TERMS OF SERVICE
Last Updated: September 31, 2018
At Nurse-1-1, we are committed to providing you and your family with the highest quality information and service. We hold ourselves to the highest legal, medical, and ethical standards. Please read these Terms carefully so that you understand them. We value hearing from you so if you have any questions or ideas, please do not hesitate to get in touch by e-mailing us at firstname.lastname@example.org.
Your access to and use of the Website and Apps are conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Website or Apps.
“Content” means text, graphics, images and any other material entered, processed, contained on or accessed through the Website or Apps, including Content created, modified, validated or submitted by health experts.
“health experts” means US-based, certified nurse practitioners, physician assistants, and registered nurses in good standing. Nurse-1-1 reserves the right to expand the network to include other certified health professionals.
“Service” means services provided through the Apps or Website.
Guidelines and Controls for the Nurse-1-1 Service
It is important to the interests of Nurse-1-1 and those who use our service that we have a shared understanding about the limits of what it can do. Accordingly, what follows will outline important limits that we must all understand and abide by, for the best interests of Nurse-1-1, those who use the Service, and the health experts that users contact.
What is Nurse-1-1?
Nurse-1-1 is a service owned and operated by VideWell, Inc., a technology company providing a platform on which users can chat with a health expert for informational purposes only. Nurse-1-1 does not provide medical advice or treatment and is not your healthcare provider. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Again, we are a technology company, and do not intend to cross the line of becoming (or being perceived as) a health care provider based on interactions between “health experts” (which can be nurse practitioners, registered nurses, physician assistants, and healthcare professionals) and individuals engaged in chats with those health experts. Health experts contacted using the Nurse-1-1 Service do not take the place of your physician or other qualified healthcare provider and you should continue to schedule regular and ongoing visits with your Primary Care Physician (“PCP”). You should contact a healthcare professional with questions or concerns about your medical care or treatment. If you are in need of immediate medical attention, please contact a healthcare professional or emergency services (such as 911). Never disregard professional medical advice or delay in seeking it because of something you have read on the Nurse-1-1 Website or Apps.
Other than information received directly by you from your personal provider, the platform Content should not be considered medical advice. You should always consult with an appropriately qualified health care professional for triage, diagnosis, and treatment, including information regarding which medications or treatment may be appropriate for you. Nurse-1-1 cannot and does not represent or warrant that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, Nurse-1-1 does not recommend or endorse any specific tests, providers, medications, products or procedures.
When using Nurse-1-1 to chat with your personal provider (i.e. your doctor’s office), you are entering into a patient-provider relationship with your provider and in this instance Nurse-1-1 is intended only to supplement that relationship (to make the communication experience better). Nurse-1-1 does not replace your existing primary care physician relationship, and in the off-chance your provider is not available on the Nurse-1-1 platform Service, you understand the risk of not finding another mode of communication to contact your provider.
Nurse-1-1 is not an insurance provider nor are we a prescription fulfillment warehouse.
You agree that your medical history provided in a chat with a health expert is accurate and complete information. You accept the risk associated with providing false or inaccurate information and will not hold Nurse-1-1 accountable for any incorrect information given because of such error.
The Website and Apps may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Website or Apps.
What can you ask health experts using the Nurse-1-1 Service?
You can ask the health experts basic health questions and address concerns such as:
- Your symptoms
- Medications and side effects
- Reliable self-care home treatments
- Self-help and support groups
- When to go to your doctor
- When to go to the emergency room
- Local physician and hospital resources
- Wellness information
- Your questions and concerns regarding non-urgent and non-emergency conditions.
Even if you ask a Nurse-1-1 health expert about your concerns, you also should speak with or see your doctor, or go to urgent care for pressing issues, such as if you:
- Run out of medicine
- Have questions about your medicine
- Have an earache, cough or cold
- Have a small cut, burn or bruise
- Need shots
- Have a cough but no wheezing
- Need a note for work
- Are feeling worse
- Your symptoms are worsening or not improving
Even if you ask a Nurse-1-1 health expert about your concerns, you should go to the emergency room if you think you have an urgent or emergent health issue, such as:
- Having a hard time breathing
- chest pain
- Serious bleeding
- Suddenly being unable to move or speak
- Passing out (fainting)
- Hit your head and pass out
- Have a severe headache
- Having vision changes
- Are poisoned
- Have deep cuts or serious burns
- Are attacked (by a person or an animal)
- Have broken bones, or sudden serious pain and swelling in a joint
- Are thinking of hurting yourself or someone else
- Have a cough and wheezing
- Have an asthma attack
- Or any other medical condition that concerns you and/or is affecting you seriously
These limitations are important to understand because Nurse-1-1 cannot know the specific physical, emotional or mental health of the users of the Service. Moreover, we are working independently of these health experts — which means we do not directly provide medical treatment or care.
- Neither Nurse-1-1 nor the health experts are required to report if someone is suicidal or a threat to others. However, health experts will be prepared to respond appropriately in the event such a circumstance arises. Because health experts are not positioned to treat high levels of emotional distress, such as:
- Threatening to harm self or others
- Self mutilation (“cutting”)
- Acting out
- Aggressive behavior
- Emotional outburst
- Loss of rationality
- Venting, screaming, swearing, etc.
- High energy output
Any user who appears to be demonstrating such high levels of emotional distress should seek appropriate alternative resources, such as the contact information for the National Suicide Prevention Hotline, (800) 273-8255, http://suicidepreventionlifeline.org/ or other equivalent resources.
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You authorize Nurse-1-1 to immediately charge your credit card or other payment account provided for all fees and charges due and payable and agree that no additional notice or consent is required. Nurse-1-1 fees are net of any applicable sales tax. If any services or payments for any goods or services are subject to sales tax in any jurisdiction, you will be responsible for payment of such sales tax and any related penalties or interest, and will indemnify Nurse-1-1 for any liability or expense incurred in connection with such sales taxes (including any use tax and any other tax measured by sales proceeds that Nurse-1-1 is permitted to pass to you) and Nurse-1-1 may automatically charge and withhold such taxes for services to be delivered within any jurisdictions that it deems is required. Unless otherwise agreed to by Nurse-1-1 in writing, all fees paid are non-refundable. We do our best to ensure our fees are reasonable and affordable for all of Nurse-1-1’s users, and ensure that Nurse-1-1’s health experts receive adequate compensation for their time. If you ever have questions about your fees or charges, please contact us at email@example.com.
Nurse-1-1, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Nurse-1-1 Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when otherwise required by law, paid fees and Subscription fees are non-refundable.
When you create an account with us, you guarantee that you are of the age of 18 years or above, located within the United States, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer, phone, and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Referrals and Promotional Codes
Nurse-1-1 may, in its sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts on future use of the Service and/or a third party’s services, or other features or benefits related to the Service and/or a third party’s services, subject in each case to any additional terms that Nurse-1-1 establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Nurse-1-1; (iii) may be disabled by Nurse-1-1 at any time for any reason without liability to Nurse-1-1; (iv) may only be used pursuant to the specific terms that Nurse-1-1 establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Nurse-1-1 reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Nurse-1-1 determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of these Terms.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Service. Your mobile network’s data and messaging rates and fees may apply if you access or use the Service from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service, Website and Apps and any updates thereto. Nurse-1-1 does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
Intellectual Property Rights
The Website, Apps, Content, and their 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 Videwell, 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.
These Terms permit you to use the Website, Apps, and Content for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material displayed on or included in the Website, Apps or Content, except as follows:
- 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 or download 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.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Website, Apps or Content.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website, Apps or Content.
- You must not access or use for any commercial purposes any part of the Website, Apps or Content or any services or materials available through the Website, Apps or Content.
If you wish to make any use of material displayed on or included in the Website, Apps or Content other than that set out in this section of the Terms, please address your request to: firstname.lastname@example.org.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website, Apps or Content in breach of the Terms, your right to use the Website, Apps, and Content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Products or any content displayed on or included in the Website, Apps or Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website, Apps or Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The names “Nurse-1-1” and “Videwell,” the Nurse-1-1 Logo, and all related names, logos, product and service names, designs and slogans are trademarks of Videwell or its affiliates or licensors. Accordingly, you are prohibited from using such marks without our prior written permission. All other names, logos, product and service names, designs and slogans displayed on or included in the Website, Apps, and Content are the trademarks of their respective owners.
You may use the Website, Apps, and Content only for lawful purposes and in accordance with these Terms. You agree not to use the Website, Apps, and Content:
- 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 Nurse-1-1, a Nurse-1-1 employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, Apps or Content, or which, as determined by us, may harm Nurse-1-1 or users of the Website, Apps, and Content or expose them to liability.
Additionally, you agree not to:
- Use the Website, Apps or Content in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, Apps or Content, including their ability to engage in real time activities through the Website, Apps or Content.
- Use any robot, spider or other automatic device, process or means to access the Website, Apps or Content for any purpose, including monitoring or copying any of the material displayed on or included in the Website, Apps or Content.
- Use any manual process to monitor or copy any of the material displayed on or included in the Website, Apps or Content 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, Apps or Content.
- 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, Apps or Content, the server on which the Website, Apps or Content is stored, or any server, computer or database connected to the Website or Apps.
- Attack the Website or Apps via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website, Apps or Content.
Links to Other Web Sites
The Website or Apps may contain links to third party web sites or services that are not owned or controlled by Nurse-1-1.
Nurse-1-1 has no control over, and assumes no responsibility for the content, privacy policies, or practices of any such third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Nurse-1-1 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Nurse-1-1 may provide you with a list of qualified health care providers (“Qualified Providers”) in your region where you may seek a medical examination and any necessary treatment.
The list of Qualified Providers provided to you will be based on the Qualified Providers in your geographic region. Nurse-1-1 will provide the names and contact information for at Qualified Providers in your region, based on your proximity to the Qualified Providers. You may contact a Qualified Provider from the list provided by Nurse-1-1, or you
may follow-up with a health care provider of your own choosing who is not included on the list.
Certain Qualified Providers contract with, and pay a fee to, Nurse-1-1 to ensure Nurse-1-1 users are provided their contact information if the Qualified Providers have a location in a user’s geographic region. Qualified Providers that have paid a fee to Nurse-1-1 are designated on the
website by the following label: “verified”. Qualified Providers that contract with Nurse-1-1 are referred to as Promoted Qualified Providers.
Promoted Qualified Providers may be excluded from continuing as Promoted Qualified Providers if they: (1) choose to end their contractual relationship with Nurse-1-1; or (2) violate their contract with Nurse-1-1, resulting in Nurse-1-1 terminating the contractual relationship.
Qualified Providers that previously were Promoted Qualified Providers may, nevertheless, be included on your list of Qualified Providers, depending on the number of Qualified Providers in your region and your proximity to those providers.
You agree to defend, indemnify and hold harmless Videwell, 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 or your use of the Website and/or Apps, including, but not limited to any use of the Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Website and/or the Apps.
Liability of Nurse-1-1
The use of the Website, Apps, Service and Content is at your own risk. When using the Service, information will be transmitted over a medium that is beyond the control of Nurse-1-1. Accordingly, Nurse-1-1 assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Nurse-1-1 Website.
The Website, Apps, Service and Content are provided on an “as is” basis and your use of the Website, Apps, Service and/or Content is at your own risk. NURSE-1-1, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Nurse-1-1 makes no representations or warranties about the accuracy, reliability, completeness or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Website or Apps.
In no event shall Videwell, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Website, Apps, Service or Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Nurse-1-1 is advised of the possibility of such damages. Nurse-1-1 shall be liable only to the extent of actual damages incurred by you, but such amount shall not exceed U.S. $1,000.00. Nurse-1-1 is not liable for any personal injury, including death, caused by your use or misuse of the Website, Apps, Service or Content. Any claims arising in connection with your use of the Website, Apps, Service or Content must be brought within one (1) year of the date on which the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
Nurse-1-1, Health Experts, and providers using the Nurse-1-1 are not responsible for unauthorized access of protected health information once delivered to the patient.
The mention of a health care provider or health expert on Nurse-1-1 does not constitute or imply a recommendation or endorsement by Nurse-1-1, the health care provider, or health expert.
Nurse-1-1 is not liable to you or anyone else for any decision made or action taken based on use of Nurse-1-1.
Notice and Takedown Procedures; Copyright Agent
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by contacting Nurse-1-1’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Nurse-1-1’s agent for copyright issues relating to this web site is as follows:
101 Middlesex Tpke, Ste 6 PMB 369
Burlington, MA 01803-4914
In an effort to protect the rights of copyright owners, Nurse-1-1 maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever including, without limitation, if we believe you have breached these Terms.
