Last Revised: 08/31/2022
These Terms of Service (“Terms”) govern your access to and use of the services provided by Summer Health, Inc. (“Summer Health”) through the Summer Health websites located at https://www.summerhealth.com/and other related websites, web-based applications, mobile applications and messaging services (collectively, the “Site”), as well as services provided by Summer Health Medical Group, P.A and its affiliated medical groups (collectively, “Summer Medical”) that include personal healthcare services (the “Services”) provided by Summer Health and Summer Medical (collectively, “Summer”, “we”, “us”, or “our”).
Please read these Terms carefully before using the Site or the Services. By accessing or using the Site you agree to be bound by these Terms. If you are accepting these Terms for another person (“Family Member”) as such Family Member’s lawful parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member.
Please note that these Terms contain provisions that govern the resolution of claims between us and you, including an arbitration agreement, class action waiver, and jury trial waiver that affect your rights. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court.
Summer Health provides administrative services to the Summer Medical professional groups, which operate under a variety of business structures according to the laws of the various states/regions in which Summer Medical provides healthcare and related services. Summer Medical provides healthcare and other services, including pediatric telehealth services. Summer Health does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by Summer Medical or other third parties.
Use of the Services by Children
The Services are available for use by children (under 18 years of age), but children are not authorized to become Members and may not use the Services without the supervision and verifiable consent of a parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms.
Updates to the Terms
We may modify these Terms from time to time. We will notify you of material changes by posting the amended terms on our website and the mobile application(s) at least fifteen (15) days before the effective date of the changes. If we have your email on file, we may also notify you of material changes to the Terms by email at least fifteen (15) days before the effective date of the changes. Please make sure we have your current email address so that you will receive notice of any material changes. If you do not agree with the proposed changes, you agree to discontinue your use of the Site before the effective date of the changes. If you continue using the Site after the effective date, you will be bound by the updated Terms.
Account Registration and Security
You may use the Site only for your own personal, non-commercial use. If you are registering on behalf of your Family Member, your Family Member may only use the Site for their own personal, non-commercial use. To access certain features of the Site or to become a member, you will have to create an account by entering your name, address and certain other information collected by Summer Health (collectively, “Account Information”). It is important that you provide us with accurate and complete Account Information and update as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account and if any information you provide relating to your account becomes inaccurate, incomplete or otherwise false or misleading. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage if you do not protect your account or your personal information.
Service Use Termination
You may terminate these Terms by ceasing to access and use the Site. We may terminate your use of the Site at any time by sending notice to you at the address or email you provided or otherwise contacting you or posting a notice on the Site. If we terminate your use of the Site because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refunds of services provided. We are not required to provide you with notice prior to terminating your use of the Site or a reason for such termination. In order to protect the integrity of the Site, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Site.
Use of the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Site solely for your personal and non-commercial purposes. Your use of the Site must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Site.
The following is a list of the type of actions that you may not engage in with respect to the Site or Services:
- You will not promote, encourage, or engage in defamatory, abusive, libelous, obscene, threatening, harassing, hateful or otherwise objectionable behavior.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, "data mine", or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents
- You will not interfere, access, tamper with or disrupt the Site or the servers or networks connected to the Services;
- You will not attempt to probe, scan or test the vulnerability of the Site or any of our systems or network or breach any security or authentication measures;
- You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
- You will not use the Site or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
- You will not use, display, "frame" or "mirror" any part of the Site, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us;
- You will not collect or store any personal information, including personally identifiable information, from users without their express permission;
- You will not provide any inaccurate, incomplete, false or misleading information, including regarding your identity or medical condition, when using the Site;
- You will not allow any other person to use your account, username or password to access the Site, unless otherwise permitted herein; and
- You will not assist or permit any person to engage in any of the activities described in this Section.
Payment and Billing
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor, Stripe) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (each, a “Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or canceled. You must resolve any payment method problems before we proceed with your Transaction. If you want to change or update your payment method information, you can do so at any time by logging into your account.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
When you register for a subscription (“Subscription”), you expressly acknowledge and agree that (a) your Subscription automatically renews and Summer (or our third-party payment processor) is authorized to charge you on a monthly basis for your Subscription (in addition to any applicable taxes and other charges) for as long as your Subscription continues, and (b) your Subscription continues to automatically renew until you cancel it or we suspend or stop providing access to the Site in accordance with these Terms. Your Subscription type, current price, payment method, and next billing date will be confirmed in an acknowledgement email after you register. You will also receive a payment receipt each time your card on file is charged. When you register for a monthly Subscription, you understand and agree that you are obligated to an initial one-month, non-cancellable period (“Non-Cancellable Period”). After the Non-Cancellable Period, you may cancel your monthly Subscription at any time by contacting email@example.com and requesting a cancellation of your subscription. We reserve the right to change Subscription prices or this Subscription Policy at any time in our sole discretion. If prices or material terms of this Subscription Autorenewal Policy are changed, you will be notified by email prior to the change, and the change will not apply to any Subscriptions within the one-month minimum period.
Consent to Electronic Communications
You agree that We may send the following to you by email or, where appropriate, by posting them on Site: legal disclosures, privacy notices, privacy policies, these Terms, future changes to any of the foregoing and other notices, policies, communications or disclosures and information related to the Services.
You agree that We may communicate with you via email, phone, text, or mail regarding prospective Services. Text messages and emails are not always secure because they travel over networks that We do not own or control. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and Summer Health and/or Summer Medical.
You may opt out of certain types of electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Summer Health or Summer Medical. Your withdrawal of consent will be effective within a reasonable time after we receive notice of your withdrawal. We will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.
Warning About Sending Health Images Via Text or Email
Summer Medical intends to provide high-quality pediatric care accessible via SMS text. In some instances, you may seek care for your child’s specific physical condition. While we invite you to share information that is relevant to Summer Medical’s provision of care, please do not send photos of the private reproductive areas of your child’s body to us via SMS text or email. We understand that the photos may be relevant to your child’s condition, but we do not want photos of your children’s private reproductive areas falling into the wrong hands. In addition, some network providers have algorithms in place to detect child obscenity sent through SMS text or email; we do not want a well-intentioned photo to trigger an investigation for child obscenity (for us or you). We strongly encourage you to discuss the condition with a Summer Medical Health Care Professional before sending any photos and then only send photos as requested by the Health Care Professional.
Intellectual Property Rights
Summer and our licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Site and the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by Summer Health, Summer Medical, or other respective owners.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at https://www.copyright.gov. In accordance with the DMCA, Summer has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to 3500 South Dupont Highway City of Dover County of Kent, Delaware 19901 or firstname.lastname@example.org.
Links to Third Party Websites
The Site may contain links to other sites that are owned and operated by third parties. We are not responsible for the privacy and security practices or the content, advertising, products, services or other materials made available on or through any such linked sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any kind by us.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Summer.
We make no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in locations outside the United States or all states and territories within the United States.
ACCESS TO THE SITE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SUMMER DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE MATERIALS ON THIS SITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUMMER DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO ANY INFORMATION OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, SUMMER DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES SUMMER MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
Limit of Liability
IN NO EVENT SHALL SUMMER HEALTH OR SUMMER MEDICAL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any dispute, claim or controversy (that is not resolved informally as set forth below) between you and Summer and their agents, employees, officers, directors, principals, successors, assigns, subsidiaries, affiliates (collectively for purposes of this section, “Summer”) arising from or relating in any way to: (1) these Terms and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms; (2) your use of any Site owned or operated by Summer; or (3) any products or services sold or distributed by Summer or through any website owned or operated by Summer (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court. Covered Disputes shall be interpreted broadly.
Mandatory Informal Dispute Resolution
Summer seeks to resolve disputes informally where possible. Before formally pursuing a Covered Dispute in arbitration, you agree to first send a detailed notice (“Notice”) to Summer by email at email@example.com. Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; and (3) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking. You must personally sign this Notice. You and Summer agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Summer request a telephone conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you may initiate an arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by you or Summer. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.
Initiating Arbitration and Arbitration Rules
Any arbitration between you and Summer Health or Summer Medical shall be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Legal Disputes Section. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address firstname.lastname@example.org. If NAM is unavailable or unwilling to administer the proceeding under the Legal Disputes Section as written, the parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) in effect at the time any demand for arbitration is filed with AAA, as modified by this Legal Disputes Section. If the AAA is unavailable or unwilling to apply this Legal Disputes Section as written, the parties shall mutually agree on an alternative administrator that will administer the proceeding under the Legal Disputes Section as written. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator that will do so. Any arbitration will be held before a single neutral arbitrator.
Payment of all filing, administration and arbitrator fees will be governed by the NAM Rules (or the AAA Rules should AAA be the designated administrator as set forth above). Upon a showing of financial hardship, Summer will consider your request to promptly reimburse your portion of the arbitration fees provided for in the NAM (or AAA) Rules.
The arbitrator has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) 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. The arbitrator may not award relief for or against anyone who is not a party to the proceeding. The arbitrator is bound by and must follow the terms of these Terms as a court would. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to address the essential findings and conclusions of law on which the award is based. The arbitration award shall be binding only between you and Summer (as defined above) and shall have no preclusive effect in any other arbitration or proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals. The arbitrator may award fees and costs as provided by the NAM Rules (or the AAA Rules if AAA is the designated administrator as set forth above) or to the extent such fees and costs could be awarded in court or if the arbitrator determines that a claim, proceeding, or defense was frivolous or brought for harassment, for an improper purpose, or in bad faith. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award.
Sole Exceptions to Arbitration
Notwithstanding the foregoing, in lieu of arbitration: (1) either you, Summer Health or Summer Medical may elect to have an individual claim heard in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim and is not appealed or removed to any court of general jurisdiction; and (2) you agree that you or Summer may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Jury Trial and Class Action Waiver
You, Summer Health and Summer Medical agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the Commonwealth of Massachusetts apply. Should any action proceed in court (other than in small claims court), you consent to the exclusive jurisdiction of the federal and state courts of the Commonwealth of Massachusetts.
All physicians and other clinicians (“Healthcare Professionals”) performing licensed clinical services on the Sites hold the professional licenses issued by the professional licensing boards or agencies in the states where they practice. All physicians hold advanced degrees in medicine and have undergone postgraduate training. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the state where the care was received. In the State of New York, complaints which relate to professional conduct should be made to the Office of Professional Misconduct (OPMC). You can find the contact information for each of the state professional licensing boards governing medicine on the Federation of State Medical Boards website. Any clinical records created as a result of your use of the Services will be securely maintained by Summer Health on behalf of Summer Medical for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, which is typically at least six years.
These Terms make up the entire agreement relating to your use of the Services and supersede all prior agreements relating to the subject matter hereof. We may change, suspend, or discontinue any of the Services at any time. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent. Summer Health and/or Summer Medical may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. No delay or omission by Summer to exercise any right or power it has under these Terms shall impair any such right or power or be construed as a waiver of any succeeding breach. Any waivers by Summer must be in writing and signed by an authorized representative of Summer.
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Site and the Services. You should know that we can, but are not obligated to, use your Feedback without restriction or any obligation to compensate you, and aside from the laws governing the confidentiality of healthcare information, we have no obligation to keep them confidential.
Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination.
If you have any questions about these Terms, please contact us via email at email@example.com.