readyACCESSviaSMS

Terms of Use

Last revised on: September 22, 2016

TERMS OF USE 

IMPORTANT INFORMATION ABOUT YOUR USE OF THE SERVICE 

DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS. 

IF YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

readyACCESSviaSMS (“readyACCESSviaSMS”, “we”, “us”, or “our”) operates the website located at www.readyaccessviasms.com and other related websites and mobile applications with links to these Terms of Use (collectively, the “Services”). By accessing and using the Site, you agree to be bound by these Terms of Use (“Terms of Use”, “Agreement”) and all other terms and policies that appear on the Site. If you do not wish to be bound by any of these Terms of Use, you may not use the Site or the Services.

READYACCESSVIASMS SERVICES

All of the Providers listed by readyACCESSviaSMS are independent professionals solely responsible for the services each provides to you. readyACCESSviaSMS does not practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by Providers, each of whom is responsible for his or her Services and compliance with the requirements applicable to his or her profession and license. Neither readyACCESSviaSMS nor any third parties who promote the Services or provide you with a link to the Service shall be liable for any professional advice or any other services you obtain from a Provider via the Services.

Your interactions with the Providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither readyACCESSviaSMS nor any of its licensors or suppliers or any third parties who promote the Service or provide you with a link to the Service shall be liable for any professional advice you obtain from a healthcare provider via the Service nor for any information obtained through our Services. readyACCESSviaSMS does not recommend or endorse any specific Providers, locations, tests, physicians, medications, products or procedures.  You acknowledge that your reliance on any Poviders or information otherwise provided by the Service is solely at your own risk and you assume full responsibility for all risk associated therewith. 

readyACCESSviaSMS does not make any representations or warranties about the training or skill of any Providers who provide services via the Service.  You will be provided with a list of available Providers based solely on the information that you provide to readyACCESSviaSMS, e.g. “needle exchange”, “naloxone”, “Narcan”.  You are ultimately responsible for choosing your Provider.  

You hereby certify that you are physically located in the jurisdiction you choose/have chosen as your current location. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of this certification and that the Providers you access are relying upon this certification in order to interact with you.  In the event that your certification is inaccurate, you agree to indemnify readyACCESSviaSMS and the Providers you interact with from any resulting damages, costs or claims.  

WEBSITE CONTENT 

Other than information received directly by you from Providers, the content on the readyACCESSviaSMS Site and Services should not be considered medical advice or an endorsement, representation, or warranty that any particular Provider, resource, medication or treatment is safe, appropriate, or effective for you. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on this website represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, readyACCESSviaSMS does not recommend or endorse any specific tests, Providers, medications, products or procedures.

ACCESS RIGHTS

We hereby grant to you a limited, non-exclusive, nontransferable right to access the Site and use the Services solely for your personal non-commercial use and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”).

We reserve the right, in our sole discretion, to deny or suspend use of the Site or Services to anyone for any reason. You agree that you will not, and will not attempt to:

In addition, you agree to refrain from abusive language when communicating with Providers through the Services.

readyACCESSviaSMS is not responsible for any interactions with Providers that are not conducted through the Site.

INFORMED CONSENT 

By using this site you acknowledge that you are consenting to use of the Service as set out above, and at your own discretion. You confirm that you will not use the Service in an emergency or in place of emergency medical services. The Provider you choose from those listed in the directly is solely and exclusively your decision, and the scope of services you receive will be at the sole discretion of the Provider, with no guarantee of access to resources, treatment, or any other services. The Service is completely anonymous and is thereby compliant with, and respects and upholds, confidentiality, particularly with respect to protected health information as outlined by the Health Insurance Portability and Accountability Act (“HIPAA").

PRIVACY

readyACCESSviaSMS is an SMS-based technology, meaning your phone number, and no other identifying information, is stored with readyACCESSviaSMS, nor anywhere else. No account is needed to access services and no information is stored on any server. readyACCESSviaSMS acknowledges the importance of anonymous access to healthcare resources, and therefore devotes considerable effort toward ensuring that you remain anonymous at all times. If anonymity is of particular concern it is recommended that you access the Site via a private internet connection and computer.

Anticipated Benefits of readyACCESSviaSMS:

Among the benefits of our Services are the following:

Improved, anonymous access to medical care and resources;
Convenience; and
More efficient access to resources.

