Last revised: 1/1/2020
THE SERVICES PROVIDED BY RELIEF HEALTH, INC. DOING BUSINESS AS DORSAL INCLUDE COORDINATION AND COMMUNICATION WITH HEALTHCARE PROVIDERS. THE SERVICES DO NOT REPLACE YOUR RELATIONSHIP WITH ANY HEALTHCARE PROVIDER. YOU UNDERSTAND THAT THESE SERVICES MAY NOT BE APPROPRIATE FOR ALL MEDICAL CONCERNS AND YOU AGREE TO IMMEDIATELY CONTACT YOUR DOCTOR OR 911 SHOULD YOU HAVE A MEDICAL EMERGENCY.
Relief Health, Inc. doing business as Dorsal (“Dorsal”, “we”, “us”, “our”) owns and operates the website located at www.dorsalhealth.com (the “Platform”). The Platform is used by Dorsal to provide the Services to registered users. The “Services” include items such as (i) development and retention of healthcare information and records for use in healthcare provider appointments; (ii) provision of information related to health and healthcare (“Content”); (iii) provision of pharmacy services; (iv) provision of administrative support in order to facilitate healthcare service delivery, including handling billing and scheduling for provider appointments and billing for pharmacy services; (v) communications support for provision of the Services in order to facilitate telecommunications between registered users and providers provided by Dorsal Medical Group of California, P.C. and similar affiliated professional entities necessary for consultations, assessments, treatment by these professional entities.
Certain of the Services are exclusively available to registered users located in certain states (“States Where We Operate”), namely California and New York.
In order to be eligible to use the Services, you must:
Satisfying the above requirements does not guarantee that you will be able to use the Platform and receive the Services. In addition to the eligibility requirements, Dorsal and affiliated professional entities reserve the right to modify or add new eligibility requirements at their sole discretion with or without providing prior notice to you.
Telehealth involves the provision of healthcare services through remote, electronic means. Telehealth can be involved in or used for assessment, diagnosis, treatment, follow-up care, and provision of Content, and may include (though is not limited to) any of the following:
You understand that Dorsal is not engaged in the provision of any healthcare services, whether through the Platform, Services, or any other means. You understand that instead, Dorsal is engaged in the provision of a technological platform intended to facilitate the care and treatment of you by a healthcare provider employed or contracted with Dorsal Medical Group of California, P.C. or similar affiliated professional entities. The Platform and Services, and the care provided by providers employed by Dorsal Medical Group of California, P.C. or similar affiliated professional entities, is not an appropriate replacement for in-person healthcare services in all circumstances. Your understand that by choosing to undergo treatment with Dorsal Medical Group of California, P.C. or similar affiliated professional entities, you are not entering into a patient-provider relationship with Dorsal.
Healthcare providers employed or contracted by Dorsal Medical Group of California, P.C. or similar affiliated professional entities may in certain cases use the Services to provide medical advice or treatment to you. You understand that a healthcare provider assessing your case through the Services may not have access to the same degree of information as would be obtained by an in-person examination, and as such may not be aware of information that may affect his or her diagnostic or treatment opinion. To better manage the risks entailed by this limitation, Dorsal encourages you to provide all relevant information and discuss any and all potential diagnosis and treatment options with your healthcare provider. In addition, healthcare providers utilizing the Platform to deliver care may be limited by state law in terms of what medications may be prescribed without the completion of an in-person examination. You acknowledge and understand this and agree to assume the risk of such limitations. You further acknowledge and agree that (i) any diagnosis you may receive through the Platform is limited; (ii) that the healthcare services rendered through the Platform are not intended to fully replace in-person care in all cases; (iii) that a healthcare provider may lack information that would be obtained through an in-person examination and that this may impact their ability to diagnose any potential condition.
With the exception of certain specific communications from Dorsal Medical Group of California, P.C. or similar affiliate professional entities, you understand and acknowledge that none of the Content provided through the Platform constitutes medical advice.
Though components of the Platform may be accessible by any individuals, it is a requirement that you register with Dorsal and are granted an account by Dorsal with a username and password in order to use the Services. Such a user will be deemed a “Secure User”. Should you become a Secure User, you agree to provide accurate, complete, and correct information to Dorsal about yourself, and you agree to appropriately maintain and update any such information. If you neglect to properly provide, maintain, and update your information, or Dorsal has reasonable grounds to suspect such neglect, Dorsal reserves the right to suspend or terminate your account and your use of the Services, as well as the right to take any and all actions it deems appropriate to maintain the security of the Platform, Services, and the Secure User accounts. You agree to notify Dorsal via email at email@example.com if you become aware of any unauthorized account access or breach of security.
