NewHopeSurgical.com Terms of Use

If you have a medical emergency, immediately call 911 or your doctor.

 

Use of the website, apps, and services

TIESENGA SURGICAL ASSOCIATES, S.C. (“NewHopeSurgical.com”, “we”, “us”, or, “our”) owns and operates the website located at NewHopeSurgical.com and other affiliated mobile applications (collectively, the “Sites”). The sites provide informational content, appointment scheduling and other health services that enables our members to provide their health information and engage with medical professionals to obtain healthcare services via telecommunications or in person appointments (“Services”). None of the content on the sites should not be considered medical advice or an endorsement, representation or warranty that any particular treatment or medication is effective, safe or appropriate for you. Instead, NewHopeSurgical.com, provides a technology platform that connects you to a licensed medical professional. Only a licensed medical professional may provide medical advice, treatment and medication. By utilizing our services, you understand that you are not establishing a provider-patient relationship with NewHopeSurgical.com.

 

These “Terms of Use” describe your responsibilities and rights when using NewHopeSurgical.com sites and services. (“You”, “Your” or “Yours”) refers to the person using the sites and services. Your access to these sites and services are subject to the privacy policy, terms of use and all applicable laws and regulations.

 

By entering, accessing, browsing, submitting information to, or otherwise using this site, you acknowledge and agree to the following terms and conditions and represent and warrant that you are eighteen (18) years old or older. If you do not agree to these terms or you are younger than eighteen (18) years old, do not use this site. 

 

 

Member Access

In order to access our services, you are required to register an account (“Account”) or submit your information to schedule an appointment or insurance verification by entering your full name, email address, password and other personal and health information (collectively “Member Information”). You must be at least 18 years or older in order to create an account. You may not register or use our services if you are under the age of 18. You agree to keep your member information truthful, accurate, complete and current. You may not create more than one account, transfer your account, or share your account details and login and passwords with anyone else. It is your responsibility to keep your account safe, log out of your account when not in use, including any activity that occurs under your account.

 

By using our sites or services, you agree to not use anyone else’s account, use falsified information to register an account or impersonate another individual, violate any local, state or national laws, distribute virus, malware, or harmful software throughout the sites, reverse engineer, decompile, disassemble, or translate any of the software and any of the components of the sites and services.  If you believe that your password has been compromised, change your password immediately. We reserve the right to suspend or terminate your account for any reason at any time. When communicating with medical professionals, you agree to refrain from any behavior or language deemed inappropriate and contacting medical professionals for telehealth services outside of NewHopeSurgical.com sites.

 

NewHopeSurgical.com takes security very seriously and will take all necessary action deemed necessary or reasonable to regarding the security of the site and member information. We do not recommend using public computers or devices when accessing NewHopeSurgical.com . NewHopeSurgical.com shall not be held liable to you for any liabilities or damages resulting from your use of our sites, your use of member information or your release of the member information to a third party.

 

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITES OR SERVICES IS AT YOUR SOLE RISK. SITES AND SERVICES ARE PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. NEWHOPESURGICAL.COM, AND ANY OF ITS AFFILIATES, INCLUDING MEDICAL PROFESSIONAL ENTITIES, OR ANY OF ITS OFFICERS, DIRECTORS, PARENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, MEMBERS, PARTNERS, OR LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, OPERABILITY, RELIABILITY, TITLE, CONDITION, TIMELINESS, FUNCTIONALITY,  QUIET ENJOYMENT, AVAILABILITY, COMPATIBILITY, ACCURACY OF DATA, SYSTEM INTEGRATION, FREEDOM OF MALWARE, SPYWARE OR VIRUSES OR SPEED OF DELIVERY SYSTEM.

LIMITATION OF LABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL NEWHOPESURGICAL.COM OR ANY OF ITS OFFICERS, DIRECTORS, PARENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, MEMBERS, PARTNERS,  OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, MOBILE DEVICE OR COMPUTER DAMAGE, SYSTEM FAILURE, SERVICE INTERRUPTION, OR FOR ANY DAMAGES INVOLVING BODILY OR PERSONAL INJURY, EMOTIONAL DISTRESS, INCLUDING DEATH, OR ANY OTHER LOSSES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE , DELAY, OR INABILITY OF USE, TO THE SITES OR SERVICES PROVIDED, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT OR TORT, INCLUDING STRICT LIABILITY AND NEGLIGENCE, STATUE, WARRANTY OR OTHERWISE. THIS WILL HOLD TRUE EVEN IF NEWHOPESURGICAL.COM OR ANY AFFILIATED PARTIES HAVE BEEN ADVICES OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

INDEMNIFICATIONS

You agree to forever indemnify, defend, and hold harmless NEWHOPESURGICAL.COM, and any of its affiliates, including medical professional entities and their offices, or any of its officers, directors, parents, contractors, employees, affiliates, suppliers, subsidiaries, shareholders, servants, agents, members, partners, attorneys, accountants, or licensors harmless from and against any claims, actions, third-party suits, damages, settlements, judgements, liabilities, injuries, obligations, risks, losses, expenses (including, without limitations, reasonable attorneys’ fees, ligation expenses, and accounting fees) related to or arising from, or alleged to arise from, your  violation of these terms of use.

WEBSITE HYPERLINKS

Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such other site or location or its contents. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE OF SUCH INFORMATION.

COMMUNICATIONS

NewHopeSurgical.com takes security very seriously and complies with healthcare security and privacy law to safeguard your data stored on encrypted servers. The information that you provide to a medical professional is confidential, except for legal exceptions described further in the privacy policy. You can view the privacy policy at https://newhopesurgical.com/privacy-policy/

 

By using our healthcare platform, we may send appointment reminders or certain communications via email, text message (short messaging services SMS), phone calls, or through our software as push notifications. Please be aware that when using email and SMS, the messages are considered non confidential and non-secure. As with any communications medium (Video, Email, SMS), data charges from your internet service provider may apply. These communications may include your private information as well as health and date and time of appointment information. If you wish to discontinue any SMS communication, reply STOP to discontinue any further SMS communication.

NewHopeSurgical.com dedicates considerable effort into optimizing signal strength and compatibility but is not responsible for the internet or data bandwidth or signal of your mobile device.

DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND NewHopeSurgical.com TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM NEWHOPESURGICAL.COM.

Governing Law. The Website is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. These Terms will be governed by the laws of the State of Illinois without regard to conflicts of law principles.

Arbitration Agreement. You and NewHopeSurgical.com agree that all claims and disputes relating in any way to your use of our Website, or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in Illinois.

Waiver of Jury Trial. IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND NewHopeSurgical.com WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and NewHopeSurgical.com are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

No Class Arbitrations, Class Actions, or Representative Actions. YOU AND NewHopeSurgical.com AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND NewHopeSurgical.com AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, 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) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER NewHopeSurgical.com USERS.

Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and NewHopeSurgical.com will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org. The foregoing rules in this paragraph apply except to the extent otherwise set forth in these Terms.

No waiver

No waiver of NewHopeSurgical.com of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NewHopeSurgical.com to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

No agency relationship

Neither these Terms or any Content or features of the Online Services create any partnerships, joint venture, employment, or other agency relationship between NewHopeSurgical.com and you. You may not enter into any contract on our behalf or bind us in any way.

Remedies

Without limiting any other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to this website and/or block your future access to this website for any reason.

You agree that any violation, or threatened violation, by you of these terms of use 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.

Assignment

You may not assign or transfer these Terms of Use or your rights hereunder, in whole or in part, by operation of law or otherwise will be null and void. NewHopeSurgical.com may freely assign or transfer these Terms of Use without restriction.

Other

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Any rights not expressly granted herein are reserved.

FEES AND PAYMENT

You are responsible and agree to pay all charges, fees, and billing terms due to your account for the services requested. By entering your payment information and submitting your service request, you authorize, NewHopeSurgical.com, our affiliates, or our third-party payment processors to charge the total amount due for the requested service and immediately invoice your account with no additional notice or consent with NewHopeSurgical.com. NewHopeSurgical.com has no obligation to provide any services until full payment has been received and verified. 

CHANGES AND MODIFICATIONS

NewHopeSurgical.com reserves the right to make changes, modify, or permanently or temporary suspend or discontinue, the sites or services or any portion thereof, with or without notice. NewHopeSurgical.com shall not be held liable to you for any third party for the suspension, modification, discontinuations, or termination of the sites or services.

NewHopeSurgical.com is constantly evolving, and so does the terms of use. We reserve the right to make changes to the terms of use at any time without prior notice. The updated terms of use will be posted on the sites.

Unauthorized Device Usage (Custom Rom, Jailbroken, or Hacked operating system devices)

Our mobile app and website may not be may only be used on unmodified manufacturer approved operating systems. Use of our software on modified, jailbroken, custom rom or hacked operating systems may undermine security features that are in place designed to protect your healthcare data. By using a modified operating system, you are at risk of unauthorized disclosure of your personal health information. Use of an authorized device or operating system is a material breach of these terms of use.

Trademarks

Certain of the names, logos, and other materials displayed on the Sites or in the Services may constitute trademarks, trade names, service marks or logos (“Marks”) of NewHopeSurgical.com or other entities. You are not authorized to use any such Marks without the express written permission of NewHopeSurgical.com. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

 

 

 

Inaccuracies and Errors.

The information on the Site including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies, and may not be complete or current. NewHopeSurgical.com reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. NewHopeSurgical.com will not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected. NewHopeSurgical.com reserves the right to refuse to fill any orders or provide Services that are based on inaccurate or erroneous information on the Site, including, without limitation, incorrect or out-of-date information regarding pricing, payment terms, or for any other lawful reason.

 

AREAS OF OPERATION

NewHopeSurgical.com currently operates only in the state of Illinois.

TERMINATION

You may terminate the terms of use at any time and for any reason by emailing support@NewHopeSurgical.net and discontinuing the use of sites and services provided by NewHopeSurgical.com. NewHopeSurgical.com may terminate or suspend any rights granted by these Terms of Use to the use of the sites, your account, your profile, and your registration abilities for any reason at any time without prior notice. Termination also occurs automatically if you violate any of the provisions in these Terms of Use. Subject to applicable law, NewHopeSurgical.com reserves the right to maintain, destroy, and delete all communications, data, and content provided to its internal record databases that are subject to content management policies.

After termination, NewHopeSurgical.com will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or Treatment Providers are required to provide you with continuing care under their applicable legal, professional and ethical obligations to you.

 

Upon termination, the following provisions will survive these Terms of Use for any reason whatsoever:

  • Disclaimer of Warranties
  • Indemnification
  • Limitations of Liability
  • Dispute Resolution
  • No waiver
  • Remedies
  • Assignment

 

 

DIGITAL MILLENNIUM COPYRIGHT ACT

NewHopeSurgical.com respects the intellectual property rights of others and is compliant with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512).

If you believe your copyright-protected work was posted on a NewHopeSurgical.com site without authorization, you should submit a DMCA Notice to NewHopeSurgical.com’s Designated Agent at support@newhopesurgical.net

 

 

 

The submitted information must include the following:

  • Your full name, mailing address, telephone number, and email address
  • A statement by you that you have a good-faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law, and
  • A signed physical or electronic statement by you, made under penalty of perjury, that the all the submitted information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • The description of where the allegedly infringing material is located on the NewHopeSurgical.com site.
  • A description of the copyrighted work that is claimed to be infringed.

 

Please note that this procedure is exclusively for notifying NewHopeSurgical.com that copyrighted material has been posted on a NewHopeSurgical.com sites without authorization only.