Website Terms of Use

The Website is intended to provide general information about Sky e-Clinic and to allow users to learn more about Sky e-Clinic and contact Sky e-Clinic for non-clinical administrative information. You may access and use the Website only in accordance with these Terms, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as Our Website Privacy Policy.

The Website is a public, informational, and administrative website. It is not a clinical intake portal, clinical communication channel, emergency service, or substitute for professional medical judgment. Use of the Website by itself does not create a physician-patient relationship, does not constitute medical advice, diagnosis, treatment, prescribing, laboratory ordering, medical triage, or emergency evaluation, and does not guarantee that Sky e-Clinic can provide care in Your state or for Your requested service.

Do not submit symptoms, diagnoses, medical history, medication information, prescriptions, laboratory results, images, date of birth, insurance information, payment-card information, or other clinical or sensitive information through the public Website, public contact forms, ordinary email, LINE, SMS/text message, or other non-clinical channels. All clinical intake and clinical communications must occur through Elation Patient Passport or another Sky-approved HIPAA-compliant clinical platform. If You believe You may be experiencing a medical emergency, call 911 or go to the nearest emergency room immediately.

By using the Website, You agree as follows:

• You are at least 18 years old, have been legally emancipated, or are using the Website as the parent or legal guardian of a minor patient;
• You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract;
• You will use the Website in a manner consistent with applicable laws and regulations and these Terms, as they may be amended by Sky e-Clinic from time to time; and
• You understand, accept, and have received these Terms and the Website Privacy Policy, and acknowledge and demonstrate that You can access these Terms and the Website Privacy Policy at will.

If You use the Website on behalf of another person, including a minor patient, You represent and warrant that You have legal authority to do so and that the information You provide for that person is accurate and not submitted in violation of any applicable law or confidentiality obligation.

With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included near the end of these Terms, Sky e-Clinic reserves the right to change or modify these Terms at any time without prior notice to You. If We materially change or modify these Terms, We will post a revised version of the Terms on the Website.

If You continue to use the Website after We have posted a revised version of the Terms, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Website.

Website Ownership and Use.

Sky e-Clinic owns the Website, including all content and functionality You access through the Website. You may not use Sky e-Clinic’s name, trademarks, service marks, or logos, or those of third parties appearing on the Website, in any advertising or publicity or to otherwise indicate Sky e-Clinic’s or such third party’s sponsorship or affiliation with any product or service without express written permission from Sky e-Clinic or such third party.

Personal Data Ownership and Use.

You own Your Personal Data (as defined in the Website Privacy Policy) and any other information You submit on or through the Website (collectively, “User Information”). If You are entering someone else’s information into the Website, You represent and warrant that You have permission and legal authority to do so. You understand that the public Website is not intended for submission of clinical information or Protected Health Information (“PHI”); clinical information should be submitted only through Elation Patient Passport or another Sky-approved HIPAA-compliant clinical platform.

You may use the Website only for lawful purposes and in accordance with these Terms. In addition, We impose certain restrictions on Your use of the Website. While using the Website, You shall not:

• Provide false, misleading, or inaccurate information to Us or any other user;
• Submit or attempt to submit clinical information, symptoms, diagnoses, medication information, laboratory results, medical images, date of birth, insurance information, payment information, emergency requests, or other sensitive health information through the public Website or public contact form, instead of using Elation Patient Passport or another Sky-approved HIPAA-compliant clinical platform;
• Use the Website (i) for any commercial purpose; (ii) for the benefit of any third party; or (iii) in any manner not permitted by these Terms;
• Impersonate or attempt to impersonate Us, one of Our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
• Use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Website for any use, including, without limitation, use on third-party websites, without Our consent;
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to use the Website;
• Access content or data not intended for You, or log onto a server or account that You are not authorized to access;
• Violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
• Attempt to probe, scan, or test the vulnerability of the Website or any associated system or network, or breach security or authentication measures without proper authorization;
• Interfere or attempt to interfere with the use or functionality of the Website by any other user, host, or network, including, without limitation, by means of submitting a virus, trojan horse, worm, logic bomb, or other material which is malicious or technologically harmful, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
• Forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance, or distribution by means of, the Website;
• Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
• Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Us, You, or any other third-party (including another user) to protect the Website;
• Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in providing the Website. Any violation of this section may subject You to civil and/or criminal liability;
• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Us, may harm Us or users of the Website or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Website;
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with the Website or any other party’s use of the Website;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
• Encourage or enable any other individual to do any of the above.

