Garner Health Technology, Inc. and its affiliates (collectively, “Garner,” “we,” “us,” “our”) provides certain services (described below) to you through its website located at www.getgarner.com (the “Site”) or other websites maintained by us, and through our mobile applications (the “Mobile App”) and related technologies, including any updated or new features, functionality and technology (collectively, with the Site, Mobile App, and any other related services, the “Service”), subject to the following terms of service (as amended from time to time, these “Terms of Service”). Please read these Terms of Service carefully, because they are a binding agreement between You and Garner. By accessing or otherwise using any part of the Service, you acknowledge that you have read, understand, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, please immediately cease all access to, and use of, the Service.
We reserve the right, at our sole discretion, to change or modify any portion of these Terms of Service at any time. If we do this, we will post a new version of the Terms of Service on this page and update the “Date of Last Revision”. Where required by applicable law, we will also notify you, either through the Service user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THIS AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST GARNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Your Privacy
At Garner, we respect the privacy of our users. You can learn more about our privacy practices in our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein. All such terms are hereby incorporated by reference into these Terms of Service.
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Your Privacy
At Garner, we respect the privacy of our users. You can learn more about our privacy practices in our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service
Services Description: The Service provides a web and mobile-based platform through which users can search for and identify relevant health care providers in different specialties and geographic areas (as discussed further below), access and use the Concierge Services (as defined below), and manage their HRA (as defined below). Your ability to access certain aspects or features of the Service may vary, depending on the relationship and scope of services that you or your (or your family members’s) employer has with or contract to obtain from Garner. Garner makes no representation or warranty that any aspect or feature of the Services described herein will be available to you.
Finding Health Care Providers: Users can search for and identify health care providers (“Providers”) in their insurance network and/or geographic area, in different specialties or that provide specific services, or that can address specific symptoms users may be experiencing. We will display Providers that we have determined to be the most effective, based on our analysis of data concerning clinical outcomes and intervention practices.
Concierge Service: Users can communicate with representatives from Garner via the chat function provided by the Service, or by telephone call, to receive help searching for and identifying appropriate health care providers in your insurance network and/or geographic area. We can help recommend a Provider based on the symptoms or health care needs you describe.
HRA Services: Users can manage their Health Reimbursement Arrangement (“HRA”) benefit provided by their (or their family members’s) employer. Users may be able to submit documentation for their eligible medical expenses under the HRA terms. A User’s eligibility for reimbursement may be dependent on his or her use of Providers. Note that you may be penalized for any fraudulent claims for reimbursements. Please refer to your HRA plan documentation provided by your (or your family member’s) employer for more information about your HRA account and Garner’s related services. We reserve the right to modify, suspend or discontinue, temporarily or permanently, any HRA benefits or account access from time to time with prior notice to you, subject to the terms of your HRA plan.
No Treatment Offered by Garner; Medical Disclaimer: Garner is not authorized to provide services requiring professional licensure, does not offer any medical treatment or perform any clinical health services, and does not provide any medical advice. NO HEALTH CARE PROVIDER/PATIENT RELATIONSHIP IS CREATED BETWEEN GARNER AND AN INDIVIDUAL WHEN AN INDIVIDUAL USES THE SERVICE.
The Service is not intended or implied to be a substitute for professional medical diagnosis or treatment. You are encouraged to confirm any information or advice obtained from or through the Service with other sources, and review all information and advice regarding any medical condition or treatment with your primary care physician or other health care professional. All Content (as defined below) contained on or available through the Service is for general information purposes only. Garner makes no representation and assumes no responsibility for the accuracy of information contained on or available through the Service, and such information is subject to change without notice. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICE.
IF YOU THINK YOU OR SOMEONE USING THE SERVICE MAY HAVE A MEDICAL EMERGENCY, CALL A DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
Health Related Content: Health-related information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material included in the Service or otherwise available on or via the Service may describe general principles of health care, but should not be construed as specific instructions for individual patients. Any such Health-related Content is for reference only and should not be used to determine treatment for specific medical conditions—only a health care provider should do that. You understand and agree that in no event will Garner be liable for any decision made or action taken in reliance on such general information contained thereon, and reliance thereon is solely at your own risk.
GARNER IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY ACTION OR INACTION BY ANY HEALTH CARE PROVIDER IDENTIFIED OR RECOMMENDED VIA THE SERVICE, OR ANY MEDICAL OR HEALTH PROCEDURE, ADVICE, SERVICES, ANALYSIS OR INFORMATION THAT IS IDENTIFIED, RECOMMENDED, SCHEDULED, OR ACCESSED THROUGH THE SERVICE.
