Effective October 1, 2021 Last Updated: October 1, 2021
NOTICE OF PRIVACY PRACTICES
THIS NOTICE OF PRIVACY PRACTICES (“NOTICE”) DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU OR YOUR CHILD OR OTHER FAMILY MEMBER MAY BE USED AND DISCLOSED AND HOW YOU CAN OBTAIN ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Specifically, this Notice describes the privacy practices of Pomelo, P.C. and other affiliated medical practices (collectively, “Pomelo Providers,” “We” or “Us”), the independent professional medical entity that contracts with Pomelo Care, Inc. (“PomeloCare”), operates as a covered entity, and provides the requested medical services. Among other things, Pomelo Providers contracts with Pomelo Care to license Pomelo Care’s web application to provide Pomelo Providers with the capability to receive, respond to and schedule requested professional services. Pomelo Care does not provide any professional services. All of the entities will share personal health information of patients as necessary to carry out treatment, payment, and health care operations as permitted by law. Use or disclosure pursuant to this Notice may include electronic transmittal or disclosure of your personal health information. For purposes of this Notice, any references to “you” or “your” also include your child or other family member to the extent that your child or other family member is being treated or receiving services from Pomelo Providers.
The Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”) requires us to ask each of our patients to acknowledge receipt of this Notice. The Notice is published on the Pomelo Care website and the Pomelo Care mobile application. You acknowledge receipt of the Notice by clicking on the applicable acknowledgement button, or by indicating your acknowledgement in another written or digital manner provided.
We are required by HIPAA and certain state laws to maintain the privacy of our patients’ personal health information and to provide patients with notice of our legal duties and privacy practices with respect to personal health information. We are required to abide by the terms of this Notice for as long as it remains in effect. We reserve the right to change the terms of this Notice as necessary and to make a new Notice effective for all personal health information maintained by Pomelo Providers. Should we make a change, you may obtain a revised copy from the location providing treatment. We are also required to inform you that there may be a provision of state law that relates to the privacy of your health information that may be more stringent than a standard or requirement under the Federal Health Insurance Portability and Accountability Act. A copy of any revised Notice of Privacy Practices or information pertaining to a specific state law may be obtained by mailing a request to Pomelo, P.C., 4701 Sangamore Road, Suite-100-N, Bethesda, MD 20816 or by email to firstname.lastname@example.org.
USES AND DISCLOSURES OF YOUR PERSONAL HEALTH INFORMATION
Uses and Disclosures That May Be Made Without Your Consent
Uses and Disclosures for Treatment: We may make use and disclosures of your personal health information as necessary for your treatment. Doctors, nurses and other health care professionals involved in your care will use information in your medical record and information that you provide about your symptoms and reactions to your course of treatment that may include procedures, medications, tests, medical history, etc. We may participate in health information exchanges (“HIEs”) and may electronically share your medical information for treatment, payment and healthcare operations purposes with other participants in the HIEs. HIEs allow us, and your other healthcare providers and organizations, to efficiently share and better use information necessary for your treatment and other lawful purposes. In some states, the inclusion of your medical information in an HIE is voluntary and subject to your right to opt-in or opt-out; if you choose to opt-in or not to opt-out, we may provide your medical information in accordance with applicable law to the HIEs in which we participate.
Uses and Disclosures for Payment: We may make uses and disclosures of your personal health information as necessary for payment purposes. During the normal course of business operations, we may forward information regarding your medical procedures and treatment to your insurance company to arrange payment for the services provided to you. We may use your information to prepare a bill to send to you or to the person responsible for your payment.
Uses and Disclosures for Health Care Operations: We may use and disclose your personal health information as necessary, and as permitted by law, for our health care operations, which may include clinical improvement, professional peer review, business management, accreditation and licensing, etc. For instance, we may use and disclose your personal health information for purposes of improving clinical treatment and patient care practices.
Business Associates: Certain aspects and components of our services are performed through contracts with outside persons or organizations (including Pomelo Care) such as auditing, accreditation, outcomes data collection, legal services, etc. At times it may be necessary for us to provide your personal health information to one or more of these outside persons or organizations who assist us with our health care operations. In all cases, we require these business associates to appropriately safeguard the privacy of your information.
