INFORMED CONSENT REGARDING USE OF TELEHEALTH
Last updated: January 16, 2023
All JOE PILL users hereby agree to the telehealth consent.
IF YOU ARE EXPERIENCING A LIFE-THREATENING SITUATION, CALL 911. IF YOU ARE CONTEMPLATING SUICIDE, CALL THE 988 SUICIDE & CRISIS LIFELINE AT 988.
PURPOSE The purpose of this consent form (“Consent”) is to provide you with information about telehealth and to obtain your informed consent to the use of telehealth in the delivery of healthcare and/or mental health services to you by physicians, physician assistants, nurse practitioners, and/or mental health professionals (“Providers”) using the online platforms owned and operated by JOE PILL and/or its subsidiaries (the “Service”). In this Consent, the terms “you” and “yours” refer to the person using the Service, or in the case of a use of the Service by or on behalf of an individual minor between the ages of thirteen (13) and eighteen (18) or higher age of majority under applicable state law, “you” and “yours” refer to and include (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of such minor, and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized.
USE OF TELEHEALTH Telehealth involves the delivery of healthcare and/or mental health services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to, one or more of the following: electronic transmission of medical records, photo images, personal health information or other data between a patient and a provider; interactions between a patient and provider via audio, video and/or data communications (such as messaging or email communications); use of output data from medical devices, sound and video files. Alternative methods of care may be available to you, such as in-person services, and you may choose an alternative at any time. Always discuss alternative options with your Provider.
ANTICIPATED BENEFITS The use of telehealth may have the following possible benefits: making it easier and more efficient for you to access medical care or other services and treatment for the conditions treated by your Provider(s); allowing you to obtain medical care or other services and treatment by Provider(s) at times that are convenient for you; and enabling you to interact with Provider(s) without the necessity of an in-office appointment.
POTENTIAL RISKS While the use of telehealth in the delivery of care can provide potential benefits for you, there are also potential risks associated with the use of telehealth and other technology. These risks include, but may not be limited to the following: the quality, accuracy or effectiveness of the services you receive from your Provider could be limited; technology, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology, including the Service, unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost; failures of technology may also impact your Provider(s) ability to correctly diagnose or treat your condition; the inability of your Provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the Provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you; your Provider(s) may not able to provide treatment for your particular condition and you may be required to seek alternative healthcare or emergency care services; delays in medical evaluation/treatment could occur due to unavailability of your Provider(s) or deficiencies or failures of the technology or electronic equipment used; the electronic systems or other security protocols or safeguards used could fail, causing a breach of privacy of your medical or other information; data stored and communicated electronically, for example, through email communications, may be more susceptible to unintended disclosure of protected health information to third parties; given regulatory requirements in certain jurisdictions, your Provider(s) diagnosis and/or treatment options, especially pertaining to certain prescriptions, may be limited; a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
DATA PRIVACY AND PROTECTION The electronic systems used in the Service will incorporate network and software security protocols to protect the privacy and security of your information and will include measures to safeguard data against intentional or unintentional corruption. Personal information that identifies you or contains protected health information will not be disclosed to any third party without your consent, except as authorized by law for the purposes of consultation, treatment, payment/billing, and certain administrative purposes, or as otherwise set forth in your Provider’s Notice of Privacy Practices. Use of the Service may include email communications to and from you that may include your protected health information. You understand that JOE PILL does not and cannot guarantee the security or privacy of the services you use to receive communications, including for example your email service provider.
