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Membership Terms of Service

Last updated: June 1, 2020

These Membership Terms of Service (the Terms) which includes an agreement to arbitrate and consent to electronic communications, govern your access to and use of the Services provided by SHANNA MD PLLC a/k/a DBA Goals Healthcare (Goals Healthcare “we” or “us”) the Goals Healthcare website located at www.GoalsHealthcare.com, ELATION EMR Inc., Elation Passport application located at https://apps.apple.com/us/app/elation-passport-for-patients/id1264836684 and https://www.app.elationpassport.com/passport/login/?next=/passport/, and PRACTICESUITE located at https://www.practicesuite.com/, and membership services that include personal healthcare navigation services, wellness services, communication services, facilitation of access to Telehealth services, and other technology or Complementary or Alternative Services/Methods of Treatment (AS) provided by Goals Healthcare (collectively, the Services) Please read the Membership Terms of Service carefully before using the Services. By accessing or using the Services you agree to be bound by these Terms. If you are accepting these Terms for another person (Family Member) you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member.

Goals Healthcare works with professional corporations and their affiliated medical services, providers, including virtual care services provided through operational management and Telehealth services; ELATION EMR Inc., Elation Passport, WWW.ELATIONPASSPORT.COM and PracticeSuite (collectively Affiliated Medical Services). Please carefully read the Elation Health Terms of Service located here

https://www.elationhealth.com/passport/terms-of-service/ and the PracticeSuite Terms of Service located here

https://www.practicesuite.com/privacy-policy/. These Affiliated Medical Services Terms govern you and/or your Family Member’s access to and use of the Services offered by Goals Healthcare. If you and/or your Family Member use medical services provided by Goals Healthcare, you understand and agree that you, and your Family Member, are bound by and subject to the Medical Terms of Service. Please read the Medical Terms of Service carefully before using Goals Healthcare’s medical services. Please refer to our Privacy Policy to learn how Goals Healthcare collects, uses, shares and protects your personal information and your Protected Health Information (PHI).

YOU AGREE THAT DISPUTES BETWEEN YOU AND SHANNA MD PLLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION (L) BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN SECTION (L).

A) Updates to the Terms

From time to time we may modify these Terms. We will notify you of material changes by posting the amended terms on our website at least thirty (30) days before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the effective date, you will be bound by the updated Terms.

B) Account Registration and Security

You may use the Services only for your own personal, non-commercial use. If you are registering on behalf of your Family Member, your Family Member may only use the Services for their own personal, non-commercial use. To become a member, you will have to create an account. It is important that you provide us with accurate and complete information for your account, and update as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your account or your personal information.

C) Acknowledgement of Annual Membership Fee

Goals Healthcare charges an Annual Membership Fee (the Annual Membership Fee) for access to certain features of the Services. The Annual Membership Fee may be modified by notice in accordance with these Terms. Some members may have access to the Services through their employers, professional affiliations, partnerships, or other organizations, and as a result, the Annual Membership Fee will not apply to such members. The Annual Membership Fee is for costs associated with tools and personal services that enhance your healthcare experience and further access to Telehealth services, but are not covered by insurance. Membership services include personal services such as insurance and billing navigation, advice on provider selection, specialist booking and referral management, connection to our services team, digital tools for easy access to Goals Healthcare and our services, including Telehealth services, as well as lifestyle, nutrition and wellness offerings.

THE ANNUAL MEMBERSHIP FEE IS NOT A REQUIREMENT TO RECEIVE MEDICAL SERVICES AT GOALS HEALTHCARE.

Options are available for accessing the Goals Healthcare Membership if you are experiencing financial hardships. To learn more about the Annual Membership Fee and these options, contact us at support@GoalsHealthcare.com.

The Annual Membership Fee is not a covered benefit under most health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Annual Membership Fee for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such Annual Membership Fee. Paid members, Goals Healthcare will charge your Annual Membership Fee to your designated billing account. You agree to make the payment using your chosen payment method. If your account is subject to the Annual Membership Fee, you authorize us to charge your chosen payment method the Annual Membership Fee on a monthly basis, beginning at the time of initial payment and each annual renewal, until you cancel. You must cancel your Annual Membership Fee before it renews to avoid being charged the Annual Membership Fee for the following twelve (12)-months. You can cancel your membership at any time by contacting us at support@GoalsHealthcare.com.

IF YOU CANCEL YOUR MEMBERSHIP AND YOUR SUBSCRIPTION TERM HAS NOT EXPIRED, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR THEN-CURRENT MEMBERSHIP TERM AND YOUR MEMBERSHIP WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WON’T BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE ANNUAL MEMBERSHIP FEE PAID FOR THE THEN-CURRENT MEMBERSHIP PERIOD.

If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes if applicable), for example, due to an increase in the Annual Membership Fee, you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by contacting us at support@GoalsHealthcare.com.

