Terms of Service • Primaverra - Weight Loss Journey




Terms of Service -- Use of the Website and Services



Use of the Website and Services

Welcome to www.joinprimaverra.com. The www.joinprimaverra.com website is comprised of various web pages operated by Primaverra Clinic LLC. ("Primaverra Clinic"). The www.joinprimaverra.com website (the “Site”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). All references to Primaverra, Primaverra Clinic, Primaverra Clinic LLC, PRIMAVERRA CLINIC LLC, “we”, “us”, or “our” refer to Primaverra Clinic LLC. Through the use of our website patients are able to interact with healthcare providers. By using the website, you agree to follow the Terms of Use, the Privacy Policy, and the Consent to Telehealth. If you do not wish to accept our Terms of Use, Privacy Policy, and Consent to Telehealth, YOU MAY NOT USE THIS WEBSITE OR ITS SERVICES.

www.joinprimaverra.com is a telemedicine platform designed to provide weight loss medical services by U.S. licensed medical professionals.

The goal of the Site is to provide a telemedicine platform for communication between patients and healthcare providers.



Not Intended for Emergency Use

Our services are NOT intended for emergency use. IF YOU ARE CONCERNED THAT YOU MAY BE HAVING A MEDICAL EMERGENCY, EITHER DIAL “911” OR VISIT THE NEAREST HOSPITAL EMERGENCY ROOM IMMEDIATELY.



Consent for Treatment

By agreeing to this Terms of Service, you agree that when you see a healthcare provider as a patient on the Site, you are voluntarily seeking medical care and treatment and that you give permission to the healthcare providers on the Site to examine you to the best of their ability, make diagnoses, and provide treatment to you. Additionally, you confirm that you are at least 18 years of age. All patients below 18 years of age must have their legal guardian present during the visit as patients younger than 18 years of age are not allowed to register for the Site or use the Site independently.



Primaverra Clinic is Not a Health Insurance Plan

The Site is a telemedicine platform that allows healthcare providers and patients to communicate with each other via messaging and/or video chat. WE ARE NOT A HEALTH INSURANCE PLAN. We are not a health insurance plan nor any other type of insurance product. We will not pay for, nor reimburse the patient for any of their expenses, medical or otherwise. We will under no circumstances provide “coverage” for any medical care you receive on the Site or anywhere else. It is the patient’s sole responsibility to determine to what extent any outside health insurance they may have will assist them in paying for their laboratory tests and medications.



Termination

Primaverra Clinic may terminate your account and remove your account from the Site at any time for any reason.



Providers

All healthcare providers using the Site must comply with all applicable laws, regulations, and other rules. This means the healthcare provider agrees to comply with all laws, rules, and regulations applicable in the jurisdiction of both the healthcare provider and the patient. All healthcare providers using the Site must exercise the maximum level of caution in regards to safe-guarding the privacy of patients’ medical records.



Content of Website and Application

The contents of the Site are for educational purposes only. With the exception of the content directly communicated to you by the healthcare provider in the private messages or video chat, all the rest of the content of the Site is general information for educational purposes only and should not be interpreted as medical advice.



Telemedicine Risks

By using the services provided by the Site, you acknowledge the risks of using telemedicine. Telemedicine is the practice of medicine where the healthcare provider and the patient are not in the same location. Telemedicine requires an electronic device (i.e. computer or mobile phone) that has a microphone and video camera, along with access to a high quality internet connection. You understand and accept that the ability of the healthcare provider to perform a physical exam is limited in a telemedicine visit compared with an in-person visit. You accept that the healthcare providers using the Site may at any time determine that telemedicine is not the appropriate manner for you to receive medical care and may instruct you to seek medical care in-person instead, sometimes even in the emergency department. Additionally, you understand that your medical records are stored in a digital format. Great care is taken to safeguard the integrity and privacy of the records. Nevertheless, there is always the possibility that a cybersecurity breach could occur.



