Welcome to Acadian Health, Inc. the mobile and web app telehealth services. Acadian Health provides online healthrelated services by arranging for mobile device medical consultations and secure web-based consultations with alicensed provider, arranging for electronic medical record of the consultation providing some providers on-line healthrelated information, arranging for a prescription service by the physician. As used in these Terms and Conditions,references to Acadian Health means Acadian Health Inc. its parent, subsidiaries and affiliated entities. As used in these Terms and Conditions "You" or "your" means you, your dependent(s), if any, and any other person accessing your Acadian Health account. These Terms and Conditions apply to your use of the software service include Acadian Health facilitating by a user, or a member, to access License providers (MD/DO, NP/PA) that agree to consult with patients. Access to these healthcare providers is through affiliates of Acadian Health, that provides communications access to Physicians, "PA,NP Licensed in various states which may or may not include your current physical state. Acadian Health as an entity does not provide medical care, it merely facilitates the process.
Acadian Health hereby grants you a limited, revocable, non-transferable license limited solely to viewing or downloading a single copy of the material on the Site and to use the Acadian Health software to the extent necessary to use Acadian Health Services solely for your personal use. With the exception of your Electronic Medical Records, Acadian Health retains all right, title and interest in, and to Acadian Health, the Services and any Information, products, documentation, software or other materials on the web app/software. Acadian Health retains all right, title and interest in, any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the web app licensed by Acadian Health, and in that case, the license provider retains all right, title and interest therein. The information available through the Site and the Services is the property of Acadian Health, or if licensed by Acadian Health, the license provider. By accepting these terms and conditions, You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Acadian Health's trademarks, service marks and logos is strictly prohibited without the prior written permission of Acadian Health. The immediately foregoing also applies to any third party trademarks, service marks and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the web app or mobile software without the written grant thereof by Acadian Health or the third party owner of such trademarks, service marks and logos. The web app may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.
Acadian Health may provide notice to you via the e-mail address you provided during registration, by a general notice on the software/web app, or by mail. You may give notice to Acadian Health at any time by letter delivered Acadian Health Member Support, at 388 Bullsboro Dr, Suite 354, Newnan, Georgia 30263. Specific questions and comments should be directed to the appropriate department via our "Contact Us" page.
You represent that you are over 18 and you agree to the terms and conditions OR you are at least 13 years of age and have the permission of your parent(s)' or legal guardian(s)' permission to access and use this service to register, enroll for the Services, and/or to use the Services offered at Acadian Health. Some Services, including, without limitation, access to an Acadian Health Doctor's consultation, are not intended to be used by, and are not directed to, anyone less than 18 years of age without an adult or parent present. If you register for, enroll for, purchase and/or use Acadian Health services for an entity, you represent that if you are acting on behalf of that entity, you have the authority to bind such entity.
You also represent that you are not a person barred from enrolling for, and/or receiving, Services under the laws of the United States or other applicable jurisdictions in which you may be located. In the event of such access outside the U.S and/or use, you agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that Acadian Health makes no representation or warranty that we, any of the Services, or any information on the Site or transmitted via a Service is lawful in any jurisdiction outside the United States.
To register on Acadian Health Inc., to subscribe to Acadian Health Services and to use the Services, you agree: (i) to comply with these Terms and Conditions, (ii) acknowledge the Privacy Policy of Acadian Health as posted on the Acadian Health web app/software, (iii) to fully, accurately and truthfully complete the registration profile, using valid information that includes, but is not limited to, your name, mailing address, phone number and email address ("Personal Contact Information", PID), (iv) to fully and accurately complete any and all other items requested or required when you use the software services (v) to set your Internet browser to accept "cookies" from the webapp, and (vi) that by registering on the webapp/software, subscribing or using the Site or the Services you are agreeing to opt-in to the receipt of communications from Acadian Health. If you do not wish to receive such communications, you may opt-out at any time.
You agree not to: (i) access the webapp/software or use the Services in an unlawful way or for any unlawful purpose, (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or contains or promotes any virus, hacks, misrepresentation, reverse engineer, alter, defraud, impersonates or misrepresents your identity or falsely states or misrepresents your affiliation with a person or entity. You agree that any Information you provide or use on the webapp/software, and your use of the webapp/software or the Services, will not infringe on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. Acadian Health may deletes any information that violates its term and conditions.
You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and to immediately notify Acadian Health in writing of any unauthorized use of your password or other security concerns of which you become aware.
Acadian Health creates an Electronic Medical Record ("Electronic Medical Record") specifically for you to store and access your personal health information online, including health conditions, allergies and medications, as well as for providing a licensed physician who uses Acadian Health to facilitate the conduct of a consultation with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your medical record(s). Your Information becomes part of the Acadian Health Electronic Medical Record established specifically for you, and is subject to applicable state and federal law. You agree to provide accurate and complete information for your Electronic Medical Record, to periodically review such information, and to update information that you provide as needed, which might include allergies, medical conditions, and other specific elements. For additional information regarding use of your Electronic Medical Record, please see the Privacy Notice posted on the webapp/software.
Acadian Health reserves complete and sole discretion with respect to the operation of the webapp/software and the Services. Acadian Health may, among other things, withdraw, suspend or discontinue any functionality or feature of the software or the Services. Acadian Health is not responsible for transmission errors or corruption or compromise of Information carried over local or interchange telecommunication carriers. Acadian Health is not responsible for maintaining Information arising from an individual’s use of the Site or in respect of the Services. Acadian Health reserves the right to maintain, delete or destroy all communications and Information posted or uploaded to the Services pursuant to its internal record retention, archiving, and/or destruction policies. Notwithstanding the foregoing, Acadian Health archives all Personal Information, and Electronic Medical Records, associated with usage of Acadian Health site and Acadian Health services for three(3) years.
Acadian Health may contact you by telephone, mail or email to verify your Personal Contact Information. Acadian Health reserves the right to request further information from you and you agree to provide such further information, to ensure you have not fraudulently completed your registration on the webapp/software or subscription to the Services. If you do not provide this information to Acadian Health within 3 business days may reject your registration and subscription or suspend your registration and subscription until you satisfactorily comply with Acadian Health's information request.
You agree to timely (or immediately, if required) pay Acadian Health all amounts due and owing pursuant to the plan for the Services to which you subscribe and for all other fees that may be charged in connection with your use of the Services or upon registration. You may be asked to provide a valid credit card number to make a payment or recurring payments.
Please review the Privacy Notice to see what measures Acadian Health takes to enhance the security of your payment and purchase experience on the webapp and software
You may upgrade or downgrade the level of the Services to which you are subscribing at any time by following the instructions on the Site. The upgrade or downgrade shall take effect no later than the date of your next full billing cycle; provided that, Acadian Health is in receipt of a valid credit card number. Refunds
Acadian Health does not provide any refunds. If provider fail to become available for a connection, a reschedule appointment date and time will be provided to you as early as possible in a time that is suitable for you.
Your Payment Obligation. If your subscription is being paid for by a third party and that third party ceases to, or at any time is no longer obligated to, pay for your subscription or any other of your fees, you may continue your subscription to the Services; If you consent and arrange with Acadian Health to pay Acadian Health directly for the Services, adhering to the terms and conditions thereto. Acadian Health may terminate your subscription and access to the Services unless or until you make such payment arrangements and commence payments. If your account is no longer active, you may register as a new user.
Please be aware that you are eligible to receive prescription medications sent to your pharmacy after a visit with a provider utilizing Acadian Health services only where you have accurately and fully completed the Medical History Assessment and have a phone visit in accordance with th state law from governing the use; your origin state. If the eprescribing system is down, a backup method for providing prescription will be provided or administration shall resent the prescription to the pharmacy or the provider shall call it in. Subscribers may be able to request medications during the telephone medical consultation and the consulting physician may prescribe certain medications for common conditions, if conditions warrant, if appropriate and/or legal. Medications can be called into a local pharmacy or delivered from the mail order pharmacy network. NOTE: No controlled medications are available through participating physicians. You agree that any prescriptions that you acquire from a physician shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
Acadian Health may provide links to third party sites. Further, if you click on a banner advertisement that appears on one of the pages of the Site, you may be transported to a third party's Web site and away from this Site. These Terms and Conditions and the Acadian Health Privacy Notice apply to your relationship with Acadian Health only and do not describe the terms and conditions, privacy policies or other policies of third parties with regard to (but without limitation) the collection, use and disclosure of personally identifiable information and personally identifiable health information. Acadian Health is not responsible for the terms and conditions, privacy practices, accuracy, copyright compliance, legality, decency or any of the Information, products, services or any transmissions received by or through third parties.
Acadian Health may, at any time and from time to time, in its sole discretion, change these Terms and Conditions. Any changes to these Terms and Conditions will be effective immediately upon posting of the changed Terms and Conditions on the Site. You agree to review these Terms and Conditions periodically, and your use of the Site following any such change constitutes your agreement to follow and be bound by such changed Terms and Conditions.
These Terms and Conditions shall commence upon the date you first access the Site. Either you or Acadian Health may terminate these Terms and Conditions and your right to use the Services at any time in writing, with or without cause. These Terms and Conditions and the licenses granted hereunder shall terminate without notice in the event you fail to comply with the terms and conditions of these Terms and Conditions, as revised from time to time. Upon any termination, you shall destroy all copies of Acadian Health Information in your possession and cease any access to or use of the Services.
These Terms and Conditions shall commence upon the date you first access the Site. Either you or Acadian Health may terminate these Terms and Conditions and your right to use the Services at any time in writing, with or without cause. These Terms and Conditions and the licenses granted hereunder shall terminate without notice in the event you fail to comply with the terms and conditions of these Terms and Conditions, as revised from time to time. Upon any termination, you shall destroy all copies of Acadian Health Information in your possession and cease any access to or use of the Services.
You agree to waive, to the fullest extent permitted by law, all laws that may limit the efficacy of such indemnifications or releases.
Acadian Health shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond its reasonable control.
Nothing herein or in the Privacy Notice is intended to confer any rights or remedies under or by reason of these Terms and Conditions or the Privacy Notice on any persons other than you, Acadian Health and its Affiliates. Nothing in these Terms and Conditions and the Privacy Notice is intended to relieve or discharge the obligation or liability of any third persons to any of you, Acadian Health or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, Acadian Health or its Affiliates.
By accepting these Terms and Conditions, you consent to the collection, use and disclosure of your personally identifiable information and personally identifiable health information provided to us as outlined in the Privacy.
These Terms and Conditions and the Privacy Notice constitute the sole and only agreement of you and Acadian Health and supersede any prior understandings or written or oral agreements between you and Acadian Health with respect to their subject matter and constitute a complete and exclusive statement of the terms of the agreement between you and Acadian Health with respect to their subject matter.
If any civil action or other legal proceeding is brought for the enforcement of any of these Terms and Conditions or the Privacy Notice or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms and Conditions or the Privacy Notice, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys’ fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).
The parties hereto hereby waive trial by jury in any litigation, suit or proceeding, in any court with respect to, in conjunction with, or arising out of these terms and conditions or the privacy notice or the validity, protection, interpretation, collection or enforcement thereof, and/or performance of any of the obligations or services.