TERMS OF USE

These Terms of Use (“TOU”) are an agreement between you and Rika Health, Inc., a Delaware business corporation operating under the brand name of Temo Care (“Temo Care ”) concerning your access to and use of, various services offered through our website www.temocare.com, and any web-based and/or mobile applications that require you to create an account in order to use the Services (as such term is hereinafter defined) (collectively, the “Site”) By accessing, browsing, and/or using the Site, you accept and agree to be bound by the TOU and the Privacy Policy (collectively, the “Terms and Conditions”). If you do not agree to all of these Terms and Conditions, do not access or use the Site. If you have questions regarding these Terms and Conditions, please contact us at info@temocare.com

These TOU may change. Because your use of the Site means that you agree to these TOU, if we revise and update these TOU, your continued use of Temo Care and the Site will mean that you accept these changes. You choose whether or not to use Temo Care and the Site. If you do not agree to all of these TOU, please do not use Temo Care and the Site.

IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

Your Relationship with Temo Care

Temo Care, on its own behalf and on behalf of one or more professional corporations and/or professional limited liability companies incorporated, formed or authorized in one or more states and for which Rika Health, Inc. provides administrative services (collectively, the “Professional Entities”), makes certain information available to you regarding remote spinal care (“Telehealth Visits”) a nd facilitates your access to telemedicine and expert medical services provided by the Professional Entities (the “Services”). Our Privacy Policy details how we may use, share and maintain any information that you provide to us or to the Professional Entities. Temo Care's role is limited to making such information available to you and/or facilitate your access to the Services, on behalf of the Professional Entities as their “business associate” as that term is defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”). Temo Care is independent from the Professional Entities and the healthcare providers that may provide you with telehealth services through the Professional Entities. Temo Care is not responsible for the Professional Entities’ acts, omissions or for any content of the communications made by them to you. Temo Care does not engage in the practice of medicine or provide any other health services.

Temo Care itself does not offer any diagnosis or treatment. ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY TEMO CARE IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY AND IS IN NO WAY INTENDED TO CREATE A PROVIDER-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. USE OF THE TEMO CARE SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT AND RELIANCE ON ANY INFORMATION PROVIDED BY TEMO CARE IS SOLELY AT YOUR OWN RISK.

Temo Spine Care, P.A., a Texas professional association, and Temo Spine Care California, P.C., a California professional corporation.

Telehealth Visits and the Services

In connection with accessing the Services and Telehealth Visits, you acknowledge, understand, consent and agree to the following:

  • Telehealth Visits involve the use of electronic communications to enable the providers under contract and/or employed by the Professional Entities (the “Providers”) at different locations to share individual patient medical information for the purpose of providing the Services and improving patient care.
  • A Telehealth Visit is not the same as an in-person direct patient/healthcare provider visit, because you will not be in the same room as the Provider providing the Services.
  • You understand that parts of your care and treatment that require physical tests or examinations may be conducted by providers other than the Provider.
  • The communications systems used during the Telehealth Visits will incorporate reasonable security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.
  • Nevertheless, you understand that there are potential risks to the use of this technology during the Telehealth Visits, including but not limited to:
    • a. Delays in medical evaluation and consultation or treatment may occur due to deficiencies or failures of the equipment or network interruption
    • b. Security protocols could fail, causing a breach of privacy of personal health information
    • c. Lack of access to complete medical records may result in adverse drug interactions or allergic reactions or other negative outcomes; and
    • d. Interruptions, unauthorized access by third parties, and technical difficulties.
  • You are aware that either the Provider or you can discontinue the Telehealth Visit if we believe that the videoconferencing connections are not adequate for the situation.
  • You understand that the Telehealth Visit will not be audio or video recorded at any time, and you agree not to audio or video record the Telehealth Visit.
  • In connection with a Telehealth Visit, you may be requested by a Provider to upload, post, publish or display (hereinafter, “upload”) images, videos, photographs, information, data, text, messages or other materials (“content”). You will ensure that all content you upload or share with the Professional Entities and the Providers complies with all applicable laws, rules and regulations, is appropriate and non-offensive, and that you have all necessary rights to use, share, and/or upload such content, without infringing any third party rights.
  • To the extent applicable, you hereby consent and authorize the Professional Entities and any Provider associated with the Professional Entities to review and use content you have uploaded to the Site in connection with the Services provided to you pursuant to any Telehealth Visit.
  • You agree that the Professional Entities may use and disclose your Protected Health Information (as that term is define under HIPAA) in accordance with applicable law and the Notice of Privacy Practices provided to you.
  • You acknowledge that you have the right to request the following:
    • a. Omission of specific details of your medical history/physical examination that are personally sensitive, or
    • b. Asking non-medical personnel to leave the room where the Provider is conducting the Telehealth Visit at any time if their presence is not mandated for safety concerns, or
    • c. Termination of the service at any time.
  • You agree that you are entering into an agreement with the Professional Entities which shall be a provider of the Services to you, which means, among other things, you are entering into a practitioner-patient relationship with the Provider associated with the Professional Entities that personally performs the Services.
  • You understand and agree that Temo Care is the provider of certain administrative services to the Professional Entities and does not provide professional medical services itself.
  • In connection with the Services and the provision of Telehealth Visits, you consent and agree to the release of your medical records which other treating providers may have.
  • Prescriptions. With respect to Telehealth Visits, you agree that Providers associated with the Professional Entities may not prescribe the following drugs:
    • a. Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III).
    • b. Prescriptions for medications that are restricted by states.
    • c. Prescriptions for medications for psychiatric illnesses .
  • Neither Temo Care nor the Professional Entities is a drug fulfillment warehouse. In the event that a Provider associated with the Professional Entities does prescribe a medication, he/she will limit the supply based on state regulations and will only prescribe a medication, as determined appropriate in his/her sole discretion and professional judgment. The Professional Entities does not guarantee that a prescription will be written.
  • You agree that any prescriptions that you acquire from a Provider shall be solely for your personal use. You agree to fully and carefully read all product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.

