Patient Terms and Conditions

NEO INNOVATIONS, LLC TERMS & CONDITIONS

 

Terms and Conditions

[ SUBSCRIBER] and its affiliates (collectively, “PRACTICE, “we”, “us”, or “our”) are pleased to provide you with online digital services including our web-based electronic health records (“EHR”) platform, and use of our websites, applications, features, products, resources, or other services (together the “Services”). Any individual or entity which accesses and uses of the EHR platform, as well as any individual sub-user (collectively “you and “your”). These terms and conditions govern your access to and use of the Services. Please read carefully these terms and conditions.

Note that these terms and conditions contain an arbitration provision that requires arbitration on an individual basis, waives your right to trial by jury, and waives your right to participate in any class action or representative proceeding in the event of disputes as set out in the Dispute Resolution Section below.

By clicking “Accept” or by using the provided Services, you agree to these terms and conditions. If you do not agree to these terms and conditions, you may not access or use the Services.

Provider, through, NEO provides a number of services through the myNEOhealth patient portal, depending on what Services they have elected to subscribe to:

If there are additional terms associated with a specific Service, you will be presented with those additional terms at the time you access the Service. However, those terms will only apply to that particular Service. Collectively these terms and conditions constitute an Agreement between Provider and you, and supersede all prior understandings, whether written or oral, concerning the use of our Services.

NEO Innovations, LLC (“NEO”) controls our Services from our offices in Green Bay, Wisconsin. You and NEO agree that, except as provided in the Dispute Resolution Section below, your access to the Service and these terms and conditions, and any dispute between you and NEO relating to your use of the Services and these terms and conditions, will be governed or construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of laws provisions.

These terms, materials referenced in these terms, and the contents of the NEO Services are subject to change at NEO’s sole discretion without prior notice to you. Any changes made are effective upon posting. It is your responsibility to review these terms and conditions every time that you access a NEO Service, because you will be bound by any changes made.

 

General Disclaimer

The information presented describes the NEO products and services offered by Practice using general terms to improve comprehension.

1. With respect to medical information, other than information provided to you by your provider through direct communication, or based on an online care appointment, information made available by Practice through online services should not be construed as an offer for medical services or as medical advice.
2. With respect to other products and services, general terms may be used to improve comprehension. While some specific information may be provided, the information presented on our online services may not contain all the applicable terms, conditions, limitations, or exclusions necessary to fully describe the products and services being described. Product and/or service descriptions are not intended to constitute offers to sell or solicitations in connection with any product or service.

NEO and Practice disclaim all liability whatsoever for any documentation, information, programs, software, or other material that is or may become a part of our online services. Neither NEO nor Practice warrant or guarantee that it will be available for your use, that the information will not be offensive to you, or that it will meet your needs and requirements.

Privacy Statement

This section (“Privacy Statement”) explains what information we collect, how we collect information, and why we collect information when you visit or use our online services. It also explains when, why, and with whom we share that information when you use the online services.

Our Privacy Statement applies to any Services where it is posted, including those accessible via the primary websites listed below:

www.neoplatform.com

www.myneohealth.app

 

Separately, information that is defined as protected health information under the Health Insurance Portability and Accountability Act is governed by, and will be used and disclosed solely as described in the LINK TO PRIVACY PRACTICE not this Privacy Statement.

For more details, see the following link:

https://neoinnovations.com/privacy/

If you have any questions concerning the confidentiality of your information please contact your clinic or provider.

1. Information We Collect

When you use our online services, we collect information from or about you, as well as the device you have used to access the online services, in a variety of ways. We collect and store information that you provide directly to us on or through the online services. For example, we collect information about you when you create an account or profile in the Services, use the interactive areas and features of the online services, subscribe to our email lists, participate in a survey or events, pay a bill, make a donation, request support, post comments on our sites, fill out a form, or otherwise communicate with us. Depending on the online service, we may collect the following kinds of information from you, and we may use this information to contact you or combine that information with other information we have about you or your device:

1. Account information, such as your name, email address, password, postal address, bill address, shipping address, phone numbers, date of birth and any other information you choose to provide.
2. Transaction information, such as your health insurance information and limited payment information from you, such as payment method and payment card information.
3. Information about others, such as the names and the contact information of your providers, your representatives, and any dependents in your care.
4. Health information such as your past and present medical condition, medication information, and treatment history.
5. Other information you choose to provide, such as when you fill out a form; conduct a search; participate in a survey, assessment, contest, promotion or interactive area of the online services; have a live audio and video visit; or when you request technical or customer support.
6. Other details about our privacy policies can be found at https://neoinnovations.com/privacy/
7. [INFORMATION COLLECTED BY CLINIC THAT IS PROVIDED FOR BY CLINIC]

We also automatically collect the following types of information from you when you visit or use some of our online services:

1. Access Credentials, where our servers record certain log file information, such as your Internet Protocol (“IP”) address, operating system, browser type and language, referring URLs, access times, pages viewed, links clicked and other information about your activities on the online services.
2. Device information, such as the device used to access or use the online services, including the hardware model, operating system and version, unique device identifiers, and mobile network information. If your device settings permit, we may also collect information about the precise location of your device and access and collect information from certain native applications on your device (such as your device’s camera, photo album and phonebook applications) to facilitate your use of certain features of the online services.

We may also use online tracking technologies, including cookies, pixel tags, local stored objects, embedded scripts, and web beacons to collect the types of login, device, and other information described above when you interact with our online services.

We may allow others to provide analytics or other services using these technologies to collect information about your use of the online services and other websites. We may also place cookies, pixels, or other tracking technologies of third parties, such as Google, Facebook (also known as Meta), or Microsoft’s Bing, in the online services that track your interactions with our or that third party’s websites, content, advertisements, website links, and/or other online services. For more information about how and why we use these technologies, and how to disable them, please see our Cookies Notice below. Some of this information may be used for re-identification. Re-identification is a process by which anonymized data collected on our online services are matched with personally identifiable information. Re-identified data are used, among other ways, to provide website users with a more relevant and user-friendly online experience.

1. Why We Collect Information

We collect your information for a number of reasons, depending on the online service, including to:

1. Provide, maintain and improve our online services and provide you with relevant information;
2. Send you technical notices, updates, and alerts;
3. Provide support, customer service, and administrative messages;
4. Respond to your comments and inquiries, and provide customer services, including chat or survey functions;
5. Communicate with you about products and services offered by us and others, and to provide news and information about products, services, and events we think will be of interest to you;
6. Plan, administer and coordinate events, community groups and outreach activities;
7. Process financial assistance applications;
8. Monitor and analyze trends, usage and activities in connection with our online services;
9. Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of NEO and others;
10. Maintain appropriate records for internal administrative purposes;
11. Comply with applicable laws, regulations, and court orders;
12. Carry out any other purpose described to you at the time the information was collected.
13.  [Reserved]

 

1. How We Share Your Information

We may share information we collect about you in the following ways:

1. With our third-party service providers, consultants, and vendors to maintain, improve, monitor, provide, and protect our online services;
2. With other entities that are subsidiaries of the Practice;
3. With our third-party advertising partners in order to display advertisements relevant to you, and while much of the information we share is anonymized, selected third-party advertising partners may match and re-identify you;
4. With a social media platform, including when you access our online services while logged into a social network platform or when you post content from our online services to your social network platform;
5. In the course of legal proceedings or in response to legal orders or government requests, and as otherwise required by law;
6. As needed to support compliance and corporate governance functions; and
7. In connection with a transfer of ownership or assets, a corporate reorganization, merger, or acquisition.

Individuals under the age of majority are not eligible to access the site or use the patient portal services.

Cookies Notice

The Cookies Notice in the paragraphs below describes the various technologies the integrated academic health system of each Practice and its subsidiaries and affiliates use when you access and use our online services and any subdomains, as well as any other Practice-related websites or mobile applications. Please read this Cookies Notice carefully, as it describes how we collect, store, and share information, including through cookies, pixel tags, web beacons, embedded scripts, local objects, and other tracking technologies (collectively referred to in this notice as “Cookies”) on our online services, the reasons we use these Cookies, and how you can disable them. This notice applies to any online service where this notice is placed or that references this notice.

1. What are Cookies and why does NEO use them?

A Cookie is a small text or other file, including a unique reference code, that is stored in your device by your web browser when you visit or use the online service, and that your browser provides to us each time you return to the online service. Almost every website uses these files. Cookies may store certain information such as your internet protocol (“IP”) address, operating system, device information, browser type and language, referring URLs, access times, pages viewed, links clicked, search queries and results, and other information about your activities or use of the online service. These are used to identify the content you view, the content you provide so that you do not have to re-enter it each time you visit our online services, and your preferences and settings. Cookies also help us provide you with customized content, speed navigation through our online services, allow us to learn about your visit and use of our online services, and to market our products and services to you on our online services and non- Practice websites based on your interests and preferences. Cookies vary in duration. Session Cookies, for example, last for as long as your internet browser is open. Once the browser closes, the session Cookie disappears. Persistent Cookies are stored on your device for longer periods. Both types of Cookies can create an identification that is unique to your device.

1. What type of Cookies do we use?

We and NEO may use different types of Cookies, depending on the online service. The main categories of Cookies are Strictly Necessary Cookies, Performance Cookies, Functional Cookies, Analytics Cookies, and Marketing Cookies. We and NEO do not use the same Cookies in every online service.

1. Strictly Necessary Cookies are essential in order to enable you to move around the online service and use its features. These are temporary Cookies that last only as long as your web browser or application is open, and are used for technical purposes such as enabling better navigation on the online service.
2. Performance Cookies are stored on your device for longer periods and are used for various performance purposes including tracking the number of visitors to the online service and information such as the number of views a page gets, how much time a user spends on a page, and other pertinent web statistics. The collected information is collected and stored in aggregate form. These Cookies are used to improve the performance of the online services and the user experience.
3. Functional Cookies enable the website to save information which has already been entered (such as user names, language choices, and your location), so that it can offer you improved and more personalized functions. Functional Cookies are also used to enable features you request, such as playing videos.
4. Analytics Cookies are used with our web analytics services from third parties, such as those from hosting services like Amazon Web Services. These services use Cookies to collect information such as IP address, device ID, browser information, geolocation, content viewed, or other similar information for the purpose of analyzing and measuring how visitors use the online services and specific functions and features.
5. Marketing Cookies may be used to deliver advertisements to you on our online services or other websites based on your interests and preferences. These Cookies are also used to collect data when you have interacted with our online advertisements. Data that may be collected and shared for advertising or marketing purposes includes information such as IP address, browser type, location (municipality, not home or street address), date and time of visit, domain type, and activity on the online service. We and NEO may use and share data from these Cookies with our third-party advertising and marketing partners that enable us to present you with advertising on other sites, or with marketing information, based on your previous interaction with our online services. These Cookies also limit the frequency with which an advertisement appears and measure the effectiveness of advertising campaigns by determining whether you have visited an advertised webpage or our online service. Selected marketing partners may match and identify you using this information.
6. We and NEO may also place Cookies of third parties, such as Google, Facebook (now known as Meta), or Microsoft’s Bing, in the online services that track your interactions with our online services and that third party’s websites, content, advertisements, website links, and/or other online services. Such third-party Cookies are often managed by third-party service providers that also provide NEO with statistical, analytical, or other information and help us provide you with advertisements or other content that we believe would be relevant for you. The information collection and use practices by such third parties are described in the third party’s privacy policies and Cookies notices, not this Cookies Notice.
7. Your Choices: How to Manage and Disable Cookies

You can manage or disable Cookies at any time by adjusting your browser or device settings. Browsers and devices are different, so refer to the settings menu of your browser or device control settings for instructions on how to change your Cookie preferences. If you choose not to receive Cookies, our online services, or portions of our online services, may not function properly or be available to you.

You may also manage and disable Cookies placed by third parties such as Google, Facebook (or Meta), and Microsoft’s Bing, by following the instructions provided by the third parties in their Cookie policies and notices. You can find out how to do this, and find more information on Cookies, at www.allaboutcookies.org. To learn more about the use of Cookies by Google for analytics and to exercise choice regarding those Cookies, please visit the Google Analytics Opt-out Browser Add-on. For information about Cookies used by other third parties, visit:

• Microsoft: https://privacy.microsoft.com/en-us/privacystatement
• Facebook/Meta: www.facebook.com/help/568137493302217

You also may be able to opt-out from having certain of our third-party marketing partners use Cookies on our online services to collect data for marketing purposes. Some of these advertising partners are members of the Network Advertising Initiative (“NAI”). To remove yourself from some or all NAI member advertising programs, as further described on the NAI Opt-Out Page, please visit the NAI Opt-Out Page, https://optout.networkadvertising.org, and follow the relevant instructions. Please note that if you delete, block, or otherwise restrict Cookies on your computer, or if you use a different computer or Internet browser, you may need to renew your NAI opt-out choice.

PLEASE NOTE THAT IF YOU TURN OFF ESSENTIAL COOKIES, CERTAIN ASPECTS OF THE PLATFORM WILL BE INOPERABLE, AND YOU EXPLICITLY AGREE THAT NEO AND PRACTICE SHALL NOT BE LIABLE FOR ANY RESULTING DAMAGES CAUSED BY ANY ESSENTIAL COOKIES THAT ARE DISABLED BY YOU.

1. Changes

New services and specific Cookies may be added from time to time without prior notice to you. Accordingly, this Cookies Notice may be updated and posted online. Any updated Cookie Notice will become effective when posted. Please review this Cookies Notice periodically.

Subscription and Services Provided

1. Online Accounts

To obtain access to and use the Services, you must create an individual user account (“Account”), complete with a username and password. You agree that you will not create more than one account for yourself or create any account for anyone other than yourself and/or your dependent. In creating your account, you agree to provide current, accurate information, and you agree that each time your access your Account, you must update all information to keep it accurate, complete, and current. If the information provided is untrue or incomplete or if its is suspected this is the case, we may suspend or terminate your Account and refuse to provide you with Service(s) in the future.

1. Services Provided

We shall provide end user access to the Services to access healthcare and related information uploaded by Practice to the EHR platform.

1. Electronic Signatures

By signing your name electronically on documentation provided by Practice via the Services or other electronic means, you agree that your electronic signature is the legal equivalent of your manual signature. You are entitled to receive a copy of any documents you sign electronically.

1. Financial Responsibility

You have the financial responsibility to ensure payment for any and all services provided to you by the Practice and any associated Practice provider. NEO shall retain no responsibility for any costs or fees associated with any visit.

1. Proxy Access

I understand that the Services are not a tool to be used in the case of a medical emergency or urgent situation. If an emergency or urgent situation arises, I will seek appropriate emergency medical service.

I understand that the Services are intended as a secure online source of certain confidential medical and billing information. If I share my username and password with another person, that person may be able to view health information about me or the patient.

