LAST UPDATED June 11, 2024
Welcome to Chalice Health!
Chalice Health (“we,” “us,” “our”) provides its services to you (“you”) through its website located at www.chalicehealth.com (the “Site”), its mobile applications (the “App”), and its related services, content, tools, widgets, software, API(s), and/or other products, services, data, or information supplied to you by Chalice Health (collectively referred to as the “Services”), subject to the following Terms of Service (the “Terms”).
1. Use of Our Services
1.1. Emergency Disclaimer: Our Services are not appropriate for emergencies. If you think you have a medical or mental health emergency, or if at any time you are concerned about your care or treatment, call 911 or go to the nearest open clinic or emergency room.
1.2. Agreement to Terms: This Agreement governs your use of the Services. By accessing the Site or using the Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, do not access the Site or use the Services.
1.3. Changes to Terms: We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.
2. Additional Terms
2.1. Privacy Policy: When using certain Services, you may be subject to additional terms and conditions, including our Privacy Policy located at https://chalicehealth.com/privacy. You must read, agree with, and accept all terms and conditions contained in this Agreement and the Privacy Policy before using the Site.
3. Access Rights and Use of the Services
3.1. Services Description: Chalice Health serves as a platform facilitating the marketing and sale of health care services by health care providers (“Providers”) to patients (“you” or “Patients”). This includes access to health care services, prescription services, scheduling, and payment. Users of the Site are categorized as either “Guests” or “Members.” Guests have limited access to Services, while Members enjoy additional features by registering and providing necessary information as detailed in our Privacy Policy. “Inactive Members” are former Members who no longer have access to additional features.
3.2. Medical Advice Disclaimer: Chalice Health does not provide medical services or advice. We do not endorse any medical services or advice obtained through the Site or Services. Always seek professional medical advice and never delay seeking treatment based on information accessed through the Site. Chalice Health is not responsible for any third-party information, products, or services accessed through the Site. Additionally, Chalice Health does not provide pharmacy services or advice on prescription medication. For medication-related inquiries, consult your pharmacist or healthcare provider.
3.3. Registration Obligations: To access certain features of the Service and become a Member, you may be required to register with Chalice Health. By choosing to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Any registration data, health data uploaded to the Service, and certain other information about you are governed by our Privacy Policy. Individuals under 18 years of age are not authorized to use the Service, regardless of registration.
Our Service is currently available only to individuals who are located in states where we offer the Service, are at least eighteen (18) years of age or older, or have reached the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement. By visiting, accessing, registering with, or using the Service, you represent and warrant to us that you meet all of these eligibility requirements. Additionally, you represent and warrant that when you use the Service to consult with a Provider, you are located in the same state as the shipping address you provide in your account. By using the Service, you agree to comply with all applicable laws and to use the Service only for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.
3.4. Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Chalice Health is entitled to act on instructions received under your password. You agree to immediately notify Chalice Health of any unauthorized use of your password or account or any other breach of security and to ensure that you exit from your account at the end of each session when accessing the Service. Chalice Health is not responsible for any actions taken or transactions made to or from your accounts by any other party using your password, and Chalice Health will not be liable for any loss or damage arising from your failure to comply with this Section.
3.5. Modifications to Our Service: Chalice Health retains the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice. You acknowledge and agree that Chalice Health shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
3.6. General Practices Regarding Use and Storage of Your Information: You acknowledge that Chalice Health may establish general practices and limitations regarding the use of the Service, including, but not limited to, the maximum retention period for data or other content and the maximum storage space allocated on Chalice Health’s servers. You agree that Chalice Health bears no responsibility or liability for the deletion or failure to store any data or content maintained or uploaded by the Service. You acknowledge that Chalice Health reserves the right to terminate inactive accounts and to modify these general practices and limitations at its sole discretion, with or without prior notice. However, any health data uploaded to the Service shall be maintained in accordance with the requirements under HIPAA and applicable state data privacy and medical records laws.
3.7. Mobile Services: The Service encompasses specific features available via mobile devices, including the ability to upload content to the Service and browse the Service and the Site. By accessing the Service through a mobile device, you acknowledge that your wireless service carrier may apply standard charges, data rates, and other fees. Additionally, certain Mobile Services may be subject to prohibitions or restrictions imposed by your carrier, and compatibility may vary among carriers or devices.
By using the Mobile Services, you consent to receiving communications from us regarding Chalice Health and other entities via SMS, MMS, text message, or other electronic means to your mobile device. You also acknowledge that we may receive certain information regarding your usage of the Mobile Services. If you change or deactivate your mobile telephone number, you agree to promptly update your Chalice Health account information to ensure messages are not sent to the individual who acquires your old number.
4. Use of the Services
By using the Services, you agree to utilize them solely for the purpose of finding a healthcare provider for yourself or someone else. You bear full responsibility for all content, including images, information, data, text, messages, or other materials (“content”), that you upload, post, publish, or display, or otherwise utilize via the Service. It is your obligation to ensure that all content you upload or share complies with applicable laws, rules, and regulations, is suitable and non-offensive, and that you possess all necessary rights to use, share, and/or upload such content without infringing upon any third-party rights.
Chalice Health retains the right to investigate and take appropriate legal action against individuals who, in its sole discretion, violate this provision. This may include, but is not limited to, removing offending content from the Service, suspending or terminating the accounts of violators, and reporting individuals to law enforcement authorities. You agree not to use the Service in any manner deemed illegal or improper by Chalice Health, as determined in its sole discretion.
4.1.Telemedicine
Some of our Services may offer a telemedicine online platform, enabling participating medical professionals and healthcare staff (“Providers”) to engage with their clients, customers, and/or patients (collectively, “Patients”) to deliver healthcare-related services online and conduct virtual consultations via an internet connection. We do not assume responsibility for internet connectivity issues or related problems. It’s important to note that we are not a medical service provider, health insurance company, or licensed to sell health insurance. Our Services are not designed for use by Providers and/or Patients for active patient monitoring that necessitates immediate clinical action or continuous surveillance.
The Providers delivering services through our platform operate as independent professionals within independently owned professional practices. We do not practice medicine or any other licensed profession, nor do we interfere with the practice of medicine or any other licensed profession by Providers. Each Provider is accountable for their services and must comply with the regulations applicable to their profession and license.
Information exchanged between Providers and/or Patients through the Services is transmitted solely via the platform and is not verified or endorsed by us. It is provided on an “as-is” basis, and we disclaim all warranties, whether express or implied, including but not limited to merchantability and fitness for a particular purpose. We shall not be liable to you or any party, including Service users, for any decisions made or actions taken in reliance on information about Providers or Patients on the platform.
You certify that you are not a beneficiary of federal health care programs (e.g., Medicare, Medicaid, TRICARE). Providing false or deceptive information, including regarding your Medicare or Medicaid enrollment status, may result in the termination of your current or future use of the Services.
The ability of a healthcare provider to use our platform does not imply our endorsement or recommendation of that provider. We, along with any third parties promoting or linking to the Services, are not liable for any professional advice received from a Provider via the platform. The medical guidance provided by your Provider is beyond our control and is not provided by us. As a Patient, you acknowledge that your healthcare services are provided by your healthcare provider, and any services obtained from the Provider are at your own risk. You assume full responsibility for any associated risks to the extent permitted by law. By using the Service, you agree not to hold us liable for any malpractice or substandard treatment provided by the Provider.
We reserve the right, though not obligated, to verify certain credentials of Providers using our Services, such as confirming their good standing with their respective licensure board(s). The Providers utilizing or featured on the platform are independent practitioners operating on their own behalf and are not our employees. Any opinions, advice, or information expressed by a healthcare facility, professional, specialist, or other Provider using or featured on the platform belong solely to them and do not reflect our opinions.
We do not endorse or recommend any specific tests, Providers, products, procedures, medications, devices, opinions, or other information mentioned on the platform or by any Provider or licensee of ours. We do not make any representations or warranties regarding the training or skill of any Providers who offer services via the platform. You will receive a list of available providers located in the U.S. based solely on the information you provide to us. Ultimately, you are responsible for selecting your specific Provider. The inclusion of Providers on the platform or in any professional directory on the platform does not imply recommendation or endorsement, nor is it intended as a means of verifying the credentials, qualifications, or abilities of any Provider listed therein.
Any medical advice provided to you by a Provider through the Services is based on your personal health data as provided by you to the Provider and local standards of care for your presenting symptoms, as determined by the information you provide.
Patients may need to provide certain Personal Information, such as their name, date of birth, gender, address, email, mobile and work phone numbers, along with a user ID and password. Additionally, patients have the option to provide additional information, such as middle name or initial, home phone number, other contact information, pharmacy details, picture, and communication preferences. During a video consultation via the Services, patients can also share other health-related information with the Provider. Patient medication history refers to a record of prescriptions prescribed by healthcare providers. This history is compiled from various sources, including pharmacies and health insurers. By using the Services, you consent to allow your Provider to access your medication history for the purpose of providing care. Optional information is not mandatory for account registration but may enhance your experience on the Site or its Services.
The use of the Service to verify Provider credentials by any entity or individual is strictly prohibited.
CONSENT & RISKS DISCLOSURE. Like any medical procedure, utilizing telemedicine or other Services entails potential risks. While we assess these risks to be minimal, they may include, but are not limited to:
- Possible delays in medical assessment, consultation, or treatment due to equipment deficiencies or failures, such as poor video and data quality.
- Potential breaches of privacy of personal medical information if security protocols fail.
- Risks associated with incomplete access to medical records, including adverse drug interactions, allergic reactions, or other negative outcomes.
You acknowledge that the laws safeguarding privacy and medical information confidentiality apply to telemedicine. You understand that telemedicine may involve transmitting your personal medical information electronically to practitioners located in various areas, potentially out of state. Although you anticipate benefits from telemedicine, no specific results can be guaranteed.
All information exchanged during telemedicine sessions becomes part of your medical record, which is solely the responsibility of the Provider and should be accessible to you. This information is bound by restrictions on disclosure without your consent. You retain the right to withdraw your consent at any time by contacting us as detailed herein to deactivate your account.
Your healthcare information may be shared with others for treatment, payment, and healthcare operations purposes. While psychotherapy notes are confidentially maintained by clinicians and not shared, billing codes and encounter summaries may be disclosed.
In specific circumstances, your healthcare information may be shared:
- In response to a valid court order for medical records.
- When reporting suspected abuse, neglect, or domestic violence.
- To prevent or mitigate a significant threat to anyone’s health or safety.
BY USING THE SERVICES AND/OR AGREEING TO THESE TERMS, YOU AGREE AND CONSENT THAT YOU HAVE READ AND UNDERSTAND THE INFORMATION PROVIDED HEREIN, AND UNDERSTAND THE RISKS AND BENEFITS OF TELEMEDICINE, AND BY ACCEPTING THESE TERMS OF USE YOU HEREBY GIVE MY INFORMED CONSENT TO PARTICIPATE IN A TELEMEDICINE VISIT UNDER THE TERMS DESCRIBED HEREIN. YOU ARE CONSENTING TO RECEIVING CARE VIA THE SERVICE. THE SCOPE OF CARE WILL BE AT THE SOLE DISCRETION OF THE PROVIDER WHO IS TREATING YOU, WITH NO GUARANTEE OF DIAGNOSIS, TREATMENT, OR PRESCRIPTION. THE PROVIDER WILL DETERMINE WHETHER OR NOT THE CONDITION BEING DIAGNOSED AND/OR TREATED IS APPROPRIATE FOR A TELEHEALTH ENCOUNTER VIA THE SERVICE.
5. Electronic Communications
Your interaction with the Site through visiting or sending emails constitutes electronic communication, indicating your consent to receive communications from us in electronic form. We will correspond with you via email or by posting notices on this Site. By utilizing the Site, you acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically fulfill any legal requirements for written communication.
By using the Site, you acknowledge and authorize Chalice Health to send Member emails pertaining to your Member account and Chalice Health promotions. You have the option to opt out of Chalice Health’s email services at any time by accessing your account on the Site and adjusting your notification preferences. Additionally, you can unsubscribe from special promotional emails by clicking on the provided unsubscribe link in any of our email communications.
By utilizing the Site and choosing to receive emails, text messages, and electronic communications, you acknowledge and consent to Chalice Health transmitting specific health information electronically. You recognize that despite Chalice Health’s implementation of commercially reasonable measures to protect the privacy and security of your health information, no system is completely immune to risks. You retain the ability to unsubscribe from emails or text messages at any point.
Furthermore, you acknowledge and consent to your obligation to provide accurate contact information, including your mobile device number and email address, to Chalice Health to receive communications containing your health information. Chalice Health bears no responsibility for user errors or omissions.
6. Fees
Chalice Health does not accept Medicare, Medicaid, or any other third-party insurance. If you opt to use the Services to schedule and pay for healthcare services out of pocket, you will need to provide Chalice Health or Chalice Health’s financing partner with your credit card or other payment information. By doing so, you represent and warrant to Chalice Health that this information is accurate, and you are authorized to use the payment instrument. You are responsible for promptly updating your account details in case of any changes, such as a new billing address or credit card expiration date.
Please note that Chalice Health has no control over the availability of healthcare providers at any given time. Chalice Health cannot be held liable for canceled or unfulfilled appointments, nor for any resulting injury, loss, or other consequences related to your use of the Site or Services.
6.1. Cancellation: Chalice Health’s cancellation policy aims to simplify the process of booking, canceling, and rescheduling appointments. We offer full refunds for canceled visits within the following timeframes:
- Virtual visits: You may cancel up to 3 hours before the scheduled visit.
- In-person visits: You may cancel up to 24 hours before the scheduled visit.
- All other visits (including labs, imaging, and visits without a specific day or time at purchase): You may cancel up to 10 days after the purchase date, once Chalice Health confirms with the provider that the visit did not occur.
Please note that refunds are not available for the following:
- No-shows or missed appointments
- Refund requests due to failure to receive a prescription or disagreement with the clinical outcome of the visit
- Surgical procedures with specific scheduling requirements
- Any request made 10 days after the original purchase date
If you accidentally book a same-day appointment and need to cancel, Chalice Health will issue a refund if you request cancellation within one hour of completing the purchase.
6.2. US Use Only: Chalice Health services are exclusively intended for users within the United States. Your information may be transmitted to third parties in other countries to facilitate the provision of services. These terms are governed by the laws of Nebraska.
This Service is hosted in the United States and is intended solely for users located within the United States. Chalice Health does not represent that the materials are suitable or available for use outside the United States. By accessing our Service from outside the United States, you are responsible for complying with all local laws. You agree to adhere to all laws and regulations applicable to your use of our Services.
6.3. Commercial Use: Unless expressly authorized herein or in the Service, you are prohibited from engaging in any commercial activities related to the Service. This includes, but is not limited to, displaying, distributing, licensing, performing, publishing, reproducing, copying, creating derivative works from, modifying, selling, reselling, exploiting, transferring, or uploading any portion of the Service for commercial purposes. The Service is intended for personal use only.
7. Prescription Services
As part of our Services, Chalice Health facilitates the delivery of prescription medication through our partner, Nucara pharmacy. It’s important to note that Chalice Health is not a pharmacy and does not hold itself out as one.
Prescriptions are issued at the discretion of the Provider and only if deemed medically necessary. While we strive to provide prescription services, we cannot guarantee that you will receive a prescription. Providers must have the capability to write prescriptions. By using our prescription services, you acknowledge that prescriptions are intended for your personal use. It’s your responsibility to review all accompanying information and labels and to consult a pharmacist or healthcare provider with any questions. Please note that controlled substances are not prescribed through Chalice Health’s prescription services. However, healthcare providers who accept in-person or home care may choose to prescribe controlled substances at their own medical discretion.
Chalice Health’s prescription services are cash-pay only, as we do not accept insurance for provider visits. However, you may seek reimbursement from your HSA or FSA. Payments made to Chalice Health for prescription services do not contribute to prescription drug coverage out-of-pocket expenses.
8. Referral Program Policy
Chalice Health offers a referral program to reward users who refer new members to the platform. By participating in the referral program, you agree to the terms and conditions outlined below:
- Eligibility:
- To be eligible for the referral program, you must be a registered member of Chalice Health.