You agree to maintain the confidentiality of your username and password and to exit your Secure User account following each session of use, and you retain responsibility for any and all activities that occur under your account. You are responsible for altering your password if you suspect its compromise and you understand that you may not create more than one account or use other users’ accounts. You acknowledge and agree that Dorsal is not liable for any losses or damages that arise from a failure to comply with these requirements. You further acknowledge and agree that all or any part of the Platform may not be accessible at any time or duration, for any reason, and additionally that Dorsal retains no liability if for any reason any component of the Platform is unavailable or inaccessible.
You understand and agree that such information may be used for any purpose and without limitation, including for reproduction, solicitation, transmission, publication, and disclosure. Dorsal reserves the right to use any ideas, know-how, or techniques contained in any such information for any purpose, including without limitation marketing and product development.
To the degree permitted law, for any personal data or information subject to the foregoing exception, you: (1) understand and agree that any such information provided by you may be utilized, displayed, reproduced in any way by Dorsal, including utilization in the course of creating any derivative works, and that Dorsal may provide such data to its affiliates, service providers, successors and assigns, and to Dorsal Medical Group of California, P.C. and similar affiliated professional entities and affiliated health care providers; and (2) grant to Dorsal, along with its affiliates, service providers, our successors and assigns, including Dorsal Medical Group of California, P.C. and similar affiliated professional entities, as well as affiliated health care providers, the fully transferable and sublicenseable right and license to utilize, modify, copy, display, analyze, distribute, and otherwise disclose to third parties any information you submit on or through the Platform for the purpose of providing your services; conducting analyses of such data; and designing, implementing, developing, and modifying current, new, or future features, services and products of Dorsal using such data.
Various logos, names, or materials displayed on the Platform may be trademarks, trad names, logos, or service marks (“Marks”) of Dorsal or its affiliates. You acknowledge that Dorsal and its affiliates are the sole and exclusive owners of such Marks, and you understand that you are not permitted to use any Marks without express written permission from Dorsal.
Various parts of the Platform may include links or references to third-party owned and operated websites (“Linked Sites”). Such Linked Sites are not under our control, and therefore you acknowledge and agree that Dorsal is not responsible for the information, content, or services offered by any Linked Sites. You agree that your use of Linked Sites is at your own risk and that Dorsal retains no liability arising from your use of or access of Linked Sites. You further agree that Dorsal retains no responsibility for or liability arising from damages in connection with your use of third party sites that may link to Dorsal.
YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE PLATFORM AND SERVICES AT YOUR OWN SOLE RISK. YOUR FURTHER AGREE THAT THE PLATFORM AND SERVICES ARE PROVIDED STRICTLY “AS IS” AND “AS AVAILABLE”. YOU UNDERSTAND THAT DORSAL, ITS AFFILIATES, INCLUDING ALL AFFILIATED PROFESSIONAL ENTITIES, ALONG WITH THEIR RESPECTIVE OFFICERS, MANAGERS, PARTNERS, DIRECTORS, EMPLOYEES, MEMBERS, CONTRACTORS, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO WARRANTIES OR REPRESENTATIONS AND SPECIFICALLY DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, WITH RESPECT TO THE PLATFORMS AND SERVICES. SUCH DISCLAIMER INCLUDES BUT IS NOT LIMITED TO ANY REPRESENTATIONS WITH RESPECT TO FITNESS FOR PARTICULAR USE CASES OR PURPOSES, NON-INFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, VALUE, FREEDOM FROM MALWARE, FUNCTIONALITY, SPEED, RELIABILITY, AND THIRD PARTY INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DORSAL NOR ITS AFFILIATES AND RELATED PERSONS, INCLUDING AFFILIATED PROFESSIONAL ENTITIES, RETAIN ANY LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM. YOU ACKNOWLEDGE THAT YOUR RETAIN THE RESPONSIBILITY OF EVALUATING THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, AND USEFULNESS OF THE PLATFORM. FURTHER, YOU UNDERSTAND THAT DORSAL MAKES NO GUARANTEES THAT THE PLATFORM WILL NOT BE INTERRUPTED OR IS FREE FROM ERROR, CORRUPTION, CYBER ATTACK, MALWARE, OTHER SECURITY INTRUSION, OR OTHER DEFECTS. DORSAL EXPRESSLY DISCLAIMS ALL LIABILITY RELATING TO THESE MATTERS.
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION, CONTENT, OR MATERIAL OBTAINED THROUGH YOUR USE OF THE PLATFORM IS USED AT YOUR SOLE RISK AND THAT YOU RETAIN SOLELY RESPONSIBILITY FOR ANY DAMAGE TO YOUR ELECTRONIC DEVICES OR DATA LOSS OR CORRUPTION THAT RESULTS FROM THE DOWNLOAD OF SUCH INFORMATION, CONTENT, OR MATERIAL.