Providers: You understand and agree that Garner: (a) does not direct, have any control over, employ, or endorse any Providers and has no control over the acts or omissions of any Providers; (b) is not responsible or liable in any manner for the performance or conduct of any Providers; (c) makes no representations, warranties or guarantees about the quality, suitability, safety or legality of the services provided by any Provider, the qualifications, identity or background of any Providers or about your interactions or dealings with any Providers; (d) does not vet, screen or conduct any kind of identity or background checks of any Providers; and (e) is not responsible for payment for services furnished by any Provider. You should exercise caution and perform your own independent assessment of Providers before receiving care from any Providers. You should independently verify that a Provider is in your insurance network and/or their geographical proximity to you. By using the Service, you acknowledge and agree that you are solely responsible for your use of the Service and, as between you and Garner, the communication you have with, and any care or services, you may receive from, any Provider, and any payment you may owe to any Provider.
Network Status of Providers: Garner aims to only recommend Providers that are in-network with your insurance, but since insurance companies change their networks on a regular basis, we always recommend verifying that a Provider is still in-network with your plan on or before the day of service. We also encourage you to confirm that all of the services (e.g., procedures, tests) are covered by your insurance, as your HRA won't cover out-of-network costs. You acknowledge that we do not provide any guarantee or warranty that the information provided as part of the Service will in all cases be accurate or up-to-date, and you agree not to hold Garner responsible for any out-of-network costs that are not covered by your insurance or your HRA, regardless of the network status information provided as part of the Service.
Plan/Benefit Information: The Service may also provide information related to your health plan or benefits. While Garner aims to provide information that is accurate and up-to-date, we do not provide any guarantee or warranty that such information is accurate, complete, or up-to-date, and we recommend confirming all plan or benefit information with the provider of such plan or benefit(s). You agree that you will not rely on any plan or benefit information provided in the Service.
Registration: You are required to register with Garner via the Site or Mobile App in order to access and use certain features of the Service. Users are only eligible to register for an account and/or use the Service if they are a participating and eligible employee (or eligible dependent of such an employee) of an employer that has separately contracted with Garner to provide the Service to its participating and eligible employees (and their eligible dependents). If you are a dependent of an eligible and participating employee, you may only be able to create an account if the participating employee has first registered with Garner. Garner may delay your registration or take other actions as needed to validate or authenticate your account and eligibility. For more information about your eligibility, contact your employer’s human resources and benefits department.
Your Registration Obligations: If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Treatment of any data and other information about you that is provided as part of your registration is outlined further in our Privacy Policy. The Site and the Mobile App are not directed at anyone under the age of 18, and Garner does not seek to obtain information from any person under the age of 18. By registering to use the Service, you are attesting to the fact that you are at least 18 years of age and possess the legal rights and ability to agree to these Terms of Service. If you are under 18 years of age, you are not authorized to use the Service with or without registering. Garner is not liable for any loss or damage arising from your failure to comply with these obligations.
User Account, Password and Security: When creating your account, you represent and warrant that you will provide accurate and complete information. You are expected to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account, even if due to misuse or any unauthorized access. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you and you agree not to provide any other person with access to the Service using your username, password, or other security information. You also agree to ensure that you logout from your account at the end of each session. You agree to immediately notify Garner of any unauthorized use of your password or account or any other breach of security. Garner will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Deleting Your Account: You may delete your account at any time by visiting the Site or the Mobile App, logging into your account, going to the "Settings" menu, then the "Account" page, and clicking "Delete my account." Alternatively, you may delete your account by sending an email with the request in the subject line to accounts@getgarner.com. Note that doing so may delete your data and information stored on the Service or shared via the Service, and we will bear no responsibility for such loss of data or information. If you delete your account, we may still retain certain information or data as permitted under these Terms of Service (and subject to the Privacy Policy), as may be required to respond to any dispute claims from you during the applicable period set out below in “Reimbursements”, as may be required to comply with our obligations to your employer, or as may be necessary or advisable in order to comply with any applicable law, rule, statue, order or regulation (collectively, “Law”). In the event any fees have been incurred prior to de-registration or deletion, such fees will be due and owing, until paid in full, such account deletion notwithstanding.
Modifications to Service: Garner reserves the right to suspend, limit, condition, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Garner will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service regardless of the reason for such modification, suspension or discontinuance.
General Practices Regarding Use and Storage: You acknowledge that Garner may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Garner’s servers on your behalf. To the extent Garner is storing or processing information or data that is defined under HIPAA as “Protected Health Information” (“PHI”), Garner will comply with the applicable privacy and security requirements set forth under HIPAA, and as further discussed in the Privacy Policy. You acknowledge that Garner reserves the right to terminate accounts that Garner deems to be inactive. You further acknowledge that Garner reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further acknowledge that in the event Garner terminates an inactive account, Garner may delete any data, including PHI, and once the account is deemed to be inactive, we will bear no responsibility for such loss of data or information; provided that we may retain any information or data as permitted under these Terms of Service and subject to the Privacy Policy, or as may be necessary or advisable in order to comply with any Law.
Email Communications: You agree that in order to facilitate use of the Service and for your convenience, Garner may communicate with you via email if you request or direct that we do so, or if you initiate email communication with us. You acknowledge that such email communications may include your personal health information, may not be encrypted, and may be viewed by others with access to your email account.