Possible Risks of readyACCESSviaSMS:

As with any new technology, there are potential risks associated with the use of readyACCESSviaSMS. readyACCESSviaSMS believes that the likelihood of these risks materializing is very low. These risks may include, without limitation, the following:

Inaccuracies in the listed directory of resources;
Delays in access to Providers or resources may occur due to deficiencies or failures of the technology or connectivity, or information being otherwise not up to date;
Information transmitted may be insufficient (e.g., inaccurate or misspelled queries) to allow for appropriate resources or Providers to be listed by readyACCESSviaSMS.

By accepting these Terms of Use, you acknowledge that you understand and agree with the following:

I understand that I may expect the anticipated benefits from the use of readyACCESSviaSMS, but that no results can be guaranteed or assured.
I understand that in the event a Provider offers a paid service, and if my health insurance coverage does not include or is not sufficient to satisfy the charges in full, I may be fully or partially responsible for payment.
I understand that my Provider may determine that the services are not appropriate for some or all of my treatment needs, and accordingly may elect not to provide services to me, at the Provider’s sole discretion.
I further understand that readyACCESSviaSMS is in no way liable for any act or omission committed by readyACCESSviaSMS, its technology, or listed providers.

RIGHT TO MODIFY

readyACCESSviaSMS may, at its sole discretion, change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Site and/or Services following notice of any such changes will indicate your acknowledgment of such changes, and your agreement to be bound by the revised Terms of Use, inclusive of such changes.

DISCLAIMER OF WARRANTIES

You expressly agree that use of the readyACCESSviaSMS Site or Services is at your sole risk. Both the Site and Services are provided on an “as is” and “as available” basis. readyACCESSviaSMS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration.

You acknowledge and agree that readyACCESSviaSMS does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting Users with independent third party Providers, including physicians, pharmacists, needle exchanges, and other Providers in the readyACCESSviaSMS network. You acknowledge and agree that the Providers listed on the Site and Services are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all services, advice, instructions, treatment decisions, and other professional services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Providers, in their sole discretion, as they deem appropriate.

LIMITATION OF LIABILITY

You understand that, to the extent permitted under applicable law, in no event will readyACCESSviaSMS or its officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of revenues, profits, goodwill, use, data, or other intangible losses arising out of or related to my use of the Site or Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the extent that readyACCESSviaSMS may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of readyACCESSviaSMS’s liability will be the minimum permitted under such applicable law.

INDEMNIFICATION

I agree to indemnify, defend, and hold harmless readyACCESSviaSMS, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claims, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, my violation of these terms and conditions.

In addition, I agree to indemnify, defend, and hold harmless my Treating Provider(s) from and against any third party Claims resulting from my adherence to the advice or recommendation(s) of such Provider, or the lack thereof. I further agree to indemnify, defend, and hold harmless readyACCESSviaSMS and listed Provider(s) from and against any third party Claims resulting from my use of readyACCESSviaSMS or its listed Providers.

GEOGRAPHICAL RESTRICTIONS

readyACCESSviaSMS makes no representation that all products, services, and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or within all territories or locations within the United States.

WEBSITE LINKS

readyACCESSviaSMS will not be liable for any information, software, or links found at any other website, internet location, or source of information, nor for your use of such information, software or links, nor for the acts or omissions of any such websites or their respective operators.

MISCELLANEOUS

This Agreement and your use of the Site shall be governed by the laws of the Province of Ontario, Canada, without regard to its rules on conflicts or choice of law. The parties hereby consent to binding arbitration of any dispute arising under these Terms of Use or other Use of the Site or Services, and agree to otherwise irrevocably submit to the exclusive personal and subject matter jurisdiction and venue of the courts of the Province of Ontario, Canada for the resolution of any dispute based upon or relating to this Agreement.  

This Agreement constitutes the sole Agreement between you and readyACCESSviaSMS relating to your use and our provision of the Service and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this Agreement shall bind either you or readyACCESSviaSMS.

Any of the terms of this Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this Agreement or affecting the validity or enforceability of the Agreement as a whole.  Failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default.  No waiver by readyACCESSviaSMS of any right, term, or condition set forth under this Agreement will be deemed to be either a further or continuing waiver of any other right, term, or condition, or a waiver of that same right or provision at any other time.

You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties' respective successors and permitted assigns.  Except as otherwise specifically provided herein, this Agreement may not be modified, supplemented, qualified, or interpreted except in writing signed by the parties.

A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You can withdraw your consent to receive Communications by email by cancelling it, or by discontinuing your use of the Service.

USER CONSENT TO THE USE OF readyACCESSviaSMS

I have read and understand the information provided above, and understand the risks and benefits of readyACCESSviaSMS, and by accepting these Terms of Use I hereby give my informed consent to participate in readyACCESSviaSMS under the terms described herein.