Terms of Use

Terms & Conditions

GENERAL TERMS AND CONDITIONS

 

Contents:

 1)      Introductory Language

2)      Medical Advice

3)      Intellectual Property

4)      Confidentiality

5)      Must be 18 Years or Older

6)      Password Use and Identity

7)      Links to Third Party Websites

8)      Termination

9)      Notices; Contacting ARCHIMEDICX

10)   Warranties and Limitations of Liability

11)   Indemnification

12)   Governing Law

13)   Dispute Resolution

14)   ARCHIMEDICX Services and Medical Services Provided outside of the United States of America

15)   Payment to ARCHIMEDICX related to Medical Services Provided in the United States of America to Non-U.S. Patients

16)   Additional Terms; Miscellaneous

 

GENERAL TERMS AND CONDITIONS

1. Introductory Language

ARCHIMEDICX provides an online global transactional healthcare marketplace for patients who may search and compare professional health or medical care, service, advice, treatment, diagnosis or any related purpose (“Medical Services”) worldwide and engage at their option, through ARCHIMEDICX, with one or more hospitals, hospital networks, physicians, and other providers of healthcare services (collectively, "Healthcare Providers") for Medical Services that appears on this website (this “Site”). If you elect to engage a Healthcare Provider through this Site, you acknowledge and agree that you may be entering into a direct relationship with a Healthcare Provider, and that ARCHIMEDICX does not provide, and has no responsibility or liability of any kind for, Medical Services rendered by the Healthcare Provider or the actions or inaction of such Healthcare Provider.  Although ARCHIMEDICX endeavors to inform you about reputable and qualified Healthcare Providers, you further acknowledge and agree that ARCHIMEDICX does not recommend, endorse or make any representations or warranties regarding the Healthcare Providers or Medical Services and has no responsibility, liability or obligation of any kind for the accuracy, completeness or other aspects of the information provided by such Healthcare Providers, whether on this Site or otherwise, or for the relationship between you and the Healthcare Provider you select.  

You further acknowledge that the nature of the Medical Services that you may require can only be determined by the Healthcare Provider, and any list of services or requests for services made through this Site, and any quotes for the fees charged for such Medical Services, are merely quotations and estimates and may not reflect the actual services provided or amounts charged.   It is solely up to you to determine whether any health and medical insurance plan you may have will apply to the Medical Services and what requirements there may be to utilize such insurance in connection with the Medical Services. ARCHIMEDICX has no responsibility or liability of any kind related to the applicability of any health or medical insurance you may have in connection with the Medical Services.

Use of this Site is governed by the following general terms and conditions (the “Terms”). For purposes of this Site, the “Terms” refers collectively to the ARCHIMEDICX Terms & Conditions, Privacy Policy, and Disclaimers.  ARCHIMEDICX may modify the Terms at any time, and such modifications shall be effective immediately upon posting the Terms, as modified, on this Site. ARCHIMEDICX encourages you to review the Terms each time that you use this Site so that you are aware of any modifications to the Terms. Each time that you login, access or use this Site constitutes a binding agreement and a reaffirmation of your acceptance of the Terms in effect at the time of your access or use. From time to time, ARCHIMEDICX may offer you the opportunity to participate in additional features or services through this Site, which you may be required to enter into additional agreements or authorizations before you can access such additional features or services.

2. Medical Advice

ARCHIMEDICX collects data and other information regarding Healthcare Providers from a variety of sources.ARCHIMEDICX is not a referral service and does not recommend or endorse any particular Healthcare Provider. Rather, ARCHIMEDICX is exclusively an intermediary that provides selected information about Healthcare Providers. Healthcare Provider information consists of statements of opinion and not statements of fact or recommendations to utilize the services of any specific Healthcare Provider. You should obtain any additional information necessary to make an informed decision prior to utilizing any specific Healthcare Provider.

