Last Updated April, 2020
D. For Personal Use Only. You agree that any prescriptions that you acquire from a Provider will 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. Blink and Broadway Provider Group fully honor patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct Broadway Provider Group to transmit that prescription to the pharmacy of your choice.
E. Affiliations. Blink is not sponsored by or affiliated with any of the pharmacies identified on our Site, with the exception of Blink Health Pharmacy. The pharmacy trademarks and logos on the Site are the property of their respective owners. Blink is not offering advice, recommending, or endorsing any specific prescription drug, pharmacy, or other information. Please seek medical advice before starting, changing, or terminating any medication or prescription. Blink may at times receive compensation from its pharmaceutical manufacturer partners for providing marketing and adherence services.
PRIVACY PRACTICES; BLINK AS YOUR AGENT
SERVICES, ORDERING, AND PAYMENTS
A. Not For Emergencies. THIS SITE MAY NOT BE USED IN ANY EMERGENCY SITUATION. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary care provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition before stopping, starting, or modifying any treatment or modification.
B. Eligibility; Site Access; Security And Restrictions; Passwords. In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. You agree to fully, accurately, and truthfully create your Blink Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Blink ID and credentials. The Blink ID and/or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Blink ID and/or credentials, and for all activities that occur under such Blink ID and/or credentials. You agree to prohibit anyone else from using your Blink ID and/or credentials and agree to immediately notify Blink of any actual or suspected unauthorized use of your Blink ID and/or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Blink at any time with or without cause.
D. Limited Use. You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Blink will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
E. No Users Under Age 18. In order to access the Site and the Services, you represent and warrant that you are older than eighteen (18) years old. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at [email protected] or call us at (844) 265-6444.
G. Insurance. Please note that cash payments that you make for medications through the Services may not count toward your prescription drug coverage out of pocket costs, but you can confirm that by contacting your coverage provider. If you are a Medicare Part D beneficiary, then cash payments made through the Services will not count toward your Medicare Part D cost-sharing obligation.
H. Ordering And Purchasing Of Services Or Products. Your placement of an order does not necessarily ensure that we will accept your order. We may require additional information regarding your order if you have not provided all the information required by us to completed. We do not accept orders from dealers, wholesalers, or other customers who intend to resell items offered on our Site.
I. Pricing. Blink will honor the price reflected at the time you purchased your medication; however, should form, dosage, or quantity be adjusted between purchase and pick-up, YOU WILL BE CHARGED OR CREDITED THE PRICE DIFFERENCE. Blink reserves the right to cancel a transaction and refund you if the underlying cost of the prescription drug changes after you have purchased your medication. Blink reserves the right to change its prescription drug prices in real time based on supply and demand trends and other factors. Any savings claims made by Blink are based on U.S. cash retail prices without prescription drug coverage. Retail Prices (Cash Prices) vary among pharmacies. The Retail Prices displayed are estimates based on multiple sources, including price lists, historical claims and data provided by pharmacies. Our Price Match Guarantee applies only to generic drugs. Additional conditions apply. For more details visit our Price Match page. https://www.blinkhealth.com/price-match-guarantee
J. Payment Pre-authorization. For new purchases, we pre-authorize payment for the dosage and quantity that you have selected -- it’s fully refundable. Your final price is based on the medication you pick up at the pharmacy or what you receive through our home delivery service. If you pick up a different form, dosage, or quantity, you will be charged or credited the difference.
K. Order Processing. Once a properly completed order and authorization of your form of payment is received, we will process your order and Product for shipment. Delivery may be subject to delays. Free shipping is available for most orders through USPS first class shipping. If an order is placed, or if a delivery period falls, on a USPS holiday, the delivery time window will be extended by additional days, as applicable. No deliveries on Sunday or USPS holidays. Home delivery orders ship from a licensed, US based pharmacy after a valid prescription has been received. No home delivery orders will ship without a valid prescription written by a prescriber. Blink's pharmacy team will transfer prescriptions from other pharmacies or prescribers. Home delivery orders may be subject to delays if those pharmacies or prescribers do not immediately respond to requests to transfer prescriptions to Blink's pharmacy team.
