KNOWNOW LLC PLATFORM TERMS OF USE
Privacy Policy and Informed Consent for Telemedicine
Effective: January 1st, 2020
These terms and conditions of use (“Terms of Use”) are between you, a user of any portion of the Platform (“you” or “your”) and KnowNow, LLC (“KnowNow”, “our”, “we”, or “us”). These Terms of Use govern your interaction with our online interfaces and properties, which may include (i) our mobile application (“App”); (ii)
our website located at https://knownowhealth.com/ (the “Website”) and a
Registered User-only website available through the Website (“Portal”)
(collectively, the “Platform”). “Registered Users” are eligible individuals who have
completed the registration process for Portal access. Your compliance with these
Terms of Use is a condition to your use of the Platform. If you do not agree to be
bound by the Terms of Use, promptly exit this Platform. By using or accessing
our Platform, you also acknowledge that you: have read and understood these
Terms of Use; are at least eighteen (18) years old and have the legal authority to
accept these Terms of Use, or have the consent of your parent or guardian; and
agree to be legally bound by the Terms of Use. You should review these Terms
of Use periodically as they be may revised from time to time. Please also consult
our Privacy Policy which is located at Privacy Policy section of KnowNOW
website incorporated into these Terms of Use by this reference, for a description
of our privacy practices and policies, including how we collect and handle your
personal health information and financial information. Your use of the Platform is
also subject to our current Privacy Policy.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL
“911” IMMEDIATELY.
The Platform provides you access to certain telemedicine services and
consultations (“Services”) provided by Providers. Such Services will be governed
by arrangements between you and the particular Provider. “Providers” means
physicians, healthcare providers and any other licensed professional that provide
the Services through the Platform. KnowNow does not provide any Providers’
Services itself. The Providers are independent of KnowNow and use the Service
as a way to communicate with you. Any information or advice received from a
Provider comes from them alone, and not from KnowNow. Your interactions with
the Providers via the Service are not intended to take the place of your
relationship with your regular health care practitioners. Neither KnowNow, nor
any of its subsidiaries or affiliates or any third party who may promote the Service
or provide a link to the Service, shall be liable for any professional advice
obtained from a Provider via the Service or for any other information obtained
through the Platform. KnowNow does not endorse any specific tests, physicians,
medications, products or procedures that are recommended by Providers that
may use KnowNow to communicate with you. You acknowledge that your
reliance on any healthcare providers or information provided by the Providers via
the Service is solely at your own risk and you assume full responsibility for all risk
associated herewith.
KnowNow does not make any representations or warranties about the training or
skill of any Providers who provide the Services. You will be provided with a list of
available Providers located in the particular state within the U. S. based solely on
the information you provide to KnowNow. You are ultimately responsible for
choosing your particular healthcare provider.
Ownership of the Platform and Content
The Platform, including content included with and/or displayed on this Platform,
including the text, graphics, logos, button icons, images, video and audio clips,
digital downloads, data compilations and software, (collectively, “Content”), is the
property of KnowNow, the Providers or our or their respective affiliates or
vendors and is protected under applicable United States and international patent,
copyright, trademark and other intellectual property laws. The compilation of all
Content on this Platform, as well as the original arrangement, organization,
design, formatting, trade dress, look and feel of the Platform is also the exclusive
property of KnowNow, the Providers or our or their respective affiliates or
vendors and is also protected by United States and international intellectual
property laws. This Platform may contain various third-party names and marks
that are the property of their respective owners. Any unauthorized use of our
intellectual property, including, without limitation, our marks, our copyrighted
material, and our trade dress, is strictly prohibited and may be prosecuted to the
fullest extent that the law provides.
License and Access
We hereby grant you a limited, nonexclusive, revocable, non-assignable,
nontransferable authorization to view and use the Platform and any Content
contained on this Platform solely for your own personal or internal use, provided
that it is used for informational and non-commercial purposes only. The use of
this Platform or any Content for commercial purposes is expressly prohibited.
Nothing in these Terms of Use is intended to, or may be construed as, conferring
by implication, estoppel or otherwise any license or other grant of right to use any
patent, copyright, trademark, service mark or other intellectual property of
KnowNow or any third party, except as expressly provided in these Terms of
Use. You agree not to remove, obscure, or modify any trademark legend or
copyright notice, author attribution, or other notice placed on or contained within
any of the Content. All rights not otherwise expressly granted by these Terms of
Use are reserved by us.
No Medical Advice
The Platform should never be used for urgent health care matters. If you are
experiencing an urgent health matter or otherwise need immediate attention, call
911.
The Content made available to you on this Platform is to be used for
informational purposes only and to provide you access to the Services. We do
not warrant or guarantee the accuracy, completeness, adequacy, or currency of
the Content, nor do we endorse any views or opinions that may be included in
the Content or other information available through the Platform.
THE CONTENT OF THE PLATFORM, INCLUDING WITHOUT LIMITATION,
TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS
AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND
DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS,
TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD
ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE
PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE
REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS.
ALL INFORMATION PROVIDED BY KNOWNOW OR IN CONNECTION WITH
ANY COMMUNICATIONS SUPPORTED BY KNOWNOW, INCLUDING BUT
NOT LIMITED TO COMMUNICATIONS WITH PROVIDERS THROUGH THE
PLATFORM IS INTENDED TO BE FOR GENERAL INFORMATIONAL
PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A
PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND
FEDERAL LAW. THE PLATFORM AND SERVICES ARE NOT A SUBSTITUTE
FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE
ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED
BY KNOWNOW, ITS CONTENT PROVIDERS, MEDICAL EXPERTS, CLIENTS,
VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK.
WHILE KNOWNOW FACILITATES YOUR SELECTION OF,
COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH PHYSICIANS,
KNOWNOW DOES NOT PROVIDE MEDICAL SERVICES AND THE DOCTORPATIENT
RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE
PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR
ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS.
User Restrictions
You agree to use the Platform only for the purposes that are permitted by these
Terms of Use. You may not use the Platform if you are a person prohibited by the
laws of the United States of America or any other country from receiving the
Services via the Platform. If you are under 18, you may use the Platform only
with involvement of a parent or guardian. If you create a Registered User account
for the Portal, you agree to complete the registration process by providing
current, complete, and accurate information as required by KnowNow. You are
responsible for all activities that occur under your account. In the event access to
the Platform or the Portal or a portion thereof is limited requiring a user ID and
password (“Protected Areas”), you agree to access Protected Areas using only
your user ID and password as provided to you by KnowNow. You agree to
protect the confidentiality of your user ID and password, and not to share or
disclose your user ID or password to any third party. You agree that you are fully
responsible for all activity occurring under your user ID. Your access to the
Platform may be revoked by KnowNow at any time with or without cause. We
may also terminate or suspend your access to all or part of the Platform, without
notice, for any conduct that we, in our sole discretion, believe is disruptive to the
Platform (or other users) or is in violation of any applicable law or these Terms of
Use.
By using and accessing the Platform, you acknowledge and agree that you must
NOT:
use the Platform for any illegal or unauthorized purpose, including using the
Platform in a manner that intentionally or unintentionally violates any applicable
local, state, national or international law, or for any purpose that infringes any
patent, trademark, trade secret, copyright, right of publicity or other proprietary
right of any party;
use the Platform for any purpose that may be deemed by us to be threatening,
abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of
another's privacy (including stalking), tortious, explicit or graphic descriptions or
accounts of sexual acts (including sexual language of a violent or threatening
nature directed at another individual or group of individuals) or otherwise in
violation of these Terms of Use or the Privacy Policy;
use the Platform for any purpose that victimizes, harasses, degrades or
intimidates an individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age or disability, or use the Platform to harm or
exploit minors in any way;
engage in any activity or use any device, software, or routine that interferes with
or disrupts the Platform (or the servers and networks which are connected to the
Platform), or a user’s access to the Platform, or the Platform’s operations,
including by transmitting any worms, viruses, spyware, malware or any other
code of a destructive or disruptive nature, or by injecting content or code or
otherwise alter or interfere with the way any part of the Platform is rendered or
displayed in a user's browser or device;
attempt to decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Platform;
impersonate any person or entity, including any employee or representative of us
or otherwise misrepresents your affiliation with a person or entity;
modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any
derivative work of, any portion of the Platform, including any services included on
the Platform;
use any scraper, crawler, spider, robot or other automated means of any kind to
access or copy data on the Platform, deep-link to any feature or content on the
Platform, bypass, circumvent, disable or otherwise interfere with our robot
exclusion headers or other measures we may use to prevent or restrict access to
the Platform or copying of any Content or enforce limitations on use of the
Platform and the Content on the Platform;
collect or stores personal data about other users or use another user’s account
without permission, or solicit, collect or use the login credentials of other users, or
provide false or misleading information during registration process for accessing
Protected Areas;
sell, transfer, license or assign your user account, username, or any account
rights, if any, to any third party;
use the Platform for any purpose that constitutes unauthorized or unsolicited
advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any
other form of unauthorized solicitation or any form of lottery or gambling.
User Content and Feedback
You acknowledge that the Platform may contain Content provided by us or by
third parties that are protected by copyrights, patents, trademarks, trade secrets
or other proprietary rights, and that these rights are valid and protected in all
forms, media and technologies existing now or later developed. Content posted
or provided by Registered Users and other users of the Platform via the Platform
(collectively, “User Content”) is the intellectual property of the specific users of
the Platform who post such User Content. By your submission, posting or
delivering of User Content to us, you hereby grant to us a transferable,
nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce,
modify, edit, adapt, publish, translate, display, distribute, sell, sublicense, and
create derivative works and compilations incorporating your User Content. We do
not generally monitor or otherwise remove User Content after it is posted on the
Platform, except as required or permitted by law or otherwise in our sole
discretion. We reserve the right to remove any and all material that we feel is
actually or potentially inappropriate, offensive, illegal or harmful in any respect or
which may violate these Terms of Use. We are not responsible for the timeliness,
deletion, mis-delivery or failure to store any User Content. We do not make any
warranties or representations regarding any of the User Content. We do not
approve, endorse, sanction, encourage, verify or agree with any message,
profile, or other content posted by our users or otherwise embodied in the
Content. You understand and agree that any User Content you submit may be
viewed by other users of the Platform, except for information that a Registered
User provides through the Platform when receiving Services, which shall be
subject to the relevant Provider’s notice of privacy practices.
In addition, should you send us postings, feedback, or data about our Platform,
use of our Platform, or the Services, such as ideas, comments, suggestions, or
questions, (collectively, “Feedback”), such Feedback will not be given
confidential treatment. By sending us any Feedback, you agreed to assign and
you hereby assign such Feedback (along with any underlying or related ideas,
concepts, techniques and know-how) to KnowNow without charge. You further
agree to take all acts reasonably requested by KnowNow to confirm KnowNow’s
ownership of such items. As the sole and exclusive owner of such Feedback,
KnowNow will be free to reproduce, copy, use, disclose and distribute the
information to others including without limitation incorporating your postings,
feedback or data (and any underlying or related ideas, concepts, techniques and
know-how) into any KnowNow product or service or this Platform without any
obligation or compensation to you of any kind.
Some areas of the Platform and some Content or User Content may contain
material that is inappropriate for minors. We are not and will not be liable for any
content or user content that may be offensive, indecent, vulgar, defamatory or
otherwise objectionable.
Third Party Websites
This Platform may contain links to, or be accessed through links on, websites
managed and operated by or on behalf of independent third party entities, who
are not a part of KnowNow or agents of KnowNow. We do not have control over
such third party websites or the content of such websites. As a result, we do not
have responsibility for the information, misinformation, errors, availability,
operation or performance of any such third party website.
Reference to any product, recording, event, process, publication, service, or
offering of any third party by name, trade name, trademark, service mark,
company name or otherwise does not constitute or imply the endorsement or
recommendation of such by us. Any views expressed by third parties on this
Platform are solely the views of such third party and we assume no responsibility
for the accuracy or veracity of any statement made by such third party.
It is up to you to take precautions to ensure that whatever you select for your use
or download is free of such items as viruses, worms, Trojan horses, and other
items of a destructive nature. If you decide to access any of the third party sites
linked to this Platform, you do this entirely at your own risk. You agree that we
will not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused in connection with your use of or your reliance on
any of these third party’s presentations, content, goods or services made
available through the third party site or resource.
Disclaimers
This Platform may be unavailable from time to time due to mechanical,
telecommunication, software, and third-party vendor failures. KnowNow cannot
predict or control when such downtime may occur and cannot control the
duration of such downtime. Reasonable efforts are taken to ensure the accuracy
and integrity of information and related materials provided by KnowNow on this
Platform, but KnowNow is not responsible for misprints, out-of-date information,
technical or pricing inaccuracies, typographical or other errors. Information and
related materials are subject to change without notice. As a result, KnowNow
cannot and does not have any liability for such failures or errors.
THIS PLATFORM, THE CONTENT, AND ALL INFORMATION, SERVICES AND
RELATED MATERIALS IT CONTAINS ARE PROVIDED “AS IS,” “AS
AVAILABLE” AND “WITH ALL FAULTS.” KNOWNOW AND ITS AFFILIATES
MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING
THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR
THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF
THIS PLATFORM, THE SERVICES, OR THE INFORMATION OR MATERIALS
IT CONTAINS. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, KNOWNOW AND ITS RESPECTIVE AFFILIATES
SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THIS PLATFORM, THE CONTENT, THE SERVICES, AND THE
INFORMATION AND MATERIALS CONTAINED ON THIS PLATFORM,
INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT THE
PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
IN THE PLATFORM WILL BE CORRECTED, THAT THIS PLATFORM OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING FROM A
COURSE OF DEALING OR USAGE IN TRADE.
IN ADDITION, USE OF THE INTERNET IS INHERENTLY UNRELIABLE AND
UNSECURE. THE INTERNET IS SUBJECT TO OUTAGES, COMMUNICATION
AND DATA FLOW FAILURES, INTERRUPTIONS AND DELAYS INHERENT IN
INTERNET COMMUNICATIONS. YOU RECOGNIZE THAT PROBLEMS WITH
THE INTERNET, INCLUDING EQUIPMENT, SOFTWARE AND NETWORK
FAILURES, IMPAIRMENTS OR CONGESTION OR THE CONFIGURATION OF
YOUR COMPUTER SYSTEMS, MAY PREVENT, INTERRUPT OR DELAY
YOUR ACCESS TO THE PLATFORM. KNOWNOW AND ITS AFFILIATES ARE
NOT LIABLE FOR ANY DELAYS, INTERRUPTIONS, SUSPENSIONS OR
UNAVAILABILITY OF THE PLATFORM, OR ANY PORTION OF THE
PLATFORM, ATTRIBUTABLE TO PROBLEMS WITH THE INTERNET OR
CONFIGURATION OF YOUR COMPUTER SYSTEMS. THERE IS NO
WARRANTY OR GUARANTEE THAT ACCESS OR USE OF THE PLATFORM
OR ACCESS TO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
NO ADVICE OR INFORMATION FROM KNOWNOW IN ANY MANNER WILL
CREATE ANY WARRANTY AS TO THIS PLATFORM OR ANY PRODUCT,
SERVICE OR MATERIAL AVAILABLE THROUGH THIS PLATFORM. IF FOR
ANY REASON YOU ARE NOT SATISFIED WITH THIS PLATFORM OR ITS
CONTENT, YOUR SOLE REMEDY IS TO CEASE USING THIS PLATFORM OR
SUCH CONTENT, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS
ESSENTIAL PURPOSE. KNOWNOW AND ITS AFFILIATES DO NOT MAKE
ANY WARRANTY OR REPRESENTATION REGARDING (A) THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, (B) ANY
CONTENT OBTAINED FROM THE PLATFORM OR (C) THE ACCURACY OR
RELIABILITY OF ANY CONTENT OBTAINED FROM THE PLATFORM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT WILL KNOWNOW, THE
PROVIDERS, OR ANY OF OUR OR THEIR RESPECTIVE VENDORS,
AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS,
DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE
LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION
ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS,
BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS
INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM
OR OTHERWISE RELATED TO (I) THIS PLATFORM, (II) THE USE OR
PERFORMANCE OF THIS PLATFORM OR ANY LINKED WEBSITE OR ANY
CONTENT OR OTHER MATERIAL OR INFORMATION OBTAINED THROUGH
THIS PLATFORM, OR (III) OTHERWISE ARISING OUT OF THE SERVICES
OR THE USE OR THE INABILITY TO USE THIS PLATFORM, WHETHER
SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF KNOWNOW HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE
OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN
THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO
AND USE OF THIS PLATFORM. NOTWITHSTANDING THE FOREGOING, IN
ANY EVENT, THE AGGREGATE LIABILITY OF KNOWNOW, THE PROVIDERS
AND OUR OR THEIR AFFILIATES AND VENDORS, FOR ANY REASON,
SHALL NOT EXCEED $100.00 U.S. DOLLARS, EVEN IF SUCH REMEDY
SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
ALL SERVICES ARE PROVIDED BY THE PROVIDERS PURSUANT TO THE
PROVIDER’S TERMS OF SERVICE AND KNOWNOW HAS NO
RESPONSIBILITY OR LIABILITY FOR THE PERFORMANCE OF THOSE
SERVICES BY THE PROVIDERS.