Payment for Services.

In connection with your enrollment with Temo Care, you acknowledge and agree that the Professional Entities are not enrolled with, and are not participating providers with, any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any health and clinical care services or supplies and, as such, neither you nor Temo Care nor the Professional Entities may receive payment from such programs for the Services provided to you by Temo Care and/or the Professional Entities.

By agreeing to use the Services, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal or state healthcare program and you have sole financial responsibility for all Services provided to you, and (2) neither you nor Temo Care nor the Professional Entities nor any pharmacies used in connection with the Services will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services.

Subject to any ability to refund as hereinafter set forth, you agree that you will be charged for the Services, by providing a credit card or other payment method accepted by Inner (“Payment Method”), and you are expressly agreeing that Temo Care is authorized to charge to the Payment Method any fees for Services, together with any applicable taxes.

You agree that authorizations to charge your Payment Method remains in effect until you cancel it in writing, and you agree to notify Temo Care of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the Services. You acknowledge that the origination of ACH transactions to your account must comply with applicable provisions of U.S. law. In the case of an ACH transaction rejected for insufficient funds, Temo Care may at its discretion attempt to process the charge again at any time within 30 days.

Your Representations, Warranties and Covenants to Temo Care

By accessing the Site, 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 TOU with Temo Care, (iii) the information you have provided to Temo Care in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Site (v) you will not interfere with a third party's use and enjoyment of the Site (vi) you will not interfere with or disrupt Temo Care's or its vendors' security measures, (vii) if any information you provide to Temo Care becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Temo Care, and (viii) you are accessing the Site for yourself.

In connection with your relationship with Temo Care, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information. We will use your information in accordance with our Privacy Policy.

Temo Care is designed to support your health decisions and choices you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive from a formal provider-patient relationship. Always use common sense when making health decisions. Temo Care cannot make decisions for you. Temo Care is not a place for treatment or diagnosis. Please use any information you find on the Site responsibly.

You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality, or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including internet connection or mobile fees that you incur while using the Site. You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through the Site. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.

Access to the Site.

The Site and the information and content available through the Site are protected by copyright laws throughout the world. Subject to these TOU, Temo Care grants you a limited, non-transferable, and revocable license to access and use the Site for your personal use. Unless otherwise specified by Temo Care in a separate license, your right to use any of the services available through the Site is subject to these TOU and all rights are reserved by Temo Care. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying this Site.
Any use or attempted use of this Site (1) for any unlawful, unauthorized, fraudulent, or malicious purpose; (2) that could damage, disable, overburden, or impair the Site; (3) that could interfere with any other party’s use and enjoyment of the Site; (4) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining, or any other means; or (5) for any other use other than the business purpose of which it was intended, is prohibited. Temo Care reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Temo Care further reserves the right to monitor general use of the Site at any time as it deems appropriate and to remove any materials that may violate these TOU.
Temo Care may terminate your use of the Site or any of Temo Care’s features or services at any time and for any reason without notice. You agree that if your use of the Site is terminated pursuant to these TOU, you will not attempt to use the Site under any name, real or assumed. Except as otherwise provided in the Privacy Policy, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you any information to use, or any other information that we have that relates to you.

Third Party Links.

Temo Care may provide links to third-party web sites. Temo Care does not recommend and does not endorse the content on any third-party websites. Temo Care is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements. Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites. Temo Care does not endorse any product, service, or treatment advertised on the Site. Temo Care does not control and is not responsible for the privacy practices of such third parties. Temo Care encourages you to review the privacy policies of each website and application you visit and use.

Limitation on Use by Minors

Our service is intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual accesses the Site. The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age. If Temo Care obtains actual knowledge that it has collected personal information through the Site from a person under eighteen (18) years of age, Temo Care will use reasonable efforts to refrain from using such personal information or maintaining it in retrievable form. Individuals under eighteen (18) years of age (and/or their parent or guardian) may contact Temo Care if they believe their personal information has been collected and/or displayed on the Site and request its removal and/or destruction.
Please note that Temo Care is not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example: (1) when an international, federal, state, or local law, rule, or regulation requires Temo Care to maintain the content or information; (2) when Temo Care maintains the content or information on behalf of a user’s healthcare provider as part of such user’s medical record; (3) when the content or information is stored or posted to the Site by a third party other than the user (including any content or information posted by the user that was stored, republished, or reposted by the third party); (4) when Temo Care anonymizes the content or information, so that such user cannot be identified individually; (5) when such user does not request that such information be removed from the Site; and (6) when such user has received compensation or other consideration for providing the content or information.
The foregoing is not intended to be an admission that Temo Care is subject to the Child Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Online Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

Account Information

When you create an account with Temo Care, you are creating a direct customer relationship with Temo Care that enables you to access and/or utilize various functions of the Site. As part of that relationship, you will provide certain information to Temo Care, including but not limited to, your name, email address, shipping address, phone number, and certain transactional information that Temo Care does not consider to be “protected health information” or “medical information”. Temo Care will use the data and information that you provide in accordance with its Privacy Policy.

Data Retention

Temo Care may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide its users with the Services. Temo Care may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Temo Care or as required by law. Please see the Privacy Policy for additional information about how your data will be handled by Temo Care.

Transactions

In connection with any transaction they conduct through the Site, users of the Site may be asked to supply certain information relevant to the transaction, including, without limitation, credit card numbers and expiration dates, billing addresses, shipping addresses, phone numbers, or email addresses. By submitting such information, users grant Temo Care without charge the irrevocable, unencumbered, universal, and perpetual right to provide such information to third parties for the purpose of facilitating the transaction.

Waiver

No delay or omission by Temo Care to exercise any right or power it has under these TOU 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 Temo Care must be in writing and signed by an authorized representative of Temo Care.

Jurisdictional Issues

These TOU, the Privacy Policy, and Temo Care’s collection, use, and disclosure of information are governed by United States law.

Miscellaneous

Temo Care strives to use reasonable physical, technical, and administrative measures to protect information under its control. However, you as a user of the Site are responsible for keeping your account passwords and login information secure and confidential, and you are responsible for any all use of the Site. If you have reason to believe that the security of your account has been compromised, please notify us immediately at info@temocare.com.
As a User of the Site, you may choose to not provide us with certain information, but this may limit the features you will be able to user, or it may prevent you from using the Site all together. You may also choose to opt out of receiving certain communications from Temo Care.
Temo Care may supplement, amend, or otherwise modify these TOU at any time. When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically.

Disclaimers

YOUR ACCESS AND USE OF THE SITE IS VOLUNTARY AND IS AT YOUR SOLE RISK. TEMO CARE DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SITE AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. TEMO CARE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SITE. TEMO CARE DOES NOT WARRANT THAT THE SITE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, OR IMPERFECTIONS.

Limitation of Liability

IN NO EVENT SHALL TEMO CARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS OF USE, OR INABILITY TO USE THIS SITE OR ANY OTHER SITE LINKED TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, SITE, ERRORS, OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THE SITE. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST TEMO CARE FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THE SITE.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST TEMO CARE ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF YOUR USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Entire Agreement

These TOU and any other agreements Temo Care may post on the Site or that you and Temo Care may execute from time to time constitute the entire agreement between Temo Care and you in connection with your use of the Site and supersede any prior agreements between Temo Care and you regarding use of the Site, including prior versions of these TOU.

Governing Law and Jurisdiction

Accessing this Site or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited. Notwithstanding the laws of the location from which you access the Site, you agree that the statutes and laws of the State of Delaware, notwithstanding any principles of conflicts of law, will apply to all matters relating to the use of the Site. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Delaware, New Castle County, in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction.
If any part of these TOU are deemed unlawful, void, or unenforceable, such part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Arbitration.

In the event of any dispute between you and Temo Care, you agree that such dispute shall be resolved through arbitration in Cook County, Illinois by the American Health Lawyers Association (“AHLA”) Dispute Resolution Service and conducted pursuant to the applicable AHLA Rules of Procedure for Arbitration (the “Arbitration Rules”). The fees and expenses of any arbitration shall be allocated in accordance with the “Standard Allocation” provisions of the Arbitration Rules. The award of the arbitrator shall be final, binding and conclusive on all parties to the arbitration.

Changes to this Agreement

When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically. Your continued use of Temo Care constitutes your agreement to the changed TOU.