PHTS TERMS AND CONDITIONS

Welcome to the Practical Health Technology SolutionsTM LLC’s (hereinafter known as “PHTS,” “us” or “we”) website. Our mission is empowering people to live healthier and longer using the health information technology solutions we develop and implement.

GENERAL

These Terms and Conditions constitute a binding agreement between PHTS and any viewer or user (hereinafter collectively referred to as ‘you’ or ‘Your’ where applicable). If you disagree with any part of these Terms and Conditions please do not use our website. Your access and continued use of this website binds you to this agreement. PHTS reserves the right and at its own discretion, to change or modify any part of this website, Terms and Conditions, or the Terms and Conditions Policy in its entirety. Any changes made to this website or these Terms and Conditions shall be effective immediately upon posting. You agree to review these Terms and Conditions each time you access our website so that you are made aware of any such changes or modifications. Your continued use of the website indicates your acceptance of any changes or modifications.

ELIGIBILITY

Persons under the age of 18 are not allowed to view, register, enroll in any of our programs, or use this website without the consent and supervision, of their parents or legal guardians.

MyPHTS TM

PHTS currently owns and operates this website (the “Site”). MyPHTS is a web-based information and communication application service owned and administered by PHTS through the Site. MyPHTS application’s use is for displaying and viewing care management assessments, personal health records, personalized health education, and care coordination communication.

DEFINITIONS

Sponsor is any viewer or user of our website that is a licensed physician or other qualified healthcare professional, qualified healthcare practice or organization, or qualified health plan that has entered a service agreement with PHTS to provide use of the MyPHTS application to members the sponsor invites. Sponsors must have an active Sponsor account in the system and must be compliant with the PHTS Terms and Conditions for Sponsors.

Care Coordination Member is any MyPHTS viewer or user invited by a Sponsor to use the MyPHTS application. Care Coordination Members must be a person engaged in treatment, care plan, care coordination, care management, or healthcare beneficiary relationship with a Sponsor or Care Partner. Care Coordination Members must have active registrations using a registration code provided in an invitation by a Sponsor to use the MyPHTS application member services and must be compliant with the PHTS Terms and Conditions for Members.

Care Partner is any MyPHTS viewer or user invited by a Sponsor to use the MyPHTS application. Care Partners must be other licensed physicians or other qualified healthcare professionals or other qualified healthcare practice organizations, or qualified health plans designated by a Care Coordination member’s Sponsor(s) as permitted by law. Care Partners must have active registrations using a registration code provided in an invitation by a Sponsor to use the MyPHTS application care partner services and must be compliant with the PHTS Terms and Conditions for Sponsors and Care Partners.

CHARGES AND BILLING FOR CARE COORDINATION MEMBERS

The charge is free for Care Coordination Members.

Care Coordination Members use MyPHTS by invitation from a Sponsor that has entered a service agreement with PHTS to use MyPHTS and provide use of the MyPHTS program to members the Sponsor invites. By registering for this website, you are accepting your Sponsor’s invitation to use the MyPHTS. As a Care Coordination Member, you will not be charged a member registration fee by PHTS when you register using the registration code provided to you by your Sponsor. You will have access to using specific care coordination member information on MyPHTS including but not limited to My Self-Assessments. For your registration as a Care Coordination Member to be active, you must have at least one Sponsor in an active service agreement with PHTS, with an active Sponsor account in the system, and compliant with the PHTS Terms and Conditions for Sponsors. If for any reason you cease to meet the eligibility requirements of a Care Coordination Member, your membership will be cancelled and you will not have access to viewing or using MyPHTS program.

CHARGES AND BILLING FOR CARE PARTNER MEMBERS

The charge is free for Care Partner Members.

Care Partner Members use MyPHTS by invitation from a Sponsor that has entered a service agreement with PHTS to use MyPHTS program and provide use of the MyPHTS program to members the Sponsor invites. Care Partners are other providers of healthcare services to a Care Coordination Member designated by a Care Coordination member’s Sponsor(s) as permitted by law. A designated Care Partner may be a licensed physician, other qualified healthcare professional, qualified healthcare practice, qualified healthcare organization, or qualified health plan. Care Partners must complete the PHTS credentials verification process. By accepting a Care Partner Member invitation and registering for this website, you are accepting your Sponsor’s invitation to use the MyPHTS as a Care Partner Member. As a Care Partner Member, you will not be charged a member registration fee by PHTS when you register using the registration code provided to you by your Sponsor. You will have access to use MyPHTS program to view Care Coordination Reports on MyPHTS only as permitted by law. For your registration as a Care Partner Member to be active, you must have at least one Sponsor in an active service agreement with PHTS, with an active Sponsor account in the system, and compliant with the PHTS Terms and Conditions for Sponsors. If for any reason you cease to meet the eligibility requirements of a Care Partner Member, your membership will be cancelled and you will not have access to viewing or using MyPHTS program.

You may upgrade your Care Partner membership to Sponsor membership at any time by submitting a Sponsor application.

CHARGES AND BILLING OF SPONSORS

The charge is not free for Sponsors.

A Sponsor may be a licensed physician, other qualified healthcare professional, qualified healthcare practice, qualified healthcare organization, or qualified health plan. Sponsor must complete the PHTS credentials verification process. Sponsor must also enter a service agreement with PHTS to use MyPHTS program and provide use of the MyPHTS program to members the Sponsor invites. By registering for this website, a Sponsor hereby authorize PHTS and/or Third Parties to charge Sponsor in advance for all applicable fees incurred by Sponsor in connection with Sponsor’s chosen service and registration for Sponsor account. Sponsor hereby understand and agree that in most cases, PHTS and/or an affiliated Third Party will be charging your designated credit card in accordance with the payment schedule of the service for which you have registered, but some service fees may accumulate on your credit card account before they are actually charged to Sponsor credit card. Sponsor further understand and agree that it is Sponsor’s responsibility to notify PHTS of any changes to Sponsor ‘s credit card or if Sponsor credit card has expired otherwise Sponsor’s access to the Service may be disconnected or interrupted. All fees shall be paid in U.S. dollars. Irrespective of whether payment is made by designated credit card or other agreed payment method, Sponsor hereby authorize PHTS and/or Third Parties to charge Sponsor in advance for all applicable fees incurred by Sponsor in connection with Sponsor’s chosen service and registration for Sponsor account. PHTS reserves the right to change any fees (which includes but is not limited to, charging a fee for packages, options, upgrades and/or as service for which PHTS does not currently charge a fee) or billing methods at any time. PHTS also has the right to collect applicable taxes and impose premium surcharges for some services and these surcharges may apply immediately after Sponsor registers for the associated service. Sponsor may cancel Sponsor’s Account or any associated optional or upgraded services therefore at any time, but PHTS will not refund any remaining portion of Sponsor pre-paid fees and Sponsor may be charged an additional cancellation fee.

REGISTRATION AND PASSWORD

You are responsible for maintaining the confidentiality of your login ID and password (“Registration”). You shall be responsible for all uses of your Registration, whether or not authorized by you. You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current and complete information about yourself as submitted to PHTS, and (ii) maintain and promptly update your Registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PHTS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. PHTS has the right to immediately suspend or terminate your account and refuse any and all current or future use of this website, or related products and services (or any portion thereof). Through your use of this website and related services you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you, including the transfer of this information to the United States and/or other countries for storage, processing and use by PHTS and its affiliates.

 

 

USE OF THE WEBSITE

By accessing the website, you warrant and represent to PHTS that you are legally entitled to do so and to make use of information made available via the website just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the sections of the website available to you, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Websites.

Becoming a Registered User

As a registered user with PHTS, you will be provided access based on the level of service subscribed to. You must register in accordance with instructions that you will find on this Website to enjoy our services. For your registration to be active, you must be in a service agreement with PHTS and the amount required for the level of service you subscribed to must be paid and valid. Additionally, for your registration to be active, you must comply with the PHTS Terms & Conditions for Sponsors. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse you service.

Conflict of terms

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Password and User Security

If you are a registered user of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

FOOD DATABASE AND NUTRITIONAL INFORMATION

MyPHTS uses the PHTS food database for evaluation and to proffer recommendations to assist you in attaining your weight loss and general health goals. The PHTS food database contains nutritional information entered directly by PHTS. The PHTS food database nutritional information is also periodically updated with new information entered by PHTS and other PHTS program or PHTS plan enrollees. Please be advised that nutritional information in the PHTS food database has not been reviewed by nutritionists or other specialists with the expertise required to provide you with complete, accurate, or reliable information. PHTS does not guarantee, adopt, endorse, or accept responsibility for the accuracy, completeness, usefulness, or reliability of any nutritional recommendation made to you. Under no circumstance will PHTS be responsible for any loss or damage resulting from your reliance on nutritional information from the PHTS food database or nutritional recommendations made to you by MyPHTS or any other PHTS program or plan.

INTELLECTUAL PROPERTY

Practical Health Technology Solutions LLC, MyPHTSTM, Practical Weight Management, and any other associated marks, names, or variations thereof, logos or other form of materials displayed on this website constitute trademarks, trade names, service names, trade dress or any other proprietary rights of the Practical Health Technology Solutions LLC.

This website and all information contained herein including but not limited to, software, videos, text, graphics, articles, sounds and photos, (collectively referred to as ‘materials’) are copyrighted by the PHTS and/or other applicable rights holders, under the United States copyright laws and all applicable International laws. You may not distribute, publish, display modify, transmit, sell or participate in any sale of, create derivative works, or exploit, any of the materials in whole or part of this website or any other associated software owned by the PHTS.