Sky e-Clinic is not obligated to monitor Your use of the Website, but We may do so to ensure Your compliance with these Terms, and/or to respond to law enforcement or other government agencies if and when We are required to. Sky e-Clinic reserves the right to suspend or terminate Your use of the Website without notice to You if You partake in any of the prohibited uses described above.

Sky e-Clinic values Your privacy and is committed to protecting Your Personal Data. Please see Our Website Privacy Policy for an explanation of Our website privacy practices, the data We collect from You through the Website, how We use that data, and Your rights regarding Your data. By accessing or using the Website, You acknowledge and agree to the provisions of the Website Privacy Policy and affirm that the Website Privacy Policy is a part of these Terms. The Website Privacy Policy applies to the public Website and does not replace Sky e-Clinic’s HIPAA Notice of Privacy Practices or any privacy terms that apply inside Elation Patient Passport or another Sky-approved HIPAA-compliant clinical platform.

You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment (collectively, “Systems”) necessary for You to access and use the Website. This includes, without limitation, obtaining Internet services, using up-to-date web browsers, and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Website and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

Third-Party Websites.

In the course of using the Website, You may be introduced to areas or features of the Website that allow You to access a website that does not belong to and is not controlled by Us (collectively, “Third-Party Sites”). If You choose to access one of these Third-Party Sites, You will leave Our Website and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-Party Rules”) than Us, and that Your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to You as a convenience, and We do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“Third Party Matters”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD-PARTY MATTERS.

Any reference on the Website to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply Our endorsement or recommendation.

Third-Party Services.

To the extent any features, aspects, products, or services offered through the Website are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), You may be subject to additional terms and conditions. To the extent applicable, You will receive a notification and have the opportunity to accept such terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.

In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about You, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, You should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.

Clinical intake, booking, patient messaging, telehealth visits, prescriptions, billing, and visit summaries may occur through third-party service providers that Sky uses for healthcare operations, such as an electronic health record, patient portal, payment, e-prescribing, or intake provider. Those clinical services are governed by the applicable clinical consent, privacy notices, and vendor terms, in addition to these Terms where applicable.

In addition to other representations and warranties contained throughout the Terms, You represent and warrant that Your use of the Website will be in accordance with these Terms and all applicable laws, regulations, rules, and Sky e-Clinic’s policies and procedures (to the extent such policies and procedures are communicated to You). If You share any Personal Data with Us on the Website, You represent and warrant that You are legally authorized to share Personal Data (belonging to Yourself or others on whose behalf You are submitting such Personal Data) with Us. You further agree not to use the public Website to submit clinical information, PHI, emergency requests, or information that belongs in Elation Patient Passport or another Sky-approved HIPAA-compliant clinical platform.

No Warranties.

THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SKY E-CLINIC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SKY E-CLINIC MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SKY E-CLINIC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, APPLICATIONS, OR MATERIALS ACCESSED OR PURCHASED THROUGH THE WEBSITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SKY E-CLINIC OR THROUGH THE WEBSITE OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

Information on the Website is general information only and may not apply to Your individual circumstances. The Website does not provide diagnosis, treatment, prescribing, medical advice, medical triage, emergency evaluation, or a clinician-patient relationship. Any clinical decision, including whether Sky e-Clinic can provide care, whether telehealth is appropriate, whether video or in-person care is required, and whether a prescription, laboratory order, referral, or other service is appropriate, is made only through the applicable clinical workflow and physician review.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, OTHER AUTHORIZED THIRD PARTIES.

SKY E-CLINIC CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. SKY E-CLINIC CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE WEBSITE.

Your Responsibility for Loss or Damage.

YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD SKY E-CLINIC OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA.

Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE REMAINS WITH YOU. NEITHER SKY E-CLINIC NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKY E-CLINIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE WEBSITE.

SKY E-CLINIC IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED IN THE WEBSITE. SKY E-CLINIC IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY YOUR NEGLIGENCE OR MISCONDUCT, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SKY E-CLINIC’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. ANY CLAIM ARISING FROM THE USAGE OF THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SKY E-CLINIC AND ITS REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE, YOUR VIOLATION OF THESE TERMS, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

We welcome and encourage You to provide feedback, comments, and suggestions for improvements to the Website (“Feedback”). You may submit Feedback by emailing Us at support@skyeclinic.org. You acknowledge and agree that if You submit any Feedback to Us, You grant Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that You own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

Feedback is not a clinical communication channel. Do not include clinical information, PHI, symptoms, diagnoses, medication information, laboratory results, medical images, or urgent/emergency requests in Feedback emails. Clinical communications must be sent through Elation Patient Passport or another Sky-approved HIPAA-compliant clinical platform.