I agree that it is my responsibility to select a confidential password, to maintain my password in a secure manner, and to change my password if I believe it may have been compromised in any way.

I understand that the Services contain select medical information from a patient’s medical record and are a tool of convenience and does not substitute or reflect the complete contents of the patient’s medical record. I further understand that the Services contain information from the Practice that use the Services, and that the proxy will be able to access information from all of those offices. Such information may include information associated with HIV, mental health, drug and alcohol treatment.

I understand that in lieu of, or in addition to, select information contained in the Services, I may access any and all of that patient’s medical records that I am lawfully entitled to by contacting the appropriate Practice medical records department and requesting medical records in accordance to Practice policy.

I understand that by obtaining proxy access, I will be permitted to do the following:

• request appointments for healthcare services with Practice providers
• view select medical information that is available within the Services
• request certain online medical services
• communicate via the Services, by phone or in person with the patient’s health care providers on the platform regarding tests, treatments, medications, patient advice and administrative tasks
• communicate with Practice’s  billing office regarding any of the patient’s bills

I understand as a proxy I will be able to request certain online medical services , on the child’s behalf. I accept financial liability for such service that includes applicable charges if the child’s insurance does not cover all or part of this service.

I understand all activities within the Services will be tracked by computer audit and that entries will become a permanent part of the medical record.

I understand that access to the Services is provided as a convenience to our patients and that we have the right to deactivate proxy access to the account or that of the proxy at any time for any reason, including cases where the Practice reasonably believes that it is not in your best interest to continue to provide access to you as proxy.

Pediatric proxy access is a convenience tool provided at our sole discretion and may be disabled at any time in our sole discretion. I understand that at age 13, access to a child’s health record using the Services will be limited or may be discontinued for privacy reasons. I acknowledge and agree that I am not entitled to an explanation of the reason for discontinuation.

I understand that any pediatric proxy access will automatically discontinue when the child turns age 18. At that time the child may request their own account, or as the parent/legal guardian I can request adult proxy access.

I understand that in the event of the death of a proxied patient, proxy access to their medical information will be automatically discontinued. If you would like a copy of your family member’s information electronically, you have the option to request them through Provider’s Medical Records request process.

I understand that additional documentation such as a driver’s license copy may be requested for identity and signature verification purposes.

I will not use proxy access for frivolous purposes or for purposes unrelated to the care or treatment of the patient.

I understand the use of proxy access is for the care of the member. If I no longer need to have proxy access, I should notify the Practice immediately.

1. EHR Adolescent Accounts

Adolescent accounts are available for adolescents aged 13-17 who reside permanently in the state in which the Practice has it’s principal place of business. In order to apply for an account the adolescent and their parent or legal guardian should contact the adolescent’s pediatric provider for details on how to establish an account. The adolescent’s parent or legal guardian must consent in advance to establishing the account in consultation with the adolescent’s pediatric provider. For adolescent behavioral health virtual services the adolescent must be at least 14 years old.

Any live audio and video visits as well as any other messaging or communication conducted under the adolescent’s account with [Practice and its providers is limited to certain confidential medical conditions pursuant to applicable law and as determined in the sole discretion of Practice. Live audio and video visits for adolescents for routine care must be scheduled by the adolescent’s parent or legal guardian.

At our sole discretion of adolescent accounts may contain certain safeguards limiting the functionality and information available on the EHR for adolescents.

When the adolescent turns age 18 their adolescent account may be automatically transition to an adult account. A written communication will be sent confirming the status of the account.

All terms and conditions set forth in the entire terms and conditions are hereby incorporated by reference and shall apply, to the extent applicable, to all adolescent accounts.

1. Technology Limitations and Disclaimer

Neither NEO, nor Practice is responsible for any third-party mobile device, application, or system used to access and use the Services. Use of these third-party technologies is at your own risk. You must always take precautions in protecting your personal or confidential information and always ensure that your mobile devices and third-party technologies are used in a safe and responsible manner.

NEO Platform Messaging Program

NEO Innovations, in partnership with Twilio, operates the NEO Platform messaging program to help healthcare offices stay connected with their patients. By providing your consent to participate in this NEO Platform Messaging Program, you approve any charges from your mobile carrier relating to text messages to or from Practice. Messages may include appointment reminders, missed appointment notifications, promotional offers, and general office alerts. Message frequency varies based on your activity and upcoming appointments; you may receive on average 1–2 messages per week. Message and data rates may apply depending on your mobile carrier and plan. For support, contact us at support@neoinnovations.com. To opt out of messages at any time, reply STOP. After replying STOP, you will receive a one-time confirmation message and no further messages will be sent. Following such confirmation message, no additional text messages will be sent unless you re-activate your subscription. Carriers are not liable for delayed or undelivered messages.  Reply HELP for guidance on your options for communication.

If you choose to communicate with Practice through text messages (SMS/MMS), Practice will use reasonable means to protect the privacy of your health information sent by such messages as provided in our Privacy Policy. However, Practice cannot guarantee that communication via texts will be confidential. Data transmission over cellular airwaves cannot be guaranteed to be 100 percent secure. Additionally, Practice will not be liable in the event that you or anyone else inappropriately uses your device or accesses your text data. Practice will not be liable for improper disclosure of your health information that is not caused by Practice’s intentional misconduct.

Practice reserves the right to terminate this text service, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. You are responsible for managing the types of texts you receive.

You must be 18 years old to be eligible to use the NEO Platform Messaging  PLATFORM. By opting-in to communicate with Practice by text participate in a Campaign Text or Member Text you are representing that you are at least 18 years of age.

You expressly agree that NEO Innovations is not responsible for the content of messages from a Practice.

Content Review

Our goal is to provide high-quality information through the content on our online services. We define “content” as all text, images, graphics, tables, audio and video recordings, menu icons, bars, listings, indices, and functions that support content such as links, navigation, searches, and calculations.

We specifically disclaim any guarantees or warranties, whether expressed or implied, as set forth in detail below. It is the responsibility of visitors to our online services to evaluate the information we provide and determine its relevancy and usefulness to them.

We may use original, licensed stock, or purchased photography on our online services. The individuals portrayed in the images may be models, and their inclusion is not intended to imply any endorsement or association with any illness or condition.

Electronic Communications

NEO utilizes third party software via Twilio (“Twilio”) for text messaging capabilities within the NEO EHR platform. Twilio’s Electronic Communications Terms apply to communications with you using email, text messaging, chat, and other forms of electronic communications. When you choose to communicate with NEO through text messages (SMS/MMS) or subscribe to receive information from NEO through an online service that includes text messaging, such communications will also be governed by Twilio’s terms and conditions, privacy policy, and any other policy which Twilio requires.

User Accounts

You are responsible for the secure and proper use of any user accounts that you establish on our online services. You are also responsible for any actions taken utilizing your user account(s). We strongly encourage you to not share your username and password. You understand that we take no responsibility for, and disclaim all liability for damages arising from, your sharing your account(s) with others, or your account(s) being compromised. If at any time you feel that your user account has been compromised or that your information has been inappropriately disclosed or used in any way, you should immediately (a) change your password, then (b) contact us. If we have reason to believe that your account has been compromised or misused, we may suspend or discontinue your account(s) without prior notice.

Acceptable Use

You agree not to access or use any account that you create on our online services in an unlawful way or for an unlawful or illegitimate purpose, or in any manner that is not consistent with these terms and conditions. You shall not post, use, store, or transmit (a) a message or information under a false name, or misrepresent authorization to act on behalf of others, or assign false attribution or origin; (b) information that is knowingly wrong or deceptive, unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You agree not to attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by the online service. You shall not copy, modify, or create derivative works or improvements of the Services. You shall not rent, lease, lend, sublicense, assign, distribute, publish, transfer, or otherwise make available any Services, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service. You shall not remove, alter, delete, or obscure any trademarks, specifications, documentation, warranties, disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from any Services, including a copy thereof.

You shall not attempt to disrupt the operation of our online services by any method, including through the use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming. You shall not use your account in any manner that could damage, disable, or impair our online services. You shall not attempt to gain unauthorized access to any user accounts, computer systems, or networks through hacking, password mining, or any other means. You agree not to bypass or breach any security device or protection used by the Services or access or use the Services other than as an authorized user through your own credentials. You shall not use any robot, scraper, or other similar means to access your account for any purpose, or to harvest or collect personal information of any kind about any other individual who uses the online services.

You acknowledge that the Services are intended only for use in the United States of America. You warrant that you will not use the Services outside of the United States of America or the state in which the principal Practice location is located.

Social Media

We encourage open dialogue and appreciates the importance of the visitor experience. In certain cases, we may give you the opportunity to post information on one of our online services or other social media sites in which we participate (such as Facebook.

We shall not be held responsible for content submitted by other social media site users. We also reserve the right, but is not obligated, to remove any posts, graphics, comments, videos, photos, or any other content that:

• Is libelous, defamatory, or disparaging
• Violates another party’s copyright, trademark, or other intellectual property rights
• Affects the privacy rights of any of our patients, including the person posting the content, or of any NEO employee
• Condones or promotes illegal activity
• Is inaccurate, misleading, fraudulent, or deceptive
• Uses harsh, obscene, hateful, or threatening language
• Is spam, or is intended to cause technical disruptions to a NEO online service or social media site
• Offers unauthorized advice or tips
• Markets commercial products or solicits monetary contributions to any organization
• Is off-topic or excessive
• Violates any applicable law

We are not obligated to respond to any post or request for information or advice made on a social media site. Any information provided is for informational purposes only and is not a substitute for professional medical advice.

Links to other sites

Throughout our online services, links may be provided to non-Practice websites. These links are provided only as a convenience. If you decide to access these linked websites, you do so entirely at your own risk. We have no responsibility or control over the content or security of these websites, and makes no representations and gives no warranties with respect to the accuracy or completeness of any information contained therein. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked website or its content, nor of the organization hosting the website. We ask that you take appropriate precautions to ensure that whatever links you select are free from viruses and other types of malware. You agree that we shall not be responsible for any loss or damage of any kind incurred because of your access or use of these websites.

Surveys/Feedback

You may be asked on occasion to complete satisfaction surveys or provide customer feedback. That information may be used to enhance functionality of the online service or to analyze the data as part of studies and reports. Your participation in these satisfaction surveys is completely voluntary and does not affect your use of the online services.

Device Compatibility

We cannot guarantee that every device (smartphone, tablet, or PC) or Internet browser is capable of properly performing all functions of all NEO online services. If your device does not permit you to perform a website function, you should use a different compatible device instead. We are committed to providing information platforms that are reasonably accessible to all users, including those with disabilities.

Security

No data transmission over the Internet is 100% secure. You should take appropriate precautions to protect personal and confidential information, and to use your devices in a secure and responsible manner. We are not responsible for the security of your devices. If you have concerns about the transmission of your information over the Internet, you should consider using non-electronic communication methods. We are not responsible for any breach in security of any third-party providers included within the Services.

Suspension and Termination

We may suspend or terminate your access to an online service at any time, for any reason or for no reason at all. We have the right (but not the obligation) to refuse to provide access to an online service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. We reservee the right to change, suspend, or discontinue all or part of the online service, temporarily or permanently, without prior notice.

International Use

Our online services are designed for and intended for users in the United States of America only. We make no representations that the online services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the online service from territories where the content in the online services is illegal is prohibited. If you choose to access or use the online services from a location outside the United States, you do so on your own initiative and risk, and you are solely responsible for compliance with local laws.

WARRANTY DISCLAIMER

YOUR USE OF THE ONLINE SERVICES (INCLUDING ANY DOCUMENTATION, INFORMATION, PROGRAMS, SOFTWARE, OR OTHER MATERIAL ACCESSED ON THE ONLINE SERVICES) IS AT YOUR SOLE RISK. THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND NEO BOTH EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE ONLINE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, WE DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, (II) ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY , SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ONLINE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH ONLINE SERVICES WILL MEET YOUR EXPECTATIONS, NEEDS OR REQUIREMENTS, AND (V) THAT ANY ERRORS ASSOCIATED THE ONLINE SERVICES WILL BE CORRECTED; WE ARE NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS OUR ONLINE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE ONLINE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE ONLINE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE ONLINE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME AND PASSWORD. EXCEPT AS PROHIBITED OR LIMITED BY LAW, WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE ONLINE SERVICES.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT THE PRACTICE, NEO, AND ANY THIRD PARTY WHO PROMOTES THE ONLINE SERVICES OR PROVIDES A LINK TO THE ONLINE SERVICES SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU INCUR RELATED TO YOUR ACCESS AND USE OF THE ONLINE SERVICES.

TO THE FULLEST EXTENT OF THE LAW, WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT AND CONSEQUENTIAL DAMAGES ARE LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS AND USE OF THE ONLINE SERVICES THAT RESULT FROM ANY ACT OR OMISSION OF NEO, THE PRACTICE AND ANY THIRD PARTY WHO PROMOTES THE ONLINE SERVICES OR PROVIDES A LINK TO THE ONLINE SERVICES SHALL BE LIMITED TO THE FEE PAID BY YOU DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR IF NO FEES WERE PAYABLE BY YOU FOR SUCH PERIOD, $100.00.

THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING WITHOUT LIMITATION DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICES. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF NEO, THE PRACTICE OR, ANY THIRD PARTY WHO PROMOTES THE ONLINE SERVICE OR PROVIDES A LINK TO THE ONLINE SERVICE HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.

THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE A REASONABLE ALLOCATION OF RISK, AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATIONS SHALL BE APPLIED TO THE FULLEST EXTENT PERMITTED UNDER SUCH LAW.

DISPUTE RESOLUTION

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE ARBITRATION OF CERTAIN DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE PROCEDURES BY WHICH YOU CAN SEEK RELIEF.

 

Agreement to Arbitrate and Jury Waiver

You agree to resolve Disputes (as defined below) with the Practice in arbitration, as set forth in more detail below. Both you and Practice waive the right to a jury trial on any Disputes, to the fullest extent of the law. The word “Disputes” means any disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands in any way relating to, in connection with, or arising out of the online services, use of any Cookies or similar technologies, data or information privacy, sharing, or security concerns, incidents, or breaches, or these terms and conditions, whether or not related to the Services, and including any past, currently pending, existing, or future Disputes of any kind. “Disputes” do not include, and this arbitration and class waiver provision does not apply to, claims by our employees related to the terms or conditions of their employment, claims by or on behalf of Practice patients for alleged medical malpractice, wrongful death, or similar personal physical injury or survivor claims related to a patient’s medical care at any Practice facility or by a Practice provider, individual actions brought in small claims court for disputes fully within the scope of such court’s jurisdiction, or claims in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

