HATCH
Terms of Service
Last updated: 2024
1. Acceptance of Terms. These Terms of Service (the "Terms of Service") apply to the Hatch live chat services, which are owned or licensed and operated by Hatch (the "Services") together, "we", "us", or "Company"). The Services provide features and functionality designed to enable us to connect you directly with a live care network professional (the "Care Network Professional") to provide you with a consultation to determine the next best steps for your medical care via an online chat interface provided in connection with our partners (the "Care Network Partners").
NO MEDICAL ADVICE: The Services are intended solely as a tool to assist you in connecting with a Care Network Professional. The Company and the Care Network Professionals do not provide any medical or pharmaceutical advice. The Company and its personnel and subcontractors are not health care providers. As a result, the Services are not intended to provide direction on medical or pharmaceutical services or replace the advice of a healthcare professional. The Services are solely designed to support, not replace, the relationship that exists between you and your healthcare providers. You understand that the Services are only a communication channel, and that the Company is not liable for the content of any such communication.Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider, under any circumstance. Nothing stated on or available through any Services is intended to be, and must not be taken to be, the practice of medicine, therapy, or other professional healthcare advice, or the provision of medical care. While we hope content from our Services is useful, it is for informational purposes only and is not intended to replace professional medical advice, diagnosis, or treatment. THE SERVICES ARE NOT FAIL-SAFE AND ARE NOT DESIGNED OR INTENDED FOR USE IN SITUATIONS REQUIRING FAIL-SAFE PERFORMANCE OR ANY USE IN WHICH AN ERROR OR INTERRUPTION IN THE SERVICES COULD LEAD TO SEVERE INJURY TO BUSINESS, PERSONS, PROPERTY OR ENVIRONMENT. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY.NO PROVIDER-PATIENT RELATIONSHIP: Doctors, trainers, and other healthcare professionals use the Services to share information with you, but your use of this information is not a substitute for healthcare services. No licensed medical professional/patient relationship is created when you use our Services, including, but not limited to, messages to and from Care Network Professionals who may be healthcare professionals. By using the Services, you are responsible for determining whether to share information with a Care Network Professional and whether to request to establish a provider-patient relationship with the Care Network Professional. Care Network Professionals are responsible for accepting or declining to accept requests for follow-up to establish a provider-patient relationship.We cannot guarantee the availability of any Care Network Professional at any particular time, are not liable for information shared between you and any Care Network Professional, are not liable for canceled or missed appointments, or for any inaccurate information provided via use of the Services.PLEASE NOTE: Your access to and use of the Services is subject to these Terms of Service, as well as all applicable laws and regulations. Please read these Terms of Service carefully. If you do not accept and agree to be bound by any of these Terms of Service, you are not authorized to access or otherwise use the Services or any information or Content contained on the Services. Your access to and use of the Services constitutes your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Service may be changed, modified, supplemented or updated by us from time to time without advance notice, and the updated terms may be posted on our website or otherwise within the Services, and you will be bound by any such changed, modified, supplemented or updated Terms of Service if you continue to use the Services after such changes are posted; provided, however, that we may provide notice by means of conspicuous alert or notification displayed on the Services in the case of substantial revisions. Unless otherwise indicated, any new Content or services added to the Services will also be subject to these Terms of Service effective upon the date of any such addition. You are encouraged to review the Services and these Terms of Service periodically for updates and changes.If you have any questions about these Terms or the Services, please contact us at support@hatchcare.com.
2. Additional Terms. Certain areas of the Services (and your access to or use of certain aspects of the Services) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions in order to obtain access to or use of Services, including without limitation, additional terms and conditions of our third-party service providers. Any additional terms will be made available to you at the time you access that applicable Service. If there is a conflict between these Terms of Service and terms and conditions posted for a specific area or particular Services, the latter terms and conditions will take precedence with respect to your use of or access to that area or particular Services, as applicable.
3. User Responsibility. You represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself, a minor child of whom you are a parent or legal guardian, or other person on whose behalf you have the legal authority to act, to agree to these Terms of Service. You are responsible for healthcare expenses if you choose to seek care and treatment from a healthcare provider after using our Services.
4. Limited License and Site Access; All Rights Reserved. Subject to your compliance with these Terms of Service, we hereby grant you a limited license to access and make personal use of these Services, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent (e.g., downloading of PDF forms, applications, etc.). The Services may contain text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, the "Content"). The license granted in this Section does not include any resale or commercial use of the Services or the Content; any derivative use of the Services or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Services or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta-tags or any other "hidden text" utilizing any name(s) or service marks without the express written consent of their owners. We (or the respective third-party owners of Content) retain all right, title, and interest in the Services and any Content offered on these Services, including any and all intellectual property rights. We may assign these Terms of Service or any part of them without restrictions. You may not assign these Terms of Service or any part of them, nor transfer or sub-license your rights under this License, to any third party. We (or the respective third-party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by us.
5. Ownership of the Content and Services. Except as otherwise expressly stated, all Content appearing on the Services is the copyrighted work of us or our third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also our exclusive property and is protected by U.S. and international copyright laws.
You may download information from the Services and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from these Services, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of us, our Care Network Partners, or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by us. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. We do not warrant or represent that your use of Content or the Services will not infringe rights of third parties.
6. Information Submitted via the Services.
a. Any communication or other material (including any text communication, health information, photograph, video, or other audio or visual work) submitted or posted to or through the Services ("Submission") is subject to the Company's agreement with your Care Network Partner. We process and/or host Submissions on behalf of our Care Network Partners and those Care Network Partners are responsible for the collection and use of all Submissions. The Care Network Partners' notices of privacy practices will apply to Submissions. Should you have any questions regarding personal information provided via the Services, please contact the Care Network Partner from whom you were directed to the Services.
b. You hereby agree that any Submission by you will be accurate and will not be intended to mislead, harm or cause damage to Company, Care Network Partners, or any other party.
c. The Company shall have no obligation to preserve, return or otherwise make available to you or others any Submission. For any data retention questions, please contact the Care Network Partner from whom you were directed to the Services.
d. You understand and intend that by providing your Submission, Company will access your Submissions and provide Submissions to the Care Network Professionals and Care Network Partners. You understand that Company is not responsible for how Care Network Partners access, use or disclose any identifiable health information or compliance of such providers with applicable law.
7. Feedback. Please be advised that if you send or submit to the Company creative ideas, suggestions, inventions, or materials ("Feedback"), the Company shall: (i) own, exclusively, all now known or later discovered rights to the Feedback; (ii) not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Feedback; and (iii) be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
8. Connection Requirements. You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use these Services, and Company reserves the right to change the access configuration of the Services at any time without prior notice.
9. Responsibility for Equipment. Use of the Services may require a computer, smartphone, or tablet. Unless otherwise agreed in writing between the parties, all equipment is provided solely by you. Company has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that you elect to use in connection with the Services.
10. Third Party Carriers. The Services communicate via internet and/or cellular data service provided by independent carriers. The internet or cellular data service provided by the independent carriers may fail or go off-line from time to time, and during any such outage our Services will be unable to transmit and receive information. We may not receive timely notice of the communications outage from the independent carriers. We are not obligated to provide Services during any such outages. Cellular networks and internet providers may be regulated by federal and state agencies and changes in rules and regulations may require us to modify or terminate our Services.
11. Prohibited Use. Any use or attempted use of the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that interfere with any other party's use and enjoyment of the Services, (iv) 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, (v) to access systems, data or information not intended by Company to be made accessible to a user, (vi) to attempt to obtain any materials or information through any means not intentionally made available by Company, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Services, 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 otherwise objectionable, or that may invade another's right of privacy or publicity;
b. Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Company 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, 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 Services' communication features in a manner that adversely affects the availability of its resources to other users (e.g., flooding continuous posting of repetitive text or denial of service attacks);
g. Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" 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 Services by using framing, mirroring or similar navigational technology or directly link to any portion of the Services;
l. Probe, scan, test the vulnerability of or breach the authentication measures of, the Services 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 if you are not expressly authorized by such party to do so;
n. Harvest or otherwise collect information about others, including e-mail addresses;
o. Use any robot, spider, scraper, or other automated or manual means to access the Services, or copy any content or information on these Services;
p. Sell or use any Content or information from the Services for any commercial purpose or personal pecuniary gain;
q. Provide any information that is untrue, inaccurate, not current, or incomplete;
r. Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure; or
s. Attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services.
Company 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 the user's access and/or account. Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by applicable law, Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.
12. Right to Monitor. Company neither actively monitors general use of the Services under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through these Services. However, Company does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Company's sole discretion, may be illegal, may subject Company to liability, may violate these Terms of Service, or are, in the sole discretion of Company, inconsistent with Company's purpose for these Services.
13. Disclaimer. Content and other information contained in the Services has been prepared by Company as a convenience to its users and is not intended to constitute medical advice or recommendations upon which a user may rely. Information provided through the Services should not be relied upon in the place of medical advice from a medical provider. Company makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Services and Content. Users relying on Content or other information from the Services do so at their own risk. You are ultimately responsible for choosing your particular provider on the Services. Company does not make any representations or warranties about the training or skill of any Care Network Professionals using the Services. Company takes certain limited steps to verify Care Network Professionals of the Services hold certain licenses, certifications, or registrations required by law. None of the content on the services represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Company does not recommend or endorse any specific tests, providers, medications, products, or procedures.
You acknowledge and agree that Company is not engaged in the practice of medicine and that
Company is not determining appropriate medical use of the Services. Company, its licensors, suppliers, and all third parties (including your Care Network Partner) who promote the Services or provide you with a link to the Services expressly disclaim any and all liability resulting from the delivery of healthcare via the Services, including but not limited to liability for medical malpractice.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL CONTENT, AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE, OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE. COMPANY MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
14. Limitation of Liability.
YOU UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE SERVICES' OPERATION; OR (E) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SERVICES, PRODUCTS AND SERVICES OR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE COMPANY AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES.YOU UNDERSTAND AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY TO YOU OR TO A THIRD PARTY FOR ANY CAUSE OF ACTION RELATED TO THE SERVICES OR TO THESE TERMS OF SERVICE UNDER ANY LEGAL THEORY. IF, HOWEVER, A COURT OR JUDICIAL OR ADMINISTRATIVE AUTHORITY OF APPROPRIATE JURISDICTION, IN FINAL RULING, DETERMINES THAT THIS PROVISION IS UNENFORCEABLE, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SERVICES, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE SELECTED THE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS DEEMED UNCONSCIONABLE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Indemnification. You agree to defend, indemnify, and hold harmless Company, its affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys' fees and litigation expenses) relating to or arising from these Services, your use of these Services, your Submissions, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Service. Company reserves the right to assume the exclusive defense of any claim for which Company is entitled to indemnification under this section. In such an event, you shall provide Company with such cooperation as Company reasonably requests.
16. User Disputes. The Company is not responsible for any disputes or disagreements between you and any other third party, including without limitation Care Network Professionals and Care Network Partners, you interact with using the Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release the Company of all claims, demands, and damages in disputes among you, other Care Network Partners, and/or any other party. You also agree not to involve the Company in such disputes.
17. General Provisions.
a. Entire Agreement. These Terms of Service and other policies Company may post on the Services constitutes the entire agreement between Company and you in connection with your use of the Services and the Content, and supersedes any prior agreements between Company and you regarding use of the Services, including prior versions of these Terms of Service.
b. Governing Law; Jurisdiction; Severability of Provisions. The Terms of Service shall be exclusively governed by and construed under the laws of the state of Tennessee, United States, without regard to its conflict of laws provisions. All parts of these Terms of Service apply to the maximum extent permitted by law. We both agree that if any provision of these Terms of Service is found by an arbitrator or court of competent jurisdiction to be unenforceable as written, then that part will be replaced with terms that most closely match the intent of the unenforceable provision to the extent permitted by law. The invalidity of part of these Terms of Service will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
c. No Agency Relationship. Neither these Terms of Service, nor any Content, materials, or features of the Services create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
d. Time Limitation on Claims. You agree that any claim you may have arising out of or related to your use of the Services or your relationship with Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
e. Remedies. You agree that any violation, or threatened violation, by you of these Terms of Service constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
18. Contacting Us. If you have any questions or concerns about these Terms of Service, please contact us at support@hatchcare.com.