This Site provides general information for educational purposes only and is not a substitute for seeking health or medical care from a qualified healthcare professional. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. This Site and its services do not constitute the practice of Medical Services. ARCHIMEDICX does not offer any advice regarding the quality or suitability of any particular Healthcare Provider with respect to Medical Services or otherwise. The information and materials provided on this Site are intended solely for your information and not any other person. Such information should not be considered or construed as, and is not a substitute for, Medical Services and is not intended to replace consultation with a qualified Healthcare Provider. This Site is not designed to, and does not provide, Medical Services to you or to any other person. You should not use the information in place of a visit, call consultation or the advice of a qualified Healthcare Provider. You should always talk to your Healthcare Provider regarding Medical Services, including your specific medical needs. None of the products or services offered through this Site represents or warrants that any particular service or product is safe, appropriate or effective for you. You should always seek the advice of your physician with any questions regarding personal health or medical conditions.

You assume all responsibility in connection with choosing a Healthcare Provider, whether or not you obtained information about such Healthcare Provider on or through this Site.

  1. Intellectual Property

The marks of “ARCHIMEDICX,” “ARCHIMEDICX, Inc.” and “ARCHIMEDICX, LLC” are trademarks and/or service marks of ARCHIMEDICX. The marks and the content and design of this Site are protected by United States and international copyright and trademark laws. You may not copy, reproduce, republish, upload, post, display, transmit or frame any of these materials without the prior written consent of ARCHIMEDICX. However, you may view, download, display and print a single copy of the Terms on a single computer for personal, non-commercial use only, so long as: (a) you do not alter or modify the materials in any way; (b) you include all applicable notices and disclaimers (including copyright notices); and (c) you do not use the Terms in a way that suggests an association with ARCHIMEDICX or its Affiliates. You understand and agree that title to these materials shall not pass to you or any other person or entity.

  1. Confidentiality

Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While ARCHIMEDICX has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to ARCHIMEDICX over the Internet cannot be guaranteed. Consequently, neither ARCHIMEDICX nor its Affiliates are responsible for the security of any information transmitted using this Site, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You are responsible for making your own determination regarding the information that you provide through this Site.

  1. Must be 18 years or Older

ARCHIMEDICX is committed to protecting children's privacy on the Internet and does not collect personally identifiable information from any person that ARCHIMEDICX knows to be under the age of 18. This Site is intended for use by individuals 18 years of age or older. This Site is not directed for use by children under the age of 18. Persons under the age of 18 should get the assistance of a parent or guardian to use this Site. By using this Site, you represent and warrant that you are at least 18 years of age and possess the legal right and capacity to use this Site in accordance with the Terms.

6. Password Use and Identity

If you wish to access certain areas of this Site or the contents of this Site available on or through certain areas of this Site, you must choose a password during your completion of this Site's registration process. By registering, you represent, warrant and covenant that: (a) you are using your actual identity; (b) you have provided only true, accurate, current and complete information about yourself during the registration process; and (c) you will maintain and promptly update the information that you provide to ensure that it is true, accurate, current and complete. You may update your information at any time by logging into this Site and clicking on "Account Log In".

By logging onto this Site using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities that you conduct under such password. You are solely responsible for the confidentiality and use of your password, as well as for any activities conducted on or through this Site using your password. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify ARCHIMEDICX immediately. ARCHIMEDICX reserves the right to delete or change any password at any time and for any reason.

  1. Links to Third Party Websites

This Site may contain links to third party websites on the Internet for your convenience. These third party websites have not been reviewed by ARCHIMEDICX and are maintained by third parties over which ARCHIMEDICX exercises no control. Accordingly, ARCHIMEDICX expressly disclaims any responsibility related to the content, policies and practices of any third party websites and related to the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these third party websites. Moreover, these links do not imply, directly or indirectly, ARCHIMEDICX’s endorsement of or affiliation with any third party website or its owner, or any information, products or services provided by any third party. You assume all responsibility for the use of information from a third party website. When leaving this Site, you should be aware that the Terms may no longer govern, and, therefore, you should review the applicable terms and policies of each third party website.

8. Termination

ARCHIMEDICX may, in its sole discretion, terminate your account or use of this Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination and you agree that your credit card will be charged by, or that you will otherwise remit payment to, ARCHIMEDICX for such charges. ARCHIMEDICX reserves the right to change, suspend or discontinue all or any aspects of this Site at any time without prior notice.

9. Notices; Contacting ARCHIMEDICX

All notices to you will be sent to the email address that you provide to ARCHIMEDICX when you register. Such notice will be deemed given one business day after the notice is sent.

If you have any questions about the Terms or this Site, or if you need to notify ARCHIMEDICX, please contact ARCHIMEDICX at [email protected].

10. Warranties and Limitations of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES, AND TO THE FULLEST EXTENT PERMITTED BY LAW, WILL EITHER ARCHIMEDICX OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES, THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF OR RELATING IN ANY WAY TO THE USE OF THIS SITE, ANY CONTENT OF THIS SITE, MEDICAL SERVICES PROVIDED BY A HEALTHCARE PROVIDER, ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE OR ANY ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS SITE, EVEN IF ARCHIMEDICX OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THIS SITE. CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A STATE.

11. Indemnification

You agree to defend, indemnify, and hold ARCHIMEDICX and its subsidiaries, licensors, suppliers and affiliates, and their respective directors, officers, shareholders, managers, members, agents, employees, consultants and representatives (collectively, the "Affiliates") harmless from, against and in respect of any claim, charge, demand, action, or suit, whether in contract, tort, strict liability, negligence, or otherwise, for any and all losses, costs, charges, claims, demands, fees (including attorney’s fees), expenses, or damages of any nature or kind arising out of, connected with, or resulting from (i) the use (whether permitted under the Terms or not) of this Site, or (ii) relating in any way to the Terms.

12. Governing Law

With respect to matters involving residents of the United States (collectively, “U.S. Matters”), the construction and performance of the Site and Terms will be governed by the laws of the State of Delaware, without regard to conflicts of laws principles.  In addition, you and ARCHIMEDICX agree to submit to the exclusive jurisdiction of the state or federal courts within the State of Delaware for any proceeding arising out of or in connection with the Terms brought by or involving residents of the United States.  You hereby irrevocably consent and submit to the exclusive jurisdiction of and the service of process from such courts for any and all such actions.  You knowingly, voluntarily and intentionally waive any right you may have to a trial by jury in respect to any litigation arising out of, under or in connection with ARCHIMEDICX, this Site, the Terms, or any course of conduct, course of dealing, statements (whether verbal or written) or actions.

For all matters other than U.S. Matters, the construction and performance of the Site and Terms will be governed by the laws of the Republic of Latvia and any proceeding arising out of or in connection with the Terms brought by or involving any non-United States residents, shall be brought in the courts within the City of Riga, Latvia.

13. Dispute Resolution

Notwithstanding Section 12 above, with the respect to U.S. Matters, you agree that any dispute regarding, relating to, or arising from the Site and/or Terms may, at the sole option of ARCHIMEDICX, be determined in accordance with the expedited Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a single arbitrator mutually selected by you and ARCHIMEDICX.  The award of the arbitrator shall be final and binding on you and ARCHIMEDICX.  Arbitration shall take place in the City of Southfield, Michigan.  English shall be used in arbitration.  You further agree that the AAA shall not administer the arbitration so that ARCHIMEDICX will not have to incur administration and other fees of the AAA. 

14. Medical Services Provided outside of the United States of America

If you choose to receive Medical Services outside of the United States of America (“U.S.”), you will receive ARCHIMEDICX services FREE OF CHARGE. ARCHIMEDICX shall receive commissions or other payments from non-U.S. Healthcare Providers that will compensate ARCHIMEDICX for the services ARCHIMEDICX provides to you via the Site.

15. Payment to ARCHIMEDICX related to Medical Services Provided in the United States of America to Non-U.S. Patients

This section only applies to you in the event that you are not a citizen of the U.S. and you do not reside in the U.S., and you choose to receive Medical Services in the U.S., in which case you hereby agree that ARCHIMEDICX shall retain consideration for services ARCHIMEDICX renders through the Site to you in accordance with the following table:

Medical Service Cost Estimate (USD)      ARCHIMEDICX Fee (USD)

before any discounts are applied

 

$0 - $74,999.99                                            $2,000.00

$75,000.00 - $99,999.99                                $5,000.00

$100,000.00 - $149,999.99                             $8,000.00

$150,000.00 - $199,999.99                             $12,000.00

$200,000.00 - $299,999.99                             $14,000.00

$300,000.00 and above                                  $15,000.00

 

According to the terms of our standard agreements with Healthcare Providers located in the U.S., your total estimated costs provided through the Site will not exceed those charged by the Healthcare Provider should you contact the Healthcare Provider directly. 

All amounts above shall be remitted in U.S. dollars. You are responsible for all connectivity costs and expenses required to access the Site, including, without limitation, Internet service provider fees.

Unless otherwise stated, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with payments made to ARCHIMEDICX via this Site.

16. Additional Terms; Miscellaneous

No waiver of any of the Terms shall be deemed a further and continuing waiver of such Term or any other provision of the Terms. You agree that the failure to enforce any provision or obligation under the Terms shall not constitute a waiver or serve as a bar to the subsequent enforcement of such provision or obligation or any other provisions or obligations under the Terms. If any of the Terms are invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

You agree that the Terms may be automatically assigned by ARCHIMEDICX, in ARCHIMEDICX’s sole discretion, to a third party.

All rights not expressly granted under the Terms are hereby reserved for ARCHIMEDICX.

 

The Terms were last updated on July 16.2015

 

 

 

 

 

Privacy Policy

PRIVACY POLICY

 

Contents:

1)      Introductory Language

2)      What Information ARCHIMEDICX Collects

3)      Protecting your Privacy

4)      Cookies

5)      Email Communications, Newsletters and Related Services

6)      IP Addresses

7)      Disclosure to Third Parties

8)      Questions, Problems or Complaints

9)      Additional Terms; Miscellaneous 

 

1. Introductory Language

ARCHIMEDICX is committed to your privacy.  Use of this Site is governed by this privacy policy (the “Privacy Policy”). The Privacy Policy will tell you about the type of information this Site collects, how it is used and how to set your preferences. ARCHIMEDICX may modify the Privacy Policy at any time, and such modifications shall be effective immediately upon posting the Privacy Policy, as modified, on this Site. ARCHIMEDICX encourages you to review the Privacy Policy each time that you use this Site so that you are aware of any modifications to the Privacy Policy. Each time that you login, access or use this Site constitutes a binding agreement and a reaffirmation of your acceptance of the Privacy Policy in effect at the time of your access or use. From time to time, ARCHIMEDICX may offer you the opportunity to participate in additional features or services through this Site, in which you may be required to enter into additional agreements or authorizations before you can access such additional features or services.

2. What Information ARCHIMEDICX Collects

ARCHIMEDICX respects the right to privacy of all visitors to this Site. ARCHIMEDICX does not collect information that would personally identify you unless you choose to provide it. ARCHIMEDICX only uses your voluntarily supplied information to fulfill online requests, to respond to customer service inquiries, track usage of this Site or as otherwise permitted by law. The personal information that you submit, such as on the appointment request form, is shared only with those people in the Healthcare Provider’s organization who need this information to respond to your question or request and those internal areas that will utilize the information to improve ARCHIMEDICX operations. Information submitted through ARCHIMEDICX's online forms may be collected to ensure technical functionality. Such information will also be utilized to address any inappropriate use of this Site. By submitting this information voluntarily, you authorize ARCHIMEDICX to transmit, monitor, retrieve and securely store your information. ARCHIMEDICX does not save personal information to use for other purposes, nor does ARCHIMEDICX provide it to any other organizations.

3. Protecting your Privacy

ARCHIMEDICX uses various technologies to make every effort to secure your personal information. The email functionality on this Site provides a secure and confidential means of communication. However, ARCHIMEDICX cannot ensure or warrant the security of any information you transmit to it, and it is possible that your email communication may be accessed or viewed by another Internet user while in transit to us. Although ARCHIMEDICX makes every reasonable effort to protect your personal information, ARCHIMEDICX cannot warrant the security of any information you transmit to ARCHIMEDICX through online applications; all information is provided by you at your own risk. ARCHIMEDICX is not responsible if unauthorized parties gain access to confidential information voluntarily shared over ARCHIMEDICX’s online forms, except to the extent otherwise set forth in applicable laws.

To further protect your privacy, you may choose to:

  •          Stop receiving marketing or promotional emails, direct mail, phone and mobile marketing communications from ARCHIMEDICX;
  •          Update and correct your personal information; or
  •          Cancel your account or request that ARCHIMEDICX no longer uses your information to provide you services.

To accomplish any of these tasks, please contact ARCHIMEDICX at [email protected].

4. Cookies

You can visit this Site without revealing any personal information; however, ARCHIMEDICX does use “cookies” and similar technology to track this Site’s analytics. Cookies do not provide ARCHIMEDICX with any personally identifiable information. ARCHIMEDICX uses this technology to recognize a repeat visitor and offer the visitor a set of services or information requested in a previous visit. ARCHIMEDICX uses session cookies to track a visitor's path through this Site during a visit, and to help ARCHIMEDICX understand how people use this Site.

Most Internet browsers automatically accept cookies, but you can change your Internet browser settings to refuse them or to alert you when they are being sent. You can access the information on this Site without enabling cookies in your browser.

Except for authorized law enforcement investigations or other valid legal processes, ARCHIMEDICX will not share any personally identifiable information it receives from you with any parties outside of ARCHIMEDICX, its Affiliates and Healthcare Providers.

5. Email Communications, Newsletters and Related Services

Email communication that you send to ARCHIMEDICX via this Site may be shared with the ARCHIMEDICX customer support staff, employee or agent that is most able to address your inquiry. ARCHIMEDICX makes every effort to respond in a timely fashion once communications are received. Once ARCHIMEDICX has responded to your communication, it is discarded or archived, depending on the nature of the inquiry.

ARCHIMEDICX provides you with the opportunity to receive communications from ARCHIMEDICX or third parties. You can sign up for a free email newsletter and unsubscribe from this newsletter at any time.

6. IP Addresses

Internet servers automatically collect the Internet Protocol (IP) address of the computers that access this Site. An IP address is a number that is assigned to your computer when you access the Internet. It is not truly personally identifiable information because many different individuals can access the Internet via the same computer. ARCHIMEDICX uses this information in aggregate form to understand how this Site or advertisements from ARCHIMEDICX are being used and how ARCHIMEDICX can better serve its visitors.

7. Disclosure to Third Parties

ARCHIMEDICX may share your personally identifiable information with third parties who ARCHIMEDICX has engaged to help it provide services. In each case, ARCHIMEDICX will ensure that these third parties have agreed not to use or disclose your personal information except to help ARCHIMEDICX operate the Site.

Except as noted above for communications and newsletters, ARCHIMEDICX does not provide any third party access to your IP address and email address.

ARCHIMEDICX may provide third parties with aggregate statistics about its visitors, traffic patterns and related website information. These data reflect website-usage patterns gathered during visits to this Site each month, but they do not contain your behavioral or identifying information unless you have given ARCHIMEDICX permission to share that information.

To help ARCHIMEDICX determine the effectiveness of ARCHIMEDICX’s advertising, ARCHIMEDICX works with Internet analytics tools hosted by third parties who receive non-identifiable information from your browser, including but not limited to the website or the advertisement you came from, your general geographic location, your browser and platform information, and the webpages you view within this Site.

Except as described in the Privacy Policy or as specifically agreed to by you, ARCHIMEDICX will not disclose any personally identifiable information it gathers from you on this Site or through the use of optional ARCHIMEDICX services. ARCHIMEDICX only releases personally identifiable information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena, or court order; or (2) in special cases, such as in response to a physical threat to you or others, to protect property or defend or assert legal rights. In the event that ARCHIMEDICX is legally compelled to disclose your data to a third party, ARCHIMEDICX will attempt to notify you unless doing so would violate the law or court order.

By agreeing to the ARCHIMEDICX Terms and Conditions and Privacy Policy, you hereby authorize ARCHIMEDICX to use or disclose your protected health information, specifically any medical records you submit through ARCHIMEDICX’s patient portal, to the Healthcare Provider that you have selected at your request for the purpose of the Healthcare Provider’s review and determination of the appropriateness of the Medical Service that you are seeking.  ARCHIMEDICX makes no representations or warranties regarding any obligations the Healthcare Provider may have to you under state or federal law as it relates to its use or disclosure of your protected health information that you provide.

8. Questions, Problems or Complaints

If you have a question, problem or complaint, please use ARCHIMEDICX’s contact form or email ARCHIMEDICX directly at [email protected]. ARCHIMEDICX’s customer service staff will forward your correspondence to the appropriate ARCHIMEDICX staff person for a response or resolution. ARCHIMEDICX tries to answer every email within 48 business hours, but may not always be able to do

9. Additional Terms; Miscellaneous

This Site will comply with applicable laws and ISO standards pertaining to your privacy.