D) Free Trials and Other Promotions

ANY FREE TRIAL OR OTHER PROMOTION THAT PROVIDES PAID MEMBER-LEVEL ACCESS TO THE SERVICES MUST BE USED WITHIN THE SPECIFIED TIME OF THE TRIAL. IF YOU WISH TO CANCEL YOUR TRIAL MEMBERSHIP BEFORE THE END OF THE TRIAL PERIOD IN ORDER TO AVOID BEING CHARGED THE APPLICABLE ANNUAL MEMBERSHIP FEE PLEASE CONTACT US WITH YOUR CANCELLATION EMAIL AT SUPPORT@GOALSHEALTHCARE.COM. IF YOU CANCEL PRIOR TO THE END OF THE TRIAL PERIOD AND ARE ACCIDENTALLY CHARGED FOR A MEMBERSHIP, PLEASE CONTACT US WITH YOUR CANCELLATION EMAIL OR NOTICE AND YOUR RECEIPT FOR A REFUND SUPPORT@GOALSHEALTHCARE.COM.

E) Service Use Termination

You may terminate your use of the Services at any time by not using the Services any more and contacting us at support@GoalsHealthcare.com. If you terminate your membership, your membership will remain active until the end of your then-current membership period. We may terminate your use of the Services at any time by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Annual Membership Fee. We are not required to provide you with notice prior to terminating your use of the Services or a reason for such termination. If we terminate your access to the Services other than due to your breach of these Terms or any other agreement you have entered into with us, you may receive a pro rata refund of the Annual Membership Fee at the sole discretion of Goals Healthcare.

F) Use of the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services solely for your personal and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Services. The following is a list of the type of actions that you may not engage in with respect to the Services:

  • You will not use any site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents by robot, spider or by any means in any possible way;
  • You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
  • You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;
  • You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
  • You will not use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
  • You will not use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us;
  • You will not collect or store any personal information, including personally identifiable information, from users without their express permission;
  • You will not provide any inaccurate, incomplete, false or misleading information, including regarding your identity or medical condition, when using the Services;
  • You will not allow any other person to use your account, username or password to access the Services, unless otherwise permitted herein; and
  • You will not assist or permit any person to engage in any of the activities described in this Section.

G) Consent to Electronic Communications

You agree that Goals Healthcare may send the following to you by email or by posting them on our website: legal disclosures; these Terms; Privacy Policy; future changes to any of the foregoing; and other notices, policies, communications or disclosures and information related to the Services. You agree that Goals Healthcare may contact you via email, phone, text, or mail regarding your Goals Healthcare membership or the Services. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you, Family Member and Goals Healthcare. If you do not want to receive future communications electronically, please send an email to support@GoalsHealthcare.com.com or a letter to Goals Healthcare, 6 East 39th Street Suite 200, New York, NY 10016. Your withdrawal of consent will be effective within 30 days after we receive your withdrawal notice described above.

Goals Healthcare will need to send you communications electronically regarding the Services. You will not be able withdraw from receiving these communications, updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by, you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.

H) Intellectual Property Rights

Goals Healthcare and our licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by Goals Healthcare or other respective owners.

I) Disclaimers

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING.

Any material obtained through the use of the Services is accessed at your own risk. You will be solely responsible for any loss of data or damage to your computer while accessing the Services. We make no warranty regarding the accuracy, timeliness, truthfulness, completeness or reliability of any content.

Any general advice or articles that may be posted on the Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.

The Services are intended for use only within the United States and its territories. We make no representation that the Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

J) Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

K) Exclusive Remedy

If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and cancel your membership.

L) Dispute Resolution

Agreement to Arbitrate

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, Disputes) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets or other intellectual property rights (the action described in the foregoing clause (ii), an IP Protection Action).

You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (Arbitration Opt-out Notice) by email at support@GoalsHealthcare.com or by regular mail to Goals Healthcare, 6 East 39th Street Suite 200, New York, NY 10016 within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in the Northern District of California. All other claims will be arbitrated. This Dispute Resolution section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the AAA Rules) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the Limitation of Liability section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimants individual claim. If you prevail in arbitration you will be entitled to an award of attorneys fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys fees and expenses if we prevail in arbitration.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding anything to the contrary in these Terms, if we change this Dispute Resolution section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice (including by email to support@GoalsHealthcare.com) within 30 days of the date such change became effective, as indicated in the Effective Date listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this Dispute Resolution section as of the date you accepted these Terms, or accessed our Services.

M) Links to Third Party Websites

The Services may contain links to other sites that are owned and operated by third parties. We are not responsible for the privacy and services practices or the content, advertising, products, services or other materials made available on or through any such linked sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any kind by us.

N) General Provisions

  • These Terms make up the entire agreement relating to your use of the Services, and supersede all prior agreements relating to the subject matter hereof.
  • These Terms will be governed by the laws of the State of New York.
  • We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
  • These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent. Goals Healthcare may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • We appreciate your feedback, suggestions, and other communications (collectively, Feedback) about the Services. You should know that we can, but are not obligated to, use your Feedback without restriction or any obligation to compensate you, and we have no obligation to keep them confidential.
  • Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination.
  • In order to protect the integrity of the Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Services.

If you have any questions about these Terms, please contact us at support@GoalsHealthcare.com.

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