Terms of Use

EFFECTIVE DATE: JUNE 21, 2023

English | Español

I. INTRODUCTION AND ELIGIBILITY

Please read these Terms of Use (“Terms”) carefully before using the higi Site. These Terms cover your access and use of the higi Site. These Terms include higi’s Privacy Policy, which is incorporated by reference into these Terms. We have highlighted certain Terms to help explain or emphasize key sections. These highlights are for convenience only and have no legal or contractual effect.

This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Services means you accept any changes.

‍Binding Agreement. These Terms constitute a binding agreement between you and Higi Care LLC and its affiliates and subsidiaries (“higi”, “we”, “us”). “You” and “users” shall mean all visitors to the higi Site. You accept these Terms each time you access the higi Site. If you do not accept these Terms, you must not use the higi Site. If you are under 18 years of age, you represent and agree you possess the legal consent of your parent or guardian to access and use the higi Site.

‍Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. If we make material changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the website or updating the “Last Updated” date at the beginning of these Terms. Your continued use of the higi Site after a change to these Terms constitutes your binding acceptance of these Terms.

The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the higi Site.

II. THE HIGI SERVICE

The “higi Site” means any websites (including www.higi.care) and other services provided by higi in connection with providing an online or digital platform for independent Providers and their patients to connect through the use of synchronous and asynchronous telecommunications technologies.  The higi Site facilitates access to online clinical telehealth services and secure messaging from independent licensed healthcare professionals (the “Providers”) to patients.

Medical Advice. higi does not give medical advice. higi contracts with Higi Professionals of Delaware Professional Corporation, an independent, physician-owned medical group with a network of Providers who provide clinical telehealth services, and its related practices (collectively, the “Medical Group”). The Providers are independent of higi and merely use the higi Site as a way to communicate with you. The Providers, and not higi, are responsible for the quality and appropriateness of the care they render to you. Any information or advice received from a Provider comes from them alone. Neither higi nor any third party who promotes the higi Site or provides you with a link to the higi Site, shall be liable for any professional advice you obtained from a Provider via the higi Site, nor for any information obtained on the higi Site. You acknowledge that your reliance on any Providers or information delivered by the Providers via the higi Site is solely at your own risk and you assume full responsibility for all associated risks. 

The content of the higi Sites, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by higi. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. While higi facilitates your selection of, and communications with, Providers, higi does not provide medical services, and the doctor-patient relationship is between you and your Medical Group Provider. The services and information provided by higi, are intended to be for general information purposes only.

Privacy and Confidentiality. Higi protects information it receives in conformance with its privacy policy and obligations to businesses with which it may have contractual relationships.

Permission to Use the higi Site. We grant you permission to use the higi Site subject to the restrictions in these Terms. Your use of the higi Site is at your own risk, including the risk that you might be exposed to User Content (as defined below) that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

III. CHILDREN ARE NOT ELIGIBLE TO USE THE HIGI SERVICE

Children. No part of the higi Site is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE higi SERVICE AT ANY TIME OR INANY MANNER. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at privacy@higi.care.

IV. COMMUNICATIONS

By using the higi Site to communicate with Providers, you consent to receive electronic communications from higi (e.g., via email, push notifications on your tablet or mobile device, by posting notices to the website). These communications may include administrative notices (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We also may send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving promotional emails at any time by following the unsubscribe instructions provided in the email.

‍Text Messages from the higi Sites. By providing higi your mobile telephone number and requesting that we communicate information to you by text message, you consent to receive commercial text messages at that number as requested. Fees may be charged by your wireless service carrier. You are responsible for these charges. You may turn off or unsubscribe from these messages by texting STOP in reply to text messages from the higi Sites. You may also be able to change your text message preferences using the higi Sites.

We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. higi is not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.

Electronic Notices. By using the higi Site you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the higi Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the higi Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at support@higi.care.

