Last revised: November 12, 2021
Last revised: November 2021
Note, Alloy Health, Inc. (“Alloy,” “we,” “us,” and “our”) is not a medical group. Any telemedicine consults obtained through our Website are provided by independent United States based medical practitioners (each, a “Provider”). Provider (or your own medical provider if you do not use a Provider) is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not Alloy. If you do not agree to be bound by those terms, you are not authorized to access or use our Website, and you must promptly exit our Website.
1. Services Provided - No Medical Care or Advice by Alloy
The Providers are independent of Alloy. Any information or advice received from a Provider comes from them alone, and not from Alloy. Your interactions with the Providers you may access via the Website are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Alloy, nor any of its subsidiaries or affiliates or any third party who may promote the Website or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider accessed via the Website or Service, nor any information obtained on the Website. Alloy does not recommend or endorse any specific Providers, tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Website or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
Alloy does not make any representations or warranties about the training or skill of any Providers who deliver services via the Website or Service. You will be provided with available Providers based solely on the information you submit to the Website. You are ultimately responsible for choosing your particular Provider.
The content of the Website and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Alloy. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Alloy, or in connection with any communications supported by Alloy, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Alloy facilitates your selection of, and may assist in the communications with, Providers, Alloy does not provide medical services, and the doctor-patient relationship is between you and the Provider you select.
The medical services, treatment, and care you receive may vary depending on the Provider you interact with. Please contact your Provider directly for any questions regarding your care or medical treatment.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Alloy’s Website and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Website. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Risks of Telehealth Services
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person health care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by the Providers through the Website. You agree that Alloy is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
Certain products available through the Website require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Website, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.
If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. Alloy fully honors patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice.
Not an Insurance Product
Alloy is not an insurer. The Services are not insurance products, and the amounts you pay to Alloy is not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
The price for Products and Services contains multiple components, including Provider-provided components (including assistance in securing any requisite prescription medications, unlimited messaging, and provision of technology and a telehealth platform, and telemedicine consultations, as needed), pharmacy-provided components (including the cost of any prescription medication), and Alloy-provided components (including business support, marketing, IT, and customer support services as the operator of the initial landing page). All prices for Products and Services are subject to change with or without notice to you.
3. Availability of Services
Alloy operates subject to state and federal regulations, and the Services may not be available in your state. You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Website or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States. Accessing the Website or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
4. Ordering and Purchasing of Services
We charge a subscription fee for you to use and access the Website and its features, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription seven (7) days before the end of the then-current subscription period by sending an email to firstname.lastname@example.org stating your request to cancel your membership. If you cancel your subscription, your account will automatically close at the end of your current billing period. Alloy may change the price for your Alloy subscription from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Alloy Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect.
5. Website Access, Security and Restrictions
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Website, deep-link to any feature or content on the Website, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Website. Violations of system or network security may result in civil or criminal liability. Alloy may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
__6. Electronic Communications __
When you use the Website or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Alloy and your Provider may contact you by telephone, mail, or email to verify your information. Alloy and your Provider may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Services. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Services until you provide the information to us as requested.
7. Consent to Receive Calls and Text Messages and Video Recording
By providing your mobile number, you are agreeing to be contacted by or on behalf of Alloy at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Website and Services. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Website features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.
8. Ownership Of The Website And Related Materials; Additional Restrictions
All pages within this Website and any material made available for download are the property of Alloy, or its licensors or suppliers, as applicable. The Website is protected by United States and international copyright and trademark laws.
9. No Users Under 18 Years Old
In order to access the Website and the Services, you represent and warrant that you are older than 18 years old. If you are under the age of 18, please do not attempt to register with us at this Website or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at email@example.com.
10. Accuracy of Information; Functionality
Although Alloy attempts to ensure the integrity and accurateness of the Website and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Website, Service descriptions and other content on the Website. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Alloy so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, Alloy shall have no responsibility or liability for information or content posted to the Website from any non-Alloy affiliated third party.
Alloy and your Provider each reserves complete and sole discretion with respect to the operation of the Website and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Website or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Website or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Website or the Services in accordance with our internal record retention or destruction policies.
11. User Information
If you submit, upload, post, or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Website (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Website users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Alloy and your Provider that you have the legal right and authorization to provide all User Information to Alloy and your Provider for use as set forth herein and required by Alloy and the your Provider.
Alloy or your Provider may de-identify your information such that it is no longer considered protected health information or personally identifiable information. Alloy or your Provider may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
You agree not to: (i) access the Website or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Website or the Services; (v) use robots or scripts with the Website; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Website; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Alloy; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal health information about any other individual who uses the Website or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
You agree to defend, indemnify, and hold harmless Alloy and the Providers from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Website or other use of the Website and/or Services in breach of this Section 11.
12. Intellectual Property
With the exception of your electronic medical record, Alloy and your Provider, as applicable, retain all right, title, and interest in and to the Website, the Services and any information, products, documentation, software, or other materials on the Website, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Website licensed by Alloy or your Provider (in that case, the license provider retains all right, title, and interest therein). The information available through the Website and the Services is the property of Alloy or your Provider, as applicable. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Alloy or your Provider trademarks, service marks, and logos are strictly prohibited without the prior written permission of Alloy or your Provider, as applicable. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Website. Nothing contained on the Website should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Website without the written grant thereof by Alloy, your Provider, or the third party owner of such trademarks, service marks, or logos. The Website may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Alloy may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
13. CAN-SPAM Act and Telephone Consumer Protection Act Compliance
Alloy and your Provider are committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in Section 7, above (Consent to Receive Calls and Text Messages and Video Recordings). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section “How to Contact Us.”
14. Disclaimer of Warranties
ALLOY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. ALLOY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE SITE-RELATED SERVICES.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY ALLOY ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY ALLOY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. ALLOY DOES NOT GUARANTEE THAT THROUGH USE OF OUR SERVICES, ANY PRESCRIPTIONS WILL BE WRITTEN FOR YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR WEBSITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. ALLOY SHALL NOT BE LIABLE FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
15. Limitation of Liability Regarding Use of Website
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
ALLOY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE PROVIDERS. ALLOY AND ANY THIRD PARTIES MENTIONED ON THIS WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, WEBSITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR WEBSITE-RELATED SERVICES, IS TO STOP USING THE WEBSITE OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF ALLOY TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE IS $500 (FIVE HUNDRED DOLLARS).
16. No Third Party Rights
18. Dispute Resolution; Arbitration Agreement.
We will try work in good faith to resolve any issue you have with the Website and/or Services, including products and services ordered or purchased through the Website, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
YOU AND ALLOY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Alloy agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. 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.
19. Force Majeure
21. Website Support; Functionality
All questions and requests relating to Website support must be directed to Alloy. To submit a support request, please email us at firstname.lastname@example.org. The Select Third Parties, as defined in Section 23, are not responsible for providing support for the application portions of the Website and may not be contacted for support. Alloy will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Website at any time, without notice.
22. Modified Devices and Operating Systems
Alloy will have no liability for errors, unreliable operation, or other issues resulting from use of the Website on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Website on Modified Devices will be at your sole and exclusive risk and liability.
23. No Liability for Select Third Parties
24. Revisions; General
How to Contact Us: Alloy Health, Inc. 31 Bond Street New York, NY 10012 E-mail: email@example.com