PATIENT TERMS OF SERVICE
Last updated: 3/1/2022
These Patient Terms of Service (“Patient Terms”) are between Practice by Numbers, Inc. (“Practice by Numbers” or “we”) and you (“User” or “you”). Please read these Patient Terms carefully before accepting them and using Practice by Numbers’ cloud-based tools which include but are not necessarily limited to online booking, online patient forms, an online webchat, and text messaging (the “Service”) and its associated software (the “Software”).
By clicking to accept or agree to the Patient Terms when this option is made available to you or by using this online Service and its Software, you indicate your acceptance of the Patient Terms. These Patient Terms set forth your legal rights and obligations related to Practice by Numbers’ Service. If you do not accept these terms, you must not access or use the Service.
If you believe you or any other individual has a medical emergency or any other health problem, you should promptly call an emergency medical service provider or consult your physician or healthcare provider. If you think you may be suffering from any medical condition, you should seek immediate medical attention. The Website and Service are not designed to, and do not provide, medical advice, professional diagnosis, opinions, or treatment to you or to any other person. Never disregard medical or professional advice, or delay seeking it, because of something you read on the Website or through the Service or on any linked website. You should also ask your physician or other healthcare provider to assist you in interpreting any information provided through the Website, Service, or any linked website, or in applying such information to your individual case.
PRACTICE BY NUMBERS IS NOT A MEDICAL PROVIDER. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING INFORMATION PROVIDED BY OR THROUGH THE USE OF THE SERVICE OR WEBSITE OR THROUGH ANY OTHER COMMUNICATIONS FROM PRACTICE BY NUMBERS.
PRACTICE BY NUMBERS MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OF ANY MEDICAL PROFESSIONAL OR SPECIALIST OR OTHER INFORMATION HEREIN. FURTHERMORE, PRACTICE BY NUMBERS DOES NOT IN ANY WAY ENDORSE ANY INDIVIDUAL OR HEALTHCARE ORGANIZATION DESCRIBED HEREIN. IN NO EVENT WILL PRACTICE BY NUMBERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. PRACTICE BY NUMBERS WILL NOT BE LIABLE FOR THE ACTIONS OR INACTIONS OF ANY MEDICAL PROFESSIONAL OR SPECIALIST, WHETHER LISTED ON THIS SITE OR NOT.
Practice by Numbers strongly advises, and you agree that you will perform your own investigation prior to selecting a health care professional by making confirming telephone calls to the appropriate licensing authorities to verify listed credentials and education, and to further verify information about a particular health care professional, doctor, dentist or other health care provider (collectively, “Provider”) by confirming with the Provider’s office, your current Provider, the medical association relative to the Provider’s specialty and your state medical board.
This Service is offered and available only to users who are over 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Service, you represent and warrant that you are of legal age to form a binding contract with Practice by Numbers and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.
IF YOU USE THE SERVICE ON BEHALF OF ANY PERSON UNDER THE AGE OF 13 AND PROVIDE SUCH CHILD’S PERSONAL DATA TO PRACTICE BY NUMBERS, YOU MUST BE THE PARENT OR GUARDIAN OF SUCH MINOR CHILD, OR HAVE THE REQUIRED CONSENT FROM THE CHILD’S PARENT OR GUARDIAN TO PROVIDE THE CHILD’S PERSONAL DATA TO PRACTICE BY NUMBERS AND AUTHORIZE PRACTICE BY NUMBERS TO PROCESS THE PERSONAL DATA OF SUCH MINOR. WE REQUIRE THE CUSTOMER TO OBTAIN THE REQUISITE CONSENT FROM THE PARENT OR GUARDIAN OF THE MINOR. YOU HEREBY REPRESENT TO PRACTICE BY NUMBERS THAT YOU ARE THE PARENT OR GUARDIAN OF ANY CHILD WHOSE PERSONAL DATA WILL BE INPUT INTO THE SERVICE, OR THAT YOU HAVE THEIR CONSENT TO DO SO. CHILDREN UNDER AGE 13 MAY NOT USE THE SERVICE WITHOUT THEIR PARENT’S OR GUARDIAN’S AUTHORIZATION.
In connection with using the Service and Website, you acknowledge and agree that:
If you choose, or you are provided with, a username, password or any other piece of information as part of Practice by Numbers’ security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree to immediately notify Practice by Numbers of any unauthorized use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Practice by Numbers has the right to disable any user identification code or password, whether chosen by you or provided by Practice by Numbers, at any time, in Practice by Numbers’ sole discretion for any or no reason, including, if in Practice by Numbers’ opinion, you have failed to comply with any provision of these Patient Terms.
The Service tracks metadata and other usage data related to your and other users’ use of the Service (“Usage Data”) and shares such data with Practice by Numbers. Practice by Numbers shall own such Usage Data, other than the personal data incorporated therein. You agree that Practice by Numbers has the perpetual right to collect, aggregate, use, distribute and sell such Usage Data for any legal purpose, including without limitation for the purposes of providing services and improving the Service and Practice by Numbers’ products and services generally. Practice by Numbers may retain and use Usage Data permanently. To the extent such Usage Data contains any individually identifiable data or personal data, Practice by Numbers shall not sell or otherwise provide such Usage Data to any third party unless the data been anonymized (e.g., no name or address attached to the particular data) and/or aggregated with other users’ data, so that it is not identifiable as to any particular person. Notwithstanding the foregoing, Practice by Numbers may share Usage Data in its original form as necessary or appropriate to provide services to you or to comply with its legal obligations.
We reserve the right to withdraw or modify the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
The Service, Website and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Practice by Numbers, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Patient Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service or Website, except as follows:
You must not:
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service or Website in breach of the Patient Terms, your right to use the Service and Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Service or Website or any of their content is transferred to you. All rights not expressly granted are reserved by Practice by Numbers. Any use of the Service or Website not expressly permitted by these Patient Terms is a breach of these Patient Terms and may violate copyright, trademark and other laws.
You may use the Service and Website only for lawful purposes and in accordance with these Patient Terms. You agree not to use the Service or Website:
Additionally, you agree not to:
Practice by Numbers will determine, in its sole discretion, whether you have engaged in prohibited conduct or have violated these Patient Terms. Practice by Numbers’ determination will be final and unreviewable, and you waive any and all rights you may have to challenge that decision.
The Service and/or Website may contain user reviews and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”). “User Contributions” does not include any individual’s personal data, personal health information or financial information.
All User Contributions must comply with the Content Standards set out in Section 11 of these Patient Terms. Further, you must act responsibly when providing User Contributions. Do not post any information that another user, Provider, or any other individual or entity may use to identify you.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, reproduce, modify, publicly perform, publicly display, distribute and otherwise disclose to third parties any such material for any purpose and to make adapt, edit, translate, prepare derivative works of, or incorporate into other works, your User Contribution. This license is non-exclusive, except you agree that Practice by Numbers will have the exclusive right to practice this license to the extent of combining your User Contribution with the User Contributions of other Website users for any reason.
You represent and warrant that:
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service or Website.
1. Monitoring and Enforcement; Termination
We have the right, but not the obligation, to:
Practice by Numbers will not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after any such termination. Any provision in these Patient Terms that, by its nature, should survive termination or expiration of these Patient Terms, will survive any expiration or termination of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service or Website.
We cannot and do not undertake to review any or all material before it is posted on the Service or Website. While we will use reasonable efforts to respond in a timely manner regarding complaints about objectionable matter posted on the Service or Website, we cannot guarantee the timing of the removal of such material. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section, except for our gross negligence or willful misconduct.
2. Content Standards
These content standards apply to any and all User Contributions and use of our Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please see Section 22 regarding copyright disputes for instructions on sending us a notice of copyright infringement. It is the policy of Practice by Numbers to terminate the user accounts of repeat infringers.
3. Changes to the Service and Website
You acknowledge and agree that the Service, Website, Software and other materials that may be made available as part of the Service may be modified and updated from time to time, in Practice by Numbers’ sole discretion. Practice by Numbers does not make any commitment to you that it will maintain any particular Software, features or materials on the Service. We do not warrant or guarantee the content of the Service or Website is complete or up-to-date. Any of the material on the Service or Website may be out of date at any given time, and we are under no obligation to update such material.