Indemnification
To the extent allowed by law, you agree to defend, indemnify and hold harmless
KnowNow, its affiliates, officers, directors, representatives, employees,
consultants, and agents from and against any claims, allegations, damages,
losses, liabilities or expenses (including attorneys’ fees) that such party may
suffer or incur as a result of (i) your use or misuse of the Platform, (ii) your
infringement of any intellectual property, invasion of privacy, or other right of
KnowNow or any third party, (iii) your violation of any applicable law, or (iv) your
breach of these Terms of Use. KnowNow reserves the right to participate in the
defense of any such claim, at its own cost, without limiting or relieving you of your
indemnification obligations.
Disputes Resolution
These Terms of Use (including without limitation the validity, construction and
performance of duties related to the Terms of Use) are governed by and
construed in accordance with the laws of the United States of America and the
laws of the State of NY, NJ, IL, IN, MI, PA without giving effect to any principles
of conflicts of laws. Venue with respect to any dispute (not subject to arbitration
as provided below) between you and KnowNow will rest exclusively in the state
or federal courts located in NY, NJ, IL, IN, MI, PA unless such venue would
deprive you of any remedy, at law or in equity, which would otherwise be
available in your state of residence.
You shall first contact us at KnowNOW 492C #533 Cedar Lane, Teaneck NJ
07666 or at:
info@knownowhealth.com regarding any claim or controversy arising out of or
relating to these Terms of Use, or any breach thereof, or the use of the Platform,
except such claims or controversies for which injunctive relief is available, that
cannot be resolved by mediation within 30 days shall be finally settled by
arbitration administered by the American Arbitration Association in accordance
with its Commercial Arbitration Rules including the Supplementary Procedures
for Consumer-Related Disputes (collectively, “AAA Rules”), and judgment on the
award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. The AAA Rules are available online at adr.org. You agree
that, by accepting these Terms of Use, you and KnowNow are each waiving the
right to a trial by jury or to participate in a class action. These Terms of Use
evidence a transaction in interstate commerce, and thus the Federal Arbitration
Act governs the interpretation and enforcement of this provision.
Unless you and KnowNow agree otherwise, any arbitration hearings will take
place in the county (or parish) of your residence. If the claim or controversy is for
$10,000 or less, KnowNow agrees that you may choose whether the arbitration
will be conducted solely on the basis of documents submitted to the arbitrator(s),
through a telephonic hearing or by an in-person hearing as established by the
AAA Rules. If the claim or controversy exceeds $10,000, the right to a hearing
will be determined by the AAA Rules. Regardless of the manner in which the
arbitration is conducted, the award of the arbitrator(s) shall be accompanied by a
statement of the reasons upon which the award is based.
Copyright and Copyright Notices
We respect the intellectual property of others, and we ask our users to do the
same. We will promptly review and remove Content from the Platform if properly
notified that the materials infringe a third party's copyright. In addition, we may, in
appropriate circumstances, terminate the accounts of repeat copyright infringers.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide us with the following information:
an electronic or physical signature of the owner or person authorized to act on
behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the
website sufficient to allow us to locate the allegedly infringing material;
your name and contact information (including address, telephone number and email
address);
a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent or the law; and
a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner’s behalf.
Entire Agreement
These Terms of Use constitute the entire agreement between you and us with
respect to the subject matter hereof, and, supersede all prior and
contemporaneous agreements and understandings, whether written or oral,
concerning the subject matter hereof. Any conflicting or supplementary terms and
conditions to these Terms of Use proposed by you in any e-mail or other
communication shall not be binding on us, and are hereby objected to and
expressly rejected.
Modifications to These Terms of Use
We reserve the right to modify these Terms of Use at any time, effective upon
posting. Any use of this Platform after such changes will be deemed an
acceptance of those changes. You agree to review the Terms of Use each time
you access the Platform so that you may be aware of any changes to these
Terms of Use.
Severability
If any portion of these Terms of Use is held invalid or unenforceable under
applicable law, that portion shall be construed in a manner consistent with
applicable law to accomplish, as nearly as possible, the objective thereof, or
severed from the document if and solely to the limited extent such construction is
not possible, and the remaining portion of these Terms and the Privacy Policy
shall remain in full force and effect.
Miscellaneous
No joint venture, partnership, employment or agency relationship exists between
you and us as a result of these Terms of Use or your use of the Platform or the
Content. We make no representation that Content or Services included within the
Platform are appropriate or available for use outside the United States, and
access to them from territories where their contents are illegal is prohibited. The
section titles in these Terms of Use are solely used for the convenience of the
parties and have no legal or contractual significance. The words “include”,
“including”, and all other forms of “include” are deemed to be followed by “without
limitation.” Our failure to enforce any provision of these Terms of Use will not be
deemed a waiver of that or any other provision of these Terms of Use. These
Terms of Use are written in the English language. If these Terms of Use are
translated into another language, the English language text prevails.
Contact Us
If you have any questions about these Terms of Use, please write to us by mail
at KnowNOW LLC 492C Cedar Lane #533 Teaneck, NJ 07666 or email us at
info@knownowhealth.com or call/text us at 888-929-2371.
I agree to these terms and conditions:
Name_____________________________________ Date: ________________
Signature:__________________________________
KNOWNOW LLC PLATFORM PRIVACY POLICY
Effective: January 1st, 2020
Introduction.
This Privacy Policy explains how KnowNow, LLC (“KnowNow”, “our”, “we”, or
“us”) collects, uses and discloses information from users (“you” or “your”) of our
online interfaces and properties, which may include (i) our mobile application
(“App”); (ii) our website located at https://knownowhealth.com/ (the “Website”)
and a Registered Users-only website available through the Website (“Portal”)
(collectively, the “Platform”). “Registered Users” are eligible individuals who have
completed the registration process for Portal access. The Platform offers you
access to certain telemedicine services and consultations (“Services”) provided
by Providers. Such Services will be governed by arrangements between you and
the particular Provider. KnowNow does not provide any Providers’ Services itself.
“Providers” means physicians, healthcare providers and any other licensed
professional, or a group of such individuals, that provide the Services through the
Platform.
Please read this Privacy Policy carefully before using the Platform. This Privacy
Policy is a part of the KnowNow Terms of Use, Your compliance with the Terms
of Use is a condition to your use of the Platform. If you do not agree to be bound
by the Terms of Use, which includes this Privacy Policy, promptly exit this
Platform. By using this Platform and accepting the Terms of Use, you are
consenting to the use and disclosure of your personal information as outlined in
this Privacy Policy.
We are committed to protecting the confidentiality and security of your Personal
Information. When we use the term “Personal Information” in this Privacy Policy,
we mean information about you that is personally identifiable to you, such as
your contact information (e.g., name, address, email address, or telephone
number), personally identifiable health or medical information (“Health
Information”), and any other non-public information that is associated with such
information (collectively, “Personal Information”). When we use the term “De-
Identified Information”, we mean information about you but that does not identify
you.
HIPAA
The Providers that you interact with when using the Services may be required by
the Health Insurance Portability and Accountability Act (“HIPAA”) to describe
their privacy practices in a document called a “Notice of Privacy Practices”. You
agree that the Provider is responsible for the Provider’s use or disclosure of
information that you share with the Provider when using the Services.
Third Party Sites
Our Platform may contain links to other third party websites that we do not
control or maintain. If you use the Platform to link to another website which is not
controlled or maintained by KnowNow, please be aware that we are not
responsible for the content or privacy practices of such other website. You may
disclose personal and other information at that third party website, and you agree
that we are not responsible for the protection and privacy of any information that
you provide while visiting such third party websites. Please be aware that in
contacting that website, or in providing information on that website, that third
party may obtain personal information about you. This Privacy Policy does not
apply when you leave the Platform and go to a third party website from the
Platform. We encourage you to be aware when you leave our Platform and to
read the privacy statements of each and every website that you visit.
Personal Information We May Collect From You
We may request, allow or otherwise provide you an opportunity to voluntarily
submit your Personal Information in connection with your use of the Platform or
the Services. For instance, you may provide us:
Your name, age, gender, email, username, phone number, company and
address, (“Contact Information”).
Health Information that you provide us, which may include information or records
relating to your medical or health history, health status and laboratory testing
results, diagnostic images, and other health-related information.
Health information about you prepared by the Providers who provide the
Services through the Platform such as medical records, treatment and
examination notes, and other health related information.
Your credit card number, billing address, shipping address, security code and
other payment transaction and verification details (“Payment Information”);
Geolocation information, which allows us to locate lab centers close to you.
When you log in, your user name and password will be logged by our system in
an audit log. Moreover, if you contact us or when we contact you, we may keep a
record of this correspondence.
Certain information may not be personally identifiable when standing alone (e.g.,
your age), but may become so when combined with other information (e.g., your
age and name). Whether or not you provide this information is your choice;
however, in many instances this type of information is required to participate in
the particular activity or service, realize a benefit we may offer or gain access to
certain areas or content through our Platform.
How We Use Your Personal Information
We may use your Personal Information for the following purposes (subject to
applicable restrictions under law):
We may use your Health Information and other Personal Information to process
your registration with the Portal, or to provide you with products or services
(including the Services) that you may request from us or the Providers;
We may use your Contact Information to provide you the information you
requested and otherwise communicate with you to respond to your inquiry or to
send you electronic newsletters;
We may also use your Health Information and Contact Information to send you
appointment reminders or other notifications regarding the Services;
We may also use your geographic location to provide you with specific content
and direct you to your closest lab centers or other service providers to the extent
permitted by applicable law;
We may use your Payment Information to facilitate a payment to us or to
Providers;
We may use your Contact Information to provide you with special offers or
promotional materials on behalf of us or third parties.
