Terms & Conditions

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StratoScientific Terms & Conditions

IF THIS IS A MEDICAL EMERGENCY OR CRISIS SITUATION, DIAL 911 IMMEDIATELY FOR ASSISTANCE.

 CAREFULLY READ THE TERMS AND CONDITIONS OF THIS USE AGREEMENT BEFORE CLICKING THAT YOU AGREE. CLICKING “I AGREE” INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS USE AGREEMENT, PROMPTLY CLOSE THIS PAGE / SITE AND DO NOT PROCEED WITH USE OF OR SUBSCRIPTION TO THE SPOTCHECKUP TELEMEDICINE MEMBERSHIP RESELLER PROGRAM (“SERVICE”). NOTWITHSTANDING THE FOREGOING, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS USE AGREEMENT WHEN YOU DO ANY OF THE FOLLOWING: (1) ACCEPT THE TERMS AND CONDITIONS OF THE USE AGREEMENT THROUGH ANY PRINTED, ORAL, OR ELECTRONIC STATEMENT, INCLUDING ON THE WEB BY ELECTRONICALLY MARKING THAT YOU HAVE REVIEWED AND ACCEPTED; (2) ATTEMPT TO OR IN ANY WAY USE OR SUBSCRIBE TO THE SPOTCHECKUP  SERVICE; (3) PAY FOR THE SPOTCHECKUP  SERVICE TO SPOTCHECKUP (WHETHER YOU PAY DIRECTLY OR SOMEONE ELSE PAYS ON YOUR BEHALF); OR (4) OPEN ANY PACKAGE OR START ANY PROGRAM THAT SAYS YOU ARE ACCEPTING THE TERMS AND CONDITIONS OF THIS USE AGREEMENT BY DOING SO.

TERMS OF USE

The terms of use of the StratoScientific (Steth IO and SPOTCHECKUP)  as well as any subscription or other service agreement with Steth IO and SPOTCHECKUP  automatically includes but is not limited to the most recent updated terms and conditions of this Use Agreement regardless of when you first used or subscribed to the SPOTCHECKUP Service.  has the right to change the terms and conditions of this Use Agreement at any time without notice to you. You may always view the most recent updated terms and conditions at https://spotcheckup.com/

Carefully read all parts of this Use Agreement including the MANDATORY ARBITRATION provision and CLASS ACTION WAIVER provision below.

You acknowledge and understand that (1) you are using or subscribing to the SPOTCHECKUP Service to facilitate the delivery of virtual health care services (including, as applicable, mental or behavioral health services) from a national telehealth medical provider (The Complete Virtual Health Platform | CareClix ) and that such services are provided at the sole discretion and medical judgment of the Providers; SPOTCHECKUP is a reseller of telemedicine services contracted with a national telehealth medical provider, (2) accessing the Providers from a state other than the service line you have requested or subscribed to is prohibited and you confirm that you are physically located in the state in which you are requesting the Providers service; (3) the Providers may not be reimbursable by Medicare, Medicaid, Tricare, or any other government health care program and you agree not to use the Providers for any services that are or might be reimbursable by such programs; (4) the Providers  may not be reimbursable by commercial insurers, managed care organizations, preferred provider organizations, or other payors and you will not seek reimbursement from any such payors for the cost of use of the Providers where prohibited or otherwise not permitted by the payors; (5) you are at least 18 years of age or you are accompanied by a parent or guardian who can give informed consent on your behalf if you are under the age of 18 at the time of the consultation; and (6) if you are seeking services on behalf of a child, dependent, or other person for whose medical care you are responsible, your approval of the terms and conditions of this Use Agreement will bind such other person to these terms and conditions.​

PRIVACY AND SECURITY; DISCLOSURE

SPOTCHECKUP’s Notice of Privacy Practices may be viewed at https://spotcheckup.com/

Terms and conditions are subject to change. Please contact info@stethio.com if you have

further questions about the affiliation agreement between both parties,  and the SPOTCHECKUP

Providers.

Provider’s Notice of Privacy Practices describing how medical information about you may be used and disclosed and how you can get access to this information may be viewed at your Provider’s website. Provider reserves the right to modify its Notice of Privacy Practices in its reasonable discretion from time to time. The Notice of Privacy Practices and any other Provider privacy policies, including any amendments thereto, are incorporated into this Use Agreement in their entirety. Notwithstanding, you acknowledge and agree that information may be released without your consent in cases of medical emergency, abuse, neglect, court order, insurance billing claims requirements, adult and program evaluation, and where otherwise legally required.

If you become a free or paying customer of the SPOTCHECKUP Service, you agree that SPOTCHECKUP can disclose the fact that you are a free or paying customer of the SPOTCHECKUP Service. Providers may also use your personal information to contact you with newsletters, marketing, or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from Providers by following the unsubscribe link.

Because the Provider is a hosted, online application, they occasionally may need to notify all users of the Provider (whether or not they have opted out of email communications) of important announcements regarding the operation of the Provider. Additionally, you acknowledge and agree that Provider may share your personal health information on a limited basis with developers and related information technology personnel authorized by Provider to monitor the performance of, or to improve, the Provider including, but not limited to, Provider’s mobile application. If you do not wish for your personal health information to be shared for this limited purpose or file a complaint, please immediately notify Provider in writing.

COOKIES POLICY

When you use or access the SPOTCHECKUP portal (https://spotcheckup.com/), SPOTCHECKUP may place cookies in your web browser. Cookies are small pieces of text sent by your web browser by a website you visit. Cookies can be “persistent” or “session” cookies. R SPOTCHECKUP uses both types of cookies for purposes such as: to enable certain functions of the Provider; to provide analytics; and to store your preferences. SPOTCHECKUP may also use essential cookies to authenticate users and prevent fraudulent use of user accounts. In addition to Provider’s own cookies, they may use third-party cookies to help in reporting usage statistics of the Providers, deliver advertisements to you on and through the Provider, and so on. If you would like to delete cookies or instruct your web browser to delete or refuse cookies, visit the help page of your web browser where you can take the steps necessary to do so. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features they offer, you might not be able to store your preferences, and some of our pages might not display properly.​

GRANT AND RESTRICTIONS

You may not access the SPOTCHECKUP  Service if you are a direct competitor of SPOTCHECKUP, except with prior written consent. In addition, you may not access the SPOTCHECKUP Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

You shall not (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the SPOTCHECKUP Service or its content in any way; (ii) modify or make derivative works based upon the SPOTCHECKUP Service or its content; (iii) publicly display visual output of the SPOTCHECKUP Service; (iv) transmit the SPOTCHECKUP Service over a network, by telephone, or electronically using any means; (v) create Internet “links” to the SPOTCHECKUP Service where prohibited or “frame” or “mirror” any of its content on any other server or wireless or Internet-based device; or (vi) reverse engineer or access the SPOTCHECKUP Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the SPOTCHECKUP Service, or (c) copy any ideas, features, functions, or graphics of the SPOTCHECKUP Service.