- Referrers must be at least eighteen (18) years of age or older.
- The referral program is void where prohibited by law.
- Referral Process:
- Referrers can refer new members to Chalice Health by sharing their unique referral link or code provided by the platform.
- Referrals must be made in accordance with applicable laws and regulations and should not involve spamming or unauthorized use of marketing materials.
- Referrers should only refer individuals who have given their consent to receive the referral.
- Reward Structure:
- The referral reward structure may vary and will be specified by Chalice Health.
- Both the referrer and the referred member may be eligible to receive rewards based on the terms of the referral program.
- Rewards may include credits, discounts, or other benefits as determined by Chalice Health.
- Reward Redemption:
- Referral rewards will be credited to the referrer’s account or provided in another form as specified by Chalice Health.
- Rewards may be subject to expiration or other limitations, which will be communicated to participants.
- Compliance:
- Referrers and referred members must comply with Chalice Health’s Terms of Service and Privacy Policy.
- Chalice Health reserves the right to withhold rewards or terminate participation in the referral program if there is evidence of fraud, abuse, or violation of the terms.
- Modification and Termination:
- Chalice Health reserves the right to modify or terminate the referral program at any time without prior notice.
- Modifications to the referral program will be effective upon posting on the Chalice Health platform.
By participating in the referral program, you acknowledge and agree to abide by the terms and conditions outlined above. Chalice Health may update the referral program policy from time to time, and it is your responsibility to review the latest version.
9. Intellectual Property Rights:
9.1. Service Content, Software, and Trademarks: You acknowledge and agree that the Chalice Health platform may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Unless expressly authorized by Chalice Health, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the platform or the Service Content, in whole or in part. However, this restriction does not apply to your own User Content (as defined below) that you legally upload to the platform. Furthermore, in using the platform, you agree not to engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
If Chalice Health blocks your access to the platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the platform or the Service Content other than as specifically authorized herein is strictly prohibited.
The technology and software underlying the platform or distributed in connection therewith are the property of Chalice Health, its affiliates, and partners (the “Software”). You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Chalice Health.
The Chalice Health name and logos are trademarks and service marks of Chalice Health (collectively the “Chalice Health Trademarks”). Other company, product, and service names and logos used and displayed via the platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Chalice Health. Nothing in these Terms of Service or the platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Chalice Health Trademarks displayed on the platform, without Chalice Health’s prior written permission in each instance. All goodwill generated from the use of Chalice Health Trademarks will inure to Chalice Health’s exclusive benefit.
9.2. Third Party Material: Chalice Health shall not be held liable in any way for any content, materials, or services provided by third parties (including users or healthcare providers) accessed through or on behalf of such third parties, including any errors or omissions in such content, or for any loss or damage incurred as a result of the use of such content. You acknowledge that Chalice Health does not pre-screen content, but reserves the right (though not the obligation) in its sole discretion to refuse or remove any content available via the Service that violates these Terms of Service or is deemed otherwise objectionable. The Services provided by Chalice Health facilitate the discovery and sourcing of certain third-party healthcare services provided by independent third-party Providers not affiliated with Chalice Health. Chalice Health does not guarantee or warrant, and makes no representations regarding, the reliability, quality, or suitability of such healthcare services or the Providers. By using the Service, you agree to release Chalice Health from any liability or damage that might arise out of such transactions.
As a user, by posting any content in our directory, or permitting Chalice Health to do the same, you grant Chalice Health a license to use your content, including any content, information, and any names, for the promotion of our directory and Services. NEITHER CHALICE HEALTH NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY THIRD-PARTY PROVIDER NOR ANY USER OF THE SERVICES. ANY INDIVIDUALS WHO PROVIDE ANY THIRD-PARTY SERVICES ARE NOT EMPLOYEES NOR CONTRACTORS OF CHALICE HEALTH, AND CHALICE HEALTH IS NOT RESPONSIBLE FOR THEIR ACTIONS OR INACTIONS NOR FOR ANY SERVICES THEY PROVIDE (OR FAIL TO PROVIDE).
