Legal Content

Terms of Use

Last Updated:

January 6, 2023

These terms and conditions of use (“Terms of Use”) govern your use of the website located at www.perryhealth.com, and any associated websites, mobile sites or applications, products, and software (collectively the “Sites”). The Sites are intended to facilitate non-clinical, care coordination, and professional medical services to registered users (collectively, the “Services”). The Sites and the Services are owned and controlled by Perry Health, Inc. and its subsidiaries, affiliates, successors, and assigns (collectively, “Perry”, “we,” “us,” or “our”). The terms “you” and “your” means you and any other person using the Sites or accessing your Account (as defined below) on your behalf.

The Sites and the Services are not intended for medical emergencies or urgent situations. If you believe you have an emergency, call 9-1-1 immediately.

Please read these Terms of Use carefully and in their entirety, as these Terms of Use include important information about your legal rights, remedies, and obligations. Feel free to contact us if you have any questions regarding these Terms of Use.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Sites and the Services. By using the Sites and the Services, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use, our Privacy Policy, Informed Consent, and to the extent applicable to you, the Notice of Privacy Practices. Please note that additional terms and conditions may apply to some of the Services, all of which terms are made a part of these Terms of Use by reference. In the event of a conflict between these Terms of Use and the terms posted to a specific portion of a Site or for any of the Services, the supplemental terms shall control with respect to your use of the specific portion of the Sites or the Services.

Additionally, your ability to use some of the Services may involve other terms and conditions regarding third party (e.g. pharmaceutical manufacturers’) products and services. These terms and conditions may apply to you, but in no event shall such terms apply to Perry, the Practice, or the Providers.

In order to access the Sites and the Services, you represent and warrant that you are older than 18 years old, as the Services are only for users of the age of 18 or older. If you are under the age of 18, please do not attempt to use the Sites or the Services.

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1. Privacy Practices

You agree that information provided by you in connection with the Site and the Services shall be governed by the Privacy Policy, which is hereby incorporated and made a part of this Agreement. You agree that information provided by you in connection with the Services shall also be governed by the Notice of Privacy Practices and is hereby incorporated and made a part of this Agreement. Please read the Privacy Policy to learn how information about you will be handled.

2. Your Account

These Terms of Use will remain in full force and effect for as long as you use the Sites and any of the Services. To use many of the Services, you must first create a user account (“Account”).

You must safeguard your login information that you use to access your Account and you must not disclose this information to anyone. You must notify Perry promptly of any unauthorized use of your Account or password by emailing us at legal@perryhealth.com.

In the event that your Account is terminated, these Terms of Use will remain, to the extent applicable, in full force and effect.

3. Services

Perry’s Role

We contract with and offer the Sites and the Services to allow patients and the medical practice, PERRY MEDICAL GROUP OF FLORIDA, P.A., PERRY MEDICAL GROUP OF CALIFORNIA, NEW YORK REMOTE MEDICAL, P.C., PERRY MEDICAL GROUP OF MICHIGAN PC, PERRY MEDICAL GROUP OF NEW JERSEY PA, (collectively the “Practices”), to connect and set up consultations via telehealth with the Practices’s health care providers (individually, the “Provider” and collectively, the “Providers”).

Perry contracts with and provides administrative services to the Practices, which are independently owned by a licensed physician and not the Practices. Perry does not employ or in any way supervise or control the Providers providing care to you. The Sites organize information you submit on your medical status for use by your Provider and facilitate scheduling of medical examinations. While Perry facilitates care coordination, Perry does 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 Perry. 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’ Role

The Practices’ Providers deliver clinical services online. Providers are independently contracted or employed by the Practices and use the Sites as a way to coordinate access for you. Perry is 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 via telehealth are not intended to replace your relationship of your other health care practitioners or primary care physician. Neither Perry, nor any of its 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 via telehealth, or any information obtained on the Sites.

Not for Emergencies

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 health care provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

Insurance

Perry and the Practices currently accept payment from select federal and state health care programs, such as Medicare and Medicaid, for the Services. By agreeing to use the Services, you acknowledge and agree that you will pay directly for any Services provided to you that are not covered by insurance. Perry will attempt to bill any insurance, including federal or state health care programs, for Services rendered. In the event that services are not covered by insurance or there is patient responsibility due to the practice, Perry will send you a bill for services. You may be eligible for financial hardship policies. Please contact legal@perryhealth.com for more information.

Availability of Services

Perry and the Practices 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.

Telehealth

Your use of the Site and the Services involves telehealth, which consists of the interactive communication between a patient and provider who are not in the same physical location, for the delivery of health care via electronic means. Please review our Informed Consent for more details, including a description of the risks and benefits associated with the use of telehealth. The Informed Consent constitutes a part of these Terms of Use and is hereby incorporated by reference.

4. Your Conduct and Responsibilities

In your use of the Sites or the Services, you may submit, upload, post, or transmit to us or the Practices 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 characterize violence as acceptable, glamorous, or desirable;
provides instructional information about illegal activities; and/or
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 represent and warrant to that you have the full right and power to enter into and perform these Terms of Use and the right to provide all User Information for use as set forth herein. You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Sites, deep-link to any feature or content on the Sites, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Sites.

Additionally, you agree not to, without limitation:

use any content or information available on the Sites or through the Services for any unauthorized purpose;
interfere with or damage the Sites or servers or networks connected to the Sites or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology;
upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
upload, post, e-mail, or otherwise transmit any User Information that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity;
attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by the Sites;
harvest or collect Personal Information (as defined in the Privacy Policy) about any other individual who uses the Sites or the Services;
infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including, but not limited to, such rights of third parties; and
assist any third party in engaging in any activity prohibited by these Terms of Use.

You represent, warrant and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of User Information or related materials from the Sites and termination of your Account.

5. Electronic Communications

When you use the Sites or Services, or send e-mails, 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. Perry and the Practices may contact you by telephone, mail, text, or email to verify your Account information. Perry and the Practices may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Sites and the Services until you provide the information to us as requested.

