1. Changes to Terms and Site
2. Your Use of the Site
- Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- Use the Site to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Tebra or users of the Site, or expose them to liability.
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so.
- Accumulate or index, directly or indirectly, any content or portion of the Site for any purpose whatsoever.
- Data-mining, scraping, crawling, or using any robot, other automatic device, script, technology or processes that send automated queries to the Site, or from using other similar methods and tools to monitor, gather, extract or copy data, Content, or other information from the Site.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any content or enforce limitations on use of the Site or the content thereon.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
3. Copyright & Trademarks
All content provided on the Site is the copyright of Tebra or its content suppliers. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Tebra and is protected by U.S. and international copyright laws. All software used on the Site is the property of Tebra or its software suppliers and is protected by U.S. and international copyright laws. We give you permission to use the Site content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Site. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, modify, display, reproduce, distribute, republish, prepare derivative works of, sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly provided herein, neither Tebra nor its content suppliers grant you any express or implied rights, and all rights in the Site not expressly granted by Tebra to you are retained by Tebra.
The Tebra, Kareo, Inc., and PatientPop, Inc. names and logos are trademarks or registered trademarks of Tebra (collectively, the “Tebra Trademarks”). You may not use our trademarks in connection with any product or service that is not the property of Tebra, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tebra or its affiliates.
4. User Content You Post or Provide
You represent that you have all right, title, and interest to materials you post on the Site or provide to Tebra (“User Content”), including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the User Content, and that posting such User Content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to Tebra’s designated Copyright Agent. See the Claims of Copyright Infringement instructions below.
You acknowledge that Tebra has no control over, and no duty to take any action regarding what content you access, what effect that content may have on you, how you may interpret or use that content, or what actions you may take as a result of having been exposed to that content. You agree that you must evaluate, and bear all risks associated with, the use of any content on the Site, including any reliance on the accuracy, completeness, or usefulness of such content. You release us from all liability for your use of or inability to use the Site. We and our licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns make no representations or warranties regarding suggestions or recommendations of services listed on the Site, and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Site.
THE SITE AND ALL CONTENT THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TEBRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO THE OPERATION OF THE SITE OR THE CONTENT, THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TEBRA DOES NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT (INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, INSURANCE COVERAGE OR BENEFIT INFORMATION). IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT.
6. No Medical Advice
We do not provide medical advice, provide medical or diagnostic services, or prescribe medication, through the Site or otherwise. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you read on the Site.
NOTHING STATED, POSTED, OR AVAILABLE THROUGH THE SITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, DENTISTRY, NURSING, PHARMACY, OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE. YOUR USE OF THE SITE OR CONTENT THEREON IS NOT A SUBSTITUTE OR REPLACEMENT FOR THE PROFESSIONAL JUDGMENT OF HEALTH CARE PROVIDERS IN PROVIDING MEDICAL ADVICE, DIAGNOSES, OR TREATMENT. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SITE OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SITE OR THROUGH ANY OTHER COMMUNICATIONS FROM TEBRA INCLUDING, WITHOUT LIMITATION, TEBRA SOCIAL CHANNELS, EMAILS OR TEXT MESSAGE LINKS TO OTHER SITES, OR ANY ASSISTANCE WE MAY PROVIDE TO HELP YOU FIND AN APPROPRIATE HEALTHCARE PROVIDER IN ANY FIELD. RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE, WHETHER BY TEBRA OR ANY OTHER PARTY, IS SOLELY AT YOUR OWN RISK. IF YOU THINK YOU MAY HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, CALL A HEALTHCARE PROFESSIONAL OR 911 IMMEDIATELY.
a. Informational Purposes Only
The information that you obtain or receive from Tebra, our employees, contractors, partners, advertisers, licensors, or otherwise through the Site, is for informational and scheduling purposes only. Tebra does not recommend or endorse any specific procedures, products, tests, opinions, or other information that may be mentioned on the Site. All medically related information, including, without limitation, information shared via Tebra social channels, emails, text messages, and advertising, is for informational and communicative purposes only.
We may, but have no obligation to, publish content through the Site that is reviewed by our editorial personnel. No party (including Tebra) involved in the preparation or publication of such works guarantees that the content is timely, accurate or complete, and they will not be responsible or liable for any errors or omissions in, or for the results obtained from the use of, such content.
b. Information Provided on the Consumer Marketplace
- Practice Information. Our Consumer Marketplace contains information related to healthcare providers and their practices (“Practice Information”). Practice Information is intended for general reference purposes only. Practice Information may be provided by the healthcare provider and/or office staff of the practice and may be collected from multiple other data sources that may not be confirmed by the healthcare provider. While we make efforts to confirm Practice Information and keep it up to date, it can change frequently and may become out of date, incomplete or inaccurate at any time. Tebra does not provide any advice or certification regarding the qualifications of any particular healthcare provider. We have no control over, and cannot guarantee the availability of, any healthcare provider at any particular time. We will not be liable for canceled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Site whatsoever.
- Insurance Information. Based on information you enter when using the search function in our Consumer Marketplace, your search results may contain information related to insurance, including insurance carrier, plan, coverage and benefit information. Such insurance information is intended for general reference purposes and for your convenience only. Insurance information may be provided based on information you provide to us, such as your insurance carrier and plan. Insurance information can change frequently and may become out of date, incomplete or inaccurate and we are not responsible for any inaccurate, incomplete, or outdated insurance information.
- Healthcare Services. Our Site may contain content related to healthcare or medical services, procedures, or products, including third-party advertisements. Such services, procedures, or products are not applicable to all individuals, patients, or clinical situations. Any services, procedures, or products represented through the Site by advertisers, sponsors, and other participants of the Site, either paid or unpaid, are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.
c. Medical Information
When using the Site, you may choose to provide certain medical information, including when requesting an appointment and providing a reason for your visit on behalf of yourself or a third party from whom you have authorization to provide such information. By entering this information, you authorize Tebra to provide such information to your chosen healthcare provider.
7. Additional Terms for the Consumer Marketplace
In connection with using the Consumer Marketplace to search for and schedule appointments with healthcare providers, you understand that:
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HEALTHCARE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.
Tebra’s lists of healthcare providers are not exhaustive and there may be other healthcare providers who meet your search criteria but are not available through Tebra. All healthcare providers listed on the Consumer Marketplace have entered into contracts with us and have Tebra accounts in good standing (“Tebra Customers”). Tebra Customers choose whether to participate in the Customer Marketplace and what appointment availability, if any, to advertise on their Tebra profiles. This means that regardless of whether they participate in scheduling services, Tebra Customers may have additional availability beyond what is listed in the Consumer Marketplace if you contact them directly.
By making the Consumer Marketplace available, Tebra does not refer, recommend, or endorse any Tebra Customers or make any representations or warranties with respect to these Tebra Customers or the quality of the services they may provide. Tebra is not responsible for ensuring that information a Tebra Customer provides in the Consumer Marketplace is accurate or up-to-date or for ensuring Tebra Customers’ services are actually provided or are up to a certain standard of quality. We do not receive any additional fees from Tebra Customers for featuring them (i.e., higher or better placement on lists) through the Consumer Marketplace. Tebra Customers are not our employees and we do not control the actions of any Tebra Customers.
8. Third-Party Material
While using the Site, you may encounter content of third parties or links to third-party websites, which are provided for your convenience only. We do not endorse such third-party websites or the products and services they provide, and the inclusion of such content or links does not imply any association or relationship between Tebra and such third party. We have no control over such sites and resources and are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that Tebra will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Site are between you and the third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Third-party content, including reviews and ratings from third-party users, do not necessarily reflect the views of Tebra.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEBRA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTH CARE PROVIDERS UTILIZED THROUGH USE OF THE SITE, OR ANY MATTER BEYOND OUR REASONABLE CONTROL (EVEN IF TEBRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OF OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
11. Reservation of Rights
12. Governing Law and Arbitration
While we hope that we can work through any disagreements you might have with Tebra, if a dispute needs to be further resolved, such resolution must be sought in accordance with this Section 12. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, AS IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
a. Governing Law
b. General Arbitration Process
Notwithstanding Section 12(b), Tebra may bring an action to enforce its intellectual property or other proprietary rights in any court of competent jurisdiction.
d. Equitable Relief
e. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS
EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL PARTY BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION AND REPRESENTATIVE ACTION WAIVER PROVISION IS HELD TO BE UNENFORCEABLE, THEN SECTION 12(b) SHALL ALSO BE UNENFORCEABLE.
f. Disputes Between Users
If there is a dispute between users of this Site, or between users and any third party (including but not limited to healthcare providers), you agree that Tebra is under no obligation to become involved. In the event that you have a dispute with one or more other users or healthcare providers, you release Tebra, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Site.
13. Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification in compliance with our Copyright & DMCA Policy.
a. Entire Agreement; Waiver
You may provide us with feedback, comments, or suggestions about the Site (“Feedback”) by emailing us, on our social media accounts, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. If you provide us with Feedback, then we may use such information without obligation to you.
e. Beta Features
If you access or are invited to access any beta features on the Site (“Beta Features”), you acknowledge that: (a) Beta Features have not been made commercially available by Tebra; (b) Beta Features may not operate properly, be in final form, or be fully functional; (c) Beta Features may contain errors, design flaws, or other problems; (d) it may not be possible to make Beta Features fully functional; (e) use of Beta Features may result in unexpected results, corruption or loss of data, or other unpredictable damage or loss; (f) Beta Features may change and may not become generally available; and (g) Tebra is not obligated in any way to continue to provide or maintain Beta Features. Beta Features are provided AS IS, with all faults, and you assume all risk arising from use of Beta Features, including, without limitation, the risk of damage to your computer system or the corruption or loss of data.
f. Consent to Electronic Communications
When using our Site, including the scheduling feature, you may be prompted to provide a cell phone number and email address. By voluntarily providing your cell phone number or email address to Tebra, you agree that Tebra may contact you by telephone, SMS or MMS message, or email to send you appointment confirmations, reminders, or information that we think may be of interest to you at that phone number or email address.
You hereby consent to receiving such communications for transactional, operational, or informational purposes. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider. You can opt out of receiving text messages at any time by following the given instructions for doing so. Note that opting out of receiving all texts may impact your use of the Site.
Last Updated: December 23, 2022