You can “opt out” of receiving such promotional materials from us via the
Platform at any time by contacting us at info@knownowhealth.com ;
We may use your Personal Information to improve the Platform, to customize
your experience with the Platform or to serve you specific content that we believe
is relevant to you;
We may use your Contact Information to contact you with regard to your use of
the Platform and, in our discretion, changes to the Platform and related policies;
We may use your Personal Information to create De-Identified Information such
as aggregate statistics relating to the use of the Service;
Additionally, we may use your Personal Information to protect or defend our legal
rights, our property, our Platform or other users; to protect the health and safety
of our users or the general public during an emergency; or for purposes
otherwise disclosed at the time you provide your information.
Information We Collect via Technology
As you use the Platform or the Service, certain information (which may include
Personal Information) may be passively collected by Cookies, navigational data
like Uniform Resource Locators (URLs) and third party tracking services,
including:
Platform Activity Information. We may keep track of some of the actions you take
on the Platform, such as the content of searches you perform on the Platform.
Access Device and Browser Information. When you access the Platform from a
computer or other device, we may collect anonymous information from that
device, such as your Internet protocol address, browser type, connection speed
and access times.
Web Beacons. Web beacons are small graphic images or other web
programming code that may be included in our Site pages or other areas of the
Platform. Web beacons are tiny graphics with a unique identifier, similar in
function to cookies, and are used to track the online movements of users of our
Platform. Unlike cookies, which are typically stored on your computer or mobile
device’s hard drive, web beacons are embedded invisibly on web pages. Web
beacons or similar technologies help us better manage content on our Platform
by informing us what content is effective, counting the number of users of the
Platform and monitoring how users navigate the Platform or counting how many
e-mails, articles or links were actually opened or viewed.
Embedded Scripts. An embedded script is programming code that is designed to
collect information about your interactions with the Platform, such as the links
you click on. The code is temporarily downloaded onto your computer, mobile or
other device from our server or a third party service provider.
Cookies. A cookie is a small file containing a string of characters that is sent to
your computer when you visit a website. When you visit the Platform again, the
cookie allows that site to recognize your browser. Cookies may store unique
identifiers, user preferences and other information. You can reset your browser to
refuse all cookies or to indicate when a cookie is being sent. However, some
Platform features or services may not function properly without cookies. We use
cookies to improve the quality of our service, including for storing user
preferences, tracking user trends and providing relevant advertising to you.
Real-Time Location. Certain features of the Platform may use GPS technology to
collect real-time information about the location of your device so that the Platform
can connect you to a Provider who is licensed or authorized to provide services
in the state where you are located.
Google Analytics. We may use Google Analytics to help analyze how users use
the Platform. Google Analytics uses Cookies to collect information such as how
often users visit the Platform, what pages they visit, and what other sites they
used prior to coming to the Platform. We use the information we get from Google
Analytics only to improve our Platform and Services. Google Analytics collects
only the IP address assigned to you on the date you visit the Platform, rather
than your name or other personally identifying information. Although Google
Analytics plants a persistent Cookie on your web browser to identify you as a
unique user the next time you visit the Platform, the Cookie cannot be used by
anyone but Google. Google’s ability to use and share information collected by
Google Analytics about your visits to the Platform is restricted by the Google
Analytics Terms of Use and the Google Privacy Policy.
How We Use De-Identified Information.
We may use De-Identified Information created by us without restriction. We may
also use non-Personal Information that you provide or is collected through your
use of the Platform to improve the Platform or to customize your browsing
experience and communicate with you and otherwise respond to your questions
and suggestions regarding use of the Platform as may be permitted by applicable
law. This includes sharing your information with our suppliers and vendors and
used in the aggregate to create summary statistics that help us analyze Platform
usage trends, assess what information is of most and least importance,
determine technical design specifications, arrange the Platform in the most userfriendly
way, and identify system performance or problem areas.
When We Share Your Personal Information.
We may disclose Personal Information that we collect or you provide, at your
direction, or as permitted or allowed by law, as follows:
To our affiliates and to Providers who will provide you with the Services.
To contractors, service providers and other third parties (including our auditors,
lawyers or other professional advisors) we use to support our business and who
are bound by contractual obligations to keep personal information confidential
and use it only for the purposes for which we disclose it to them.
As required by law, which can include providing information as required by law,
regulation, subpoena, court order, legal process or government request.
To enforce our Terms of Use, including investigations of potential violations
thereof;
To detect, prevent or otherwise address fraud, security or technical issues
When we believe in good faith that disclosure is necessary to protect your safety
or the safety of others, to protect our rights, to investigate fraud, or to respond to
a government request.
To a buyer or other successor in the event of a merger, divestiture, restructuring,
reorganization, dissolution or other sale or transfer of some or all of KnowNow’s
assets, whether as a going concern or as part of bankruptcy, liquidation or similar
proceeding, in which Personal Information maintained by the Platform is among
the assets transferred.
Security
When you submit information to us through our Platform, you should be aware
that your information is transmitted across the Internet and that no method of
transmission over the Internet is completely or 100% secure. While no website
can guarantee security, we maintain reasonable physical, administrative,
electronic, technical and procedural safeguards to help protect your information
collected via the Platform as required by applicable law. For example, the
Platform is protected by SSL 3.0 technology. Please be advised, however, that
while we strive to protect your Personal Information, there is no guarantee that
information may not be accessed, disclosed, altered, or destroyed by breach of
any of our physical, technical, or managerial safeguards. Even though there are
many benefits to using this Platform, as with all electronic communications there
are some risks such as (i) failure of hardware, software and/or Internet
connections; we are not responsible for failures, distortions, delays, or other
problems resulting from equipment configuration, connection, signal power,
hardware, software or any equipment used to access the internet; and (ii) no
guarantee that the confidentiality or security of electronic transmissions via the
Internet can be assured due to potentially unsecure computers and links. This
could result in your data becoming lost or intercepted during transmission. It is
your responsibility to protect the security of your login information and to use
good judgment before deciding to send information via the Internet. In order to
help maintain security, you should never share your user name or password and
should always sign out when you are finished using the Portal. Please note that
e-mails and other communications you send through our Platform are not
encrypted, and we strongly advise you not to communicate any confidential
information through these means.
In the event that a breach in our security systems occurs and there is a possibility
that an unauthorized person acquires your Personal Information, we will notify
you of such a breach if we are required by applicable law to do so. However,
delays in notification may occur while we take necessary measures to determine
the scope of the breach and restore reasonable integrity to the system as well as
for the legitimate needs of law enforcement if notification would impede a criminal
investigation. From time to time, we evaluate new technologies for protecting
information and, when appropriate, we will undertake reasonable efforts to
upgrade our information security systems.
Your Privacy Choices
You can update some of your information through our Platform. You may opt out
of any future contacts from us at any time. You can close your online account by
emailing us at info@knownowhealth.com .
If you close your account, we will no longer use your online account information
or share it with third parties. We may, however, retain a copy of the information
for archival purposes, and to avoid identity theft or fraud.
Important Note Regarding Children
Our Platform is neither intended for nor designed to attract users who are under
the age of 13. We are committed to preventing the unintentional collection of
Personal Information and Health Information from children under the age of 13.
Any Personal Information and Health Information of a child under 13 that is
provided to us must be provided by a parent or legal guardian, and not by a child
under the age of 13 who is using the site.
If you are the parent or legal guardian of a child under the age of 13 whom you
have reason to believe has provided his or her own Personal Information or
Health Information to us, you have the right to request the removal of that child's
personal information and/or personal health information from our database. In
order to request such removal, please send an e-mail to
info@knownowhealth.com .You will be required to verify your identity as the
child’s parent or legal guardian in order to have their personal information or
personal health information removed.
Modifications to Privacy Policy
We may update this Privacy Policy from time to time to reflect changes to our
information practices. If we make any material changes we will notify you by
means of a notice on the Platform. We encourage you to periodically review this
page for the latest information on our privacy practices. You can tell when
changes have been made to the Privacy Policy by referring to the “Effective
Date” legend on top of this page.
Contact Us
If have any questions about this Privacy Policy or any of the above, please email
us at info@knownowhealth.com . You may contact us by mail at:
KnowNow, LLC
(646) 854-2345 (text or call)
492 Cedar Lane #533
Teaneck, NJ 07666 United States
Info@knownowhealth.com
Report Violations. You should report any security violations to us by sending an
email to info@knownowhealth.com .
Informed Consent for Telemedicine Services
Introduction:
Telemedicine is the practice of medicine that involves the use of electronic
communications to diagnose or treat patients located in Illinois, New York or New
Jersey who are in different locations from their healthcare providers.
Telemedicine also enables healthcare providers at different locations in Illinois,
New York or New Jersey to share individual patient medical information for the
purpose of improving patient care.
By executing this form, I, as patient or patient’s legal representative, (“Patient”)
consent to the utilization of telemedicine technologies in the course of my
medical treatment and authorize Gabisa Medical, LLC, its employed and/or
contracted providers, including primary care practitioners, specialists, and/or
subspecialists, its staff, and subcontractors (collectively, “Providers”) to review
and exchange medical information about Patient for the purpose of Patient’s
treatment via telemedicine.
I understand that Patient medical information may be used by Providers for
diagnosis, therapy, follow-up and/or education, and may include, but not be
limited to, any of the following:
Evaluation of Patient and Patient medical records;
Evaluation of Patient diagnostic and laboratory test results;
Live two-way audio and video recordings of Patient and Providers; and Output
data from medical devices and sound and video files of Patient communications.
Expected Benefits of Telemedicine Services:
Improved access to medical care by enabling a patient to remain in his/her
location while the physician consults and obtains test results at distant/other
sites;
More efficient medical evaluation and management; and Obtaining expertise of a
specialist.
Possible Risks of Telemedicine Services:
As with any medical procedure, there are potential risks associated with the use
of telemedicine technologies in treating patients. While these risks will vary with
the type of treatment obtained by Patient, they generally include, but may not be
limited to:
The Provider or on-site consultant may determine that the transmitted information
is of inadequate quality, thus necessitating a face-to-face meeting with the
Patient and Physician, or at least a rescheduled video consult between the
Patient and Physician; Delays in medical evaluation and treatment could occur
due to deficiencies or failures of the equipment used in a telemedicine encounter;
In rare instances, security protocols could fail, causing a breach of privacy of
personal medical information;
In rare cases, a lack of access to complete medical records may result in
treatment delays, adverse drug interactions, allergic reactions, or other judgment
errors.
Informed Consent for Telemedicine Services
By signing this form, I, as Patient, acknowledge and affirm that it has been
explained to me and I understand the following:
Not all conditions are appropriate for diagnosis and/or treatment via telemedicine;
Telemedicine services, unlike direct in-person health care, are provided without
direct, physical contact between a patient and healthcare provider and therefore
present additional risks, including but not limited to, the risks listed above as well
as failure to identify relevant symptoms, failure to diagnose or timely diagnose a
condition, time delays between diagnosis and obtaining appropriate treatment
requiring physical contact with a provider, and disruptions in care due to
technological failures;
Patient is aware that alternatives to a telemedicine consultation are available and
Patient will have an opportunity to discuss them and concerns with Provider
when initiating telemedicine services;
The types of activities that are permitted using telemedicine services are limited
by state law, insurance, payor source, and the practicalities of a patient’s
condition, but generally include patient evaluation, diagnosis, treatment,
prescribing medications (other than controlled substances and, for other legend
drugs, only in the limited circumstances permitted by applicable federal and state
law), obtaining laboratory results, scheduling appointments, providing health care
information, and clarifying medical advice;
If I am in a clinic or other facility when seeking services via telemedicine,
Provider may collaborate with an on-site clinician to perform the telemedicine
services, and it is known and understood that Provider may not be informed of
the clinician’s knowledge, experiences, and qualifications in rendering such care
and makes no representations or warranties regarding such on-site clinician’s
qualifications;
The quality of transmitted audio/visual communications and related data may
affect the quality of services provided by Provider and may result in a disruption
of care outside the control of Gabisa Medical,LLC or Provider. Patient assumes
the risk for such a disruption of care and agrees, as a condition to accepting
services via telemedicine, that neither Gabisa Medical, LLC or Provider is liable
for any injuries or damages resulting from such a disruption.
In the event that communications are disrupted during treatment via
telemedicine, Patient will contact a KnowNOW Provider at 888-929-2371 call or
text or email at: info@knownowhealth.com for non-emergencies. In the event of a
medical emergency or disruption during treatment via telemedicine constituting
an emergency, Patient is directed to and agrees to call their local emergency
dispatch (usually 911) for follow-up, in-person medical care, as appropriate;
Information may be lost due to technical failures, for which Provider, Gabisa
Medical, LLC, and their respective affiliates shall not be held liable;
My healthcare information may be shared with other individuals for scheduling,
billing, laboratory services, or other related purposes as permitted by HIPAA and
other applicable federal and state laws and regulations, and I will provide the
name and contact information for a physician of my election for medical records
to be forwarded for follow-up care; Patient controls the location from which
he/she seeks telemedicine services and assumes the risk of a breach of his/her
privacy (i.e. being overheard) by a third party during the telemedicine services.
If Patient permits, one or more on-site providers may be present during the
consultation in order to operate the telemedicine equipment or assist in rendering
services to Patient and will be directed by Provider, at the initiation of
telemedicine services, to at all times maintain the privacy and confidentiality of
the patient information obtained. To the extent Provider is aware of an on-site
provider’s presence, Patient will be informed of their presence in the consultation
and will have the right to request the following: (1) to omit specific details of my
medical history/physical examination that are personally sensitive to me; (2) to
ask non-medical personnel to leave the telemedicine examination room; and/or
(3) to terminate the consultation at any time. To the extent Patient permits
another person to be present with or overhear Patient during telemedicine
services, neither Provider nor Gabisa Medical, LLC or their affiliates shall be
liable for such person’s subsequent knowledge, use of, or sharing of Patient’s
protected health information or violation of Patient’s privacy and confidentiality
rights;
The laws that protect the privacy and confidentiality of medical information also
apply to telemedicine, and no information obtained in the use of telemedicine
which identifies Patient may be disclosed to a third party without Patient’s written
consent except in a care emergency or as otherwise permitted by applicable law;
All patient communications, recordings and records will remain confidential.
Systems used for the electronic communications will incorporate network and
software security protocols to protect the confidentiality of patient information and
imaging data, and will include measures to safeguard the data and to ensure its
integrity against intentional or unintentional corruption. Security measures taken
include: encrypting dateof service, password protected screen savers, encrypting
data files or utilizing other reliable authentication techniques, etc.
Despite the security precautions taken by Provider, Gabisa Medical, LLC and
their contractors and affiliates, there is a risk that security protocols could fail,
causing a breach of privacy of personal medical information;
Telemedicine services may not be provided solely via a phone call, text
message, or written correspondence with a provider; Outcomes of this
telemedicine consultation cannot be guaranteed or assured; and I have the right
to withhold or withdraw my consent to the use of telemedicine in the course of my
care at any time, without affecting my right to future care or treatment.
By checking the Box containing "INFORMED CONSENT FOR TELEMEDICINE
SERVICES," I, as Patient or Patient’s authorized legal representative, hereby
give informed consent for the use of telemedicine in Patient’s medical care under
the terms and conditions described herein and verify that Patient has:
Read the whole consent form and fully understands the information provided
above regarding telemedicine, including its benefits and risks; and
Discussed the information contained herein with Provider and had all of his/her
questions answered to his/her reasonable satisfaction to make a voluntary,
informed decision regarding the use of telemedicine services.
Physician Statement:
Physician Name:_KnowNOW Provider_ Location of Physician:_ Illinois, New
York or New Jersey
By checking the Box containing "Physician Statement," I, as Provider, hereby
verify that I have:
Asked Patient to confirm the Patient’s identity and physical location;
Identified myself and my credentials as a healthcare provider to this individual;
Explained the proposed telemedicine services (including the risks, benefits, and
alternatives) to this individual;
Addressed the limitations of telemedicine services outlined above, as applicable;
and
Answered this individual’s questions to the best of my ability regarding the proposed telemedicine services.
I agree to informed consent: