Terms and Conditions

Terms and Conditions for our Website and Mobile Application

Purpose

 

Ylvory Healthcare Inc. provides a website and a mobile app:

 

 

The Website and the App are referred to collectively in these Terms and Conditions as the “Site.”

 

The Site allows users to:

  • view health-related information
  • communicate with our practitioners and our staff
  • access additional services
  • consent to receive important communications and documents (such as notices, videos and telephony electronically through the email address and/or mobile number specified by the user for this purpose

 

The information provided on the Site is not a substitute for the advice of a personal physician or other qualified health care professional and does not constitute a diagnosis or professional treatment recommendation. Always seek the advice of a physician or other qualified healthcare professional with any questions regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of
something you have read on the Site.

 

If you think you or someone you are taking care of has a medical or psychiatric emergency, call 911 or go to the nearest hospital.

Agreement

BY USING THE SITE OR BY CLICKING “I ACCEPT” BELOW, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.

Using secure messaging

 

Ylvory Healthcare provides users with a number of interactive online services to help them better communicate with our practitioners and staff. These services may include (but are not limited to):

  • secure messaging, including:
        o email the provider who serviced you
        o appointment requests

 

You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate or violate any rights of any party.

 

Please note: if you register for the Website before your coverage has started, you will have access to only a limited set of functions prior to when your full coverage begins. If you’re registered for the Website, but do not have active coverage, you will have access to records of your past care and coverage, if any.

 

Viewing medical records

 

Users may use the Site to view certain information displayed from their medical records, including the results of certain laboratory tests. Using the lab test result feature is considered to be a request to receive lab test results
online or on a mobile device.

 

Users may also authorize other users of the Site to view health information displayed through the “Act for a Family Member” feature. If you are authorized to access another user’s health information, you agree to protect
the confidentiality of this information and comply with state and federal privacy laws that may prohibit the redisclosure of health information without the express written authorization of the person who is the subject of the health information, including but not limited to federal law prohibiting the redisclosure of health information regarding alcohol and drug abuse referral and treatment.

 

In addition, although the Site displays certain information in medical records, they do not necessarily display all information found in those medical records. If you think that medical record information displayed on the Site is inaccurate, you can request Ylvory Healthcare to amend the medical record by mailing a request to the department identified in your regional Notice of Privacy Practices. (A link to the Regional Notice of Privacy Practices is available at the bottom of each page on the Website) To request a complete copy of a medical record, please contact the department identified in your regional Notice of Privacy Practices responsible for providing records.

 

Any personal information you submit to the Site (for yourself or someone else) is governed by our Website and YH Mobile Application Privacy Statement. (A link to our Website and YH Mobile Application Privacy Statement is available at the bottom of each page on our Website and on the “Home” screen at the bottom of the YH Mobile Application.) This includes information on your rights to see and receive copies of your own or others’
personal health information.

YH Mobile Application: “Jailbreaking” the mobile operating system

 

The YH Mobile Application is intended for use only on a mobile device that is running an unmodified manufacturer-approved operating system. Using the YH Mobile Application on a device with a modified operating system may undermine security features that are intended to protect health information from unauthorized or unintended disclosure. You may compromise your health information or the health information of anyone for whom you have been given access, if you use the YH Mobile Application on a mobile device that has been modified. Use of the YH Mobile Application on a mobile device with a modified operating system is a material breach of these Terms and Conditions.

Passwords and Biometric Authentication

 

Ylvory Healthcare has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Ylvory Healthcare online password or account. It is your sole responsibility to (1) control the disclosure and use of your activation codes, password reset codes and password; (2) authorize, monitor, and control access to and use of your Ylvory Healthcare online account and password; and (3) promptly change your password if you feel it has become compromised; and (4) promptly inform the Site manager of any need to deactivate an account entirely.

 

To protect your privacy, we recommend that you not use an email address or mobile device that you share with anyone else.

 

If you enable biometric authentication (e.g., iOS or iPadOS Face ID, Touch ID or Android Fingerprint) to sign on to the App, it is your responsibility to be aware that all faces or fingerprints set up on your device for such biometric authentication will be linked to your Website account associated with the App. If other people use the biometric authentication method enabled on your device, they may be able to gain access to your Ylvory account via the App and view information you consider to be private. It is your responsibility to understand the risks of biometric authentication enabled on your mobile device.

 

You can stop using biometric authentication to sign on to the App at any time. You can elect this option by going to the settings in the App and turning off Face ID/Touch ID/Fingerprint.

Breaches of these Terms and Conditions

 

In consideration of being allowed to use the Site interactive services, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  • signing on as or pretending to be another person (Note: this does not restrict authorized use of the “Act for a Family Member” feature on the Site.)
  • using secure messaging for any purpose in violation of local, state, national, international laws or posted Ylvory Healthcare policies
  • transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others
  • transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including Ylvory Healthcare personnel) or entity as determined by Ylvory Healthcare in its sole discretion
  • using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others
  • collecting information about others, including email addresses
  • intentionally distributing viruses or other harmful computer code
  • attempting to (1) probe, scan, “hack”, or test the vulnerability of the Site or any Ylvory Healthcare system or network; or (2) breach any security or authentication measures on the Site or any Ylvory Healthcare system connected to either the Site
  • using any “deep-link”, “page-scrape”, “robot”, “spider”, data mining tools, data gathering and extraction tools, or other automatic device, program, algorithm or methodology, to (1) access, acquire, copy or monitor any portion of the Site, or (2) in any way reproduce or circumvent the navigational structure or presentation of the Site
  • “Jailbreaking” the operating system of a mobile device using the App

 

Ylvory Healthcare expressly reserves the right, in its sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Site due to any act that would constitute a violation of these Terms and Conditions. To the extent there is an inconsistency between these Terms and Conditions and the Website and YH Mobile Application Privacy Statement, these Terms and Conditions shall govern.

 

Ylvory Healthcare may offer interactive areas of the Site under license with Third Party software service providers. These Terms and Conditions extend to and apply to your use of our licensors’ software. Our licensors are direct third-party beneficiaries of applicable rights under these Terms and Conditions. By using our licensor’s software, you agree to be bound directly to our licensors with respect to your compliance with these Terms and Conditions. Ylvory Healthcare may directly enforce the licensors’ rights under these Terms and Conditions on the licensors’ behalf or a licensor may
enforce its rights under these Terms and Conditions directly against you or other users who breach these Terms and Conditions

Health Care Delivery Communications by email

 

By accepting these Terms and Conditions, you agree to receive care delivery essential communications by email. These communications may include (but are not limited to):

 

  • notification that an important message awaits you on the Site (this may be a message from a doctor, a new lab test result, an appointment confirmation, a response from a pharmacist, etc.)
  • Site and/or service updates
  • emergency alerts and critical messages (for example, if a snowstorm or wildfire has temporarily closed a medical center)
  • general health communications from Ylvory Healthcare providers

 

While you have Ylvory Healthcare, you may receive the monthly wellness updates by email as part of your essential communications and services. In addition, you may periodically receive online invitations to participate in member satisfaction and other types of surveys related to your experiences at Ylvory Healthcare. Your participation in such surveys is always optional.

 

You should take appropriate precautions to protect personal and confidential information, and to use your devices/apps in a secure and responsible manner. We are not responsible for the security of
your devices and we expect that you will configure them in a secure and responsible manner.

 

We will use a secure transmission method to send you communications that include protected health information
(as that term is defined under HIPAA) through e-mail, our Website, and/or Mobile App. While such secure transmission methods provide reasonable protections against unauthorized access, no system can
perfectly guard against risks of intentional intrusion or inadvertent disclosure of information sent to us. Moreover, when you transmit information via the internet, your information will be transmitted over
a medium that is beyond our control, and therefore the security of the transmission may be compromised before it reaches us. Accordingly, we make no guarantee as to confidentiality or security. If you
have concerns regarding the electronic transmission of protected health information, you should consider using non-electronic communication methods to receive documents relating to your health.

 

All Ylvory Healthcare staff and vendors who have access to, or are involved with, the processing of personal information are trained to respect the confidentiality of your personal information.

Communications by Phone or Text

 

You verify that any phone information provided to YH is true and accurate, and that you are the current subscriber or owner of any telephone number that you provide

 

You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive prerecorded voice messages and/or autodialed calls, and text messages from us, our agents, affiliates, and independent contractors related to your relationship with YH. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree to receive automated calls and text messages from YH, our agents, affiliates, and independent contractors even if you cancel your account or terminate your relationship with us, except if you opt-out (see below).

 

The text message communications that you may receive from YH may include (but are not limited to):

  • You may receive a one-time, multi factor authentication (MFA) passcode sent to you after you have opted-in to receiving such a code to authenticate your logging onto the Site
  • General health communications from Ylvory Healthcare providers including but not limited to notifications regarding upcoming or scheduled appointments, checkups and exams, lab results,
    post-discharge follow-up, prescription notifications or reminders, or home healthcare instructions
  • General health communications relating to your account, registration, changes and updates, service outages, reminders, billing notifications, payment notices, new services available to members, or
    any transaction with YH
  • Marketing and promotional communications

 

At any time, and even if you have expressly given us permission to send voice/text messages to you, you may communicate your desire not to receive additional voice/text messages by following the
stop or opt-out instructions in the voice or text message, by adjusting your preferences on the Website (for only certain categories of communications), or by contacting Member Services.

 

You acknowledge that neither Ylvory Healthcare nor Carriers are liable for delayed or undelivered messages.

 

As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless
provider.

 

You acknowledge that you are aware text messages are not fully secure and could be intercepted by a third party and acknowledge if you share your mobile device with others, they may be able to view text messages sent by Ylvory Healthcare. It is your responsibility to understand the risks of receiving text messages on your mobile device. To update your mobile phone number, sign on to the Website and choose the arrow icon next to your name at the top of the page. Then, select Profile and Preferences, and choose “Edit” under “Mobile numbers”.

Use by children

 

We do not knowingly allow minors under the age of 13 to create accounts that allow access to the secured features of the Site.

Access, correction, and data integrity

 

Although we attempt to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by third parties without our knowledge. If you believe that information found on the Site is inaccurate or unauthorized, please inform us by contacting our Site Manager. (On the Website, you may Contact our Site Manager using the link available at the bottom of each web page.)

Revisions, changes, and updates

 

We may revise the information on the Site or otherwise change or update the Site, including these Terms and Conditions, without notice to you. Ylvory Healthcare may also make improvements and/or changes in products and/or services described on the Site or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of the Site will signify your continued agreement to these Terms and Conditions as they may be revised.

Links to Third Party Websites

 

The Site provides links to other websites that are not owned or controlled by Ylvory Healthcare (“Third Party Websites”). We provide links to Third Party Websites as follows.

  • Ylvory Healthcare provides links to Third Party Websites to connect you easily to additional sources of health information or third party services that may be of interest to you. We may not have any business relationship with the party that controls this type of Third Party Website and a link to such a site is offered only as a convenience to you.
  • Ylvory Healthcare also provides links to Third Party Websites managed by vendors that we have made arrangements with to offer you services to help you manage your health or to take and fulfill orders when you purchase items or materials from us. These Third Party Websites may be co-branded, meaning that they display the Ylvory Healthcare logo and the logo of the Third Party vendor but they are owned and controlled by the Third Party.

 

Ylvory Healthcare may not be responsible for the content, security or the privacy practices of Third Party Websites. Please review the privacy statement and any terms of use of each Third Party Website you visit, if applicable. Unless we specifically advise you otherwise, links to Third Party Websites do not constitute or imply endorsement by Ylvory Healthcare of those sites, the information they contain or any products or services they describe. Ylvory Healthcare does not receive payment or other remuneration in exchange for you linking to or using any Third Party Website.

Deletion (Deactivation) of Your Online Account (App only)

 

If you request that we delete (deactivate) your online account, we will block access to your online account, but we will not delete any data or other information of the Ylvory Healthcare applications or websites associated with that online account. You will not be able to use any Ylvory Healthcare mobile applications or websites that use the same user ID and password associated with the online account. If you wish to reactivate your online account to regain access to such Ylvory Healthcare mobile applications or websites, please visit our website. With a deleted (deactivated) online account you’ll only be able to receive copies of your medical records by calling Member Services for the contact information of your local medical record office.

This section pertains to the App only.

 

Consent to Electronic (Paperless) Communications via Website and App By accepting the terms and conditions and agreeing to this consent to receive communications (all available ones or certain chosen ones) electronically, you consent (agree) to receive essential health communications via the Website and/or Mobile App. These communications may include (but are not limited to):

  • Billing: Communications and documents related to billing for Ylvory Healthcare may include but are not limited to: Medical Bills, Membership Letters (including delinquency notices), and Premium Bills.
  • Cost Estimates: Communications and documents as required of members and related to cost estimates for covered services.
  • Other types of communication: Other types of communications may include but are not limited to: Communications about your wellness program awards (if applicable to you), member satisfaction and other surveys (participation is optional), quality information, and other notices that may be required by law.

 

NOTE: Not all health documents and/or communications may be available in your region and/or via the Mobile App. As additional health plan coverage communications and documents are added to those already available electronically, Ylvory Healthcare will notify you. You may be asked to consent again to the receipt of documents electronically.

A. Electronic Delivery Method

 

If you consent to the receipt of communications and documents relating to your health by electronic delivery, they will be made available electronically through the Website. [and/or Mobile App] All communications that we provide to you in electronic form, will be provided either (1) via email; (2) via the Website as described in an email notice we send to you at the time the information is available; (3) to the extent permissible by law, by access to a Third-Party Website as described in advance for such purpose in an email notice we send to you at the time the information is available; or (4) by an email requesting that you access or download a PDF file from the Website containing the document.

 

Note: You will have the opportunity to print or save this information about electronic delivery and keep it for your records. By consenting to electronic delivery, you also agree to print out or download all documents we provide to you electronically and keep copies for your records

B. Notification that you have a New Communication

 

When a new document or communication is delivered electronically through the Website, you will be notified by email to the primary email address found in your Website profile. If Ylvory Healthcare receives a notification of delivery failure (i.e. a “bounce message”) that indicates that the primary email address which we have on file for you is no longer valid, we will suspend electronic delivery of all documents and communications and either notify you again using another method (such as text) or return to paper delivery of your documents and communications. We will then mail your communications and/or documents to the last known mailing address on file.

C. Hardware and Software Requirements

 

In order to access and retain your electronic documents, you will need the following computer hardware and software:

 

  • A computer with an internet connection
  • A current web browser that includes 128-bit encryption (e.g., Microsoft Edge , Firefox version 71 or later, Chrome version 49 or later, or Safari version 11 or later) with cookies enabled
  • Current Adobe Acrobat Reader version to open documents in PDF format
  • A valid email address (your primary email address in your Website profile)
  • Sufficient storage space to save past documents or an installed printer to print them

 

By giving your consent at this time, you agree that you have access to the necessary hardware and software as listed above, and are able to receive, open, and print or download a copy of any document for your records.

 

We will notify you if there are any material changes to the hardware or software needed to receive electronic documents from Ylvory Healthcare at least 30 days in advance of the date any such changes are made. At that time, we will also provide instructions on how to withdraw, change, or renew your consent for electronic delivery of your documents.

D. Updating your Contact Information

 

It is your responsibility to keep your primary email address up to date so that Ylvory Healthcare can communicate with you electronically.

 

You understand and agree that if Ylvory Healthcare sends you an email notification that a communication and/or document was sent and/or an electronic document has been posted, and we do not receive a notification of delivery failure (i.e. a “bounce message”), Ylvory Healthcare will be deemed to have provided the communication to and/or document you. This could occur if, for example, you do not receive it because your primary email address on file is blocked by your service provider, or you are otherwise unable to receive electronic communications.

 

Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add the Ylvory Healthcare email address to your email address book so that you will be able to receive the communications we send to you (please consult the instructions of your spam filter for specific directions on how to do this).

 

You can update your primary email address or mailing address at any time through your Website profile at yivoryhealthcare.com.

E. How to Withdraw your Consent

 

Your consent will remain in effect until your Ylvory Healthcare membership is terminated or you explicitly withdraw your consent by request through the Website.

 

When your Ylvory Healthcare membership is terminated, your document(s) will be sent to you by U.S. mail at your last known mailing address on file.

F. Requesting paper copies of electronic communications and documents

 

If, after you consent to receive your documents electronically, you would like to receive a paper copy of a document we previously sent you, you may request a paper copy within one year of the date we provided the document to you by contacting the Ylvory Healthcare Member Services Call Center.

 

Disclaimer and Limitation of liability

Disclaimer of Warranties

 

THE SITE, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. YOUR USE OF THE SITE IS VOLUNTARY, AND AT YOUR OWN RISK. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THE SITE DOES NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES BY YIVORY HEALTHCARE UNLESS SPECIFICALLY STATED OTHERWISE.

Limitation of liability

 

YIVORY HEALTHCARE AND ITS AFFILIATES, SUPPLIERS, LICENSORS AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, AND ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE, ANY APP TO WHICH YOU PERMIT YIVORY HEALTHCARE TO RELEASE DATA (AND INCLUDING, WITHOUT LIMITATION, THE APP’S USE OF ANY DATA YOU MAKE AVAILABLE TO THE APP), AND/OR ANY THIRD PARTY WEBSITE, OR YOUR USE OF ANY OF THE FOREGOING, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS DESCRIBED IN THE FOLLOWING PARAGRAPH, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, APPS, AND/OR THIRD PARTY WEBSITES IS TO STOP USING THE SITE, APPS, AND/OR THOSE SERVICES.

APPLICABLE LAWS MAY NOT ALLOW SUCH DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, OR THE EXCLUSIONS FROM SUCH LIABILITY, AND YOU MAY BE ENTITLED TO SEEK OTHER REMEDIES UNDER YOUR EVIDENCE OF COVERAGE OR OTHER AGREEMENT WITH YIVORY HEALTHCARE. IN SUCH CASE, THE ABOVE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Choice of law

 

THESE TERMS AND CONDITIONS ARE GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF CALIFORNIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS AND CONDITIONS.

Copyrights

 

Except as otherwise indicated, the Site and all content on the Site, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Ylvory Healthcare or its licensors and is protected by United States and international copyright laws. Ylvory Healthcare allows you to view or download a single copy of the material on the Site solely for your personal, noncommercial use.

 

The compilation of all content on the Site is the exclusive property of Ylvory Healthcare or, as applicable, its licensors, and is protected by United States and international copyright laws. Unless specifically authorized in writing by Ylvory Healthcare, any use of these materials, or of any materials contributed to the Site by entities other than Ylvory Healthcare, on any other website or networked computer environment for any purpose is prohibited.

 

Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by Ylvory Healthcare. Content and features are subject to change or termination without notice in the editorial discretion of Ylvory Healthcare.

 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

 

In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website, currently located at https://www.copyright.gov.

 

In accordance with the DMCA, Ylvory Healthcare has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:

Agent: Compliance Department at Ylvory Healthcare Inc.

 

Address: 30021 Tomas Suite 300, Rancho Santa Margarita, CA 92688

 

Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.

Trademarks and service marks

 

“Ylvory Healthcare” and the Ylvory Healthcare logo are registered service marks of Ylvory Healthcare Inc. Other proprietary marks of Ylvory Healthcare or third parties may be designated as such from time to time on the Site through use of the TM, SM, or ® symbols. Users of the Site are not authorized to make any use of the Ylvory Healthcare marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by Ylvory Healthcare or the applicable third party.

Copyright © 2024 Ylvory Healthcare. All rights reserved for all countries

 

Last updated: July 2024

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