6. Ownership and Copyright

Copyrights, trademark rights, database rights, design rights, and any and all other intellectual property and other rights relating to the Sites, the Services, and any information or documents offered by Perry and/or the Sites existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, sound, illustrations, animations, databases, logos, domain names, trade names and trade identities (collectively, the “Materials”), are the property of Perry or the Practices. All elements of the Sites, including without limitation the general design and the Materials, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Sites, the Services, and the Materials may only be used for the intended purpose for which they are being made available.

Images of people or places displayed on the Sites are either the property of, or used with permission by, Perry. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Sites. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

A single copy of the Materials may be downloaded or otherwise copied from the Sites for non-commercial personal use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying, reproduction, publication, posting, transmission, or distribution of any part of the Materials in any way is prohibited. Except as provided herein, no license or right, express or implied, is granted to any person under any intellectual property right. Except as authorized under copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available through the Sites. Modification of the Materials or use of the Materials for any other purpose is a violation of Perry’s or the Practices’ copyright and other proprietary rights. Perry neither warrants nor represents that your use of the Materials will not infringe the rights of third parties not owned by or affiliated with Perry or the Practices.

Digital Millennium Copyright Act

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 Perry 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 Perry 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; and
A 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 Perry a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; click here for details. Notices and counter-notices with respect to the Sites should be sent to legal@perryhealth.com. 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.

7. Accuracy of Information and Functionality

Although Perry attempts to ensure the integrity and accuracy of the Services descriptions, the Materials, and other content on the Sites, it makes 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, Perry shall have no responsibility or liability for information or content posted to the Sites from any third party not affiliated with Perry. 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.

8. Links to Other Websites

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 Perry. Perry makes 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.

9. User Information

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 Perry, the Practices, their 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. Perry 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.

10. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SITES OR THE SERVICES IS AT YOUR SOLE RISK. THE SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, CALIBRATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (2) CALIBRATE MAKES NO WARRANTY THAT (a) THE SITES OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SITES OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES OR THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SITES WILL BE CORRECTED; (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL; (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CALIBRATE OR THROUGH OR FROM THE SITES OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS; AND (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. SPECIFICALLY, CALIBRATE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF ELECTRONIC OR TELECOMMUNICATION SERVICES AND ACCESS TO THE ELECTRONIC OR TELECOMMUNICATION SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE ELECTRONIC OR TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE ELECTRONIC OR TELECOMMUNICATION SERVICES. CALIBRATE DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, CALIBRATE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN OR USE OF THE SERVICES. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

11. Limitation of Liability Regarding Use of the Sites

EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CALIBRATE 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 CALIBRATE HAS 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.

12. No Third Party Rights

Unless expressly stated in these Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Perry, the Practices, the Providers, and their respective affiliates, successors, and assigns. Nothing in these Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Perry, the Practices, the Providers and their respective affiliates, successors, and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, Perry, the Practices, the Providers, and their respective affiliates, successors, and assigns.

13. Assignment

You may not assign, transfer, or delegate these Terms of Use or any part thereof without Perry’s prior written consent. Perry may freely transfer, assign, or delegate all or any part of these Terms of Use, and any rights or duties hereunder or thereunder. These Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assigns of the parties.

14. Dispute Resolution; Arbitration

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York excluding its conflict of law rules.

Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules by a sole arbitrator. The parties hereto shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the Commercial Arbitration Rules. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English.

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.

15. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these Terms of Use or our Privacy Policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.

16. Indemnification

You agree to defend, indemnify, and hold harmless Perry, the Practices, the Providers, and any affiliates from and against any and all rights, demands, losses, liabilities, judgments, fines, interest, penalties, damages, claims, expenses, causes of action, actions, suits (no matter whether at law or equity), fees, and costs, (including, without limitation, attorneys’ fees and fees of other professional advisors) arising directly or indirectly out of or in connection with: (a) your use or misuse of the Sites, the Services, the Materials, or any information posted on the Sites; (b) your breach of these Terms of Use or the Privacy Policy; (c) the content or subject matter of any information (including without limitation User Information) you provide to Perry, the Practices, or any Provider or customer service agent; (d) any negligent or wrongful act or omission by you in your use or misuse of the Sites, the Services, the Materials, or any information on the Sites, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct; and/or (e) your failure to comply with any applicable laws or regulations.

17. Termination, Modification, and Other General Terms

Perry reserves the right, in its sole discretion, to terminate your access to all or part of the Sites and terminate your Account, with or without cause, and with or without notice. Unless otherwise stated, any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature of the Sites or the Services are incorporated by this reference into these Terms of Use.

Perry reserves the right to modify these Terms of Use from time to time in its sole discretion, effective upon posting. In the event of such changes, we will post the changes on the Sites and/or notify you via email. Any use of the Sites or the Services after such changes will be deemed an acceptance of those changes. You should periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound.

These Terms of Use constitute the entire agreement between Perry and you pertaining to the subject matter hereof. In its sole discretion, certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Sites, or agreements between you and the Practices.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Your use of the Sites or the Services is independent of Perry and not as an employee, agent, partner, or joint-venturer with Perry 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.

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How to Contact Us:

Perry Health, Inc.

Attn: Legal Department

150 W 22nd Street, Floor 8, New York, NY 10011

Telephone: (866) 447-3779

Email: legal@perryhealth.com

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Privacy Policy

Last Updated:

January 6, 2023

Perry Health, Inc. (“Perry”, “we”, “us”, or “our”) respects the privacy of all users of our website located at www.perryhealth.com and any associated websites, mobile sites and applications, products, and software (collectively, the “Sites”) and the services available through the Sites (the “Services”). We are firmly committed to protecting the confidentiality of your Personal Information (as defined below). This Privacy Policy describes how we collect and use your Personal Information through your online and offline interactions with us, including email, text, and other electronic communications between you and Perry, your data protection rights, and how to exercise them. When referred to in this Privacy Policy, the term “Personal Information” includes any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, including any information that is subject to applicable data protection laws.

This Privacy Policy is incorporated into, and is subject to, the Terms of Use. By using the Sites and the Services, you accept and agree to the practices described in this Privacy Policy. In addition, your continued use of the Sites following the posting of any updates or changes to our terms and conditions means that you agree and accept such changes. If you do not agree with this Privacy Policy, please do not use the Sites or the Services or provide us with any Personal Information.

