Latest revision: April 23, 2018
Chataroma is a communications platform designed to offer secure messaging and video chat connecting Wellness Service Providers to patients. Chataroma is a DBA of W8 Distributing Inc with a mailing address of 5526 West 13400 South #555 Herriman, Utah 84096.
If you do not agree to all of these Terms and do not wish to be bound by this agreement, you are not authorized to use any Chataroma Services or our website, secure portal or mobile services.
The terms "you," "your," "yours,", "user," "users," refer to you, the individual patient or Wellness practitioner using Chataroma. When we use the terms "patient" or "patients," we are referring only to i) patients using Chataroma Services to receive wellness services or to test Chataroma or the Chataroma Services; or ii) other individuals using Chataroma Services to test Chataroma or the Chataroma Services or to administer Chataroma or Chataroma Services. Likewise, when we use the term “Individual Wellness Practitioner(s)” we are referring only to the individual Wellness practitioner(s) using Chataroma Services to provide wellness services to patients or to test Chataroma or the Chataroma Services.
If you are an Individual Wellness Practitioner using the Chataroma Services to provide wellness services and are doing so pursuant to an agreement between Chataroma and a Chataroma Provider (as such term is defined below) with which you are associated, your use of Chataroma Services will be governed by these Terms. If you have previously entered into an agreement with Chataroma on an individual basis, then that agreement will control your use of the Chataroma services.
The terms "Chataroma," "Company," "we," "our," "ours," refer to Chataroma
Chataroma reserves the right to modify, edit or update these Terms at any time and for any reason. Continued use of our Services signifies your agreement to be bound by any revisions to these Terms. The date of the latest revision of our Terms is listed above.
LicenseBy agreeing to our Terms and using Chataroma Services, you are granted a limited, personal, non-exclusive, non-transferable, revocable license to use Chataroma Services for your personal use and not for resale or further distribution. Your right to use Chataroma Services is limited by the Terms set forth herein.
Medical EmergenciesYou agree and acknowledge that Chataroma Services are not meant for use in Medical emergencies. If you are a patient and believe you may be experiencing a Medical emergency, DO NOT attempt to sign into Chataroma. Dial 9-1-1, call your doctor or go immediately to the closest emergency department. In addition, if you are in need of follow-up care or assistance as a result of an adverse reaction to treatment or if you are unable to communicate with an Individual Wellness Practitioner as a result of a technological or equipment failure, and it is NOT a Medical emergency, call your doctor for assistance or go to the closest emergency department to receive an in-person Medical evaluation and follow-up care.
If you are an Individual Wellness Practitioner, you acknowledge and agree that you will not use Chataroma Services to treat any Medical emergencies and you will advise all patients that Chataroma Services are not meant for use in Medical emergencies. Should a Medical emergency arise during the use of Chataroma Services, you agree to immediately dial 9-1-1 or otherwise use the appropriate channels to resolve such Medical emergency
ProvidersChataroma Services are offered in connection with established wellness providers. These health systems, practices, Individual Wellness Practitioner and/or other wellness providers ("Chataroma Provider," "Provider," collectively "Providers") have entered into a contract with Chataroma to provide wellness services using Chataroma Services.
Chataroma Does Not Provide Medical AdviceChataroma Services (and any related web and mobile services) only enable communication between patients and their Providers. We do not offer any direct Medical advice, treatment, recommendations or diagnoses. We do not employ or retain any physicians for the purpose of provisioning Medical services. Think of us as a really sophisticated communications company for your wellness needs; we only provide the connection between you and a Wellness provider.
Accuracy of DataYou agree that you are solely responsible for the content of any messages that you send as well as the information that you relay to your provider as part of the registration process or in a video session, in addition to any other content that you submit or post through Chataroma Services. You agree that you will only submit accurate information in a full and complete manner over any of our Services.
PrescriptionsChataroma and Individual Wellness Providers do not have the ability to directly prescribe any medication for patients using Chataroma Services.
