Terms of Service

Northwell Primary Care Now User Account Terms of Service

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY PHONE NUMBER OR YOUR HEALTH CARE PROVIDER IMMEDIATELY TO SEEK MEDICAL CARE.

Introduction

We want to make sure that you understand our Northwell Primary Care Now Terms of Service (“Terms”) and are an active participant in your health—online and off. Please read these Terms carefully before you access the Services. They are a legal agreement between Northwell Health and you.

Primary Care Now is a virtual care service offering that allows patients to have a telehealth visit with a clinician and to use online tools to help manage their health.

At Northwell, we aim to make our patients’ health care experience extraordinary, and we created the Primary Care Now Platform as part of that goal. As we strive to make this happen, you are in control over what you access, its interpretation and usage. Use of the Services (as defined below) by you is entirely at your own risk. Please read these Terms carefully before you use or access the Services, as they are a legal agreement between Northwell and you.

These Terms also incorporate by reference any additional terms and conditions posted by Northwell through the Primary Care Now Platform or the Services, or otherwise made available to you, including our privacy policy found at https://www.northwell.edu/privacy-policy (“Privacy Policy”) and our Notice of Privacy Practices available at https://www.northwell.edu/about-northwell/commitment-to-excellence/protecting-patient- privacy.

THESE TERMS CONTAIN IMPORTANT PROVISIONS THAT LIMIT OUR LIABILITY AND THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES. By clicking “I accept” or by accessing or using the Services, you accept and agree to be bound by these Terms without limitation or qualification. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.

Clarifying terms

There are words or phrases we will use throughout these Terms to reference parts of the Northwell Health system. Familiarizing yourself with these words or phrases will help you better understand the information presented to you.

Northwell Health, Inc. and its subsidiaries and affiliated hospitals, facilities, physicians, providers, ancillary providers and companies (collectively, “Northwell,” “we,” “us” or “our”), thank you for using our Services. These Terms govern your access to and use of the websites (“Sites”), mobile applications (“Apps”), and other online services that make up the Northwell Primary Care Now platform (collectively, the “Primary Care Now Platform”) and the Telehealth Services, Symptom Checker, and other offerings made available to you through the Primary Care Now Platform (collectively with the Primary Care Now Platform, the “Services”). In addition, the Services include all software and Content provided through or as part of the Services. As used in these Terms, “Content” means all text, information, materials, images, photos, graphics, artworks, logos, videos, audio, directories, listings, databases, search engines and other content incorporated into or displayed through the Services, but does not include information included in patient medical records. “Account” means any account created with Northwell or its authorized partners.

In addition, the following definitions apply to the Primary Care Now Platform and the Services:

Assessments” means the Symptom Checker and clinical assessment and information gathering tools available on the Primary Care Now Platform.

“Symptom Checker” means the artificial intelligence-enabled symptom checker and other artificial intelligence (“AI”) based information gathering tools.

“Telehealth Service Area” means the area in which Northwell affiliated health care providers (“Providers”) are authorized to perform Telehealth Services.

“Telehealth Services” means the “Primary Care Now” services including the clinical services of associated Providers, online interfaces, and Primary Care Now Platform (including, mobile services, websites, software) that allow you to interact with Providers, and the care team for communication, consultations, assessments, and treatment.

Who should and shouldn’t use the Primary Care Now Platform

This service is intended for use only by individuals in New York State who are 18 years of age or older.

Minors The Services are not intended for or directed to children under 13 years old. If you are under 18 years old or otherwise have not attained the age of majority in your state of residence, but are at least 13 years old, you may use the Services under the supervision of a parent or legal guardian who has agreed to be bound by these Terms.

International or Out of State use The Services are intended for use in New York State only. All matters relating to our Services, including but not limited to, the collection and maintenance of all data collected, are governed by the laws of the United States and New York State unless otherwise indicated. If you use our Services, contact us or otherwise provide any information to us from outside of New York State, please be advised that you are explicitly authorizing its transfer and subsequent processing in accordance with these Terms and the Privacy Policy.

When and how to use the Primary Care Now Platform We have created these Services to simplify managing your care. By creating an account, you will have access to a system that will connect you to things like online scheduling and the Primary Care Now Platform. It is your responsibility to create and keep your username and password confidential and secure. If your username or password information is lost or stolen, or you discover someone other than you is using it, please let us know immediately by visiting help.northwellprimarycarenow.com or by calling 315-642-1762. New Services may be added over time and when they are, these terms may be modified accordingly. Northwell may provide you with notices, including those regarding changes to the Terms, by postings on our websites and mobile applications.

Not for use in emergencies or while driving

THE PRIMARY CARE NOW PLATFORM IS NOT INTENDED FOR USE IN MEDICAL EMERGENCIES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY PHONE NUMBER OR YOUR HEALTH CARE PROVIDER IMMEDIATELY TO SEEK MEDICAL CARE. IF YOU ARE THINKING ABOUT SUICIDE, OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER, OR IF YOU HAVE ANY MEDICAL EMERGENCIES, CALL 911 IMMEDIATELY AND NOTIFY ANY RELEVANT AUTHORITIES. THE SUICIDE HOTLINE NUMBER IS 988 OR 800-273-8255 IF YOU ARE FACED WITH AN IMMEDIATE OR EMERGENT CRISIS. THERE ALSO MAY BE OTHER NATIONAL, REGIONAL, AND STATE RESOURCES AVAILABLE TO YOU. PLEASE DO NOT USE THE PRIMARY CARE NOW PLATFORM WHILE DRIVING. THE PRIMARY CARE NOW PLATFORM REQUIRES YOU TO BE ENGAGED IN A VIDEO, AUDIO OR TEXT CONVERSATION WITH A PROVIDER DURING THE VIRTUAL VISIT SERVICE AND TO INTERACT WITH THE PROVIDER.

Use of the Symptom Checker and Assessments

The Symptom Checker and Assessments are used to collect information about the symptoms you are currently experiencing. They will inform the provider's clinical assessment, but will not be solely relied on to diagnose your or any other person’s condition. If your symptoms seem serious, you should seek immediate medical care from a licensed health care professional.

Reliance on Information

Although Northwell has attempted to provide accurate information through the Primary Care Now Platform (including any patient education, products, graphics, software, recommendations or other materials) and through the Services, Northwell assumes no responsibility for the completeness, reliability or accuracy of the information. The information on the Primary Care Now Platform or the Services could include technical inaccuracies or typographical errors. Northwell undertakes no obligation to verify or maintain the currency of such information. Northwell may change the programs or products mentioned at any time without notice.

Username and password

In order to access and use certain areas or features of the Services, you may need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, and (c) accept sole responsibility for keeping such username and password strictly confidential. The information you provide will be used to update account billing, demographics, insurance information, medical history, including medications and immunizations, and other health related records, so it is important that you keep this information up to date. You are responsible for protecting the confidentiality and security of your username and password and for any activity that occurs under your username. You may not permit anyone else to use your username and password, and you may not use anyone else’s username and password. You also may not attempt to gain unauthorized access to any other user’s username and password. In order to keep your information secure, you agree to immediately notify us in the event that (i) your password is lost or stolen, (ii) any of your information is incorrect, (iii) you become aware of any unauthorized use of your username and password or (iv) you become aware of any other breach of security that might affect the Services by visiting help.northwellprimarycarenow.com or by calling 315-642-1762. We are not responsible for any information that you input into your account, any loss or damage arising from someone else using your username and password or your failure to comply with this Section.

Licensor

The Primary Care Now Platform is licensed to us by K Health, Inc. (“K Health”). You acknowledge and agree that these Terms are entered into between you and Northwell and that K Health is not a party to these Terms other than as a third-party beneficiary as described below. K Health will have no warranty obligations whatsoever to you with respect to the Primary Care Now Platform and the Service, is not responsible for addressing any claims you may have relating to the Primary Care Now Platform and the Services, and shall have no liability to you arising from your use of the Primary Care Now Platform and the Services. With respect to the foregoing sentence, and the indemnification, prohibited uses and intellectual property provisions of these Terms, K Health is a third-party beneficiary, and you acknowledge and agree that K Health will have the right to enforce those provisions of these Terms as if it were a party hereto.

Geolocation

The Primary Care Now Service may include and/or make use of certain functionality and services provided by third parties that allow the Service to include maps, geocoding, places and other content as part of the Service (“Geo-Location Services”). Geo-Location Services may be provided by either (i) Google and will be governed by Google’s then-current Google Terms of Service and the Google Maps/Google Earth Additional Terms of Service; or (ii) Apple and will be governed by Apple’s then-current Privacy Policy. Your use of real time route guidance on the mobile app is at your sole risk. Location data may not be accurate.

Security

Northwell has implemented administrative, technical, and physical safeguards to protect the confidentiality and security of your health information. Northwell will utilize certain security measures within the scope of the Services. However, you understand that any information made available via the internet is potentially subject to unauthorized access. You agree that Northwell is not responsible for (a) absolute security of all electronic communication transmissions between you and Northwell; (b) unauthorized disclosure resulting from not logging out of an active session; (c) unauthorized disclosure resulting from a lost or stolen username and password; (d) unauthorized disclosure resulting from information printed from the Services; (e) unauthorized disclosure resulting from personal computer settings or installed software products that may compromise information security; or (f) similar events outside the substantial control of Northwell.

Feedback

The Services may offer you the opportunity to provide us with your comments, suggestions, ideas or other feedback (together, “Feedback”). We have the unrestricted right to use Feedback that you provide to us, and you are not entitled to receive any compensation.

Your rights and responsibilities

You are responsible for the content you submit to the Services and making sure that it is accurate and does not violate the privacy of any other person. By submitting content on the Services, you are giving us permission to use that content for any and all lawful purposes. Personal Information and Protected Health Information submitted through our Services will be handled in accordance with our Privacy Policy. You are not allowed to use or interfere with our Services or do anything that is illegal or hinders our ability to deliver them.

User submissions

The Services may permit you to send, post or otherwise submit Content on or through the Services, such Content sent, posted or submitted by you (collectively, “Submissions”). Submissions do not include medical records created using the Telehealth Services, including symptom descriptions, notes from visits with clinicians, medical chats during a visit, photographs submitted for the purpose of identification, diagnosis or treatment during a visit or clinicians’ orders. As between us and you, you own your Submissions, but by sending, posting or transmitting Submissions to or through the Services, you grant Northwell and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual and irrevocable right to use, reproduce, create derivative works of, display, perform, distribute and otherwise exploit your Submissions for any and all lawful purposes. Under no circumstances are you entitled to payment if Northwell uses one of your Submissions.

You are responsible for the content of your Submissions. By posting a Submission, you represent and warrant that:

  • You own or otherwise control all of the rights to your Submission, including without limitation all copyrights and trademarks, and have all rights necessary to grant the rights and licenses set forth above;
  • Your Submission is true and accurate as it pertains to your account, billing, contact information, demographics, medical history, medications, immunizations, etc.;
  • Your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
  • Your Submission complies with these Terms and applicable laws, rules and regulations.

Notwithstanding the foregoing or anything to the contrary set forth above or otherwise in these Terms, personal information about you or your health submitted through the Services will be treated in accordance with our Privacy Policy and Notice of Privacy Practices. All Submissions are deemed non-confidential and non-proprietary.

You acknowledge and agree that Northwell has the right (but not the obligation) to alter, remove, or refuse to post or allow to be posted, any Submission. Northwell takes no responsibility and assumes no liability for any Submission posted by you or any third party or for altering, removing or refusing to post your Submission.

Independent contractor:

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Northwell as a result of the Terms or use of the Services.

Intellectual Property Rights

The Services contain Content owned or licensed by Northwell, including the name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the Services. Except as provided herein, none of the Content may be copied, distributed, displayed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, used to create a derivative work, or transmitted in any form or by any means without prior written permission from Northwell or the third-party owner. Unauthorized use of any Content provided through the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. Except as expressly provided herein, Northwell and its licensors reserve all rights with respect to the Services and the Content, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed any intellectual property or proprietary rights. Northwell may also disable any features and any links at any time without notice in its sole discretion.

