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Terms of Use

We do not provide emergency care services. If you are experiencing a mental health crisis or a medical emergency, please call 911. 

Terms of Use

Effective Date: 2/4/25

Please read these Terms of Service (the “Terms”), our Privacy Policy (www.herenow.health/privacy-policy) (“Privacy Policy”) and our Notice of Privacy Practices (www.herenow.health/privacy-policy) (“Notice of Privacy Practices”) carefully because they govern your use of the website located at herenow.health (the “Site”). Here Now Health, provides administrative, payment, and other support services to Here Now Healthcare, PC (collectively, “Here Now Health”); and Here Now Healthcare, PC, LLC, provides Telehealth Services through its employed and/or contracted provides and clinicians (collectively, the “Professionals”). To make these Terms easier to read, the Site and our services, including the Telehealth Services are collectively called the “Services.”

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND HERE NOW HEALTH THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.‍‍‍‍

1. Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.

2. Privacy Policy

Please review our Privacy Policy and our Notice of Privacy Practices, which also govern your use of the Services, for information on how we collect, use and share your information.

3. Changes to these Terms or the Services

We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

4. Who May Use the Services?

You may use the Services only if you are at least 13 years of age (or such other minimum age at which you can provide consent to data processing under the laws of your territory), and not otherwise barred from using the Services under applicable law. If you are over 13 years of age but under the age of majority in your respective jurisdiction, you hereby represent and warrant that your parent or legal guardian has read these Terms, and accepts them on your behalf. Parents and legal guardians are responsible for the acts of their minor children when using the Services, whether or not the parent or guardian has authorized such acts.

5. Disclosures Regarding Content and Telehealth Services.

  1. The content of the Site is provided for informational purposes only. Any advice or information provided through the content on the Site does not create a provider-patient relationship, is not an aid to making medical decisions, and is not marketed, promoted or otherwise intended to be used to diagnose any disease or other condition, or to cure, mitigate, treat, or prevent any disease. The content of the Site is not a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. RELIANCE ON ANY CONTENT PROVIDED ON THE SITE BY HERE NOW HEALTH, OTHERS APPEARING ON THE SITE AT THE INVITATION OF HERE NOW HEALTH, OR OTHER USERS OF THE SITE IS SOLELY AT YOUR OWN RISK.
  2. Here Now Healthcare, PC, Professionals are solely responsible for their provision of professional services rendered via Telehealth Services. You are expected to seek follow-up or emergency care as needed or recommended by a Professional, and you should continue to consult with your primary care provider and/or any other health care providers as needed or recommended. Additionally, unexpected events may disrupt our electronic communication with you, and we may not be able to contact you as quickly as we would like to due to uncontrollable circumstances. If you think you may have a medical emergency, call your doctor or 911 immediately. Moreover, please be aware that our Professionals tailor their response to your specific situation, taking into account the information you have shared. The Professionals who provide Telehealth Services to you may make recommendations and/or arrangements for follow-up care, as appropriate. While the Services are intended to provide benefits, such as convenient virtual access to Professionals and the Services they provide, there do exist potential risks associated with the use of the Services, as outlined herein and in the informed consent to treatment provisions you will be separately required to acknowledge.
  3. All Professionals performing Telehealth Services through the Site hold professional licenses that were issued by the applicable professional licensing board. You can report a complaint relating to any Services provided by a licensed Professional by contacting the professional licensing board, or by contacting Here Now Health directly. In a professional relationship, sexual intimacy is never appropriate and should be reported to the professional licensing board that licenses, registers or certifies the licensee. Any clinical records created as a result of your use of the Site and the Telehealth Services will be securely maintained by Here Now Health and/or its Service Providers on behalf of the Professional with whom you consult, for a period that is no less than the minimum number of years that such records are required to be maintained under applicable state and federal law.
  4. Here Now Health offers care provided by Professionals to Site users.  The terms “virtual care” or “telehealth” or “telemedicine” (“Telehealth Services”) generally refers to healthcare services that are provided to a patient in one location by a professional in a distant location facilitated through the use of some form of telecommunications technology, such as synchronous, interactive audio-video interface and/or asynchronous store-and-forward modalities. The information exchanged between our Professionals and you may be used for diagnosis, therapy, treatment, follow-up care, consultation, education, care management and/or self-management of your health care.
  5. As with any type of health care services, there are potential risks associated with the use of Telehealth Services, including the Telehealth Services provided through the Site:
  • Information available to the Professionals may not be sufficient to make a correct diagnosis or other professional decisions. For example, there could be limitations in the information transmitted to the Professional and access to your complete medical records, which could lead to incorrect assessments or other adverse reactions.  Also, information that can be obtained only by in-person, physical examination or by being physically present with the patient will not be available.  In some cases, the Professional may conclude that the information transmitted is not sufficient (e.g., poor resolution of images).
  • Telehealth Services rely on electronic communications and devices.  Any technical failure or power outage could therefore delay or disrupt such communications and hinder, delay or erase the ability of Here Now Health and/or the Professionals to assist you.  These limitations could result in incorrect assessment or diagnosis, which in turn could lead to care that is not helpful, or that could be harmful or cause other problems. Professionals performing Telehealth Services through the Site are aware of these limitations and take them into account in making professional decisions within the scope of their practice, but the risk of error nevertheless exists.
  • No electronic communication is entirely safe from intruders. Security protocols could fail, causing a breach of privacy of personal medical or mental health information. See our Privacy Policy.
  • In some cases, applicable laws may prevent Professionals from providing the Services you desire through the Site or App. When that is the case, the Professional will refer you to an appropriate provider who can provide the services you desire.
  • Since telehealth and other forms of virtual care remain relatively new approaches to care, risks not yet identified, possibly significant, could also exist.
  • You are under no obligation, of course, to obtain Telehealth Services. You may do so through conventional, in-person services instead of or in addition to these Services. Please feel free to provide feedback to Here Now Health should you become concerned that our Telehealth Services may be insufficient for your needs.

