Membership-based Primary Care
Your health is our top priority
(617)-263-0002
Priority Care Boston
TERMS AND CONDITIONS OF USE
EFFECTIVE DATE: May 1, 2025
RemoteCare Providers, LLC, dba Priority Care Boston (“Priority Care Boston”, “we”, “us” or “our”) operates this website: www.prioritycareboston.com (the “Site”) to provide and make
available certain information and services (collectively, the “Services”).
YOUR USE OF THE SITE AND OUR SERVICES IS GOVERNED BY THESE TERMS AND
CONDITIONS OF USE (THE “TERMS”), AND BY USING THE SITE OR OUR SERVICES
YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO
THESE TERMS, YOU MAY NOT USE THE SITE OR OUR SERVICES. BY CLICKING
“ACCEPT”, YOU AGREE TO BE BOUND BY THESE TERMS AND YOU FULLY ACCEPT THESE TERMS AND CONDITIONS OF USE AS SET FORTH BELOW. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE AND OUR SERVICES. THESE TERMS SHALL APPLY TO YOU, AS WELL AS YOUR AGENTS, EMPLOYEES, ASSIGNS AND SUBCONTRACTORS.
YOU MAY NOT USE THE SITE OR OUR SERVICES UNLESS YOU ARE 18 YEARS OF
AGE OR OLDER.
YOU MAY NOT USE THE SITE IF YOUR USE IS PROHIBITED BY LAW IN YOUR
JURISDICTION(S) AND YOU MAY NOT USE THE SITE TO INTERACT WITH A SETMD
CARE BOSTON LICENSED MEDICAL PROFESSIONAL (THE “PROVIDER”) WHO IS NOT
LOCATED OR LICENSED IN THE STATE IN WHICH YOU ARE LOCATED.
IT IS IMPORTANT FOR YOU TO UNDERSTAND THAT THE SERVICES ARE IN
ADDITION TO, AND NOT A SUBSTITUTE FOR, YOUR RELATIONSHIP WITH YOUR
PRIMARY CARE PHYSICIAN OR OTHER MEDICAL PROVIDER. DO NOT USE THE
SITE OR OUR SERVICES FOR AN EMERGENCY. IF YOU NEED OR SUSPECT THAT
YOU NEED IMMEDIATE OR PROMPT MEDICAL ASSISTANCE, CALL 911
IMMEDIATELY OR VISIT YOUR NEAREST EMERGENCY ROOM.
THE SITE.
The Site connects individuals seeking non-emergency episodic care with the
Providers through messaging, voice or video on mobile devices or on computers. The Services
include non-emergency appointments with Providers, prescriptions and referrals for care using
asynchronous texting and messaging services which are provided in concert with a messing
platform, Klara. If an individual seeking care requires further healthcare services, such individual
can use the Site to set up a voice or video telehealth appointment with a Provider. The Site relies
on certain proprietary systems, software and confidential information. We reserve complete and
sole discretion with respect to the operation of the Site. You agree to use the Site “as is” and
without any warranties. Subject to applicable law, we may, among other things, and without your
approval, and without liability, withdraw, revise, suspend or discontinue any functionality or part
of the Site or any other service available to you under these Terms. As we further develop the
Site, we may decide to add to, change, reduce or eliminate functions or parts of the Site. In such
event, your access to the Site and the information on the Site may be limited or unavailable on a
temporary or permanent basis.
The delivery methods of medical treatment through electronic means are not appropriate for
emergent or potentially emergent medical situations or occurrences. The Services provided
through the Site may not be appropriate for certain types of patients and conditions. Our
Providers may, subject to applicable law, discontinue care if they believe that the limitations of
telehealth and telemedicine significantly undermines your quality of care.
There may be certain risks involving the use of telemedicine and telehealth including, but not
limited to:
Information that is transmitted (i.e., images) may not be sufficient to allow the
provider to make an informed and appropriate medical determination;
The Provider may not be able to provide medical treatment using electronic
services;
Delays in medical evaluation, treatment, diagnosis and referral may be occur
pursuant to technological or other issues or failures of the equipment and software
utilized by the Site;
Security protocols may fail, which can result in the breach of your Protected
Health Information (“PHI”), as defined in the Health Insurance Portability and
Accountability Act of 1996, as amended (“HIPAA”); and
Limited access to your complete medical records may result in errors in medical
judgment.
No rights are granted to you with respect to the Site and the associated system, software or data,
except as explicitly set forth in these Terms. We are not responsible for transmission errors or
corruption or compromise of information for any reason. You acknowledge and agree that you
are responsible for obtaining and maintaining all telecommunications, broadband, and computer
hardware, equipment and services needed to access and use the Site, and for paying all charges related thereto. We do not operate or control the Internet or your connection, so we cannot and do not warrant, make any representations concerning or guarantee that the Site will be error or virus free, invulnerable to hackers or other unauthorized users, or always available. We are not responsible for maintaining information arising from use of the Site, unless authorized by applicable law. Subject to applicable law, we reserve the right to maintain, delete or destroy all communications and information posted or uploaded to the Site in accordance with our internal record retention and any other applicable policies.
DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE
IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL
RISK OR DAMAGES ASSOCIATED THEREWITH, INCLUDING ANY LOSS OF DATA.
ALL INFORMATION, SITES, PRODUCTS OR SERVICES CONTAINED ON OR
PROVIDED THROUGH THE SITE AND/OR OUR SERVICES ARE PROVIDED “AS IS”
AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW
ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN
TRADE. Priority Care Boston AND ITS MEMBERS, AFFILIATES, DIRECTORS, OFFICERS,
MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES HEREBY DISCLAIM ALL
WARRANTIES, INCLUDING, BUT NOT LIMITED, TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-
INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS OR MALWARE.
THE SITE MAY CONTAIN LINKS TO THIRD PARTY WEB SITES OR FRAME
INFORMATION FROM OTHER WEB SITES THAT ARE NOT UNDER THE CONTROL OF
Priority Care Boston. WE MAKE NO ENDORSEMENTS, WARRANTIES OR
REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE WEB SITES,
INCLUDING BUT NOT LIMITED TO THE INFORMATION, PRODUCTS, SOFTWARE,
MATERIALS, SERVICES OR CONTENT CONTAINED ON THOSE WEB SITES. YOUR
DECISION TO ACCESS ANY SUCH OTHER WEB SITES THAT DO NOT BELONG TO US
OR THAT ARE NOT UNDER OUR CONTROL SHALL BE ENTIRELY AT YOUR OWN
RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES AND
CONDITIONS OF USE OF OTHER WEB SITES LINKED TO THE SITE MAY BE
MATERIALLY DIFFERENT FROM THESE TERMS, ESPECIALLY WITH RESPECT TO
THE USE AND COLLECTION OF YOUR PERSONAL INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Priority Care Boston DOES
NOT WARRANT THAT: (A) THE SITE OR OUR SERVICES WILL BE UNINTERRUPTED
OR ERROR FREE; (B) ANY DEFECT OR ERROR WILL BE CORRECTED; (C) THE SITE
OR OUR SERVICES WILL BE SECURE AND FREE OF VIRUSES, MALWARE OR
OTHER HARMFUL COMPONENTS; (D) ANY CONTENT PROVIDED THROUGH THE
SITE AND OUR SERVICES WILL BE CURRENT OR ACCURATE; OR (E) THAT A
PARTICULAR SERVICE OR PROVIDER YOU SEE ON THE SITE WILL BE AVAILABLE
TO YOU OR WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS
ENTIRELY AT YOUR OWN RISK.
PROPRIETARY RIGHTS. The Site is the proprietary property of Priority Care Boston and/or its third-party licensors. The Site may contain or reference trademarks, copyrights, patents, logos or other proprietary rights of Priority Care Boston (collectively, our “Intellectual Property”). As used in these Terms, “Content” means all text, information, materials, images, photos, graphics, artwork, logos, videos, audios, directories, listings, databases and other content included or inputted into the Site or provided to us in connection with the Site. You also acknowledge that the Content is and shall remain our property or the property of our licensors. The Content and Intellectual Property on the Site are the exclusive property of Priority Care Boston. Removing or altering any copyright or other legal notice included with the Content on the Site is prohibited. Priority Care Boston also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangements of the Site’s content.