You may cancel your Subscription renewal either through your online account management page or by contacting the Nurse-1-1 customer support team. Following the cancellation of your Subscriptions, if you wish to terminate your account, contact us at email@example.com.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of The Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions.
You expressly agree that exclusive jurisdiction for any dispute with Nurse-1-1, or in any way relating to your use of the Website or Apps, resides in the courts of The Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of The Commonwealth of Massachusetts in connection with any such dispute including any claim involving Nurse-1-1 or its affiliates, subsidiaries, employees, contractors, officers, directors and telecommunication providers.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
We May Update this Agreement
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
ADDITIONAL TERMS APPLICABLE TO HEALTH EXPERTS
Terms that Apply to Nurse-1-1 Health Experts
Health Experts: Information
As a Nurse-1-1 Health Expert, you are required to register with and use your real name and professional contact information. You consent to Nurse-1-1’s use, on or in connection with the Service, of your name, likeness, photograph, biographical information and other personal information provided by you to Nurse-1-1 or publicly available about you.
Health Experts: Nurse Practitioners, Physician Assistants, and Registered Nurses in Good Standing
US-based certified Nurse Practitioners (NPs), Physician Assistants (PAs), and Registered Nurses (RNs) may apply to be and participate as Health Experts on Nurse-1-1. NPs, PAs, and RNs whose certifications are or become suspended, expired, or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to participating by submitting Content to Nurse-1-1, as a Health Expert. Nurse-1-1 may expand the network to include other types of certified Health Experts.
Health Experts: Permission to Post and Use Content
When you, as a Nurse-1-1 Health Expert, provide Content on any Nurse-1-1 feature or function made for publication on the Website or Apps (such as a chat with a user) (“Expert Content”), you grant Nurse-1-1 an unrestricted right without limitation to use, reproduce, extract data from or add data to, publish and post any such Expert Content, including in connection with or on the Website or Apps. This means that when you make such a submission to us, you are giving us rights to this content, including the right to post it and make it publically available on the Website and the Apps and use it in connection with the Service. You also give us the right to give or transfer all rights granted herein to others. While Expert Content generally is posted on the Website and Apps, we do not have an obligation to post any particular Expert Content and reserve the right, at our sole discretion and for any reason whatsoever (including but not limited to Expert Content being reported to us as inappropriate), to not post and/or to remove any Expert Content from the Website or App at any time.
Health Experts: Nurse-1-1 Compensation
Health Experts: Disclosure of Relationships with Industry
You agree to comply with this Conflicts Disclosure Policy (“CDP”) when using the Website or the Apps or creating Expert Content for us. This CDP governs the disclosure of financial interests by Nurse-1-1 Health Experts. Conflicts of interest can be financial and/or personal. As used in this policy, “Industry” means any company, entity, or third party that produces, manufactures, or distributes a pharmaceutical, medical device, implant, or other medical care-related product or service.
All Health Experts with a material financial relationship with Industry must disclose such a relationship in any answer or other similar Expert Content submitted to Nurse-1-1 when such Expert Content mentions any product or service in which such an interest exists, with the following or similar language: “The author or poster of this content has a financial interest in a product or service mentioned herein.”
Health Experts: No Posting Expert Content for Pay
Health Experts may not post Expert Content on the Website or Apps in exchange for compensation of any kind, including but not limited to as a paid consultant to any entity (including any company or organization) or individual. Health Experts should ensure that any conflict or potential conflict of interest does not affect, or appear to affect, his or her contributions of Expert Content to the Nurse-1-1. Health Experts may receive compensation from Nurse-1-1 for services rendered through the Website or Apps as part of the Service.
Health Experts: No Posting of Content Written by Interested Parties
Health Experts may not publish Expert Content under their own names that is written in whole or material part by “Interested Parties” who are (a) parties with a financial interest in any product or service mentioned in such Expert Content, or (b) employees of Industry. Accepting compensation for posting Expert Content to public areas and/or posting ghostwriting by such Interested Parties on the Website or Apps is prohibited.
Health Experts: No Referrals to specific health care professionals
Health Experts may not post referrals to a specific health care professional. When suggesting to a user to seek medical help or when providing guidance on where to seek help, Health Experts may provide the type of physician to contact but may not name specific health care professionals.