Appointments and Services: We may contact you via email, phone call, text message, or through secure online tools such as your Pomelo Care patient account to provide appointment reminders or information about your treatment or other health-related benefits and services that may be of interest to you. If you choose to communicate with us via emails, texts or chats, you acknowledge that we may exchange personal health information with you via email, text or chat, that email, text and certain chat functionality may not be a secure method of communication, and that you agree to the security risks of such communication. You have the right to request, and we will accommodate reasonable requests by you, to receive communications regarding your personal health information from us by alternative means or at alternative locations. For instance, if you wish to have appointment reminders sent to a particular address, we will accommodate reasonable requests. You also have the right to request that we not send you any future marketing materials and we will use our best efforts to honor such request. You may make your requests by sending your name and address to Pomelo, P.C., 4701 Sangamore Road, Suite-100-N, Bethesda, MD 20816 or by email to email@example.com.
Other Uses and Disclosures: We are permitted and/or required by law to make certain other uses and disclosures of your personal health information without your consent or authorization for the following: any purpose required by law; public health activities, such as required reporting of disease, injury, birth and death, or required public health investigations; to do research; if we suspect child abuse or neglect; if we believe you to be a victim of abuse, neglect, or domestic violence; to the Food and Drug Administration to report adverse events, product defects, or to participate in product recalls; to your employer when we have provided health care to you at the request of your employer; to a government oversight agency conducting audits, investigations, or civil or criminal proceedings; in response to a court or administrative ordered subpoena or discovery request; to law enforcement officials as required by law to report wounds and injuries and crimes; to coroners and/or funeral directors consistent with law; to respond to organ and tissue donation requests; if you are a member of the military we may also release your personal health information for national security or intelligence activities; and to workers’ compensation agencies for workers’ compensation benefit determination or as otherwise required under workers’ compensation laws.
Uses and Disclosures That May Be Made Without Your Authorization With the Opportunity to Object
Unless you object, we may from time to time disclose your personal health information to designated family, friends, and others who are involved in your care or in the payment for your care in order to facilitate that person’s involvement in caring for you or paying for your care. If you are unavailable, incapacitated, or facing an emergency medical situation and we determine that a limited disclosure may be in your best interest, we may share limited personal health information with involved individuals without your approval. We may also disclose limited personal health information to a public or private entity that is authorized to assist in disaster relief efforts in order for that entity to locate a family member or other persons that may be involved in some aspect of caring for you.
Uses and Disclosures Based Upon Your Written Consent
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 personal health information for most marketing purposes.
Sale of Personal Health Information: We must obtain your written authorization for any disclosure of your personal health information that constitutes a sale of personal health information.
Other Uses: Other uses and disclosures of your personal health information, not described above, will be made only with your written authorization. You may revoke your authorization, at any time, in writing, except to the extent that we have already taken action in reliance on such prior authorization.
RIGHTS THAT YOU HAVE REGARDING YOUR PERSONAL HEALTH INFORMATION
Access to Your Personal Health Information:
You have the right to a copy and/or inspect much of the personal health information that we retain on your behalf. All requests for access must be made in writing and signed by you or your legal representative and access is usually provided within 30 days of the request. If you request a copy of your personal health information you may be charged a nominal fee for copying and postage. In certain situations, we may deny your request and will tell you why we are denying it. In some cases, you may have the right to ask for a review of our denial.
Amendments to Your Personal Health Information:
You have the right to request in writing that personal health information that we maintain about you be amended or corrected. We are not obligated to make all requested amendments but will give each request careful consideration. All amendment requests must be in writing, signed by you or your legal representative, and must state the reasons for the amendment/correction request. If an amendment or correction request is made, we may notify others who work with us if we believe that such notification is necessary.
Breaches of Unsecured Personal Health Information:
You have the right to be notified if you are affected by a breach of unsecured personal health information.
Receive Confidential Communications From Us by Alternative Means or at Alternative Locations:
You have the right to request that we communicate with you in a certain way or at a certain location. Your request must be in writing and specify how and where you would like to be contacted. We will accommodate all reasonable requests.