Images, photos, graphics, artwork, logos, videos, audios, directories, listings, databases and other
Content displayed on the Site are either the property of, or used with permission by, Priority Care Boston. The use of this Content by you, or anyone else authorized by you, is prohibited unless
specifically permitted by these Terms or explicitly by us in a separate writing signed by an
authorized officer of Priority Care Boston. Any unauthorized use of the Content may violate copyright
laws, trademark laws, the laws of privacy and publicity, and potentially other statutes and
regulations. The Site may also contain or reference the intellectual property of third parties.
Descriptions of, or references to, products, logics, graphics, artwork, services, or publications
within the Site does not imply endorsement of that product, service, or publication. We make no
warranty of any kind with respect to the subject matter, quality or suitability of any such services
or products identified or described therein, or the completeness or accuracy of such Content.
You should not construe anything on the Site as granting, by implication or otherwise, any
license or right to use any of trademarks and service marks displayed on the Site or in connection
with the Services, without our prior written permission in each instance. Any unauthorized use,
reproduction or distribution of the Site, the Content or our Intellectual Property is strictly
prohibited, constitutes a material breach of the Terms and may result in civil and/or criminal
penalties and, in our sole discretion, the termination of your use and access of the Site and our
Services. We reserve all of our rights not granted in these Terms.
Priority Care Boston utilizes asynchronous messaging, video conferencing and telephone conferencing
technology. This technology is intended for the individual occurrence, its use is subject to these
Terms and video and telephone conferences are not permitted to be recorded in any way.
YOUR LIMITED RIGHT TO ACCESS THE SITE. Your ability to access the Site is subject
to these Terms and such other applicable contract(s) between Priority Care Boston and you or your
organization (“Agreement”), including, but not limited to, a license agreement, memorandum of
agreement and/or other contract. Your right to access and use the Site is strictly subject to these
Terms and the terms of such Agreement, if applicable. Any payment obligations on your part
shall be set forth in such Agreement. If you are using the Site on behalf of a licensee or other
Agreement with us, these Terms shall supplement your Agreement. To the extent that these
Terms conflict with any terms of your Agreement, the terms of the Agreement will control.
CONDITIONS OF ACCESS TO, AND USE OF, THE SITE. You agree to access and use the
Site only for lawful purposes, and in no event will you access or try to access any portions of the
Site to which you have not been granted access by us. You are solely responsible for the
knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your
use of the Site. Without limiting the generality of the above, by accessing the Site, you agree that
you will not:
● use the Site in any manner that violates these Terms or any applicable federal, state or
local law;
● use the Site to communicate or interact with a Provider who is not located or licensed in
the same state in which you are located;
● access or try to access the accounts of any individual other than yourself unless you are
expressly permitted to do so by law;
● impersonate another, or falsify account information, or make unauthorized use of another
person’s information;
● create links to or from our Site with or to any other web site or a portion of another web
site, or to frame any content contained on the Site, without our prior written permission;
● submit, upload, post or transmit any communications or information that is: unlawful;
threatening; harassing; abusive; obscene; sexually explicit; vulgar; offensive; excessively
violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or
misleading; defamatory; libelous; hateful; discriminatory or otherwise objectionable (in
our discretion);
● copy, reproduce, sell, rent, distribute, lease, transfer, modify or make derivative works
from the Site;
● remove, alter or tamper with any copyright, trademark or other proprietary rights or
aspects of the Site or legal notices contained in or obtained through the Site;
● decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any
proprietary software code or information associated with the Site;
● interfere in any way with the operation of the Site or any server, site, network, function or
system associated with the Site;
● use any automated program, tool or process (including, without limitation, web crawlers,
scrapers, robots, bots, spiders, software or automated scripts) to access the Site or any
server, network, site, function or system associated with the Site, regardless of the
purpose;
● transmit or distribute any advertising, marketing, promotion or any other unsolicited
materials in connection with your use of the Site;
● alter, damage, or delete any content or materials on the Site; or
● claim a relationship with or represent any business, association, or other organization
with which you are not authorized to claim such a relationship or to represent.
ACCOUNT ENROLLMENT, ELIGIBILITY AND SECURITY. In order to access the Site,
you represent and warrant that you are 18 years of age or older and possess the legal right and
ability to agree to these Terms, that you are registering for the Site under your own name and
will use the Site in accordance with these Terms. You agree to fully, completely, accurately and
truthfully create an account in connection with your use of the Site, including, but not limited to,
your name, mailing address, phone number, email and password, which become your Site ID and
credentials (“Credentials”). With respect to any registration, you understand and agree that an
email address that is already being used by someone else in connection with the Site is not
permitted, and that you may not impersonate another person or use another person’s credentials
to gain access to the Site. Your Credentials are personal to you, as the individual user, and you
are solely responsible for all activities that occur under your Credentials. You agree not to access
the account on the Site from a public computer or a system with inadequate security, and you
further agree to secure, keep secret and not to share your Credentials or any other information or
credentials concerning access to the Site and to immediately notify us of any actual or suspected
unauthorized use of your Credentials or other security concerns of which you become aware.
You understand that you are responsible for updating us as promptly as possible with changes to
your personal and account information so that all records are current, complete and accurate.
You have the obligation to notify and provide to us within five (5) days any change in
information previously provided during the enrollment process.
REVIEW OF ACCOUNT. In order to determine your compliance with these Terms, we
reserve the right, but not the obligation, to monitor your access to and the use of the Site. We
may, in our sole discretion, refuse to provide access to you in the event of any noncompliance
with these Terms and/or any other actual or potential misuse of your account or the Site. We may
suspend or terminate your account and/or your access to the Site, with or without notice to you,
if you do not comply with these Terms; if we are investigating a suspected violation of the
Terms; or for any other reason in the interest of the Site and the data being used in connection
with the Site. We shall not be liable to you or any third party for any such suspension,
termination, change or discontinuance of your Account.
OUR OBLIGATION; EXCLUSIVE REMEDY. Upon receipt of written notice, we will try to
repair in a commercially reasonable way any material defect that we can validate as a
reproducible material defect in the Site as determined in our sole discretion. You understand and
agree that this is your exclusive remedy under these Terms and that we are under no obligation to
take any further action in connection with your use of the Site, even if we have notice of the
issue or potential harm with respect to you or any third party.
ELECTRONIC COMMUNICATIONS; NOTICE. When you use the Site or send e-mails to
us, you are communicating with Priority Care Boston electronically and you consent to receive
communications from us electronically. We may communicate with you electronically by
sending e-mails or by posting notices on the Site or in connection with the Services. You agree
that all agreements, amendments, notices, notifications, disclosures and other communications
that Priority Care Boston provides to you electronically satisfy any legal requirement that such
communications be in writing. We may provide you with notices, including those regarding
changes to the Terms, by email, postings on the Site, or as permitted in any applicable
Agreement. If you have any questions about the Site or the Services, you may contact us at
drpaul@prioritycareboston.com. All notices that you provide to Priority Care Boston,
as may be required under these Terms, must be made in writing and shall be deemed given if
sent to our designed mailing address (below) by personal delivery or reputable overnight
delivery service. 3 Hawthorne Place, Suite 106, Boston,MA 02114
RELEASE OF INFORMATION. You represent and warrant to us that you are permitted and
legally authorized to release the information to us that you enter or input into the Site or share
with us in connection with your use of the Site, including, but not limited to, any health or
treatment information, including, but not limited to, PHI.
