Genesis Health International Inc. Date of Last Revision: October 29, 2024
AMONG OTHER ACTIVITIES, GENESIS HEALTH'S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE. THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS. THIS MEANS THAT (I) YOU ARE GIVING UP, AND YOU WAIVE, THE RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR A JUDGE (EXCEPT AS SET FORTH EXPRESSLY IN SECTION 16), AND (II) THAT YOU ARE GIVING UP, AND YOU WAIVE, THE ABILITY TO PURSUE ANY SUCH DISPUTE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE SEE SECTIONS 6, 9, 10 AND 16 FOR MORE INFORMATION.
Introduction
Genesis Health International Inc. (collectively, "Genesis Health," "we," "us," or "our") owns and operates the websites located at www.trygenesis.com (the "Website"), and other services provided by Genesis Health together herein as the "Services." In these Terms of Use, the terms "you" and "yours" refer to the person using the Services. These terms and conditions of use ("Terms of Use") describe your rights and responsibilities with regard to the Services. Your access to and use of the Services is subject to these Terms of Use, our Privacy Policy, as well as all applicable laws and regulations. In using certain parts of the Services, you may be presented with additional or supplementary terms regarding the use of those specific Services, and you agree to review and be bound by such additional terms.
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES. YOU UNDERSTAND THAT BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES. THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
1. Services Overview, Availability, and Eligibility
Overview of the Services
The Services may include (i) providing individuals with information on weight management, health care and wellness; (ii) providing individuals with access to pharmacy services; (iii) providing individuals with access to technology-oriented tools for addressing certain health issues; (iv) development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and pharmacy services; (v) administrative support in connection with scheduling, payment for health care provider services, and payment for pharmacy services; and (vi) telecommunications support for using the Services as a means of direct access to a health care provider for communication, consultations, assessments, and treatment by such health care organizations and their providers.
Availability
Certain Services are currently only available to individuals located in certain states. You will be provided with notice of such limitations on availability of certain Services in your location when using those parts of the Services. Genesis Health is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain states. You may not access the Services from outside one of the states in which Genesis Health providers are licensed.
NEITHER GENESIS HEALTH NOR THE AFFILIATED PROFESSIONAL ENTITIES MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE CONTINUED AVAILABILITY OF GENESIS HEALTH. GENESIS HEALTH MAY BE DISCONTINUED AT ANY TIME AT THE SOLE DISCRETION OF GENESIS HEALTH AND/OR THE AFFILIATED PROFESSIONAL ENTITIES. YOU WILL BE GIVEN 30 DAYS' NOTICE OF ANY SUCH DISCONTINUATION SO THAT YOU MAY FIND A LOCAL PROVIDER WITH WHOM TO CONTINUE TREATMENT.
Eligibility
Our Services are intended for use by you only if you are 18 years of age or over. To qualify to use the Services, the following must be true, and by accessing or using the Services, you represent and warrant that:
You are 18 or over. You are located in a state where we operate (depending on the type of Services). You agree to be legally bound by and comply with these Terms of Use. You understand and agree that satisfying the above requirements does not guarantee that you will receive Services.
In addition to the above requirements, Genesis Health and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you. To access or use the Services, you must have compatible devices, access to the Internet, and certain necessary software. Fees and charges may apply to your use of mobile services and to the Internet.
2. Telehealth and Pharmacy Services
Telehealth Services
Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:
Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider; Interactions between a patient and health care provider via audio, video, and/or data communications; and Use of output data from medical devices, sound, and video files.
The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and will include measures to safeguard your data to ensure its integrity against intentional or unintentional corruption. By accepting these Terms of Use, you agree and consent to Genesis Health, the affiliated physician practices, the health care providers contracted or employed by the affiliated physician practices, and any other health care organization(s) or provider(s) with whom we partner to provide the Services to you sending you disclosures, notices, messages, reports, and other communications.
Your Relationship with Genesis Health
Genesis Health does not provide any medical services, including via the Services. Rather, Genesis Health provides a technology platform for you to access a health care provider who is employed or contracted with a Genesis Health affiliated physician practice and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are for informational purposes only, and are not a substitute for direct in-person health care services in all cases; nor are they an indicator of specific results.
3. No Insurance Accepted; Notice of Your Financial Responsibility
Genesis Health and the affiliated physician practices do not accept commercial health insurance plans and are not in-network with any commercial health insurance plans, and are not enrolled with federal or state healthcare programs, such as Medicare and Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. Thus, you are solely responsible for the costs of any services or products provided to you. If you are a federal health program beneficiary, you agree that neither you, Genesis Health, the affiliated physician practices, or any of the health care organization(s) or provider(s) with whom we partner to provide health care and pharmacy services to you will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services.