Provider Referrals and Complex CasesIf you are a patient, a Provider may decide to refer you to another Wellness Provider for care under Chataroma Services. Providers may maintain limited patient panels and may close their availability to additional or new users of Chataroma Services. Additionally, some patients' Wellness condition or Wellness history may be deemed too complex or inappropriate for Chataroma Services. This decision is at the sole discretion of Providers. When an Individual Wellness Practitioner determines that the nature of the Chataroma Service renders the Individual Wellness Practitioner unable to access all pertinent clinical information that a health care provider exercising ordinary skill and care would deem necessary for the practice of medicine at an acceptable level of safety and quality in the context of the particular Wellness encounter, the Individual Wellness Practitioner shall make this fact known to the Patient prior to the conclusion of the encounter and must advise the Patient of the need for the Patient to obtain an additional, in-person Wellness evaluation that is reasonably able to meet the Patient’s needs. Chataroma Providers have the right to not accept or terminate a patient relationship over Chataroma Service for any reason or no reason at all.
Any patient that has paid for access to Chataroma Services and been deemed ineligible for subscription by their Provider will be able to receive a refund for any payments provided during the timeframe they were deemed ineligible.
High Speed Data ConnectivityChataroma Services require access to a high speed data network, either by cellular network, wireless or landline - depending on your device. It is dependent on both the patient and their Provider to ensure that they have a sufficiently fast data connection, particularly for video chat sessions. If you do not have access to a high quality data connection, please move to a different location that does before attempting to use Chataroma Services. It is your responsibility to ensure you have sufficient network data capacity before launching any Chataroma Services. Chataroma is not responsible for network coverage by either patients or Providers.
For Mobile Users
- An iOS device (iPhone 5s/iPad 4th generation) with the latest operating system updated (iOS 10+) and the native Chataroma (or white-labeled) iOS app installed
- An Android device (less than 2 years old) with at least Lollipop (5.1) and the native Chataroma (or white-labeled) Android app installed
For Computer Users
CostChataroma Services are offered to self-pay patients only and require a valid credit card on file before a video chat may be initiated. Chataroma may provide free credits to use the service. Pricing for Chataroma services may change from time to time, and updated pricing will be included on Chatarom.com. You agree to be solely responsible for all costs incurred by you to connect to the Chataroma Services, including but not limited to obtaining and maintaining all data connectivity, computer, smartphone, tablet, web camera and any other equipment necessary.
Insurance/Medicare/MedicaidChataroma Services are not intended for reimbursement through insurance, Medicare or Medicaid. Our Providers have agreed to not submit any interaction over Chataroma Services for reimbursement. Chataroma is not an insurance product of any kind. If you are a patient, you acknowledge that Chataroma Services are available uniquely through our Service and are not otherwise available from your Provider.
EligibilityYou must be at least eighteen years of age to establish an account with Chataroma. For minors under the age of eighteen, a parent or legal guardian may establish and utilize Chataroma Services on behalf of the minor. If you are entering into this Agreement on behalf of a minor, you represent and warrant that you are the parent or legal guardian of such minor and that you have the right to contract on such minor’s behalf, without obtaining the consent or approval of any other party. To the extent applicable law requires that you obtain the consent of such minor to enter into this Agreement, you represent and warrant that you have such consent. If a legal guardian establishes an account on behalf of a patient who is under the age of eighteen, the guardian acknowledges that they have received permission from the patient to access their Protected Health Information ("PHI") and interact with a doctor on their behalf. It is your responsibility to always provide truthful answers to the best of your ability and knowledge in any interaction with your Provider over Chataroma Services.
Account InformationYou are required to register your account under your own legal name or the legal name of the minor for whom you are maintaining an account. You are responsible for maintaining the confidentiality of your user information and password and for all activities that occur under your account and password. If unauthorized use of your password occurs or you are aware of any other security concerns/potential breaches of data security, you must notify Chataroma immediately at [email protected]
You agree that you will keep your account information and email address current and upto-date. You hereby grant Chataroma permission to communicate with you using this email address.
RestrictionsYou must comply with all applicable laws when using Chataroma Services. Except as may be expressly permitted by applicable law or authorized by Chataroma in writing, you will not, and will not permit anyone else to: (i) upload, post, email, or otherwise transmit any content or images that we, in our sole discretion, deem inappropriate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, pornographic, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (ii) use any automated tool (e.g., web crawlers, bots, spiders, automated scripts, etc) to to collect information from or otherwise interact with Chataroma Services; (iii) interfere with the operation or hosting of the Platform or the System; (iv) rent, lease, or sublicense your access to Chataroma Services to another person; (v) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any rights to access or use the Platform or otherwise make the Platform available to any third party except for Company’s Providers as expressly permitted herein or otherwise use this website or any of its contents in any way for any public or commercial purpose; vi) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of any aspect of the Chataroma Services; (vii) circumvent or disable any usage rules or other security features of Chataroma Services; (viii) use Chataroma Services in any manner that threatens their integrity, performance, or availability; (ix) remove, alter, or obscure any proprietary notices (including copyright notices) anywhere within Chataroma Services; (x) use Chataroma Services for any purpose in violation of local, state, national, or international laws; (xi) distribute or post advertising or other unsolicited material to any third party; (xii) impersonate any person or entity or falsely represent your identification; (xiii) Use the Chataroma Services to distribute spam or other unsolicited emails, viruses, malware, or any other computer code, harmful or otherwise; (xiv) use Chataroma Services for any purpose other than their intended use; (xv) alter, modify, reproduce, create derivative works of the Chataroma Services; (xvii) Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Chataroma Services; or (xviii) build or attempt to build a competitive product or service to the Chataroma Services.
For the purposes of this Agreement, “Suggestion” shall mean any input, feedback (or other information) regarding the further refinement, development, modification or improvement of the Chataroma Services or other observations, comments, criticisms, and feedback regarding the use, operation, functionality and features of the Chataroma Services, provided to Chataroma by you or any other entity or person. You agree that Chataroma shall be the sole owner of any Suggestions or other input, feedback or other information regarding the further refinement, development, modification or improvement of the Chataroma Services, and further agree that Chataroma shall be the sole owner of any resulting enhancement, refinement, development, modification or improvement of the Chataroma Services; and therefore you hereby assign to Chataroma all right, title and interest in and to any Suggestions, input, or feedback (or other information), including any associated intellectual property rights that you may make regarding the Chataroma Services. Various aspects of Chataroma Services may be covered by patents, trademarks or copyrights owned or licensed by Chataroma.
No WarrantyYour use of Chataroma Services, and all information, products or services contained therein, is at your sole risk. Chataroma Services are provided on an “as is,” “as available” and “with all faults” basis. Reliance on any information or advice offered by any Provider through Chataroma is at your exclusive discretion, and you assume all risk for the results or outcome of any resulting course of action. Chataroma does not monitor or have access to any information exchanged between patients and Providers and cannot in any way ensure the accuracy of these communications. To the fullest extent permissible under law, Chataroma and its managers, officers, directors, employees, affiliates, advisers, shareholders or other representatives (collectively "affiliates") disclaim all representations and warranties, expressed or implied, statutory or otherwise, including, but not limited to, warranties of fitness of title, non-infringement, purpose, merchantability and freedom from errors, bugs and/or viruses. Furthermore, Chataroma and any of its affiliates make no warranty to the accuracy, reliability, timeliness, usefulness, adequacy, completeness or suitability of the Chataroma Services or any information, recommendations or advice given by Chataroma Providers or any Individual Wellness Practitioner.
Limited LiabilityExcept as expressly provided herein, in no event shall Chataroma’s aggregate liability for all claims of any kind, including any claims arising out of or related to these terms or your use, or inability to use, the Chataroma Services, whether by statute, contract, tort, or under any other theory of liability, exceed (i) the fees paid by you for the services hereunder during the twelve (12) month period immediately preceding the date on which the cause of action arose, or (ii) if you have not paid any fees for use of the Chataroma Services, an amount equal to $20.00 per month for every month you were receiving the Chataroma Services during the twelve (12) month period immediately preceding the date on which the cause of action arose.
To the maximum extent permitted by applicable law, in no event shall Chataroma, its directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill use, or data or other intangible losses, that result from the use of, or inability to use, the Chataroma Services or any other aspect of this agreement. Under no circumstances will Chataroma be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Chataroma Services or your account or the information contained therein.
Your exclusive remedy for any interruption or cessation of access or transmission to or from the Chataroma Services in violation of these terms is for Chataroma to refund all fees paid to Chataroma by you.
The parties acknowledge and agree that the essential purpose of this section is to allocate the risks under these Terms between the parties and limit their potential liability given the fees collected by Chataroma for Chataroma Services, which would have been substantially higher were Chataroma to assume any further liability other than as set forth herein. The parties have relied on these limitations in determining whether to enter into these terms. Nothing in these Terms is intended to exclude or restrict or shall be construed as excluding or restricting (i) the liability of Chataroma caused by the gross negligence of Chataroma, its employees, or its agents; (ii) the liability of Chataroma for its willful misconduct; or (iii) any liability which cannot be limited or excluded by applicable law.
IndemnityYou will indemnify and hold Chataroma, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use, misuse or non-use of Chataroma Services, your violation of these Terms, or your violation of any rights of a third party through use of Chataroma Services. If you are an Individual Wellness Practitioner providing wellness services using Chataroma Services, you explicitly agree, in addition to the forgoing indemnification obligations, to indemnify and hold Chataroma, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by, resulting from, or arising out of your provision of wellness services using Chataroma Services or a failure to do the same.
DurationThese Terms enter into effect upon the date you first access or use Chataroma Services and/or establish an account. Chataroma may modify these Terms at any time. These Terms remain in effect for as long as you continue to access or utilize any Chataroma Services.
Either you or Chataroma may terminate this contract and your right to use the Chataroma Services at any time, with or without cause. In the event that the relationship between Chataroma and your Provider is terminated, Chataroma may communicate that to you. These Terms and the licenses granted hereunder shall terminate without notice in the event that you (or any authorized person using your account) fail to comply with them. Upon any termination, you will destroy all copies of Chataroma materials in your possession and immediately cease any access to or use of the Chataroma Services. Upon termination for any reason, the provisions of these Terms relating to indemnification and any other provisions which by their nature should survive termination or expiration of this Agreement, shall so survive.
We reserve the right to limit, modify, or discontinue, temporarily or permanently, all or a part of Chataroma Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of Chataroma Services.
Governing Law; Time Limit for Causes of ActionThese Terms are governed by the laws of the State of Utah, without respect to its conflict of laws principles. You consent to the exclusive jurisdiction of the state and federal courts located in the State of Utah.
You and Chataroma agree that any cause of action arising out of or related to these Terms or Chataroma Services must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred; provided, however, that the forgoing shall not apply to any cause of action arising out of or Caused by (i) the gross negligence or willful misconduct of Chataroma, its employees, or its agents; or (ii) any liability which cannot be limited in the forgoing manner by applicable law.
For Residents of Texas: Risks and Benefits of TelemedicineIn Texas, telemedicine Wellness service means a health care service delivered by a physician licensed in Texas, or a health professional acting under the delegation and supervision of a physician licensed in Texas, and acting within the scope of the physician's or health professional's license to a patient at a different physical location than the physician or health professional using telecommunications or information technology.
The benefits of telemedicine can include access to consultation and initiation of Wellness care at a time and place that is more convenient and efficient for the patient, with the understanding that it does not replace an in-person encounter with a Wellness professional. A health professional providing a health care service or procedure as a telemedicine Wellness service is subject to the standard of care that would apply to the provision of the same health care service or procedure in an in-person setting.
The risks of telemedicine relate to the physical separation between health care provider and patient. A telemedicine exam is not a complete physical exam as would normally take place in person. Telemedicine is further limited by its dependence on the use of technology to allow communication between the health care provider and patient.
For Residents of Texas: Notice Concerning ComplaintsComplaints about physicians, as well as other licensees and registrants of the Texas Wellness Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address: Texas Wellness Board, attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box mc-263, Austin, TX 78768-2018. Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353, for more information, please visit our website at http://www.tmb.state.tx.us.
Aviso sobre las quejas, las quejas sobre medicos, asi como sobre otros profesionales acreditados e inscritos del consejo medico de tejas, incluyendo asistentes de medicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente direccion para ser investigadas: Texas Wellness Board, attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box mc-263, Austin, TX 78768-2018, si necesita ayuda para presentar una queja, llame al: 1-800-201-9353, para obtener mas informacion, visite nuestro sitio web en http://www.tmb.state.tx.us.