Class Action Waiver

To the maximum extent allowed by applicable law, you agree that each may bring claims against the other only in your or its individual capacity, on an individual basis, and that you waive any right to pursue claims on a class, collective, non-individual, mass, or consolidated basis or in a representative proceeding. The arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding. Nothing in these terms should be read to allow class arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, inapplicable, invalid, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All disputes with respect to whether any other aspect of this Dispute Resolution provision and its terms is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Pre-Arbitration Notice and Good Faith Negotiations

You also agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually. Notice by the Practice will be sent to you at your last known street and email addresses on file, and notice by you to the Practice will be sent by mail and email, notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and email address used for access to the online services, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include your handwritten signature or the handwritten signature of a Practice employee, as applicable, depending on which party is initiating the Dispute. You then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute. If and only if we cannot resolve the Dispute within 30 days after the notice is received, then either party may commence an arbitration proceeding with a written demand for arbitration. Any limitations period will be tolled from the date the Dispute is noticed to the other side until the expiration of this 30-day period. Compliance with this Pre-Arbitration Notice provision is a condition precedent and requirement for initiating any arbitration proceedings.

Arbitration Procedures

To make arbitration as cost-efficient for the parties as possible, the parties agree to initiate any arbitration without using an arbitration service provider or administrator and to instead and only serve directly on the other party a written arbitration demand setting forth the relevant facts and claims. The demand will be specific and individual to you and include the information and signature set out in the Pre-Arbitration Notice provision above. The delivery addresses for service of the written arbitration demand are the same as set out in the notice paragraph above. The arbitrator will then be selected through mutual agreement of the parties, and the arbitrator will be a licensed attorney or a retired judge. The parties may use an arbitrator from the lists of court-approved neutrals listed on the website for the applicable jurisdiction in the state of Wisconsin or another mutually agreed-upon arbitrator, and the court will appoint an arbitrator under 9 U.S.C. § 5, if the parties cannot agree. The arbitration will be conducted in the appropriate state or federal court in the state of the principal Practice location; your county of residence; or another mutually agreed location, and the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration. Any documents exchanged will not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and anyone not a party to the proceeding. The arbitrator will have the authority to award monetary damages and other remedies on an individual basis only to the extent available under applicable law and consistent with and subject to the limitations set forth in these terms and conditions. Also, to the fullest extent allowed by law, the arbitrator may award declaratory or injunctive relief only in favor of you or Practice and only to the extent necessary to provide the relief warranted by your or Practice’s individual claim. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Except as modified by these terms, the parties agree to conduct their arbitration pursuant to the JAMS General Arbitration Rules and Procedures, available here.

Arbitration Fees

The party initiating the arbitration will pay any filing, case initiation, or arbitrator fees, up to the amount that would be required to pursue the same claim in the applicable jurisdiction. For individual damages claims with less than $25,000 at issue, NEO will pay the additional, reasonable fees and costs of arbitration. For claims with more than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will share the fees and costs of arbitration equally. The parties’ good faith negotiation of reasonable fees with the arbitration provider is authorized as needed. If the arbitrator determines that your or Practice’s claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.

Federal Arbitration Act

These terms and conditions affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these terms and conditions.

Forum Selection

For any dispute not subject to arbitration, you agree to proceed in state and federal courts covering the state in which the principal Practice location is located, and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts. If Practice does not enforce any rights under these terms and conditions at any point, it will not be deemed a waiver of any provision or right under these terms and conditions.

Electronic Communication Terms

These Electronic Communications Terms (“EC Terms”) apply to communications with you using email, text messaging, chat, and other forms of electronic communications. They describe the conditions on which the integrated academic health system of the Practice and its subsidiaries and affiliates (collectively, ” NEO,” “we,” “us,” or “our”) enable you to communicate with us using these electronic communications services.

These EC Terms are part of the Website/Email Terms of Use, which are incorporated here as well. Defined terms used in these EC Terms that are not defined here have the definitions given to them in the Website/Email Terms of Use. Please carefully read these EC Terms before communicating with the Practice electronically.

1. General Disclaimer

At the discretion of the Practice, its staff, physicians, and others representing the Practice, we may communicate with you using various electronic communications tools, including:

• Internet Email

“Internet email” refers to the email that is sent via the Internet using a standard protocol called “Simple Mail Transfer Protocol” or “SMTP.” Internet Email based on SMTP is not encrypted and cannot be considered secure.

NEO will use reasonable means to protect the privacy of your information sent by email. As email is sent via the Internet and is not encrypted, we cannot guarantee that messages sent by you will remain confidential prior to delivery. Accordingly, we suggest that you do not send sensitive or confidential information, including your health information, by Internet email, nor agree to receive such information from us by Internet email, if you have concerns regarding confidentiality. We is not liable for unauthorized interception or disclosure of your confidential information you send through Internet email.

• Secure Messaging

We may provide a secure means for you to communicate electronically with us through a secure system within certain of our Online Services,. In such cases, we will let you know that the messaging system is secure for communicating electronically with us.