Capitalized terms used in this Privacy Policy and not defined herein shall have the definitions provided in our Terms of Use.

Personal Information We Collect

Perry collects information that you provide, including but not limited to:

Personal and contact information, such as your name, address, telephone number, email address, birth date, gender, race, electronic signature, and federal or state issued professional identification
Payment information, such as credit card information and billing address
Employment information, such as job title, professional experience, education, performance history, training records, income, salary, and compensation
Health information, such physical or psychological state of health (e.g., weight and laboratory data), disease state, medical history, medical treatment or diagnosis, health care provider information
Information you post, if you comment or otherwise provide information in a public space on the Sites; we collect a record of it and any Personal Information included in the comment
Information you provide through social media, including your photograph, social media handle or digital or electronic signature
Other information you give us when you contact our customer service team
Information you provide through applying to a job with Perry
Username and password that you may select in connection with establishing your Account

We may use automated technology such as cookies and other tracking software to collect Personal Information from your computer system or mobile device. We may collect the following information:

Internet Protocol (IP) address or other device identifier
Browser type and version
Browsing information, such as pages you view and the links you click, and whether you access our website via a social media site
Time zone setting
Browser plug-in types and versions
Operating system and platform
Other portable device information
With your permission, we may also collect your precise location data. We may also collect the time spent visiting, usage patterns, and the domain name of the website from which you linked to the Sites

In addition to the above, if you are a Provider, we may also collect:

Information about the Services with which you have engaged
Details about our interactions with you and the agreements you have executed with us
Public information related to your practice, such as license information, disciplinary history, legal and regulatory proceedings, and other due diligence information

How We Collect Your Personal Information

We may obtain Personal Information:

When you provide it directly (such as by registering for your Account). We might also collect information if you post a review or contact us
Automatically when you visit the Sites or use the Services (such as from cookies)
From your activity tracker or wireless-enabled wearable technology device (such as a Fitbit or Apple Health) that you choose to sync to the Services (such as your sleep minutes per day)
From third parties (such as when you make payments to us using our payment processor)
From our affiliates, including the Practice and the Providers (such as a professional health care provider, dietitian, or nutritionist) about your participation in the Services

We may combine information from different sources. For example, we may combine information that we have collected offline with information we collect online, or we may combine information we get from a third party with information we already have.

If you submit any Personal Information relating to other people to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Cookies and Other Tracking Methods

Perry may use “cookies”, or small text files that are stored on your computer’s hard drive. Cookies ensure that the Sites’ content is presented in the most effective manner for you and your computer.

Strictly Necessary Cookies

These cookies are essential in order to enable you to move around the Sites and use their features. Without these cookies, services you have requested, such as remembering your login details or submitted information, cannot be provided.

Performance Cookies

These cookies collect anonymous information on how people use the Sites. For example, we use Google Analytics cookies to help us understand how individuals arrive at the Sites, browse or use the Sites, and highlight areas where we can improve such as navigation and marketing campaigns. The data stored by these cookies never shows personal details from which your individual identity can be established.

Functionality Cookies

These cookies remember choices you make such as the country from which you visit the Sites, language, and search parameters. These can then be used to provide you with an experience more appropriate to your selections and to make the visits more tailored and pleasant. The information these cookies collect may be anonymized and they cannot track your browsing activity on other websites.

Targeting Cookies or Advertising Cookies

These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an ad as well as help measure the effectiveness of an advertising campaign. The cookies are usually placed by third party advertising networks. They remember the websites you visit and that information is shared with other parties such as advertisers.

Social Media Cookies

These cookies allow you to share what you have been doing on the Sites on social media, such as Facebook and Twitter. These cookies are not within our control, and are therefore subject to a third party’s rules and policies. Social media companies may have their own privacy policies, which we strongly suggest you review if you use those websites or apps.

We may use different kinds of cookies including session ID cookies and persistent cookies. Session ID cookies are used to personalize your user experience, to determine ways to improve the Sites and the Services we offer. These cookies are deleted when you close your browser session. Persistent cookies are used to collect information such as IP addresses, browser type, Internet Service Provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks.

You can change your settings for cookies and similar technologies by clicking on the cookie consent box on the Sites. In addition, you can refuse or accept cookies from the Sites at any time by activating the settings on your browser. You are always free to decline our cookies if your browser permits, but some parts of the Sites may not work properly if you do. Check the “Help” menu of your browser to learn how to change your cookie preferences. To find out more about cookies, visit www.aboutcookies.org.

We may also use technologies similar to cookies, such as Google Analytics. We use Google Analytics to collect anonymized statistics in order to improve the Sites and the Services. We do not combine the information collected through the use of Google Analytics with Personal Information. You can selectively disable Google Analytics by installing the opt-out component provided by Google on your browser. You can refer to the following links for more information: Google Analytics and privacy and Google Analytics opt-out browser.

Many web browsers allow for the use of a “Do Not Track” function to inform websites that you do not want your online activities tracked. At this time, we do not track your or any other users’ Personal Information over time and across third-party websites. We therefore do not respond to browser “Do Not Track” signals.

Uses of Your Personal Information

Perry may use your Personal Information to:

Operate our business (e.g., manage your Account, provide and personalize our Services, and process payments)
Respond to your contact inquiries
Provide customer support
Communicate with you, including about the Services and the related services offered by physicians, physician assistants, nurse practitioners, nutritionists, dietitians and other professionals that treat you (e.g., surveys and feedback)
Provide you with newsletters, articles, alerts, announcements, invitations, and other information about the Services
Better design the Sites to improve users’ experiences, both in terms of content and ease of use
Analyze your interactions with the Services and third parties’ online services so we can tailor our advertising in ways we think will interest you
Analyze and learn about how the Services are accessed and used, evaluate and improve the Services (including by developing new products and services and managing our communications), and monitor and measure the effectiveness of our advertising
Ensure the security and integrity of the Services
Manage our vendor and partner relationships
Enforce our Terms of Use and other legal terms and policies
Protect our and others’ interests, rights, and property (e.g., to protect our copyrighted materials)
Comply with applicable legal requirements, such as tax and other government regulations and industry standards, contracts, and law enforcement requests
Track and monitor end user interaction with the Services

We may aggregate and/or de-identify data about visitors to the Sites and users of the Services and use and disclose it for any purpose, including product and service development and improvement activities and clinical research purposes.

