By participating in Remote Therapeutic Monitoring (RTM), you acknowledge and agree to these terms and conditions.
Last Revised: November 22, 2023
By participating in Remote Therapeutic Monitoring (RTM), you acknowledge and agree to these terms and conditions.
Flagler Health Terms of Use and Consent for Patients and Providers
Last updated: November 22, 2023
Flagler Health, Inc. ("Flagler," "Flagler Health") provides the remote therapeutic monitoring services ("RTM services") to improve care and service to its client Provider(s) ("Providers"), an individual or a third party who is authorized by a Provider to access and use the Services ("Designees"), and Providers’ Patient(s) ("Patients" or “You”).
The purpose of this form is to obtain your consent to participate in and/or receive text messages and phone calls from Flagler. The Provider is your provider of medical services. Your Provider is not employed, owned, or controlled by Flagler.
By registering with Flagler, You are allowing Flagler to send You text messages and call You. Flagler will collect and store information that You provide to Flagler.
You may periodically receive automated email/texts/phone calls, reminders, care suggestions ("Care Suggestions"), and wellness suggestions ("Wellness Suggestions") from Flagler on behalf of Providers and/or Designees. Communications may include text-message based chats, calls, and video meetings between Patients, Providers, and Designees. Check-in may also include specific assessments about Patients’ condition, i.e., range of motion and mobility. Check-In may also include surveys to Patients. Patients may provide text inputs, journal logs, photos (i.e. wound pictures), or videos to indicate conditions. The Providers and/or Designees may elect to receive a summary of Patients’ responses to monitor Patients’ conditions and/or recovery. Training Suggestions may include suggestions for Patients on physical therapy and physical training. Care Suggestions may include suggestions for Patients’ self- monitored care at home, i.e. wound, range of motion and mobility. Wellness Suggestions may include suggestions for Patients on self-monitored wellness care, i.e. diet, meditation and sleep. Patients may also receive marketing or promotional communications via email, in-app messages, and other media. Patients may opt out of communications by following the opt-out or unsubscribe functionality in the transmittal or contacting us at the contact listed below.
In some cases, quality of the information You provide to us (including photographs, texts, and other data you upload) may affect the quality of the Provider’s diagnosis, treatment, and/or advice that your Provider provides. Additionally, failures of equipment or technologies or scheduling issues may cause delays in Your evaluation or treatment. You understand the risks presented by the above issues, circumstances, and disadvantages and that You may opt out of the program at any time.
IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR NEED IMMEDIATE MEDICAL CARE, YOU SHOULD IMMEDIATELY CALL 911.
Do not rely on electronic communications or communications with Flagler for immediate, urgent medical needs. If you believe you have any other non-urgent or non-emergency issue, question, or concern regarding your health or a medical condition, you should promptly contact your Providers directly. Never delay or disregard medical or professional advice because of information you obtained from Flagler.
Patient's information may be shared with Third Parties including other Providers and/or Designees in order to facilitate the coordination of care, provision of benefits, or research on quality and cost of services. Flagler will input information received from Patient into the electronic health record (EHR). Flagler is not responsible and will not be held liable if Patient or Provider provides inaccurate or untruthful information. Patient and Provider understand that there may be errors in transmitting information to the EHR and it is the Provider’s responsibility to check the entries in the EHR and verify the information with the Patient. Patient is defined as the individual patient or the legal parent or guardian of the individual patient if the patient is under 18 years of age.
Flagler does not provide emergency medical or health services or advice. In the event of an emergency, immediately contact your providers, go to the emergency room of the nearest hospital, or call for emergency help (e.g., dial 911 where 911 service is available).
Flagler, its directors, officers, principals, employees, contractors and agents do not recommend or endorse any specific tests, Providers, products, procedures, opinions, or other information or content that may be contained in, linked to, or communicated from Flagler.
While Flagler has safeguards in place to protect digital medical records, in rare circumstances, security protocols could fail, causing a breach of patient privacy. Flagler is not responsible for loss of protected health information (“PHI”) or other data due to technical failures and other circumstances that are beyond our control, and we are not responsible for unauthorized access of PHI while in transmission to you or for safeguarding information once delivered to you.
Patients utilizing these services shall bear no personal financial liability for the costs incurred. All financial responsibilities pertaining to the Flagler RTM services, including but not limited to, billing and payment obligations, shall be the sole responsibility of the Provider. Flagler Health shall direct all billing inquiries and payment requests to the Provider.
You may withhold or cancel your consent to receiving RTM services at any time by terminating your user account or notifying your Provider and Flagler by text message. You understand that when you cancel your consent, it is effective only from the date of cancelation forward, and not retroactively. However, if you cancel your consent to communicating using technologies, your will not have the ability to receive RTM services through Flagler. Otherwise, your cancellation will not affect your right to future care or treatment.
Agreement and Consent
PATIENTS ASSUMES THE ROLE RISK OF PARTICIPATING IN RTM SERVICES FROM FLAGLER HEALTH. BY ACCEPTING THE TERMS OF USE, PATIENT AUTOMATICALLY CONSENTS TO ENROLL IN FLAGLER HEALTH’S REMOTE THERAPEUTIC MONITORING PROGRAM AS PART OF PATIENT’S LONG-TERM CARE AND AUTHORIZES THE TRANSMISSION AND ANALYSIS OF PATIENT’S PHI USING FLAGLER HEALTH’S APPLICATIONS. PATIENT MAY DISCONTINUE USING FLAGLER AT ANY TIME FOR ANY REASON.
THE FLAGLER HEALTH COMMUNICATIONS IS PROVIDED 'AS IS' AND 'AS AVAILABLE' AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE FROM FLAGLER HEALTH.
