Welcome to the Elektra Health Website
These TOU may change. Because your use of Elektra Health means that you agree to these TOU, if we revise and update these TOU, your continued use of Elektra Health, this Site and the Services will mean that you accept those changes. You choose whether or not you use Elektra Health. If you do not agree to all of these TOU, please do not use Elektra Health, this Site and the Services.
IF YOU HAVE, OR ARE HAVING, A MEDICAL EMERGENCY, YOU SHOULD CONTACT YOUR PHYSICIAN OR LOCAL EMERGENCY NOTIFICATION SYSTEM (9-1-1), OR GO TO YOUR LOCAL EMERGENCY ROOM.
YOU AGREE THAT DISPUTES BETWEEN YOU AND ELEKTRA HEALTH WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW.
- General. Prior to accessing the Services, you represent and warrant that you are at least eighteen years of age and possess the legal right and ability, to: (i) agree to these TOU; (ii) register for the Services under your own name; and provide true, accurate, current, and complete information on the registration form and to keep this information current and updated as needed; and (iii) use the Services in accordance with these TOU and abide by the obligations hereunder. You agree that you can only access the Services in those states where Elektra Health is currently offering access to the Services.
- Elektra Health Intake Form. You agree to: (i) fully, accurately and truthfully complete your Elektra Health Intake Form; and (ii) prohibit anyone else from using your Elektra Health account employing information from your Elektra Health Intake Form. You agree to provide accurate, current and complete information about yourself for your Elektra Health Intake Form, and to periodically review and to update such information as needed to keep it accurate, current and complete. You agree to immediately notify Elektra Health of any actual or suspected unauthorized use of your Elektra Health account, profile or credentials or other security concerns of which you become aware.
- Elektra Health Online Questionnaire. You agree to: (i) fully, accurately and truthfully complete your Elektra Health Online Questionnaire; and (ii) prohibit anyone else from using your Elektra Health account employing information from your Elektra Health Online Questionnaire. You agree to provide accurate, current and complete information about yourself for your Elektra Health Online Questionnaire, and to periodically review and to update such information as needed to keep it accurate, current and complete. You agree to immediately notify Elektra Health of any actual or suspected unauthorized use of your Elektra Health account, profile or credentials or other security concerns of which you become aware.
- Relationship with Practitioner. You agree that you are entering into an agreement with Anna M. Barbieri Medical, P.C. (the “PC”) which shall be a provider of professional medical services to you, which means, among other things, you are entering into a practitioner – patient relationship with the physician or licensed practitioner associated with the PC (collectively, the “Practitioners”) that personally performs the Services. You understand and agree that Elektra Health is the provider of certain administrative services to the PC and provides access to a technology platform in order to facilitate the Services between you and the PC and the Practitioners. You acknowledge that Elektra Health does not provide professional medical services itself.
- Consent to Treatment Via Telehealth Services. You agree and consent to receive the Services provided by the Practitioners. In connection with the Services, you understand, acknowledge and agree to the following:
- You consent to the treatment and care constituting the Services wherever rendered by the Practitioner (in office or via telehealth) and you intend for such consent to remain effective after a diagnosis by the Practitioner is made and treatment is recommended.
- The scope of care you receive from the Practitioner will be at the sole discretion of the Practitioner with no guarantee of diagnosis, treatment or prescription. The Practitioner will determine whether or not the condition being diagnosed and/or treated is appropriate for the Services. The Practitioner may decline to treat you with the Services if, based on the professional judgment of the Practitioner, you are not well-suited for the Services.
- There are risks associated with the Services, including, but not limited to, the following: 1) loss of records from failure of electronic equipment; 2) power failures with loss of communication; and 3) invasion of electronic records by outsiders (hackers), understanding that it is impossible to list every possible risk.
- You have the right to withhold or withdraw your consent to the Services at any time without affecting your right to future care or treatment. You have the right to discuss any treatment plan with the Practitioner, including the purpose, potential risks and benefits of any test, treatment or care plan.
- You understand that, by having your consent to the Services, the Practitioner associated with the PC may communicate medical information concerning you to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction.
Communications. You understand and agree that the Services involve the communication of your medical information, both via text or orally, to Practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction. By accepting these TOU, you acknowledge and agree that, Elektra Health, the PC and/or Practitioners may send you messages, reports, and emails regarding your diagnosis and/or treatment as well as information regarding perimenopause and menopause. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Elektra Health nor the PC nor any Practitioner will be responsible in any way and you will not hold Elektra Health, the PC or any Practitioner liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the PC or any Practitioner. You agree that all agreements, notices, disclosures and other communications that Elektra Health and the PC provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided electronically are deemed to be given and received on the date either Elektra Health and/or the PC transmits any such electronic communication as described in these TOU.
Adverse Technical Events. All information is transmitted over a medium which is beyond our control and jurisdiction. Accordingly, Elektra Health assumes no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Site or sites accessed through this site.
Payment. To the extent applicable, you agree that only valid payment methods acceptable to Elektra Health may be used to pay for membership in Elektra Health and payment for Services. You represent and warrant that you are authorized to use your designated payment method. You authorize Elektra Health to charge your designated payment method for the applicable sum due (including any applicable taxes). In connection with any payment transaction, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Elektra Health without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies) for the purpose of facilitating the transaction.
Billing [for one-time 360º Roadmap customers only]. To access the Services, you must first register by providing certain information, including a valid payment method. You will be billed for the cost of the service, including any and all applicable fees, taxes, and discounts, on the day of booking your appointment with a Practitioner. You may reschedule an appointment with your Practitioner up to twenty-four (24) hours prior to the appointment. Rescheduling requests within twenty-four (24) hours of an appointment will be charged a fee of $25.00. Cancellations within twenty-four (24) hours of an appointment or no-shows will not be refunded. If you have any questions, please contact us at email@example.com.
Monthly Membership [for paying monthly members only]. To access the Services, you must first register as an Elektra Health Member by providing certain information, including a valid payment method. Elektra Health reserves the right to determine pricing for your “Membership Fee”. Elektra Health will make reasonable efforts to keep pricing information published on its website up to date. We encourage you to check our website periodically for current pricing information.
You will be billed a Membership Fee, including any and all applicable fees, taxes, and discounts, on the day of your first appointment with a Practitioner, which will serve as your “Membership Billing Date”. Your account will be charged automatically on the Membership Billing Date and the next two immediately subsequent monthly anniversaries of the Membership Billing Date the monthly Membership Fee, including any and all applicable fees and taxes (the “Initial Billing Period”). If you choose to cancel your membership within the Initial Billing Period, you will be charged an early termination fee of $50.00 in addition to any monthly Membership Fees previously charged to your method of payment on file with Elektra Health.
Subsequent to the Initial Billing Period, your Elektra Health membership will continue and a monthly Membership Fee shall be automatically charged and debited to your payment method on file with Elektra Health unless and until you cancel your membership or we terminate it. You must cancel your membership before the monthly anniversary of the Membership Billing Date in order to avoid billing of the next monthly Membership Fee to your account. We will bill the monthly Membership Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). After the expiration of the Initial Billing Period, you may cancel your Elektra Health membership at any time.
You may reschedule an appointment with your Practitioner up to twenty-four (24) hours prior to the appointment. Rescheduling requests within twenty-four (24) hours of an appointment and no-shows will be charged a fee of $25.00.
If you have any questions about your membership, including cancellation, please contact us at firstname.lastname@example.org.
Availability. You are responsible for providing and maintaining, at your own risk, option, and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described on the Site) to enable use of the Site, including, but not limited to, a computer or mobile device with internet access. You are solely responsible for any fees, including Internet connection or mobile fees that you incur while using the Site. We reserve the right to change the access configuration, including any software, hardware, or other requirements of the Site at any time without prior notice.
Not for Use Outside United States. Elektra Health makes no claims that materials on the Site are appropriate or may be downloaded for use in locations outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Furthermore, our databases are located in the United States. If you access this website from outside the United States, you do so at your own risk. By sending us your data, you consent to its transfer to and storage within the United States. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
Copyright and Trademarks. All content included on the Site including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the “Content”), in any form including the compilation thereof, are proprietary to Elektra Health and protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by Elektra Health and Content owned or controlled by third parties and licensed to Elektra Health. Subject to these TOU, Elektra Health grants you a limited non-transferable, revocable license to access and use the Site for your personal use.
Links to Other Websites. Elektra Health may provide links to third-party web sites. Elektra Health does not recommend and does not endorse the content on any third-party websites. Elektra Health is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements. Your use of third-party websites is at your own risk, and subject to the terms and conditions of use for such sites. Elektra Health does not endorse any product, service, or treatment advertised on the Site.
Third Party Products and Services and Elektra Health. In connection with the provision of the Services, Elektra Health, the PC and/or any of the Practitioners may, from time to time, make a recommendation to you of a product or service from a third party unaffiliated with Elektra Health, the PC and/or the Practitioner. Such third party product or service recommendation shall in no way be deemed an endorsement or guarantee by Elektra Health, the PC and/or the Practitioner of such product or service and you agree to release and hold harmless Elektra Health, the PC and/or the Practitioner from any and all claims you may have from the use of such third party product or service.
User Provided Consent. Elektra Health may, in our sole discretion, permit you to post or submit content and other materials through the Services (collectively, “User-Provided Content”). You grant Elektra Health, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User-Provided Content, in whole or in part, in any manner or medium (whether now known or hereafter developed), for the purpose of providing the Services. Also, you grant Elektra Health, and anyone authorized by Elektra Health, the right to identify you as the author of any User-Provided Content submitted by you. You will not receive any compensation of any kind for the use of any User-Provided Content submitted by you.
Any use by you of the User-Provided Content is entirely at your own risk. You represent and warrant that any User-Provided Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the right to grant the license described above.
Unauthorized Use. Any use or attempted use of this Site: (1) for any unlawful, unauthorized, fraudulent or malicious purpose; (2) that could damage, disable, overburden, or impair the Site; (3) that could interfere with any other party’s use and enjoyment of the Site; (4) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means; or (5) for any other use other than the business purpose of which it was intended, is prohibited. Elektra Health reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user’s access and/or account. Elektra Health further reserves the right to monitor general use of the Site at any time as it deems appropriate and to remove any materials that may violate these TOU.
In addition, in connection with your use of the Site, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Elektra Health representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Site, or copy, download, distribute or reproduce any content or information on the Site; or (p) assist or permit any person in engaging in any of these activities.
Indemnification. You agree to indemnify and hold harmless Elektra Health, its officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors and others involved in the development or the delivery of products, services or information over this Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these TOU or your use of the Site or any products, services or information obtained from the Site.
Disclaimers. ANY ACCESS OR USE OF THE SITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. ELEKTRA HEALTH DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SITE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE, OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. ELEKTRA HEALTH DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SITE. ELEKTRA HEALTH DOES NOT WARRANT THAT THE SITE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, OR IMPERFECTIONS.
Limitation of Liability. IN NO EVENT SHALL ELEKTRA HEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM ACCESS TO, THE USE OR LOSS/INABILITY OF USE OF THIS SITE OR ANY OTHER SITE LINKED TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY, ANY INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THIS SITE, ERRORS OR OMISSIONS IN THE CONTENT HEREOF, OR ANY OTHER MATTER RELATING TO YOUR USE OF OR ACCESS TO THIS SITE. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
YOU HEREBY RELEASE AND FOREVER WAIVE AND DISCHARGE ANY AND ALL CLAIMS AND LIABILITIES YOU MAY HAVE AGAINST ELEKTRA HEALTH FROM ANY AND ALL MATTERS RELATING TO YOUR USE OF THIS SITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST ELEKTRA HEALTH ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR YOUR USE OF THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
Binding Arbitration / Class Waiver. YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND ELEKTRA HEALTH ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO ELEKTRA HEALTH, INCLUDING, WITHOUT LIMITATION, CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TOU (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in New York County, New York. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Elektra Health agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in New York County, New York, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in New York County, New York, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
Governing Law and Jurisdiction. Accessing this Site or use of any of its content or services from locations where such access or use of its content or services is illegal is prohibited. Notwithstanding the laws of the location from which you access this Site, you agree that the statutes and laws of the State of New York, notwithstanding any principles or conflicts of law, will apply to all matters relating to the use of this Site. If any part of these Terms and Conditions are deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Entire Agreement. These TOU and any other agreements Elektra Health may post on the Site or that you and Elektra Health may execute from time to time constitute the entire agreement amongst Elektra Health, the PC, the Practitioners and you in connection with your use of the Site and accessing the Services and supersede any prior agreements, including prior versions of these TOU.
Changes to these TOU. When we make changes, we will revise the “last modified” date at the bottom of this document. We encourage you to review these TOU periodically. Your continued use of Elektra Health constitutes your agreement to the changed TOU.
Last modified: April 8, 2020