Sharing of Your Personal Information

Perry will only share your Personal Information as described in this Privacy Policy, or when you otherwise consent (if required by law). We may share your Personal Information with our partners and affiliates as necessary to contact you or provide you with the requested Services. We may disclose your Personal Information to the Practice and the Providers, accountability coach, pharmacies, or other persons or entities working on your behalf, including without limitation, for arranging appointments or communications, providing weight loss and health care services as part of the Services, obtaining medication, or for payment or health care operations purposes. Perry also may share this Personal Information to outside contractors, advisors, auditors, vendors, consultants, or others engaged by Perry to assist in providing financial or operational activities on Perry’s behalf, including technical and processing services and analysis of the Sites’ performance.

Perry may disclose your Personal Information to third parties when obligated or permitted to do so by law or if we have a good faith belief that such disclosure is necessary to comply with a current judicial proceeding, court order, or legal process served on Perry or to investigate, prevent, or resolve any suspected or actual unlawful activities, such as potential fraud, or a perceived irregularity in any audits of the accuracy of any documentation or information submitted to Perry by you or on your behalf, as deemed appropriate by Perry.

Perry may be required or permitted by law to share your Personal Information, without prior notice to you, under certain circumstances including but not limited to, reporting adverse reactions to certain items, product recalls, preventing disease, and for health research purposes. In accordance with applicable laws and/or in a good faith effort, Perry may disclose your Personal Information, without prior notice to you, to maintain, safeguard and/or preserve all the rights and/or property of Perry and perform under demanding conditions in an effort to safeguard the personal safety of users of the Sites and/or the general public.

Finally, Perry may disclose or transfer information, including any Personal Information, to a successor entity (or potential buyer) in connection with a proposed or actual corporate merger, acquisition, consolidation, sale of assets, bankruptcy, or other corporate change. In addition, in the event Perry becomes the subject of an insolvency proceeding, whether voluntary or involuntary, Perry or its liquidator, administrator, receiver, or administrative receiver may sell, license, or otherwise dispose of such information in a transaction approved by the court.

Additionally, we reserve the right to disclose to third parties non-personally identifiable information collected for any lawful purpose, including but not limited to, aggregate or de-identified data.

Security Methods

Perry has implemented commercially reasonable physical, technical, and administrative security measures to protect your Personal Information, including a secure firewall and use of security infrastructure. As an additional security measure, your Personal Information is also encrypted during transmission using SSL security, an industry standard secure technology. SSL encryption is indicated on your Web browser by the display of a lock or key on the browser status bar. Nonetheless, no such measure is ever 100% effective; therefore, we do not guarantee that your Personal Information will be secure from theft, loss, or unauthorized access or use, and we make no representation as to the reasonableness, efficacy, or appropriateness of the measures we use to safeguard such Personal Information. We encourage you to use caution when using the Internet. This includes not sharing your passwords.

If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your Account has been compromised), please immediately notify us by contacting us at legal@perryhealth.com.

Storage of Personal Information

All of the information that you provide to Perry will be stored and processed in the United States, and may also be stored and processed outside of the United States. If you are accessing the Sites from other jurisdictions, please be advised that you are transferring your Personal Information to us in locations where data protection and privacy laws may be less stringent than the country in which you are located. BY USING THE SITES, YOU CONSENT TO THE TRANSFER AND USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY.

Children

Perry does not knowingly or specifically collect Personal Information from users under the age of 13 and no one under age 13 is authorized to submit any information, including Personal Information, on the Sites. If we determine that such information has been inadvertently collected on anyone under the age of 13, we will take the necessary steps to ensure that such information is deleted from our system's database. If you are a parent or guardian and become aware that your child has provided us with information, please contact us using one of the methods specified below.

Links to Other Websites

The Sites may contain links to other websites that have information we believe may be of interest to you. We do not endorse these websites. While we try to link only to websites that share our high standards and respect for privacy, we are not responsible for the content of the websites or privacy practices employed by other websites. We encourage you to read the privacy policy of each website you visit that may collect information or ask you to disclose Personal Information. This Privacy Policy does not apply to information collected on external websites that may be linked to or through the Sites.

Your Rights

California Residents

Access to Specific Information and Personal Information Portability Rights

You have the right, subject to certain exceptions defined in the California Consumer Privacy Act (CCPA) and other applicable laws and regulations, to request that companies disclose certain information to you about their collection and use of your Personal Information over the past twelve (12) months. This right of access includes information about:

The categories of Personal Information we collected about you
The categories of sources for the Personal Information we collected about you
Our business or commercial purpose for collecting that Personal Information
The categories of third parties with whom we share that Personal Information
The categories of Personal Information that each recipient received
The specific pieces of Personal Information we collected about you

Deletion Rights

You have the right, subject to certain exceptions defined in the CCPA and other applicable laws and regulations, to request that a company delete any of your Personal Information that it has collected from you and retained.

Non-Discrimination

California consumers also have the right not to receive discriminatory treatment if they exercise the rights listed herein.

Exercising Access, Personal Information Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Emailing us at legal@perryhealth.com; or
By mail at: 150 W 22nd Street, FL 8, New York, NY 10011

When you make a request, we may require that you provide information and follow procedures so that we can verify the request and your jurisdiction before responding to it. The verification steps we take may differ depending on the request you make. We will match the information that you provide in your request to information we already have on file to verify your identity. If we are able to verify your request, we will process it. If we cannot verify your request, we may ask you for additional information to help us verify your request.

Consumers will be required to submit their first and last name and email address and may be asked to provide their telephone number or address so that we can verify the request. Please provide as much of the requested information as possible to help us verify the request. We will only use the information received in a request for the purposes of responding to the request.

We are not required to respond to a consumer’s requests for access or disclosure of Personal Information more than twice in a twelve (12) month period.