LIMITATION OF LIABILITY. IN NO EVENT WILL Priority Care Boston OR ANY OF ITS
AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU
(WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) OR RESPONSIBLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, THAT RESULT FROM, ARISE OUT OF,
OR ARE IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE,
THE SITE OR ANY ASSOCIATED FUNCTIONS OR INFORMATION CONTAINED IN,
ACCESSED THROUGH, MADE AVAILABLE ON OR OFFERED THROUGH THE SITE
OR, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGES. IF APPLICABLE LAW PROHIBITS THE DISCLAIMER OF DIRECT
DAMAGES, OUR AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES ARISING
OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO FIFTY U.S.
DOLLARS ($50.00).
THIS LIMITATION OF LIABILITY TO YOU IS LIMITED AS SET FORTH ABOVE,
EXCEPT AND ONLY THE TO EXTENT THAT ANY SUCH LIMITATIONS ARE
PROHIBITED BY APPLICABLE LAW.
FORCE MAJEURE. WE SHALL NOT BE LIABLE FOR ANY LOSSES ARISING OUT OF
THE DELAY OR INTERRUPTION OF OUR PERFORMANCES OF ANY OBLIGATIONS
DUE TO ANY ACT OF GOD, ACT OF GOVERNMENTAL AUTHORITY, ACT OF PUBLIC
ENEMY, WAR, SEVERE WEATHER CONDITIONS, FIRE, LABOR DIFFICULTIES OR
SHORTAGES, CIVIL DISTURBANCES, INTERRUPTIONS OF POWER, SUPPLY OR
COMMUNICATION OR ANY OTHER CAUSE BEYOND OUR CONTROL, INCLUDING
ANY NATIONAL EMERGENCY DURING WHICH THE WORLDWIDE INTERNET IS
NOT ACCESSIBLE ON A REGIONAL OR NATIONAL BASIS. AT OUR OPTION AND
SOLE DISCRETION, WE MAY AGREE TO APPROPRIATE TERMS OF ADJUSTMENT.
TERM AND TERMINATION.
(a) You are free to stop using the Site at any time. We reserve the right to suspend or
terminate your use of the Site if you fail to comply with these Terms, or you use the Site in a
manner that would cause us legal liability or harm, or at our sole discretion.
(b) Upon the termination of these Terms for any reason, you shall promptly cease all use of
the Site and any Content, data or materials not otherwise validly in your possession or that are
only available to you through or as a result of your access to the Site. Upon any termination or
expiration of these Terms or your Agreement for any reason, you shall purge from your files or
electronic systems (i) any of the components of the Site that may have been installed, saved or
available to you; and (ii) any Content, data or materials that are only available to you through or
as a result of your access to the Site.
PRIVACY AND SECURITY. By delivering access to the Site, we shall comply with HIPAA
and other applicable laws and regulations regarding the confidentiality of protected consumer
data, PHI or other protected personal information.
We take your privacy seriously. Your use of the Site now and in the future constitutes an
acknowledgement of the receipt of and acceptance of the terms of our Privacy Policy, which is
incorporated by reference into these Terms. Please read our Privacy Policy, which explains how
we collect and handle the personal data that we collect. Note that any third-party web sites linked
to the Site have their own privacy policies, which may differ from our policy. You are
responsible for reviewing the privacy policies of any such third-party web sites to assess and
determine whether these third-party privacy policies are acceptable to you. Subject to applicable
law, Priority Care Boston reserves the right to change its Privacy Policy without prior notice. You are
responsible for periodically reviewing our Privacy Policy.
PROVIDER PATIENT RELATIONSHIP. Subject to applicable law, you hereby
acknowledge and agree that a Provider-patient relationship shall not be established prior to (i)
your completion and submission of (a) an informed consent form; (b) a HIPAA authorization for
release of information form; and (c) a new patient intake form (the “Patient Intake Documents”);
(ii) being connected to a Provider; and (iii) the mutual determination by you and the Provider
that it is appropriate to enter into a provider-patient relationship.
ACKNOWLEDGEMENT OF RECEIPT OF NOTICE OF PRIVACY PRACTICES. You
hereby certify that you have received and reviewed Priority Care Boston’s Notice of Privacy Practices
which describes the types of uses and disclosure of your PHI and Priority Care Boston’s obligations in
connection to your PHI, among other information. The Notice of Privacy Practices is also posted
on the Site.
INTELLECTUAL PROPERTY RIGHTS. All trademarks, service marks, design,
information, text, graphics, images, pages, interfaces, links, websites, software, and other items
and materials contained in or displayed on the Site and the selection and arrangements thereof,
are our property or that of their respective owners. Except as expressly provided in this section,
your rights to use any of the foregoing are only in the context and limited to the confines of the
Site, and in all cases limited to and in accordance with these Terms. All rights are reserved by the
applicable owner. Any and all trademarks, service marks and logos on the site are owned by us
or by their respective owners.
SUBMISSIONS. You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-
confidential and shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and dissemination of
these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that you have the right to
submit such Submissions. You agree there shall be no recourse against us for any alleged or
actual infringement or misappropriation of any proprietary right in your Submissions.
YOUR INDEMNIFICATION. You agree to defend, indemnify and hold harmless, Priority Care Boston, its affiliates, officers, directors, employees, managers, members, agents and representatives
from and against any and all claims, losses, actions, damages, demands, suits, liabilities or
expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or
relating to (i) your breach or violation of any of these Terms; (ii) your violation of any applicable
federal, state or local law; (iii) your use of, your ability to use, or your reliance upon, the Site, its
associated functions, or Content contained in, accessed through, made available on or offered
through the Site, or other products or services offered by us; and (iv) your fraud, negligence or
any other culpable acts or omissions by you.
ASSIGNMENT. You may not assign, transfer or delegate these Terms or any part thereof
without our prior written consent. We may freely transfer, assign or delegate all or any part of
these Terms, and any rights and duties hereunder. These Terms will be binding upon and inure to
the benefit of the heirs, successors and permitted assignees of the parties. Any assignment of
delegation in violation of the foregoing shall be null and void.
FAILURE TO EXERCISE; WAIVER. No failure by us to exercise any power, right,
privilege or remedy under these Terms, and no delay on our part in exercising any power, right,
privilege or remedy under these Terms, shall operate as a waiver of such power, right, privilege
or remedy. No waiver shall be effective unless it is in writing and signed by an authorized
representative of the waiving party, and any such waiver shall only be applicable to the specific
instance referenced in such writing.
RULE OF CONSTRUCTION. The parties hereto agree that any rule of construction to the
effect that ambiguities are to be resolved against the drafting party shall not be applied in the
interpretation of these Terms.
SEVERABILITY. If any part of these Terms shall be held to be void or unenforceable, such
part will be treated as severable, leaving valid the remainder of these Terms notwithstanding the
part of parts found to be void or voidable.
THIRD PARTY PROTECTION. The Disclaimers, Release of Information and Your
Indemnification provisions set forth above are for the benefit of us, our affiliates and our
officers, directors, employees, agents and representatives. Each of these individuals or entities
shall have the right to assert and enforce these provisions directly against you on their own
behalf.
GOVERNING LAW. You and Priority Care Boston agree that these Terms and any claim or dispute
between you and us relating to these Terms, the Site and our Services will be governed by and
construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to
its conflict of laws provisions.
DISPUTE RESOLUTION. Any controversy, dispute, allegation, breach or claim arising out of
or relating to the Site, our Services and these Terms shall be settled by binding arbitration
administered by a single neutral arbitrator located in Massachusetts to be mutually agreed upon
by the parties. Such arbitration shall be conducted in Boston, Massachusetts and in accordance
with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and
Procedures. An award of arbitration may be confirmed in a court of competent jurisdiction.