If you believe your privacy rights have been violated, you can file a complaint in writing with the Privacy Officer, Pomelo, P.C., 4701 Sangamore Road, Suite-100-N, Bethesda, MD 20816. You may also file a complaint with the Secretary of the U.S. Department of Health and Human Services in Washington D.C. in writing within 180 days of a violation of your rights. There will be no retaliation for filing a complaint.
Accounting for Disclosures of Your Personal Health Information:
You have the right to receive an accounting of certain disclosures made by us of your personal health information. Requests must be made in writing and signed by you or your legal representative. The first accounting in any 12-month period is free. You will be charged a fee for each subsequent accounting you request within the same 12-month period. You will be notified of the fee at the time of your request.
Restrictions on Use and Disclosure of Your Health Information:
You have the right to request restrictions on uses and disclosures of your personal health information for treatment, payment, or health care operations. We are not required to agree to your restriction request, but will attempt to accommodate reasonable requests when appropriate. However, we must agree not to disclose your personal health information to your health plan if the disclosure is for payment or health care operations and relates to a health care item or service which you paid for in full out of pocket. We retain the right to terminate an agreed-to restriction if we believe such termination is appropriate. In the event of a termination by us, we will notify you of such termination. You also have the right to terminate, in writing or orally, any agreed-to restriction by sending us such termination notice.
You have the right to obtain a paper copy of this notice from us.
FOR FURTHER INFORMATION: If you have questions or need further assistance regarding this Notice, you may contact us at Pomelo, P.C., 4701 Sangamore Road, Suite-100-N, Bethesda, MD 20816, or by email at firstname.lastname@example.org.
Effective October 1, 2021 Last Updated: October 8, 2021
Personally Identifiable Information (“PII”), including PHI, means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, a home, postal or other physical address, and phone number.
Information You Provide to Us. We collect your PII when you create a Pomelo Care account via the Site, the App, interact with us on the Pomelo Care platform, and when you submit your PII to us through the Services for any other reason. If you create an account through the Site or the App or register to use our Membership Services, we may also collect your credit or debit card information, title, birth date, gender, occupation, industry, personal interests, and other information.
Web beacons (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included in our Services for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services , and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, web beacons are typically embedded invisibly on web pages (or in an e-mail).
Information Related to Your Use of the Services. If you have not created an account, when you use our Services, you use our Services anonymously. We do automatically log your IP address (the Internet address of your computer) and other information such as your browser type, operating system, the web page that you were visiting before accessing our Services, the pages or features of our Services to which you browsed to give us an idea of which part of our Services you visit and how long you spend there (we refer to this information as “Log Data”). But we do not link your IP address to any PII unless you have logged in via your account. We use Log Data to administer the Services and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance the Services by expanding their features and functionality and tailoring them to our users’ needs and preferences.
Information Sent by Your Mobile Device. We collect certain information that your mobile device sends when you use our Services, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Services. You understand that, by logging onto the Site or App on your mobile device, some information pertaining to your medical treatment may be stored to your mobile device. We are not responsible for any unauthorized access by any third party to such information on your mobile device.
Location Information. When you use our Site or App from your mobile device, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or course location if you enable location services on your device. We may use location information to improve and personalize our mobile Site or App for you. If you do not want us to collect location information, you may disable that feature on your mobile device.
Information Sharing and Disclosure
Your PII is not shared outside of Pomelo Care without your permission, except as described below.
Information Shared with Our Services Providers. We may engage third-party services providers to work with us to administer and provide the Services. These third-party service providers have access to your PII only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your PII for any other purpose.
Information Shared with Third Parties. We may share your aggregated information and non-identifying information with third parties to conduct on-going quality improvement activities, or for industry research and analysis, demographic profiling and other similar purposes.
Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including PII, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your PII, may be disclosed or transferred to a third party acquirer in connection with the transaction.
Your Ability to Review Your Account and Information
You can review your PII by logging into the App, or other portions of the Pomelo Care platform to which you have access.