No waiver of any of the Privacy Policy shall be deemed a further and continuing waiver of such Privacy Policy or any other provision of the Privacy Policy. You agree that the failure to enforce any provision or obligation under the Privacy Policy shall not constitute a waiver or serve as a bar to the subsequent enforcement of such provision or obligation or any other provisions or obligations under the Privacy Policy. If any provisions of the Privacy Policy are invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

You agree that the Privacy Policy may be automatically assigned by ARCHIMEDICX, in ARCHIMEDICX’s sole discretion, to a third party.

All rights not expressly granted under the Privacy Policy are hereby reserved for ARCHIMEDICX.

 

The Privacy Policy was last updated on July 16, 2015

 

 

 

Disclaimers

ARCHIMEDICX DISCLAIMERS

 

Contents:

1)      Disclaimers

2)      Medical Services Provided in the United States of America to Non-U.S. Patients

1. Disclaimers

THIS WEBSITE (THIS “SITE”) AND THE CONTENT OF THIS SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY ON AN "AS IS" BASIS AND WITH ALL FAULTS, ERRORS, AND DEFECTS. NEITHER ARCHIMEDICX NOR ANY OF ITS subsidiaries, licensors, suppliers and affiliates, and their respective directors, officers, shareholders, managers, members, agents, employees, consultants AND representatives (collectively, the "Affiliates") ARE RESPONSIBLE FOR ENSURING THAT ANY PART OF THIS SITE WILL BE WITHOUT ERROR. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARCHIMEDICX DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE UNDERLYING professional health or medical care, service, advice, treatment, diagnosis or any related purpose (“MEDICAL SERVICES”) PROVIDED TO ANY USER OF THIS SITE BY ANY hospital, hospital network, physician, and other provider of Medical services (collectively, "Healthcare Providers"); (B) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT OF THIS SITE, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THIS SITE; AND (C) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARCHIMEDICX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS SITE WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. ARCHIMEDICX DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS VOLUNTARY AND ENTIRELY AT YOUR OWN RISK.

You acknowledge that ARCHIMEDICX has no control over, and no duty to take action regarding: (a) the content that you access or receive on this Site; (b) the effects this Site may have on you; (c) the way in which you interpret or use this Site; or (d) the actions you may take as a result of being exposed to this Site. Accordingly, you release ARCHIMEDICX from all liability in connection with, or related to, your use of this Site.

ARCHIMEDICX and its Affiliates assume no (and hereby disclaim all) responsibility or liability of any kind, for any Medical Services rendered by any Healthcare Provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such Medical Services.

Healthcare Providers, and neither ARCHIMEDICX nor its Affiliates, are responsible for all Medical Services provided to you, including, but not limited to, surgical, medical, wellness, and all related queries, opinions, and complications. ARCHIMEDICX and its Affiliates are not responsible for any such services whatsoever.

ARCHIMEDICX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site, or any part thereof, with or without notice.

2. Medical Services Provided in the United States of America to Non-U.S. Patients

In the event that you are not a citizen of the United States of America (“U.S.”) and you do not reside in the U.S., and you choose to receive Medical Services in the U.S., you hereby acknowledge and agree that, ARCHIMEDICX pre-negotiates certain rates with Healthcare Providers in addition to providing other services to you relative to your receipt of Medical Services from U.S. Healthcare Providers. The estimated fees displayed on this Site are a combination of the pre-negotiated rates negotiated on your behalf by ARCHIMEDICX and consideration retained by ARCHIMEDICX for its services. You agree that your credit card will be charged by, or that you will otherwise remit payment to, ARCHIMEDICX for the total estimated fees and upon submitting payment, you authorize ARCHIMEDICX to make payment of pre-negotiated fees on your behalf to applicable U.S. Healthcare Providers. You further acknowledge and agree that you are, and will be responsible directly to, any and all applicable U.S. Healthcare Providers for fees for services rendered to you in excess of the pre-negotiated rates negotiated by ARCHIMEDICX.