L. Replacement & Refund Policy On Home Delivery Only. All drug replacement orders for errors or failures in shipment or delivery are at the discretion of Blink Health Pharmacy, in accordance with its determination of medical appropriateness. Blink Health Pharmacy reserves the right to decide that a replacement is not medically appropriate, in which case a refund will then be given to the patient. Blink Health Pharmacy reserves the right, in its sole discretion, whether to issue a replacement for packages a patient reports as ‘undelivered’ that the USPS has reported as ‘delivered.’
M. Typographical Errors And Incorrect Pricing. In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Products and/or Service(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
N. Risk Of Loss. All Products purchased from our Site are delivered to shipment carriers. The risk of loss and title for such Products pass to you when they are delivered to the carrier
A. Services Provided – No Medical Care Or Advice By Blink. Rather, Blink offers an online communication platform for Providers and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Providers.
B. Relationship with Broadway Provider Group. Blink does not provide medical advice or care. Blink contracts with Broadway Provider Group, an independent, physician-owned medical group, which provides access to with a network of United States based Providers who provide clinical telehealth services. Blink provides administrative and business support services to the Broadway Provider Group. Broadway Provider Group and its affiliated Providers deliver clinical services via the Blink platform to their patients. Blink licenses the “BROADWAY PROVIDER GROUP” brand name to the independently owned and operated medical practices that use its platform and its administrative, business support, and other services. Providers are independently contracted or employed by the Broadway Provider Group. Providers are not contracted or employed by Blink. The Providers, and not Blink, are responsible for the quality and appropriateness of the care they render to you. Blink and the Broadway Provider Group do not provide any legal advice or representations in any way regarding any legal issues associated with advice, information, goods, or services offered by a Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. The medical services, treatment, and care you receive may vary depending on the Provider you interact with. Please contact your Provider or the Broadway Provider Group directly for any questions regarding your care or medical treatment.
C. Independent Medical Judgment. The Providers are independent of Blink and are merely using the Site as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from Blink. Your interactions with the providers via the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Blink, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. Blink does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
D. No Representations by Blink. Blink does not make any representations or warranties about the training or skill of any Providers who deliver services via the Site or Service. You will be provided with available Providers based solely on the information you submit to the Site. You are ultimately responsible for choosing your particular Provider.
E. Prescription Policy; No Endorsements. When using Telemedicine Services, neither Blink nor Broadway Provider Group endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. Providers do not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. Providers reserve the right to deny care for actual or potential misuse of the Telemedicine Services. If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill it through one of the Pharmacies by using the Site, or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service or by calling . Prescriptions fulfilled by the Pharmacies may not use child-resistant packaging and prescription products may not be dispensed in child-resistant containers. If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product will be shipped to you by the applicable Pharmacy.
F. Subscription Terms. If you purchase a subscription to our Services, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by clicking here 844.265.6444. If you cancel your subscription, your account will automatically close at the end of your current billing period. Blink may change the price for your Blink subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Blink Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect.
G. Healthcare Choice. As outlined herein, Blink facilitates a variety of healthcare-related interactions with your Providers and the Healthcare Entities, but only to the extent that those interactions are initiated by you. You remain responsible for your healthcare choices and decisions. The Services are designed to offer you with additional choices and options regarding your healthcare, not limit those choices and options. You may always choose to obtain healthcare products and services through channels other than the Services and from Providers and Healthcare Entities that do not have arrangements with Blink.
H. Risks of Telehealth Services. Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. By using the Telemed Services, you acknowledge the potential risks associated with telehealth services. These include, but are not limited to, the following: information transmitted may not be sufficient (e.g., poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of your health information. The telehealth services are not a substitute for in-person health care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by Broadway Provider Group and the Providers through the Site. You agree that Blink is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
I. Availability of Services. Blink and Broadway Provider Group operate subject to state and federal regulations, and the Telemed Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Telemed Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Telemed Services is limited exclusively to users located in States within the United States where the Telemed Services are available. Blink Health services are only available within the United States, and are not intended for, or directed to, residents of the European Union or European Economic Area. Services are not available to users located outside the United States. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
A. Electronic Communications. When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Blink and Broadway Provider Group may contact you by telephone, mail, or email to verify your Account information. Blink and Broadway Provider Group may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
C. Texting Disclosures. Message and data rates may apply. For help, text the word HELP to 84825. To stop receiving text messages text the word STOP 84825, or by updating your profile on our Site to opt out of receiving such messages. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services. YOU AGREE TO NOTIFY BLINK IF YOU STOP USING A PHONE NUMBER THAT YOU HAVE PROVIDED TO US WITH THE UNDERSTANDING THAT YOU WILL BE RECEIVING TEXT MESSAGES FROM BLINK. YOU AGREE TO INDEMNIFY BLINK FOR TEXT MESSAGING CHARGES AND FEES THAT MAY RESULT FROM YOUR FAILURE TO PROVIDE SUCH NOTIFICATION TO BLINK.
D. Pharmacy Communications. In addition, you agree that Blink Health Pharmacy, LLC (the “Pharmacy”) may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf regarding any prescriptions from your doctor or updates related thereto. You also understand that you may opt out of receiving text messages from the Pharmacy at any time by texting the word “STOP” to 22425 using the mobile device that is receiving the messages. If you have questions, please call 1-844-737-5641 or text “HELP” to 23268. Any text messages from the Pharmacy are free to the end user, will be received by you only when the Pharmacy receives a prescription from your physician, and will be no more than one text message from the Pharmacy per day. This program is supported by the following carriers: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, Cellcom, Cellular South, Carolina West Wireless, Interop, ClearSky, nTelos, and Virgin Mobile. Please note, however, that T-Mobile® does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.
OTHER CORE TERMS
A. Ownership Of The Site And Related Materials; Additional Restrictions. All pages within this Site and any material made available for download are the property of Blink, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.
C. No Medical Care. The content of the Site and the Services, 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 by Blink. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Blink, or in connection with any communications supported by Blink, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
E. Links to Other Sites. Blink makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Blink site, please understand that it is independent from Blink, and that Blink has no control over the content on that website. In addition, a link to a non-Blink website does not mean that Blink endorses or accepts any responsibility for the content, or the use, of the linked site. 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 Site, you do this entirely at your own risk
F. User Information. If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Blink and Broadway Provider Group that you have the legal right and authorization to provide all User Information to Blink and Broadway Provider Group for use as set forth herein and required by Blink and the Broadway Provider Group Provider(s).
G. Use for Legal Purposes Only. You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Blink; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Site or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
H. User Information. You agree to defend, indemnify, and hold harmless Blink, Broadway Provider Group, and the Providers from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site or any breach of this Section.
I. Accuracy of Information; Functionality. Although Blink attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions, and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Blink so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Blink shall have no responsibility or liability for information or content posted to the Site from any non-Blink affiliated third party.
K. Claims of Copyright Infringement. We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. Blink respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Blink’s Designated Copyright Agent, identified below.
L .Notices of Alleged Infringement for Content Made Available on the Site. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Copyright Notice”) complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Copyright Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to
Blink Health, LLC
2nd Floor Suite 2100
New York, NY 100182
Telephone: (844) 265-6444
Email: [email protected]
M. Intellectual Property. With the exception of your electronic medical record, Blink and Broadway Provider Group, as applicable, retain all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and 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 Site licensed by Blink or Broadway Provider Group (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 Blink or Broadway Provider Group, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Blink or Broadway Provider Group trademarks, service marks, and logos are strictly prohibited without the prior written permission of Blink or Broadway Provider Group, as applicable. The immediately foregoing sentence 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 Site without the written grant thereof by Blink, Broadway Provider Group, or the third party owner of such trademarks, service marks, and/or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
N. Reserved Right to Remove Information. Blink may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
O. Export Law Indemnification. You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold Blink and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Blink and its affiliates harmless against and from losses, damages, costs, and reasonable attorneys’ fees incurred in defending or resolving any suits brought against Blink or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.