You acknowledge that the list of healthcare providers on the Service may not be comprehensive or regularly updated, and Chalice Health takes reasonable steps to ensure accuracy but relies on information reported by healthcare providers, which may not always be accurate or up-to-date. Chalice Health is not responsible for the content or service descriptions provided by healthcare providers.
9.3. User Content Transmitted Through the Service: Regarding the content or materials you upload through the Service or share with other users or recipients (collectively referred to as “User Content”), you affirm and warrant that you have full ownership of all rights, title, and interest in and to such User Content, including, but not limited to, all copyrights and rights of publicity contained therein. By voluntarily providing Chalice Health with User Content, which may include Personal Information (as defined in the Privacy Policy), you consent to our utilization of Personal Information in accordance with these Terms of Service and our Privacy Policy. You also agree that any User Content you submit through the Service that is communicated to our partners, affiliates, and medical providers will be accurate and complete. By uploading any User Content, you hereby grant and will grant Chalice Health and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service, its promotion, advertising or marketing, service enhancement, and as aggregated and/or de-identified for any lawful purpose in any form, medium, or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service (“Submissions”), provided by you to Chalice Health are non-confidential, and Chalice Health will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Chalice Health may retain content and may also disclose content if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Chalice Health, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Chalice Health does not offer medical advice or services and should not be considered a replacement for consultations with qualified professionals who understand your individual requirements. The responsibility for all content and healthcare services lies solely with the Providers, not with us. Chalice Health holds no liability for any actions, omissions, care, or lack thereof, from Providers. We do not assume responsibility for any disputes between Providers and you, including those arising from the healthcare services they provide or are expected to provide.
10. Third Party Websites
Chalice Health’s Service may offer links or other means of access to other websites and resources on the Internet. Chalice Health does not have control over these sites and resources, and therefore does not endorse or take responsibility for them. You acknowledge and agree that Chalice Health shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource.
11. Disclaimer of Warranties:
Your use of the service is at your own risk. The service is provided on an “as is” and “as available” basis. Chalice Health expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Chalice Health makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, providers, or other material purchased or obtained through the service will meet your expectations.
12. Our Obligations.
To fulfill our obligations and process the services for you, Chalice Health may share your personally identifiable information with our authorized service providers who perform specific services or functions on our behalf. Chalice Health may also be obligated by law to disclose the information you provide while using any of the services on the Site. Furthermore, Chalice Health reserves the right to disclose information in situations where an individual poses a threat to Chalice Health’s interests, such as instances of user fraud, or if their activities could potentially harm others. Additionally, Chalice Health may, at its discretion, deem it necessary to provide certain information to third parties, such as law enforcement authorities or regulatory bodies, particularly regarding a specific healthcare provider.
In the event that Chalice Health receives a court order to disclose information about you or your activities on the Site, you consent to such disclosure.
You have the right to request updates or changes to the information you provided to us, or to receive a copy of the information we have stored. You can make such requests by emailing us at security@chalicehealth.com or by updating the information in your Member profile. We will endeavor to accommodate your requests to the best of our ability, or provide an explanation if we are unable to fulfill them. Please note that we may require proof of identity before responding to any requests.
13. Indemnification and Release
You agree to release, indemnify, defend, and hold Chalice Health and its affiliates, as well as its and their officers, employees, directors, and agents (collectively referred to as the “Indemnitees”), harmless from any and all losses, damages, liabilities, fines, fees, penalties, costs, expenses, including reasonable attorneys’ fees, arising out of or related to any allegations, rights, claims, or actions of any kind arising from: (i) injury (including death) or damage to property caused by your or your agents’ action or inaction; (ii) your use of the Service; (iii) any User Content or any other content or materials you supply directly or indirectly; (iv) your connection to the Service; (v) your violation of these Terms of Service or this Agreement; or (vi) your violation of any rights of another party. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. Any obligation to indemnify an Indemnitee for any loss, liability, or expense arising from any negligent, grossly negligent, reckless, willful, fraudulent, or intentional conduct committed by any Indemnitee may not be enforceable against any visitor of the Services to the extent applicable law requires, such as from certain jurisdictions (such as from New Jersey).
14. Limitation of Liability
You acknowledge and agree that Chalice Health shall not be held liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses. This applies even if Chalice Health has been advised of the possibility of such damages, whether arising from contract, tort, negligence, strict liability, or otherwise. Such damages may result from: (I) your use or inability to use the service; (II) the procurement of substitute goods or services due to goods, data, information, or services obtained through the service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service, including providers; or (V) any other matter relating to the service.
In no event shall Chalice Health’s total liability to you for all damages, losses, or causes of action exceed the amount you have paid to Chalice Health in the past six (6) months, or one hundred dollars ($100), whichever is greater.
Some jurisdictions do not permit the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you or may not be enforceable in your jurisdiction. If you are dissatisfied with any part of the service or these terms of service, your sole and exclusive remedy is to discontinue use of the service.
For users from New Jersey, the aforementioned sections titled “Indemnification and Release,” “Disclaimer of Warranties,” and “Limitation of Liability” are intended to be as broad as permitted under the laws of the State of New Jersey. Should any part of these sections be deemed invalid under the laws of New Jersey, the invalidity shall not affect the validity of the remaining portions of those sections.
15. Dispute Resolution By Binding Arbitration:
15.1. Agreement to Arbitrate: Any dispute, claim, or controversy arising out of or relating to your use of the Chalice Health marketplace platform (“Platform”), including but not limited to the validity, interpretation, enforceability, or breach of these Terms of Service, shall be resolved by binding arbitration in accordance with the Nebraska Uniform Arbitration Act, Neb. Rev. Stat. §§ 25-2601 et seq., and the rules of the American Arbitration Association (“AAA”) then in effect, except as modified by this agreement.
15.2. Arbitration Procedures: The arbitration shall be conducted in the English language and shall take place in Omaha, Nebraska, unless otherwise agreed by the parties. The arbitration shall be conducted on an individual basis, and not as a class, consolidated, or representative action. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
15.3. Opt-Out: You may opt-out of this arbitration provision within thirty (30) days of accepting these Terms of Service by sending a written notice to Chalice Health at support@chalicehealth.com. Your written notice must include your name, address, username, email address used to register with the Platform, and a statement that you are opting out of the arbitration provision. If you opt-out, you and Chalice Health agree to resolve disputes in accordance with Section [insert section number for alternative dispute resolution mechanism, if applicable].
15.4. Class Action Waiver: You and Chalice Health agree that any arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. You and Chalice Health expressly waive any right to participate in a class action lawsuit or class-wide arbitration.
15.5. Governing Law: These Terms of Service and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law principles.
15.6. Severability: If any provision of this arbitration agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
16. Termination:
Chalice Health reserves the right, at its sole discretion, to suspend or terminate your account (or any part thereof) or your use of the Service and to delete any content within the Service, for any reason, including, without limitation, if Chalice Health believes that you have violated these Terms of Service or if there has been a lack of use. Any suspected fraudulent, abusive, or illegal activity may result in termination of your use of the Service and may be reported to appropriate law enforcement authorities. Chalice Health may also, at its sole discretion and without prior notice, discontinue providing the Service or any part thereof. In such cases, Chalice Health may immediately deactivate or delete your account and all related information and files in your account, and/or deny any further access to such files or the Service. You agree that Chalice Health shall not be liable to you or any third party for any termination of your access to the Service.
17. General Terms:
These Terms of Service and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law principles. You may not assign this Terms of Service without the prior written consent of Chalice Health, but Chalice Health may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles or headings in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Notice to Chalice Health must be in writing, sent via registered mail or nationally recognized overnight courier, with a duplicate copy to the legal department, with confirmation of delivery. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, disease, epidemic, pandemic, earthquakes or floods, civil disorder, strikes, fire or other disaster.
18. Notice for California Users:
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Chalice Health at 402-810-7840.
19. Updates to Terms of Service:
Chalice Health reserves the right, at any time, to modify, alter, or update these Terms of Service by posting the modified, altered or updated terms on the Site or through other reasonable means, and you agree to be bound by such modifications, alterations or updates. If you do not agree to such modifications, alterations or updates, you should terminate your use of the Services. Any such changes will become effective when they are posted. Your continued use of any of the Services following the posting of notice of any changes in this Agreement shall constitute your acceptance of such modifications, alterations and updates.