Your account information is password-protected for your privacy and security. Pomelo Care safeguards the security of the information you provide to us with physical, electronic, and managerial procedures. In certain areas of our Site and App, we use industry-standard SSL-encryption to enhance the security of data transmissions. While we strive to protect your PII, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your PII when you are on the Internet. Change your passwords often, use a combination of letters, numbers, and characters, and make sure you use a secure browser.
Responding to Do Not Track Signals
Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers.
Children and Privacy
Our Services are intended for parents and their newborn children. As such, we do not target or knowingly solicit PII from children under the age of 13 or send them requests for PII. If we learn that we have collected PII directly from a child under 13, we will take steps to delete such information from our files as soon as possible. Notwithstanding the foregoing, we may collect PII about children under 13 that parents or guardians provide to us when establishing an account for their children’s records and in the course of care.
Third Party Sites
The Services contain links to other sites that are owned or operated by third parties. We are not responsible for the content, privacy or security practices of any third parties. To protect your information, we encourage you to learn about the privacy policies of those third parties.
Your information is stored by Pomelo Care on controlled servers with limited access and may be stored and processed in the United States or any other country where Pomelo Care or our agents are located. If you’re located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States and process it there. Those who choose to access and use the Service from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
Notice for California Users and Residents
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Services, please send an email to email@example.com. You may also contact us by writing to Pomelo Care, 3 Perrine Avenue, # 505, Jersey City, NJ 07306. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask for a notice identifying the categories of PII which we share with certain third parties for direct marketing purposes under certain circumstances and providing contact information for such third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: Pomelo Care, 3 Perrine Avenue, # 505, Jersey City, NJ 07306.
Questions or Suggestions
If you have questions or concerns about our collection, use, or disclosure of your PII, please email us at firstname.lastname@example.org. You may also contact us by writing to Pomelo Care, 3 Perrine Avenue, # 505, Jersey City, NJ 07306.
Effective October 1, 2021 Updated Date: January 13, 2022
Pomelo Care provides non-clinical services. These Terms govern Your access to and use of the non-clinical Services offered by Pomelo Care. If You and/or Your Covered Family Member intend to receive professional services provided by Pomelo Providers, you understand and agree that You and Your Covered Family Member, as applicable, will be bound by and subject to Pomelo Providers’ Provider Services Terms. Please read the Provider Services Terms, including the Consent to Treatment via Telehealth, carefully before receiving any professional services, including telehealth services, from Pomelo Providers.
Pomelo Providers’ Notice of Privacy Practices explains how Pomelo Care protects your protected health information as required by law.
YOU AGREE THAT DISPUTES BETWEEN YOU AND POMELO CARE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN SECTION 10 BELOW. YOU ARE HEREBY WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Updates to the Terms.
Pomelo Care may, in its sole discretion, without prior notice to you, revise these Terms at any time. Should these Terms change materially, Pomelo Care will provide an “Updated” date directly below the “Effective” date above and post a notice regarding the updated Terms. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the updated date, You will be bound by the updated Terms, including any changes to the Agreement to Arbitrate set forth in Section 11.
2. Account Registration and Security.
You may use the Services only if You are 18 years or older and solely for your own personal, non-commercial use, or on behalf of Your Covered Family Member for the use of the Services with Your supervision. To access certain features of the Services or to become a member, You must create an account via the Site or App. Parents and guardians must register on behalf of any Covered Family Member under the age of 18. It is important that You provide Us with accurate and complete information for your account and update such information as needed. You are responsible for protecting your account username and password, and for all activities that occur under Your account. You should immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your account or Your personal information.
3. Acknowledgement of Membership Fee
Pomelo Care may charge a membership fee for access to certain features of the Services (the “Membership Fee”). The Membership Fee may be modified by notice in accordance with these Terms. Individuals who pay the Membership Fee become Pomelo Care members (each a “Member”).
PAYMENT OF THE MEMBERSHIP FEE TO POMELO CARE IS NOT A REQUIREMENT TO RECEIVE PROFESSIONAL SERVICES FROM POMELO PROVIDERS.