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS DETAILED IN THIS SECTION, DORSAL, ITS AFFILIATES, AND ITS LICENSORS WILL UNDER NO CIRCUMSTANCES RETAIN ANY LIABILITY TO YOU OR TO ANY OTHER PARTY FOR ANY CLAIMS, LOSSES, OR DAMAGES UNDER ANY LEGAL THEORY, WHETHER IN TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), CONTRACTOR, STATUTE, WARRANTY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO SERVICE INTERRUPTION, ELECTRONIC DEVICE DAMAGE, SYSTEM FAILURE, LOSS OR REVENUES OR PROFITS, GOODWILL, DATA CORRUPTION, PERSONAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS OR USE OF (OR INABILITY TO ACCESS AND USE) THE PLATFORM OR SERVICES. THIS IS TRUE EVEN IF DORSAL OR RELATED PERSONS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. YOU FURTHER AGREE TO HOLD HARMLESS PRN SOFTWARE LLC, MAKER OF THE DOSESPOT ELECTRONIC PRESCRIBING SOLUTION WHICH IS USED BY AFFILIATED PROFESSIONAL ENTITIES TO PRESCRIBE TREATMENTS, FROM ANY AND ALL DAMAGES ARISING FROM THE USE OF AND BENEFIT FROM PRN’S ELECTRONIC PRESCRIBING SERVICES, REGARDLESS OF CAUSE OR LEGAL THEORY BEHIND THEM.
To the extent that we may not disclaim any implied warranty or limit liabilities due to applicable law, you agree that the scope and duration of such warranty and liability shall be the minimum permitted by applicable law.
Platform and service modifications. You understand and acknowledge that Dorsal reserves the right to modify or temporarily or permanently discontinue the Platform or Services (or any of their components) at any time, for any reason or no reason at all, with or without notice. You agree that Dorsal retains no liability to you or to another party related to such a modification or discontinuance.
Pharmacy services. Should you receive a prescription during the course of being served the Services, you may select one of our partner pharmacies (collectively the “Dorsal Pharmacy Network”) to fulfill and ship your prescription. You give us your consent and permission to send and disclose to the Dorsal Pharmacy Network all information provided by you, your health records, and other applicable healthcare information and personal information (such as your identity, demographic information, and location information) so that you can receive the pharmacy services. Our current partner pharmacy network consists of HealthWarehouse.com. HealthWarehouse.com is located at 7107 Industrial Rd, Florence, KY 41042 and can be contacted at 1-800-748-7001.
Restrictions on packaging and fulfillment. Should you use the Dorsal Pharmacy Network to fulfill any prescriptions provided to you during the course of being served the Services, you acknowledge and understand that any medication, if approved, will not be shipped in child-resistant packaging and that it is your responsibility to keep it out of the reach of children.
Payment. You agree to promptly provide payment for services when requested. You will see a prompt for your payment information, such as your credit card information. By entering the information and submitting your request, you authorize us, our affiliates, and third-party payment processors to charge you in the amount due.
You accept that you are responsible for all fees due as part of receiving healthcare services and pharmacy services, including payment due to healthcare organizations including affiliated professional entities and healthcare providers. Your payments to Dorsal may include fees attributable to healthcare organizations including affiliated professional entities and fees attributable to pharmacy service providers, in cases in which Dorsal collects payment on behalf of these entities. Healthcare and pharmacy services not provided as part of the Services are not collected by Dorsal and you understand that you may incur separate charges by the relevant service providers for such services. Should your credit card expire or should Dorsal, our affiliates, or our third-party payment processors be unable to process your payment, you may receive notice to provide an alternative payment method, which you agree to provide promptly. Dorsal and its affiliates, including affiliated professional entities and pharmacy service providers, incur no obligation to render services or provide products until and unless full payment is received and verified.
Special notice to Medicare and Medicaid beneficiaries. Federal and state healthcare programs such as Medicare and Medicaid will in certain circumstances not pay for all healthcare costs, even for healthcare services which you and your healthcare provider believe are appropriate. If you are the beneficiary of such a federal or state healthcare program, and such program will not pay for services or products provided to you during the course of being served the Services, you agree and acknowledge that you will pay directly for these services and products, irrespective of your insurance coverage or lack thereof.
PLEASE REVIEW THIS SECTION THOROUGHLY, AS IT REQUIRES YOU AND DORSAL TO RESOLVE ANY DISPUTES BETWEEN US USING BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH RELIEF MAY BE SOUGHT BY YOU FROM DORSAL.
You understand and accept that Dorsal reserves the right to remove any content or material available on the Platform at any time for any reason or no reason at all, at its sole discretion. Dorsal otherwise complies with the components of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. In this section, we detail the procedure through which a notification of alleged copyright infringement can be filed with Dorsal.
If you have object to copyrighted content or material made available on the Platform, you may send a notification to the following address:
Any notification to Dorsal alleging copyright infringement under 17 U.S.C. § 512(c) must include the following: