Effective Date: March 18, 2020

Renown COVID-19 Care Terms and Conditions

These terms and conditions constitute a binding agreement between you and Renown Health ("we," "us," or "our") concerning your access to and use of the various services offered through Renown COVID-19 Care (as defined below). Use of Renown COVID-19 Care constitutes your acceptance of these Terms and Conditions and our Joint Notice of Privacy Practices.

Renown COVID-19 Care is an Internet service that allows our patients to access certain telehealth related information available to you and/or facilitate your access to telemedicine and expert medical services. Renown COVID-19 Care is independent from healthcare providers who will be providing such telemedicine services to you through the Platform and is not responsible for such healthcare providers’ acts, omissions or for any content of the communications made by them. Renown COVID-19 Care does not engage in the practice of medicine or provide any other health services.

Renown COVID-19 Care is provided on behalf us and our physicians, employees, managers, officers, directors, agents, and representatives and powered by Teladoc Health Inc. and Teladoc Health Medical Group, P.A. (all of the foregoing, collectively, the "Practice Entities"). The Practice Entities are intended third-party beneficiaries of this agreement and entitled to enforce all terms and conditions of this agreement.

By using Renown COVID-19 Care, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to Renown COVID-19 Care. Please print a copy of these Terms and Conditions for your records.

Modifications to these terms and conditions

Renown Health may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, Renown Health will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on Renown COVID-19 Care. The amended Terms and Conditions will also appear when Renown COVID-19 Care are accessed by you and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use Renown COVID-19 Care. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of Renown COVID-19 Care and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using Renown COVID-19 Care after such changes are posted you agree and consent to all such changes.

Access to Renown COVID-19 Care

You may access and use Renown COVID-19 Care via remote access connectivity. Renown Health grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Renown COVID-19 Care in accordance with these Terms and Conditions. In order to use Renown COVID-19 Care, you will be asked to register an account and create login information, including without limitation, username and passwords. You must safeguard your login information that you use to access Renown COVID-19 Care and you must not disclose this information to anyone. You must immediately notify Renown Health of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to Renown COVID-19 Care by contacting:

Renown Health Chief Compliance/Privacy Officer
1155 Mill St, Mail Stop N-14
Reno NV 89502-1474

Or calling 775-982-8300 .

Renown Health's role

Renown Health is not an insurance provider nor are we a prescription fulfillment warehouse. Renown Health's role is limited to making certain telehealth related information available to you and/or facilitate your access to telemedicine and expert medical services. Renown Health is independent from healthcare providers who will be providing such telemedicine services to you through the Platform and is not responsible for such healthcare providers' acts, omissions or for any content of the communications made by them. Renown Health does not engage in the practice of medicine or provide any other health services.

Your representations and warranties

By registering on Renown COVID-19 Care, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with Renown Health, (iii) the information you have provided to Renown Health in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of Renown COVID-19 Care, (v) you will not interfere with a third party's use and enjoyment of Renown COVID-19 Care, (vi) you will not interfere with or disrupt Renown Health's or its vendors' security measures, (vii) if any information you provide to Renown Health becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Renown Health, (viii) you acknowledge that access to the healthcare services provided through Renown COVID-19 Care are not “insured services” under any provincial health plans, and (ix) you are accessing Renown COVID-19 Care for yourself or a child under the age of eighteen for whom you are the legal guardian.  You acknowledge that Renown COVID-19 Care is offered as a courtesy to our patients and agree that we may limit or discontinue your use of Renown COVID-19 Care at any time for any reason.

Termination

If you violate these Terms and Conditions, your ability to use Renown COVID-19 Care will be terminated.  Renown Health may, in its sole discretion, terminate your access to Renown COVID-19 Care, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Renown Health may have available at law. Further, Renown Health shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use Renown COVID-19 Care. Upon any termination of these Terms and Conditions you must immediately cease use of Renown COVID-19 Care. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.

Prohibited uses

In using Renown COVID-19 Care, you agree not to:

  • Send or otherwise transmit to or through Renown COVID-19 Care any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to Renown COVID-19 Care or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
  • Misrepresent your identity or affiliation in any way;
  • Restrict or inhibit any person from using Renown COVID-19 Care, disclose personal information obtained from Renown COVID-19 Care or collect information about users of Renown COVID-19 Care;
  • Reverse engineer, disassemble or decompile any section or technology on Renown COVID-19 Care, or attempt to do any of the foregoing;
  • Gain unauthorized access to Renown COVID-19 Care, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to Renown COVID-19 Care;
  • Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access Renown COVID-19 Care in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Send or otherwise transmit to or through Renown COVID-19 Care chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;
  • Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
  • Violate any applicable laws or regulations in any way;
  • Alter or modify any part of the content or services offered on or through Renown COVID-19 Care;
  • Allow any other person to use Renown COVID-19 Care with your registration or login information;
  • Breach or otherwise circumvent Renown Health's security or authentication measures; and
  • Assist or permit any persons in engaging in any of the activities described above.


Intellectual property rights and content

Renown Health is the sole and exclusive owner of Renown COVID-19 Care, including any and all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to Renown COVID-19 Care and any related materials and documentation. No title or ownership of Renown COVID-19 Care or any portion thereof is transferred to you hereunder. Renown Health reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from Renown COVID-19 Care.

You may provide input, comments or suggestions regarding Renown COVID-19 Care or services provided through Renown COVID-19 Care by healthcare providers (“Feedback”). You acknowledge and agree that Renown Health may use any Feedback without any obligation to you and you hereby grant Renown Health a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Renown Health may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

Links to Third-Party Websites

Renown COVID-19 Care may contain links to websites operated by other parties. The Renown Health does not sponsor, operate, control, or endorse any of these sites, nor the information, products, or services provided by third parties through the Internet, nor does Renown Health make any guarantee, warranty, or representation regarding the accuracy of the information contained on the websites. Renown Health has no control over the security or privacy practices of these external websites. Use of other sites is strictly at your own risk including, but not limited to, any risks associated with destructive viruses. You are responsible for viewing and abiding by the terms and conditions of use and the notice of privacy practices of the other websites.

No endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Renown Health. Any views expressed by third parties on Renown COVID-19 Care are solely the views of such third party and Renown Health assumes no responsibility for the accuracy or veracity of any statement made by such third party.

Indemnification and limitation of liability

You agree to defend, indemnify and hold Renown Health, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a Renown Party and collectively Renown Parties), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Platform and Websites; and (c) provision of other disclosure to Renown Health of any other information or data and the use of same by Renown Health or other Renown Party as contemplated hereunder.

IN NO EVENT SHALL RENOWN HEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH RENOWN COVID-19 CARE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Renown Health shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Renown Health's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.

Disclaimer

Renown COVID-19 Care is provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Renown Health disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. Renown Health does not warrant that Renown COVID-19 Care will be uninterrupted or error-free, that defects will be corrected or that Renown COVID-19 Care or the server that makes it available are free of viruses or other harmful components.

Renown Health makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on Renown COVID-19 Care for a particular purpose.  Renown Heath assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of Renown COVID-19 Care.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Choice of law and jurisdiction

By using Renown COVID-19 Care, you agree that the laws of the State of Nevada, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that might arise between you and any of the Practice Entities. You expressly agree that exclusive jurisdiction for any dispute with any of the Practice Entities resides in the courts of Washoe County, Nevada, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Washoe County, Nevada, in connection with any claim involving any of the Practice Entities. Use of our website is unauthorized in any jurisdiction that does not give effect to the terms and conditions set forth herein.  These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

Severability

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

Security

While we use state-of-the-art security, no system can completely guard against risks of intentional intrusion or inadvertent disclosure of information. When using Renown COVID-19 Care, information may be transmitted over media that are beyond the control of Practice Entities and their contractors and subcontractors and that may not be secure. For example, you may receive email, text, or telephone communications in connection with your use of Renown COVID-19 Care, all of which are inherently unsecure and subject to disclosure to or access by third parties (e.g., if your phone is used by someone else, you do not keep your phone or email information up to date on Renown COVID-19 Care and communications are misdirected, or the network or systems of a telecommunications provider are hacked). Furthermore, electronic services such as those provided by the Practice Entities, their contractors and subcontractors, and any telecommunications providers involved in the transmission of data are all inherently subject to failure and none of the foregoing can guarantee that their services will be provided without error or interruption at all times that you may wish to use those services. YOU HEREBY EXPRESSLY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF ANY SERVICE RELATED TO RENOWN COVID-19 CARE. Once information is received by us, your medical information will be treated as confidential and given the same protection that all of our other medical records are given.

Personal information and privacy policy

In these Terms and Conditions, “personal information” means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through Renown COVID-19 Care and any other information that identifies who you are. Personal Information will be used by Renown Health solely in accordance with these Terms and Conditions, and our Joint Notice of Privacy Practices.

We consider the privacy of your health information to be one of the most important elements in our relationship with you and one we take very seriously. By accessing or using Renown COVID-19 Care, you acknowledge that you have received and read a copy of our Joint Notice of Privacy Practices.

We are committed to protecting the privacy of the information you send and receive through Renown COVID-19 Care, and will only collect and use such information as permitted under our Joint Notice of Privacy Practices. By using Renown COVID-19 Care, you also consent to all of the terms and conditions described in our Joint Notice of Privacy Practices.

Confidentiality, and Usage Guidelines for Renown COVID-19 Care

YOU MUST NOT SEND ANY MESSAGES REQUIRING URGENT ATTENTION USING RENOWN COVID-19 CARE. Doing so may create a delay in your receiving necessary medical treatment and could result in loss of life, permanent injury, or significant deterioration in your health. If you believe that you have an urgent medical matter, you should call 911 immediately or proceed to the nearest emergency room.

FOR ALL MEDICAL EMERGENCIES, IMMEDIATELY CALL 911

Renown COVID-19 Care is designed as a secure Internet-based environment through which you may receive confidential medical information about yourself. When you initially enroll to use Renown COVID-19 Care, you will need to establish an email and a confidential password for login credentials. Please DO NOT SHARE YOUR PASSWORD with anyone. Anyone with access to your password will be able to view your medical information and communicate with your health care team as if that person were you. Thus, when you give someone your password, you are authorizing that person to access your account, and you are responsible for all transactions that person performs while using your service. It is your responsibility to prevent disclosure of your password and to change your password if you feel that your security has been compromised. If you believe that your password has become known to an unauthorized person and want verification of any changes that may have been made to your account, please contact us for assistance.

You agree that Renown Health has the right to monitor and review your use of Renown COVID-19 Care from time to time, and to use “cookies,” “log files” and your “browsing data” in accordance with the Cookie Policy.

We secure your personal information from unauthorized access, use or disclosure. The personally identifiable information you provide is maintained by us on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information is transmitted from your PC and/or mobile devices to Renown COVID-19 Care, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. As a user of Renown COVID-19 Care you hereby agree that you (and not the Practice Entities) are solely liable for viruses, worms, Trojan horses, cancel bots, and other electronic mechanisms designed to destroy or impair the functioning of computer systems already residing on your PC and/or mobile device.

When you use Renown COVID-19 Care, we collect personally identifiable information, such as your email address, name, home address, telephone number, ZIP code, age, gender, contact preferences, access times, and account activity. This information is used by us for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of Renown COVID-19 Care. We may share data with business associates working on our behalf to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. We encourage you to review our Joint Notice of Privacy Practices on our website for further information regarding how your personal information may be used.

Copyright and Trademarks

All content included in Renown COVID-19 Care and on all of our, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks, and data (“Content”), in any form, are protected by U.S. and international copyright and trademark law and conventions. The Content includes both Content owned or controlled by one or more of the Practice Entities, as well as Content owned or controlled by third parties and licensed to one or more of the Practice Entities, and no right, title, or interest is granted to you in or to any Content other than the right to use such content in connection with your use of Renown COVID-19 Care. Reproduction of any Content, in whole or in part, by any means, is prohibited without our express written consent.

No Warranties

Renown COVID-19 Care and all other sites hosted by any of the Practice Entities and the content contained herein and therein are provided by the Practice Entities on an "As Is" basis. THE PRACTICE ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITES, OR THE CONTENT, PRODUCTS, OR SERVICES INCLUDED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PRACTICE ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND INFRINGEMENT.

Waiver

No delay or omission by Renown Health to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Renown Health must be in writing and signed by an authorized representative of Renown Health.

Entire agreement

These Terms and Conditions constitute the entire agreement between you and Renown Health as it relates to the access to, and use of, Renown COVID-19 Care and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Renown Health and you.

Electronic documents

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment

These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with Renown Health's prior written consent. Renown Health may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

Language

English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations. Il est la volonté expresse des parties que les présentes Conditions d'utilisation et tous les documents qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.

Contact / Notices

If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, Renown Health under the Terms and Conditions, please contact Renown Health using the following contact details:

Renown Health Chief Compliance/Privacy Officer
1155 Mill St, Mail Stop N-14
Reno NV 89502-1474

Renown Health may provide notices or communications to you on Renown COVID-19 Care and you agree that such notices shall constitute notice to you whether or not you actually access the notice.