IF YOUR ACCOUNT IS SUBJECT TO THE MEMBERSHIP FEE, YOU AUTHORIZE US TO CHARGE YOU BY YOUR CHOSEN PAYMENT METHOD THE MEMBERSHIP FEE AT THE TIME OF INITIAL PAYMENT AND EACH RENEWAL DATE, UNTIL YOU CANCEL. YOU MUST CANCEL YOUR MEMBERSHIP BEFORE IT RENEWS TO AVOID BEING CHARGED THE MEMBERSHIP FEE FOR THE NEXT MEMBERSHIP PERIOD. YOU CAN CANCEL YOUR MEMBERSHIP AT ANY TIME BY CONTACTING US AT email@example.com. IF YOU CANCEL YOUR MEMBERSHIP AND YOUR MEMBERSHIP TERM HAS NOT EXPIRED, YOU MAY CONTINUE TO USE THE SERVICES UNTIL THE END OF YOUR THEN-CURRENT MEMBERSHIP TERM AND YOUR MEMBERSHIP WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT TERM EXPIRES. HOWEVER, YOU WON'T BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE MEMBERSHIP FEE PAID FOR THE THEN-CURRENT MEMBERSHIP PERIOD.
If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Membership Fee, you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by logging into your account and selecting “cancel membership” or contacting us at firstname.lastname@example.org.
4. Service Use Termination.
You may terminate Your use of the Services at any time by not using the Services anymore. We may terminate Your use of the Services at any time by sending notice to You at the email address you provided or otherwise contacting you or posting a notice on the Site. If We terminate Your use of the Services because You have breached these Terms or any other agreement You have entered into with Us, You will not be entitled to any refund, including the Membership Fee. We are not required to provide You with notice prior to terminating your use of the Services or a reason for such termination.
5. Use of the Services.
Subject to your compliance with these Terms, we grant You a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services solely for Your personal and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that You do not hold, and have not acquired, any ownership rights in the Services. The following is a list of the type of actions that You may not engage in with respect to the Services:
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents.
You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services.
You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures.
You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent.
You will not use the Services or Site/App content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms.
You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity.
You will not use, display, “frame” or “mirror” any part of the Site, the App, or any content associated with Us or our Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from Us.
You will not collect or store any personal information, including personally identifiable information, from users without their express permission.
6. Consent to Electronic Communications.
If you later decide that You do not want to receive certain future communications electronically, please send an email to email@example.com, or a letter to Pomelo Care, 3 Perrine Avenue, # 505, Jersey City NJ, 07306. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Pomelo Care. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.
Pomelo Care will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to, and accepted by, You. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.
7. Intellectual Property Rights.
Pomelo Care and our licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to You other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by Pomelo Care or other respective owners.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF MALWARE, SUCH AS VIRUSES, WORMS, TROJAN HORSES, OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Any general advice that may be posted on the Site or the App is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Services. If You have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.
The Services are intended for use only within the United States and its territories. We make no representation that the Services are appropriate or are available for use outside the U.S. Those who choose to access and use our Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
9. Limitation of Liability.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Exclusive Remedy.
If you are dissatisfied with the Services, Your sole and exclusive remedy is to stop using the Services.
11. Dispute Resolution.
AGREEMENT TO ARBITRATE
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (each, a “Dispute”) will be settled by binding arbitration, except that each party to any such Dispute retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). By accepting these Terms and using our Services, You will be deemed to have knowingly and intentionally waived Your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in New York, New York, and You hereby waive any objection to jurisdiction and venue in such courts. You acknowledge and agree that You are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless You otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in New York, New York. All other claims will be arbitrated. This Section 11 (Dispute Resolution) will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Section (the AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party to a Dispute who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
ARBITRATION LOCATION AND PROCEDURE
Unless You agree with us otherwise, the arbitration will be conducted in the city of New York, New York. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties to the Dispute, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of Section 9 (Limitation of Liability) above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses only to the extent required by applicable law.
The responsibility of each party to the Dispute to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
12. Links to Third Party Websites.
The Services may contain links to other sites that are owned and operated by third parties. We are not responsible for the privacy and services practices or the content, advertising, products, services or other materials made available on or through any such linked sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any kind by us.
