MOOV360

Terms of Use

These terms and conditions of use ("Terms of Use") govern your use of the web platform and mobile application located at MOOV360.health ("Platform"). The Platform is the property of the following entities: MOOV 360, MOOV Medical Group, P.A., MOOV Clinical Services PC, and MOOV Healthcare PC, ("MOOV"), and any other professional entities affiliated with the "MOOV" and its licensors.

MOOV reserves the right to modify or add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the changes.

Intellectual Property

All text, graphics, trademarks, logos, sounds, artwork, and computer code available on or through the Platform ("Content"), including but not limited to the selection, arrangement, design, or "look and feel" of Content, is the property of MOOV or its licensors and is protected by copyright, trademark, and other intellectual property law. We give you permission to access and use the Content only for your personal, non-commercial use. You agree not to reproduce, distribute, sell, or broadcast, the Content received through the Platform to anyone. Any copy made of information obtained from the Platform must include all applicable copyright notices.

All MOOV trade and service names, including, any trademarks of are property of CEP America, LLC. All other brands and names are the property of their respective owners. Nothing contained in the Platform should be construed as granting any license or right to use any trademark displayed on this Platform without the express written permission of MOOV or such third-party that may own the trademark.

Your Use of the Platform

You agree not to access or use the Platform or Content in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms of Use. You agree to not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any MOOV server, or to any of the services offered on or through the Platform, by hacking or any other illegitimate means. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or MOOV's systems or networks.

Privacy

The Platform may contain links to other independent third party web Platforms that are not owned or controlled by MOOV. Please note that when you click on any of these links, you are entering another web Platform for which we have no responsibility or control. The inclusion of any link does not imply affiliation, endorsement or adoption by us of the linked Platform or any information contained therein. We encourage you to read the terms and conditions and privacy policies of all linked Platforms, as they may materially differ from ours. You agree that we are not responsible for any loss or damage of any sort incurred as the result of the presence of such links on the Platform. It is up to you to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses and other destructive items.

Services

By choosing to enroll in or otherwise use the MOOV products and services provided through the Platform or otherwise by MOOV to provide medical and healthcare services ("Service(s)"), you are entering into a binding contract with MOOV.

Your agreement with us (the "Agreement") includes:

  • these Terms and Conditions;
  • our Platform and Privacy Policy
  • our Notice of Privacy Practices
  • our CCPA Policy if you are a California resident ("CCPA Policy")
  • any terms of use accompanying any Platform or software application that you may access as part of the Service

Overview of Technology and Telemedicine Service in the Delivery of Care

You may be receiving guidance from healthcare providers, including physicians, MOOV employees and other health professionals ("Providers") via the use of "telehealth", whether through the Platform or otherwise, and/or your Providers may use or rely upon certain technology in the delivery of your care. Telemedicine involves the use of electronic communications to enable health care providers at Platforms remote from patient to provide consultative services. Providers may include urgent care practitioners, primary care practitioners, specialists, and/or subspecialists. The information may be used for diagnosis, therapy, follow-up and/or education, and may include live two-way audio and video and other materials (e.g. medical records, data from medical devices).

The communications systems used will incorporate network and software security protocols to protect the confidentiality of patient information and will include reasonable measures to safeguard the data and to ensure its integrity against intentional or unintentional corruption.

Use of Telemedicine

As with any medical procedure, there are considerations associated with the use of telemedicine. You understand the uses of telemedicine may include, without limitation, the following:

  • By clicking "AGREE" You understand, agree and provide your consent, on behalf of yourself and the minor child for whom you are establishing an account, with respect to the following:
  • A record of your acknowledgement of this consent to telehealth services will be retained in the medical record of the Provider(s) and professional entity providing healthcare services.
  • Certain technology, including the Service, may be used by us or your Providers while still in a beta testing and development phase, and before such technology is a final and finished product.
  • Technology we use to deliver care, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that you receive from your Provider(s).
  • You understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine.
  • You understand that telemedicine may involve electronic communication of Your personal medical information to medical practitioners who may be located in other areas, including out of state or from MOOV to me. You consent to receive secure email and/or other electronic communications that may contain Your protected health information from MOOV. You further accept the risk that Your personal Internet service provider may not provide adequate security to prevent theft or inadvertent disclosure of my protected health information.

Access to Medical Records Through Platform

To ensure that your medical records are readily accessible to you, MOOV provides you with access to certain components of your medical records through the Platform, including lab and genetic test results and other health data gathered by MOOV and/or provided by You. By clicking "Agree" and/or using the Service, You acknowledge and agree that your medical record will be accessible through the Platform, and that it is your responsibility to keep your computer, phone and other devices you use to access the Service secure.

Operation and Record Retention

MOOV reserves complete and sole discretion with respect to the operation of the Service. MOOV, may, among other things withdraw, suspend or discontinue any functionality or feature of the Service. Subject to applicable law, MOOV reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Service pursuant to its internal record retention and/or destruction policies.

Communications

As a MOOV patient, you also agree to receive emails and text messages from us that will include updates on MOOV, general health news, and business updates. By signing up you will be required to agree to the MOOV 360 Privacy Policy. Please also review our CCPA Policy which informs you of the categories of Personal Information that we collect and the purposes for which those categories of Personal Information are used. You can unsubscribe at any time using the link included on all emails or using our Platform or website.

You agree that the MOOV360 team may send text messages to the mobile number You have voluntarily submitted. The text messages include appointment reminders and confirmations, intake and questionnaire reminders, notifications that lab or imaging results are ready, prescription updates, billing and payment notices, and messages from my physician and care team. You understand that your text messages are not encrypted and may be accessible to anyone who has access to your phone. You may opt-out of receiving text messages at any time by texting STOP and you can change your permissions at anytime in the Settings tab.

Disclaimers

ACCESS TO THE PLATFORM AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOOV AND ITS LICENSORS DISCLAIM ALL WARRANTIES, 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 THE PLATFORM AND ITS CONTENT.

WITHOUT LIMITING THE FOREGOING, MOOV DOES NOT WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES MOOV MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, SECURITY, LEGALITY OR SUITABILITY OF THE PLATFORM OR ANY OF THE CONTENT PROVIDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND CONTENT IS AT YOUR SOLE RISK.

MOOV CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY CONTENT INCLUDING, IDEAS, INFORMATION, OR GUIDELINES ACCESSED THROUGH THE SERVICE.

Limitation of Liability

IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE PLATFORM. UNDER NO CIRCUMSTANCES SHALL MOOV OR ITS LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE PLATFORM OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT. WITHOUT LIMITATION OF THE FOREGOING, EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL MOOV BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF MOOV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, MOOV IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, MOOV'S LIABILITY SHALL IN NO EVENT EXCEED US$100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold MOOV, its officers, directors, affiliates, contractors, agents and employees harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against MOOV by any third party due to or arising out of or in connection with your use of the Platform or Content.

International Use

This Service is designed for and intended for users in the United States. MOOV makes no representation that the information and services provided on the Service are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Service from territories where the content is illegal is prohibited. If you choose to access the site from a location outside the U.S., you do so on your own initiative, and you are responsible for compliance with local laws.

Termination

MOOV may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. MOOV has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. MOOV reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice. MOOV reserves the right to delete or change any username or password at any time, for any reason or for no reason at all.

Miscellaneous

These Terms of Use are governed by the laws of the State of Delaware without regard to its rules on conflicts or choice of law. You hereby consent to the exclusive jurisdiction of the courts of the State of Delaware for the resolution of any dispute based upon or relating to these Terms of Use and to the personal jurisdiction of the state courts located in Delaware, or the federal courts of the Delaware. You agree to waive any objections to the exercise of jurisdiction by such courts and to venue in such courts. These Terms of Use constitute the sole agreement between you and MOOV relating to your use of the Platform and Content. Any of the terms of these Terms of Use which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms or affecting the validity or enforceability of the Terms of Use as a whole. Failure to insist on performance of any of the terms of these Terms of Use will not operate as a waiver of any subsequent default. No waiver by MOOV of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Electronic Contracting and Notices

You consent to the terms of this Agreement by clicking the "AGREE" button. You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the services (collectively, "Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, or (2) by posting the Notice on the Service or otherwise through our Platform. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable service.

BY CLICKING "AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS TERMS AND CONDITIONS OF USE, MOOV360 PRIVACY POLICY, NOTICE OF PRIVACY PRACTICES AND THE CCPA POLICY (if applicable) (collectively, the "Agreement"). IF YOU DO NOT AGREE TO THIS AGREEMENT, CLICK ON THE "DISAGREE" BUTTON. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE "AGREE" BUTTON ON YOUR BEHALF.