Sherpaa Health, Terms and Conditions of Use

Revised October 30, 2015

If you have, or are having, a medical emergency, YOU SHOULD contact YOUR PHYSICIAN OR LOCAL EMERGENCY NOTIFICATION SYSTEM (9-1-1), or go to your local emergency room.

General: Prior to accessing a Physician Consultation, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to: (i) agree to these Terms and Conditions of Use; (ii) register for the Physician Consultations under your own name; and (iii) use such services in accordance with these Terms and Conditions of Use and abide by the obligations hereunder.

Sherpaa Profile: You agree to: (i) fully, accurately and truthfully create your Sherpaa profile; and (ii) prohibit anyone else from using your Sherpaa profile. You agree to provide accurate, current and complete information about yourself for your Sherpaa profile, and to periodically review and to update such information as needed to keep it accurate, current and complete. You agree to immediately notify Sherpaa of any actual or suspected unauthorized use of your Sherpaa profile or credentials or other security concerns of which you become aware.

Relationship with Provider: You agree that you are entering into an agreement with JP Physician, P.C. (the “PC”) which shall be a provider of professional medical services to you, which means, among other things, you are entering into a physician – patient relationship with the physician associated with the PC that personally performs the Physician Consultation with you.

Role of Sherpaa: You understand and agree that Sherpaa Health is the provider of certain administrative services to the PC and does not provide professional medical services itself.

Privacy Notice: You agree to PC’s Privacy Notice, the terms of which are incorporated herein by reference.

Prescriptions: You agree that physicians associated with the PC may not prescribe the following drugs:

— Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III)
— Prescriptions for medications that are restricted by states.
— Prescriptions for medications for psychiatric illnesses.

Confirmation of Information: It is your responsibility to confirm any third party information for yourself, or information regarding a minor child of whom you are a parent or legal guardian.

Medical Records: You agree to the entry of your medical records into the PC’s computer database and understand that reasonable measures have been taken to safeguard your medical information, but no computer or phone system is totally secure. The PC recognizes your privacy and, in accordance with P.C.’s Privacy Notice, will not release information to anyone without your written authorization or as required or permitted by law.

Communications: You understand and agree Physician Consultations involve the communication of your medical information, both via text or orally, to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction.

Risks: You understand that there are risks from Physician Consultations, including, but not limited to, the following: 1) loss of records from failure of electronic equipment; 2) power failures with loss of communication; and 3) invasion of electronic records by outsiders (hackers). Finally, you understand that it is impossible to list every possible risk.

Rights: You understand that you have all the following rights with respect to Physician Consultations:

— Free Choice. You have the right to withhold or withdraw your consent to Physician Consultations at any time without affecting your right to future care or treatment.
— Access to Information. You have the right to request a copy of all medical information transmitted during a Physician Consultation, which is described in more detail in the P.C.’s Privacy Notice.
— Confidentiality. You understand that the laws that protect the confidentiality of medical information apply to Physician Consultations, and that no information or images from such interaction which identify you will be disclosed to other entities without your consent, unless otherwise permitted by law.
— Consequences. You understand that, by having your consent to Physician Consultations, the physician associated with the PC may communicate medical information concerning you to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction.

External Links: This Website may include links to other sites that are not owned by or under Sherpaa’s control and Sherpaa is not responsible for, and makes no representations, warranties or recommendations with respect to the usefulness, availability or content of any such sources, and you assume all responsibility with respect to the use of such sites and any and all information or services furnished through such sites.

Adverse Technical Events: All information is transmitted over a medium which is beyond our control and jurisdiction. Accordingly, Sherpaa assumes no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Website or sites accessed through this site.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHERPAA BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE WEBSITE OR ENGAGING IN A PHYSICIAN CONSULTATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. SHERPAA IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE USE OF THIS WEBSITE AND/OR ANY MATERIAL LINKED THROUGH THE WEBSITE.

Copyright and Trademarks: All content included on the Website including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the "Content"), in any form including the compilation thereof, are proprietary to Sherpaa and protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by Sherpaa and Content owned or controlled by third parties and licensed to Sherpaa. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without our express written consent. You are authorized only to use the Website for personal use and are not authorized to reproduce, sell or exploit the Website or content of the Website for commercial purposes.

Indemnification: You agree to indemnify and hold harmless Sherpaa and its officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors and others involved in the development or the delivery of products, services or information over the Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions of Use or your use of the Website or any products, services or information obtained from the Website.

Amendment of Terms and Conditions of Use: Sherpaa has the right to amend these Terms and Conditions of Use at any time without notice to you by posting the revised Terms and Conditions of Use on this Website. You agree that you are bound by those changes by continuing to use the Website.

Choice of Law: By using the Website, you agree that the laws of the state of New York without regard to principles of conflict of laws, will govern these Terms of Use and any dispute that might arise between you and Sherpaa. You agree and expressly consent to the exercise of personal jurisdiction in the courts of New York County, New York, in connection with any claim involving the Website.

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