You may use the SPOTCHECKUP Service only for your purposes and shall not: (i) send or transmit spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send, transmit, or post a message or any information under a false name; (iii) send, transmit, post, or store infringing, obscene, threatening, libelous, defamatory, fraudulent, false, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights or the ownership or intellectual property rights of another person; (iv) send, transmit, or store material containing software viruses, worms, Trojan horses, or other harmful computer codes, files, scripts, agents, or programs; (v) interfere with or disrupt the integrity or performance of the SPOTCHECKUP Service or the data contained therein; or (vi) attempt to gain unauthorized access to the SPOTCHECKUP Service or its related systems or networks. You shall not use the SPOTCHECKUP Service in a way that could cause damage or adversely affect any other customers of SPOTCHECKUP or SPOTCHECKUP’s reputation, networks, property, or services, or its affiliates.

You agree to keep confidential and use commercially reasonable efforts to prevent and protect the content of the SPOTCHECKUP Service from unauthorized disclosure or use.

MOBILE APPLICATION

If you are accessing the SPOTCHECKUP Service through SPOTCHECKUP’s mobile application (“app”), you acknowledge and understand that certain permissions may be required including, but not limited to, location services – allows the app to get your precise or approximate location using GPS or network location sources such as cell towers and Wi-Fi; take pictures – allows the app to take pictures with the camera; read phone status and identity – allows the app to access the phone features of the device to determine the phone number and device IDs, whether a call is active, and the remote number connected by a call; view network connections – allows the app to view information about network connections such as which networks exist and are connected; full network access – allows the app to create network sockets and use custom network protocols; read Google service configuration – allows the app to read Google service configuration data; and prevent device from sleeping – allows the app to prevent the device from going to sleep. Some of these permissions may consume additional battery power or incur data usage or charges.

YOUR RESPONSIBILITIES

You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the SPOTCHECKUP Service, including those related to data privacy, international communications, and the transmission of technical or personal data. You shall: (i) notify SPOTCHECKUP immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to SPOTCHECKUP immediately and use reasonable efforts to stop immediately any copying or distribution of content of the SPOTCHECKUP Service that is known or suspected by you or your Users; and (iii) not impersonate another SPOTCHECKUP user or provide false identity information to gain access to or use of the  SPOTCHECKUP Service.

INTELLECTUAL PROPERTY OWNERSHIP

SPOTCHECKUP shall own its Intellectual Property Rights in and to SPOTCHECKUP’s technology including its name, system, dashboard, logos, trademarks, app, and website.

All SPOTCHECKUP’s or affiliate names, logos, and product names associated with the SPOTCHECKUP Service are trademarks of SPOTCHECKUP or the affiliate (as applicable), and no right or license is granted to use them.​

CHARGES AND PAYMENT OF FEES

You shall pay all fees for your SPOTCHECKUP telemedicine membership services in accordance with the fees, charges, and billing terms in effect at the time a fee is due and payable; provided, however, you are not obligated to pay any fees or charges for which another party (e.g., your employer or health plan) has contractually agreed with SPOTCHECKUP to pay on your behalf. Payments may be made on a per-annually, monthly, or quarterly basis, consistent with the Initial Term, or as otherwise mutually agreed upon. All payment obligations are non-cancelable, non-refundable for unused membership, and all amounts paid are nonrefundable. All pricing terms are confidential, and you agree not to disclose them to any third party.

You should be aware that SPOTCHECKUP may use a third-party Payment Processor (“Stripe”) to link SPOTCHECKUP to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the SPOTCHECKUP Service will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit card issuer in addition to this Use Agreement. SPOTCHECKUP is not responsible for any errors by the Payment Processor or your credit card issuer.

BILLING AND RENEWAL

SPOTCHECKUP charges and collects in advance for use of the SPOTCHECKUP telemedicine membership services. SPOTCHECKUP may automatically renew and bill your credit card or issue an invoice to you for your current subscription amount where applicable or as otherwise mutually agreed upon; provided, however, you are not obligated to pay any fees or charges for which another party (e.g., your employer or health plan) has contractually agreed with SPOTCHECKUP to pay on your behalf.

You agree to provide SPOTCHECKUP with complete and accurate billing and contact information. This information includes your legal name, street address, e-mail address, date of birth, and telephone number. You agree to update this information immediately upon any change to it. If the contact information you have provided is false or fraudulent, SPOTCHECKUP reserves the right to terminate your access to the SPOTCHECKUP Service in addition to any other legal remedies.

If you believe your bill is incorrect, you must immediately contact us in writing regarding the amount in question to be eligible to receive an adjustment or credit. You irrevocably waive your right to challenge the accuracy of any bill, or otherwise receive an adjustment or credit to any bill, if you fail to notify SPOTCHECKUP in writing within five (5) calendar days after your receipt of the bill, that you believe the bill is inaccurate (setting forth an explanation of why).

Please review the Policy Purchase Membership Subscription or contact us at info@stethio.com  for further questions.

NON-PAYMENT AND SUSPENSION

In addition to any other rights granted to SPOTCHECKUP herein, SPOTCHECKUP reserves the right to suspend or terminate this Use Agreement and your access to the SPOTCHECKUP Service if your account becomes delinquent (falls into arrears) where any invoice is unpaid after the invoice due date whether it is the responsibility of you or a third party to pay the invoice. Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for your subscription during any period of suspension. If you or SPOTCHECKUP initiates termination of this Use Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that SPOTCHECKUP may bill you for such unpaid fees, unless another party (e.g., your employer or health plan) has contractually agreed with SPOTCHECKUP to pay on your behalf. SPOTCHECKUP reserves the right to impose a reconnection fee in the event your account is suspended and thereafter you request access to the SPOTCHECKUP Service. If you are a Reseller Affiliate of SPOTCHECKUP, an API reconnection fee of $2,500 may be imposed.

TERMINATION FOR CAUSE

Any breach of your payment obligations or the payment obligations of another party (e.g., your employer or health plan) who has contractually agreed with SPOTCHECKUP to pay on your behalf, or unauthorized use of the SPOTCHECKUP Service, will be deemed a material breach of this Use Agreement. SPOTCHECKUP, in its sole discretion, may immediately terminate your password, account, or use of the SPOTCHECKUP Service if you breach or otherwise fail to comply with this Use Agreement. In addition, SPOTCHECKUP may terminate a free account at any time in its sole discretion.

REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has the legal power and authority to enter into this Use Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the SPOTCHECKUP Service and that your billing information is correct.

INDEMNIFICATION

You agree to indemnify, defend, and hold SPOTCHECKUP (including the SPOTCHECKUP  Service), its medical provider, subsidiaries, affiliates, parent companies, employees, subcontractors, agents, vendors, suppliers, and licensors harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, suits, fees (including attorneys’ fees and expert fees), and costs of any kind whatsoever arising directly or indirectly out of or in connection with (1) your use of and subscription to the SPOTCHECKUP Service and any information (including the content and subject matter) you submit, post, transmit, or make available via the SPOTCHECKUP Service or the Providers; (2) your violation of this Use Agreement or any policy set forth in this Use Agreement; and (3) your violation of any applicable laws and regulations or rights of any third party.

DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK – FUNCTIONALITY

Disclaimer of Warranties – Functionality of SPOTCHECKUP Service

(A) SPOTCHECKUP MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PROVIDE’S SERVICE OR ITS CONTENT.

(B) SPOTCHECKUP DO NOT REPRESENTS OR WARRANTS THAT:

  1. THE USE OF OR SUBSCRIPTION TO THE PROVIDER WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA;
  2. THE PROVIDER WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
  3. ANY STORED DATA WILL BE ACCURATE OR RELIABLE;
  4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PROVIDER WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
  5. ERRORS OR DEFECTS WILL BE CORRECTED; OR
  6. THE PROVIDER OR THE SERVER(S) THAT MAKES THE PROVIDER SERVICE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

(C) SPOTCHECKUP DOES NOT AUTHORIZE ANY THIRD PARTY TO MAKE ANY OF THE FOREGOING REPRESENTATIONS OR WARRANTIES ON ITS BEHALF.

(D) THE SPOTCHECKUP SERVICE AND ALL OF ITS CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.

(E) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPOTCHECKUP  AND ITS RESELLERS/LICENSORS HEREBY DISCLAIM ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Assumption of Risk – Functionality of Provider Service

THE USE OF THE PROVIDER SERVICE OR ANY PORTION OF THE PROVIDER SERVICE IS STRICTLY AT YOUR SOLE RISK. YOU HEREBY RELEASE SPOTCHECKUP AND ITS RESELLERS/LICENSORS FROM ALL CLAIMS WHICH MAY RESULT FROM THE USE OF THE PROVIDER SERVICE OR ANY PORTION OF THE PROVIDER SERVICE, OR THE NEGLIGENCE OF PROVIDER OR ITS LICENSORS, BUT THIS PROVISION EXPRESSLY DOES NOT INCLUDE ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.

YOU UNDERSTAND THAT BY AGREEING TO THIS CLAUSE, YOU ARE RELEASING CLAIMS AND GIVING UP SUBSTANTIAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN CERTAIN INSTANCES.

DISCLAIMERS – HEALTHCARE SERVICES

The SPOTCHECKUP Service does not provide health care services. The SPOTCHECKUP Service simply provides a system/platform to facilitate communication with the Providers; they owned or licensed health information database and software. Provider verifies the state and national (NPI, DEA) licensing status for all contracted Providers; however, it is your obligation to verify the state and national (NPI, DEA) licensing status for all Providers. Such Providers may include, but are not limited to, Providers whose services are offered to you as part of a subscription or bundled services package by your reseller, agent, employer, health plan, physician, or on the Provider website or hosted portal.

The SPOTCHECKUP Service is not a replacement for your primary care physician or annual office check-ups, nor is it a replacement for other treating providers (except in the context of mental and behavioral health services or in the Virtual Primary Care service line where the Provider has explicitly agreed to assume such role). Consultations through the Provider treat the majority of common medical and behavioral health conditions, however a small number of cases require an in-person visit for complete care. With respect to psychotherapy and counseling, you understand that information discussed in any sessions is for therapeutic purposes only and is not intended for use in any legal proceedings involving any other individuals participating in any sessions. You agree not to subpoena any Provider or SPOTCHECKUP  to testify for or against individuals (including you) participating in the sessions or to provide records in court actions against other individuals participating in any sessions. You understand that anything any individual participating in any session tells a Provider individually, whether on the phone or otherwise, may at the Provider’s discretion be shared with any other individual participating in the sessions.

The SPOTCHECKUP Service is not an online pharmacy, nor is it a Medicare prescription drug plan. Providers do not prescribe elective medications (except through the Men’s Health and Women’s Health service lines or the Virtual Primary Care service line when deemed by the Provider to be medically necessary), anticonvulsants (except through the Virtual Primary Care service line when deemed by the Provider to be medically necessary), narcotic pain relievers, or drugs listed as controlled substances by the U.S. Drug Enforcement Agency. Provider does not guarantee that a specific medication will be prescribed by a Provider if requested, particularly where prescribing of the medication is in violation of Provider’s Treatment Policies or not medically appropriate, as determined by the Provider in the Provider’s sole discretion. The behavioral health Providers will not prescribe you medication until conducting a mental health assessment (also sometimes called an intake or initial assessment) of you. You will not be prescribed more than a 90-day supply of medication at one time by a behavioral health Provider, and may not receive a refill of the medication unless you first complete a medication management visit with the behavioral health Provider. The Providers in the Urgent Care service line generally do not prescribe more than a 90-day refill within a 6-month period; however, the Providers within the Men’s Health and Women’s Health service lines may be able to prescribe you up to a 1-year supply of medically necessary maintenance medications if you can supply adequate proof of your most recent wellness or physical exam completed within the immediately preceding year. The Providers in the Virtual Primary Care service line may be able to prescribe you up to a 1-year supply of medically necessary maintenance medications as long as you are compliant with their recommended treatment plan. You agree that any prescription obtained from a Provider in connection with your use of the Provider Service will only be for its intended use.

The SPOTCHECKUP Service does not meet the minimum essential coverage (MEC) requirements imposed by the Patient Protection and Affordable Care Act (PPACA) or any minimum creditable coverage (MCC) requirements imposed by any state laws. The  Service is not a Qualified Health Plan under the PPACA.

RESELLERS/AFFILIATES

  1. Pricing:

SPOTCHECKUP will provide Telemedicine Urgent Care Only “Memberships” pricing to its Reseller Partners.  Retail pricing will be established by SPOTCHECKUP on a per member per month (PMPM) or per member per annual (PMPA) basis. SPOTCHECKUP will receive agreed Fees per Membership when sold by Reseller Partner and or affiliated producers. Includes a free Spot Stethoscope – $99 value.

All PMPM/PMPA fees shall be paid by Reseller Partner to SPOTCHECKUP by the 10th day of the month, for active Memberships started or renewed during the prior month. All Fees earned from retail sales by the Reseller Partner will be paid EFT to the Reseller Partner by the 15th day of the month following months from all the Fees collected. The SPOTCHECKUP Service should be read in conjunction with the SPOTCHECKUP Affiliate Agreement and its Exhibits A & B or an Addendum for all terms and conditions.

  1. Utilization Rate:

Telemedicine “Urgent Care Only” utilization shall be calculated per calendar month based on annualized utilization in the aggregate. If the annualized utilization exceeds the threshold, then the Per Member Per Month Fee shall automatically in Affiliate Agreement, Exhibit A, without notice, increase as follows: $.05 every 1% of annualized utilization (calculated per month) over the threshold (e.g. add $.05 if annualized utilization is greater than 20% and less than or equal to 21%). SPOTCHECKUP reserves the right at any to time to change, decrease or increase pricing to Reseller and or Members for the use of our telemedicine, telehealth, virtual mental health services, and or Rx cards as a result of changing trends, government rules and regulations, or huge unexpected spikes in utilization rates by consumers as a direct result from pandemics i.e. COVID19, wars, acts of terror, natural disasters, and civil unrest, drug, rehabilitation crisis and monthly production projections.