Trademarks and service marks that may be referred to in the Services are owned by Northwell, or their respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The names and logos used by Northwell may not be used in any way, including in advertising or publicity pertaining to distribution of materials in the Services, without prior written permission.

Prohibited uses

You must not:

  • Use the Services except as expressly authorized in these Terms;
  • Impersonate another, falsify account information, or make unauthorized use of another’s information;
  • Copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the Services;
  • Remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any Content obtained through the Services;
  • Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Services;
  • Submit, upload, post or transmit any user-originated Content that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; racially or ethnically offensive; libelous; hateful; discriminatory or otherwise objectionable (in our discretion);
  • Upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner or that contains any information or content that you know is not correct and current;
  • Interfere in any way with the operation of the Services or any server, network or system associated with the Services, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Services or any server, network or system associated with the Services; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
  • Use any automated program, tool or process (including, without limitation, web crawlers, scrapers, robots, bots, spiders, and automated scripts) to access the Services or any server, network or system associated with the Services, or to extract, collect, harvest or otherwise gather Content from the Services, (except that Northwell grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Northwell Health Digital Experience for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials);
  • Frame or otherwise create a browser or border environment around any page or Content of the Services, or deep-link to any internal page or area of the Services; or
  • Make any other use of the Services that violates these Terms or any applicable law.

If the Services permit interaction with other users, you are solely responsible for such interactions. Northwell shall have no liability for your interactions with other users, or for any user’s action or inaction. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Communication preferences

By creating an Account, you also consent to receive electronic communications from Northwell and its vendors used to provide the Services (e.g., via email, text message or by posting notices to the Services). These communications are part of your relationship with us. You understand that SMS text messages and unencrypted emails are not secure and run the risk of being intercepted by unauthorized parties and you accept that risk. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

We may communicate with you about the Services, our products and other information that we think may be of interest to you. For more information about the purposes for which we may communicate with you, please review our Privacy Policy.

You acknowledge that by clicking on the “I Agree,” “Register,” “Continue,” or any similar button provided in connection with these Terms of Use, you are indicating your intent to sign up for electronic communications, and that such action shall constitute your signature.

You acknowledge and agree that (i) your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act; and (ii) you and Northwell and its Providers, affiliates, agents, representatives, suppliers, and service providers, intend that the Act apply to the fullest extent possible to validate the ability to conduct business and communicate with you by electronic means.

Email communications

You may opt out of receiving marketing and other promotional emails at any time by managing your email preferences via the Preference Center, which is accessible via the “unsubscribe” link at the footer of each email.

Automated or prerecorded calls and text messages

By providing your mobile phone number to us through the Services, you consent to receive calls or text messages at any such phone number sent by or on behalf of Northwell, including autodialed calls and/or text messages, for marketing and promotional, operational or informational purposes. Message frequency may vary. You may opt out of calls or text messages by following the applicable unsubscribe or other opt-out instructions provided to you. In addition, you can opt out of receiving text messages at any time by texting "STOP" to the phone number from which you received the text message. After you send the text message "STOP" to us, we may send you a text message to confirm that you have been unsubscribed. You may continue to receive calls or messages for a short period of time while Northwell processes your request, after which you will no longer receive text messages from us. If you want to join again, just sign up as you did the first time and we will start sending text messages to you again. If at any time you forget what keywords are supported, just reply "HELP". After you send the message "HELP" to us, we will respond with instructions on how to use our Services as well as how to unsubscribe.

We are able to deliver messages to major mobile phone carriers). Carriers are not liable for delayed or undelivered messages.

It is your responsibility to keep your account information, including your phone number, updated. Standard message and data rates applied by your mobile phone carrier may apply to the text messages we send you. Please contact your mobile phone carrier for details. You will receive one message per inquiry/request. For all questions about the text message services, you can contact us by visiting help.northwellprimarycarenow.com or by calling 315-642-1762.

Northwell Health’s rights and responsibilities

Northwell Health created the Primary Care Now Platform to simplify managing your care. It is important for you to recognize that you are using the Services at your own risk and that we have no control over how you interpret the content that you access. As with anything related to your health and wellness, if you have questions or concerns, contact your health care provider. We do not guarantee the Services are error free or will be uninterrupted, and we reserve the right to monitor, suspend, or terminate your use of the Services at our discretion in compliance with any applicable law. The Services provided are property of Northwell and/or our third parties and are protected by U.S. copyright.

You agree to release Northwell and its affiliates from all liability in regard to your use of these Services. Northwell and its affiliates are not responsible for the consequences or reliance on any information contained herein. We do not guarantee that the Services are error-free and uninterrupted (see Disclaimer of Warranties Section below for further detail). To the maximum extent allowed by law, in no event will Northwell or its affiliates be liable for any indirect, consequential, special, incidental or punitive damages, including loss of revenues or loss of profits, or any other damages, fees, fines, penalties, or liabilities arising out of your access, use or inability to use the Services or the content or materials therein.

Reservation of rights

We reserve the right at any time and for any reason, with or without notice, and without liability to you or any other user, to: (1) modify, suspend or terminate the operation or any feature of the Services; (2) restrict, limit, suspend or terminate your and/or any other user’s access to the Services; (3) monitor any user’s use of the Services to verify compliance with these Terms and/or any applicable law; (4) investigate any suspected or alleged misuse of the Services and cooperate with law enforcement and/or third-parties in such investigation; and (5) disclose information about any user’s use of the Services in connection with any law enforcement investigation, or in response to a lawful court order or subpoena.

Proprietary rights

The Services are the proprietary property of Northwell and/or its third-party licensors, and are protected by U.S. and foreign copyright, trademark and other intellectual property laws. The names, marks, logos and other identifiers associated with Northwell and its products and services are trademarks and service marks of Northwell and are solely owned by Northwell.

Subject to your compliance with these Terms, we grant you a revocable, conditional and limited license to access and use the Services solely for your own personal and non-commercial use in accordance with applicable laws. If the Services permit you to download or print any Content, such Content may be used only by you and only in connection with this purpose. You may not copy or distribute any such Content. This license is personal to you and is not transferable or assignable to others, and may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). We reserve all rights not expressly granted herein.

Any unauthorized use, reproduction or distribution of the Services is strictly prohibited and may result in civil and/or criminal penalties.

Waiver

A provision of the Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Northwell to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.

DISCLAIMER OF WARRANTIES

The services are provided “as is” and “as available” to the fullest extent permissible pursuant to applicable law, Northwell hereby disclaims all warranties with respect to the services and the Primary Care Now Platform and any third-party materials, whether oral or written, express, implied, statutory or otherwise, including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, noninfringement, or title, and all warranties arising from course of performance, course of dealing or usage in trade. Without limiting the generality of the foregoing, Northwell does not warrant that the services will be uninterrupted or error free, or that any defect or error will be corrected, or that the services will be secure and free of viruses or other harmful components, or that any content provided through the services will be current or accurate, or that a particular product or service you see on the services will be, or will remain, available to you. your use of the services is entirely at your own risk. All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of Northwell and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, licensees, suppliers, and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.

We do not control, endorse or take responsibility for any submissions or third-party content on or linked by our services.

Indemnification

You agree that you will be responsible for any damages resulting from your violation of these Terms. You further agree to indemnify and hold Northwell, and by extension its affiliates, officers, directors, agents, employees, contractors or service providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your breach of these Terms; (b) your unauthorized activities in connection with the Services, including any violation of any law or the rights of any third party that occurs in connection with your use of the Services; or (c) information that you provided to Northwell through the Services.

LIMITATIONS OF LIABILITY

Northwell’s liability to you is limited as set forth below, except and only to the extent that any such limitations are prohibited by applicable law.

In no event shall Northwell, or any of its affiliates, or any of its or their respective officers, directors, employees, agents, representatives, advisors and consultants be liable to you (whether under contract, tort, negligence, strict liability, warranty or any other legal or equitable theory) for any direct, indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, data or information of any kind) arising out of or related to your use of the services, even if they have been advised of the possibility of such loss or damages. If applicable law prohibits disclaimer of direct damages, Northwell’s aggregate liability to you for direct damages arising out of or relating to this agreement shall be limited to the amounts paid by you to access or use the services in the three (3) months prior to the events giving rise to any claim, or, if no such payments have been made by you, fifty and 00/100 ($50. 00) U.S. dollars. All limitations of liability of any kind (including in this Section and elsewhere in this Agreement) are made for the benefit of both Northwell and the Affiliated Entities and their respective successors and assigns.

To the fullest extent permitted by applicable law, your sole and exclusive remedy for any claim or dispute with Northwell concerning the services is to stop using the services.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitations may not apply to you.

Maintaining privacy and building trust

To learn more about our privacy practices associated with our Services, please read the information contained in our Privacy Policy. It is important to know that we can terminate your access to our Services and your account if we determine you have violated these Terms.

To learn about our information collection, use, and privacy practices associated with the Services, please review our Privacy Policy. Please also read our Notice of Privacy Practices for information about how Northwell collects, uses and discloses your health information. The Privacy Policy is incorporated into and made part of these Terms.

Violations; termination

You acknowledge and agree that: (i) Northwell may at any time terminate your access to the Services, in whole or in part, if Northwell determines, in its sole judgment, that you have violated these Terms or any applicable law; (ii) such termination may be effected without prior notice; and (iii) in the event of such termination, Northwell may immediately, and without your permission, deactivate or block your further access to your account and remove all of your Submissions stored in, or associated, with your account, without any liability to you. For inquiries related to account termination, please contact us by visiting help.northwellprimarycarenow.com or by calling 315-642-1762. If your account is terminated, you will continue to have access to a copy of any medical records you have created through the Primary Care Now Platform and the Services, in accordance with applicable law, by following our medical records request processes, as explained at https://www.northwell.edu/manage-your-care/medical-records .

Our partners

The Services may contain links to third-party websites and services. These links do not indicate our approval or endorsement of these sites. Your use of them is at your own risk and discretion.

Links to third parties

The Services may contain links to third-party websites, products and/or services (each a “Linked Third-Party Site”). Such links do not constitute or imply Northwell’s approval, sponsorship or endorsement of any Linked Third-Party Site. Northwell is not responsible for, and makes no representations or warranties, express or implied, with respect to any Linked Third-Party Sites. Your access and use of Linked Third-Party Sites is solely at your own risk. When you access and use a Linked Third-Party Site, you are subject to the terms and conditions of use and privacy policy for such Linked Third-Party Site. Any rights, claims or actions you may have in respect of a Linked Third-Party Site can only be brought directly against the provider of that Linked Third-Party Site.

Apple device additional terms

If you access an App via a mobile device or tablet branded by Apple, Inc. (“Apple”) and running Apple’s iOS (an “Apple Device”), the following terms (“Apple Device Additional Terms”) are hereby made part of these Terms:

  • Conflicting Terms. If these Apple Device Additional Terms conflict with any other provision of these Terms, then the Apple Device Additional Terms shall control with respect to access and use of the Services via an Apple Device.
  • Agreement with Northwell, not Apple. You acknowledge that these Terms are an agreement between Northwell and you, and not with Apple. Northwell, not Apple, is solely responsible for any App you access via your Apple Device (“iOS App”) and the content thereof. If these Terms are less restrictive with respect to an iOS App or otherwise conflict with, the Apple App Store Terms of Service (the “App Store Terms of Service”), the App Store Terms of Service shall apply to the extent of any conflict.
  • Scope of License. The license granted to use an iOS App is limited to a non-transferable license to use the App on an Apple Device that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
  • Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iOS App. If Northwell decides (in its sole discretion) to provide support and maintenance services for an iOS App, Northwell is solely responsible for providing such services.
  • Warranty. In the event of any failure of the an iOS App to conform to any applicable warranty provided by Northwell in these Terms, you may notify Apple and Apple will refund the purchase price for the iOS App (if any) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is Northwell’s sole responsibility. Notwithstanding the foregoing, Northwell is not obligated to provide any warranty with respect to an iOS App and you acknowledge and agree that this paragraph will not have any effect on the warranty disclaimers provided in these Terms.
  • Product Claims. You hereby acknowledge that Northwell, not Apple, is responsible for addressing your or any third-party claims relating to an iOS App and/or use of an iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that an iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Note that, pursuant to the limitation of liability provision set forth in these Terms, these Terms will not limit Northwell’s liability beyond what is permitted by applicable law.
  • Intellectual Property Rights. You acknowledge that, in the event of any third party claim that an iOS or your possession and use (in accordance with these Terms) of an iOS App infringes that third party’s intellectual property rights, Northwell, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • Legal Compliance. 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.
  • Third-Party Beneficiary. You hereby acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to any iOS App, and that, upon your acceptance of these Terms, Apple has the right (and deemed to have accepted the right) to enforce the Terms against you with respect to the iOS App as a third party beneficiary thereof. Questions or Complaints. Please address your questions, complaints or claims with respect to an iOS App by visiting help.northwellprimarycarenow.com or by calling 315-642-1762. Northwell’s principal offices are located at 2000 Marcus Ave, New Hyde Park, NY 11042.

Google Play Terms

If the mobile app is provided to you through Google Inc. (“Google”) the following terms and conditions are applicable to you:

  • You acknowledge that Google is not responsible for providing support services for the App.
  • If any of the terms and conditions in these Terms are inconsistent or in conflict with the Google Play Developer Distribution Agreement available at https://play.google/developer-distribution-agreement.html , the Google Play Developer Distribution Agreement will apply.

Managing disputes

There are limitations to how you can resolve disputes with us and it is important that you understand them. You have only one year to file any claim against us related to the Services provided and you agree that you will only bring a claim against us on an individual basis, not as a plaintiff or class member as part of a class or representative action or proceeding.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.

Limitation on time to bring an action

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services brought by you must be filed within one (1) year after such claim or cause of action arose or such claim or cause of action will be forever barred.

Governing Law

You and Northwell agree that these Terms and any claim or dispute between you and Northwell relating to your use of the Services will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws’ provisions.

Severability

If any provision of the Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

Digital Millennium Copyright Act compliance

If you are a copyright owner or an agent thereof, and believe that any third-party content on the Services infringes upon your copyrights, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information (see 17 U.S.C § 512(c)(3) for further detail):

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works from the Services;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Northwell to locate the material;
  • Information reasonably sufficient to permit Northwell to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Northwell’s designated Copyright Agent to receive notifications of claimed infringement is: (888) 321-DOCS.

Changes to these terms

We reserve the right to make changes to these Terms at any time, and your continued use of the Services indicates your consent to the changes. We may also develop upgrades, bug fixes, or new features that may change or remove certain features and functionality.

Please check back from time to time to ensure that you are aware of any changes to these Terms. We will indicate the Terms’ effective date at the top of this page. Your continued use of the Services after changes have been posted indicates your consent to any changed Terms.

If we make material changes that would impact your use of the Services, we will endeavor to notify you of the changes, such as by posting a notice directly on the Services, by sending an email notification (if you have provided your email address to us), or by any other reasonable method. If you do not agree to the changed Terms, you should immediately terminate your use of the Services.

Software updates

Northwell may from time to time, in its sole discretion (without obligation), develop and provide updates to our Services (including Apps), which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete certain features and functionality entirely. You agree that Northwell has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Portions of the Services may not properly operate if you do not install all Updates. Northwell encourages you to promptly install all Updates. To that end, based on your mobile device settings, when your mobile device is connected to the internet, either (i) the Updates will automatically download and install, or (b) you may receive notice of or be prompted to download and install available Updates. For clarity, all Updates are part of the Services and subject to these Terms.

Contact us

If you have a question or comment regarding the Services, please contact us by visiting help.northwellprimarycarenow.com or by calling 315-642-1762. Your input is valuable to us.