You may not disassemble or reverse engineer this website, MyPHTS application, or any other associated software owned by PHTS. You may not remove any copyright notices from this website, MyPHTS application, or any other associated software owned by PHTS.

You may download and reprint only your PHTS report and no other materials from this website for your own personal non-commercial use only. Any other use is strictly prohibited. This permission does not transfer any legal rights, title, or interest, whatsoever in such downloaded or copied material. All rights to the materials on this website and associated software(s) remain reserved to PHTS and other applicable entities.

MEDICAL DISCLAIMER

  1. PHTS is NOT a medical provider nor is it a medical organization. Enrollment in any of the PHTS Programs or Plans does NOT constitute or establish a physician-patient relationship.
  2. PHTS does not diagnose or treat any form of medical conditions nor prescribe medications.
  3. The recommendations for health screening provided by the PHTS MyPHTS application are based on the recommendations from the United States Preventive Services Task Force (USPTF).

Members are not obligated to follow any recommendations provided to you by PHTS.

  1. Any health related information collected by the PHTS in any of its Plans and Programs, is used only for communication and to provide personalized educational information to assist you in attaining your general health and wellness goals. This is not to be construed as medical treatment or diagnosis.
  2. PHTS is not a substitute for medical treatment. We advise members to seek the advice of a licensed physician or any other qualified health care provider if members have any questions regarding personal health or medical conditions. MEMBERS SHOULD NOT DISREGARD, DELAY, OR AVOID OBTAINING APPROPRIATE MEDICAL ADVICE FROM THEIR PERSONAL DOCTOR BECAUSE OF SOMETHING MEMBERS READ ON THIS WEBSITE.
  3. The opinions of providers or writers as expressed in the articles or other form of information presented on this website are not necessarily those of PHTS.
  4. Any physician or qualified healthcare professionals that PHTS may provide you information about at your request are NOT employees or contractors of the PHTS. Information about such physicians or qualified healthcare professionals is advertisement and not to be construed as an endorsement or medical referral.
  5. Members are to always seek the counsel of your Physician before you embark on any weight loss program or exercise regimen.
  6. Neither PHTS nor the MyPHTS application directly or indirectly practice medicine or dispense medical services and, as such, assume no liability for data or function contained in our website, programs, or services.
  7. You must never use MyPHTS nor any other PHTS Program or Plans for urgent communication with members. Instead contact members urgently through other more suitable means at your independent discretion and judgment.
  8. Neither PHTS nor the MyPHTS application replaces the independent discretion and judgment of a licensed physician or any other qualified healthcare professional.
  9. You assume full responsibility for the appropriate use of information contained in the website, program, or services including compliance with any applicable existing laws (local, national or international), and agree to hold PHTS and MyPHTS application harmless from any and all claims or actions arising from your use of PHTS website, programs, or services.

 

LEGAL DISCLAIMER

THIS WEBSITE AND ANY INFORMATION CONTAINED HEREIN OR PROVIDED IN ANY OF OUR PROGRAMS OR PLANS IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITTLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WE SHALL REGARD ALL ACCESS TO OUR WEBSITE OR PRODUCTS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER.

We do not guarantee continuous, uninterrupted or secure access to our website and or associated Program or Plans. The operation of this website and any of our Programs or plans, may be interfered with by forces which may be outside our control or due to periodic scheduled maintenance actions.

ACCEPTABLE USE POLICY

You remain liable and fully responsible for any acts, omissions, or representations, made by you on or through this website.

You may NOT:

  • Use this website in any manner construed by PHTS to be, illegal, defamatory, unlawful, an intentional misrepresentation, obscene, pornographic, threatening, inflammatory, unlawful solicitation of minors, abusive, tortuous, hateful, discriminatory, an invasion of another’s privacy or, in any other way objectionable.
  • Use this website in a manner which infringes on another’s Intellectual Property proprietary rights such as but not limited to; copyrights, trademarks, trade secrets, patents, trade dress.
  • Use this website in a manner that poses a security risk or interfere with the operation of this website such as but not limited to; attempt to gain unauthorized access to other user accounts or computer systems through hacking or other means, transmit unsolicited email or information, the use of robot, spider, or any other intelligent agent software or device to monitor this website or retrieve any portion of this website or other associated computer systems.
  • Transmit any information that may introduce software virus or any other computer programming designed to damage, interfere with, or limit the functionality of this website or any other computer system or telecommunications equipment.
  • Use this website in violation of any existing laws (local, national or international), these Terms and Conditions, and any of PHTS business activities or goodwill.
  • Assist anyone to engage in any of the activities or practices described above.