This agreement is entered into by and between Hoy Health, LLC (“Hoy Health”), the owner/operator of this website www.hoydoc.com (the “Website”), and the individual who has registered on, and uses the Website (“User”). This document contains the terms and conditions of the use of the Website, any software or mobile apps utilized for the provision of products or services by Hoy Health, and the services offered by Hoy Health via the Website. By registering on the Website, User thereby agrees to the terms and conditions contained in this agreement. If User is unwilling or unable to comply with all of the terms and conditions in this agreement, User must immediately discontinue to the use of the Website and the services offered by Hoy Health.
a. User understands and agrees that the products or services offered by Hoy Health via the Website is NOT INSURANCE, nor a plan or product requiring a periodic payment for the ability to use the services. Each use of a product or service is a separate and complete transaction.
b. User further understands and agrees that Hoy Heath is not a provider of medical services, but a service that only arranges for the provision of telemedicine services between a medical professional and User. The medical advice and prescribing of medications rendered to User is solely between the medical professional and User. User also understands and agrees that Hoy Health may engage third parties to deliver products, including prescription medications, to User.
c. User also understands and agrees that THIS SERVICE IS NOT FOR MEDICAL EMERGENCIES. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO AN EMERGENCY MEDICAL FACILITY.
2. Products and Services Offered.
a. Hoy Health offers a service known as HoyDOC+. HoyDOC+ is a telemedicine service that arranges for participating medical professionals to communicate with patients via the Internet using third-party video conferencing services (each session a “Consult”). HoyDOC+ also includes, at no additional charge, a one month supply of a single medication from a selection of over 600 prescription drugs, when prescribed by the medical professional during the Consult.
b. Hoy Health charges a flat fee for each Consult which is paid by User when scheduling the Consult. There are no other charges by Hoy Health.
c. Each Consult purchased must be used within thirty (30) days of purchase. No refund or reduction of the fee paid will be made for any reason, including if the Consult does not result in the prescribing of medication.
d. You must be at least 18 years of age to use the Website without the consent of a parent or legal guardian. If the service is being requested by a parent or legal guardian of a minor, the parent or legal guardian is agreeing to and binding the minor to the terms of this agreement on the minor’s behalf.
e. Services are not available in all states.
3. Use and Privacy of Personal Information.
4. Intellectual Property. The Website is the proprietary property of Hoy Health and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Hoy Health or licensed to Hoy Health, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. User is granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which User has properly gained access solely for User’s personal, non-commercial use. Hoy Health reserves all rights not expressly granted to User in and to the Website, the Content, and the Marks.
5. Prohibited Activities. User may not access or use the Website for any purpose other than that for which Hoy Health makes the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Hoy Health. As a user of the Website, User agrees not to:
a. Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Hoy Health;
b. Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
c. Use the Website to advertise or offer to sell goods and services;
d. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein;
e. Engage in unauthorized framing of or linking to the Website;
f. Trick, defraud, or mislead Hoy Health and other users, especially in any attempt to learn sensitive account information such as user passwords;
g. Engage in any automated use of the Website or the computer system hosting the Website, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
h. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website;
i. Attempt to impersonate another user or person or use the username of another user;
j. Sell or otherwise transfer User profile;
k. Use the Website as part of any effort to compete with Hoy Health or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise;
l. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
m. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
n. Harass, annoy, intimidate, or threaten any of Hoy Health’s employees or agents engaged in providing any portion of the Website to User;
o. Delete the copyright or other proprietary rights notice from any Content;
q. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website;
r. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
s. Disparage, tarnish, or otherwise harm, in Hoy Health’s opinion, Hoy Health and/or the Website; or
t. Use the Website in a manner inconsistent with any applicable laws or regulations.
6. Disclaimer of Warranties and Limitations of Liability.
a. THIS WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. USER AGREES THAT USER’S USE OF THIS SITE AND THE SERVICES OFFERED BY HOY HEALTH WILL BE AT USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HOY HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEBSITE AND USER’S USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HOY HEALTH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND HOY HEALTH WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND USE OF THIS WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF HOY HEALTH’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. HOY HEALTH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HOY HEALTH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
b. USER FURTHER accepts FULL responsibility for HIM OR HERSELF In the use of this WEBSITE AND the Services OFFERED BY HOY HEALTH. USER acknowledges that (i), WITH RESPECT TO ANY HEALTH CARE SERVICES RECEIVED, USER MAINTAINS A relationship SOLELY WITH USER’S MEDICAL PROFESSIONAL solely at USER’S own risk AND assumeS full responsibility for all risk associated therewith, to the extent permitted by law; (ii) HOY HEALTH DOES not WARRANT the VALIDITY OR APPLICABILITY OF credentials of MEDICAL PROFESSIONALS RENDERING TREATMENT TO USER OR that SUCH MEDICAL PROFESSIONALS are in good standing with their respective licensure boardS; AND (III) By using the ServiceS OFFERED BY HOY HEALTH, USER agreeS to not hold HOY HEALTH liable in any way for any malpractice or substandard treatment the MEDICAL PROFESSIONAL may render.
c. IN NO EVENT WILL HOY HEALTH OR HOY HEALTH’S DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM USER’S USE OF THE SITE OR THE SERVICES OFFERED BY HOY HEALTH VIA THE WEBSITE, EVEN IF HOY HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnification. User agrees to defend, indemnify, and hold Hoy Health harmless, including Hoy Health’s subsidiaries, affiliates, and all of Hoy Health’s respective officers, agents, partners, vendors, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) use of the Website; (ii) breach of these Terms and Conditions; (iii) any breach of User’s representations and warranties set forth in these Terms and Conditions; (iv) User’s violation of the rights of a third party, including but not limited to intellectual property rights; or (v) any overt harmful act toward any other user of the Website with whom User connected via the Website. Notwithstanding the foregoing, Hoy Health reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which User is required to indemnify Hoy Health, and User agrees to cooperate, at User’s expense, with Hoy Health’s defense of such claims. Hoy Health will use reasonable efforts to notify User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
8. Dispute Resolution.
a. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a "Dispute" and collectively, the “Disputes”) brought by either User or Hoy Health (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
b. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. USER UNDERSTANDS THAT WITHOUT THIS PROVISION, USER WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
c. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.
d. These Terms and Conditions, and User’s use of the Website and the services offered by Hoy Health via the Website, are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.
9. General Provisions.
a. These Terms and Conditions and any policies or operating rules posted by Hoy Health on the Website constitute the entire agreement and understanding between User and Hoy Health. Hoy Health’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
b. These Terms and Conditions operate to the fullest extent permissible by law. Hoy Health may assign any or all of its rights and obligations to others at any time. Hoy Health shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Hoy Health’s reasonable control.
c. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
d. There is no joint venture, partnership, employment, or agency relationship created between User and Hoy Health as a result of these Terms and Conditions or use of the Website. User agrees that these Terms and Conditions will not be construed against Hoy Health by virtue of having drafted them.
e. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
f. Hoy Health reserves the right to immediately terminate User’s access to the Website and/or the services offered by Hoy Health via the Website, at any time, with or without cause.
10. Contact Us. To resolve a complaint regarding the Website or the services offered by Hoy Health via the Website, or to receive further information regarding use of the Website, please contact Hoy Health at:
Effective Date: February 20, 2018
Information We Collect and How We Use It
Information You Provide
HOY may collect any content, record, or electronic communication of any kind that you send or provide to us. If you submit a form to contact us or otherwise sign up for our newsletter we will use the email and other information you provide to provide you with the services and information that you request. We do not sell, rent or loan your information, except as otherwise expressly set forth below. However, we will share you information as set forth below.
If you sign up to receive our newsletter, or otherwise opt in to receive marketing from us, HOY may use your email address and other information collected through this Website to send you promotional communications that we believe may be of interest to you.
To Opt-Out Of Future Communications
You have the opportunity to opt-out of receiving such promotional communications from us at any time. You may opt out of receiving such communications, or request to be removed from our newsletter list, by following the instructions in the emails that you receive.
HOY may log IP addresses for system administration and security purposes. IP addresses will not be used to track a user's session. This information helps us determine how often different areas of the Website are visited as well as any potential security threats. HOY does not link IP addresses to any information that is personally identifiable.
Like many websites, our Website uses Google Analytics to collect information about your use of our Website. This information consists of information that your web browser automatically sends to Google, such as the web address of the page that you visit. Google may also set cookies or read preexisting cookies. This information is stored on Google´s servers. Google uses this information to provide us with reports about traffic to our Website and your visit to our Website (such as the domain from which you access the Internet, the web address of the website from which you linked to our Website, the time and date of your visit the web pages that you view and click through). We will use this data to improve our Website structure and content.
In addition, by choosing to use any third party social media platform or choosing to share content or communications with any social media platform, you allow us to share information with the designated social media platform. HOY cannot control any policies or terms of such third party platform. As a result, we cannot be responsible for any use of your information or content by a third party platform, which you use at your own risk.
How We Share Your Information
We may share information about you with third parties as follows:
Access by Children
The Website is not directed toward children under 13 years of age and HOY does not knowingly collect or use information from children under 13 through the Website.
We assume our website is used by adults or minors supervised by a parent or guardian. We respect the privacy of parents and children and are committed to complying with the Children's Online Privacy Protection Act ("COPPA"). On those areas of our Site that ask for age, we do not collect personal information from individuals who identify themselves as under the age of 13 except in those limited circumstances where we believe that such collection is permitted under COPPA.
We may ask prospective users to provide their age during the registration process and on other areas of our Site. If a user indicates that he or she is under the age of 18 then all personal data collected during the registration process is automatically deleted except that we may retain and use limited information, such as the child's email address, for a limited period of time, in those cases where we believe that the collection and use of such information is permitted under COPPA.
If a parent believes that his or her child has provided us with personal information, he or she can contact us via email or postal mail as listed below. We will promptly delete the information upon learning that it relates to a child under the age of 13.
We believe that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from otherwise disclosing online their name, address and other personal information without parental permission.
Do Not Track
We may automatically collect cookies and other non-personally identifying information when you visit this Website. Due to this automatic collection, we do not currently honor "do not track" signals.
We work hard to protect HOY and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. We maintain industry standard security measures to protect sensitive data. We limit access to personally identifiable information about you to our employees and third-party agents, who we reasonably believe need to have access to your information to provide you with the information or services you request from HOY. The Website has security measures in place to help protect against the loss, misuse and alteration of the information under our control. While we cannot guarantee that loss, misuse or alteration to data will not occur, HOY uses industry standards, such as Secure Socket Layers ("SSL") technology, to help safeguard against such occurrences. We also conduct periodic security audits of the Website. In certain areas, the information passed between your browser and our system is encrypted with SSL technology to create a protected connection between you and our Website to ensure confidentiality. In the event that a breach in our security systems occurs and there is a possibility that an unauthorized person acquires your personal information, HOY will notify you of such a breach to the extent required under applicable law.
Access to Your Personal Information
If you wish to have access to your personal information in our records, please contact us with your request by email or mail through the contact information listed below. You may also request that we update your personal information or correct any factual errors that you believe may exist regarding this information by contacting us through the contact information listed below.
The Website may link to, or be linked to, other websites not maintained by or related to HOY, such as plan sponsors, participating pharmacies, other business partners or organizations providing further educational information. HOY is not responsible for the privacy policies or practices of any third parties or third-party websites, including any linked or linking websites. To the extent that you disclose personally identifiable information to any such third parties, different rules may apply to their use and disclosure of personal information that you disclose to them. We encourage you to review the privacy policies of such websites before disclosing your personal information to them.
Via Mail at:
45 S Park Place #228
Morristown NJ 07960 Attention: Compliance Department
Via E-Mail at: firstname.lastname@example.org
A Customer Care Representative will take note of your question or concern and forward it promptly to the appropriate party.
HoyHealth, LLC (“Hoy”) has published on our website our Notice of Privacy Practices that provides information about how we may use or disclose protected health information. The Notice contains a patient’s rights section describing your rights under the law. You ascertain that by clicking Accept that you have reviewed our notice before agreeing to the terms of this Consent and Authorization Form. The terms of the Consent and Authorization Form may change, if so, you will be notified at your next visit to update your affirmation.
You have the right to restrict how your protected health information is used and disclosed for treatment, payment or healthcare operations. We are not required to agree with this restriction, but if we do, we shall honor this agreement. The HIPAA (Health Insurance Portability and Accountability Act of 1996) law allows for the use of the information for treatment, payment, or healthcare operations.
By clicking Accept, you consent to our use and disclosure of your protected healthcare information and potentially anonymous usage in a publication and marketing purposes. You have the right to revoke this consent in writing, signed by you. However, such a revocation will not be retroactive.
By clicking Accept, I understand that: