Terms and Conditions

Effective as of February 23, 2024

D/fferent, LLC, its subsidiaries, affiliates, and contracted medical practice entities (collectively referred to as "Different Health," "we," "us," or "our") operate this website and other related websites and mobile applications with links to these Terms of Use (collectively, the "Website"). We provide practice management and technology services to medical practices to enable their patients to obtain treatment from appropriately licensed professionals ("Providers"), including medical treatment furnished via telehealth (the "Services").

Different Health provides the Website for your personal non-commercial use, conditioned on your acceptance of the following terms of use (these "Terms of Use"). By accessing, browsing, and/or using the Website, you agree to follow and be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Website.

Please also review the PRIVACY POLICY, as it contains important information regarding the collection and use of information that you provide through the Website. Agreeing to these Terms of Use includes an agreement to our Privacy Policy, which is incorporated by reference as though fully set forth herein. If there is a conflict between the Terms of Use and the Privacy Policy, the Privacy Policy shall have precedence concerning the subject matter covered by it.

ALL PROFESSIONAL MEDICAL SERVICES OFFERED ON THE WEBSITE ARE PROVIDED BY A GROUP OF INDEPENDENT MEDICAL PRACTICES CALLED DIFFERENT HEALTH MEDICAL. THESE TERMS OF USE DO NOT APPLY TO THOSE PROFESSIONAL MEDICAL SERVICES. THE DIFFERENT HEALTH MEDICAL PATIENT AGREEMENT OUTLINES THE TERMS AND CONDITIONS RELATED TO ANY PROFESSIONAL MEDICAL SERVICES OFFERED THROUGH THIS WEBSITE.

MODIFICATION OF THESE TERMS OF USE

We may revise these Terms of Use at any time, in our sole discretion, without notice to you. Any changes to the Terms of Use will be effective when posted to the Website (the effective date of the most recent Terms of Use appear at the top of these Terms of Use). We recommend reviewing the Terms of Use periodically, as your use of the Website following any posted revisions signifies your acceptance of the revised Terms of Use.

WEBSITE/CONTENT USE

Limited License

You may view, copy, or print the content of the Website, such as text, information, data, graphics, images, and other material (the "Content") from the Website solely for personal, non-commercial purposes. You may not otherwise copy, display, publish, transmit, or exploit the Content of the Website or link to the Website without Different Health's prior written consent. As a condition of your use of the Website, you warrant that you will not violate any local, state, federal, or international laws in accessing or using the Website, or using the Website or any of its content for any purpose that is prohibited by these Terms of Use. Subject to your compliance with these Terms of Use, Different Health grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view, download, and print the Content solely in connection with your permitted use of the Website and solely for your personal and non-commercial purposes.

Prohibited Uses

Any commercial or promotional use, distribution, reproduction, or other exploitation of the Website, or any Content, code, data, or materials on the Website, is strictly prohibited unless you have received express prior written permission from us. Other than as expressly allowed in these Terms of Use, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any Content, code, data, or materials on or available through the Website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the Content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. If you make other use of the Website, or the Website's Content, code, data, or materials, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

You shall not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail or other addresses, contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website, including without limitation any information residing on any server or database connected to the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information (i.e., hacking) through any means; (iii) use the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use the Website in violation of our or any third party's intellectual property or other proprietary or legal rights; (v) insert your own or a third party's advertising, branding, or other promotional content into any of the Website's Content, materials, or services, or (vi) use the Website in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.

Mobile Terms of Service The Different Health mobile message service (the "Service") is operated by Different Health ("Different Health," "we," or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to Different Health's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Different Health through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program to make any purchases, and your consent is not a condition of any purchase with Different Health. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +16313378647 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Different Health mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP at +16313378647 or email HELLO@DIFFERENTHEALTH.COM. We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our PRIVACY NOTICE.

TRADEMARKS AND COPYRIGHTS

As the user of the Website, you understand that we own or have licensed from third parties (including the providers of Content), the right, title, and interest in and to the Website, the Content, code, data, and materials used in connection with the Website, the look and feel, design and organization of the Website, and the compilation of the Content, code, data, and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein.

The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed or used on the Website or on material available through the Website are our registered and unregistered Trademarks and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Website, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website is strictly prohibited.

MEDICAL DISCLAIMER

The Website is intended for informational purposes only and should not be construed as providing specific medical advice. Nothing on the Website is intended to take the place of proper medical advice, diagnosis, or treatment. Different Health makes no representations or warranties, whether express, implied in law, or residual, as to the accuracy, completeness, or reliability of information, opinions, data, or content contained on the Website. It shall not be bound in any manner by any information contained on the Website. You should contact your physician or other healthcare professionals directly for advice about any particular conditions or concerns. Never disregard or delay seeking professional medical advice because of something you have seen or read on the Website. Reliance on information found on or about the Website is solely at your own risk.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Additionally, any Providers who deliver the Services and who are licensed professionals are independent professionals practicing within a group of independently owned professional practices, where applicable. Different 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 the Providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Different Health nor any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice you obtain from a Provider.

AT-HOME TESTING CONSENT

ELECTRONIC CORRESPONDENCE

Through your use of the Website, you consent to receive emails, texts, or other communications from us pertaining to your care and your health or, as applicable, your patient’s care and health, and use of the Services. By utilizing our Website or replying to our emails or texts in the course of obtaining the Services, you acknowledge that you are aware that email/text is not a secure method of communication, and that you agree to the risks. If you would prefer not to exchange personal health information via email, please notify us at HELLO@DIFFERENTHEALTH.COM or follow the opt-out instructions included in such email or text, if any.

USER INFORMATION

In the course of your use of the Website, you may be asked to provide certain personalized information to us. Our information collection and use policies concerning the privacy of such information are outlined in the PRIVACY POLICY.

You represent and warrant that you own all of the material submitted to our Website and that you have all rights necessary to grant us the license to use such material.

To obtain Services, you will be required to create a user account (your “User Account”). Our Services are designed and intended for those who are at least 18 years of age and vary based on your state of residency. By creating a User Account, you represent and warrant that you are at least 18 years of age or older. If we determine at any time that a child under the age of 18 has created a User Account, we will terminate such child’s User Account and remove all information regarding such child from our systems. If you are under the age of 18, please consult a parent or guardian for help.
Notwithstanding the preceding, the Services may be available for use by children under the age of 18, but the User Account for all patients under the age of 18 must be created by the patient’s 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 of Use and will provide any information about the minor patient directly on behalf of such patient. Our Services are subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.

It is your responsibility to provide us with accurate, complete, and up-to-date information for your User Account (“User Account Information”). You agree to update such User Account Information, as needed. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur on your User Account or any other breach of security. You agree to (a) notify us immediately if you suspect any unauthorized access to your User Account and (b) log off each time following your use of your User Account. We are not liable for any loss or damage arising from your failure to comply with this provision. Use caution when accessing your User Account from a shared or public computer.