P. Disclaimer of Warranties. BLINK DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED 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. BLINK DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
Q. Responsibility for Use. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. BLINK DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
R. Warranties. WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY BLINK ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY BLINK OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. BLINK DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. BROADWAY PROVIDER GROUP PROVIDERS DO NOT PRESCRIBE DEA CONTROLLED SUBSTANCES, SUCH AS THOSE CONTAINING OPIOIDS OR AMPHETAMINES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. BLINK DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
S. Limitation of Liability Regarding Use of Site. EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION: BLINK SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF BROADWAY PROVIDER GROUP OR ITS AFFILIATED HEALTHCARE PROVIDERS. BLINK AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF BLINK TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
X. Application Support; Functionality. All questions and requests relating to Site support must be directed to Blink. To submit a support request, please email us at [email protected] or call us at (844) 265-6444. The Select Third Parties, as defined below, are not responsible for providing support for the application portions of the Site and may not be contacted for support. Blink will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.
Y. Modified Devices and Operating Systems. Blink will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.
SUPPLEMENTAL TERMS APPLICABLE TO PROVIDERS
B. Medical Professional Use. To be a healthcare provider using the Site (for purposes of this section, “Provider” or “you”) you must be a licensed physician, nurse practitioner, or healthcare professional contracted or employed by Broadway Provider Group, and must agree to comply with all laws, medical board rules, and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Blink users (including, but not limited to, your Broadway Provider Group patients) is directly between you and the patient. The patient will never have a physician-patient relationship with Blink. Blink does not practice medicine and offers no medical services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices, and other interactions with patients and other consumers. Without limiting the generality of the foregoing, Provider and Broadway Provider Group is solely responsible for all billings and collections from patients and other consumers, and Blink shall have no liability whatsoever to Provider with respect to any amounts owed by any patient or other consumer to Provider.
C. No Professional Advice. Blink does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods, or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and Blink agree that Blink is not providing, to you or anyone else, medical advice or legal advice. THE BLINK SITE AND THE SERVICES ARE NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.
D. Telehealth. Provider will use the Site and Telemed Services only in accordance with applicable standards of good medical practice. While software products such as the Site and Telemed Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including, but not limited to, the provider/patient relationship, can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Telemed Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases Blink and waives any and all potential claims against Blink as a result of Provider’s use of the Site and Telemed Services, and the provision of services to Provider’s patients.
E. Indemnification. As a result of the complexities and uncertainties inherent in the patient care process, Provider agrees to defend, indemnify and hold Blink harmless from any claim by or on behalf of any patient of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Blink, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Site and Telemed Services. To the extent applicable, Provider will obtain Blink’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Blink or defect in the Site or Telemed Services. Blink will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement
F. Provider Content. If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images, or other materials to us or our Site (“Provider Content”) or provide any Provider Content to patients or other consumers, you agree not to provide any Provider Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, patients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Blink that you have the legal right and authorization to upload all Provider Content at the Site. Blink shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Blink desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium, or technology throughout the world. Blink is and shall be under no obligation: (i) to maintain any Provider Content in confidence; (ii) to pay to you any compensation for any Provider Content; or (iii) to respond to any Provider Content.
G. Reservation or Rights. Blink does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant Blink the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to patients or other consumers. Blink and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
COPYRIGHT/TRADEMARK INFORMATION. Copyright ©2020 Blink Health, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
HOW TO CONTACT US:
Blink Health, Inc.
1407 Broadway, Suite 2100
New York, NY 10018
Telephone: (844) 265-6444
Email: [email protected]