Changes to these Terms; Electronic Signature Consent to These Terms and Online Agreements
By accessing the Sites and, where prompted, clicking “I agree”, you agree to conduct all transactions by electronic means, and Airrosti and you hereby state that electronic signatures shall have the same force and effect as an original signatures with respect to these Terms and all written agreements entered into between you and Airrosti on the Sites.
Airrosti may offer from time to time certain features on the Sites (including without limitation online account payment, account information, online appointment scheduling, provider search capability, medical history, live chat and certain public forums, including blog posts, message boards, testimonials, videos, social media feeds, and newsletters) (collectively, the “Services”). We reserve the right to withdraw the Sites, or any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sires is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or the entire Sites, to users. The following terms pertain to your ability to use the Services made available by Airrosti on the Sites:
Patient Portal Use. The Patient Portal is an Internet application that enables a patient to have secure web-based access to personal medical information, as released by the treating health care provider, and allows a patient to view past appointment information as well as schedule future appointments. You represent and warrant that you are accessing and viewing portions of your medical information and other available information and data, relating to your receipt of care from Airrosti professionals, contained on the Patient Portal for the following purposes and only to the extent permissible under all applicable laws regarding the privacy of patient information: (i) to communicate securely within the Patient Portal; (ii) to view and update your account, contact and personal information; (iii) create and make payments and review payments made; and (iv) to set up appointment reminders, view clinic visit summaries, clinical guidance, upcoming appointments, previous appointments and educational Materials. All information created, stored, and processed in the Patient Portal may be protected by law.
Access to the Patient Portal is provided by invitation only. Upon receiving an invitation from Airrosti, you will be asked to set up an account, which may include providing information about your injury and medical history, as well as signing certain consent and privacy forms. By your electronic signature on these forms, you represent that you have read and accept the forms, without modification, and agree to abide by any terms set forth therein. Please be aware that use of the Patient Portal, Services, and Sites cannot replace nor is it intended to serve as a health care provider-patient relationship. You must consult with a professional for diagnosis and treatment of your particular health problems.
Payment Online. The Patient Portal allows for online payment on your Airrosti account. This payment feature is provided by a third party vendor and use of this feature is subject to these Terms to the extent the terms set forth in these Terms are not contrary to the forms or other service agreements between you and the third party vendor. All Airrosti-generated electronic medical records are subject to state and federal regulations governing the security and confidentiality of medical records. In order to make payment online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card and email. You are responsible for the accuracy of the information in your account(s) supplied by you to Airrosti. By providing such information to Airrosti by any means (e.g.: email, fax, telephone, mail, etc.), you represent that any information or Materials provided by you shall be accurate, complete, and correct and that you have lawful right to provide such information to Airrosti for use by Airrosti and its authorized vendors. You must be 18 years of age or over. By using the Sites’ payment method, you confirm that you possess the legal authority to enter into the conditions of use for the Sites, including, without limitation, instructing Airrosti or its authorized vendors to collect any payments from a credit or debit card, and to use the Sites in accordance with these Terms. Billing to your credit card or to your account occurs at the time of payment or shortly thereafter. All medical services paid on the Sites are subject to Airrosti’s standard service terms and conditions, which contain certain warranty and liability limitations. You agree that you are responsible for all charges incurred by your use of the Sites and you expressly authorize Airrosti to charge the credit card provided by you or listed on your account for any outstanding fees or costs due to Airrosti.
Posted Content. The Sites may contain interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or Materials on or through the Sites. All such user information or content posted must comply with these Terms. You acknowledge and agree that any information or content posted to Airrosti’s social media pages, including without limitation its blog, testimonials, Facebook page or Twitter account, may be viewed by the general public and will not be treated as private or confidential. You agree that Airrosti may use (or not use, at Airrosti’s sole discretion) any content posted on or through Airrosti’s social media pages or the Sites, including your photograph, in any manner that it deems necessary or appropriate to the extent compliant with applicable law. You authorize Airrosti and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you. By posting such content, including without limitation text, photos, video or audio recordings, on Airrosti’s social media pages or the Sites, you represent and warrant to Airrosti that you own or have the right to use and permit Airrosti to use such content in the manner stated above. If you identify yourself by name or provide a picture or audio or video recording of yourself on Airrosti’s social media pages or one of our public forums on the Sites to the extent compliant with applicable law, you further authorize Airrosti and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish, and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of Airrosti’s operations throughout the world, and any such permission cannot be revoked for any reason. Although Airrosti reserves the right to remove without notice any posting for any reason, Airrosti has no obligation to delete content that you personally may find objectionable or offensive.