*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*

You agree that any dispute between You and Sky e-Clinic arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address Your concerns without needing a formal legal case, so We have included a tiered dispute resolution process. This Dispute Resolution section may be modified by a written agreement between You and Sky e-Clinic.

Informal Dispute Resolution.

Before filing a claim against Sky e-Clinic, You agree to try to resolve the dispute informally by contacting support@skyeclinic.org. Most user concerns can be resolved quickly and to Your satisfaction through email.

Arbitration Agreement.

In the unlikely event that Our support team is unable to resolve a complaint You may have (or if We have not been able to resolve a dispute with You after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, You agree to resolve the dispute through binding arbitration. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs, and other costs incurred by the party that does not win the dispute. You agree that any dispute will be exclusively, fully, and finally resolved using binding arbitration through the American Health Law Association (“AHLA”).

Arbitration Procedure.

You and Sky e-Clinic agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by You, one (1) arbitrator is selected by Sky e-Clinic, and the third (3rd) arbitrator is selected by mutual consent of You and Sky e-Clinic. If You and Sky e-Clinic cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding.

The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.

Any claim or dispute arising under these Terms must be initiated by arbitration within one (1) year from its accrual date. Any claim or dispute initiated one (1) year or longer from its accrual date shall be time-barred and dismissed.

Cost of Arbitration.

You and Sky e-Clinic shall each pay 50% of all mediator and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.

Exceptions to Agreement to Arbitrate.

Sky e-Clinic may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.

YOU MAY ONLY RESOLVE DISPUTES WITH SKY E-CLINIC ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS.

Opt-Out of Alternative Dispute Resolution Process.

Notwithstanding the above, You can decline or “opt-out” of the alternative dispute resolution process described above by contacting support@skyeclinic.org within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.

YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.

If You opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You submit to the exclusive jurisdiction of any state or federal court sitting in the State of Hawaii in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-convenience, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.

Entire Agreement.

These Terms, the Website Privacy Policy, and any other website terms incorporated by reference, constitute the entire and exclusive understanding and agreement between Sky e-Clinic and You regarding the Website, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sky e-Clinic and You regarding the Website. Clinical services, telehealth consents, payment policies, Notices of Privacy Practices, prescription policies, and other patient-facing clinical documents may also apply when You become a Sky e-Clinic patient or use Sky-approved clinical platforms.

Governing Law.

These Terms shall be governed by the laws of the State of Hawaii without reference to its conflict of laws provisions.

Assignment.

You may not assign or transfer these Terms, by operation of law or otherwise, without Sky e-Clinic’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. Sky e-Clinic may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices.

Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by Sky e-Clinic via email (in each case to the address that You provide); and/or (ii) by posting to the Website. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from Sky e-Clinic electronically satisfies any legal requirement that such notice is in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH SKY E-CLINIC IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.

You shall give any notice to Sky e-Clinic by email to: support@skyeclinic.org. Notice to Sky e-Clinic shall be effective upon receipt of notice by Sky e-Clinic.

No Inadvertent Waiver.

The failure of Sky e-Clinic to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sky e-Clinic.

Severability.

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.

Intellectual Property Rights.

“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (i) patent rights and utility models, (ii) copyrights and database rights, (iii) trademarks, trade names, domain names, and trade dress and the goodwill associated therewith, (iv) trade secrets, (v) mask works, and (vi) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.

As between You and Us, all right, title, and interest, including all Intellectual Property Rights, in the Website, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by Sky e-Clinic or its licensors, vendors, and affiliates, as applicable. All rights not expressly granted are reserved by Us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Remedies.

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

Contacting Sky e-Clinic.

Please feel free to contact Us if You have any questions about these Terms and/or any other documents referenced in these Terms. You may contact Us at support@skyeclinic.org, or at Our mailing address:

Sky e-Clinic, LLC

1164 Bishop St., STE 940

Honolulu, HI 96813

Data Security Officer: Taichi Imamura, MD

privacy-officer@skyeclinic.org