31 August 2018
1.USE OF THE APP.
Beam Health Group, LLC (“we “, “us”, or “our “, “Beam”, “Beam Health”), operates this Beam mobile application (the “App. Through the
2. ‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM.
The App is intended for use only on a mobile phone that runs an unmodified manufacturer approved
3. APP CONTENT.
Other than the personalized content we send you through an in-App message, you should not consider
4. USER ACCOUNTS.
When you register on the App, you need to create an account (“Account “) by entering your name, email address, password, and certain other information we collect. You may not transfer or share your Account password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You are responsible for changing your password promptly if you think it has been compromised. To change your password go into ‘Account’ within the App. We reserve the right to take any and all action, as it deems necessary or reasonable, regarding the security of the App and your Account. You may not use anyone else’s account at any time.
5. ACCESS RIGHTS.
Certain names, logos, and other materials displayed on the App may constitute trademarks, trade names, service marks or logos (“Marks “) of Beam or other entities. You are not authorized to use any such Marks without the express written permission of Beam. Ownership of all such Marks and the goodwill associated therewith remains with us.
9. RIGHT TO MODIFY.
10. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. WE PROVIDE THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS. Beam EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF
11.LIMITATION OF LIABILITY.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Beam OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OF THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope
CONSENT TO TELEHEALTH
Before you give your consent, please make sure you understand how using Beam Health, referred to as “Beam”, both the native
The service is provided by Beam Health Group, LLC. Beam does not provide any medical services. Beam partners with local physicians to give them the infrastructure to practice telemedicine. Our physicians are third-party beneficiaries of this Agreement.
NOT FOR EMERGENCIES
I understand that I should never use the App in an emergency. I understand that in an emergency, I should dial 911 or go to an emergency department.
I understand that the doctor has the right to refuse to take responsibility for my care if the doctor makes a professional judgment that I am not a good candidate for this service. I understand that making a request for treatment (by completing a visit and making payment) or sending a message through the App does not in and of itself create a duty of care or create a doctor-patient relationship. I understand that the doctor will take responsibility for my care only after the doctor has reviewed my request for treatment, reviewed all my information, and then subsequently determined that I am a good candidate for the telehealth services. I understand that there may be a delay until a doctor reviews and responds to any messages I send.
RISKS TO ELECTRONIC HEALTH INFORMATION