Health Experts: Your Relationship with Nurse-1-1
Health Experts: Ratings
You acknowledge and agree that: (a) after utilizing the Service, a user will be prompted by the Website or the App to provide a rating of you and the Service and, optionally, to provide comments or feedback about you and the Service; and (b) after utilizing the Service as a Health Expert, you will be prompted by the Website or the App to provide a rating of the user you connected with and, optionally, to provide comments or feedback about such user. You shall provide your ratings and feedback in good faith.
You acknowledge that Nurse-1-1 desires that users have access to high-quality services via the Website and the Apps. In order to continue to receive access to the Service as a Health Expert, you must maintain an average rating by users that exceeds the minimum average acceptable rating established by Nurse-1-1, as may be updated from time to time by Nurse-1-1 in its sole discretion (“Minimum Average Rating”). Your average rating is intended to reflect users’ satisfaction with your services rather than your compliance with any of Nurse-1-1’s policies or recommendations. In the event your average rating falls below the Minimum Average Rating, Nurse-1-1 will notify you and may provide you, in Nurse-1-1’s discretion, a limited period of time to raise your average rating above the Minimum Average Rating. If you do not increase your average rating above the Minimum Average Rating within the time period allowed (if any), Nurse-1-1 reserves the right to deactivate your access to the Service as a Health Expert. Additionally, you acknowledge that your repeated failure to accept user requests for services while you are logged in to the Service as a Health Expert creates a negative experience for users of the Service. If you do not wish to accept user requests for services on the Website or Apps for a period of time, you agree that you will log off the Website and Apps as a Health Expert.
Health Experts: Service Charge Calculation and Your Payment
You are entitled to a service charge for each instance of completed services provided by you to a user that are obtained via the Service (“Service Charge”). The Service Charge will be calculated using a formula developed by Nurse-1-1, in its sole discretion (“Service Charge Calculation”). You acknowledge and agree that the Service Charge paid pursuant to the Service Charge Calculation is the only payment you will receive in connection with your provision of services on the Website or Apps, and that neither the Service Charge nor the Service Charge Calculation includes any gratuity. You: (i) appoint Nurse-1-1 as your limited payment collection agent solely for the purpose of accepting the Service Charge, and, at Nurse-1-1’s discretion, applicable taxes and fees from the user on your behalf via the payment processing functionality facilitated by the Service; and (ii) agree that payment made by User to Nurse-1-1 (or to an affiliate or agent of Nurse-1-1) shall be considered the same as payment made directly by the user to you.
Health Experts: Braintree, a division of PayPal, Inc.
Nurse-1-1 uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing. In order for you to use Braintree’s payment processing services, you must enter into the Commercial Entity User Agreement (CEA) with Braintree and its sponsoring bank. The CEA is available at www.braintreepayments.com/agreements/merchant. By accepting this Agreement, you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agree to the CEA. Please note that Nurse-1-1 is not a party to the CEA and that you, Braintree and Braintree’s sponsoring bank are the three parties to the CEA and that Nurse-1-1 has no obligations or liability to you under the CEA. If you have questions regarding the CEA, please contact Braintree at (877)434-2894.
Health Experts: Receipts
As part of the Service, Nurse-1-1 provides you a platform for providing users with health information. Upon your completion of services for a user on the Website or Apps, Nurse-1-1 collects the applicable Service Charge from the user, prepares a receipt and issues such receipt to the user via email on your behalf. Such receipts are also provided to you via email or the online portal available to you through the Service. Receipts include the breakdown of amounts charged to the user for the Service and may include specific information about you, including your first name and photo, avatar, or other customized representation used in your profile on the Service. Any corrections you request to a user’s receipt must be submitted to Nurse-1-1 in writing in email to email@example.com within three (3) business days after the completion of the applicable use of the Service. Absent such a notice from you, Nurse-1-1 shall not be liable for any mistakes in or corrections to the receipt or for recalculation or disbursement of the Service Charge.
Health Experts: Taxes
You acknowledge and agree that you are required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to your provision of service on the Website or Apps as required by applicable law; and (b) provide Nurse-1-1 with all relevant tax information. You further acknowledge and agree that you are responsible for taxes on your own income arising from the performance of services on the Website or Apps. Notwithstanding anything to the contrary in this Agreement, Nurse-1-1 may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from your provision of services on the Website or Apps and/or provide any of the relevant tax information you have provided directly to the applicable governmental tax authorities on your behalf or otherwise.
Health Experts: Relationship of the Parties
Health Experts: Termination