13. General Provisions.
These Terms make up the entire agreement relating to your use of the Services, and supersede all prior agreements relating to the subject matter hereof.
These Terms will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
We may change, suspend, or discontinue any of the Services at any time. We will try to give You prior notice of any material changes to the Services. We will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services.
These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent. We may freely assign our rights or obligations under these Terms without your consent.
We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. You should know that We can, but are not obligated to, use Your Feedback without restriction or any obligation to compensate you, and we have no obligation to keep Your Feedback confidential.
Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination.
In order to protect the integrity of the Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Services.
Effective October 1, 2021 Updated Date: March 21, 2022
Provider Services Terms
These Provider Services Terms (“Provider Services Terms”) govern your use of the professional services (“Provider Services”) provided by Pomelo, P.C. (“Pomelo Providers”). Please read these Provider Services Terms carefully before using Pomelo Providers’ Provider Services.
By clicking the “check box” on https://pomelocare.com/ and other affiliated websites (collectively, the “Site”), and the mobile application (“App”) as the registered user, or by signing below as the patient or the legal representative, parent, guardian, conservator, or custodian of a patient who is unable to consent (collectively “You”), You acknowledge to have read, accepted and become legally bound to the terms and conditions set forth below, including in the Telehealth Services Consent contained herein. The terms “You” or “you” shall also mean the patient or recipient of health care services, as applicable.
Please refer to our Notice of Privacy Practicesto learn how Pomelo Providers collects, uses, shares and protects your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (commonly known as “HIPAA”)).
DO NOT USE THE PROVIDER SERVICES, INCLUDING THE TELEHEALTH SERVICES, FOR EMERGENCY OR LIFE-THREATENING MEDICAL MATTERS. FOR ALL LIFE THREATENING MATTERS, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.
1. Updates to the Provider Services Terms
Pomelo Providers may, in its sole discretion, without prior notice to You, revise these Provider Services Terms at any time. Should these Provider Services Terms change materially, Pomelo Providers will update the “Effective” date noted above with an “Updated” date and post a notice regarding the updated Provider Services Terms. If You do not agree with the proposed changes, You should discontinue your use of the Provider Services before the effective date of the change. If You continue using the Provider Services after the Updated date, you will be bound by the updated Provider Services Terms.
2. Your Financial Responsibility
You agree to pay Pomelo Providers all applicable charges at the prices then in effect for the Provider Services provided to You or another person on whose behalf You are accepting these Provider Services Terms, such as children (each, a “Covered Family Member”). You will be charged for the Provider Services provided to You or Your Covered Family Member by Pomelo Providers. You authorize Pomelo Providers and its agents to charge Your chosen payment method (Your “Payment Method”) for the Provider Services provided to You or Your Covered Family Member. If Your Payment Method is invalid at the time payment is due, You agree to pay all amounts due upon demand. The third-party services provider who manages Your Payment Method may impose terms and conditions on You, which are independent of these Provider Services Terms, and You agree to comply with those terms. Pomelo Providers reserves the right to correct any billing errors or mistakes even if payment has already been requested or received. Payment in full is due when the Provider Services are first delivered. No refunds will be issued if the Provider Services are terminated.
3. Permission to Treat
You give Pomelo Providers permission to care for You or Your Covered Family Member. You may withdraw this consent at any time by discontinuing Provider Services from Pomelo Providers.
You understand and agree that as part of providing Provider Services to You or Your Covered Family Member, your Personal Health Information may be released to an online personal health record and via communication with Pomelo Providers’ clinicians electronically (in accordance with our Notice of Privacy Practices).
You acknowledge that a physician-patient relationship is not established until you have been in communication with a clinician about your treatment. Use of the App alone does not create a patient relationship with Pomelo Providers.
4. Service Termination
You may terminate your use of the Provider Services at any time by not using the Provider Services anymore. We may terminate Your use of the Provider Services at any time in our reasonable discretion, for causes including but not limited illegal conduct such as falsifying information to obtain controlled substances, abusive and threatening behavior, and continued refusal to pay for our services. In no event will We make such a determination based on Your sex, sexual orientation, race, creed, color, national origin, disability, or other legally-protected status. We may terminate Your use of the Provider Services by sending notice to You at the mail or email address you provided to us or by otherwise contacting You. No refunds will be issued if the Provider Services are terminated.
5. Consent to Electronic Communications
You agree that Pomelo Providers may send the following to you by email, SMS, via the App, or by posting them on our Site: legal disclosures; these Provider Services Terms, including the Telehealth Services Consent; Notice of Privacy Practices; future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Provider Services.
By clicking the “check box” on the Site or the App as the registered user, You agree that Pomelo Providers may contact you via messaging (secure), email, phone, text, or mail regarding the Provider Services, including electronic communications from Pomelo Providers pertaining to your care and your health, which may include Personal Health Information. You understand that communication via email, text messages, and other electronic means selected by Pomelo Providers may not be secure and could be viewed by unintended persons, and you agree to exchange of communications, to and from Pomelo Providers via these electronic means. You agree to keep your contact information updated to ensure accuracy.
If you later decide that you do not want to receive certain future communications electronically, please send an email to firstname.lastname@example.org, or a letter, with a copy also sent via email, to Pomelo Care, P.C., 4701 Sangamore Road, Suite 100-N, Bethesda, MD 20816. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Pomelo Providers. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.
Pomelo Providers will need to send you certain communications electronically regarding the Provider Services. You will not be able to opt out of those communications – e.g., communications regarding updates to these Provider Services Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Provider Services Terms provided to and accepted by You.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, POMELO CARE, POMELO PROVIDERS, AND OUR AFFILIATES, PARTNER PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE PROVIDER SERVICES.
Any general advice that may be posted on the Site or App is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, We make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Site or App. If you have specific concerns or a situation arises in which you require medical advice, You should consult with an appropriately trained and qualified medical services provider.
You acknowledge that no assurances or guarantees have been made to you by Pomelo Providers or any of its clinicians concerning the outcome and/or results of any treatment or Provider Services.
The Provider Services are intended for use only within the United States and its territories. We make no representation that the Provider Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Provider Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
7. Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL POMELO CARE, POMELO PROVIDERS, OR OUR AFFILIATES, PARTNER PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE PROVIDER SERVICES OR FROM THE USE OF OR INABILITY TO USE THE PROVIDER SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. Telehealth Services Consent
Pomelo Providers may directly provide Provider Services to You using virtual technology when the Pomelo Providers provider and patient are not in the same physical location, and/or deliver health care services virtually, including by a medical provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis or treatment and coaching (the “Telehealth Services”). Telehealth may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, medical images, and/or other patient data or information; synchronous (i.e., “real time”) and asynchronous (i.e., non-“real time”) interactions via audio, video, text, interactive questionnaire, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files. You understand that virtual encounters required to receive Telehealth Services via phone, email, video, or otherwise, could involve certain limitations and risk, such as unauthorized disclosure of Personal Health Information, and you hereby consent to the use of, automated tools for diagnosis, care, treatment or communication pertaining to healthcare matters. You also acknowledge that such virtual encounters may involve care by a variety of types of Pomelo Providers clinicians, including physicians, coaches, registered nurses, nurse practitioners, physician assistants, and other support or medical personnel in accordance with applicable laws and regulations.
Unless You object, You give permission to Pomelo Providers to record and process Your personal details and medical data generated during the provision of Telehealth Services. You may withdraw these permissions at any time by discontinuing your use of Telehealth Services from Pomelo Providers.