However, if a temporary restraining order or other injunctive relief is the only appropriate and
adequate remedy for a breach of these Terms, such action may proceed without first resorting to
arbitration. In such event, you agree that any such court action seeking injunctive relief can only
be brought, heard and resolved in the federal or state courts located in Suffolk County,
Massachusetts and you agree that the exclusive jurisdiction for any such claims for injunctive
relief shall be the federal or state courts of Suffolk County, Massachusetts. In connection with
any such court action seeking injunctive relief, you consent to the personal jurisdiction of the
federal or state courts of Suffolk County, Massachusetts and you waive any objection that such
venue is inconvenient or improper.
NO CLASS ACTIONS. To the extent permitted by applicable law, you and Priority Care Boston 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. Unless you and
Priority Care Boston 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.
INTERNATIONAL USE. The Site and Services are intended for user located within the United
State. Priority Care Boston makes no representation that the Site or Services is appropriate or available
for use outside of the United States. Access to the Site from countries or territories where such
access is illegal is prohibited.
DMCA NOTICE AND TAKEDOWN POLICY AND PROCEDURE. We have established
this Policy and Procedure in compliance with the Digital Millennium Copyright Act (“DMCA”).
Priority Care Boston respects the intellectual property rights of others and expects users of the Site to do
so as well. In accordance with the provisions of the DMCA applicable to Internet service
providers (17 U.S.C. Section 512), we have adopted a policy of taking down material that
infringes upon the copyright rights of others and terminating, in appropriate circumstances and at
our sole discretion, users, members, subscribers, or account holders who are deemed to be
infringing upon the copyright rights of others. If you believe that your work has been copied in a
way that constitutes copyright infringement or is being infringed upon in connection with any
posting or Content uploaded to the Site, please provide us with the following information in
writing to the designated Copyright Agent listed below:
1. Identification (or description) of the copyrighted work or works that you claim have been
infringed (or a representative list of such works);
2. Identification (or description) of where the material that you claim is infringing upon
your work can be found on the Site;
3. Contact information for the copyright holder or its agent;
4. A statement that you have a good-faith belief that the allegedly infringing material is not
authorized by the copyright owner, its agent or the law;
5. A statement by you under penalty of perjury that the above information in your notice is
accurate and that you are the owner of the copyrighted work, that you are authorized to
act on behalf of the owner of the copyrighted work, or that you are the owner of one of
the exclusive rights under copyright law that is allegedly infringed; and
6. A physical or electronic signature of the copyright holder or its agent.
Priority Care Boston may request additional information before removing any allegedly infringing
material. In the event that we remove the allegedly infringing materials, we will immediately
notify the person responsible for posting such materials that Priority Care Boston removed or disabled
access to these materials. We may also provide the responsible person with your email address
so that the person may respond to your allegations.
Our designated Copyright Agent is:
______________________________________
Priority Care Boston reserves the right to remove any content or material posted to the Site at our sole discretion.
NO AGENCY OR SPECIAL RELATIONSHIP. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and us or between your organization and
us as a result of the Terms or your use of the Site.
CHANGES TO TERMS. We may modify these Terms at any time. Any changes made to the
Terms will be effective immediately upon our posting of modified Terms on the Site. By
accessing or using the Site, you agree to be bound by the Terms as posted on the Site at the time
of your use or access. You agree to review the posted Terms each time you access or use the Site
so that you are aware of any modifications made to these Terms.
APPLE AND ANDROID DEVICES. The following terms apply when you use a mobile
application obtained from either the Apple Store or Google Play (each an “App Distributor”) to
access the Site:
You acknowledge that the App Distributor has no obligation whatsoever to furnish any
maintenance and support services with respect to the Site.
In the event of any failure of the Site to conform to any applicable warranty, you may
notify the applicable App Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any, paid for the Site and to the
maximum extent permitted by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the Site.
You represent and warrant that (i) you are not located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S. government as a “terrorist
supporting” country and (ii) you are not listed on any U.S. government list of prohibited
or restricted parties.
You must comply with applicable third-party terms of agreement when using the mobile
application.
The App Distributor and its subsidiaries are third party beneficiaries to these Terms, and
upon your agreement with these Terms, the App Distributor will have the right (and will
be deemed to have accepted the right) to enforce these Terms against you as a third-party
beneficiary of these Terms.