Intellectual Property Ownership

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Primaverra Clinic that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Primaverra Clinic or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Primaverra Clinic content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Primaverra Clinic and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Primaverra Clinic or our licensors except as expressly authorized by these Terms.



Links and References to Outside Websites

The Site contains embedded YouTube videos as well as links to outside websites, especially in the lifestyle lessons section. These outside websites and materials are completely independent from Primaverra Clinic. We exercise no control whatsoever over the content of outside websites. We do not endorse or accept responsibility for any of the material on these outside websites. Nor do we express that they are endorsing Primaverra Clinic either. These outside website links are purely for educational purposes and we are not responsible for their content. You may use these outside websites at your own risk.



Privacy Policy

The privacy of your medical records is taken extremely seriously by Primaverra Clinic. We go to great lengths through the training of workforce members and technical security measures to ensure the privacy, safety, and integrity of your health information. Please see the Privacy Policy for additional information.



Geographic Availability

Primaverra Clinic's services are not available for use to patients located outside of the United States. Patients agree to always truthfully report the geographic location that they are currently located in while filling out a form on the Site or when asked verbally by the healthcare provider. If you are communicating with the healthcare provider via video chat, you agree to answer truthfully if asked in which state you are located at that moment. (As medical licenses are issued on a state-by-state basis, it is not legal for a healthcare provider to treat you in a state for which they are not licensed.) It is the healthcare provider’s responsibility to ensure at the beginning of the videochat visit that the patient is physically located in that moment in a geographic location where the healthcare provider is legally licensed to practice.



User Accounts and Registration

When you register for the Site, you must enter an email address that belongs to you and select a password. You agree to keep your password confidential and not to share with others. You agree to not allow others to access your user account. You agree to truthfully answer all questions regarding your name, address, date of birth, email address, and phone number. Additionally, you agree to truthfully and completely answer all questions regarding your medical history including diagnosed conditions, medications, allergies, prior surgery, and family history. Primaverra Clinic is not responsible for any damages that occur to you as a result of you releasing your email address and password to any third party.



Consent to Receive Calls, Text Messages, Emails, In-Application Messaging, and Video Chat

By using Primaverra Clinic’s services, you consent to receive communication via phone calls, text messages, emails, messaging within the application, and video chat. You understand that the primary means of communication are in-application messaging and video chat. You understand that you will receive an email notification any time a healthcare provider sends you a private message within the application. You also may receive email reminders regarding upcoming appointments.



Prohibited Uses

By using the services of Primaverra Clinic, you agree not to:

  1. transmit or send via the Site any content or materials that are illegal, harmful, harassing, threatening, unethical, discriminatory, defamatory, deceptive, obscene, fraudulent, untruthful or damaging in any way. You will also refrain from sending unsolicited promotional materials or advertisements of any kind.
  2. attempt any activity that involves reverse engineering, hacking, data mining, web scraping, decrypting, attempting to obtain source code, obtaining the private information of other users, gaining unauthorized access, or bypassing security.
  3. attempt any activity designed to overload the infrastructure or deny service to others.
  4. attempt to use our hardware or software to transmit or disseminate any malicious code, virus, hacking software, spyware, or malware.
  5. misrepresent your identity or credentials, or impersonate another identity or entity.
  6. send unsolicited messages, chain letters, or messages that may be considered “spam” or “phising”



Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.



Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Primaverra Clinic agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.



Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PRIMAVERRA CLINIC LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

YOU AGREE THAT THE USE OF THE SITE AND MEDICAL SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SITE AND MEDICAL SERVICES ARE PROVIDED “AS IS” AND THERE IS NO GUARANTEE OF ON-GOING AVAILABILITY. PRIMAVERRA CLINIC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE USE OF PRIMAVERRA CLINIC’S WEBSITE AND ANY LINKED WEBSITES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PRIMAVERRA CLINIC LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRIMAVERRA CLINIC LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.



Indemnification

You agree to indemnify, defend and hold harmless Primaverra Clinic, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Primaverra Clinic reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Primaverra Clinic in asserting any available defenses.



Right to Modify Terms of Services

Primaverra Clinic maintains the right to edit, add, or delete the contents of the Terms of Service as well as the edit, add, or delete the contents of the Privacy Policy and the Consent to Telehealth. Additionally, Primaverra Clinic maintains the right to change the pricing and availability of any products or services offered at any time with no advanced notice.



Contact Us

Primaverra Clinic welcomes your questions or comments regarding the Terms:

Primaverra Clinic LLC

99 Wall Street #267

New York, New York 10005



Email Address:

hello@joinprimaverra.com



Effective as of December 4, 2022

Last Edited: December 4, 2022





Privacy Policy


HIPAA NOTICE OF PRIVACY PRACTICES

As required by the Privacy Regulations Promulgated Pursuant to the

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

This Notice of Privacy Practices describes how your protected health information (PHI) may be used and disclosed to carry out treatment, payment or healthcare operations (TPO) and for other purposes that are permitted or required by law. It also describes your rights to access and control your protected health information. “Protected health information” is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition and related health care services.

Uses and Disclosures of Protected Health Information: Your protected health information may be used and disclosed by our organization, our staff and others outside of our organization that are involved in your care and treatment for the purpose of providing health care services to you (for example, the healthcare providers you interact with on the website), to support the operation of the organization, and any other use required by law.

Treatment: Your protected health information will be used to provide or manage your health care and any related services.

Payment: A bill may be sent to you or a third party payer. The information contained on the bill may include information that identifies you, as well as your diagnoses, procedures and supplies used. In addition, your insurer may be informed about a treatment that you are going to undergo in order to obtain prior approval or to determine if your insurer will cover the treatment.

Your PHI may used or disclosed in the following situations without your authorization: as Required By Law, Public Health issues as required by law, Communicable Diseases, Health Oversight, Abuse or Neglect, Food and Drug Administration requirements, Legal Proceedings, Law Enforcement, Criminal Activity, Inmates, Military Activity, National Security, and Workers’ Compensation. Required Uses and Disclosures: Under the law, we must make disclosures to you and when required by the Secretary of the Department of Health and Human Services to investigate or determine our compliance with the requirements of Section 164.500.

Other Permitted and Required Uses and Disclosures Will Be Made Only with Your Consent, Authorization or Opportunity to Object, unless required by law.

You may revoke this authorization, at any time, in writing, except to the extent that your physician or this organization has taken an action in reliance on the use or disclosure indicated in the authorization.

Your Rights: Following is a statement of your rights with respect to your protected health information.

You have the right to inspect and copy your protected health information. Under federal law, however, you may not inspect or copy the following records; psychotherapy notes; information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding, and protected health information that is subject to law that prohibits access to protected health information.

You have the right to request a restriction of your protected health information. This means you may ask us not to use or disclose any part of your protected health information for the purposes of treatment, payment or healthcare operations. You may also request that any part of your protected health information not be disclosed to family members or friends who may be involved in your care or for notification purposes as described in this Notice of Privacy Practices. Your request must state the specific restriction requested and to whom you want the restriction to apply.

You have the right to request to receive confidential communications by alternative means or at an alternative location.

You may have the right to have our organization amend your protected health information. If we deny your request for amendment, you have the right to file a statement of disagreement with us and we may prepare a rebuttal to your statement and will provide you with a copy of any such rebuttal.

You have the right to receive an accounting of certain disclosures we have made, if any, of your protected health information.

We reserve the right to change the terms of this notice and will inform you by email of any changes. You then have the right to object or withdraw as provided in this notice.

Complaints: You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us. You may file a complaint with us by notifying our privacy contact of your complaint. We will not retaliate against you for filing a complaint.