• Texting

We communicate with users through text messages, or SMS/MMS, on a limited basis, and only with prior approval from the user. Typically, these messages are intended to be general in nature, such as appointment reminders or, specifically with respect to account activation communications. In limited circumstances, we may agree to communicate additional information with you through text messaging.

If you choose to communicate with us through text messages (SMS/MMS) or subscribe to receive information from us through an online service that includes text messaging, such communications will be governed by our third-party Text Messages (SMS/MMS) Terms of Use, which are incorporated herein.

• Online Forms

When you enter data into an online form on our Online Services, the personal information you type is protected and securely transmitted to us through a method such as a Secure Sockets Layer (SSL). SSL is the standard method that websites use to protect visitors’ information by coding or “encrypting” everything from credit card transactions to enrollment data.

2. Risks and Your Responsibility

Your electronic communications may contain your sensitive and confidential information, including your health information. If you decide to use such means to communicate with us, you should be aware of the following risks and/or your responsibilities:

• Certain types of Internet communications are not secure or private, and unauthorized people may be able to intercept, read, and possibly modify the content of these communication that you send to or receive from us. By example, as described above, Internet email is not considered secure because it is not encrypted.
• You must protect your accounts, passwords, and electronic devices against access by unauthorized people. If you learn that your account has been compromised, it is your responsibility to notify us if such compromise impacts your communications with us. We will not be liable if you or anyone else inappropriately uses your account(s), as applicable.
• We will not be liable for improper disclosure of any information that is sent to us when you use electronic communications prior to the time that we receive it.
• Because electronic communication tools can be used to spread viruses, you should install and maintain virus protection software on your computing devices.
• Because electronic communication may be copied, printed, and/or forwarded by anyone who receives your communication, you should be careful regarding to whom you send such communications.
• As your employer may claim ownership of, or the right to access, an Internet email account issued to you by your employer, you should avoid using an employer-issued Internet email account to communicate with us. If you do provide an employer-issued email account to communicate with us, you understand and agree that your employer may have the right to access all email sent by us to the account, and you provide permission to us to send email, including billing statement availability emails, to the account, unless and until you change the email address for our communication. We will not be liable for any loss of privacy or confidentiality if you choose to communicate with us using an employer-issued Internet email account.

Conditions for Communicating Electronically

By communicating electronically with us, you agree that:

• We may forward your communications as appropriate for diagnosis, treatment, reimbursement, billing, and other related reasons. As such, Practice staff members, other than the recipient, may have access to communications that you send. Such access will only be to such persons who have a need to access your communications to provide services to you. Otherwise, we will not forward your electronic messages to independent third parties without your prior written consent, except as authorized or required by law.
• Although we will try to read and respond promptly to electronic communications, Practice staff may not read your communications immediately. Therefore, you should not use electronic communication tools to communicate with us if there is an emergency or where you require an answer in a short period of time. For a medical emergency, you should dial 911 or go immediately to a hospital Emergency Department. If your communication requires or asks for a response and you have not received a response within a reasonable period of time, it is your responsibility to follow up directly with us.
• You will carefully consider the risk of using electronic communication tools to send sensitive medical information including, but not limited to, information regarding sexually transmitted diseases, HIV/AIDS, mental health, developmental disability, or substance abuse. You should consider other forms of communication to discuss such types of sensitive medical information. Sending this kind of information to us using public electronic communications services such as email and SMS is at your own risk and responsibility.
• You will carefully word communications so the information provided clearly and concisely describes the information you intend to convey.
• We reserves the right to save your communications in your medical record if your communication constitutes protected health information under our Notice of Privacy Practices
• It is your responsibility to follow up and/or schedule an appointment if warranted or recommended by the Practice.
• Electronic communications tools may not be the only form of communication that we will use to communicate with you.
• We may decide that it is not in your best interest to continue to communicate with you electronically. In such case, wewill notify you that it no longer intends to communicate with you by such means.
• If you provide an Internet email address to us for communication, we may use that email address to communicate with you for a variety of purposes, such as billing related matters.

Electronic Communication Instructions

When using electronic communications tools to communicate with us:

1. You will immediately inform those individuals at the Practice with whom you communicate of changes in your email address, cell phone number, or preference for communicating.
2. You will limit communications to the clear and concise information that you wish to convey to us.
3. You are responsible for correcting any unclear or incorrect information you provide.
4. You will send communications only to addresses and phone numbers as instructed by us.
5. You will include in the body of the communication your name and such other information as is necessary for us to identify you.
6. You will include the category of the communications in the subject line of the message, for handling purposes (e.g., prescription, appointment, medical advice, billing question). Prior to sending a communication, you will review the communication to make sure it is clear, and that all relevant or requested information is provided.
7. You consent to communicate by e-mail by sending an e-mail to all of the e-mail addresses (mailboxes) that you had previously communicated to.
8. You can unsubscribe from emails at any time. To unsubscribe from an electronic message service, follow the instruction provided to you in our message.

Contact

Should you have any questions regarding these EC Terms, or the use of electronic communications please contact your clinic or provider.