Frontline ER Health’s Terms of Service and Privacy Policy

Frontline ER Health’s Terms of Service and Privacy Policy

Last Updated: May 5, 2020

Use of the Site

You may not access, copy, monitor, reproduce, or circumvent the navigational structure and/or presentation. You may not obtain or attempt to obtain any materials, documents or information without express permission from Frontline ER. You may not gain or attempt to gain unauthorized access to any portion of the site, by hacking, “mining” or similar illegal manners.

Content

No part of the site shall be copied, reproduced, republished, or uploaded, without prior written consent from Frontline ER.

Privacy

Frontline ER’s privacy terms is incorporated in these Terms of Use. By using the site you acknowledge and agree that Internet transmissions are never completely private or secure.

Third Party Sites

Independent third-party sites are not part of this site. Linked sites are provided to provide convenience. These sites are not under Frontline ER’s control.

Limitation of Liability

Unless prohibited by law, Frontline ER shall not be liable to you for indirect, consequential, exemplary, incidental or punitive damages. Frontline ER’s liability shall not exceed 20.00 USD.

Indemnity

You agree to indemnify Frontline ER, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates, against any loss, liability, claims or expenses.

Accessing 

By using this service, you understand the terms and our privacy policy.  We can modify these terms at any time.  All changes are immediate upon posting.  We will trying our best to communicate to you these changes.

Arbitration 

Terms contain a binding arbitration provision.  You waive the right to participate in a class action lawsuit or a class wide arbitration.

Arbitration

Frontline ER grants you a limited, revocable, nontransferable, nonexclusive license to use our service.  You can use for personal and noncommercial reasons.

Intellectual Property Rights 

Our service includes intellectual property rights.  User SHALL NOT improperly use for the benefit of, bring to any premises of, divulge, disclose, communicate, reveal, transfer or provide access to, or share with the Company any confidential, proprietary or non-public information or intellectual property relating to a former employer or other third party without the prior written permission of such third party. User hereby indemnifies, holds harmless and agrees to defend the Company and its officers, directors, partners, employees, agents and representatives from any breach of the foregoing covenant. User shall comply with all relevant policies and guidelines of the Company, including regarding the protection of Confidential Information and intellectual property and potential conflicts of interest. User acknowledges that the Company may amend any such policies and guidelines from time to time, and that User remains at all times bound by their most current version.  

Any unauthorized use of trademarks, copyrights, and other Intellectual Property is restricted.

Services may contain reference to third party intellectual properties.

Restrictions 

You may download and print a single copy of Frontline ER’s visible content for personal and noncommercial use.

Governing Law; Dispute Resolution

You agree to be governed by the laws of the United States and by the laws of the State of Texas.

This Agreement, and its formation, operation and performance, shall be governed, construed, and enforced in accordance with the laws of the State of Texas, United States of America in effect from time to time without giving effect or consideration to the conflicts of laws rules thereof. The Parties hereto submit to the exclusive personal jurisdiction of the courts of the State of Texas and the Federal courts of the United States sitting in Houston, Harris County, Texas, United States of America. 

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of this Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event, this Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction. 

Right to Review and Seek an Independent Advice

The User acknowledges that he has had the opportunity to review this Agreement and seek the advice of an attorney and other advisors prior to executing this Agreement.

Complying with all Local State & Federal Laws

The User is responsible for complying with all local, state, and federal laws that may apply to this use of service.

Your Account

You can request and speak to a Frontline ER health care provider through this service without creating an account.

However, if you would like to save your profile, you will need to create an account with us.  You will need to submit information to set up the account including a telephone number.

You are responsible for maintaining and updating passwords on your account.

You warrant that all information you provide is accurate and to the best of your knowledge.

If you summit personal information, you warrant that you have the right to do so.

Text Message and Email Communications 

FRONTLINE ER CareAlerts℠ & Line-UpAlerts℠ are sponsored by FRONTLINE ER, Richmond and Dallas in an effort to bring our patients, program members and community an efficient way to stay in touch with matters regarding their care, special offers, events and promotions offered by FRONTLINE ER Richmond and Dallas.

How it Works:  Effective July 15, 2016, all new and existing patients, and Line-Up program members may opt in and agree to receive emails, patient care-related text messages and emails, and recurring marketing text messages and emails from FRONTLINE ER, Richmond and Dallas. Text messages are sent using SMS text message technology to the wireless number you use to subscribe to our program. You do not have to sign up for this program in order to receive patient care at FRONTLINE ER, Richmond or Dallas. Message & data rates may apply, depending on your wireless plan.

FRONTLINE ER does not charge a fee for using our FRONTLINE ER CareAlerts & Line-UpAlerts program. However, it is possible you may be charged the standard text messaging fee by your wireless carrier for each message you send or receive, depending on the terms of your cellular subscription plan.  Message and data rates may apply, depending on your individual wireless pricing plan, in accordance with your wireless plan. You are responsible for all applicable taxes charged by your wireless carrier. Consult your wireless service provider regarding their pricing plans. The FRONTLINE ER CareAlerts & Line-UpAlerts service is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier or by FRONTLINE ER.

FRONTLINE ER CareAlerts are for patients of FRONTLINE ER, past and present, who may have registered at any FRONTLINE ER Richmond or Dallas Front Desk, or any FRONTLINE ER Online Check-In Form whether or not the patient came into FRONTLINE ER, or while at FRONTLINE ER was actually treated.  CareAlerts may be in email or SMS text message form.

FRONTLINE ER Line-UpAlerts are for anyone who signs up to our free FRONTLINE ER Line-Up incentives program and will receive regular updates on special offers, incentives, discounts, and events sponsored by FRONTLINE ER Richmond & Dallas.  Line-UpAlerts may be in email or SMS text message form.

Participant Requirements: You must have a wireless device of your own capable of two-way text messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone service providers or wireless phones carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions. You must be 18 years of age or older to sign up for FRONTLINE ER CareAlerts & Line-UpAlerts, and be authorized to enroll the mobile phone number in the FRONTLINE ER CareAlerts & Line-UpAlerts message program and authorized to incur any possible mobile message or data charges incurred from your cellular plan provider by participating.

Participant Opt-Out or Help:  To opt out of future messages at any time, text STOP or reply STOP to any text message, or contact us via e-mail at alert-help@frontlineer.com. To receive help at any time, text HELP or reply HELP to any text message.

By participating in FRONTLINE ER CareAlerts & Line-UpAlerts, you agree to release and hold harmless FRONTLINE ER, Richmond and Dallas, and participating wireless carriers (“Released Parties”) and their respective representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with FRONTLINE ER CareAlerts & Line-UpAlerts, and for any claims based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, invasion of privacy. Released Parties are not responsible for any printing, typographical, mechanical or other errors in associated promotional materials in connection with FRONTLINE ER CareAlerts & Line-UpAlerts. Participating wireless carriers and/or each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not responsible for FRONTLINE ER CareAlerts & Line-UpAlerts, and none of them will have any liability or responsibility for any claim arising in connection with participation in FRONTLINE ER CareAlerts & Line-UpAlerts.

The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any offer furnished by third parties in connection with FRONTLINE ER CareAlerts & Line-UpAlerts. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND/OR NON-INFRINGEMENT.

Released Parties are not responsible for technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to send a message, including any injury or damage to your or any other person’s wireless device relating to or resulting from participating in FRONTLINE ER CareAlerts & Line-UpAlerts.

Termination 

Frontline ER reserves the right to terminate these terms without notice if you breach these terms.  This includes acting in an abusive or illegal manner.  Upon termination, you must cease using our service.

Appointment Availability 

The availability of our health care providers varies.  Availability may change without notice to you.

Indemnification 

You agree to indemnify and hold harmless Frontline ER from claims or costs resulting from your use of our service or your misuses of our service.

Entire Agreement.

Except as expressly provided herein, this Agreement is not a promise of future employment. This Agreement represents the entire agreement between the Parties, superseding and replacing any previous oral or written agreements, and no provision may be modified or amended except in writing executed by both Parties hereto. Each Party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Parties, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding.