DISCLAIMER POLICY
AURY HEALTH
This Disclaimer Policy (this “Policy”) supplements the Client Services Agreement (with all capitalized terms in this Policy being defined as set forth in such Client Services Agreement unless otherwise expressly defined herein) that apply to the review of and access to, and to the ordering, purchase and receipt of Services and Products at and through the Website, as provided by the Website’s proprietor, Aury Health, Inc., an Arizona corporation (“Aury Health”). If you, as a Client, do not agree to be bound by this Policy or you otherwise do not fully understand and agree to the terms hereof, please do not order or purchase any Services or Products at or through the Website and Portal.
1. Not Necessarily a Substitute for Medical Care. The Website, Services and Aury Health Technologies should not be used as a substitute for medical services by a physician as a determinant factor in Client’s or any other person’s physical, mental, psychological, nutritional or emotional health care, health treatment or health maintenance. Except as otherwise disclosed through the Website, Agreement and applicable Orders, neither Aury Health, nor any other principal, employee, agent or representative of Aury Health, nor any Aury Health Sub, is a licensed, registered or certified doctor of medicine, naturopathic physician, homeopathic physician, nurse, pharmacist, physical therapist, psychologist, physician assistant, dietitian, nutritionist or other health or health-related professional (collectively, “Health Care Professionals”, and each a “Health Care Professional”). Aury Health does not and will not direct any Health Care Professional, through the Website, Portal, Aury Health Technologies, Aury Health Content, Services, or any of them, or otherwise, and notwithstanding certain Aury Health Principals’ status as licensed, certified and/or registered Nurse Practitioners and certain Aury Health Subs’ status as a Health Care Professional, in no event and under no circumstances shall Aury Health be considered as performing or providing any diagnostic, treatment or prescriptive services that are provided by Health Care Professionals (collectively, “Professional Health Care Services”), including without limitation services regulated by any applicable Medical Board or Board of Naturopathic Medicine, Nursing, Medical Examiners, Pharmacy, Physical Therapy, Psychologist Examiners, Physician Assistants, Homeopathic and Integrated Medicine Examiners, or the Commission on Dietetic Registration or the Academy of Nutrition and Dietetics, and further including without limitation those services described in Arizona Revised Statutes (A.R.S.) Title 32, Chapter 15 (A.R.S. §§ 32-1601 et seq.) and Arizona Administrative Code (AAC) Title 4, Chapter 19 (AAC R4-19-101 et seq.). No information provided by or through the Website, Portal, Aury Health Technologies, Aury Health Content, Services, or any of them, should ever be considered a substitute for any care by Client’s primary physician or by any specialist, and any Client who potentially needs any Professional Health Care Services should consult with one or more appropriate Health Care Professionals. Aury Health assumes no responsibility whatsoever, and Aury Health shall not in any event or under any circumstances be liable in relation to, any of Client’s decisions concerning Professional Health Care Services and/or Health Care Professionals, including without limitation whether to seek Professional Health Care Services, which Professional Health Care Services to seek, and which Health Care Professionals to utilize, as well as the extent to which Client elects to rely on the Services and Products in relation to the same. Client shall remain solely and exclusively responsible for all Client decisions that in any manner could be considered as related in any way to Client’s health and the health of others, as either may relate to the Website, Portal, Aury Health Technologies, Aury Health Content, Services, Products, or any of them, it being understood, acknowledged and agreed that all such decisions, including without limitation how Client makes use of the same, are those of Client and Client alone, made independently of Aury Health and any of the Aury Health Affiliates, and under no influence whatsoever of Aury Health, the Aury Health Affiliates or the Website, Portal, Aury Health Technologies, Aury Health Content, Services, Products, or any of them. Client shall indemnify and hold harmless Aury Health and all Aury Health Affiliates in relation to the same under Section 10 of the Agreement.
2. Medical Clearance and Risk. Review and analyses performed by Aury Health’s independently contracted Providers and Practitioners are reserved for those clients who have been medically cleared according to the professional judgment of the Assigned Provider performing the corresponding Professional Health Services. The Professional Health Services performed and provided by an Assigned Provider are at a preliminary level, and depending on the findings of the Assigned Provider and applicable Practitioner(s), additional testing, diagnostics, procedures and treatments may be necessary. Aury Health may but is not required to assist you in facilitating such additional testing, diagnostics, procedures or treatments with a third party provider. In any event, neither Aury Health nor the Assigned Provider is providing any Professional Health Services to Client except as agreed to by Client, and then such Professional Health Services shall be furnished exclusively by one or more third party Providers or Practitioners and not by or through Aury Health. Even with appropriate medical clearance, every dermatological and skin care review, analysis, treatment and procedure carries some level of risk, which the applicable Assigned Provider and Practitioner(s) will thoroughly discuss with Client in order to assist Client in making an informed decision whether to proceed with any further treatment or procedure, provided that such decisions is that of Client and Client alone, it is up to Client to weigh the information provided by the applicable Assigned Provider and Practitioner(s), and the information provided by your Client’s previous Health Care Professionals, as applicable, and Client hereby releases and fully discharges Aury Health in relation to the same. Should Client have any problems with any information provided by an Assigned Provider or Practitioner, those must be addressed solely between the Assigned Provider and Client, and Aury Health is not liable or responsible in relation to the same.
3. Results not guaranteed. Through arranging for the provision of Professional Health Services by an Assigned Provider, neither Aury Health nor such Assigned Provider guarantees any particular result, and Client accepts and understands that individual recommendations, results, treatments, procedures and recovery times may vary, and will be based on many variables. Any examples or statements made through the Website or Portal are only estimates or illustrations of what may be possible. There can be no assurance as to any particular health outcome based on the use of the Website, Portal, Services or Products.
4. Insurance Non-Participation. Neither Aury Health, nor any of its independently contracted third party Health Care Professional Providers and Practitioners, which Health Care Professional Providers and Practitioners will be exclusively responsible for Professional Health Services Client receives in relation to Aury Health, the Aury Health Affiliates or the Website, Portal, Aury Health Technologies, Aury Health Content, Services, Products, or any of them, is enrolled in Medicare, Medicaid, or any other government programs and is currently not a participating provider in any private insurance programs. Accordingly, Aury Health will not submit claims for reimbursement to Medicare, Medicaid, or any other third-party payor for any services that it provides to Client, and Client will be responsible for payment in full for all Services received at and through Aury Health. Payment in full must be received by Aury Health as set forth in an Order in order for Services to be received as set forth in such Order. To the extent that Aury Health’s Services may fall within the scope of services otherwise covered by one or more governmental health care programs or private insurers, Client has the right to seek such Services from other providers if Client wishes to obtain reimbursement from the government or a private insurer. Please also be advised that Aury Health’s prices are often higher than the fees established by government health care programs. Because Client is voluntarily giving up government reimbursement for these services, Client may pay more out-of-pocket at Aury Health than Client may otherwise pay for similar Services elsewhere.
5. Personal Health Information and Limitation of Liability. Client’s personal patient health information may be shared with employees, providers, and business associates of Aury Health, including without limitation any Health Care Professional Providers and Practitioners assigned to Client’s case. By sharing Client’s personal patient health information, including providing Client’s medical records and filling out any submission forms, Client acknowledges and accepts Aury Health’s Privacy Policy provided at the Website. If Client does not accept such Privacy Policy, please do not submit any personal information to Aury Health. By providing contact information, Client acknowledges and accepts that Client may be contacted by an Aury Health representative using the contact information provided in order to provide to Client information regarding services and products made available by and through Aury Health, including without limitation the Services and Products. By providing a mobile number, Client further acknowledges and accepts that Client may receive text messages (SMS) from Aury Health. Client is hereby advised that all such messages, however received, are informational and/or transactional in nature, and do not constitute medical or health care advice or create a healthcare provider-patient relationship, including without limitation with an Assigned Provider or Practitioner actually performing the Services. AURY HEALTH DISCLAIMS ALL LIABILITY ASSOCIATED WITH ERRORS IN TRANSMISSION OR ANY ACTIVITIES OF UNAUTHORIZED USERS OR HACKERS ASSOCIATED WITH THESE COMMUNICATION CHANNELS. AURY HEALTH HAS SECURITY MEASURES IN PLACE TO PREVENT LOSS, MISUSE, AND ALTERATION OF INFORMATION OBTAINED FROM CLIENT, BUT DUE TO THE NATURE OF THE INTERNET AND INFORMATION TECHNOLOGY, AURY HEALTH CANNOT COMPLETELY ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR BY AURY HEALTH THROUGH THESE COMMUNICATION CHANNELS.
DEAR CLIENT,
Thank you for choosing Aury Health to provide you with the Services and Products. By selecting “I agree” below, you certify that you understand and agree with the following statements.
- I have read and understand the disclaimers above, as well as those in the Client Services Agreement, which are incorporated herein and integrated herewith by this reference, and I acknowledge the same as binding upon me.
- I have read and understand the releases above, as well as those in the Client Services Agreement, which are incorporated herein and integrated herewith by this reference, and I acknowledge the same as binding upon me.
- All the information I am providing to Aury Health is complete and accurate to the best of my knowledge.
- I certify that I am at least 18 years of age, and acting with full legal capacity and authority, voluntarily, with full knowledge and understand, and without undue influence of any kind, and that I am required to show a valid government issued photo identification, or other identification acceptable to Aury Health, in its sole and absolute discretion, in order to receive services from or through Aury Health.
- I recognize that not all people react the same way to certain treatments, prescriptions and procedures, and that while many will benefit from treatments, prescriptions and procedures recommended by an Assigned Provider, there is no guarantee that such treatments, prescriptions and procedures are most appropriate for me, nor are any other results guaranteed.
- I agree and acknowledge that I was given a reasonable opportunity to ask any questions I have regarding the Services provided by and through Aury Health, and I have had those questions answered to my satisfaction. The Services provided by and through Aury Health and any corresponding risks have been explained to me in terms that I understand, including without limitation the nature and extent of such services, the most frequently occurring risks of such services and the benefits of such services and limitations thereof and qualifications thereupon.
