February 7th 2019
Privacy Policy and Terms of Use

• Please review our Terms of Use carefully, this is a binding agreement. This Terms of Use (“Terms”) and privacy policy provides you access to and governs your use of Star Triage Telehealth services owned and operated by On-Site Solutions Physical Therapy (“On-Site Solutions Physical Therapy”, “On-Site Solution PT”, “OSSPT” “we”, “us” or “our”), the website located at www.Startriage.com (the “Site”) and any other websites, services, information, content, or features that Operator operates and may link to these Terms (collectively, the “Services”).
• You indicate your acceptance of these Terms either by using the Services and/or by clicking “I ACCEPT ”.
• Note that we reserve the right to change these Terms or make modifications to Services at any time. The date of last revision of Terms is included at the top of this page.
• You indicate your acceptance of any changes to our Terms by continuing to use our Services after changes have been posted.
• If you have any questions about the Terms, please contact us at 1-800-xxx-xxxx.

IMPORTANT!
STAR TRIAGE SERVICES ARE NOT TO BE USED FOR EMERGENCY MEDICAL NEEDS.
IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY.
PRIVACY
By clicking “I ACCEPT” or by using the Services, you indicate that you have read and consent to our Privacy Policy regarding the processing of your health information (https://www.startriage.com/privacy-policy/). If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Services.
ESTABLISHMENT OF INDIVIDUAL ACCOUNT

• To access Services, you must first establish an individual user account (“Account”) by providing certain information. You may be asked to submit your name, email address, phone number and/or other information relevant to your use of Services.
• You agree that you will not create more than one Account, or create an Account for anyone other than yourself. You agree to provide true, accurate, current and complete information on the Account enrollment form and to keep this information current and updated as needed.
• By using the Services or clicking “I ACCEPT” you agree to the following:

• You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself to agree to these Terms of Use.
• You represent that any information you provide regarding current or past medical history and/or use of medications is correct to the best of your knowledge.
• You hereby certify that you are physically located in the State you have entered as your current location on the Services.
• You understand that we may discontinue or restrict your use of Services for any reason or no reason with or without notice.
• You understand that we will not be liable for any damages or loss resulting from the removal of User Content from Services.
• You understand that you may cancel your Account at any time and cancellation will take effect immediately.
• We reserve the right to temporarily or permanently restrict or block access to Services to any users who have had their accounts cancelled.
• IN THE EVENT THAT YOUR CERTIFICATION IS INACCURATE, YOU AGREE TO INDEMNIFY OPERATOR AND THE PROVIDERS YOU INTERACT WITH FROM ANY RESULTING DAMAGES, COSTS, OR CLAIMS.

 
COMPANY CODE SECURITY
 

• In order to use Services, a company code is required. This code will be provided to users by their employer.
• You should not share your account information or company code with any third party or allow any third party to access Services using your account information or company code.
• We reserve the right to discontinue or restrict your use of Services if your account information or company code has been compromised or misused in any way.

 
SERVICE INFORMATION
 

• The Service utilizes real time streaming services to connect individuals with licensed physical therapists for the purposes of a telehealth consultation.
• The Service may also utilize secure email or messaging for communication and exchange of information between individual users and clinicians.
• The information may be used for triage, diagnosis, therapy, follow-up and/or education, and may include live two-way audio and video and other materials (e.g., medical records, data from medical devices).
• Note that Interaction between a User of Services and therapists or clinicians through Star Triage does not supplement the need for regular medical care.
• The Service respects patient confidentiality with respect to protected health information (“PHI”) as outlined by the Health Insurance Portability and Accountability Act (“HIPAA”).
• Subject to HIPAA regulations, the Service will obtain express patient consent prior to sharing any patient-identifiable information to a third party for purposes other than treatment or health care operations
• The systems used to communicate with clients/patients when engaging in a telehealth consultation will incorporate reasonable security protocols to protect the confidentiality of patient information. It will include reasonable measures to safeguard the data and ensure its integrity against corruption – intentional or unintentional.
• As in any healthcare encounter, there are potential risks associated with the use of telehealth consultations. We believe the likelihood of these risks occurring is very low. Risks may include:
  • Delays in triage, consultation or treatment that may arise due to equipment failures or deficiencies
  • Breaches of privacy of personal medical information due to failure of security protocols;
  • Lack of access to complete medical records may result in negative outcomes

 

• Star Triage therapists reserve the right to deny care for actual or potential misuse of Services

• By using Services or by clicking “I ACCEPT” you acknowledge:
  • I consent to receiving care via the Services. The scope of care will be at the sole discretion of the clinician who is treating you, with no guarantee of diagnosis, treatment, or prescription. The clinician will determine whether or not the condition being diagnosed and/or treated is appropriate for a telehealth encounter via the Service.
  • I understand that I may expect the anticipated benefits of more efficient and timelier triage and/or consultation from the use of telemedicine in my care, but that no results can be guaranteed or assured.
  • I understand that the laws that protect privacy and confidentiality of medical information also apply to telehealth consultations; I understand that I can find an explanation of these issues by following this link: www.xxxxxxxxxxxx to see a copy of the HIPAA Notice.
  • I understand that my healthcare information may be shared with others (including health care providers, health insurers and, in the case of work-related injury, with Human Resources or Safety Personnel at my employer) for continuity of care and healthcare operations purposes.
  • I understand that the use of telehealth consultations may involve electronic communication of my personal medical information to medical providers who may be located in other areas, including out of state.
  • In addition, I understand that my healthcare information may be shared in the following circumstances:
    • When a valid court order is issued for medical records,
    • Reporting suspected abuse, neglect or domestic violence,
    • Preventing or reducing a serious threat to anyone’s health or safety

 
WEBSITE AND THIRD-PARTY CONTENT

• Third-Party services, content, information and products may be made available or recommended by us.
• Third-Party products are provided solely for the convenience of Users of Services.
• We make no representation or warranty regarding any Third-Party product; nor do we take any responsibility or assume any liability for any Third-Party product.
• Third-Party Products are subject to the applicable terms and policies of the third parties that offer them.
• The Site provides the provision of care between consumers and qualified providers. The Site does not directly provide medical care.
• Other than information received directly by users from therapists or clinicians, the content on the Site should not be considered medical advice.
• None of the content on the Site represents or warrants that any particular treatment or product is safe, appropriate or effective for you.

INTELLECTUAL PROPERTY RIGHTS

• The interfaces, content, arrangement and layout of the Site including, but not limited to, the Star Triage or OSSPT logos, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content and any compilation of the foregoing (“On-Site Solutions Physical Therapy Intellectual Property” or “OSSPT Intellectual Property”) are the property of OSSPT, except where otherwise noted , and are protected from copying, imitation, communication, or simulation under U.S. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of On-Site Solutions Physical Therapy.
• You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site.
• You agree not to display or use and OSSPT Intellectual Property or Third-Party content located on the Site in any manner not expressly permitted under these Terms.
• If you discover or believe that the Site or Services or any information on the Site, including any content, infringes upon any copyright or other intellectual property that you own or control, you may file a notice under our Intellectual Property Policy.
• In the event of any Third-Party claim that the Site or Service infringes that Third Party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property claim.

PROHIBITED CONDUCT

• By clicking ‘I ACCEPT’ or through your use of the Services, you agree not to:

• Violate any applicable law or regulation;
• Access or use, or attempt to access or use, the Services to take any action could harm us or any third party, interfere with the operation of the Services, or sue the Services in a manner that violates any laws;
• Provide information, when setting up your account or scheduling an appointment that is untrue, inaccurate, not current or incomplete;
• Transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
• Transmit any message or information that infringes or violates the intellectual property, privacy or publicity rights of others;
• Transmit any message or information that is unlawful, libelous, defamatory, obscene, harmful, abusive, hateful or predatory to minors;
• In any way obstruct or otherwise interfere with the normal performance of another person’s use of the Site and/or the Services;
• Obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other software data;
• Engage in unauthorized phishing, pharming, spidering, “scraping”, or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
• Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate content received through the Services to anyone without prior express permission;
• Use any device, software, virus or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability or, or breach the security of any system or network;
• Attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services;
• Or engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our judgement, exposes us, our users, affiliates or any other third party to any detriment of any type.

JURISDICTION AND GOVERNING LAW

• The Site and The Services originated and is intended for use in the United States. If you access the site from outside the United States, you do so at your own risk and the laws of your jurisdiction will apply. OSSPT does not claim that any information or material is appropriate for, or maybe be used, outside the United States.
• The disclaimers, terms and conditions of use in the Terms are governed by, and will be construed under, the laws of the United States of America and the law of the State of Minnesota. All disputes arising out of or related to your use of the Site and the Services shall be subject to the exclusive jurisdiction of the state and federal courts located within Hennepin County, Minnesota and you agree to submit to the personal jurisdiction of such courts.

 
INDEMNITY

• You agree to defend, indemnify and hold On-Site Solutions Physical Therapy and its successors and assigns, their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys fees and costs) arising out of or relating to:
  • Your use or misuse of the Site or the Services;
  • Your breath or alleged breach of Terms, including, without limitation, a breach or alleged breach of any representation or warranty by you in these Terms;
  • Your violation of any law, rule, regulation or rights of others in connection with your use of the Site or the Services;
  • Infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights of the violation of any property or privacy right arising from any of the User Content or Comments that you post on the Site or transmit through Services.

DISCLAIMER OF WARRANTIES

• The Site and the Services are provided on an as is and as available basis for your use, without warranties of any kind, either express or implied, including without limitation, warranties of satisfactory usage of trade.
• OSSPT make no warranty as to the quality, accuracy, completeness or reliability of any content available through, or the performance of, the Site or the Services.
• By clicking “I ACCEPT”, you acknowledge that you are responsible for verifying any information before relying on it.
• Use of the Site and the Services is at your sole risk.
• On-Site Solutions Physical Therapy does not warrant that:
  • You will be able to access or use the Site or the Services at the times or locations of your choosing;
  • The operation of the Site or the Services will be uninterrupted or error free;
  • Defects will be corrected;
  • The Site or the Services are free of viruses or other harmful components.
  • The Site or the Services will meet your expectations or requirements.
  • Note: because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

LIMITATION OF LIABILITY

• To the maximum extent permitted by law, in no event shall OSSPT or any of its affiliates, together with its respective directors, officers, employees and agents, be liable with respect to any of these Terms whether based in contract, tort (including negligence), strict liability or other legal or equitable theory for:

 

• Any lost or corrupted data, lost profits, loss or damage to any computer, mobile phone or other device or any direct, incidental, consequential or special or exemplary damages arising out of or in any way connected to with access to or use of the Site or Services even if OSSPT and/or its affiliates have been advised of the possibility of such damages;
• The use or the inability to use the Site or the Services;
• Unauthorized access to or alteration of your transmissions or data;
• Statements or conduct of any Third Party on the Site;
• Any other matter relating to the Site or the Services;
• Or, the cost of procuring substitute goods, services or technology to the full extent permissible under applicable law, OSSPT Aggregate Liability to you or any Third Party in any circumstance shall not exceed one hundred dollars ($100).
• By clicking “I ACCEPT” or using Services you acknowledge and agree that your sole remedy for any problems or dissatisfaction with the Site, the Software or any portion of the Services is to terminate your account and discontinue use of the Site and the Services.