS OR CONTENT ON THE MEDICAL SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY THE AYBLE PRACTICES ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
      2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE ROOT CAUSE PEDIATRICS PRACTICE TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE MEDICAL SERVICES OR OTHERWISE UNDER THESE MEDICAL TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE DIRECTLY PAID TO THE AYBLE PRACTICES AND THE PROVIDERS FOR ACCESS TO AND USE OF THE MEDICAL SERVICES IN THE 6 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US$100.
  • EACH PROVISION OF THESE MEDICAL TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE MEDICAL TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE MEDICAL TERMS. THE LIMITATIONS IN THIS SECTION 7 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
      1. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 7 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Root Cause Pediatric Practices do not disclaim any warranty or other right that the Root Cause Pediatric Practices are prohibited from disclaiming under applicable law.‍
    • ‍Miscellaneous
      1. General Terms. These Medical Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Medical Terms, are the entire and exclusive understanding and agreement between you and the Root Cause Pediatric Practices regarding your use of the Medical Services. You may not assign or transfer these Medical Terms or your rights under these Medical Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Medical Terms and all rights granted under these Medical Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Medical Terms, or any provision of these Medical Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Medical Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Medical Terms the use of the word “including” means “including but not limited to.” If any part of these Medical Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.‍
      2. Governing Law. These Medical Terms are governed by the laws of the Commonwealth of Delaware without regard to conflict of law principles. You and the Root Cause PediatricPractices submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Ada County, ID, for resolution of any lawsuit or court proceeding permitted under these Medical Terms.‍
      3. Privacy Policy. Please read the Root Cause Pediatrics Health Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information in connection with the Medical Services. The Root Cause Pediatrics Health Privacy Policy is incorporated by this reference into, and made a part of, these Medical Terms.‍
  • Additional Terms. Your use of the Medical Services is subject to all additional terms, policies, rules, or guidelines applicable to the Medical Services or certain features of the Medical Services that we may post on or link to from the Medical Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Medical Terms.‍
      1. No Third Party Beneficiaries. These Medical Terms are for the sole benefit of the parties hereto and, in the case of the Root Cause Pediatrics Practices, their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Medical Terms.‍
  • Consent to Electronic Communications. By using the Medical Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.‍

 

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