4. Pharmacy Services
If you receive a prescription as a result of your use of the Services, you will get matched with one of Genesis Health's partner pharmacies to ship your prescription. If you want to use a pharmacy other than one of Genesis Health's partner pharmacies, you must email info@tryegenesis.com with your selection. You give us consent to send and disclose to the partner pharmacy or the pharmacy of your choice all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services. If you select to use Genesis Health's partner pharmacy to fulfill any prescriptions, you acknowledge that your medication will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.
5. Registration and Account Creation
Although certain parts of the Services are accessible without creating an account, you may be required to create an account to access and use certain parts of the Services. If you create an account, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to Genesis Health. If you do not maintain such information, or Genesis Health has reasonable grounds to suspect as much, Genesis Health has the right to suspend or terminate your account and your use of the Services.
You agree to keep confidential your username and password and to exit from your account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You also agree to immediately notify Genesis Health of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Genesis Health at info@tryegensis.com. Genesis Health may take any and all actions it deems necessary or reasonable to maintain the security of the Services.
You may not transfer or share your password with anyone or create more than one account. You may not use anyone else's account at any time. Genesis Health explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.
6. Privacy and Data Security
Genesis Health understands the importance of confidentiality and privacy regarding your health information. All information collected through the Services is governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. The Privacy Policy explains how Genesis Health collects, uses, and discloses information that we obtain through your use of the Services.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. However, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential.
7. Ownership and License to Use the Services
Ownership
As between Genesis Health and you, Genesis Health is the sole and exclusive owner of all right, title and interest in and to the Services and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel) ("Services Content"). You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Services or Services Content except as permitted by these Terms of Use or otherwise by Genesis Health expressly in writing.
Your License
Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Services and Services Content solely for your personal and non-commercial use and only as permitted under these Terms of Use and the Privacy Policy. No other right, title, or interest in or to the Services or Services Content is transferred to you, and all rights not expressly granted are reserved by Genesis Health or its licensors.
8. Restrictions on Use
You agree that in using or accessing the Services, you will not:
a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
b) violate any local, state, national or international law;
c) reverse engineer, disassemble, decompile, or translate any software or other components of the Services;
d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code;
e) access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party;
f) use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express prior written permission;
g) create or develop competing products or services or for any other purpose that is to Genesis Health's detriment or commercial disadvantage;
h) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Services;
i) post, transmit or otherwise disseminate any content that is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, or otherwise objectionable;
j) attempt to obtain personal information from other users or engage in spamming or harvesting of information.
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GENESIS HEALTH AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED INDEPENDENT PHYSICIANS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY "RELATED PERSONS") MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES.
We do not warrant that:
- The Services will meet your requirements
- The Services will be uninterrupted, timely, secure, or error-free
- The results that may be obtained from the use of the Services will be accurate or reliable
- The quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations
- Any errors in the Services will be corrected
10. Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GENESIS HEALTH, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES.
IN NO EVENT SHALL GENESIS HEALTH OR ITS RELATED PERSONS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
11. Indemnification
You agree to defend, indemnify, and hold harmless Genesis Health, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services' content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
12. Termination
The Terms of Use will remain in full force and effect as long as you continue to access or use the Services. You may terminate the Terms of Use at any time by discontinuing use of the Services. Your permission to use the Services automatically terminates if you violate these Terms of Use.
Genesis Health may terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use. In the event of termination, you are no longer authorized to access the part of the Services affected by such termination.
The provisions relating to Ownership, Warranty Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution shall survive any termination.
13. Governing Law
These Terms of Use and your use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule. You agree that any legal action or proceeding between you and Genesis Health shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Delaware.
14. Communications by Text Message and Email
By providing your mobile phone number to Genesis Health, you agree to receive text messages at that number as requested for account verification, appointment reminders, and other purposes related to the Services. While there is no charge from Genesis Health for these messages, your carrier's message and data rates may apply.
You also agree to receive email communications from us related to your use of the Services. You can opt-out of marketing communications at any time, though we reserve the right to continue sending you non-marketing emails related to your account and your use of the Services.
15. Changes to Terms of Use
We reserve the right to update or modify these Terms of Use at any time without prior notice. Any changes will be effective immediately upon posting the revised version on our website. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.
16. Contact Information
Questions about the Terms of Use should be sent to us at info@trygenesis.com
Legal Disclaimer
Genesis Health International Inc. is a telemedicine platform that facilitates connections between independent licensed healthcare providers and patients. We do not directly provide medical services. All medical services, including prescriptions, are provided by independent healthcare professionals. Prescriptions are written at the sole discretion of licensed providers based on medical necessity.
*Disclaimer: FDA-approved medications like Wegovy®, Ozempic®, Mounjaro™, and other GLP-1 medications are proprietary to their respective manufacturers. Genesis Health is not associated with or endorsed by these companies or their products. We do not supply these medications. Individuals interested in these products should consult with their licensed healthcare provider or pharmacist.
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