Additional terms and conditions may also apply to specific portions, services or features of the Service or Website. Those additional terms will govern your use of the particular Service to which the additional terms apply. By using the particular Service to which the additional terms apply, you agree to the additional terms. If you do not agree to the additional terms, then you must not use the Service to which the additional terms apply. All such additional terms and conditions are hereby incorporated by this reference into these Patient Terms. In the event of an irreconcilable difference between the additional terms and these Patient Terms, the additional terms will apply.
4. Geographic Restrictions; Legal Compliance with Export Laws
The owner of the Service and Website is based in the state of Washington in the United States. Practice by Numbers provides the Service and Website for use only by persons located in the United States. Practice by Numbers makes no claims that the Service, Website or any of their content is accessible or appropriate outside of the United States. Access to the Service or Website may not be legal by certain persons or in certain countries. If you access the Service or Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
5. Disclaimer of Warranties
THE SERVICE, SOFTWARE AND WEBSITE ARE PROVIDED “AS IS.” PRACTICE BY NUMBERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THIS DISCLAIMER SHALL NOT BE MODIFIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE. PRACTICE BY NUMBERS DOES NOT WARRANT THAT THE SERVICE OR SOFTWARE IS ENTIRELY ERROR-FREE.
6. Limitation on Liability
PRACTICE BY NUMBERS’S TOTAL LIABILITY FOR ANY CLAIM OR DAMAGE ARISING OUT OF THESE PATIENT TERMS, INCLUDING ANY USE OF OR INABILITY TO USE THE SERVICE, SOFTWARE OR WEBSITE, SHALL BE LIMITED TO DIRECT DAMAGES, WHICH SHALL NOT EXCEED THE TOTAL AGGREGATE AMOUNT OF $100.00. IN NO EVENT SHALL PRACTICE BY NUMBERS BE LIABLE FOR ANY LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, SOFTWARE OR WEBSITE, REGARDLESS OF WHETHER PRACTICE BY NUMBERS HAS NOTICE OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions prohibit certain limitations of damages in consumer contracts, so the above limitations may be superseded by law in some jurisdictions.
You agree to defend, indemnify and hold harmless Practice by Numbers, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Patient Terms or your use of the Service or Website, including, but not limited to, your User Contributions, any use of the Service’s or Website’s content, the services and products offered on or through the Website, or your use of any information obtained from the Service or Website, or the violation of any intellectual property or other right of any person or entity, by your or any third party using your registration information. The foregoing indemnification obligation does not apply to liabilities, claims, and expenses arising as a result of our own gross negligence or intentional misconduct.
8. Governing Law and Jurisdiction
All matters relating to the Service, the Website and these Patient Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Patient Terms or the Website will be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in Seattle, Washington, although we retain the right to bring any suit, action or proceeding against you for breach of these Patient Terms in your state of residence or any other relevant state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
9. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE PATIENT TERMS, THE SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
10. Waiver and Severability
No waiver by Practice by Numbers of any term or condition set forth in these Patient Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Practice by Numbers to assert a right or provision under these Patient Terms will not constitute a waiver of such right or provision.
If any provision of these Patient Terms is held by a court, or other tribunal of competent jurisdiction, to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Patient Terms will continue in full force and effect.
11. Entire Agreement
These Patient Terms constitute the sole and entire agreement between you and Practice by Numbers with respect to the Service and Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service and Website.
12. Copyright Disputes
We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on the Service or Website are infringing, please notify us. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws. It is Practice by Numbers’ policy to (a) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (b) remove and discontinue Service to repeat offenders.
Practice by Numbers’ designated agent to receive any notification under this section is:
Practice by Numbers, Inc.
11523 Avondale Rd NE, Ste 115
Redmond, WA 98052
Or email to firstname.lastname@example.org
Practice by Numbers may assign the Patient Terms or any or all of its obligations under these Patient Terms at any time with no notice to you. You may not assign, transfer, or sublicense these Patient Terms or any of your obligations under these Patient Terms and any attempt to do so in violation of this section will be null and void.
Your Comments and Concerns
The Service and Website are operated by Practice by Numbers, Inc., 11523 Avondale Rd NE, Ste 115, Redmond, WA 98052.
All other feedback, comments, requests for technical support and other communications relating to the Service or Website should be directed to: