Terms of Use

Last revised April 6, 2016
Welcome to Dr. Hoyman Hong’s website. This Terms of Use constitute a binding legal contract between you and the private offices of Dr. Hoyman Hong MD (“Company”) and govern your use of the websites, sites and services provided by Company and on/in which this Terms of Use are posted or referenced (collectively, the “Site”). Your compliance with this Terms of Use is a condition to your accessing or using the accompanying software and Content (as defined below) related to the Site. If you do not agree to be bound by this Terms of Use, Company is not willing to grant you any right to use or access the Site. By clicking the “AGREE” checkbox, you are indicating that you agree to be bound by all of this Terms of Use. Company may, from time to time, change this Terms of Use. When the Terms of Use are changed, Company will notify you in accordance with the below “Electronic Contracting and Notices” section. The most current version of this Terms of Use can be accessed at any time by selecting the Terms of Use link on any screen in the Site.
A. IMPORTANT INFORMATION ABOUT YOUR USE OF THE SITE
DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS. TO GET PROMPT MEDICAL ATTENTION, DO NOT RELY ON ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR IMMEDIATE, URGENT MEDICAL NEEDS. E-MAIL IS NOT DESIGNED TO FACILITATE MEDICAL EMERGENCIES. COMPANY CANNOT GUARANTEE RESPONSE TIMES IF YOU CHOOSE TO USE E-MAIL IN THE EVENT OF A MEDICAL EMERGENCY. If you experience a medical emergency, call 911 immediately. Your interactions with providers through the Site are not intended to take the place of appointments with your regular care providers. Please follow-up with your own primary providers as necessary and before seeking any new treatment. Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be included in the Site. Reliance on any information appearing on the Site, whether provided by Company, its content providers, its clients, visitors to the Site or others, is solely at your own risk.
B. ACCOUNT REGISTRATION AND SECURITY
You understand that you need to create an account to have access to all of the parts of the Site. In consideration of your use of the Site, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration page (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
Any personal information you provide us through the Site will be stored in a secure manner. We will endeavor to implement a variety of commercially standard encryption and security technologies and procedures to protect your personal information stored in our computer systems from unauthorized access. We also maintain standard physical and electronic procedural safeguards that limit access to your personal information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personal information, including PHI (as defined below).
Access to the Site is enabled only by usernames and passwords. You should maintain your username and password in strict confidence. In no event should you share your username or password with any third party or allow another person to access the Site using your username and password. Please notify us if you have any reason to believe that your username or password has been lost or compromised or misused in any way. You are fully and solely responsible for any and all use of the Site using your username and password. We reserve the right to revoke or deactivate your username and password at any time.
C. MINORS
You acknowledge that the Site is not for use by children under the age of 18. You represent and warrant that you are at least 18 years of age.
D. ACCEPTABLE USE
You agree not to access or use the Site in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes Company’s policies. If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or the Site (“Submissions”), you agree not to provide any Submissions that include (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. Company shall have a royalty-free, irrevocable, transferable right and license to use the Submissions however Company desires, including, without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works therefrom and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. Company is and shall be under no obligation to (i) maintain any Submissions in confidence; (ii) to pay you any compensation for Submissions; or (iii) to respond to any Submissions. For the avoidance of doubt, any PHI provided by you pursuant to your use of the Site is and shall not be considered a Submission.
You shall not attempt to disrupt the operation of the Site through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Site in any manner that could damage, disable or impair Company’s services or networks. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Site for any purpose. Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
E. OPERATION AND RECORD RETENTION
Company reserves complete and sole discretion with respect to the operation of the Site. Company may, among other things withdraw, suspend or discontinue any functionality or feature of the Site. Company is responsible for maintaining data arising from use of the Site in accordance with this Terms of Use. Company reserves the right to maintain, delete or destroy all data pursuant to its internal record retention and/or destruction policies.
F. LINKS
Areas of the Site may contain links to other web sites. Please note that when you click on any of these links, you are entering another web site for which we have no responsibility or control. We encourage you to read the terms and conditions, data-gathering practices and privacy policies of all linked sites as they may materially differ from ours. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this site. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses and other destructive items.
The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked site or any medical or other information contained therein.
G. INTELLECTUAL PROPERTY
All of the content available on or through the Site, including without limitation the files, documents, text, photographs, images, audio and software, and any materials accessed through or made available for use or download through the Site (collectively, “Content”) is the property of Company or our licensors, suppliers or providers and is protected by copyright, trademark, patent, trade secret and other intellectual property law. We give you (a) a personal, limited, revocable, non-transferable and non-exclusive right and license to use the Content available on the Site solely insofar as it may facilitate your access and use of the Site, and (b) permission to display, download, store and print the Content contained on the Site only for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Site. Any copy made of information obtained through the Site must include the copyright notice. ALTHOUGH THE HEALTH INFORMATION CONTENT PROVIDED ON THE SITE IS REVIEWED AND APPROVED BY HEALTHCARE PROFESSIONALS, COMPANY DOES NOT GUARANTEE THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY INFORMATION AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
All Company trade and service names are trademarks of Company or its affiliates. All other brands and names are the property of their respective owners. Nothing contained in the Site should be construed as granting any license or right to use any trademark displayed on the Site without the express written permission of Company or such third-party that may own the trademark.
The license granted herein does not permit you, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Site or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Site; (b) transfer, distribute, sell, lease, rent, disclose or provide access to the Site to any third party; or (c) frame or utilize framing techniques to enclose, or deep link to, any name, trademark, service marks, logo, Content or other proprietary information of Company.
H. DISCLAIMERS
ACCESS TO THE SITE AND THE INFORMATION CONTAINED ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE SITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES COMPANY MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, TIMELINESS, RELIABILITY, SUITABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE OR ANY OF THE INFORMATION CONTAINED THEREON. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO COMPANY AND THE SITE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SITE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET.
THE ABOVE DISCLAIMER IS MADE SOLELY WITH RESPECT TO THE SITE AND THE CONTENT MADE AVAILABLE THEREON. THE ABOVE DISCLAIMER DOES NOT PURPORT TO DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR MEDICAL ADVICE DISPENSED BY ANY PARTICULAR HEALTH CARE PROVIDER TO YOU.
I. LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ANY OF ITS LICENSORS, SUPPLIERS OR PROVIDERS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES.
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS LICENSORS, SUPPLIERS OR PROVIDERS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY RELEASE AND HOLD COMPANY AND ITS LICENSORS AND SUPPLIERS AND PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
J. GEOGRAPHIC RESTRICTIONS
The Site is designed for and intended for users in the United States. You certify that you are a resident of the United States, and you agree to interact with a physician or non-physician practitioner through the Site only while you are present in the United States. You acknowledge that your ability to access services through the Site is conditional upon the truthfulness of the certifications you make at the time of accessing a provider, and that the practitioners are relying upon this certification in order to interact with you.
Company makes no representation that the information and services provided on the Site are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site from territories where the content is illegal is prohibited. If you choose to access the site from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
K. TERMINATION
Company may suspend or terminate your access to the Site at any time, for any reason or for no reason at all. Company has the right (but not the obligation) to refuse to provide access to the Site to any person, agency or organization, or to prohibit any person, agency or organization from using the Site, at any time, for any reason or for no reason at all, in our sole discretion.
L. INDEMNIFICATION
Without limiting the generality or effect of other provisions of this Terms of Use, as a condition of use, you agree to indemnify, hold harmless, and defend Company and its licensors, suppliers and providers and their respective parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (a) your use of the Site; (b) your failure to comply with any applicable laws and regulations; and (c) your breach of any of your obligations set forth in this Terms of Use. You shall not settle any such claim without the written consent of the applicable Indemnified Party.
M. ELECTRONIC CONTRACTING AND NOTICES
You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the services (collectively, “Notices”). We can send you electronic Notices (a) to the e-mail address that you provided to us during registration, or (b) by posting the Notice on the Site or otherwise through the site. The delivery of any Notice from us is effective when sent or posted by us, regardless of whether you read the Notice when you receive it or when posted or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the Site.
N. MISCELLANEOUS
This Terms of Use shall be governed by the laws of the State of California without regard to the rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Terms of Use. You hereby consent to the exclusive jurisdiction of the courts of the State of California for the resolution of any dispute based upon or relating to this Terms of Use. This Terms of Use constitutes the sole agreement between you and Company relating to your use and our provision of the Site and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Terms of Use shall bind either you or Company. Any of the terms of this Terms of Use which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Terms of Use or affecting the validity or enforceability of the Terms of Use as a whole. Failure to insist on performance of any of the terms of the Terms of Use will not operate as a waiver of any subsequent default. No waiver by Company of any right under this Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part and any attempted assignment in contravention of this provision shall be void. This Terms of Use shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns.
A printed version of this Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
O. BINDING ARBITRATION
This Terms of Use require that all disputes between you and Company will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under this Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action.
P. AUTHORIZATION FOR HEALTHCARE TECHNOLOGY
By clicking the “AGREE” checkbox, you authorize Company to provide medical treatment to you and you indicate that you understand the following regarding the Site:

You understand that you will receive information through the Site’s software platform that allows you to participate in live visits with healthcare providers via video, secure text chat, phone and mobile devices. The expected benefits of telemedicine encounters include improved access to medical care and more efficient medical evaluation and management.
The practitioner you may see is licensed in your state, and has the necessary skill, training and education to provide medical care.

As with any medical procedure, there are potential risks associated with the use of the Site. The possible risks include: (a) in rare cases, information transmitted may not be sufficient (e.g. poor resolution of images, inaccurate identification of patient location) to allow for appropriate medical decision making by the practitioner; (b) delays in medical evaluation and treatment could occur due to deficiencies or failures of the equipment; (c) in rare circumstances, without full disclosure from you, the lack of access to your complete medical record may impact analysis of your medical condition; and (d) in very rare instances, security protocols could fail, causing a breach of privacy of personal medical information or medical history.

By clicking the “AGREE” checkbox, you also indicate that you accept financial responsibility for any treatment provided on the Site. You are solely responsible for all charges incurred by using the Site, including your in-person visits with a physician. If you need financial assistance or wish to establish a payment plan you can contact a Company financial representative. Should this account be assigned to an attorney or collection agency you will be obligated to pay associated costs.

If you are referred for additional services, the health care provider treating you may be an independent contractor not employed by Company. You understand that Company may make inquiries regarding insurance coverage and your financial responsibility from third party payers or financial references. In addition, you approve these payers and/or references to release information to Company.

Q. E-COMMERCE POLICIES

Company reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Company’s sole discretion. For your convenience, you will not be charged until your payment method is authorized and the order information is verified for accuracy. Some situations that may result in your order being canceled include limitations on available appointment times for booking, inaccuracies or errors in pricing information, or problems identified by our credit and fraud avoidance department. Company may also require additional verifications or information before accepting any order. Company will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, Company will issue a credit to your credit card (or other applicable payment account) in the amount of the charge/

You can purchase services on the Site. Company accepts credit cards and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, Company may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while Company verifies your new payment information. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

REFUND POLICY. There are no refunds for services once you have purchased such services on the Site.

DELIVERY METHOD. Your services will be provided online after your payment transaction is completed. All services are provided solely through the Site.

PRIVACY POLICY. See Section (R) below for information regarding Company’s Notice of Privacy Practices and Privacy Policy.

PRICES. Prices are set forth on [describe where prices are provided.]

R. PRIVACY PRACTICES AND POLICY

Please read the full text of our Notice of Privacy Practices and Privacy Policy to understand how any PHI that you submit via the Site will be treated.