YOUR ACKNOWLEDGMENTS By clicking “I Agree”, checking a related box to signify your acceptance, using any other acceptance protocol presented through the Service or otherwise affirmatively accepting this consent, you are agreeing and providing your consent with respect to the following: Healthcare services provided to you by Providers via the Service will be provided by telehealth. In some cases, your treating Provider may be a nurse practitioner or physician assistant and not a physician, and you agree to be treated by non-physician providers, if applicable, by using the Service. Technology used to deliver care, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that you receive from your Provider(s). The delivery of healthcare services via telehealth is an evolving field and the use of telehealth or other technology in your medical care and treatment from Provider(s) may include uses of technology different from those described in this Consent or not specifically described in this Consent. No potential benefits from the use of telehealth or other technology or specific results can be guaranteed. Your condition may not be cured or improved, and in some cases, may get worse. There are limitations in the provision of medical care or other services and treatment via telehealth and technology, including the Service, and you may not be able to receive diagnosis and/or treatment through telehealth for every condition for which you seek diagnosis and/or treatment. There are potential risks to the use of telehealth and other technology, including but not limited to the risks described in this Consent. You have the opportunity to discuss the use of telehealth, including the Service, with your Provider(s), including the benefits and risks of such use and the alternatives to the use of telehealth. Your Provider(s) will assess your medical condition and, in their sole discretion, may determine it is medically appropriate to diagnose and/or treat your condition via telehealth. By continuing to use the Service, you concur with your Provider’s medical assessment and agree to receive a diagnosis and/or treatment via telehealth technology. You have the right to withdraw your consent to the use of telehealth in the course of your care, without prejudice to any future care or treatment and without risking the loss or withdrawal of any health benefits to which your entitled, but you understand that the Providers who utilize the Service do not offer in-person treatment. Any withdrawal of your consent will be effective upon receipt of written notice to your Providers, except that such withdrawal will not have any effect on any action taken by Hims & Hers or your Provider(s) in reliance on this Consent before it received your written notice of withdrawal. Any withdrawal of your consent will not affect any other provision of this Consent, and you will continue to be bound by this Consent. You understand that the use of the Service involves electronic communication to and from you of your personal medical information in connection with the provision of telehealth services, including through email. You understand that it is your duty to provide JOE PILL and your Provider(s) truthful, accurate and complete information, including all relevant information regarding care that you may have received or may be receiving from healthcare and/or mental health providers. You understand that each of your Provider(s) will assess your medical condition and, in their sole discretion, may determine it is medically appropriate to diagnose and/or treat your condition using telehealth technology, including the Service. By continuing to use the Service, you concur with your Provider’s medical assessment and agree to receive a diagnosis and/or treatment via telehealth technology. You understand that each of your Provider(s) may determine in their sole discretion that your condition is not suitable for diagnosis and/or treatment using telehealth technology, including the Service, and that you may need to seek care and treatment from a specialist or other healthcare provider, outside of such telehealth technology. You acknowledge and hereby release and hold harmless JOE PILL and all members of the care team from any loss of data or information due to technical failures associated with the telehealth/telemedicine service.
TERMS AND CONDITIONS OF USE
Last Modified: December 2, 2022
Accessing the Website and Account Security
- Making all arrangements necessary for you to access the Website; and
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from any link to the Joe Pill site at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or any other personal information.
Healthcare Services Consent
The Company provides medical- and health-related products and services through the Website (the “Services”). By using the Website and registering for the Services, you agree that the Website and Services are provided to you at the sole discretion of the Company. The Services are limited to diagnosing and treating certain non-emergency medical conditions, and the information on this Website should not replace or be used without the consent and advisement of a physician. If you have a medical emergency, immediately call your doctor or dial 911.
The Services may require use of long-distance communication and transmission of information, including by telephone, internet, or other electronic means. These means may be necessary for interactions with medical professionals such as physicians or other healthcare providers, including for the diagnosis and treatment of your medical conditions, and for transmitting your personal medical information. By using the Website or purchasing a product or service from the Company, you consent to the use of telephonic and electronic means of communication and transmission, including of your personal medical information. Users/patients of The Company understand that patient medication information is provided on the site and fully understand how to access patient medication information sheets on the site with a dedicated page “Patient Information Center”. User understands The Company’s commitment to digital eco-friendly paper free patient medication information.
