NextCare App - Terms of Use

NextCare Terms of Use

Effective Date: May 25, 2022
Last Updated: May 25, 2022

IF YOU ARE EXPERIENCING AN EMERGENCY, CALL 911 OR YOUR HEALTHCARE PROVIDER. DO NOT RELY ON THIS APP FOR HELP IN AN EMERGENCY.

Welcome to the NextCare mobile application, NextCare Anywhere App (“App”)! This App is provided to you by NextCare Urgent Care and its affiliates and subsidiaries (“NextCare”). Your access and use of the App is governed by these Terms of Use (“Terms”).

Please read these Terms carefully, because they serve as an agreement between you (“you” or “User”) and NextCare. You must agree to these Terms and the App Privacy Policy to use the App. If you do not agree to these Terms, you cannot and should not use the App. By using or accessing the App, you agree to be bound by these Terms.

NextCare collects and processes a subset of personal information that is your protected health information, or “PHI.” PHI is subject to the Health Insurance Portability and Accountability Act (“HIPAA”). Information about how NextCare uses and discloses PHI is set forth in our Notice of Privacy Practices.

Overview

The App may be used by Users on behalf of “Patients.” A Patient is an individual who receives health care services from NextCare. In some cases, the User is a Patient; in some cases, the User is a friend or relative of a Patient that is involved in the care of a Patient.

The App can be used for multiple purposes. This includes learning more about NextCare services, locating a NextCare near you, receiving certain virtual care services, using the Patient Portal to access portions of your medical record, paying your NextCare bills, booking an appointment for in-person care, and communicating non-emergency questions to your care team.

Note that the records available for you to view through the App do not contain all of your health data. It may not contain updated information at the time you access it. If you need access to your medical records, or have questions about the accuracy or location of your records, please contact MedicalRecords@nextcare.com for assistance.

For some Users, the App may be used to receive certain virtual care services from a NextCare provider. Any telemedicine services you receive are subject to the consent to treatment that your virtual care services provider will discuss with you.

The App is not guaranteed to be error-free or uninterrupted. While the App seeks to be reliable, you should always feel free to communicate with your health care providers outside of the App.

Creating and Accessing an Account

If you are a User who is legally authorized to view a Patient’s account, you may be given access to the App for the Patient, subject to these Terms, as a “proxy.” Certain federal and state laws may prohibit sharing certain categories of sensitive information with anyone other than the Patient. Because of this, we may restrict a User’s access to the Patient’s sensitive information, and not make it available to you through NextCare, in accordance with applicable law.

Your Promises

You promise that:

You are at least 18 years old.
You are able to agree to contracts and be legally bound by them.
You live in the United States.
You will be responsible for Your use of the App.
You understand and agree that NextCare is not responsible to Users, and will not be liable to Users for any use or misuse of the App. You understand that you will protect NextCare, and will defend, indemnify and hold harmless NextCare and its employees and agents, against any claims by anyone related to your use, misuse, or failure to use the App.
You will keep your NextCare account information, including your user name and password or other credentials, secret, and not tell anyone what they are or let anyone else use them. If Your parent or guardian wants access to the App on Your behalf, they must obtain their own NextCare user name and password and use such NextCare credentials to access the App on Your behalf.
You will tell NextCare promptly if You believe Your NextCare user name or password or other credentials are no longer secret, and You will change Your password immediately to protect the privacy of Your information and the security of the App.
You understand that any communications over the internet can be intercepted by, or transmitted to, unintended third-parties.
You understand and agree that any links on the App to other websites or to products, services, or merchandise not controlled by NextCare are offered by third parties, and that NextCare does not control, endorse, or guarantee such information, products, services or merchandise. You are responsible for reviewing the terms and privacy policy for any websites and other applications and deciding whether to agree to them, and We encourage You to do so.
You agree that the App, or any component of the App will NOT be used:
In an illegal, inflammatory, defamatory, obscene, or hateful manner;

To promote violence, discrimination on the basis of race, religion, gender, nationality, disability, age, or similar characteristics; or to infringe or breach the rights of any third party;
To threaten, abuse, harass, embarrass, alarm, defraud, or annoy another person;
To transmit any computer code, including (without limitation) any virus, worm, Trojan, time-bomb, logger, spyware, ransomware, or other harmful program or code that is intended, designed, or anticipated to cause harm or disruption to computers or networks, or any unsolicited promotional or advertising materials or “spam”; or
In a manner otherwise contrary to the nature and purpose of the App to support health and health behaviors.

Educational Content

The App provides certain educational information, for example, through blogs written by our medical professionals. We also list the types of injuries or conditions we are able to treat in an urgent care setting. However, the educational content provided by and made available on the App is for general information purposes only and is in no way intended to be a substitute for medical consultation with a qualified professional.

NextCare strongly encourages internet users to be careful when relying on information found online. If you are unsure about your medical condition, consult a physician. Although NextCare carefully reviews NextCare content, NextCare cannot guarantee or take responsibility for the medical accuracy of the content NextCare provides, nor can NextCare accept any liability for the content of information that is available through the App.

Accuracy of the App

While NextCare attempts to keep the App updated, neither NextCare nor any employee or contractor warrants the accuracy, reliability, or timeliness of any information published on the App. NextCare makes no warranty regarding the accuracy, reliability or timeliness of such information or the App. Any person or entity that relies on any information obtained using this App or the App itself does so at his or her own risk.

Third Party Programs, Activities and Services

We do not endorse any programs, activities, or services offered by third parties. We make no warranty of any kind as to the accuracy, completeness or appropriateness of any such programs, activities and services.

Third Party Links

The App may include links to various third party websites. Third party links are provided only as a convenience to you, and we do not endorse or assume responsibility for these third party websites. Please read the terms and conditions and privacy policy of such third party websites carefully, and do not use such websites if you do not agree with them. You access third party links at your own risk.

LIMITATION OF LIABILITY

NEXTCARE HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, TRUSTEES, OWNERS AND CONTRACTORS (“NEXTCARE INDEMNITEES”), ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE NEXTCARE INDEMNITEES WILL NOT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LIABILITIES, LOSSES OR EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING FROM THE APP INCLUDING BUT NOT LIMITED TO COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWSOEVER ARISING INCLUDING THROUGH NEGLIGENCE, LOSS OF USE, LOSS OF DATA OR OTHER INFORMATION, LOSS OF INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE APP OR THE BREACH OF CONFIDENTIALITY OF DATA. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR DISCLAIMED, OUR LIABILITY IS LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED FIVE US DOLLARS ($5 USD).

Enforcement of Terms

If any of the provisions of these Terms are held to be unenforceable, the remaining provisions will be unimpaired, and the unenforceable provision will be automatically replaced by an enforceable term or provision that comes as close as possible to the intention underlying the unenforceable term or provision. These Terms are subject to and do not alter any other agreements You have entered into with NextCare.

NextCare has the right to determine whether there has been a violation of these Terms. If We determine the Terms have been violated, We have the right to determine the action that will be taken. The action to be taken may include (but not be limited to):

Immediate termination of Your right to use the App. The termination may be temporary or
Immediate removal of any content posted by You to the
Issuance of a warning or other communication to
Legal proceedings against You, including seeking of damages (including indemnity) recovering all costs and losses suffered as a result of Your violation of the
Other forms of legal proceedings against
Referral to law enforcement agencies for further

We will not be liable for any damages which You may suffer as a result of the foregoing actions.

IP, Copyright and Digital Millennium Copyright Notice

The content available on the App is subject to global copyright. Reproduction, processing, dissemination and use of any kind require written consent from NextCare. The App is also protected by various intellectual property rights. As between You and NextCare, NextCare or its licensors hold the copyright and all other intellectual property rights and interests in the App. You are granted a non-exclusive limited license to use the App as described in these Terms for personal, noncommercial purposes and any terms that were provided with the App. You are not permitted to use, reverse engineer or otherwise exploit the App beyond the grant of license.

NextCare respects the rights of all copyright holders. If You believe Your copyright has been infringed, You may notify NextCare in writing at:

NextCare Inc.

2550 N Thunderbird Circle Suite 303

Mesa, AZ 85215

To be effective, Your notice must include substantially the following, as provided for under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.

512(c)(3):

Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly

NextCare has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of Users that are repeat infringers.

Applicable Law

The App, excluding unaffiliated linked sites, is controlled by NextCare, which is located in the United States. By accessing the App, You agree that all matters relating to Your use of this App shall be governed by the statutes and laws of the State of Arizona, and the federal laws of the United States of America without regard to the conflicts of laws principles thereof.

If You are located outside the United States of America, You acknowledge and agree that Your data will be stored and processed in the United States, which may have privacy laws that are less protective than the laws of the country in which You are located.

By using the App, You consent to the processing of Your data in the United States for the purposes described in these Terms, the Privacy Policy, and any documentation regarding the App, and as permitted by law.

Changes to the Terms of Use

NextCare reserves the right to change these Terms at any time. We may revise these Terms if we add new features or services or if laws change. All changes will be effective immediately upon posting to the App. By accessing the App following the posting of changes, You agree to all such changes. Each update to the Terms will include the date of revision.