Information Exempt from the CCPA

Note that certain information that is governed by other laws, such as the California Confidentiality of Medical Information Act (CMIA) or the Health Insurance Portability and Accountability Act of 1996, as implemented and amended (HIPAA), is not considered Personal Information with respect to the rights of California residents noted above. However, additional rights might be available under those laws and standards. Please contact us at legal@perryhealth.com for more information.

Sale or Sharing of Personal Information

You have the right, subject to certain exceptions defined in the CCPA and other applicable laws and regulations, to request that companies stop selling your personal information and refrain from doing so in the future. We are not currently selling your Personal Information.

California Civil Code Section 1798.83 permits California residents to request a list of all third parties to which we, during the immediately preceding calendar year, have disclosed certain Personal Information for direct marketing purposes. We do not share Personal Information with other people or non-affiliated businesses for their direct marketing purposes. We are only required to respond to a customer request once during any calendar year. To make such a request you should send a letter to 150 W 22nd Street, FL 8, New York, NY 10011. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information sharing that is covered will be included in our response.

Nevada Residents

Although Perry does not sell Personal Information, Nevada residents have the right to submit a verified request directing Perry not to sell their Personal Information. If you are a Nevada resident, and would like to submit such a request, please send your request to legal@perryhealth.com.

Other Jurisdictions

The Sites are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

Retention of Personal Information

Except to the extent prohibited by law, and subject to this Privacy Policy, we will retain and use your Personal Information for as long as it is needed to provide you with the Services you have requested or access to the Sites and the Services, to document our business relationship with you, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Privacy Policy Amendments

Perry reserves the right to modify, expand, or remove portions of this Privacy Policy from time to time. Any and all changes to this Privacy Policy will be reflected here and the date new versions are posted will be stated at the bottom of this Privacy Policy. Your continued use of the Sites and the Services indicates your agreement with these modifications and updates. If you do not agree with the changes, then you should stop using the Sites and the Services and notify us that you do not want your Personal Information used in accordance with the changes. If we make significant material changes in the way we handle Personal Information, we will send a notice to you at the email address that we have on file and/or by posting a prominent notice on the Sites.

Where language on the Sites contradicts that found in this Privacy Policy, this Privacy Policy shall prevail.

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Contact Information

If you have any questions about this Privacy Policy or the practices of Perry, please feel free to contact us at the following email, telephone number or mailing address:

Email: legal@perryhealth.com

Mailing Address: Perry Health, Attn: Legal Department, 150 W 22nd Street, FL 8, New York, NY 10011.

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Notice of Privacy Practices

Last Updated:

January 6, 2023

THIS NOTICE OF PRIVACY PRACTICES (“NOTICE”) DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

PERRY MEDICAL GROUP OF FLORIDA, P.A., PERRY MEDICAL GROUP OF CALIFORNIA, NEW YORK REMOTE MEDICAL, P.C., PERRY MEDICAL GROUP OF MICHIGAN PC, PERRY MEDICAL GROUP OF NEW JERSEY PA, (collectively the “Practices”, “we”, or “our”) are committed to protecting your privacy and understands the importance of safeguarding your medical information. We are required by federal law to maintain the privacy of health information that identifies you or that could be used to identify you (known as "Protected Health Information" or "PHI"). We also are required to provide you with this Notice, which explains our legal duties and privacy practices, as well as your rights, with respect to PHI that we collect and maintain. We are required by federal law to abide by the terms of this Notice currently in effect. However, we reserve the right to change the privacy practices described in this Notice and make the new practices effective for all PHI that we maintain. Should we make such a change, you may obtain a revised Notice by calling our office at (866) 447-3779 and requesting a revised copy be sent in the mail, or accessing our website at perryhealth.com.

This notice applies to the Perry Health Entities’ use and disclosure of the personal information you provide to us as a registered user of the Perry Health website or application if you are a patient of one of the Perry Health Entities. This notice does not apply to information collected from individuals who have never used the Perry Health Entities’ services. If you are a user of the Perry Health services and have never used the Perry Health Entities’ clinical services, our use and disclosure of your information is governed by our Privacy Policy.

USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION

A. Routine Uses and Disclosures of Protected Health Information

We are permitted under federal law to use and disclose PHI, without your written authorization, for certain routine uses and disclosures, such as those made for treatment, payment, and the operation of our business. The following are examples of the types of routine uses and disclosures of PHI that we are permitted to make. While this list is not exhaustive, it should give you an idea of the routine uses and disclosures we are permitted to make.

For Treatment: We will use and disclose your PHI to provide, coordinate, or manage your treatment and inform you of treatment alternatives and other health related benefits that may be of interest to you. We may use and disclose your PHI to health care professionals or other third parties to provide, coordinate, and manage the delivery of healthcare. For example, we may disclose your PHI to a pharmacy to fill a prescription, to a laboratory to order a test, or another specialist for consultation.

For Payment: Your PHI will be used, as needed, to obtain payment for the health care services we provide you. We may disclose your PHI to other health care providers, health plans, and health care clearinghouses for their payment activities. For example, we may use and disclose PHI about you to receive payment for our services, manage your account, and fulfill our responsibilities under your health plan.

For Health Care Operations: We may use or disclose your PHI in order to support the business activities of this practice. These activities include, but are not limited to, reviewing our treatment and services and evaluating the performance of our staff in providing services. We may also use your PHI to evaluate and improve services provided by our business associates, including those that provide data assessment and management and other services for or on our behalf.

B. Uses and Disclosures That May Be Made Without Your Authorization or Opportunity to Object

We may use or disclose your PHI in the following situations without your authorization or providing you the opportunity to object.

Required by the Secretary of Health and Human Services: We may be required to disclose your PHI to the Secretary of Health and Human Services to investigate or determine our compliance with the requirements of the HIPAA Privacy Rule.

Required By Law: We may use or disclose your PHI to the extent that the use or disclosure is otherwise required by federal, state, or local law.

Public Health: We may disclose your PHI for public health activities, such as disclosures to a public health authority or other government agency that is permitted by law to collect or receive the information (e.g., the Food and Drug Administration).

Health Oversight: We may disclose PHI to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies include government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws.

Abuse or Neglect: If you have been a victim of abuse, neglect, or domestic violence, we may disclose your PHI to a government agency authorized to receive such information. In addition, we may disclose your PHI to a public health authority that is authorized by law to receive reports of child abuse or neglect.

Judicial and Administrative Proceedings: We may disclose your PHI in response to an order of a court or administrative tribunal (to the extent such disclosure is expressly authorized), and, in certain conditions, in response to a subpoena, discovery request or other lawful process.

Law Enforcement: We may disclose your PHI, so long as applicable legal requirements are met, for law enforcement purposes, such as providing information to the police about the victim of a crime.

Coroners and Funeral Directors: We may disclose your PHI to a coroner, medical examiner, or funeral director if it is needed to perform their legally authorized duties.

Organ Donation: If you are an organ donor, we may disclose your PHI to organ procurement organizations as necessary to facilitate organ donation or transplantation.

Research: Under certain circumstances, we may use and disclose your PHI for internal and external research purposes to, among other things, develop and improve our services and products. We may disclose your PHI to organizations that support medical research or that find, investigate, or cure diseases.

Serious Threat to Health or Safety: We may disclose your PHI if we believe it is necessary to prevent a serious and imminent threat to the public health or safety and it is to someone we reasonably believe is able to prevent or lessen the threat.

Specialized Government Functions: When the appropriate conditions apply, may disclose PHI for purposes related to military or national security concerns, such as for the purpose of a determination by the Department of Veterans Affairs of your eligibility for benefits.

National Security and Intelligence Activities: We may disclose your PHI to authorized federal officials for intelligence, counterintelligence, protection of the President, other authorized persons or foreign heads of state, for purpose of determining your own security clearance and other national security activities authorized by law.

Workers' Compensation: We may disclose your PHI as necessary to comply with workers' compensation laws and other similar programs.

Inmates: We may use or disclose your PHI if you are an inmate of a correctional facility and we created or received your PHI in the course of providing care to you.

Business Associates: We may disclose your PHI to persons who perform functions, activities or services to us or on our behalf that require the use or disclosure of PHI. To protect your health information, we require the business associate to appropriately safeguard your information.

De-identified Information: We may de-identify your PHI in accordance with the HIPAA standards. PHI that is de-identified in accordance with the HIPAA standards is not considered PHI, and therefore, we may use and disclose your de-identified information for any lawful purpose, including without limitation, for research purposes.

C. Uses and Disclosures That May Be Made Either With Your Agreement or the Opportunity to Object

Unless you object, we may disclose to a member of your family, a relative, a close friend, or any other person you identify, orally or in writing, your PHI that directly relates to that person's involvement in your health care. If you are unable to agree or object to such disclosure, we may disclose such information as necessary if we determine that it is in your best interest based on our professional judgment. We may use or disclose your PHI to notify or assist in notifying a family member, personal representative, or any other person that is responsible for your care of your location or general condition.

D. Uses and Disclosures of Protected Health Information Based upon Your Written Authorization

Psychotherapy Notes: We must obtain your written authorization for most uses and disclosures of psychotherapy notes.

Marketing: We must obtain your written authorization to use and disclose your PHI for most marketing purposes.

Sale of PHI: We must obtain your written authorization for any disclosure of your PHI which constitutes a sale of PHI.

Other Uses: Other uses and disclosures of your PHI not described above will be made only with your written authorization (unless otherwise permitted or required by law). You may revoke your authorization, at any time, in writing, except to the extent that we have taken action in reliance on the authorization.

YOUR RIGHTS REGARDING HEALTH INFORMATION ABOUT YOU

You have certain rights regarding your PHI, which are explained below. You may exercise these rights by submitting a request in writing to our Privacy Officer.

A. You have the right to inspect and copy your PHI. If you would like to see or get an electronic or paper copy your PHI that is contained in a designated record set (e.g., medical and billing records), we are required to provide you access to such PHI for inspection and copying within 30 days after receipt of your request (with up to a 30-day extension if needed). We may charge you a reasonable fee to cover duplication, mailing and other costs incurred by us in complying with your request. In addition, there are situations where we may deny your request for access to your PHI. For example, we may deny your request if we believe the disclosure will endanger your life or that of another person. Depending on the circumstances of the denial, you may have a right to have this decision reviewed.

B. You have the right to request a restriction of your PHI. You may ask us not to use or disclose any part of your PHI for purposes of treatment, payment or health care operations. You may also request that any part of your PHI not be disclosed to family members or friends who may be involved in your care or for notification purposes as described in this Notice. Your request must state the specific restriction requested and to whom you want the restriction to apply. We are not required to agree to a restriction that you may request, except we must agree not to disclose your PHI to your health plan if the disclosure (1) is for payment or health care operations and is not otherwise required by law, and (2) relates to a health care item or service which you paid for in full out of pocket. If we agree to the requested restriction, we may not use or disclose your PHI in violation of that restriction unless it is needed to provide emergency treatment.

C. You have the right to request to receive confidential communications from us by alternative means or at an alternative location. You have the right to request that we communicate with you in a certain way or at a certain location. We will accommodate reasonable requests. We may also condition this accommodation by asking you for information as to how payment will be handled or specification of an alternative address or other method of contact.

D. You have the right to amend your PHI. This means you may request an amendment of your PHI in our records that is contained in a designated record set (e.g., medical and billing records) for as long as we maintain the PHI. We will respond to your request within 60 days (with up to a 30-day extension if needed). We may deny your request if, for example, we determine that your PHI is accurate and complete. If we deny your request, we will send you a written explanation and allow you to submit a written statement of disagreement.

E. You have the right to receive an accounting of certain disclosures that we have made of your PHI. You have the right to receive an accounting of certain disclosures we have made, if any, of your PHI. This right only applies to disclosures for purposes other than treatment, payment, or health care operations as described in this Notice. It excludes disclosures we may have made to you, your family members, or friends involved in your care. The right to receive this information is subject to certain exceptions, restrictions and limitations. You must specify a time period, which may not be longer than 6 years. You may request a shorter time frame. You have the right to one free request within any 12-month period, but we may charge you for any additional requests in the same 12-month period. We will notify you about any such charges, and you are free to withdraw or modify your request in writing before any charges are incurred. We will respond to your request within 60 days (with up to a 30-day extension if needed).

F. You have the right to obtain a paper copy of this notice from us.

G. You have the right to be notified if you are affected by a breach of unsecured PHI.

COMPLAINTS

If you believe that we have violated your privacy rights, you may file a complaint with us by notifying our Privacy Officer in writing at the following address:

PERRY MEDICAL GROUP OF FLORIDA, P.A.

150 W 22nd Street, FL 8, New York, NY 10011

ATTN: Privacy Officer

Phone: (866) 447-3779

We will not retaliate against you in any way for filing a complaint. You may also submit your complaint to the Secretary of Health and Human Services.

This notice is effective on July 20, 2022

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Informed Consent

Last Updated:

March 7, 2023

Perry Health and its affiliated health care practices and health care providers (“Perry Health”) provide remote monitoring services to patients (“RPM Services”) using remote monitoring technologies (“RPM Technology”). By agreeing to this informed consent ( “Consent”), you have elected to receive RPM Services and telehealth from Perry Health. If you have questions about use of the RPM Technology itself and whether it is appropriate for your medical condition, the risks associated with using the RPM Technology, or the provider’s credentials and professional background, please ask your Perry Health provider. All capitalized terms used in this Consent but not defined herein will have the meanings provided in the Terms of Use or Privacy Policy. Only use the Services if you have read this information and subsequently made an informed decision that the Services are right for you. If you have any questions, please email us at legal@perryhealth.com.

In exchange for your use of the RPM Technology to receive RPM Services, you acknowledge and agree to the following terms and conditions of this Consent:

1. Use of RPM Technology

You understand and agree that:

THE RPM TECHNOLOGY IS NOT AN EMERGENCY RESPONSE UNIT. YOU MUST CALL 911 FOR IMMEDIATE MEDICAL EMERGENCIES
Perry Health provider will decide, in his or her sole discretion, whether it is appropriate to treat your condition using the RPM Technology
You or Perry Health provider may require an in-person examination prior to you receiving RPM services
The anticipated response time for electronic communications submitted through the RPM Technology varies and you accept any risk associated with the response time, including a delay in obtaining medical care
The RPM Technology provided to me are the property of Perry Health. I will not tamper with the RPM Technology and I understand that I am responsible for any costs and expenses related to the misuse of the RPM Technology
No warranty or guarantee has been made to you concerning any particular result related to your condition or diagnosis

2. Risks Associated with Use of RPM Technology

You understand that use of the RPM Technology has risks associated with it, such as (1) information transmitted through the RPM Technology may be insufficient to allow for appropriate medical decision-making by Perry Health provider; (2) failures of equipment or infrastructure may cause delays in medical evaluation and treatment, or loss of information; and (3) unauthorized access to your medical information. You acknowledge that, although Perry Health and its RPM Technology vendor strive to prevent unauthorized access to information about me through encryption of information transmitted by the RPM Technology and other security measures, Perry Health and its vendor cannot guarantee that your use of the RPM Technology and the information will be private or secure, and you consent to this risk. You understand and consent to the risks associated with the use of the RPM Technology.

3. Use of Telehealth

“Telehealth” consists of the use of electronic information and communication technologies by providers to deliver health care services to patients not at the same physical location, which may include the assessment, diagnosis, consultation, treatment, education, care management and/or self-management of a patient. Such communication can include electronic transfer of medical records, images/photographs, health information, or other Personal Information between you and the Providers, live conversations or other interactions between you and the Providers via audio, video, and/or media, and use and analysis of output data from medical or wearable devices, sound, video, and other related files.

While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth, which are listed in more detail below. The telehealth services are not a substitute for in-person health care in all cases. In order to use the Services, you are required to review and agree to this Informed Consent.

4. Risks Associated with Telehealth

As with any in-person health care encounter, there are potential risks associated with the use of telehealth. These risks may include, but are not limited to:

Limitations on the availability and/or appropriateness of specific health services that may be hindered as a result of the Services being offered remotely (e.g., information transmitted to the Providers may not be sufficient to allow for appropriate medical decision making by the Providers and the inability of your Providers to conduct certain tests or assess vital functions and signs in-person may prevent the Providers from providing a diagnosis or treatment)
Confidentiality and security of your health information, including Personal Information, through use of potentially unsecure electronic and telecommunication technologies
Technological issues during your telehealth visit (but note that alternative communication methods may be provided if you are having connectivity issues)
Given regulatory requirements in certain jurisdictions, the Provider’s treatment options, especially pertaining to certain prescriptions, may be limited

5. Privacy and Confidentiality

You understand that the laws that protect the privacy and the confidentiality of health information also apply to RPM Services. You also understand that RPM Services involves electronic communication of your personal health information to health care providers who may be located in other areas, including out of state, and that your health care provider may disclose your personal health information, except as prohibited by federal or state law.

6. Accuracy of Information Submitted to Perry Health Provider

You acknowledge and agree that you are solely responsible for ensuring that the information submitted by you through the RPM Technology is accurate, complete and current. You understand that Perry Health provider will rely on this information to diagnose and prepare a treatment plan for your medical condition and your failure to provide accurate, complete and current information may lead to a delay in your treatment or a misdiagnosis.

7. Release and Waiver

You acknowledge and agree to limit, disclaim, and release Perry Health from liability in connection with the RPM Technology’s use.

8. Expenses

You understand and agree that you are responsible for the cost of all professional fees associated with your use of the RPM Technology, which may change from time to time, and the cost of any medications or supplies prescribed by Perry Health provider, if applicable.

9. Other Legal Terms

This Consent cannot be amended except in writing by mutual agreement of Perry Health and you. If any provision is or becomes unenforceable or invalid, the other provisions will continue with the same effect.

10. Right to Revoke

You understand that you can revoke this Consent by sending written notice to Perry Health (“Revocation”). You agree that your Revocation must contain your name and your address. You also understand that your Revocation means that you are not permitted to receive care using RPM Technology. Your Revocation will be effective upon Perry Health’s receipt of your written notice, except that your Revocation will not have any effect on any action taken by Perry Health provider in reliance on this Consent before it received your written notice of Revocation.

11. Insurance & Patient Responsibility

Perry Health currently accepts payment from select federal and state health care programs, such as Medicare and Medicaid, for the Services as well as certain insurance plans. You understand and agree that Perry Health will attempt to bill any insurance, including federal or state health care programs, for Services rendered. In the event that services are not covered by insurance or there is patient responsibility due to the practice, Perry may have to unenroll the user from the program and terminate our relationship.

Additional State-Specific Consents

The following consents apply to users accessing Perry Health services for the purposes of participating in a telehealth consultation as required by the states listed below:

Alaska: I understand my primary care provider may obtain a copy of my records of my telehealth encounter. (Alaska Stat. § 08.64.364).
Arizona: I understand I am entitled to all existing confidentiality protections pursuant to A.R.S. § 12-2292. I also understand all medical reports resulting from the RPM Services are part of my medical record as defined in A.R.S. § 12-2291. I also understand dissemination of any images or information identifiable to me for research or educational purposes shall not occur without my consent, unless authorized by state or federal law. (Ariz. Rev. Stat. Ann. § 36-3602).
Connecticut: I understand that my primary care provider may obtain a copy of my records of my RPM Services. (Conn. Gen. Stat. Ann. § 19a-906).
District of Columbia: I have been informed of alternate forms of communication between me and a physician for urgent matters. (D.C. Mun. Regs. tit. 17, § 4618.10).
Georgia: I have been given clear, appropriate, accurate instructions on follow-up in the event of needed emergent care related to the RPM Services. (Ga. Comp. R. & Regs. 360-3-.07(7)).
Iowa: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: https://medicalboard.iowa.gov/consumers/filing-complaint
Idaho: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: https://bom.idaho.gov/BOMPortal/AgencyAdditional.aspx?Agency=425&AgencyLinkID=650
Indiana: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: https://www.in.gov/attorneygeneral/2434.htm
Kansas: I understand that if I have a primary care provider or other treating physician, the person providing RPM Services must send within three business days a report to such primary care or other treating physician of the treatment and services rendered to me during the RPM Services. (Kan. Stat. Ann. § 40-2,212(2)(d)(1)(A)).
Kentucky: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: https://kbml.ky.gov/grievances/Pages/default.aspx
Maine: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: https://www.maine.gov/md/discipline/file-complaint.html
New Hampshire: I understand that the Perry Health provider may forward my medical records to my primary care or treating provider. (N.H. Rev. Stat. § 329:1-d).
New Jersey: I understand I have the right to request a copy of my medical information and I understand my medical information may be forwarded directly to my primary care provider or health care provider of record, or upon my request, to other health care providers. (N.J. Rev. Stat. Ann. § 45:1-62).
Oklahoma: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: http://www.okmedicalboard.org/complaint.
Rhode Island: If I use e-mail or text-based technology to communicate with my Perry Health provider, then I understand the types of transmissions that will be permitted and the circumstances when alternate forms of communication should be utilized. I have also discussed security measures, such as encryption of data, password protected screen savers and data files, or utilization of other reliable authentication techniques, as well as potential risks to privacy.
South Carolina: I understand my medical records may be distributed in accordance with applicable law and regulation to other treating health care practitioners. (S.C. Code Ann. § 40-47-37).
South Dakota: I have received disclosures regarding the RPM Services RPM Technology and limitations. (S.D. SB136 (not yet codified)).
Texas: I understand that my medical records may be sent to my primary care physician. (Tex. Occ. Code Ann. § 111.005). I have been informed of the following notice: NOTICE CONCERNING COMPLAINTS - Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Assistance in filing a complaint is available by calling the following telephone number: 1-800-201- 9353, For more information, please visit our website at www.tmb.state.tx.us.
Utah: I understand (i) any additional fees charged for RPM Services, if any, and how payment is to be made for those additional fees; (ii) to whom my health information may be disclosed and for what purpose, and have received information on any consent governing release of my patient-identifiable information to a third-party; (iii) my rights with respect to patient health information; (iv) appropriate uses and limitations of the RPM Technology, including emergency health situations. I understand that the RPM Services Perry Health provides meets industry security and privacy standards, and comply with all laws referenced in the Utah regulations. I was warned of: potential risks to privacy notwithstanding the security measures and that information may be lost due to technical failures, and agree to hold Provider harmless for such loss. I have been provided with the location of Perry Health’s website and contact information. I am able to a (i) access, supplement, and amend my patient-provided personal health information; and (ii) obtain upon request an electronic or hard copy of my medical record documenting the RPM Services, including the Consent provided; and (iii) request a transfer to another provider of my medical record documenting the telemedicine services. (Utah Admin. Code r. 156-1-602).
Virginia: I acknowledge that I have received details on security measures taken with the use of RPM Technology, as well as potential risks to privacy notwithstanding such measures. I agree to hold harmless Perry Health for information lost due to technical failures; and I provide my express consent to forward patient-identifiable information to a third party. (Virginia Board of Medicine Guidance Document 85-12).

CONSENT

By accepting this Informed Consent to RPM Services & Telehealth, you acknowledge your understanding and agreement to the following:

I give my informed consent to the use of telehealth and RPM services by the Providers
I have read the above information and have had an opportunity to ask questions
I understand the benefits and risks of receiving RPM services and telehealth services
I understand that the Provider may determine in his or her sole discretion that my condition is not suitable for treatment using telehealth, and that I may need to seek medical care and treatment in-person or from an alternative source
I understand that I have the right to withhold or withdraw my consent to the use of telehealth in the course of my care at any time by contacting Perry Health at legal@perryhealth.com with such instruction; otherwise, this consent will be considered renewed upon each new telehealth encounter with the Providers
I understand that while the use of RPM services and telehealth may provide potential benefits to me, as with any medical care service no such benefits or specific results can be guaranteed
I understand that I have the right to access my health and wellness information pertaining to the Services delivered via telehealth in accordance with applicable laws and regulations
I agree and authorize the Providers to release information regarding the RPM services and telehealth exam to Perry Health and its affiliates
I authorize Perry Health to contact my healthcare professionals on file and to obtain copies of any medical records that could be useful in assisting with the success of the RPM program. I also acknowledge that I can rescind authorization to obtain my medical records at any time.

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