INCLUDED HEALTH, INC. – WAIVER AND GENERAL RELEASE FOR USE OF THIRD-PARTY CLINICAL DEVICE KITS
BY USING SERVICES PROVIDED BY INCLUDED HEALTH ON BEHALF OF ITSELF AND/OR ITS AFFILIATED HEALTHCARE PROFESSIONALS, YOU AGREE AND CONSENT TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS WAIVER AND RELEASE.
THIRD-PARTY CLINICAL DEVICE KITS
Included Health, Inc. (“Included Health”, “Company”, “we”, “us”, or “our”) operates the websites located at includedhealth.com and doctorondemand.com, and other affiliated websites, products, services, and mobile applications, including without limitation the Doctor On Demand webpages and secure applications (collectively, “Sites” or “Platform”, unless otherwise specified).
Our Platform offers online telehealth services (collectively, “Services”, unless otherwise specified) enabling our Members to report their health history and engage independent healthcare professionals (“Healthcare Professionals” or “Provider”) to obtain medical and healthcare services (“Clinical Services”), as well as provide behavioral health coaching from Coaches (“Coaches”) who do not provide professional or clinical services (“Coaching Services”).
In connection with the Services offered by the Healthcare Professionals through the Included Health Platform, your Provider may recommend ordering and use of certain third-party clinical device kits that may be self-administered/used by you, the patient, in order for your provider to obtain additional information regarding your health that may not otherwise be readily available to your provider due to the virtual appointment setting (the “Clinical Device Kits” or “Clinical Device Kit”). These Clinical Device Kits may consist of different types of medical devices. Your provider will determine whether a Clinical Device Kit is advisable or necessary for use in connection with your individual treatment as part of the Services, and if so, which Clinical Device Kit is appropriate for your use depending on your individual treatment needs and based on your Provider’s independent medical judgment.
Any Clinical Device Kits recommended by a Provider in connection with your treatment as part of the Services are manufactured, sold and distributed by third-parties (the “Third-Party Entities”). Included Health does not own, operate or otherwise control any of the Third-Party Entities and is not an agent of or otherwise affiliated in any way with the Third-Party Entities. Included Health is not involved in any way in the creation, design, development, testing, manufacturing, marketing, or distribution of any Clinical Device Kits made available through the Included Health Platform, or recommended by any Provider as part of the Services.
Included Health does not make and is not responsible for any recommendations made to you by any of the Healthcare Professionals through the Included Health Platform with respect to the order, purchase or use of any Clinical Device Kits in connection with your Services-related treatment. Included Health does not make any representations, promises, or guarantees regarding any aspect of the Clinical Device Kits, including but not limited to the quality, safety, efficacy, accuracy or reliability of the Clinical Device Kits and/or any component contained therein or the appropriateness of any Clinical Device Kit with respect to the diagnosis or treatment of any particular patient or medical condition. Included Health does not endorse the Clinical Device Kits or any Third-Party Entities.
ANY CLINICAL DEVICE KIT RECOMMENDED TO YOU THROUGH THE INCLUDED HEALTH PLATFORM OR IN CONNECTION WITH THE SERVICES IS PROVIDED BY THIRD-PARTY ENTITIES AND NOT BY INCLUDED HEALTH. IN NO EVENT SHALL INCLUDED HEALTH BE LIABLE FOR ANY ACT, ERROR OR OMISSION OF ANY THIRD-PARTY ENTITY IN CONNECTION WITH YOUR USE OF ANY CLINICAL DEVICE KITS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE CLINICAL DEVICE KITS DESCRIBED HEREIN IS VOLUNTARY AND SOLELY AT YOUR OWN RISK.
ALL ASPECTS OF ANY CLINICAL DEVICE KITS RECOMMENDED BY YOUR PROVIDER THROUGH THE INCLUDED HEALTH PLATFORM OR IN CONNECTION WITH THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INCLUDED HEALTH DOES NOT MAKE AND EXPRESSLY DISCLAIMS AND EXCLUDES ANY AND ALL REPRESENTATIONS, PROMISES, GUARANTEES OR WARRANTIES WITH RESPECT TO THE CONTENT, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
INCLUDED HEALTH SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM YOUR USE OF THE CLINICAL DEVICE KITS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDED HEALTH HEREBY DISCLAIMS ANY AND ALL LIABILITY, INCLUDING WITHOUT LIMITATION, FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND SPECIAL OR OTHER DAMAGES, LOST OPPORTUNITIES, LOST PROFIT OR ANY OTHER LOSS OR DAMAGES OF ANY KIND, ARISING FROM YOUR USE OF THE CLINICAL DEVICE KITS.
SOME STATES AND LOCALITIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WAIVER AND GENERAL RELEASE OF ALL CLAIMS
In exchange for your access to and use of the Included Health Platform, and receipt of healthcare Services affiliated with or offered through the Platform, you, on behalf of yourself, your heirs, executors and assigns, agree to fully, completely, and absolutely RELEASE AND FOREVER DISCHARGE Included Health, its predecessors, successors, parents, subsidiaries, affiliates, divisions, assigns, principals, stockholders, officers, directors, employees, agents, independent contractors, licensees, promoters, co-promoters, representatives, attorneys, insurers, trusts, and trustees, from any and every claim, demand, and cause of action, known or unknown, at law or equity, against Included Health for or on account of any duty, obligation, representation, act, or omission and for any personal or property injury, emotional distress, mental anguish, loss of benefits, or damages of any type or kind, known or unknown, whether in tort, contract, statutory, or otherwise arising out of your use of the Clinical Device Kits. It is your intent to grant an absolute, full, complete, and unconditional release of Included Health from anything and everything relating to your use of the Clinical Device Kits.
The information provided in this medium is proprietary to Included Health, and Included Health reserves the right to make any changes to this medium, this disclaimer, or any products and services at any time without notice.