By using the Website, you agree that the Services are not currently reimbursable from Medicaid, Medicare, or other healthcare programs provided by the government, and may not be reimbursable from any private or commercial insurers or healthcare payors. Furthermore, payments may not be made to Company by any third-party healthcare payer such as Medicaid, Medicare, Tricare, healthcare cost sharing program or commercial health insurance.The Company provides the Services to you online; you consent and agree to allow the Company to provide you with medical care. You may withdraw this consent at any time by notifying the Company of your intent to withdraw. Joe Pill does not bill insurances (electronically or paper), does not honor discount cards, or accept any form of government assistance; nor does Joe Pill assist patient(s) or their insurance(s) with any form of either electronic or paper billing or assistance of any kind for third party reimbursement. Sharing of prescription medication with others who are not the intended patient of Joe Pill is not allowed and can lead to medical and legal problems. Joe Pill patients agree not to share medication(s) with others.
Online Purchases and Charges
The Company bills you for the Services through your Online Account. By registering for an Online Account, you agree to provide and maintain a working credit card or other payment method (a “Payment Method”), and you authorize the Company to use your Payment Method to pay for any Services purchased under your Online Account and to correct any error it makes regarding payments through your Online Account. You further agree to provide and maintain complete and current information for your Online Account, including your personal information, billing information and addresses, and any information related to your Payment Method. You also agree to pay the Company the then-current fees for the Services used by you or any other person through your Online Account.
All transactions and charges to your Payment Method will be processed through an online payment processor provided by a third-party vendor. By providing the Company with your Payment Method, you authorize the Company to share your payment information with third-party processors and to acquire your updated payment information from third party vendors or your payment provider. By providing your Payment Method, you also agree to pay all fees and amounts charged to your Online Account, any third party processing fees, and all payments, penalties, fees, or other liabilities, including expenses, court costs, and reasonable attorney’s fees, to the Company or a third party arising from your Online Account or authorized payments to the Company.
The Company will not refund any Services, in full or in part. All sales of Services and payments to the Company are final and irrevocable. By registering your Online Account, you agree that to the Services and that your purchases and payments are not eligible for a refund.By using Joe Pill, you waive all claims against the Company relating to unauthorized payments or purchases made under your Online Account, to the maximum extent permitted by law. If there was a genuine unauthorized purchase made under your Online Account, you may send a request to the Company by mail at Joe Pill PO BOX 8030, Horseshoe Bay, TX 78657) with the subject line “Unauthorized Payment Claim” within 20 days of the payment, and the Company will conduct a reasonable investigation of your claim. If the Company, in its sole discretion, determines the payment was unauthorized, the Company may assist in correcting the payment. You must provide: (1) your personal information, including contact information, email address, and your account username; (2) the requested Services, Payment Method, date, and amount of the payment; (3) a detailed explanation of the payment and why you believe it was unauthorized; and (4) how you prefer to be contacted regarding the claim.
ALL TRANSACTIONS ARE ONE TIME PURCHASES AND ARE NOT SUBSCRIPTIONS OR FOR ANY REOCCURING GOODS OR SERVICES.
Packaging of Products
By purchasing from us , you agree and acknowledge that our products, which may include medication for your condition, may not be shipped in child-proof or child-resistant packaging. You further agree and acknowledge that it is your responsibility to keep these products and medications out of the reach of children or animals and stored at room temperature, and that the Company, to the maximum extent permitted by law, will not be liable for any injury or claim relating to your failure to keep the products or medication out of the reach of children or animals. Some medication is placed in packaging designed for minimal disruption during travel and is not child resistant. User understands the limitations of packaging that may or may not be child resistant and agrees to keep all medication away from children and animals and stored at room temperature. User agrees not to share medication(s) with others.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution;
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; and
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site;
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
The Company name, logos, and other materials provided on the Website, including other related product and service names, designs, and slogans, may be trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. Prescription Travel Pack™ is to be considered trademarked.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Website;
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, ITS AFFILIATES, LICENSEES, OR SERVICE PROVIDERS OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote or assist any unlawful act;
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- Impersonate any person or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Communication to You
Regardless of the type of information being transmitted, whether private health information, or non-personal information, you grant Company the right to communicate to You in any method Company so chooses. All communication will comply with applicable law. Patient drug information sheets will not be mailed and instead are visible digitally to comply with our platform’s Go Green policy. User agrees to digital drug information sheets for prescriptions.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website;
- Send e-mails or other communications with certain content, or links to certain content, on this Website; and
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you;
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
- Link to any part of the Website other than the homepage; or
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the State of Texas, and access to the Website from another state is prohibited. We make no claims that the Website or any of its content is accessible or appropriate outside of the State of Texas. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the State of Texas, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The products and services provided on the Website, including all medical-related products and services, are subject to any and all warnings, restrictions, and limitations provided by the manufacturers of said products and services and by all applicable local, state, and federal laws. You are responsible for obeying all local, state, and federal laws as they relate to the purchase, sale, possession, and use of the products and services provided by the Company. The Company may change the availability of any product or service, along with any prices, content, images, descriptions, or any other information regarding the products and services offered by the Company at the Company’s sole discretion and without notice to you. The Company, at its sole discretion, may prevent or deny any order, purchase, method of payment, or use of a promotional coupon or code without notice to you. You agree to the Company’s digital eco-friendly provision of patient medical information. Medications taken in addition to those received on joepill.com should undergo a drug utilization review by your primary care pharmacy, not Joe Pill. Notification of medication received or utilized by a joepill.com patient to the patient’s other medical providers is strictly the responsibility of the patient.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This website is operated by JoePill PO BOX 8030 Horseshoe Bay, TX 78657
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to our mailing address: Joe Pill, PO BOX 8030, Horseshoe Bay, TX 78657
NO USE BY MINORS PERMITTED
Minors are under the age of 18 are not permitted to use this website. We do not knowingly solicit data from or market to children under 18 years of age. By using the website, you agree and represent that you are at least 18. If you become aware of any data we have collected from children under age 18, please contact us at
PO Box 8030
Horseshoe Bay, TX 78657
For each Request for Removal of Minor Information, please state “Removal of Minor Information” in the letter subject line, and clearly state the following in the body of the request:
- Clear statement of your request;
- The type of identification of content to be removed;
- Identify the location of the content to be removed by stating the applicable URL; and
- Name, mailing address and email address.
The foregoing is a description of voluntary practices concerning the collection of personal information through the website from certain minors, and is not intended to be an admission that we are subject to any international, federal, state, or local laws, rules, or regulations.
PROTECTED HEALTH INFORMATION
By accessing or using any part of the website, you are acknowledging receipt of the applicable privacy practices.
When you use the website, we collect the following information:
- Name, address and contact information;
- Gender and date of birth;
- Device information;
- Online activity information;
- Browser information;
- Application information;
- IP address;
- Network information;
- Hardware and software attributes;
- Cookie information;
- Billing, payment and shipping information;
- Health history information;
- Pharmaceutical history and requests;
- Electronic signature;
- Photographic or video images submitted for identification or diagnosis or treatment purposes; and/or
- Any other information you provide when you contact or communicate with us.
If accessing the website through a mobile device we may collect the identification and contact information associated with your device and the device’s geolocation.
We may also collect medical information, which may include:
- Past or present diagnoses information;
- Past or present treatment plans;
- Healthcare provider notes;
- Pastor or present healthcare provider and applicable visit information;
- Images or videos you share for diagnosis or treatment; and/or
- Communications with healthcare providers.
HOW INFORMATION IS COLLECTED
JoePill collects your information in a variety of ways. Specifically, there is information that is provided by you, information we collect from you, and information collected from third-parties.
Provided By You:
Information provided by you is from points of access, such as login information, in our website and user generated content, provided, uploaded or otherwise imported by you through our website, such as profile information and use generated information. If you are asked for information in use of the website, that information is collected by JoePill, regardless of whether it is personal or non-personal information.
As a business associate of a healthcare provider, JoePill may receive medical information about, subject to HIPAA and other applicable laws.
Provided by third-parties:
We may also receive information from third parties that pay for your care or provide you with treatment, laboratory care or prescription medication, which may include, for example, your prescription history, and laboratory test results.
Finally, JoePill might use various tracking, data aggregation and/or data analysis technologies, including, for example, the following:
- Cookies, which are small data files (e.g., text files) stored on the browser or device you use to view a website or message. They may help store user preferences and activity and may allow a website to recognize a particular browser or device. There are several types of cookies, including, for example, browser cookies, session cookies, and persistent cookies. Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website. Most major browsers are set up so that they will initially accept cookies, but you might be able to adjust your browser’s or device’s preferences to issue you an alert when a cookie is downloaded, or to block, reject, disable, delete or manage the use of some or all cookies on your browser or device. Cookies can be set by the website owner (i.e., us), or they can be set by third parties (e.g., Facebook, Google, etc.) Cookies are used to help us speed up your future activities or to improve your experience by remembering the information that you have already provided to us. Third party cookies may also be used to enable analytics (e.g. Google Analytics) or advertising functionality (e.g., ad re-targeting on third-party websites) that enables more customized services and advertising by tracking your interaction with our website and collecting information about how you use the website.
- Flash cookies, which are cookies written using Adobe Flash, and which may be permanently stored on your device. Like regular cookies, Flash cookies may help store user preferences and activity, and may allow a website to recognize a particular browser or device. Flash cookies are not managed by the same browser settings that are used for regular cookies.
- Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of browser that was used to access the website, and previously set cookie values. Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses. Disabling your computer’s, device’s or browser’s cookies may prevent some web beacons from tracking or recording certain information about your activities.
- Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user. Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on. Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Site and/or the App, and deactivated or deleted when the user disconnects from the website.
- Analytic tools and services, which are sometimes offered by third parties, and which track, measure and/or generate information about a website’s or program’s traffic, sales, audience and similar information, and which may be used for various reasons, such as, for example, statistical research, marketing research, and content ratings research, and conversion tracking. Examples of the analytic tools and services which JoePill might use include Google Analytics and Taplytics. JoePill may also use other third-party analytic tools and services.
Please be advised that if you choose to block, reject, disable, delete or change the management settings for any or all of the aforementioned technologies and/or other tracking, data aggregation and data analysis technologies, then certain areas of the website might not function properly.
By visiting, accessing or using the website, you acknowledge and agree in each instance that you are giving Joe Pill permission to monitor or otherwise track your activities on the website.
USE OF INFORMATION
In connection with providing the website, the information described above may be used for a number of purposes, including, but not limited to:
- Verifying your identity;
- Confirming your location;
- Administering your account;
- Providing information about JoePill and relevant healthcare providers;
- Providing you with customer support;
- Providing you with information about third-party businesses, products and services by letter, email, text, telephone or other forms of communication;
- Developing, testing or improving the website and content, features and/or products or services offered via the website;
- Identifying or creating new products, services, marketing and/or promotions;
- Promoting and marketing the website and JoePill;
- Improving user experiences;
- Analyzing website traffic;
- Analyzing website user behavior and activity;
- Conducting market research;
- Monitoring the activities of website users;
- Placing and tracking orders for products or services;
- Protecting or enforcing JoePill’s rights and properties;
- Protecting or enforcing the rights and properties of others (which may include you); and/or
- Use as required by applicable law, court order or other governmental authority.
We may de-identify your information and use, create and sell such de-identified information, or any business or other purpose not prohibited by applicable law.
CONSENT TO RECEIVE EMAIL AND PHONE COMMUNICATIONS
Except in countries or jurisdictions where it is not be permitted by law, we may from time to time send you email communications regarding our business, products or services in response to your use of the website, and by providing your email address and phone, you consent to receive such communications. Where required by law, we will request that you opt-in (consent) to receive such communications from us before sending you such information.
You can opt out of receiving such communications by using the unsubscribe link(s) in emails we send you or by emailing us at email@example.com
DISCLOSURE OF INFORMATION
Subject to law, we may disclose your information to third-parties. For example, we may disclose your information to third-parties, such as:
- Vendors, independent contractors, and consultants to enable us to provide products and services;
- Third parties authorized by you to receive such information, such as third parties that facilitate the automatic update of this website;
- To comply with applicable law, or as required or permitted by law;
- Where it is in our legitimate interests, under relevant law, to run, grow and develop our organization in order to expand the impact of science and medicine;
- If we sell any business or assets or acquire investors, we may disclose your personal information to the buyer or investors of such business or assets;
- If substantially all of our or any of our affiliates’ assets are acquired by a third party, in which case personal information held by us will be one of the transferred assets;
- To protect the safety of any person or to prevent any illegal activity; and/or
- To protect the rights, property, or safety of JoePill, our staff, our users or other persons. This may include exchanging personal information with other organizations for the purposes of fraud protection and credit risk reduction.