WITHOUT LIMITING THE FOREGOING, FLAGLER HEALTH, ITS OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, CONTRACTORS OR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT AND LINKS, COMMUNICATIONS OR INFORMATION PROVIDED ON OR THROUGH THE USE OF FLAGLER HEALTH SERVICES;
THE COMPLIANCE WITH ANY GOVERNMENT LAWS OR REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON THERAPIES, DEVICES, PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY INFORMATION OR TOOLS CONTAINED IN OR ACCESSIBLE THROUGH THE FLAGLER HEALTH SERVICES;
THE PRIVACY OR SECURITY OF ANY PERSON OR SITE WHICH MAY HAVE ACCESS TO PHI THROUGH THE FLAGLER HEALTH SERVICES; OR ANY MEDICAL OR OTHER TREATMENT, ACTION OR PROTOCOL, ANY MEDICINE OR MEDICAL DEVICE; ANY SUPPLEMENTS OR OTHER SUBSTANCES, WHETHER INGESTED OR OTHERWISE USED OR APPLIED; OR ANY TREATMENTS DISCUSSED OR REFERRED TO IN THE FLAGLER HEALTH SERVICES.
IN NO EVENT SHALL FLAGLER HEALTH, ITS OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, OR DAMAGES) RESULTING FROM THE USE OF FUNCTIONS, COMMUNICATIONS OR INFORMATION RECEIVED OR AVAILABLE FROM THE FLAGLER HEALTH SERVICES, ANY LINKED INFORMATION OR THE CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLAGLER HEALTH, AND ITS DIRECTORS, OFFICERS, PRINCIPALS, EMPLOYEES, CONTRACTORS OR AGENTS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Last Revised: March 18, 2023
The following terms govern your use of www.flaglerhealth.io (the “Website”) maintained by Flagler Health, Inc. (“Flagler”, “we”, or “us”). By accessing and using this Website, you are agreeing to these Terms of Use and our Privacy Statement. If you do not agree to these Terms of Use, you may not use this Website.
If you are a user of the recommendation tool, your use of the platform is also subject to the requirements described in your healthcare entity’s agreement with Flagler.
You may use this Website only if you are 18 years or older and solely for your own personal, non-commercial use. Your use of this Website must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in this Website or any Content.
You may not use this Website for any purpose that is unlawful or prohibited by these Terms of Use or (if applicable) the agreement between the healthcare entity through which you received access to the Website and Flagler. You may not use this Website in any manner that could damage, disable, overburden, or impair our servers, or the networks connected to our servers, or interfere with any other party's use and enjoyment of our Website and Content. You may not attempt to gain unauthorized access of this Website, other accounts, computer systems or networks connected to our servers or to any of the Content, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website.
Flagler and its licensors retain all ownership rights in this Website (including all Content). All trademarks, service marks and trade names are owned by Flagler or other respective owners.
The entire content of this Website, including text, design, software, photography, video, graphics, sound and information (collectively, the “Content”) and the selection, coordination, arrangement, and enhancement thereof and this Website, are protected under the copyright laws of the United States, international treaties and other intellectual property laws.
This Website may contain or reference patents, technologies, products, or other proprietary rights of Flagler its third party vendors and other third parties. Nothing on this Website should be construed as conferring by implication, estoppel or otherwise any license or right under any trademarks, copyrights, patents, technologies, products, or other proprietary rights of Flagler, any of its third party vendors or other third parties.
USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION ON OUR WEBSITE IS PROVIDED “AS IS” AND FLAGLER MAKES NO REPRESENTATIONS OR WARRANTY THAT THE INFORMATION HEREIN WILL BE UP-TO-DATE OR ERROR-FREE. FLAGLER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS AND RELATED GRAPHICS ON THE WEBSITE FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, ANY MEDICAL, MEDICAL TESTING, HEALTH, OR FITNESS PURPOSE.
FLAGLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL FLAGLER BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHER ACTION, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION, OR PROVISION OF/FAILURE TO PROVIDE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
We make no representation that this Website is appropriate, or is available for use outside the United States. If you access and use this Website from outside the United States, you do so at your own risk, and are responsible for compliance with applicable laws.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FLAGLER NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, NOR AGENTS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR CONTENT OR ANY WEBSITE OR CONTENT LINKED FROM THIS WEBSITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold the Flagler, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, demands, costs or expenses including, without limitation, reasonable attorney's fees, made by any third party due to or arising out of your use of the Website in violation of these Terms of Use or arising from a breach of these Terms of Use.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of this Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use this Website.
This Website may contain links to other sites on the Internet that are owned and operated by third parties. Such links are provided solely for your convenience as pointers to information that may be useful to you. We are not responsible for the Content, advertising, products, services or other materials made available on or through any linked site or for your use of them. Linked sites are likely to have their own terms of use, and you are responsible for reading them to ensure your own compliance. We are not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with a linked site.
We do not endorse and are not responsible for the information and security practices or privacy policies of web sites operated by others that may be linked to or from this Website. No web sites that link to this Website may frame or otherwise incorporate the Content on this Website.
While we appreciate hearing from Website visitors, we cannot accept or consider unsolicited creative ideas, suggestions, inventions or other materials. If you submit any such information to us, Flagler will not be subject to any obligation of confidentiality and Flagler shall be free to use, publish, or reproduce such information for any purpose (including but not limited to research and development, manufacture, or sale of products/services incorporating such information. Your voluntary submission is your representation that you own or otherwise control all of the rights to what you submit, including, without limitation, all copyrights and trademarks, and that your submission does not infringe, misappropriate or violate any third party’s copyright, trademark, patent, trade secret, proprietary or other right.