9. Use of the Telehealth Services, Telehealth Services Consent
You agree to the following terms with respect to use of the Telehealth Services:
You understand that there may be possible risks and limitations of the Telehealth Services, including that it may be possible that your condition cannot be treated via the Telehealth Services, or that information transmitted through the Site or App may not be sufficient or may be of too poor image quality, or there may be insufficient information or data to allow for appropriate medical decision making. Accordingly, you may be required to seek additional in-person medical care, alternative healthcare or emergency services. If Your health or medical problem or condition persists after use of the Telehealth Services, you should immediately contact your primary medical services provider and seek appropriate additional in-person medical care or emergency care, as appropriate. You understand that in rare circumstances, security protocols could fail, causing a breach of privacy that allows unauthorized persons access to your Personal Health Information. You agree NOT to use the Site or App using an unsecured public Wi-Fi or other unsecure electronic communication. You agree NOT to record any audio or visual communication transmitted via the Site or App, including Telehealth Services, without the express consent of all communicating parties. You understand that you are responsible for providing accurate information through the Site or App, including demographics and location information, medical histories, medication use, current adverse conditions, financial information, and keeping all such information current. You agree to follow all recommendations, protocols and other instructions provided by Pomelo Care or Pomelo Providers concerning the use of the Site or App and by Pomelo Providers concerning the Telehealth Services.
10. Limitations Regarding Medicine and Medical Treatment
IF YOU ARE LOCATED IN ANY STATES OUTSIDE OF FLORIDA, MARYLAND, NORTH CAROLINA, PENNSYLVANIA, MISSISSIPPI, OR MASSACHUSETTS, THE SERVICES PROVIDED BY POMELO CARE OR POMELO PROVIDERS, INCLUDING TELEHEALTH SERVICES, ARE SUBJECT TO THE FOLLOWING:
POMELO CARE OR POMELO PROVIDERS DO NOT PROVIDE ANY MEDICAL ADVICE OR MEDICAL TREATMENT. THE CONTENT AND ANY INFORMATION PROVIDED BY POMELO CARE OR POMELO PROVIDERS ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDERS BEFORE DECIDING TO START, ALTER, OR DISCONTINUE ANY COURSE OF MEDICAL TREATMENT OR FOR ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION, YOUR DIET, OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. DO NOT USE THE SERVICES PROVIDED BY POMELO CARE OR POMELO PROVIDERS AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER, AND DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED IN CONNECTION WITH SERVICES PROVIDED BY POMELO CARE OR POMELO PROVIDERS.
TO THE EXTENT THAT, IN ADDITION TO THE SERVICES YOU RECEIVE FROM POMELO CARE OR POMELO PROVIDERS, YOU ALSO RECEIVE MEDICAL CARE FROM ANOTHER PARTY, THAT MEDICAL CARE IS SEPARATE FROM AND UNRELATED TO THE SERVICES PROVIDED BY US. YOUR TREATING MEDICAL PROFESSIONAL IS RESPONSIBLE FOR OBTAINING YOUR INFORMED CONSENT TO ANY MEDICAL DIAGNOSIS OR TREATMENT IN CONNECTION WITH THAT MEDICAL CARE, INCLUDING WITHOUT LIMITATION, ANY LEGALLY REQUIRED CONSENT TO USE TELEMEDICINE. POMELO CARE OR POMELO PROVIDERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR ANY OTHER INFORMATION, SERVICES, OR PRODUCTS THAT YOU MAY OBTAIN FROM UNAFFILIATED THIRD PARTIES IN CONNECTION WITH OR AS A RESULT OF USING THE SERVICES."
11. General Provisions
These Provider Services Terms, including the Telehealth Services Consent, make up the entire agreement relating to your use of the Provider Services, and supersede all prior agreements relating to the subject matter hereof.
These Provider Services Terms will be governed by the laws of the State of Maryland without regard to its conflict of laws provisions.
We may change, suspend, or discontinue any of the Provider Services at any time. We will try to give you prior notice of any material changes to the Provider Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Provider Services.
These Provider Services Terms do not confer any third-party beneficiary rights upon anyone other than You. You may not transfer any of your rights or obligations under these Provider Services Terms to anyone else without our consent. We may freely assign our rights or obligations under these Provider Services Terms without your consent. Once an episode of care has begun or Provider Services have been paid for in full, there is no entitlement to a refund.
Even after termination, these Provider Services Terms will remain in effect such that all terms that by their nature may survive termination will survive such termination.
All clinical services are provided by licensed physicians and clinicians practicing within an independently owned and operated medical practice, Pomelo, P.C. or affiliated professional corporations. Pomelo Care, Inc. does not provide any medical, nursing, or other healthcare provider services.