WellVia Terms and Conditions of Use

Revised September 1, 2014

By purchasing and using the WellVia service, you agree to the following terms and conditions concerning remote medical consultations via telephone and/or secure web-based video, when available (“Remote Consultations”) to which WellVia provides access.

  1. Remote Consultations. Prior to accessing a Remote Consultation, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to (i) agree to these Terms and Conditions of Use, (ii) register for the Remote Consultations under your own name; and (iii) use such services in accordance with these Terms and Conditions of Use and abide by the obligations hereunder.
  2. You agree to fully, accurately and truthfully create your WellVia personal account, including, but not limited to, your name, address, telephone number, date of birth, e-mail address, gender, and other pertinent data. You agree to prohibit anyone else from using your WellVia personal account and credentials and you agree to immediately notify WellVia of any actual or suspected unauthorized use of your WellVia personal account or credentials or other security concerns of which you become aware.
  3. You agree that you are entering into an agreement with Wellspring Physician, P.A./P.C. (the “Professional Entity”) which shall be a provider of professional medical services to you.
  4. You are entering into a physician – patient relationship with the physician associated with the Professional Entity that personally performs the Remote Consultation with you.
  5. WellVia is the provider of certain administrative services to the Professional Entity and does not provide professional medical services itself.
  6. You agree to pay the Remote Consultation Fee prior to a Remote Consultation being administered.
  7. You agree to WellVia’s HIPAA Privacy Notice, the terms of which are incorporated herein by reference.
  8. You agree that physicians associated with the Professional Entity may not prescribe the following drugs:
  9. You agree to provide accurate, current and complete information about yourself for your WellVia personal account, and to periodically review and to update such information as needed to keep it accurate, current and complete.
  10. It is your responsibility to confirm any third party information for yourself, or information regarding a minor child of whom you are a parent or legal guardian, in your WellVia personal account.
  11. To permit you to access Remote Consultations on behalf of a minor child of whom you are a parent or legal guardian, you must establish a subaccount under your name. Any such subaccount is subject to these Terms and Conditions of Use and the Privacy Notice.
  12. You agree to the entry of your medical records into the Professional Entity’s computer database and understand that reasonable measures have been taken to safeguard your medical information, in accordance with federal HIPAA standards, as amended to date, but no computer or phone system is totally secure. The Professional Entity recognizes your privacy and, in accordance with WellVia’s Privacy Notice, will not release information to anyone without your written authorization or as required or permitted by law.
  13. You understand and agree Remote Consultations involve the communication of your medical information, both orally and visually, to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction.
  14. Consequently, you understand that you have all the following rights with respect to Remote Consultations:
  15. Follow-up. In the event that the diagnosis and treatment by the physician associated with the Professional Entity does not resolve the medical issue for which you sought a live Remote Consultation, you agree to consult with your primary care physician in person for follow-up treatment and/or seek treatment, if necessary, at a local hospital emergency department.
  16. Consequences. You understand that, by having your consent to Remote Consultations, the physician associated with the Professional Entity may communicate medical information concerning you to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction.
  17. MEDICAL EMERGENCY. IF YOU HAVE, OR ARE HAVING, A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR PHYSICIAN OR LOCAL EMERGENCY NOTIFICATION SYSTEM, OR GO TO YOUR LOCAL EMERGENCY ROOM.
  18. External Links. This Website may include links to other sites that are not owned by or under WellVia’s control and WellVia is not responsible for, and makes no representations, warranties or recommendations with respect to the usefulness, availability or content of any such sources, and you assume all responsibility with respect to the use of such sites and any and all information or services furnished through such sites.
  19. Adverse Technical Effects. All information is transmitted over a medium which is beyond our control and jurisdiction. Accordingly, WellVia assumes no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Website or sites accessed through this site.
  20. Limitation Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WellVia BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE WEBSITE OR ENGAGING IN A REMOTE CONSULTATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. WellVia IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE USE OF THIS WEBSITE AND/OR ANY MATERIAL LINKED THROUGH THE WEBSITE.
  21. Copyright and Trademarks. All content included on the Website including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the "Content"), in any form including the compilation thereof, are proprietary to WellVia and protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by WellVia and Content owned or controlled by third parties and licensed to WellVia. Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without our express written consent. You are authorized only to use the Website for personal use and are not authorized to reproduce, sell or exploit the Website or content of the Website for commercial purposes.
  22. Indemnification. You agree to indemnify and hold harmless WellVia and its officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors and others involved in the development or the delivery of products, services or information over the Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions of Use or your use of the Website or any products, services or information obtained from the Website.
  23. Amendment of Terms and Conditions of Use. WellVia has the right to amend these Terms and Conditions of Use at any time without notice to you by posting the revised Terms and Conditions of Use on this Website. You agree that you are bound by those changes by continuing to use the Service and the Website.
  24. Choice of Law. By using the Website, you agree that the laws of the state of Texas without regard to principles of conflict of laws, will govern these Terms of Use and any dispute that might arise between you and WellVia. You agree and expressly consent to the exercise of personal jurisdiction in the courts of Tarrant County, Texas, in connection with any claim involving the Service or the Website.