Availability of Service. Airrosti reserves the right to establish general practices and limits concerning the Services at any time (and may modify such practices and limits at its sole discretion). YOU AGREE THAT AIRROSTI SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO DELIVER OR STORE ANY INFORMATION, PICTURES, CONTENT OR EMAIL PROVIDED BY OR STORED BY YOU, REGARDLESS OF WHETHER SUCH DELETION OR FAILURE WAS DUE TO THE ESTABLISHED PRACTICES OR LIMITS OF THE SERVICES OR AS A RESULT OF ERROR, INTENTIONAL MISCONDUCT, OR NEGLIGENCE OF AIRROSTI. YOU AGREE THAT AIRROSTI SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICES.
Privacy and Security of Patient Information. All patient information viewed through the Patient Portal is strictly confidential and is subject to the protection of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and certain privacy and security regulations promulgated by the U.S. Department of Health and Human Services to implement certain provisions of HIPAA and the Health Information Technology for Economic and Clinical Health Act, as modified by the Omnibus Final Rule (collectively the “HIPAA Regulations”), as well as other applicable federal and state privacy and security laws and regulations, which regulate and limit the use and disclosure of your protected health information. Airrosti is committed to protecting the privacy and security of protected health information gathered by or through the Sites in conformance with applicable law. Any communication of health care information not communicated through the Patient Portal is not intended to be specific to any particular person’s medical condition or health information request. You represent and warrant that your access to, and use of the Patient Portal, will not: (i) violate any laws; (ii) be defamatory, deceptive, offensive, discriminatory, obscene, or otherwise inappropriate; (iii) consist of “spamming”, sending unsolicited bulk e-mail or other messages, or sending unsolicited advertising; (iv) be threatening or harassing; (v) involve impersonating another person; or (vi) violate the terms and conditions or use of any application, software, or other function made available by Airrosti.
Password Protection. You must have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify Airrosti if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by Airrosti.
Parental Consent. As part of the account activation process, you must certify that you are 18 years of age or older. If you are under the age of 18, then your parent or legal guardian must establish an account for you. In such event, the parent or legal guardian must certify that he or she is at least 18 years old and that he or she is the parent or legal guardian of the child listed on the account. The parent or legal guardian also must provide his or her contact information. By creating an account for you, your parent or legal guardian is agreeing to give you permission to access all of the Sites and the Services. It is the responsibility of the legal guardian or parent to determine whether any of the Sites and the Services and/or information contained on the Sites is appropriate for you and whether you should participate in any feature of the Sites or Services. You should understand that we may disclose any activity under your account to the parent or legal guardian setting up your account.
Services Indemnification. IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS, YOU HEREBY AGREE TO INDEMNIFY AND HOLD AIRROSTI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, JUDGMENTS, AWARDS, LOSSES, COSTS, LIABILITY, FEES OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY AIRROSTI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO YOUR VIOLATION OF THESE TERMS, YOUR USE OF THE SITES, AIRROSTI’S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MISCONDUCT OR NEGLIGENCE, OR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON AIRROSTI’S OWN NEGLIGENCE. IN NO EVENT SHALL AIRROSTI’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.
Acceptable Use Policy for the Services & Sites.
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (v) impersonate any person or entity, including, without limitation, one of Airrosti’s or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (vii) send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; (viii) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm Airrosti or users of the Sites or expose them to liability; (ix) could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites; (x) use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites; or (xi) collect or store personal data about other account users or attempt to gain access to other users’ accounts or otherwise mine information about other users or the Sites.
Restricted Use of the Sites’ Materials
Unless otherwise indicated, Airrosti, its licensors or other providers hold the copyright to all Materials on the Sites, including without limitation, research materials, documents, information, blogs, software, displays, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, videos, audio/visual clips and the design, selection and arrangement thereof (the “Materials”). Additionally, Airrosti owns all of the trademarks, service marks, slogans and logos (collectively, the “Marks”) used and displayed on the Sites, unless otherwise noted. Without the explicit consent of Airrosti, no information or material from the Sites (including, without limitation, the Marks), may be copied, stored, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, use any illustrations, photographs, video or audio sequences or any graphics or commercially exploited in any way. Nothing in these Terms constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty. Nothing in these Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of Airrosti or any third party.
Unless otherwise indicated, Airrosti allows you to view and print information, documents, and web pages located on the Sites for your own personal use but not for any for-profit or commercial activities or purposes or resale. No electronic copies are permitted. If you share the printed Materials with others, you agree to advise any person to whom you share the Materials as to these Terms and they must agree to abide by these Terms. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by Airrosti or its licensors. You acknowledge that the Materials on the Sites are provided “as is” for general information only and without warranties of any kind. The Materials on the Sites are not meant to be used for self-diagnosis or to replace the services of a medical professional. While Airrosti endeavors to keep the Materials on the Sites current, healthcare information changes rapidly and thus, the Materials on the Sites should not be relied upon to be fully comprehensive or error free. Airrosti does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the Materials, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites. The Sites do not offer medical advice or recommendations to individuals and you should not rely on the information posted on the Sites as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs. Airrosti does not advocate that you attempt to treat yourself, your family or someone you know without proper medical supervision. Airrosti encourages you to seek the guidance of your healthcare provider if you feel that you, your family or someone that you know suffers from the conditions described on the Sites.
Links to Social Media Sites
The Sites contain links to other social media accounts and/or webpages hosted by or for Airrosti, which from time to time may include without limitation, Facebook, YouTube, and Twitter. These links are provided for convenience only. Your access to and use of any such social media pages shall be governed by these Terms to the extent they are not contrary to the terms or other service agreements of the social media site operators. You, however, acknowledge that Airrosti has no control over the operations of the social media websites to which this Site may link and YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD HARMLESS AIRROSTI FOR ANY BREACH OF ANY TERMS OR OTHER SERVICE AGREEMENTS OF THE SOCIAL MEDIA SITE OPERATORS BY VIRTUE OF YOUR ACTIONS.
Consumer Review Fairness Act
Term & Termination.
These Terms are effective from the date that you first access the Sites or on the date that you activate your Patient Portal account, whichever is earlier, and continues in effect until terminated in accordance with these Terms.
Airrosti may terminate your access to the Sites or the Services at any time for any reason. Cause for such termination shall include, but not be limited to: (i) breaches or violations of these Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (v) unexpected technical or security issues or problems; (vi) extended periods of inactivity; (vii) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (viii) discontinuance of the Services as a whole; (ix) a statement by you that you no longer agree to these Terms, or a statement by you otherwise requesting termination of your access to the Services; and/or (x) any other reason considered by Airrosti to be in its best interest.
Limitation of Liability
In no event and under no circumstances shall Airrosti or its service providers or any contributors of information to the Sites or our sponsors, licensors or authorized representatives, or the employees, agents, officers or directors of any of the foregoing be liable to you or any third party for any direct, indirect, special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the Services and/or the Sites, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the Services and/or the Sites, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms fail of their essential purpose.
Disclaimer of Warranties
THE SITES (INCLUDING WITHOUT LIMITATION ALL SERVICES AND MATERIALS) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, Trojan horses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITES LINKED THERETO. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the Sites solely at your own risk. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AIRROSTI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE SITES. NO OPINION, ADVICE, OR STATEMENT OF AIRROSTI OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE MATERIALS ON THE SITES AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
THE SITES ARE MANAGED IN THE STATE OF TEXAS, UNITED STATES OF AMERICA. AIRROSTI MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. AIRROSTI MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Notice of Claims of Intellectual Property Violations
Airrosti does not permit the use of content on the Sites that infringes on the copyright, trademarks or rights of publicity of others, and will remove any such content that violates the copyright, trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms. If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide the following information to Airrosti’s Compliance Officer:
Airrosti’s agent for the notice of any claim of infringement of any copyright, trademark or right of publicity is its Vice President of Finance & Administration, who can be reached, as follows:
By email: firstname.lastname@example.org
By mail: Airrosti Rehab Centers, L.L.C.
Attention: Vice President of Finance & Administration
911 Central Park, Suite 300
San Antonio, TX 78232
Please provide all of the information requested above. No specific form is required to provide Airrosti with notifications of possible infringement. However, it will take Airrosti longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice. Also please note that, due to security concerns, attachments may not be accepted. Accordingly, any notification of possible infringement submitted electronically with an attachment may not be received or processed.
Governing Law and Venue
These Terms are governed by the laws of the State of Texas, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Bexar County, Texas.
If any provision of these Terms is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms. Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder. You agree that, if the terms of these Terms are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies. These Terms (and each supplemental agreement referenced in or referencing these Terms found on the Sites) constitutes the entire agreement between you and Airrosti with respect to the Sites and the Services.
If you have any questions regarding these Terms, you may email or write to Airrosti:
By email: email@example.com
By mail: Airrosti Rehab Centers, L.L.C.
Attention: Vice President of Finance & Administration
911 Central Park, Suite 300
San Antonio, Texas 78232
Posted: October 2017