  1. Force Majeure:

SPOTCHECKUP will not be held liable for failure to fulfill its obligations hereunder if such failure is due to a Force Majeure Event. A “Force Majeure Event” means, but is not limited to, an act of war; domestic and/or international terrorism; civil riots or rebellions; quarantines, embargoes and other similar unusual governmental actions; pandemics, epidemics, local disease  outbreaks, public health emergencies; or extraordinary elements of nature or acts of God;  provided that such Force Majeure Event is beyond the excused Party’s reasonable control, occurs without the excused Party’s fault or negligence, is not caused directly or indirectly by the excused Party and could not have been prevented or avoided by the excused Party’s reasonable diligence.

TELEMEDICINE SERVICE-MEMBERSHIP

Our service is not insurance and is not intended to replace health insurance; it is a telemedicine service available through SPOTCHECKUP Service on a membership monthly or annual basis. The offering of products and services by Provider (The Complete Virtual Health Platform | CareClix) is not to be construed as the sale of insurance product(s) or otherwise engaging in the transaction of insurance.

You authorize Provider to use and publish any comments you choose to share about the Provider, such as comments shared in the Provider’s survey and/or via third-party service providers contracted for such purposes, unless specified otherwise.

Provider does not warrant or validate any information provided by a third party (including, but not limited to, your employer, health plan, or the Providers) even if the information is about the Provider, whether through advertisements, promotions, communications, or other materials, and does not assume any responsibility or liability for the accuracy of such information.

Provider has the right to refuse access to the medical providers to any person, agency, or organization, at any time, for any reason, or for no reason at all.

​INTERNET DELAYS

THE SPOTCHECKUP DASHBOARD MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SPOTCHECKUP  IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

LIMITATION ON LIABILITY

(A) NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL SPOTCHECKUP (INCLUDING THE SPOTCHECKUP SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS BE LIABLE:

(1)     IN ANY WAY FOR YOUR USE OF OR SUBSCRIPTION TO THE SPOTCHECKUP SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN ANY CONTENT, INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR SUBSCRIPTION TO THE SPOTCHECKUP SERVICE; OR

(2)     FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER, ARISING FROM OR IN CONNECTION WITH THE SPOTCHECKUP SERVICE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE, OR OTHERWISE RESULTING FROM YOUR USE OF THE SPOTCHECKUP SERVICE.

(B) YOU HEREBY RELEASE SPOTCHECKUP (INCLUDING THE SPOTCHECKUP  SERVICE), ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, EMPLOYEES, PROVIDERS, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF ANY AND EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, RESULTING FROM YOUR USE OF OR ACCESS OR SUBSCRIPTION TO THE SPOTCHECKUP SERVICE OR THE NEGLIGENCE OF SPOTCHECKUP  (INCLUDING THE SPOTCHECKUP SERVICE), ITS SUBSIDIARIES, AFFILIATES, PROVIDERS, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS. TO THE EXTENT ALLOWED BY LAW. ANY LIABILITY OF SPOTCHECKUP  (INCLUDING THE SPOTCHECKUP SERVICE), ITS SUBSIDIARIES, PROVIDERS, AFFILIATES, PARENT COMPANIES, EMPLOYEES, SUBCONTRACTORS, AGENTS, VENDORS, SUPPLIERS, AND LICENSORS FOR ANY CLAIMS YOU MAY HAVE AGAINST THEM IS LIMITED TO THE PROPORTIONATE AMOUNT OF THE MEMBERSHIP VISIT OR FEES ACTUALLY PAID BY YOU THAT ARE ATTRIBUTABLE TO THE APPLICABLE SERVICE, INCIDENT, OR AFFECTED PERIOD GIVING RISE TO SUCH CLAIM. THIS PROVISION EXPRESSLY DOES NOT INCLUDE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.

YOU UNDERSTAND THAT BY AGREEING TO THIS CLAUSE, YOU ARE RELEASING CLAIMS AND GIVING UP SUBSTANTIAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN CERTAIN INSTANCES.

​LOCAL LAWS AND EXPORT CONTROL

This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the United States. The user of this site (“User”) acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the SPOTCHECKUP Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

SPOTCHECKUP and its licensors make no representation that the SPOTCHECKUP Service is appropriate or available for use in other locations. If you use the SPOTCHECKUP Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the content of the SPOTCHECKUP Service contrary to United States law is prohibited.

NOTICE

Except as this Use Agreement specifically provides otherwise, you must provide

SPOTCHECKUP notice by contacting SPOTCHECKUP at its registered address:

StratoScientific, LLC. 19125 North Creek Pkwy #120, Bothell, WA 98011 or via email:

info@stethio.com

CONTACTING YOU REGARDING BILLING AND COLLECTIONS

You expressly authorize, and specifically consent to allowing, SPOTCHECKUP and any of SPOTCHECKUP’s agents to contact you in connection with any and all matters relating to unpaid past due fees or charges you may owe SPOTCHECKUP. You agree that, for attempts to collect unpaid past due fees or charges, SPOTCHECKUP  and any of its agents may contact you at any mailing address, telephone number, cellular phone number, email address, or any other electronic address that you have provided, or may in the future provide, to SPOTCHECKUP. You agree and acknowledge that any e-mail address or any other electronic address that you provide to SPOTCHECKUP is your private address and is not accessible to unauthorized third parties. For attempts to collect unpaid fees or charges, you agree that in addition to individual persons attempting to communicate directly with you, any type of contact described above may be made using, among other methods, pre-recorded or artificial voice messages delivered by an automatic telephone dialing system, pre-set e-mail messages delivered by an automatic e-mailing system, or any other pre-set electronic messages delivered by any other automatic electronic messaging system.

​ASSIGNMENT; CHANGE IN CONTROL

This Use Agreement may not be assigned by you without the prior written approval of SPOTCHECKUP but may be assigned without your consent by SPOTCHECKUP to (i) a parent or subsidiary, (ii) an acquirer of assets or stock, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

DISPUTE RESOLUTION AND ARBITRATION

In those rare instances where your concern is not resolved to your satisfaction through calls to our customer care, you and SPOTCHECKUP each agree to try to resolve those disputes in good faith after you provide written notice of the dispute as set forth below. If the dispute is not resolved, you and SPOTCHECKUP agree that the dispute will be resolved through individual binding arbitration or small claims court, instead of courts of general jurisdiction.

Mandatory Arbitration and Waiver of Class Action. Instead of suing in court, you and SPOTCHECKUP agree to arbitrate all Disputes (as defined below) on an individual, non-representative, basis. You agree that, by accepting the terms and conditions of this Use Agreement, you and SPOTCHECKUP are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted.

In arbitration, there is no judge or jury. Disputes are instead decided by a neutral third-party arbitrator in a more informal process than in court. In arbitration, there is limited discovery and the arbitrator’s decision is subject to limited review by courts. However, just as a court would, the arbitrator must honor the terms and conditions of the Use Agreement and can award damages and relief, including any attorneys’ fees authorized by law.

