Additionally, your ability to use some of the Services may involve other terms and conditions regarding third party products and services. These terms and conditions may apply to you, but in no event shall such terms apply to us.
We contract with and offer the Sites and the Services to allow patients and the medical practice, Physical Therapy Services of Flatiron PC (collectively the “Practices”), to connect and set up consultations with the Practices’s health care providers (the “Providers”).We contract with and provide administrative services to the Practices, which are independently owned by a licensed physician and not the Practices. We do not employ or in any way supervise or control the Providers providing care to you. While we facilitate care coordination, we do not engage in the practice of medicine or provide medical advice or care. The content of the Sites and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by us. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions.The Practices’ Providers deliver clinical services to you. Providers are independently contracted or employed by the Practices and use the Sites as a way to coordinate access for you. We are not responsible for the quality and appropriateness of the care the Providers render to you. You are ultimately responsible for choosing your particular Provider, and the doctor-patient relationship is between you and the Provider you ultimately select. Your interactions with the Providers are not intended to replace your relationship of your other health care practitioners or primary care physician. Neither us, nor any of our subsidiaries or affiliates or any third party who may promote the Sites or the Services, shall be liable for any professional advice obtained from a Provider, or any information obtained on the Sites.You acknowledge and agree to the following regarding the Practices and Providers: Although your ability to use some of the Services may involve other terms and conditions regarding third party products and services, in no event shall these third party terms and conditions apply to the Practices or Providers.
The Sites and the Services are not intended for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Sites. If you believe you have an emergency, call 9-1-1 immediately. You should seek emergency help or follow up care when recommended by a provider or when otherwise needed. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
We are not an insurer. The Services are not an insurance product, and the amounts you pay to us are not insurance premiums. If you desire any type of health or other insurance, you must purchase such insurance separately.
You understand that if you receive in-person care from Providers as a result of using the Sites, at the time of such care, the risks and benefits of treatment will be explained to you and you will have the opportunity to ask your health care provider questions about such risks and benefits of treatment and anything you do not understand about the treatment.
Kins requires you to cancel your appointment no later than 24 hours prior to your scheduled appointment time. If you are unable to give a 24 hour notice, or if you no show for your appointment, there will be a cancellation fee of $50.00 for each occurrence.
If your Physical Therapist does not show for your scheduled session, we will work with you to reschedule an appointment with another Physical Therapist or provide you a refund.
We operate subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Sites and/or the Services is limited exclusively to users located in states within the United States where the Services are available. Accessing the Sites or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
In your use of the Sites or the Services, you may submit, upload, post, or transmit to us content, including without limitation text, photos, audio, code, instructions, requests, ideas, suggestions, comments, forms and agreements, files, videos, images, and other materials (collectively, “User Information”).
You agree not to provide any User Information that:contains sexually explicit content that is pornographic, obscene, harmful to minors, or constitute violations of child pornography or child sexual exploitation laws;denigrates any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise;exploits images or the likeness of any individual other than yourself (except where you have obtained express permission from such other individual(s));makes use of offensive language or images;promotes physical harm of any kind against any individual or group or characterizes violence as acceptable, glamorous, or desirable;provides instructional information about illegal activities;contains or transmits any virus or any other programming routines that may detrimentally interfere with computer systems or data.You agree not to contact other users of the Sites through unsolicited e-mail, telephone calls, mailings, or any other method of communication.You understand and agree that any User Information you provide through the Sites or the Services, whether by direct entry, submission, phone, text, chat, email or otherwise, including, but not limited to, data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary. By submitting, posting, or displaying User Information, you give us and our sub-licensees, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Information that you submit, post, or display on or through the Sites or the Services, to the extent permitted by applicable privacy laws.Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. We shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us via the Sites or the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.You represent and warrant that you have the right to provide all User Information as set forth herein. If you violate the restrictions set forth in this User Information section or under “Your Restrictions” below, we have the right to immediately remove your User Information from the Sites.
When you use the Sites or Services, or send emails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.By providing us with your phone number, you are agreeing to be contacted by us at the number you have provided, including calls and text messages, to receive informational, Services related and marketing communications relating to the Sites and the Services. You can opt-out of receiving further calls and text messages by replying to received calls and text messages that you wish to unsubscribe from such notifications.Please note that by withdrawing your consent, some Site features and certain Services may no longer be available to you.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that content appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content posted on the Sites infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the content be removed, or access to it blocked. The notice must include the following information:A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works);Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Sites;Your name, address, telephone number, and email address (if available);A statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; andA statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Sites should be sent to the contact information listed below. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
Although we attempt to ensure the integrity and accuracy of the Services descriptions, the Materials, and other content on the Sites,we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Sites, the Services descriptions, the Materials, and other content on the Sites. It is possible that the Sites could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Sites by third parties. Materials contained on the Sites may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or content posted to the Sites from any third party not affiliated with us. We may at our discretion withdraw, suspend, or discontinue any functionality or feature of the Sites or the Services, among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Sites in accordance with our internal record retention and/or destruction policies.
The Sites may allow connectivity (e.g., via links or references) through websites, platforms, and applications maintained by third parties such as Facebook and Twitter over whom we have no control. Any content you provide through those third party websites are subject to terms and conditions of those websites. Inclusion of any link to such third party websites does not imply an endorsement or recommendation by us. We make no representations or warranties of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. If you decide to access any of the third party websites linked to the Sites, you do so entirely at your own risk.
Limitation of Liability Regarding Use of the Sites
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SITES OR THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (e) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR WITH RESPECT TO THE SERVICES.
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall bear its own arbitration filing fees.
The arbitrator shall issue a reasoned award and shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs or to proceed ex aequo et bono. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
Your use of the Sites or the Services is independent of us and not as our employee, agent, partner, or joint-venturer for any purpose. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
How to Contact Us:
Name: Kins Health, Inc. attn: General Counsel
Address: 85 Fifth Avenue, 8th Floor New York, NY 10003
Phone: (212) 287-4257