Terms of Service
Thank you for using Icon Health. Icon Health is provided through a variety of different channels, including online at iconhealthco.com, via one or more mobile applications, or through telehealth delivery. These Terms of Use (“TOU”) are an agreement between you and Icon Health, Inc., a Delaware LLC (“Icon Health”) concerning your access to and use of, various services offered through our website https://iconhealthco.com/ and any web-based and/or mobile applications that require you to create an account in order to use the Services (as such term is hereinafter defined) (collectively, the “Site”) By accessing, browsing, and/or using the Site, you accept and agree to be bound by the TOU and the Privacy Policy (collectively, the “Terms and Conditions”). If you do not agree to all of these Terms and Conditions, do not access or use the Site. If you have questions regarding these Terms and Conditions, please contact us at support@iconhealthco.com
THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND A JURY WAIVER.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
Your Relationship with Icon Health
Icon Health on its own behalf and on behalf of one or more professional corporations and/or professional limited liability companies incorporated, formed or authorized in one or more states and for which Icon Health, LLC. provides administrative services (collectively, the “Professional Entities”), makes certain information available to you regarding in-person and remote medical care, and facilitates your access to telemedicine and expert medical services provided by the Professional Entities (the “Services”). Our Privacy Policy details how we may use, share and maintain any information that you provide to us or to the Professional Entities. Icon Health's role is limited to making such information available to you and/or facilitate your access to the Services, on behalf of the Professional Entities as their “business associate” as that term is defined under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”). Icon Health is independent from the Professional Entities and the healthcare providers that may provide you with telehealth services through the Professional Entities. Icon Health is not responsible for the Professional Entities’ acts, omissions or for any content of the communications made by them to you. Icon Health does not engage in the practice of medicine or provide any other health services.
Icon Health itself does not offer any diagnosis or treatment. ALL INFORMATION PROVIDED ON THIS SITE OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY ICON HEALTH IS INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY AND IS IN NO WAY INTENDED TO CREATE A PROVIDER-PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW. USE OF THE ICON HEALTH SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT AND RELIANCE ON ANY INFORMATION PROVIDED BY ICON HEALTH IS SOLELY AT YOUR OWN RISK.
Your Representations, Warranties and Covenants to Icon Health
By accessing the Site, you represent and warrant the following: (i) you are at least eighteen (18) years of age,(ii) you have the legal ability and authority to enter into these TOU with Icon Health, (iii) the information you have provided to Icon Health in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Site (v) you will not interfere with a third party's use and enjoyment of the Site (vi) you will not interfere with or disrupt Icon Health's or its vendors' security measures, (vii) if any information you provide to Icon Health becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Icon Health, and (viii) you are accessing the Site for yourself or in conjunction with a patient with the patient’s permission.
In connection with your relationship with Icon Health, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information. We will use your information in accordance with our Privacy Policy.
Icon Health is designed to support your health decisions and choices you make. These decisions and choices are yours, and we believe that you are the best decision maker about your health and that these decisions should be made in connection with the advice you receive from a formal provider-patient relationship. Always use common sense when making health decisions. Icon Health (the “Site”) cannot make decisions for you. Icon Health (the “Site”) is not a place for treatment or diagnosis. Please use any information you find on the Site responsibly.
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. You also have a duty to provide truthful, accurate, and complete information in any forms or other communications you submit to or through 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.
Access to the Site
The Site and the information and content available through the Site are protected by copyright laws throughout the world. Subject to these TOU, Icon Health grants you a limited, non-transferable, and revocable license to access and use the Site for your personal use. Unless otherwise specified by Icon Health in a separate license, your right to use any of the services available through the Site is subject to these TOU and all rights are reserved by Icon Health. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights incorporated in or accompanying this Site.
Any use or attempted use of this Site (1) for any unlawful, unauthorized, fraudulent, or malicious purpose; (2) that could damage, disable, over burden, 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. Icon 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. Icon 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.
Icon Health may terminate your use of the Site or any of Icon Health’s features or services at any time and for any reason without notice. You agree that if your use of the Site is terminated pursuant to these TOU, you will not attempt to use the Site under any name, real or assumed. Except as otherwise provided in the Privacy Policy, or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Site, to return or otherwise provide to you any information to use, or any other information that we have that relates to you.
Third Party Links
Icon Health may provide links to third-party web sites. Icon Health does not recommend and does not endorse the content on any third-party websites. Icon 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. Icon Health does not endorse any product, service, or treatment advertised on the Site. Icon Health does not control and is not responsible for the privacy practices of such third parties. Icon Health encourages you to review the privacy policies of each website and application you visit and use.
Limitation on Use by Minors
Our service is intended for use by individuals who are at least eighteen (18) years of age or such older age as may be required by applicable state laws in the jurisdiction in which an individual accesses the Site. The Site is not designed or intended to attract, and is not directed to, children under eighteen (18) years of age. If Icon Health obtains actual knowledge that it has collected personal information through the Site from a person under eighteen (18) years of age, Icon Health will use reasonable efforts to refrain from using such personal information or maintaining it in retrievable form. Individuals under eighteen (18) years of age (and/or their parent or guardian) may contact Icon Health if they believe their personal information has been collected and/or displayed on the Site and request its removal and/or destruction.
Please note that Icon Health is not required to erase or otherwise eliminate, or enable erasure or elimination of such content or information in certain circumstances, such as, for example: (1) when an international, federal, state, or local law, rule, or regulation requires Icon Health to maintain the content or information;
(2) when Icon Health maintains the content or information on behalf of a user’s healthcare provider as part of such user’s medical record; (3) when the content or information is stored or posted to the Site by a third party other than the user (including any content or information posted by the user that was stored, republished, or reposted by the third party); (4) when Icon Health anonymizes the content or information, so that such user cannot be identified individually; (5) when such user does not request that such information be removed from the Site; and (6) when such user has received compensation or other consideration for providing the content or information.
The foregoing is not intended to be an admission that Icon Health is subject to the Child Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Online Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.
Account Information
When you create an account with Icon Health, you are creating a direct customer relationship with Icon Health that enables you to access and/or utilize various functions of the Site. As part of that relationship, you will provide certain information to Icon Health, including but not limited to, your name, email address, shipping address, phone number, insurance information, and certain transactional information that Icon Health does not consider to be “protected health information” or “medical information”. Icon Health will use the data and information that you provide in accordance with its Privacy Policy.
Mobile Text Terms
By providing your telephone number to Icon Health, you consent to receive text messages from or on behalf of Icon Health and/or our partners and suppliers, including messages using automated dialing technology. To request more information or to obtain help, please contact us at support@iconhealthco.com
Frequency of text messages and notifications will vary depending upon your transactions with us. You represent that you are the account holder for the mobile telephone number(s) that you provide to opt in to receive text messages. You are responsible for notifying Icon Health immediately if you change your mobile telephone number. Message and data rates may apply to each text message sent or received, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for details about available plans). Applicable roaming charges may apply. Data obtained from you in connection with your consent to receive text messages may include your telephone number, your carrier’s name, and details of the message (date, time, and content). Icon Health may use this information to contact you in accordance with these Terms of Use and to provide the services you request. You understand that text messages have inherent privacy risks, including that unencrypted text messages are not secure and could be accessed by an unauthorized party, intercepted, or altered without your knowledge or authorization. For additional information on our data collection and use, please read our Privacy Policy , which is incorporated by reference into these Terms of Use.
Icon Health will not be liable for any delays in the receipt of any SMS messages, nor will Icon Health be liable for any undelivered messages, as delivery is subject to effective transmission from your network operator. The option to receive text messages may not be available on all U.S. mobile carriers. Note that your carrier is not liable for delayed or undelivered messages. You agree to indemnify Icon Health and any third parties texting on its behalf in full for all claims, expenses, and damages related to or caused, in whole or in part, by your failure to immediately notify us if you change your telephone number, including but not limited to all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act. Icon Health may immediately suspend or terminate your receipt of text messages if it believes you are in breach of these Terms of Use. Your participation in receiving text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Icon Health reserves the right to modify or discontinue sending text messages to you, with or without notice to you.
Feedback
We may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about our products, services and the Site (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future modifications of the Site or in other Icon Health products or services. You hereby grant Icon Health a perpetual, worldwide, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, modify, create derivative works from, distribute, display, and otherwise use the Feedback for any purpose.
Data Retention
Icon Health may retain your information for (1) as long as it believes necessary; (2) as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce agreements; or (3) as long as needed to provide its users with the Services. Icon Health may dispose of or delete any such information at any time, except as set forth in any other agreement or document executed by Icon Health or as required by law. Please see the Privacy Policy for additional information about how your data will be handled by Icon Health.
Transactions
In connection with any transaction they conduct through the Site, users of the Site may be asked to supply certain information relevant to the transaction, including, without limitation, credit card numbers and expiration dates, billing addresses, shipping addresses, phone numbers, or email addresses. By submitting such information, users grant Icon Health without charge the irrevocable, unencumbered, universal, and perpetual right to provide such information to third parties for the purpose of facilitating the transaction.
Waiver
No delay or omission by Icon Health to exercise any right or power it has under these TOU or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Icon Health must be in writing and signed by an authorized representative of Icon Health.
Miscellaneous
Icon Health strives to use reasonable physical, technical, and administrative measures to protect information under its control. However, you as a user of the Site are responsible for keeping your account passwords and login information secure and confidential, and you are responsible for any all use of the Site. If you have reason to believe that the security of your account has been compromised, please notify us immediately at support@iconhealthco.com
As a User of the Site, you may choose to not provide us with certain information, but this may limit the features you will be able to user, or it may prevent you from using the Site all together. You may also choose to opt out of receiving certain communications from Icon Health. You agree and consent to the use of e-mail and other text-based communications for the purposes of communicating about appointment scheduling and reminders, treatment information, physician referrals, and all other matters related to your use of the Services. These communications are protected by industry-standard security and privacy protocols.
Icon Health may supplement, amend, or otherwise modify these TOU at any time. 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.
Disclaimers
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, TOOLS, APPLICATIONS, AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS,” “WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ICON HEALTH, OUR PARTNERS, AFFILIATES, SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SITE AND/OR ANY CONTENT, TOOLS, APPLICATIONS, AND SERVICES PROVIDED ON THE SITE. WE MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY CONTENT, SERVICES, TOOLS, APPLICATIONS, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) DEFECTS, IF ANY, WILL BE CORRECTED.
Limitation of Liability
You acknowledge that you are responsible for any actions you take while on the Site. You recognize that your use of the Site and any subsequent actions arising from your use of the Site are taken solely at your own risk.
IN NO EVENT SHALL ICON HEALTH OR OUR PARTNERS, AFFILIATES, SUPPLIERS, OR LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED, OR CONSEQUENTIAL DAMAGES OF ANY KIND, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR USE OF OR ACCESS TO, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT, INTELLECTUAL PROPERTY, LINKED SITES, APPLICATIONS, TOOLS, PRODUCTS, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM OR RELATED TO ANY: (I) ERRORS, MISTAKES OR INACCURACIES OF THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, (IV) ANY TRANSMISSION FROM OUR SERVERS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY MATERIALS POSTED, EMAILED TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, AND/OR (VII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF USE OR PRIVACY POLICY, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS OF USE IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND WE, OR ONE OF OUR PARTNERS, AFFILIATES, SUPPLIERS, OR LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES, BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED in the aggregate ONE HUNDRED DOLLARS ($100.00).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY DISCONTINUE USE OF THE SITE.
Entire Agreement
These TOU and any other agreements Icon Health may post on the Site or that you and Icon Health may execute from time to time constitute the entire agreement between Icon Health and you in connection with your use of the Site and supersede any prior agreements between Icon Health and you regarding use of the Site, including prior versions of these TOU.
Dispute Resolution
You agree that any dispute arising out of or relating in any way to your use of the Site requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, we may seek injunctive or other appropriate relief. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NONE OF THE PARTIES WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents: (a) to the non-exclusive jurisdiction of the courts of the State of Connecticut, or to any federal court located within the State of Connecticut for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts in Connecticut.
General
If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Our failure to act with respect to a breach by any visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Connecticut without regard to its choice-of-law provisions. In the event of any conflict between foreign laws, rules, and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These Terms and our Privacy Policy as posted from time to time on the Site, and any modifications to the foregoing, constitute the entire agreement between you and us with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to the subject matter. We may perform any of our obligations or exercise any of its rights under these Terms through one or more of our affiliates or representatives. If our assets are acquired by another entity, that entity will assume our rights and obligations as described in these Terms. You may not assign your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent.
Modifications of Terms
We may change, modify, add and/or delete all or portions of these Terms from time to time by posting updated Terms on the Site, which shall apply to your use of the Site after such modifications have been posted. Please review these Terms periodically for any updates or changes. Your continued use of the Site following the posting of any updates or changes to these Terms constitutes your acceptance of such updates and changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate your use of the Site.
Effective: 11th January 2023
Contact Information
If you have any questions about these Terms, our practices, or your dealings with the Site, please contact us at support@iconhealthco.com or by postal mail at Icon Health, Attn: Privacy Office, 201 Broad Street, Suite 420, Stamford, CT 06901.