Interlock Health Terms Of Use

EFFECTIVE DATE: April 12, 2020

 

 

These Terms of Use (or, the “Agreement”) apply to your access to and use of the services associated with Interlock Health information technology (the “Service), which may be available online, through a website, through a mobile application, or any other device or portal that is designed to facilitate access to the information technology that we provide. These services are operated by Interlock Health, LLC (“Interlock Health” also, “our,” “us,” or “we.” Whenever and however you access the Service, your access to and use of the Service is subject to these Terms of Use, regardless of whether you create an account (“Account”).

 

If you do not agree to these Terms of Use, or your do not understand them, do not access or use the Service.

 

When you use the Service, you agree to be bound by these terms of use.

 

Key features of these Terms of Use include:

  • incorporation of our Privacy Policy; in the event of any inconsistency between the Terms of Use and the Privacy Policy, the Terms of Use shall control.
  • a provision that will generally require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and will also limit the remedies available to you in the event of a dispute.
  • an agreement that continued use of the Service after the posting of any changes of the Terms of Use constitutes acceptance of the changes
  • an agreement that Interlock Health is not insurance, nor do we offer insurance
  • if you change phone numbers, it is your responsibility to use the Service to adjust the phone number used by our system for various notifications, including notifications that disclose your personal health information

 

 

  1. Our Privacy Policy is incorporated into these Terms of Use by this reference. By accepting these Terms of Use, you agree to our collection, use, and disclosure of information, including personal health information, as described in the Privacy Policy.

 

  1. You agree and consent to communicate with us electronically, and specifically agree that we may contact you by telephone, email, or text messages at any of the phone numbers you provide to us in connection with your Interlock Health account. This communication may include communications for marketing purposes. Message and data rates may apply. Generally, you may opt out of receiving text messages from us, either by replying “STOP” to messages sent via a short code (i.e. a 5- or 6- digit phone number), or by adjusting your preferences in your Account while using the Service. While we will endeavor to follow your instruction,  some cases, a “STOP” instruction from you may not be immediately communicated throughout our system, and you may receive some messages from us even after providing a “STOP” instruction.  You accept this risk.

 

You agree that all communications that we provide to you, regardless of form, electronically satisfy any legal requirement that such communications be in writing.

 

You understand and agree that you will need access to certain hardware and software in order to access and print certain communications that we send you. By agreeing to these Terms of Use, you acknowledge and verify that you have the ability to access and retain PDF files if necessary.

 

Subject to our document retention policies, you have the right to withdraw your consent and / or receive any of the legally required disclosures that have been provided to you in printed / paper form, but we may charge you a reasonable fee to cover the cost of printing and mailing these notices. Generally, requested paper copies of documents will be mailed to the address you provide in your Account; to update your contact information, you can access your Account using the Service.

 

  1. You agree that you will
    comply with all applicable laws, rules, and regulations
    • avoid any action that interferes with the proper working of the Service
    • avoid any action that compromises the security of the Service
    • avoid any action that is detrimental to the intended function of the Service
    • avoid any action that is unlawful or prohibited by this Agreement
    • avoid the solicitation or inducement of any activity that is illegal, or that infringes on our rights or the rights of others
    • avoid any attempt to gain unauthorized access to the Service or any portion of the Service to which access is restricted
    • avoid any attempt to gain unauthorized access to our servers, including but not limited to by hacking, password mining, or any other unauthorized means
    • avoid any attempt to probe, scan, or test for vulnerabilities of the Service or any network connected to the Service
    • avoid attempting to breach or bypass the security and authentication measures of the Service, or any network connected to the Service
    • avoid uploading any viruses or other code to the Service, regardless of its intended function
    • agree to and abide by the limitations on access to personal health information provided by the Service
    • avoid unauthorized access to personal health information, even if the design of the Service allows it
    • avoid using any automated means to collect or retrieve information or content from the Service, including but limited to the use of technical tools known as robots, spiders, or scrapers
    • avoid the creation of more than one account

 

  1. You understand that Interlock Health is not insurance and does not offer insurance.

 

  1. The Service is designed to store, retrieve, and share your personal health information (PHI). Your PHI is derived from interactions with physicians, other medical professionals, pharmacists and pharmacies, insurance providers, and pharmacy benefit managers, and perhaps other agents involved in your healthcare; these individuals and institutions are here collectively called “Providers.” By creating an Account, you direct your Providers to transmit, share, or disclose your PHI to us; this includes your name, birthdate, other demographic information, medical, diagnostic, and treatment information, prescription and other medication information and history, current medications, and information regarding your health insurance coverage, including co-pay and deductible amounts. You are making this direction pursuant to your rights of access under the Health Insurance Portability and Accountability Act of 1994 (“HIPAA”), 45 C.F.R. 164.524(c)3(ii).

 

  1. The Service acts as your agent in facilitating a variety of healthcare related interactions with your healthcare Providers. These interactions are initiated by you, and you remain responsible for your healthcare choices and decisions. The Service will provide information to you that results in additional choices and options regarding your healthcare – but it is not designed to limit your choices. You are always free to choose additional or different healthcare products and services available using contacts and connections other than the Service. Prescription medications that are purchased using the Service, whether directly or indirectly, may be more or less expensive that your copayment or co-insurance for prescription medications through your healthcare or insurance provider, including Medicare, Medicaid, or any other prescription discount program. You should consult with your Providers to determine the prescription medication and purchase option that is best for you.

 

  1. Interlock Health is committed to providing a patient-centric Service that solves problems for patients. To create and maintain the Service, Interlock Health may receive compensation from a variety of partners in recognition of marketing, adherence, and other services.

 

  1. Interlock Health does not provide medical advice, and the Service must not be taken to be the practice of medicine, pharmacy, or any other healthcare service. When you use the Service, you are not creating a physician/patient or provider/patient relationship with Interlock Health. Interlock Health does not recommend or endorse any specific prescription drug, pharmacy, or healthcare provider. Any time you start, stop, or change how you take a prescription medication, you should seek professional advice first.

 

Interlock Health may provide tools that are designed to help patients identify health care facilities available to them.  These tools may include information pertaining to the capabilities of the health care facilities shown.  In many cases, this information is sourced from third-parties, and we can provide no guarantee as to the accuracy of this information. 

 

Additionally, if you think you may be experiencing a medical emergency that requires care in a timely manner, you agree not to use this tool.  In such situations, we recommend that you call 911 to seek help.

 

  1. The Service may contain links to websites and services that are provided by other entities. We are not responsible for any aspect of these websites or services, and we do not monitor these websites or services for accuracy, completeness, or bias. If we provide a link to a website or service on our Service, this does not imply approval of nor endorsement. If you decide to access these third-party websites or services, you do so at your own risk.

 

  1. Warranty exclusions, limitation of liability, and indemnification:
    This applies any time you use the Service, whether you have created an Account or not: To the fullest extent allowed by law, and except as expressly established in these Terms of Use, the Service and all associated materials, products, and services are not subject to warranties, conditions, or guarantees of any kind, whether statutory, written, oral, or implied. This includes without limitation warranties, conditions, or guarantees of merchantability, fitness for a particular purpose, performance quality, or durability, all of which are disclaimed.

 

In no event will Interlock Health be liable for any special, extraordinary, indirect or consequential damages of any kind whatsoever, including without limitation damages for loss of data, lost profits, loss of opportunity, business interruption, personal injury or death, or any other loss arising out of, relating to, or in connection with the Service, even if Interlock Health has been advised of the possibility of such damages.

 

If, as a result of or in connection with the use of the Service, Interlock Health becomes liable to the purchaser of the Service (or any other person) for any damages, losses, costs, expenses, or other liabilities whatsoever, and regardless of the form of action (in contract, tort, or pursuant to statute), then Interlock Health’s aggregate liability will be limited to an amount equal to the amount paid by the purchaser respective to the respective (affected) individual’s Account for the Service in the previous calendar year.

 

The exclusion of certain conditions and warranties and time limitation of certain liability is prohibited in some jurisdictions. In the event some jurisdictions do not allow the exclusion or limitation of damages to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law. 

 

You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of this Agreement, or your use or misuse of the Service. 

 

  1. You agree to notify us if you stop using a phone number that you have provided to us with the understanding that you will be receiving text messages from us. You agree to indemnify us for text messaging charges and fees that may result from your failure to provide such notification to Interlock Health. You agree to indemnify us for any breach of your confidentiality that might result from your failure to provide such notification.

 

  1. Whenever you use the Service supplied as a mobile application, the following rights obligations, and commitments will apply. You understand and agree with the Service is licensed, not sold, to you for use only as outlined in this Agreement. We reserve all rights not expressly granted to you. We have the right to license the Interlock Health mobile application and all underlying content, information, applications, and intellectual property. This license is limited to a non-transferable license to use the Interlock Health mobile application on the applicable mobile device that you own or control (e.g. iPhone, Android device), in accordance with the Terms of Use, and, as applicable, Google Inc.’s (“Google”) “Google Play Terms of Service” (http://play.google.com/about/terms.html) and / or the Usage Rules set forth in the Apple, Inc. (“Apple”) “App Store Terms of Service.”

 

This license does not allow you to use the Interlock Health mobile application on a device that you do not own or control, and you may not distribute or make the Interlock Health mobile application available over a network where it could be used by multiple devices at the same time. You may not rent, sell, lease, lend, redistribute, or sublicense the Interlock Health mobile application. You may not copy, decompile, reverse engineer, disassemble, attempt derive the source code of, modify, or create derivative works of the Interlock Health mobile application, any updates, or any part thereof.

 

  1. You acknowledge that you are entering into these Terms of Use with us and not with Apple or Google; that, Apple and Google and each of Apple’s and Google’s subsidiaries are third-party beneficiaries of these Terms for the Interlock Health mobile Application and may enforce them; that we are solely responsible for the Interlock Health mobile application and its associated data; that Apple and Google makes no warranty with respect to the Interlock Health mobile application and its associated data and has no obligation whatsoever to furnish any maintenance and support services for the Interlock Health mobile application; that Apple and Google are not responsible for addressing any claims relating to the Interlock Health mobile application and its associated data or your possession or use of the Interlock Health mobile application and its associated data, including but not limited to: (i) product liability claims, (ii) any claims that the Interlock Health mobile application fails to conform to any legal or regulatory requirement, and (iii) claims arising under consumer protection and similar legislation; and that if a third party claims that the Interlock Health mobile application and its associated data or your possession or use of such infringes a third party’s intellectual property rights, Apple and Google are not responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. In the event of any failure of the Interlock Health application to conform to any applicable warranty, you may notify Apple or Google, as applicable, and Apple or Google will refund the purchase price for the Interlock Health application to you; and, to the maximum extent permitted by applicable law, Apple or Google, as applicable, will have no other warranty obligation whatsoever with respect to the Interlock Health application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility if not effectively disclaimed.

 

  1. We do not warrant that a third party cannot decrypt your information should a third party come into possession of your device on which you have downloaded the Interlock Health mobile application. We suggest that you use all security features of your device, including any password or locking function, to protect your device and the confidentiality of your information.

 

To the extent that the Interlock Health mobile application may utilize third-party wireless networks, we cannot guarantee that your communications will not be intercepted by others. You agree that we will not be liable for any damages for any loss or disclosure of personal information occurring in communication over networks outside our control.

 

  1. From time to time we may issue updates to the Interlock Health mobile application through the Online Store or web server from which you download the Interlock Health mobile application, and a notification may be sent to your device. Depending on the update, you may not be able to use the Interlock Health mobile application until you have downloaded the latest version of the Interlock Health mobile application and accepted any new terms.

 

The Interlock Health mobile application is subject to transmission limitation or interruption.
You agree that we may automatically update the Interlock Health mobile application for various reasons, including, but not limited to, improving the Services or improving the security of the Interlock Health mobile application.

 

  1. You understand that the uploading of information to your mobile device in connection with the Interlock Health mobile application is at your own risk and that we are not responsible for unauthorized access to or use of any personal or other information. All information uploaded to the Interlock Health mobile application may be stored on your mobile device and you understand that the security and safety of your mobile device is your sole responsibility.

 

  1. You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Interlock Health mobile application. You agree that you will not export or re-export the Interlock Health mobile application in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law. By downloading the Interlock Health mobile application, you represent and warrant that (i) you are not located in a country that is subject to a U. S. Government embargo, or that has been designated by the U. S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U. S. Government list of prohibited or restricted parties.

 

  1. Applicable Law and Dispute Resolution: By accessing the Service, you and Interlock Health agree that all matters relating to your access to, or use of, the Service shall be governed by the statutes and laws of the State of Illinois, without regard to its conflicts of laws principles. Interlock Health makes no representation that materials contained in the Service are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal are prohibited. Those who choose to access the Service from other locations do so on their own initiative, and are responsible for compliance with local laws.

 

Any dispute or claim relating in any way to your use of the Service will, to the extent permitted by law, be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.

ANY CLAIM THAT EITHER OF US MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE (INCLUDING FORMATION, PERFORMANCE, OR BREACH OF THEM), OUR RELATIONSHIP WITH EACH OTHER, OR USE OF THE SERVICE MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE AAA’S CONSUMER ARBITRATION RULES, AVAILABLE WWW.ADR.ORG. ARBITRATION HEARINGS WILL BE HELD IN ILLINOIS . IF THIS LOCATION IS NOT CONVENIENT FOR YOU, PLEASE LET US KNOW AND WE WILL WORK TO DETERMINE A MUTUALLY CONVENIENT LOCATION. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.

AS AN EXCEPTION TO THIS ARBITRATION PROVISION, EITHER YOU OR INTERLOCK HEALTH MAY PURSUE IN ILLINOIS SMALL CLAIMS COURT ANY CLAIM THAT IS WITHIN THAT COURT’S JURISDICTION SO LONG AS SUCH CLAIMS ARE BROUGHT ONLY ON AN INDIVIDUAL BASIS.

NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN ILLINOIS, IN ORDER TO PROTECT ITS RIGHTS PENDING AN OUTCOME IN ARBITRATION.

YOU AND INTERLOCK HEALTH ALSO AGREE TO ARBITRATE IN EACH OF YOUR AND OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND YOU AND WE EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.

IF YOU INITIATE ARBITRATION, YOUR ARBITRATION FEES WILL BE LIMITED TO THE FILING FEE SET FORTH IN AAA’S CONSUMER ARBITRATION RULES. REGARDLESS OF WHO INITIATES ARBITRATION, INTERLOCK HEALTH WILL PAY YOUR SHARE OF ARBITRATION FEES (NOT INCLUDING YOUR ATTORNEYS’ FEES) UP TO A MAXIMUM OF $2,500. IF THE ARBITRATOR RULES AGAINST INTERLOCK HEALTH, IN ADDITION TO ACCEPTING WHATEVER RESPONSIBILITY IS ORDERED BY THE ARBITRATOR, INTERLOCK HEALTH WILL REIMBURSE YOUR REASONABLE ATTORNEYS’ FEES AND COSTS UP TO A MAXIMUM OF $5,000, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH. IN ADDITION, IF THE ARBITRATOR RULES IN INTERLOCK HEALTH’S FAVOR, IT WILL NOT SEEK REIMBURSEMENT OF OUR ATTORNEYS’ FEES AND COSTS, REGARDLESS OF WHO INITIATED THE ARBITRATION, UNLESS THE ARBITRATOR FINDS SOME OR ALL OF YOUR CLAIMS TO BE FRIVOLOUS OR TO HAVE BEEN BROUGHT IN BAD FAITH.

To help resolve any issues between us promptly and directly, you and Interlock Health agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived.
It is important that you understand that by entering into this agreement, both you and Interlock Health are each waiving the right to a trial by jury or to participate in a class action against the other party for claims that are covered by this “Applicable Laws and Disputes” section. The arbitrator’s decision will be conclusive and binding and may be entered as a judgment in any court of competent jurisdiction.

 

  1. Changes to these Terms of Use: We reserve the right to make changes to our Service or these Terms of Use, in whole or in part, at our discretion at any time. You agree to comply with, and be bound by, any such modifications by continuing to use or access the Service after modified Terms of Use are posted to this webpage.

 

  1. Severability and Integration: Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Interlock Health with respect to the Service and supersede all prior or contemporaneous communications and proposals (whether written or electronic) between you and Interlock Health with respect to the Service. If any provision in these Terms of Use is deemed by an arbitrator or court to be invalid, void, or for any reason unenforceable, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of the applicable rules, laws or court decisions. Any provision deemed invalid, void, or unenforceable shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

 

  1. Waiver: Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use in the future.

 

  1. Termination: Interlock Health reserves the right, at its sole discretion, to terminate your access to all or part or the Service with or without notice. Examples of activity that may lead to a termination of your use of the Service include your breach of any of these Terms of Use. You may terminate this Agreement by providing Interlock Health with ten (10) days written notice of such termination by contacting Interlock Health at [email protected].

 

  1. Notices: Interlock Health may deliver notice to you under these Terms of Use by means of e-mail, a general notice posted on this Website, or by written communication delivered by first-class U.S. mail to the address that you have provided to Interlock Health . You may give notice to, or submit comment, questions or complaints to, Interlock Health at any time via e-mail, using [email protected], or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:

Interlock Health, LLC
233 E. Erie 2406
Chicago, IL 60611

 

  1. General Provisions: Except as provided in a particular “Legal Notice” on this Website, these Terms of Use, along with the Interlock Health Privacy Policy, constitute the entire agreement and understanding between you and Interlock Health with respect to use of the Service, superseding all prior or contemporaneous communications with Interlock Health. These Terms of Use are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

 

  1. Survival: The provisions of these Terms of Use related to Warranty Exclusion, Limitation of Liability, and Indemnification, Applicable Law and Dispute Resolution, Jurisdiction, and General Provisions will survive the termination of this Agreement.

 

  1. Contact:
    If you have any questions or concerns about the Service or this Agreement, please contact us using the email address shown here:

Interlock Health
support @ interlockhealth.com