In some cases, the applications or user interfaces you encounter while on our sites are managed by third parties, who may require that you provide your personal information. We are not responsible for the privacy practices of these third party services or applications. We recommend carefully reviewing the user terms and privacy statement of each third party service, website, and/or application prior to use.
We may de-identify your information and disclose such de-identified information for any purpose not prohibited by applicable law.
We, and any healthcare provider working with us, may retain your information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes and/or enforce its agreements; and/or as long as needed to provide you with the products and/or services of JoePill and we may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by us or as required by law.
ONLINE PURCHASES AND CHARGES
HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Your health record contains personal information about you and your health. Information that identifies you and relates to your past, present or future physical or mental health or condition and related health care services is referred to as Protected Health Information (“PHI”). This Notice of Privacy Practices describes how we may use and disclose your PHI in accordance with applicable law, including the Texas Medical Records Privacy Act and Health Insurance Portability and Accountability Act (“HIPAA”) It also describes your rights regarding how you may gain access to and control your PHI.
To the extent required by law, we are required to maintain the privacy of PHI and to provide you with notice of our legal duties and privacy practices with respect to PHI. We are required to abide by the terms of this Notice of Privacy Practices. If there is a breach of unsecured PHI concerning you, we may be required to notify you of this breach, including what happened and what you can do to protect yourself. We reserve the right to change the terms of our Notice of Privacy Practices at any time. Any new Notice of Privacy Practices will be effective for all PHI that we maintain at that time. We will provide you with a copy of the revised Notice of Privacy Practices by posting a copy on our website, sending a copy to you in the mail upon request or providing one to you at your next appointment.
HOW WE MAY USE AND DISCLOSE HEALTH INFORMATION ABOUT YOU
By using JoePill.com, you authorize treatment and allow us to use and share your PHI. In almost all cases we intend to use your PHI here or share your PHI with other people or organizations to provide treatment to you, arrange for payment for our services, or some other business functions called health care operations. Together, these routine purposes are called TPO and the Consent form allows us to use and disclose your PHI for TPO.
For Treatment. Your PHI may be used and disclosed by those who are involved in your care for the purpose of providing, coordinating, or managing your health care treatment and related services. This includes consultation or diagnosis.
For Payment. We may use and disclose PHI so that we can receive payment for the services provided to you. This will only be done with your authorization. Examples of payment-related activities are: processing invoices or undertaking utilization review activities.
For Health Care Operations. We may use or disclose, as needed, your PHI in order to support our business activities including, but not limited to, quality assessment activities, employee review activities, licensing, and conducting or arranging for other business activities. For example, we may share your PHI with third parties that perform various business activities (e.g., scanning documents) provided we have a written contract with the business that requires it to safeguard the privacy of your PHI.
USE AND DISCLOSER OF YOUR HEALTH INFORMATION WITHOUT AUTHORIZATION
Following is a list of the categories of uses and disclosures permitted by applicable without an authorization. Applicable law and ethical standards permit us to disclose information about you without your authorization only in a limited number of situations. This use and disclosure may be made electronically [Texas 181.154]
Child Abuse or Neglect. We may disclose your PHI to a state or local agency that is authorized by law to receive reports of child abuse or neglect.
Elder Abuse or Neglect. We may disclose your PHI to a state or local agency that is authorized by law to receive reports of elder abuse or neglect.
Judicial and Administrative Proceedings. We may disclose your PHI pursuant to a subpoena (with your written consent), court order, administrative order or similar process.
Required by Law. We must make disclosures to the government agencies for the purpose of investigating or determining our compliance with the requirements of the Privacy Rule.
Health Oversight. If required, we may disclose PHI to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies and organizations that provide financial assistance to the program (such as third-party payors based on your prior consent) and peer review organizations performing utilization and quality control.
Law Enforcement. We may disclose PHI to a law enforcement official as required by law, in compliance with a subpoena (with your written consent), court order, administrative order or similar document, for the purpose of identifying a suspect, material witness or missing person, in connection with the victim of a crime, in connection with a deceased person, in connection with the reporting of a crime in an emergency, or in connection with a crime on the premises.Specialized Government Functions. We may review requests from U.S. military command authorities if you have served as a member of the armed forces, authorized officials for national security and intelligence reasons and to the Department of State for medical suitability determinations, and disclose your PHI based on your written consent, mandatory disclosure laws and the need to prevent serious harm.
Public Health. If required, we may use or disclose your PHI for mandatory public health activities to a public health authority authorized by law to collect or receive such information for the purpose of preventing or controlling disease, injury, or disability, or if directed by a public health authority, to a government agency that is collaborating with that public health authority.
Public Safety. We may disclose your PHI if necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. If information is disclosed to prevent or lessen a serious threat it will be disclosed to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat.
Verbal Permission. We may also use or disclose your information to family members that are directly involved in your treatment with your verbal permission.
USE AND DISCLOSER OF YOUR HEALTH INFORMATION WITH AUTHORIZATION
Uses and disclosures not specifically permitted by applicable law will be made only with your written authorization, which may be revoked at any time, except to the extent that we have already made a use or disclosure based upon your authorization. This use and disclosure may be made electronically [Texas 181.154]
YOUR RIGHTS REGARDING YOUR PHI
You have the following rights regarding PHI we maintain about you. To exercise any of these rights, please submit your request in writing to our Privacy Officer at:
PO BOX 8030
Horseshoe Bay, TX 78657
Right to Request Restrictions. You have the right to request a restriction or limitation on the use or disclosure of your PHI for treatment, payment, or health care operations. We are not required to agree to your request unless the request is to restrict disclosure of PHI to a health plan for purposes of carrying out payment or health care operations, and the PHI pertains to a health care item or service that you paid for out of pocket. In that case, we are required to honor your request for a restriction.
Right to Request Confidential Communication. You have the right to request that we communicate with you about health matters in a certain way or at a certain location. We will accommodate reasonable requests. We may require information regarding how payment will be handled or specification of an alternative address or other method of contact as a condition for accommodating your request. We will not ask you for an explanation of why you are making the request.
Right of Access to Inspect and Copy. Unless your information was compiled in reasonable anticipation of, or for use in a civil, criminal, or administrative action or proceeding, you have the right, which may be restricted only in exceptional circumstances, to inspect and copy PHI that is maintained in a “designated record set”. A designated record set contains mental health/medical and billing records and any other records that are used to make decisions about your care. Your right to inspect and copy PHI will be restricted only in those situations where a licensed professional believes it is reasonably likely that access would endanger the life or physical safety of, or cause substantial harm to the individual or another person. We may charge a reasonable, fee for copies. If your records are maintained electronically, you may also request an electronic copy of your PHI. You may also request that a copy of your PHI be provided to another person.
Right to Amend. If you feel that the PHI we have about you is incorrect or incomplete, you may ask us to amend the information although we are not required to agree to the amendment. If we deny your request for amendment, you have the right to file a statement of disagreement with us. We may prepare a rebuttal to your statement and will provide you with a copy. Please contact the Privacy Officer if you have any questions.
Right to an Accounting of Disclosures. You have the right to request an accounting of certain of the disclosures that we make of your PHI. We may charge you a reasonable fee if you request more than one accounting in any 12-month period.
Right to a Copy of this Notice. You have the right to a paper copy of this notice
If you believe we have violated your privacy rights, you have the right to file a complaint in writing with our Privacy Officer at firstname.lastname@example.org OR with the Secretary of Health and Human Services at 200 Independence Avenue, S.W. Washington, D.C. 20201 or by calling (202) 619-0257. We will not retaliate against you for filing a complaint.
The effective date of this Notice is January 16, 2023.