Last updated September 6, 2024
Terms of Service
Last updated May 1, 2024
You deserve
transparency
into our data use
ARBITRATION NOTICE AND CLASS ACTION WAIVER
THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION. YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO HAVE YOUR CLAIM HEARD IN COURT.
1. Introduction
Daniel Walton 365 LLC, DBA Patient Acquisition ("We," "Us," or "Our"), is a third-party marketing agency that provides services to med spas, weight loss clinics (both telemedicine and brick-and-mortar), and healthcare providers. We create and manage landing pages with lead opt-in forms that may collect personal data, including HIPAA-protected health information. We act on behalf of our clients but do not replace or form a physician-patient relationship. Our services do not constitute medical advice or services
2. Services Overview, Availability, and Eligibility
Services
Our Services may include, but are not limited to:
Creation of landing pages with lead opt-in forms.
Collection and transmission of personal and health-related information for marketing and scheduling.
Coordination with third-party healthcare providers and pharmacies.
Telecommunications support for scheduling and patient communications.
Data sharing with affiliates and partners as needed for marketing, legal, and administrative purposes.
Eligibility
By using our services, you confirm that:
You are at least 18 years old or have the consent of a legal guardian.
You are located within a jurisdiction where our services are available.
You agree to be bound by these Terms of Service and have read and understood our Privacy Policy.
Telehealth Services
We provide a platform for facilitating communication between patients and licensed healthcare providers. The electronic systems used to collect and transmit health information incorporate security protocols in compliance with HIPAA and GDPR to protect the privacy and security of your data.
3. Limitations of Liability and Legal Waiver
Waiver of HIPAA or FTC Enforcement: By accessing our services, you waive any legal claims or actions against Patient Acquisition under HIPAA, FTC regulations, or other privacy laws. Any concerns regarding the use or sharing of your data must be addressed directly with the healthcare provider or clinic, as Patient Acquisition serves only as an external agent.
Limitation of Liability: Patient Acquisition shall not be held liable for any indirect, incidental, special, or consequential damages arising from the use of the services, including data breaches, loss of revenue, or reputational harm. In no event shall our total liability exceed the amount you paid for services in the 12 months preceding the claim.
Indemnification: You agree to indemnify and hold Patient Acquisition and its affiliates, officers, and employees harmless from any claims arising from your use or misuse of the services, including violations of privacy laws, negligence, or breach of these Terms of Service.
Data Transfer and Security: We implement stringent data security measures, including encryption, access controls, and regular audits, to comply with HIPAA and GDPR standards. However, no data transmission over the internet can be guaranteed to be completely secure, and we disclaim liability for any unauthorized access or breach.
4. Call Recording and Data Sharing
By using our services, you consent to the recording of phone calls for training, quality assurance, and medical purposes. These recordings may be shared with healthcare providers to ensure the accuracy of consultations and treatment plans. Recordings are securely stored in compliance with HIPAA, GDPR, and other applicable data protection laws.
We may also share your information with our affiliates, partners, or service providers for marketing, legal, or administrative purposes. These parties are bound by contractual obligations to maintain the confidentiality and security of your data
5. Ownership and Use of Services
All content, trademarks, and intellectual property related to the services remain the property of Patient Acquisition. You are granted a limited, revocable license to use the services for personal purposes. Any misuse or unauthorized use of the services will result in the immediate termination of this license and may result in legal action.
6. Dispute Resolution and Governing Law
Governing Law
These Terms of Service and your use of the services shall be governed by the laws of the State of California.
Binding Arbitration