 

ARCHIMEDICX may modify these Disclaimers at any time, and such modifications shall be effective immediately upon posting the Disclaimers, as modified, on this Site. ARCHIMEDICX encourages you to review the Disclaimers each time that you use this Site so that you are aware of any modifications to the Disclaimers. Each time that you login, access or use this Site constitutes a binding agreement and a reaffirmation of your acceptance of the Disclaimers in effect at the time of your access or use.

The Disclaimer was last updated on July 16, 2015

 

PRIVACY POLICY:

1. Introductory Language

ARCHIMEDICX is committed to your privacy.  Use of this Site is governed by this privacy policy (the “Privacy Policy”). The Privacy Policy will tell you about the type of information this Site collects, how it is used and how to set your preferences. ARCHIMEDICX may modify the Privacy Policy at any time, and such modifications shall be effective immediately upon posting the Privacy Policy, as modified, on this Site. ARCHIMEDICX encourages you to review the Privacy Policy each time that you use this Site so that you are aware of any modifications to the Privacy Policy. Each time that you login, access or use this Site constitutes a binding agreement and a reaffirmation of your acceptance of the Privacy Policy in effect at the time of your access or use. From time to time, ARCHIMEDICX may offer you the opportunity to participate in additional features or services through this Site, in which you may be required to enter into additional agreements or authorizations before you can access such additional features or services.

2. What Information ARCHIMEDICX Collects

ARCHIMEDICX respects the right to privacy of all visitors to this Site. ARCHIMEDICX does not collect information that would personally identify you unless you choose to provide it. ARCHIMEDICX only uses your voluntarily supplied information to fulfill online requests, to respond to customer service inquiries, track usage of this Site or as otherwise permitted by law. The personal information that you submit, such as on the appointment request form, is shared only with those people in the Healthcare Provider’s organization who need this information to respond to your question or request and those internal areas that will utilize the information to improve ARCHIMEDICX operations. Information submitted through ARCHIMEDICX's online forms may be collected to ensure technical functionality. Such information will also be utilized to address any inappropriate use of this Site. By submitting this information voluntarily, you authorize ARCHIMEDICX to transmit, monitor, retrieve and securely store your information. ARCHIMEDICX does not save personal information to use for other purposes, nor does ARCHIMEDICX provide it to any other organizations.

3. Protecting your Privacy

ARCHIMEDICX uses various technologies to make every effort to secure your personal information. The email functionality on this Site provides a secure and confidential means of communication. However, ARCHIMEDICX cannot ensure or warrant the security of any information you transmit to it, and it is possible that your email communication may be accessed or viewed by another Internet user while in transit to us. Although ARCHIMEDICX makes every reasonable effort to protect your personal information, ARCHIMEDICX cannot warrant the security of any information you transmit to ARCHIMEDICX through online applications; all information is provided by you at your own risk. ARCHIMEDICX is not responsible if unauthorized parties gain access to confidential information voluntarily shared over ARCHIMEDICX’s online forms, except to the extent otherwise set forth in applicable laws.

To further protect your privacy, you may choose to:

  • Stop receiving marketing or promotional emails, direct mail, phone and mobile marketing communications from ARCHIMEDICX;
  • Update and correct your personal information; or
  • Cancel your account or request that ARCHIMEDICX no longer uses your information to provide you services.

To accomplish any of these tasks, please contact ARCHIMEDICX [email protected]

4. Cookies

You can visit this Site without revealing any personal information; however, ARCHIMEDICX does use “cookies” and similar technology to track this Site’s analytics. Cookies do not provide ARCHIMEDICX with any personally identifiable information. ARCHIMEDICX uses this technology to recognize a repeat visitor and offer the visitor a set of services or information requested in a previous visit. ARCHIMEDICX uses session cookies to track a visitor's path through this Site during a visit, and to help ARCHIMEDICX understand how people use this Site.

Most Internet browsers automatically accept cookies, but you can change your Internet browser settings to refuse them or to alert you when they are being sent. You can access the information on this Site without enabling cookies in your browser.

Except for authorized law enforcement investigations or other valid legal processes, ARCHIMEDICX will not share any personally identifiable information it receives from you with any parties outside of ARCHIMEDICX, its Affiliates and Healthcare Providers.