6. Feedback

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

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7. Payments

  1. Payment. You acknowledge and agree that you shall be personally responsible for all incurred expenses. Here Now Health will bill in-network insurance as a courtesy and, as applicable, prompt you for your payment details for the applicable cost of the Services (or certain portions thereof) based on the then current pricing structure of Here Now Health, which may be amended from time to time (the “Fee”) and you agree to pay such Fees, if any, directly to Here Now Health. All fees and applicable taxes, if any, are payable in United States dollars. When you make a Fee payment to Here Now Health (a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such Fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable. However, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Refunds may take five (5) business days or longer to process. ‍
  2. No Refunds. YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE SERVICES, ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. ‍
  3. Miscellaneous. We reserve the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms. Here Now Health may determine that the Services are not appropriate for some or all of your treatment needs, and, accordingly, may elect not to provide Services to you.

8. Text Messages.

  1. Authorization To Send You Text Messages. If you provide your cellular phone number to Here Now Health (either online or via text message), you specifically authorize Here Now Health to send push notifications, SMS or MMS text messages to your phone for purposes of receiving one-time passwords, alerts, notifications, and other messages related to the Services. Our Privacy Policy provides information describing our data processing practices with respect to these alerts and messages. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider. By agreeing to receive text messages from us, you acknowledge and understand that text messages are not encrypted and are thus not a secure method of communication.‍
  2. Opting Out of Text Messages. You can opt out of receiving push notifications, SMS or MMS text messages at any time by following the instructions in the text messages you have received from us (e.g., texting “STOP” to opt out) or following any other instructions given by Here Now Health for doing so. Note that your use of the Services may be subject to you providing a valid cellular phone number for purposes of receiving SMS or MMS text messages, and opting out of receiving all texts will impact your use of the Services.‍
  3. Changing Your Phone Number. If you change or deactivate the phone number you provided to Here Now Health, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive Here Now Health’s standard SMS messages unless you also unsubscribe via the above procedures.

9. General Prohibitions and Here Now Health’s Enforcement Rights.

You agree not to do any of the following:

  1. Post, upload, publish, submit, transmit, or otherwise make available anything (other than Feedback) through the Services (“User Content”) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  2. Use, display, mirror or frame the Services or any individual element within the Services, Here Now Health’s name, any Here Now Health trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Here Now Health’s express written consent;
  3. Access, tamper with, or use non-public areas of the Services, Here Now Health’s computer systems, or the technical delivery systems of Here Now Health’s providers;
  4. Attempt to probe, scan or test the vulnerability of any Here Now Health system or network or breach any security or authentication measures;
  5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Here Now Health or any of Here Now Health’s providers or any other third party (including another user) to protect the Services;
  6. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Here Now Health or other generally available third-party web browsers;
  7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  8. Use any meta tags or other hidden text or metadata utilizing a Here Now Health trademark, logo URL or product name without Here Now Health’s express written consent;
  9. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
  12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  14. Impersonate or misrepresent your affiliation with any person or entity;
  15. Violate any applicable law or regulation; or
  16. Encourage or enable any other individual to do any of the foregoing.

Here Now Health is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

10. Links to Third Party Websites or Resources.

The Services (including the App, if applicable) may allow you to access third-party websites or other resources. Additionally, the Services may integrate third-party applications, products, or services which may subsequently gain access to your data, including your personal information (“PI”) and/or protected health information (“PHI”). These third-party applications, products, and services are not affiliated with Here Now Health and, as such, may have different policies regarding the handling of PI and PHI. Your use of these third-party applications, products, and services is subject to the terms and conditions and privacy practices/policies maintained by such applications, products, and services. We make no representations or warranties with respect to third-party applications, products, or services, or how they operate, including operations involving the privacy, security, exchange, and transmission of your data. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.

We advise you to review the terms and conditions and policies/practices for all third-party applications, products, and services with which you engage. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites.  We make no representations or warranties with respect to the quality of third-party products. Any access, use, or purchase of the Third-Party Products will be solely at your own risk and Here Now Health disclaims all liability or obligation relating to such Third-Party Products.

11. Termination

We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at hello@herenow.health Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 7(a), 7(b) (only for payments due and owing to Here Now Health prior to the termination), 10, 12, 13, 14, 15, 16, 17 and 18.

12. Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. General advice posted to the Site or relayed through the Services is for informational purposes and is not intended to replace or substitute any medical service or specific professional advice, including those Here Now Health and its Professionals may provide to you as Telehealth Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

13. Indemnity

You will indemnify and hold Here Now Health and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

14. Limitation of Liability

  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HERE NOW HEALTH NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING THE TELEHEALTH SERVICES, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, PROFESSIONAL MALPRACTICE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HERE NOW HEALTH OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HERE NOW HEALTH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO HERE NOW HEALTH FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HERE NOW HEALTH, AS APPLICABLE.
  3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HERE NOW HEALTH AND YOU.

15. Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Here Now Health are not required to arbitrate will be the state and federal courts located in the State of Delaware, and you and Here Now Health each waive any objection to jurisdiction and venue in such courts.

16. Dispute Resolution

  1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Here Now Health agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Here Now Health are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.‍
  2. Exceptions. As limited exceptions to Section 17 (a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.‍
  3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.‍‍
  4. ‍Injunctive and Declaratory Relief. Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

17. General Terms

  1. Reservation of Rights. Here Now Health and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.‍
  2. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Here Now Health and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Here Now Health and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.‍
  3. Assignment. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Here Now Health’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Here Now Health may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.‍
  4. Notices. Any notices or other communications provided by Here Now Health under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Contact Information. If you have any questions about these Terms or the Services, please contact Here Now Health at hello@herenow.health.

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