V. HIGI’S CONTENT OWNERSHIP AND USE

higi owns or has rights to all of the content we make available through the higi Site, but you may use it as you use the higi Site. You cannot use our logo without our written permission.

The contents of the higi Site include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other higi content (collectively, “higi Content”). All higi Content and the compilation (meaning the collection, arrangement, and assembly) of all higi Content are the property of higi or its licensors and are protected under copyright, trademark, and other laws. Except as expressly authorized in writing by higi, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the higi Site or the higi Content, in whole or in part. You agree that you will not share your user credentials except as specifically authorized by higi in writing.

License to You. We authorize you, subject to these Terms, to access and use the higi Site and the higi Content solely for the personal use of the higi Site, at our discretion, and does not permit use of any data mining, robots, scraping, or similar data gathering or extraction methods. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the higi Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original higi Content on any copy you make of the higi Content.

higi Marks. higi, the higi logo, and other higi logos and product and service names are or may be trademarks of higi (the “higi Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the higi Marks.

Feedback. If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you. higi will never publish your name or other identifying information in connection with any testimonial unless you have given us your prior approval. higi may republish any publicly available review, comment, or testimonial about higi or the higi Site on its websites or in other media.

VI. ACCESS RIGHT AND RESTRICTIONS

Subject to these Terms and the payment of all applicable fees, higi grants you a limited, revocable, non-transferable, non-exclusive license to use higi Sites solely for your personal and non-commercial use.  All rights not expressly granted to you in these Terms are reserved and retained by higi or its licensors, suppliers, publishers, rights holders, or other content providers. 

You agree not to (i) use the higi Site in any unlawful way or for any unlawful purpose; (ii) impersonate or misrepresent your identity or falsely state or misrepresent your current location, medical history, information about your medical condition, or your affiliation with a person or entity; (iii) promote, encourage, or engage in defamatory, abusive, libelous, obscene, threatening, or otherwise objectionable behavior; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the higi Site; (iv) use robots or scripts with the higi Site; (v) distribute viruses or other harmful computer code through the higi Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this higi Site; (vii) have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) harvest or collect PHI or other personal information about any other individual who uses the higi Sites; (ix) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties; or (x) otherwise use the higi Site in any manner that exceeds the scope of use granted above.

VII. COPYRIGHT POLICY

Tell us if you think a user has violated your copyright using the higi Site, or if you think someone incorrectly reported that you violated his or her copyright.

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 posted on the higi Site infringe your copyright, you (or your agent) may send higi a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

  2. Identification of the copyrighted work alleged to have been infringed(or if multiple copyrighted works located on the higi Site are covered by a single notification, a representative list of such works);

  3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow higi to locate the material on the higi Site;

  4. Your name, address, telephone number, and email address (if available);

  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send higi a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the higi Site should be sent to Higi Care LLC, 100 S Wacker, Suite 1600, Chicago, IL 60606 (support@higi.care). Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

VIII. CONSEQUENCES OF VIOLATING THESE TERMS

If you do not act acceptably, we may prohibit your use of the higi Site.

We reserve the right to suspend or terminate your account and prevent access to the higi Site for any reason, at our discretion. We reserve the right to refuse to provide the higi Site to you in the future.

Violations of system or network security may result in civil or criminal liability. higi will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the higi Site or any activity being conducted on the higi Site.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the higi Site.

IX. HIGI’S LIABILITY

We are not liable for the actions of users when they use the higi Site. We may also change the higi Site at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the higi Site or other websites.

‍Changes to the higi Site. We may change, suspend, or discontinue any aspect of the higi Site at any time, including hours of operation or availability of the higi Site or any feature, without notice or liability.

‍User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the higi Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release higi of all claims, demands, and damages in disputes among users of the higi Site. You also agree not to involve us in such disputes. Use caution and common sense when using the higi Site.

‍Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the higi Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the higi Site. Use the higi Site at your own risk.

Third-Party Websites. The higi Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

Released Parties Defined. “Released Parties” include higi and its affiliates, officers, employees, agents, partners, and licensors.

A. DISCLAIMER OF WARRANTIES

You use the higi Site at your own risk. We make no warranties or guarantees. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE higi SITE IS AT YOUR SOLE RISK, AND THE higi SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE higi SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE higi SITE WILL MEET YOUR REQUIREMENTS, (ii) THE higi SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE higi SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE higi SITE WILL MEET YOUR EXPECTATIONS AND, AND (iv) ANY ERRORS IN THE higi SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE higi SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, ANDYOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

B. LIMITATION OF LIABILITY AND INDEMNIFICATION

We are not liable for anything that happens to you that somehow may be connected to your use of the higi Site. If you use the higi Site in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HIGI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE higi SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH,FROM, OR AS A RESULT OF THE higi SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OFYOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE higi SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi)ANY OTHER MATTER RELATING TO THE higi SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE higi SITE OR YOUR USE OFHIGI CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT,BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i)your use of or reliance on any third-party content, (ii) your use of or reliance on any higi Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

X. GENERAL TERMS

These Terms constitute the entire agreement between you and higi concerning your use of the higi Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect. The English-language versions of the Terms and incorporated agreements, such as the Privacy Policy, contain the binding terms, and any translations into other languages are for convenience only. If the English-language version conflicts with any translation, the English-language version controls.

You may not assign, transfer, or delegate the Terms of Use or any part thereof without higi’s prior written consent. higi may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. These Terms will be binding upon and inure to the benefit of the heirs, successors, and permitted assigns of the parties.

XI. ARBITRATION, CLASS WAIVER, AND WAIVER OF JURY TRIAL

Please read the following sub-sections carefully because they require you to arbitrate certain disputes and claims with higi and limit the manner in which you can seek relief from us, including a class action waiver.

We are located in Illinois, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the higi Site.

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and higi agree (a) to waive your and higi’s respective rights to have any and all disputes arising from or related to these Terms, or the higi Site, resolved in a court, and (b) to waive your and higi’s respective rights to a jury trial. Instead, you and higi agree to arbitrate disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court).

These Terms and the relationship between you and higi shall be governed by the laws of the state of Illinois without regard to its conflict of law provisions. You agree to first contact higi at support@higi.care regarding any claim or controversy arising out of or relating to these Terms of Use or your use of the higi Site. You and higi agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the higi Site under the rules of the American Arbitration Association (AAA). The AAA Rules and additional information about the AAA are available on the AAA website.  By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the AAA Rules, or (b) waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason. Any such arbitration, to the extent necessary, shall be conducted in Chicago, Illinois. The parties shall attempt to agree on the single arbitrator to be appointed to resolve the Dispute. If the parties are unable to reach agreement within 30 days after commencement of the arbitration with the AAA, the arbitrator selection process identified in the AAA Consumer Arbitration Rules shall apply.  You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court. Each party shall be responsible for its costs incurred in such arbitration, but the arbitrator shall not have the authority to re-allocate those costs in an award or otherwise. If you cannot afford to pay for the arbitration, you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. As part of the arbitration, both you and higi will have the opportunity to reasonable discovery of non-privileged information that is relevant and material to the Dispute, including the ability to request from each other, and third parties, documents, information and testimony that is relevant and material to the Dispute.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this section by writing to support@higi.care. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By not opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with section.

You covenant not to sue higi in any other forum. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. You agree that higi may recover reasonable attorneys’ fees from you if higi prevails in an action for injunctive relief against you. 

You and higi agree that any Dispute arising out of or related to these Terms or the higi Site is personal to you and higi and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and higi agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and higi agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

You and higi agree that these Terms affect interstate commerce and that the enforceability of this section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

As limited by the FAA, these Terms and the applicable AAA Rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Contact Information
Higi Care LLC
100 S. Wacker Drive Suite 1600
Chicago, IL 60606
support@higi.com