5. Email Communications, Newsletters and Related Services

Email communication that you send to ARCHIMEDICX via this Site may be shared with the ARCHIMEDICX customer support staff, employee or agent that is most able to address your inquiry. ARCHIMEDICX makes every effort to respond in a timely fashion once communications are received. Once ARCHIMEDICX has responded to your communication, it is discarded or archived, depending on the nature of the inquiry.

ARCHIMEDICX provides you with the opportunity to receive communications from ARCHIMEDICX or third parties. You can sign up for a free email newsletter and unsubscribe from this newsletter at any time.

6. IP Addresses

Internet servers automatically collect the Internet Protocol (IP) address of the computers that access this Site. An IP address is a number that is assigned to your computer when you access the Internet. It is not truly personally identifiable information because many different individuals can access the Internet via the same computer. ARCHIMEDICX uses this information in aggregate form to understand how this Site or advertisements from ARCHIMEDICX are being used and how ARCHIMEDICX can better serve its visitors.

7. Disclosure to Third Parties

ARCHIMEDICX may share your personally identifiable information with third parties who ARCHIMEDICX has engaged to help it provide services. In each case, ARCHIMEDICX will ensure that these third parties have agreed not to use or disclose your personal information except to help ARCHIMEDICX operate the Site.

Except as noted above for communications and newsletters, ARCHIMEDICX does not provide any third party access to your IP address and email address.

ARCHIMEDICX may provide third parties with aggregate statistics about its visitors, traffic patterns and related website information. These data reflect website-usage patterns gathered during visits to this Site each month, but they do not contain your behavioral or identifying information unless you have given ARCHIMEDICX permission to share that information.

To help ARCHIMEDICX determine the effectiveness of ARCHIMEDICX’s advertising, ARCHIMEDICX works with Internet analytics tools hosted by third parties who receive non-identifiable information from your browser, including but not limited to the website or the advertisement you came from, your general geographic location, your browser and platform information, and the webpages you view within this Site.

Except as described in the Privacy Policy or as specifically agreed to by you, ARCHIMEDICX will not disclose any personally identifiable information it gathers from you on this Site or through the use of optional ARCHIMEDICX services. ARCHIMEDICX only releases personally identifiable information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena, or court order; or (2) in special cases, such as in response to a physical threat to you or others, to protect property or defend or assert legal rights. In the event that ARCHIMEDICX is legally compelled to disclose your data to a third party, ARCHIMEDICX will attempt to notify you unless doing so would violate the law or court order.

By agreeing to the Archimedicx Terms and Conditions and Privacy Policy, you hereby authorize ARCHIMEDICX to use or disclose your protected health information, specifically any medical records you submit through ARCHIMEDICX’s patient portal, to the Healthcare Provider that you have selected at your request for the purpose of the Healthcare Provider’s review and determination of the appropriateness of the Medical Service that you are seeking.  ARCHIMEDICX makes no representations or warranties regarding any obligations the Healthcare Provider may have to you under state or federal law as it relates to its use or disclosure of your protected health information that you provide.

8. Questions, Problems or Complaints

If you have a question, problem or complaint, please use ARCHIMEDICX’s contact form or email ARCHIMEDICX directly [email protected] ARCHIMEDICX’s customer service staff will forward your correspondence to the appropriate ARCHIMEDICX staff person for a response or resolution. ARCHIMEDICX tries to answer every email within 48 business hours, but may not always be able to do

  1. Additional Terms; Miscellaneous

This Site will comply with applicable laws and ISO standards pertaining to your privacy.

No waiver of any of the Privacy Policy shall be deemed a further and continuing waiver of such Privacy Policy or any other provision of the Privacy Policy. You agree that the failure to enforce any provision or obligation under the Privacy Policy shall not constitute a waiver or serve as a bar to the subsequent enforcement of such provision or obligation or any other provisions or obligations under the Privacy Policy. If any provisions of the Privacy Policy are invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

You agree that the Privacy Policy may be automatically assigned by ARCHIMEDICX, in ARCHIMEDICX’s sole discretion, to a third party.

All rights not expressly granted under the Privacy Policy are hereby reserved for ARCHIMEDICX.

 

The Privacy Policy was last updated on July 16, 2015