“Disputes” shall include, but are not limited to, any claims or controversies against each other related in any way to or arising out of in any way the SPOTCHECKUP Service or this Use Agreement, including, but not limited to, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if the claim arises after use of or access or subscription to the SPOTCHECKUP Service has terminated. Disputes also include, but are not limited to, claims that: (a) you or an authorized or unauthorized user of the SPOTCHECKUP Service brings against SPOTCHECKUP (including the SPOTCHECKUP Service), its subsidiaries, affiliates, parent companies, employees, subcontractors, agents, vendors, suppliers, providers, or licensors; (b) you bring against a third party, such as a the medical provider, that are based on, relate to, or arise out of in any way the use of or access or subscription to the SPOTCHECKUP Service or this Use Agreement; or (c) SPOTCHECKUP brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and SPOTCHECKUP, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before this Use Agreement or out of a prior Use Agreement with SPOTCHECKUP; (iii) claims that are subject to on-going litigation where you are not a party or class member; and/or (iv) claims that arise after the termination of your use of or access or subscription to the SPOTCHECKUP Service or this Use Agreement.

DISPUTE NOTICE AND DISPUTE RESOLUTION PERIOD

Before initiating arbitration or a small claims matter, you and SPOTCHECKUP each agree to first provide to the other a written notice (“Notice of Dispute”), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to SPOTCHECKUP should be sent to SPOTCHECKUP registered address: StratoScientific, LLC. 19125 North Creek Pkwy #120, Bothell, WA 98011 Attn: Officers. SPOTCHECKUP will provide a Notice of Dispute to you at your last known physical address or email address. SPOTCHECKUP will assign a representative to work with you and try to resolve your Dispute to your satisfaction. You and SPOTCHECKUP agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or SPOTCHECKUP may commence an arbitration proceeding or small claims action.

​ARBITRATION TERMS, PROCESS, RULES, AND PROCEDURES

(1) Unless you and SPOTCHECKUP agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in Clark County, Nevada (or such other location to which SPOTCHECKUP agrees). The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this agreement to arbitrate, including the rules about filing, administration, discovery, and arbitrator’s fees. The JAMS Rules are available on its website at jamsadr.com.  Notwithstanding any JAMS Rule to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.

(2) The Federal Arbitration Act (“FAA”) applies to your use of or access or subscription to the SPOTCHECKUP Service and this Use Agreement and arbitration provision. We each agree that the FAA’s provisions – not state law – govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow you or SPOTCHECKUP to arbitrate on a class-wide, representative, or consolidated basis.

(3) The arbitrator 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. YOU AND SPOTCHECKUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SPOTCHECKUP expressly agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

(4) We each are responsible for our respective costs, including our respective attorneys, experts, and witnesses, unless this Use Agreement or applicable law otherwise permits the award of such to SPOTCHECKUP. We each will pay equally for any filing or case management fees associated with the arbitration and professional fees for the arbitrator’s services.

(5) An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.

(6) As an alternative to arbitration, we may resolve Disputes in small claims court in Clark County, Nevada (or such other location to which SPOTCHECKUP  agrees).

NO TRIAL BY JURY AND NO CLASS ACTION

IF FOR ANY REASON A CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF OR ACCESS OR SUBSCRIPTION TO THE SPOTCHECKUP  SERVICE OR THIS USE AGREEMENT IN ANY WAY PROCEEDS IN COURT RATHER THAN IN ARBITRATION, REGARDLESS OF WHETHER THE CLAIM IS AN ACTION, COUNTERCLAIM, OR ANY OTHER COURT PROCEEDING, WE EACH AGREE THAT TO THE EXTENT ALLOWED BY LAW, THERE WILL NOT BE A JURY TRIAL OR CLASS ACTION AND WE EACH UNCONDITIONALLY (1) WAIVE ANY RIGHT TO TRIAL BY JURY AND (2) WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS, INCLUDING JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERTING A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY OTHER PROCEEDING.

OTHER IMPORTANT TERMS

Subject to federal and state law or unless this Use Agreement specifically provides otherwise, your use of and access or subscription to the SPOTCHECKUP Service and this Use Agreement is governed solely by the laws of the state of Nevada, without regard to conflicts of law principles. If either of us waives or doesn’t enforce a requirement under this Use Agreement in an instance, we don’t waive our right to later enforce that requirement. Except as this Use Agreement specifically provides otherwise, if any part of this Use Agreement is held invalid or unenforceable, the rest of this Use Agreement remains in full force and effect. This Use Agreement isn’t for the benefit of any third party except SPOTCHECKUP  subsidiaries, affiliates, parent companies, employees, subcontractors, agents, vendors, suppliers, licensors, medical provider, and predecessors and successors in interest. You can’t assign this Use Agreement or any of your rights or duties under it, unless SPOTCHECKUP agrees to the assignment. SPOTCHECKUP can assign this Use Agreement without notice. You cannot in any manner resell the SPOTCHECKUP Service to another party. This Use Agreement and the documents it incorporates make up the entire agreement between us and replaces all prior written or spoken agreements – you can’t rely on any contradictory documents or statements by sales or service representatives or the Providers. The rights, obligations, and commitments in the Use Agreement that, by their nature, would logically continue beyond the termination of your use of or access or subscription to the SPOTCHECKUP Service (for example, those relating to billing, payment, dispute resolution, no class action, no jury trial) survive termination of your use of and access and subscription to the SPOTCHECKUP Service and this Use Agreement.

ELECTRONIC SIGNATURE

I have read this Use Agreement and I understand it. I agree to comply with it, on behalf of myself and on behalf of any other person on whose behalf I am or may in the future be seeking medical care including, but not limited to, mental or behavioral health services through our medical provider. I understand and agree that if I fail to comply with the terms of the Use Agreement, I may be prohibited from using the SPOTCHECKUP Service, and I will hold SPOTCHECKUP and Provider harmless from any liability arising from my failure to comply. I hereby certify that I am at least eighteen years of age and possess the legal right and ability to enter into this Use Agreement under the name in which I have registered to use the SPOTCHECKUP Service. I further certify that I am physically present in the state that I have designated at the time that I am accessing the SPOTCHECKUP Service. I understand and acknowledge that my ability to access the SPOTCHECKUP Service is conditional upon the above-mentioned criteria of my certification of age, legal authority, and physical presence at the time that I access the SPOTCHECKUP Service, and that the Provider is relying upon this certification in order to interact with and facilitate virtual health care services to me through its medical providers.

Terms and Conditions are subject to change. Please contact infot@stethio.com if you have further questions.

Purchase Policy Membership Subscription

StratoScientific (Steth IO and SPOTCHECKUP) provides an optional paid-for (“Fee”) Membership Subscription service (“annual memberships”) that allows our users and or reseller partners, Telehealth Services (“Steth IO/ SPOTCHECKUP Service”). Steth IO is a reseller of telemedicine services contracted with a national telehealth medical provider (The Complete Virtual Health Platform | CareClix).

The Steth IO/SPOTCHECKUP Service should be read in conjunction with the StratoScientific Privacy Policy. Where there is conflict between the Membership Subscription Terms and Conditions and the General Terms of Use, the specific “Membership Subscription” Terms and Conditions shall apply, but all other provisions with the General Terms of Use shall remain in full force and effect.

If you buy our paid Telemedicine Membership, you agree to pay us the annual fee in full at the time of purchase. Failure to pay this Fee will result in the termination of your paid Membership Subscription. By signing up for Steth IO/ SPOTCHECKUP Service, you agree to all these terms, conditions, limitations, and requirements.

  1. The Steth IO/ SPOTCHECKUP Service is available through our website located at Steth IO, our mobile application (“App”), and our online services in order to connect via Phone, Tablet, or Computer with a telemedicine medical provider. Steth IO will provide you with the Membership Subscription immediately upon the successful validation of your payment information and payment of the associated Fee.
  2. When you sign up for an annual membership, Steth IO will automatically start a one-year (365 day) Membership Subscription.
  1. If you do not want to continue to be charged on a recurring annual basis, you must cancel your Membership Subscription. Learn how to cancel your Membership Subscription by reviewing our Refund Policy or contact us at info@stethio.com.
  1. Initial Membership Subscription period purchased (full year) is NON-CANCELABLE.  Cancellation will cease AUTO-RENEWAL of Membership Subscription. You will still have access to the Steth IO/ SPOTCHECKUP Service for the period you have already paid. On cancellation, you will receive communication from Steth IO confirming your cancellation, and providing the date up until which you use the Steth IO/ SPOTCHECKUP Service. Steth IO WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
  1. You are required to maintain accurate and up-to-date payment information. Steth IO assumes no responsibility or liability if your Membership Subscription fails to renew or otherwise expires because of outdated or incorrect payment information.
  1. Your purchase of Membership Subscription may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  1. Steth IO reserves the right to change the Fee for Membership Subscription from time to time. We will communicate any Fee changes 30 days in advance with currently active Membership Subscription members only. If you do not agree with the Fee changes, you have the right to reject the change by cancelling your Membership Subscription.
  1. Steth IO reserves the right to remove or add any Steth IO/ SPOTCHECKUP Service of Membership Subscription at any time, such as, Telehealth, Telepsychiatry, Teletherapy, and or Rx coupon card.

TRANSFERS OR SUBSTITUTIONS CANNOT BE MADE.

Terms and conditions are subject to change. Please contact info@stethio.com if you have further questions or comments.

Refund Policy 

In order to request a visit to our Medical Providers a valid payment method will need to be on file. The annual telemedicine membership fee will be collected prior to the medical visit. Submission of your telemedicine membership, in any format, constitutes an agreement and acceptance by the orderer or Reseller Partner (Agent) that all information is complete and correct, and guarantees payment in full to StratoScientific (Steth IO/SPOTCHECKUP), according to the fees listed in our Purchase or Reseller Agreement. Payment is due upon receipt. To be processed, orders must be accompanied by a valid credit card number and name.

Steth IO/ SPOTCHECKUP is not responsible for refunding any unused monthly memberships. All payment obligations are non-cancelable, and all amounts paid are nonrefundable. Annual memberships are subject to a pro-rated cancellation basis. Pro-rated means that from the time you make a request to cancel your membership in writing to us (and your Agent if applicable), you will be entitled to receive a refund for the remaining unused months effective the 1st of the following month. We are required, per bank regulations, to send any refunds to any saved payment methods sources (credit card/debit card). Steth IO/ SPOTCHECKUP may use a third-party Payment Processor (“Stripe”) to link Steth IO/ SPOTCHECKUP to your credit card account. The processing of payments or credits, as applicable, in connection with your use of the Steth IO/ SPOTCHECKUP Service will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit card issuer in addition to this Use Agreement. Steth IO/ SPOTCHECKUP is not responsible for any errors by the Payment Processor or your credit card issuer.

If you paid with cash to your Agent, collectively (Steth IO/ SPOTCHECKUP p and Agent) we are required to send any refunds via check in the mail to the address listed on your membership.

Terms and conditions are subject to change. Please contact info@stethio.com if you have further questions.

Privacy Policy 

  1. OUR PLEDGE REGARDING YOUR MEDICAL INFORMATION

At StratoScientific, LLC. (“Steth IO/ SPOTCHECKUP”, “we”, or “us”), we take our responsibility to safeguard your personal information extremely seriously.  SPOTCHECKUP is a reseller of telemedicine services contracted a national telehealth medical provider. This Privacy Policy explains how we acquire, use, and transmit your Personal Information (as defined below). We deliver our product (“Telemedicine Memberships”) through our website located at https://spotcheckup.com, our mobile application (“Application”), and our widgets (collectively, the “Site”) and online services, including the option to save your credit card information all collectively the (“Services”). We may update this Privacy Policy from time to time. We will notify you by posting a notification on the Site. We understand that medical information about you and your health is personal. We are dedicated to maintaining the privacy and integrity of your protected health information (“PHI”), which is information about you that may be used to identify you (such as your name, date of birth, address, email, or credit card/debit information, known as the “Records”). In providing membership services, we will receive and create records containing your PHI. We need these records in order for a medical provider, to provide you with quality telemedicine virtual healthcare and to comply with certain federal and state legal requirements.

We are required by law to maintain the privacy of your PHI and to provide you with notice of our legal duties and privacy practices with respect to your PHI. To the extent required by law, when using or disclosing your PHI or when requesting your PHI from medical provider, we will make reasonable efforts not to use, disclose, or request more than the minimum necessary set of your PHI or, if needed by us, no more than the minimum amount of PHI necessary to accomplish the intended purpose of the use, disclosure, or request, taking into consideration practical and technological limitations.

This Notice of Privacy Practices applies to all of the records of your care generated by medical provider. When we use or disclose your PHI, we are required to abide by the terms of this Notice (or other Notice in effect at the time of the use or disclosure).

  1. DISCLOSE MEDICAL INFORMATION ABOUT YOU

For Treatment

This is the most important use and disclosure of your PHI. Medical provider will use or disclose your medical information to provide treatment and deliver the services you have requested, for example for purposes of a telemedicine consultation or in connection with the provision of follow-up treatment. Use and disclosure of your medical information may include, without limitation, creation of an electronic health record and appointment reminders, discussion with your treating health care practitioners to facilitate your health care oversight, investigation of research opportunities or treatment alternatives for your health care issues, identification of health-related benefits and services that may be of interest to you, and to communicate important health information with members of your family. Medical provider may also disclose PHI to other providers involved in your treatment.

For Payment

Your PHI will be used and disclosed, as needed, to obtain payment (Site) for your telemedicine health care services provided by medical providers. Medical provider may also tell your health plan about a treatment you are going to receive to obtain prior approval or to determine whether your plan will cover the treatment.

For Health Care Operations

Medical provider may also collect aggregate data about your health (in an anonymous manner) for statistical analysis, improvement of services, and customization of web design, content layout, and services. This includes internal administration and planning, as well as various activities that improve the quality and cost effectiveness of the care that we deliver to you. Medical provider may also combine medical information about medical provider patients to decide what additional services they should offer, what services are not needed, and if certain new treatments are effective. Medical provider may also disclose information to health care providers and other medical professionals for review and learning purposes. There are some services provided in provider’s organization through contracts with business associates, who may gain access to PHI. Examples of business associates include management consultants, quality assurance reviewers, shredding companies, and translation services. Medical provider may disclose your PHI to other business associates so that they can perform the job we have asked them to do in order to provide better healthcare services to you. To protect your PHI, the medical provider requires all business associates to sign an agreement stating that they will appropriately safeguard your PHI to in accordance with applicable federal and state laws (including HIPAA standards).

To Avert a Serious Threat to Health or Safety

Medical provider may use and disclose your PHI when necessary to prevent a serious threat to your health and safety, or to the health and safety of the public or another person. Any disclosure would only be to someone able to help prevent the threat or to the extent necessary to comply with state and federal laws to prevent or control disease, injury, or disability regarding public health.

OTHER PERMITTED AND REQUIRED USES AND DISCLOSURES OF PHI THAT MAY BE MADE WITHOUT YOUR AUTHORIZATION OR OPPORTUNITY TO AGREE OR OBJECT:

Required By Law

Medical provider may use or disclose your PHI to the extent that the use or disclosure is required by federal, state, or local laws or regulations. The use or disclosure will be made in compliance with the law or regulation and will be limited to the relevant requirements of the law or regulation. You will be notified, if required by law or regulation, of any such uses or disclosures.

Health Oversight Activities

Medical provider may disclose your PHI to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws.

Victims of Abuse, Neglect, or Domestic Violence

Medical provider may disclose your PHI to a public health authority that is authorized by law to receive reports of child or elder abuse or neglect. In addition, the medical provider may disclose your PHI if your medical provider believes that you have been a victim of abuse, neglect, or domestic violence to the governmental entity or agency authorized to receive such information. In this case, the disclosure will be made consistent with the requirements of applicable federal and state laws.

Legal Proceedings

Medical provider may use and disclose PHI in responding to a court or administrative order, subpoena, or discovery request. Medical provider may also use and disclose your PHI to the extent permitted by law without your authorization, for example, to defend a lawsuit or arbitration.

Law Enforcement

Medical provider may disclose your PHI to the police or other law enforcement officials as required or permitted by law: (1) in response to a court order, subpoena, warrant, summons, or similar process; (2) to identify or locate a suspect, fugitive, material witness, or missing person; (3) to notify them about the victim of a crime if, under certain limited circumstances, they are unable to obtain the person’s agreement; (4) to notify them about a death they believe may be the result of criminal conduct; (5) to notify them about criminal conduct or with one of the health care providers; and (6) in emergency circumstances, to report a crime, the location of a crime or the victims of a crime, or the identity, description, or location of the person who committed the crime.

Food and Drug Administration

Medical provider may disclose your PHI to a person or company required by the Food and Drug Administration for the purpose of quality, safety, or effectiveness of FDA-regulated products or activities including to report adverse events, to report product defects or problems, to report biologic product deviations, to track products, to enable product recalls, to make repairs or replacements, or to conduct post marketing surveillance, as required.

Decedents, Coroners, Funeral Directors, and Organ Donation

Medical provider may disclose your PHI to a coroner or medical examiner for identification purposes, determining cause of death, or for the coroner or medical examiner to perform other duties authorized by law. Medical provider may also disclose your PHI to a funeral director, as authorized by law, in order to permit the funeral director to carry out their duties. Medical provider may also disclose such information in reasonable anticipation of your death. Your PHI may additionally be used and disclosed for cadaveric organ, eye, or tissue donation purposes.

Research that Does Not Involve Your Treatment

Medical provider may disclose your PHI to researchers when their research has been approved by an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of your PHI. When a research study does not involve any treatment, the medical provider may disclose your PHI to researchers. To do this, medical provider will either ask your permission to use your PHI or they will use a special process that protects the privacy of your PHI. In addition, they may use information that cannot be identified as your PHI, but that includes certain limited information (such as your date of birth and dates of service). Medical provider will use this information for research, quality assurance activities, and other similar purposes and they will obtain special protections for the information disclosed.

Military Activity and National Security

Medical provider may use and disclose your PHI to units of the government with special functions, such as the U.S. military or the U.S. Department of State, under certain circumstances. Medical provider may use and disclose your PHI to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law. Medical provider may use and disclose your PHI to authorized federal officials so they may provide protection to the President, other authorized persons, or foreign heads of state, or conduct special investigations.

Criminal Activity

Consistent with applicable federal and state laws, we may disclose your PHI if the medical provider believes that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. Medical provider may also disclose your PHI if it is necessary for law enforcement authorities to identify or apprehend an individual.

Inmates

If you are an inmate of a correctional institution or under custody of a law enforcement official, the medical provider may disclose your PHI to the correctional institution or the law enforcement official. This is necessary for the correctional institution to provide you with health care, to protect your health and safety and the health and safety of others, and to protect the safety and security of the correctional institution.

Public Health Risks

Medical provider may disclose your PHI for public health activities. These activities generally include the following: to prevent or control disease, injury, or disability; to report births and deaths; to report reactions to medications or problems with products; to notify people of recalls of products they may be using; and to notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition. Medical provider will only make this disclosure when required or authorized by law or if you authorize such disclosure.

Workers’ Compensation

Medical provider may disclose your PHI as authorized to comply with workers’ compensation laws and other similar legally-established programs.

USES AND DISCLOSURES OF PHI BASED UPON YOUR WRITTEN AUTHORIZATION:

Other uses and disclosures of your PHI will be made only with your written authorization, unless otherwise permitted or required by law as described in this Notice. You may revoke this authorization in writing at any time. If you revoke your authorization, Medical provider will no longer use or disclose your PHI for the reasons covered by your written authorization. Please understand that they are unable to take back any disclosures already made with your authorization, and they are required to retain their records of the care they provide to you. If you are not present or able to agree or object to the use or disclosure of the PHI, then your provider may, using professional judgment, determine whether the disclosure is in your best interest.

OTHER PERMITTED AND REQUIRED USES AND DISCLOSURES OF PHI THAT REQUIRE PROVIDING YOU THE OPPORTUNITY TO AGREE OR OBJECT:

Others Involved in Your Health Care or Payment for Your Care

Unless you object, you medical provider may disclose to a member of your family, a relative, a close friend, or any other person you identify, your PHI that directly relates to that person’s involvement in your health care. If you are unable to agree or object to such a disclosure, you medical provider may disclose such information as necessary if medical provider determines that it is in your best interest based on their professional judgment. Medical provider may use or disclose your PHI to notify or assist in notifying a family member, personal representative, or any other person that is responsible for your care of your location, general condition, or death. Finally, Medical provider may use or disclose your PHI to an authorized public or private entity to assist in disaster relief efforts and to coordinate uses and disclosures to family or other individuals involved in your health care.

Special Categories of Treatment Information

In most cases, federal and/or state law requires your written authorization or the written authorization of your representative for disclosures of drug and alcohol abuse treatment, Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) test results, and mental health treatment.

Research Involving Your Treatment

When a research study involves your treatment, medical provider may disclose your PHI to researchers only after you have signed a specific written authorization. In addition, an Institutional Review Board (IRB) will already have reviewed the research proposal, established appropriate procedures to ensure the privacy of your PHI, and approved the research. You do not have to sign the authorization, but if you refuse you cannot be part of the research study and may be denied research-related treatment.

Fundraising Activities

Medical provider may use demographic information and your dates of service for our own fundraising purposes; otherwise we will obtain your authorization. If you do not want them to contact you for fundraising efforts, you must notify your medical provider in writing.

III. YOUR RIGHTS REGARDING YOUR PHI

You have the following rights with respect to your PHI. You may contact medical provider to obtain additional information and instructions for exercising the following rights.

You have the right to inspect and copy your PHI

You may request access to your medical and billing records maintained by medical provider. You may inspect and request copies of the records. Under federal law, however, you may not inspect or copy the following records: psychotherapy notes; information compiled in reasonable anticipation of, or use in, a civil, criminal, or administrative action or proceeding; and laboratory results that are subject to law that prohibits access to PHI. Under such limited circumstances, your medical provider may deny you access to a portion of your records. If you are denied access to your PHI, you may request that the denial be reviewed. Another licensed health care professional will review your request and the denial. If you desire access to your records, you must submit your request in writing. If your medical information is maintained in an electronic health record, you may obtain an electronic copy of your medical information and, if you choose, instruct your medical provider to transmit such copy directly to an entity or person you designate in a clear, conspicuous, and specific manner. If you request copies, your medical provider may charge you for the costs of an electronic copying, mailing, labor, and supplies associated with your request. You should take note that, if you are a parent or legal guardian of a minor, certain portions of the minor’s PHI will not be accessible to you (for example, records pertaining to health care services for which the minor can lawfully give consent and therefore for which the minor has the right to inspect or obtain copies of the record, or where the health care provider determines, in good faith, that access to the records requested by the representative would have a detrimental effect on the provider’s professional relationship with the minor or on the minor’s physical safety or psychological well-being).

You have the right to request a restriction of your PHI

You may ask your medical provider not to use or disclose any part of your PHI for the purposes of treatment, payment, or health care operations. You may also request that any part of your PHI not be disclosed to family members or friends who may be involved in your care or for notification purposes, such as assisting in the notification of such individuals regarding your location and general condition. While medical provider will consider all requests for additional restrictions carefully, they are not required to agree to a requested restriction, unless the disclosure is to a health plan for a payment or health care operation purpose and the medical information relates solely to a health care item or service for which we have been paid out-of-pocket in full. Your request must state the specific restriction requested and to whom you want the restriction to apply. This request must be in writing.

You have the right to request to receive confidential communications

You may request to receive your PHI by alternative means of communication or at alternative locations. For example, you can request that a medical provider only contact you at work or by mail. To request confidential communications, you must make your request in writing. Medical provider will not ask you for the reason for your request. Medical provider will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.

You have the right to amend your records

You have the right to request that the medical provider amend PHI maintained in your medical or billing records generated by medical provider or their providers. If you desire to amend your records, your request must be in writing. Medical provider will comply with your request unless they believe that the information that would be amended is accurate and complete or other special circumstances apply. If Medical provider denies your request, you will be permitted to submit a statement of disagreement for inclusion in your records.

You have the right to receive an accounting of disclosures

Upon written request, you may obtain an accounting of certain disclosures of your PHI made by medical provider during a certain period. Your written request should indicate in what form you want the list (for example, on paper or electronically). If you request an accounting more than once during a twelve month period, medical provider may charge you for the costs involved in fulfilling your additional request. Medical provider will inform you of such costs in advance, so that you may modify or withdraw your request to save costs. In addition, they will notify you as required by law if there has been a breach of the security of your PHI.

Social media

In order to maintain a professional relationship consistent with professional standards, providers are not permitted to have interactions and communications with patients outside of the normal practices necessary for treatment. Interactions and communications between patients and providers must adhere to applicable federal and state laws and be supported by the provider’s code of ethics. Patients and providers are required to respect the privacy of each other’s presence on social media and to maintain strict professional boundaries and an overall professional relationship focused on treatment.

Protocol for communications

All communications between patients and providers must occur via phone or the use of the medical providers secure platform. In the event a patient needs to reach a provider prior to the next scheduled session to communicate information that is of importance to the scheduling of the next session, treatment, or for another pertinent reason, the patient should contact its medical provider during normal business hours.

  1. OUR PLEDGE REGARDING YOUR FINANCIAL INFORMATION

This Notice applies to all of the financial records generated by SPOTCHECKUP. All financial records created will be held confidentially by SPOTCHECKUP, unless we are required by law to disclose the information.

  1. HOW WE MAY USE AND DISCLOSE FINANCIAL INFORMATION ABOUT YOU

SPOTCHECKUP will only use your financial information to transact business with you and for everyday business purposes of the company. We will not share this information with any unauthorized affiliates or non-affiliates. SPOTCHECKUP will not collect any medical information. All medical information will be collected by your medical provider.

  1. OUR PLEDGE REGARDING OUR WEBSITE

No data transmission over the Internet can be guaranteed to be 100% secure. But, we strive to protect your personal information from unauthorized access, use, or disclosure. When you interact on our web site, all of your information is transmitted through the Internet using Secure Socket Layers (SSL) technology. SSL technology causes your browser to encrypt your information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our web site from capturing and viewing your personal information. Once your information leaves our Secure Site, SPOTCHECKUP is no longer able to control further disclosure of your information. If you choose to share your PHI over email, you acknowledge the risk of unsecured communication. Additionally, you should be aware of the information collected through cookies. Cookies are text information files that your web browser places on your computer when you visit a website. Cookies assist in providing non-personal information from you as an online visitor. It can be used in the customization of your preferences when visiting our website. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. We use a third-party tracking service which uses cookies to track non-personally identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. We have no access to or control over these cookies. This Notice covers the use of cookies by our company only and does not cover the use of cookies by any third-party.

VII. CHANGES TO THIS STATEMENT

SPOTCHECKUP will occasionally update this Notice of Privacy Practices to reflect company and customer feedback, or as regulated by federal and/or state law. This Notice is effective for personal information we already have about you as well as any information we receive in the future. SPOTCHECKUP encourages you to periodically review this Notice to be informed about how SPOTCHECKUP is protecting your information. In addition, at any time you may request a copy of the most current Notice in effect.

VIII. CONTACT

If you have any questions about this Notice of Privacy Practice or would like a paper copy, please contact us via mail or e-mail: StratoScientific, LLC. 19125 North Creek Pkwy #120, Bothell, WA 98011, Info@stethio.com.

(EFFECTIVE AND REVISED 10/01/2024)