We are required by law to maintain the privacy of, and provide individuals with, this notice of our legal duties and privacy practices with respect to protected health information, if you have any questions concerning or objections to this form, please contact us using the “Contact” form on our website.

Associated companies with whom we may do business, such as an answering service or delivery service, are given only enough information to provide the necessary service to you. No medical information is provided.

We welcome your comments: Please feel free to contact us if you have any questions about how we protect your privacy. Our goal is always to provide you with the highest quality services.



Additional Privacy Policy Information


Some information is collected automatically when you login to the website including the following:


This information is used to enhance your experience and also for security and auditing purposes. This information is stored in a secure, encrypted database hosted by Amazon Web Services (AWS). It is not shared with anyone outside of Primaverra Clinic LLC.

In addition to this, some information is collected from you or the healthcare providers with whom you interact in online forms. This information can be added upon your initial registration for the Site or at a later time. This includes the following information:

This information is made visible to healthcare providers registered on the website for the purposes of providing medical care. Users on the website who are not healthcare providers have no method of viewing eachother's charts, messaging one another, or interacting with eachother in any way. This is by design.



Cookies Policy


This Cookies Policy explains what Cookies are and how We use them. You should read this policy so You can understand what type of cookies We use, or the information We collect using Cookies and how that information is used.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about You may be linked to the information stored in and obtained from Cookies. For further information on how We use, store and keep your personal data secure, see our Privacy Policy.

We do not store sensitive personal information, such as mailing addresses, account passwords, etc. in the Cookies We use.


Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.


Definitions

For the purposes of this Cookies Policy:


The use of the Cookies

Type of Cookies We Use

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

We use both session and persistent Cookies for the purposes set out below:


Your Choices Regarding Cookies

If You prefer to avoid the use of Cookies on the Site, first You must disable the use of Cookies in your browser and then delete the Cookies saved in your browser associated with the Site. You may use this option for preventing the use of Cookies at any time.

The vast majority of the content and services available on the Site require that the users authenticate, which means enter your email address and password to prove your identity. Without cookies, you will not be able to authenticate. Therefore, you may use the Site with disabled cookies, but will be limited to a few pages that are available without authentication.

If You'd like to delete Cookies or instruct your web browser to delete or refuse Cookies, please visit the help pages of your web browser.

For any other web browser, please visit your web browser's official web pages.


Contact Us

If you have any questions about this Cookies Policy, You can contact us:

Last Edited: December 4, 2022

-- End of Privacy Policy --





Consent to Telehealth



  1. I understand that video conferencing technology will be used to affect any doctor-patient interactions and will not be the same as a direct patient/health care provider visit due to the fact that I will not be in the same room as my health care provider.
  2. I understand there are potential risks to this technology, including interruptions, unauthorized access and technical difficulties. I understand that my healthcare provider or I can discontinue the telemedicine consult/visit if it is felt that the videoconferencing connections are not adequate for the situation.
  3. I understand that my healthcare information may be shared with other individuals for scheduling and billing purposes. Others may also be present during the consultation other than my health care provider and consulting health care provider in order to operate the video equipment. The above mentioned people will all maintain confidentiality of the information obtained. I further understand that I will be informed of their presence in the consultation and thus will have the right to request the following: (1) omit specific details of my medical history/physical examination that are personally sensitive to me; (2) ask non-medical personnel to leave the telemedicine examination room: and or (3) terminate the consultation at any time.
  4. I understand that the alternative to a telemedicine consultation is to seek medical care in-person. I understand that the ability to perform a physical exam is limited in a telemedicine consultation as the healthcare provider is not physically present in the same location.
  5. This telemedicine service is not intended to be used for emergency medical care.
  6. I have read the contents of the Terms of Service, Privacy Policy, and this Consent to Telehealth document and I understand the potential benefits and drawbacks to using this telemedicine service.

Last Edited: December 4, 2022