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Consent to Testing for HIV and Sexually Transmitted Infections
Sexually transmitted infections (STIs) can be transmitted though unprotected sex (vaginal, anal, or oral sex and in some cases, sharing needles) with someone who has an STI.
Human immunodeficiency virus (HIV) is the virus that causes AIDS and can be transmitted through unprotected sex (vaginal, anal, or oral sex) with someone who has HIV; contact with blood as in sharing needles (piercing, tattooing, drug equipment including needles), by HIV- infected pregnant women to their infants during pregnancy or delivery, or while breast feeding.
STI transmission can be prevented by abstaining from sexual activity, avoiding behaviors associated with the transmission of STIs, and the use of barrier protection during sexual activity.
HIV transmission can be prevented by; abstaining from sexual activity, avoiding behaviors associated with the transmission of HIV, use or barrier protection during sexual activity, and the use of pre-exposure and post-exposure treatments.
STI testing may include screenings for Gonorrhea, Chlamydia, and Syphilis.
HIV testing may include screenings for HIV antibodies and/or viruses.
In general, STIs and HIV are reportable diseases. As a result, you may be contacted by the Department of Health with any positive results.
Testing is voluntary.
The law protects the confidentiality of STI and HIV test results and other related information.
In general, there are effective treatments for STIs and HIV.
Individuals with STIs/HIV/AIDS can adopt safe practices to protect uninfected and infected people in their lives from becoming infected.
The law prohibits discrimination based on an individual’s HIV status and services are available to help with such consequences.
The law allows an individual’s informed consent for STI and HIV related testing to be valid for such testing until such consent is revoked by the subject of the HIV test or expires by its terms.
I agree to be tested for HIV infection. If the results show I have a STI or HIV, I agree to additional testing which may occur on the sample I provide today to determine the best treatment for me and to help guide STI/HIV prevention programs. I also agree to future tests to guide my treatment. I understand that I can withdraw my consent for future testing at a time.
If I test positive for an STI or HIV infection, I understand that my health care provider will talk with me about telling my sex or needle-sharing partners of possible exposure. I may revoke my consent orally or in writing at any time. If this consent is in force, my provider may conduct additional tests without asking me to sign another consent form. In those cases, my provider will tell me if other STI/HIV tests will be performed and will note this in my medical record.
I have read and understand this document and consent to HIV and or STI testing.
I hereby request and consent to treatment and services reasonable and proper by today’s standards provided by the providers at Novus Adult Care Services LLC. This “Medical Treatment Authorization and Consent Form” gives authority to the provider to arrange for medical care for me in the event of an emergency.
I hereby allow the providers at Novus Adult Care Services to discuss my case with any appropriate collaborative and partner providers during my treatment.
I understand that additional charges during routine care will be discussed with me beforehand. I assume responsibility for any of these charges incurred from my care provided at Novus Adult Care Services. I assume responsibility for all services incurred from other outpatient providers or that result in the case of an emergency.
I also hereby authorize the providers at Novus Adult Care Services to release any information to a Health Care Financing Agency, or its agents, to third party payers, and anyone assisting the providers in obtaining payment.
This authorization will remain in effect until revoked by me in writing.
Testing for Chlamydia, Gonorrhea, Hep C, HIV and Syphilis are Free
Part 1: INDIVIDUAL’S FINANCIAL RESPONSIBILITY
my health insurance deductible, coinsurance or
prior to my visit.
service to be “not payable,” I will be responsible
for the complete charge and agree to pay the
costs of all services provided.
Part 2: INSURANCE AUTHORIZATION FOR ASSIGNMENT OF BENEFITS
medical benefits to Novus ACS on my behalf for
any services furnished to me by the providers.
Part 3: AUTHORIZATION TO RELEASE RECORDS
insurer, governmental agencies, or any other entity
financially responsible for my medical care, all
information, including diagnosis and the records
for such medical services as well as information
required for precertification, authorization, or
referral to other medical providers.
Part 4: MEDICARE REQUEST FOR PAYMENT
to me or on my behalf for any services furnished
me by or in Novus ACS. I authorize any holder of
medical or other information about me to release
to Medicare and its agents any information needed
to determine these benefits or benefits for related
Notice of Privacy Practices
This Notice of Privacy Practices is NOT an authorization. This Notice of Privacy Practices describes how we, our Business Associates and their subcontractors, may use and disclose your Protected Health Information (PHI) to carry out Treatment, Payment or Health Care Operations (TPO) and for other purposes that are permitted or required by law. It also describes your rights to access and control your Protected Health Information. Please review it carefully.
We reserve the right to change this notice at any time and to make the revised or changed notice effective in the future. A copy of our current notice will always be posted in the waiting area. You may also obtain your own copy by accessing our website at www.novusacs.com or calling the Privacy Officer at (610) 867-5365.
Some examples of Protected Health Information include information about your past, present or future physical or mental health condition, genetic information, or information about your health care benefits under an insurance plan, each when combined with identifying information such as your name, address, social security number or phone number.
USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION
There are some situations when we do not need your written authorization before using your health information or sharing it with others, including:
Treatment: We may use and disclose your Protected Health Information to provide, coordinate, or manage your health care and any related services. For example, your Protected Health Information may be provided to a physician to whom you have been referred to ensure that the physician has the necessary information to diagnose or treat you.
Payment: Your Protected Health Information may be used, as needed, to obtain payment for your health care services after we have treated you. In some cases, we may share information about you with your health insurance company to determine whether it will cover your treatment.
Healthcare Operations: We may use or disclose, as-needed, your Protected Health Information in order to support the business activities of our practice, for example: quality assessment, employee review, training of medical students, licensing, fundraising, and conducting or arranging for other business activities.
Appointment Reminders and Health-related Benefits and Services: We may use or disclose your Protected Health Information, as necessary, to contact you to remind you of your appointment, and inform you about treatment alternatives or other health-related benefits and services that may be of interest to you. If we use or disclose your Protected Health Information for fundraising activities, we will provide you the choice to opt out of those activities. You may also choose to opt back in.
Friends and Family Involved in Your Care: If you have not voiced an objection, we may share your health information with a family member, relative, or close personal friend who is involved in your care or payment for your care, including following your death.
Business Associate: We may disclose your health information to contractors, agents and other “business associates” who need the information in order to assist us with obtaining payment or carrying out our business operations. For example, a billing company, an accounting firm, or a law firm that provides professional advice to us. Business associates are required by law to abide by the HIPAA regulations.
Proof of Immunization: We may disclose proof of immunization to a school about a student or prospective student of the school, as required by State or other law. Authorization (which may be oral) may be obtained from a parent, guardian, or other person acting in loco parentis, or by the adult or emancipated minor.
Incidental Disclosures: While we will take reasonable steps to safeguard the privacy of your health information, certain disclosures of your health information may occur during or as an unavoidable result of our otherwise permissible uses or disclosures of your health information. For example, during the course of a treatment session, other patients in the treatment area may see, or overhear discussion of, your health information.
Emergencies or Public Need:
We may use or disclose your health information if you need emergency treatment or if we are required by law to treat you.
We may use or disclose your Protected Health Information in the following situations without your authorization: as required by law, public health issues, communicable diseases, abuse, neglect or domestic violence, health oversight, lawsuits and disputes, law enforcement, to avert a serious and imminent threat to health or safety, national security and intelligence activities or protective services, military and veterans, inmates and correctional institutions, workers’ compensation, coroners, medical examiners and funeral directors, organ and tissue donation, and other required uses and disclosures. We may release some health information about you to your employer if your employer hires us to provide you with a physical exam and we discover that you have a work related injury or disease that your employer must know about in order to comply with employment laws. Under the law, we must also disclose your Protected Health Information when required by the Secretary of the Department of Health and Human Services to investigate or determine our compliance with the requirements under Section 164.500.
REQUIREMENT FOR WRITTEN AUTHORIZATION
There are certain situations where we must obtain your written authorization before using your health information or sharing it, including:
Most Uses of Psychotherapy Notes, when appropriate.
Marketing: We may not disclose any of your health information for marketing purposes if our practice will receive direct or indirect financial payment not reasonably related to our practice’s cost of making the communication.
Sale of Protected Health Information: We will not sell your Protected Health Information to third parties.
You may revoke the written authorization, at any time, except when we have already relied upon it. To revoke a written authorization, please write to the Privacy Officer at our practice. You may also initiate the transfer of your records to another person by completing a written authorization form.
Right to Inspect and Copy Records. You have the right to inspect and obtain a copy of your health information, including medical and billing records. To inspect or obtain a copy of your health information, please submit your request in writing to the practice. We may charge a fee for the costs of copying, mailing or other supplies. If you would like an electronic copy of your health information, we will provide one to you as long as we can readily produce such information in the form requested. In some limited circumstances, we may deny the request. Under federal law, you may not inspect or copy the following records: Psychotherapy notes, information compiled in reasonable anticipation of, or used in, a civil, criminal, or administrative action or proceeding, protected health information restricted by law, information related to medical research where you have agreed to participate, information whose disclosure may result in harm or injury to you or to another person, or information that was obtained under a promise of confidentiality.
Right to Amend Records. If you believe that the health information we have about you is incorrect or incomplete, you may request an amendment in writing. If we deny your request, we will provide a written notice that explains our reasons. You will have the right to have certain information related to your request included in your records.
Right to an Accounting of Disclosures. You have a right to request an “accounting of disclosures” every 12 months, except for disclosures made with the patient’s or personal representatives written authorization; for purposes of treatment, payment, healthcare operations; required by law, or six (6) years prior to the date of the request. To obtain a request form for an accounting of disclosures, please write to the Privacy Officer.
Right to Receive Notification of a Breach. You have the right to be notified within sixty (60) days of the discovery of a breach of your unsecured protected health information if there is more than a low probability the information has been compromised.
Right to Request Restrictions. You have the right to request that we further restrict the way we use and disclose your health information to treat your condition, collect payment for that treatment, run our normal business operations or disclose information about you to family or friends involved in your care. Your request must state the specific restrictions requested and to whom you want the restriction to apply. Your physician is not required to agree to your request except if you request that the physician not disclose Protected Health Information to your health plan when you have paid in full out of pocket.
Right to Request Confidential Communications. You have the right to request that we contact you about your medical matters in a more confidential way, such as calling you at work instead of at home. We will not ask you the reason for your request, and we will try to accommodate all reasonable requests.
Right to Have Someone Act on Your Behalf. You have the right to name a personal representative who may act on your behalf to control the privacy of your health information. Parents and guardians will generally have the right to control the privacy of health information about minors unless the minors are permitted by law to act on their own behalf.
Right to Obtain a Copy of Notices. If you are receiving this Notice electronically, you have the right to a paper copy of this Notice.
Right to File a Complaint. If you believe your privacy rights have been violated by us, you may file a complaint with us by calling the Privacy Officer at (610) 867-5365, or with the Secretary of the Department of Health and Human Services. We will not withhold treatment or take action against you for filing a complaint.
Use and Disclosures Where Special Protections May Apply. Some kinds of information, such as alcohol and substance abuse treatment, HIV-related, mental health, psychotherapy, and genetic information, are considered so sensitive that state or federal laws provide special protections for them. Therefore, some parts of this general Notice of Privacy Practices may not apply to these types of information. If you have questions or concerns about the ways these types of information may be used or disclosed, please speak with your health care provider.
1565 Linden Street
Bethlehem, PA 18018
(610) 867 – 5365
(610) 867 – 5366
Health Insurance Portability and Accountability Act of 1996
NOTICE OF PRIVACY PRACTICES
Effective April 14, 2003
Revised: March 25, 2013
Michael Schaadt, Privacy Officer
None of our providers or other medical staff deal with urgent medical situations. DO NOT CONTINUE WITH CLINICAL SERVICES USING THE NOVUS TELEPREP PLATFORM IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY; INSTEAD, CALL 9-1-1 OR PROCEED TO THE NEAREST EMERGENCY ROOM.
IF YOU ARE CONTEMPLATING SUICIDE, CONTACT 988 OR THE NATIONAL SUICIDE PREVENTION LINE AT 1-88-273-TALK (8255).
By creating an account, initiating a consultation, clicking “I consent to telehealth,” checking a related box to indicate your acceptance, or using any other acceptance protocol presented by the Novus TelePrEP Platform, you indicate that you have reviewed the risks of receiving services utilizing telehealth technologies as described here and consent to receiving the services. This Telehealth Informed Consent is maintained in the files and records of the applicable Provider delivering your services, and your continued participation in services provided by Novus Adult Care Services LLC utilizing telehealth technologies serves as an ongoing acknowledgement of your acceptance of this Telehealth Informed Consent and updates at that time the representations you make herein.
(1) Novus Adult Care Services LLC refers to a network of medical professional organizations linked with Novus TelePrEP, as well as its hired and contracted health practitioners (“Providers”).
Telehealth is the provision of health and wellness services by electronic communications, information technology, or other methods between a licensed, certified, or registered healthcare practitioner in one area and a patient in another location about a clinical issue. Telehealth may be used for the diagnosis, treatment, follow-up, and/or education of patients. These telehealth services may incorporate many modalities, such as asynchronous interactions, real-time video and audio encounters, and interactive audio with store-and-forward. This “Telehealth Informed Consent” is intended to advise the patient or guardian (“patient,” “you,” or “your”) about the treatment techniques, dangers, and limits of employing telehealth to fulfill your health and wellness requirements.
III. What are the Possible Benefits of Telehealth?
You may have simpler and more efficient access to health and wellness services. You may get health and wellness services, including treatment-related follow-up care, at your convenience and without the need for an in-office visit. Please contact us via the Novus TelePrEP Platform or the Novus TelePrEP call center at 1-610-867-5365 if you need follow-up treatment (M-F 9AM – 4PM ET).
It is possible that the information supplied to your health professional is insufficient for them to provide you with the health or wellness services you need. Your Provider will determine whether or not your clinical requirements are suitable for a telemedicine visit. The technology used to communicate with your healthcare provider may malfunction, delaying your services. If you are unable to communicate with your Providers because to a technical issue, please dial the following number: Phone: 1-610-867-5365 (M-F 9AM – 4PM ET). As all data transmitted is in digital format, a data breach allows for more access to your health information. In rare instances, a lack of access to comprehensive medical records and/or the quality of communicated data might lead to undesirable medication interactions, allergic responses, and/or other mistakes in clinical judgment. You may stop or decline any ongoing Health Care Services provided by Novus Adult Care Services LLC utilizing telehealth technologies at any time; however, you acknowledge that applicable fees may apply if a medical consultation has occurred prior to your request to cancel services and Novus Adult Care Services LLC has no obligation for your ongoing care or selection of separate health care services in such cases. LABORATORY PRODUCTS AND SERVICES In order to provide you with some Health Care Services, Providers may ask you to undergo diagnostic testing (s). These diagnostic tests are supplied by independent labs; neither Novus TelePrEP, Novus Adult Care Services LLC, nor your Provider(s) can guarantee their correctness or reliability. These laboratory tests may provide false negative, false positive, or inconclusive findings, which may hinder your Provider(sability )’s to accurately identify or treat your medical issues. Your Provider(s) may be unable to accurately identify or treat your medical issues if these tests fail or are flawed.
By accepting this Telehealth Informed Consent, you confirm that you have read and agree to the following provisions:
In some instances, my Provider may be a nurse practitioner or physician assistant rather than a doctor.
In some cases, and in accordance with relevant legislation, my Provider may conclude that it is permissible to offer my Health Care Services asynchronously using store-and-forward technology. In such cases, my Provider and I will connect electronically using the Novus TelePrEP Platform, rather than via phone or video. I agree that I would prefer to get Health Care Services in this way if my provider so determines.
I am aware that Novus Adult Care Services LLC and my Provider have no control over the possibility of technological difficulties during the telemedicine consultation (s). I AGREE TO HOLD HARMLESS NOVUS ADULT CARE SERVICES LLC AND ITS EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, REPRESENTATIVES, ASSIGNS,, PREDECESSORS, AND SUCCESSORS, INCLUDING NOVUS TELEPREP AND ITS EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, REPRESENTATIVES, ASSIGNS, PARENTS, PREDECESSORS, AND SUCCESSORS FOR DELAYS IN EVALUATION OR FOR INFORMATION LOST DUE TO SUCH TECHNICAL FAILURES.
10.I am aware that the Novus TelePrEP Platform provides a limited range of services and that I may need to seek out other options for my other health needs. There is no assurance that a Provider will treat me. My Provider maintains the right to reject treatment for any reason if, in the Provider’s professional opinion, the supply of services, including telehealth services, is not medically or morally suitable. I understand that the Providers, and not Novus TelePrEP or Novus Adult Care Services LLC, are responsible for the quality and appropriateness of the care they provide to me, and that they make all decisions regarding clinical care in their independent discretion, without the influence of Novus TelePrEP or Novus Adult Care Services LLC. I agree to solely seek remedies against the Provider for any medical or clinical obligations emerging directly as a consequence of accessing medical or clinical services via Novus TelePrEP.
The following disclosures apply to users accessing the Novus TelePrEP Platform for the purposes of participating in a telehealth visit as required by the states listed below:
Iowa: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: https://medicalboard.iowa.gov/consumers/filing-complaint.
Kentucky: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: https://kbml.ky.gov/grievances/Pages/default.aspx.
Maine: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: https://www.maine.gov/md/complaint/file-complaint.
New York: I have been informed that to get information regarding your rights and how to report professional misconduct, I should visit, here: https://www.health.ny.gov/professionals/doctors/conduct.
Oregon: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: https://www.oregon.gov/omb/investigations/pages/how-to-file-a-complaint.aspx.
Rhode Island: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: https://health.ri.gov/complaints/.
Texas: I have been informed of the following notice:
NOTICE CONCERNING COMPLAINTS- Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353, For more information, please visit our website at www.tmb.state.tx.us.
AVISO SOBRE LAS QUEJAS- Las quejas sobre médicos, asi como sobre otros profesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente dirección para ser investigadas: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Si necesita ayuda para presentar una queja, llame al: 1-800-201-9353, Para obtener más información, visite nuestro sitio web en www.tmb.state.tx.us
Vermont: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: http://www.healthvermont.gov/health-professionals-systems/board-medical-practice/file-complaint; or Board of Osteopathic Examiners can be found at: https://sos.vermont.gov/opr/complaints-conduct-discipline/
Wyoming: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here: http://wyomedboard.wyo.gov/consumers/file-a-complaint.
THIS SERVICE IS ONLY CONTEMPLATED FOR SPECIFIC NON-EMERGENT MEDICAL CONDITIONS OR CONCERNS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
These terms of service (the “Terms”) outline your rights and obligations with respect to the Novus TelePrEP website and mobile application (the “Platform”), which is owned and managed by Novus Adult Care Services LLC. “we”, “our”, “us”, and “Novus TelePrEP” refer collectively to Novus Adult Care Services under these Terms. You and yours relate to the individual utilizing the Platform. The Platform’s use is regulated by these Terms and our Privacy Statement. By accessing or using the Platform, you confirm that you have read, understood, and accepted to be legally bound by these Terms and our Privacy Statement, and that you will comply with them.
Even though you may have accessed the Platform through a website or mobile application managed or controlled by a third party, including a Novus TelePrEP affiliate, you acknowledge and agree that these Terms represent a contract between you and Novus TelePrEP. You also acknowledge and accept that Novus TelePrEP or a Novus TelePrEP subsidiary provides the Platform and any services supplied via these Terms, except the Health Care Services LLC mentioned below.
We retain the right, at our sole discretion, to modify these Terms, in whole or in part, at any time and for any reason, without incurring any responsibility to you or a third party. When using the Platform, you should periodically review the Terms to see whether any modifications have been made. Referring to the “Last Modified” indication above, you may establish when the Terms were last amended. If you continue to use the Platform after the modified Terms have been posted, you will be assumed to have accepted them. If you disagree with any of the terms of these Terms, your single and exclusive recourse is to cease using the Platform.
III. Description of Novus TelePrEP
You acknowledge and agree that the Platform is intended to facilitate the following services (the “Services”): (a) the development and gathering of health care records and information for use in medical provider encounters and communications; (b) administrative support in connection with scheduling and payment for Health Care Services; and (c) administrative support in connection with coordinating optional fulfillment and payment for diagnostic tests.
You acknowledge that the Platform collects unique information from you to enable an affiliated medical provider through the Health Care Services to determine whether a prescription or a diagnostic test is indicated and appropriate for you. This information includes applicable health information (such as your past and present health conditions, medications, and blood pressure), diagnostic tests, as applicable, and personal information (such as your name, location, and demographic information). You also understand and agree that after reviewing Your Information, the medical provider will use his or her independent professional judgment to determine whether to prescribe you medication or other treatment, or recommend that you consult with alternative clinical resources (the “Health Care Services”).
You grant us permission to communicate and disclose Your Information to the linked professional organizations and their medical practitioners so that you may obtain Health Care Services. You also consent to our providing Your Information to Novus TelePrEP affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies for the purpose of coordinating fulfillment and payment for diagnostic testing, prescription medications, and medical devices recommended as part of the Health Care Services.
All medical providers who provide Health Care Services via the Platform are I independent professionals engaged with or hired by associated professional organizations that coordinate with Novus TelePrEP, and (ii) solely liable for the Health Care Services they offer to you. Novus TelePrEP is not licensed to practice medicine and does not provide any Health Care Services through the Platform. Novus TelePrEP does not control or interfere with the provision of Health Care Services by medical practitioners and related professional entities, each of whom is autonomous and entirely responsible for providing you with Health Care Services. You acknowledge and agree that Novus TelePrEP is not liable for Health Care Services or your use of Health Care Services supplied by a medical provider or related professional entity, including any personal injury or property damage.
To access the Services through the Platform, the following conditions must be met:
You must be at least 14 years of age.
You reside in a state or territory where the Services are accessible in the United States. Currently, Pennsylvania provides complete online service, if you live out of state you must physically visit an office once annually.
You agree to be legally bound by these Terms of Service and to comply with them.
To utilize the Platform, you must own suitable desktop and/or mobile devices, Internet connectivity, and certain required software. There may be fees associated with your usage of mobile services and the Internet.
You acknowledge and accept that meeting the aforementioned conditions does not ensure that you will obtain the Services through the Platform. In addition to the aforementioned criteria, Novus TelePrEP and its connected professional organizations retain the right, at their sole discretion, to modify or add additional requirements without prior notification to you. In addition, medical providers and affiliated professional entities delivering the Health Care Services may determine, on a case-by-case basis, that certain criteria apply to the use of the Platform for the Health Care Services, or that the Health Care Services are not appropriate for a particular user in a particular instance. Here you may find further information on the requirements for the Health Care Services.
The Services are currently available to individuals located in certain states. Currently, our services are only offered in Pennsylvania.
Although many portions of the Platform are available to all users, you must register with Novus TelePrEP in order to use the Services. The Services are only accessible to users who have registered with Novus TelePrEP and other individuals linked with Novus TelePrEP who have been provided login credentials. The Platform may be inaccessible at any moment, for any duration, or for any cause, and Novus TelePrEP is not responsible if the Platform or any portion thereof is unavailable for any reason at any time or for any period.
Upon account registration, the Platform may have forms or fields that provide you to input, submit, or communicate user information or data (“User Data”) to Novus TelePrEP on or via the Platform. You acknowledge and agree that any User Data you provide on or through the Platform may be used, copied, or displayed by Novus TelePrEP, that Novus TelePrEP may create derivative works of any such data, and that Novus TelePrEP may provide such data to our service providers, our successors and assigns, and medical providers and their affiliated professional entities, in order to perform the Services.
You grant Novus TelePrEP, our service providers, our successors and assigns, and medical providers and their affiliated professional entities the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any User Data you submit on or through the Platform for the purposes of providing the Services to you; conducting research or analyses of such data; and designing, developing, manufacturing, marketing, or distributing products or services using such data.
VII. Your Responsibilities and Acknowledgement
You agree to the following as a condition of your usage of the Services via the Platform:
All of Your Information given via the Platform is accurate, full, and correct, and you will maintain and update any of Your Information provided to Novus TelePrEP in an accurate manner.
Your consent to use the Platform is personal (only you will use the Platform), and your identity details are honest and genuine. You promise to keep your username and password secure and to log out of your account at the conclusion of each session. You are accountable for all activity that occur under your account and for keeping your password secure. You are responsible for quickly updating your password if you believe it has been hacked. You may not share or transmit your password, nor may you create multiple accounts. You may never utilize the account of another user.
You undertake to promptly alert Novus TelePrEP through email at [email protected] of any unauthorized use of your login or password or any other breach of security involving or connected to the Services.
Novus TelePrEP, its associated professional organizations, or appropriate medical provider(s) may request extra information from you in order to provide Health Care Services or fill a prescription. You may choose not to provide required information; but, if you do so, you will be unable to access the Platform or any linked services.
You acknowledge and agree that the provision of Health Care Services through the Platform is contingent on the accuracy and completeness of Your Information. Novus TelePrEP is unable to validate Your Information in its whole. Therefore, Novus TelePrEP is not liable for any repercussions if Your Information is wrong or insufficient. Novus TelePrEP has the right to suspend or cancel your account and your use of the Services if Your Information is incorrect, incomplete, or not maintained, or if Novus TelePrEP has reasonable reasons to suspect as much. In addition, Novus TelePrEP may take any action it considers appropriate or necessary to safeguard the security of the Platform, Services, and your Secure User account.
VIII. Designated Representative
As appropriate, you appoint Novus TelePrEP as your chosen representative to get your prescription from the dispensing pharmacy and deliver it to your designated address.
You will not use our Platform, nor will you promote or allow others to use it, except as specifically authorized in these Terms. Not only will you not:
Utilize or try to use the Platform or Services for the benefit of a third party;
Access or use the Platform in a way or for a purpose that infringes, misappropriates, or otherwise violates the intellectual property or other rights of a third party, or that violates any relevant local, state, or federal law or regulation, or that is forbidden by these Terms;
Your smartphone operating system’s jailbreak. The Platform is designed for usage only on mobile phones with manufacturer-approved operating systems that have not been changed. The use of the Platform on a mobile device with a modified operating system may compromise the security protections designed to protect your protected health information from unauthorized or accidental exposure. If you use the Platform on a modified mobile device, you might risk your protected health information. The use of the Platform on a mobile device with an altered operating system constitutes a significant infringement of these Terms.
License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make the Platform or associated content accessible to any third party;
Use or access the Platform to produce or develop competitive goods or services, or for any other purpose that is detrimental or commercially disadvantageous to Novus TelePrEP;
Take any action or use the Platform in a way that might damage, destroy, disrupt, disable, impair, overburden, interfere, or otherwise hinder or harm our Platform or any content, in whole or in part;
Disrupt, interfere with, or breach the security of our Platform or any computer network, or try to obtain unauthorized access;
Bypass, breach, evade, remove, deactivate, impair, or otherwise circumvent any security device, protection, or technical measure put in place by Novus TelePrEP or any of our service partners to safeguard our Platform;
Input, upload, transmit, distribute, or otherwise execute or propagate any virus, program, Trojan horse, or other malicious computer code that might harm or modify a computer, portable device, computer network, communication network, data, or our Platform, or any other system, device, or property;
Remove, remove, modify, or conceal any logos, specifications, warranties, or disclaimers, as well as any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Platform or any material made accessible to you through our Platform;
Except as allowed in Section XIV, use any manual method or automated technology to monitor or copy any material made accessible on or via our Platform for any illegal purpose.
Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database, or otherwise use any data, text, reports, or other materials related to Novus TelePrEP or third-party content from the Platform; or
Encourage or enable any person to engage in any of the above activities.
Novus TelePrEP offers you a personal, limited, revocable, non-exclusive, and non-transferable license to view, download, access, and use the Platform and its content only for your personal, non-commercial use. No other right, title, or interest in or to the Platform is given to you, and Novus TelePrEP or its licensors retain all rights not explicitly granted. You may not copy, publish, transmit, distribute, display, edit, create derivative works from, sell or participate in the sale of, or exploit in any manner such material for commercial purposes, in whole or in part.
The Platform is designed for use with certain healthcare services and should not be viewed or used as complete medical advice, care, or treatment.
Before beginning or ending any course of therapy, medicine, or medication, you should always see your physician or another certified healthcare practitioner with any concerns you may have about your general health, medical problems, or medications.
XII. Telehealth Consent
Telehealth is the provision of health and wellness services by electronic communications, information technology, or other methods between a licensed, certified, or registered healthcare practitioner in one area and a patient in another location about a clinical issue. Please examine the whole “Telehealth Informed Consent” document, which describes the treatment techniques, dangers, and restrictions of employing telehealth to fulfill your health and wellness requirements. You will be needed to agree to the Telehealth Informed Consent on the use of telehealth in order to obtain Health Care Services.
By submitting Your Information for Health Care Services, you agree to pay all applicable costs. You will be prompted to enter your payment information, such as your credit card number and any applicable promotional codes. By entering your payment information and submitting your request, you enable us, our affiliates, or our third-party payment processors to charge your account for the whole amount owed. If you obtain medical consultation, medical consult costs are non-refundable and non-transferable. Prescription items cannot be returned for reuse or resale, and all purchases are final. If you suspect, however, that we have made a mistake in filling your prescription, please send us a note via your Novus TelePrEP account.
You acknowledge and agree that you are liable for any payments associated with receiving the Services, including any fees imposed by medical providers and related medical professional organizations, as well as any relevant co-insurance or co-payment amounts.
You understand that Novus TelePrEP’s affiliated medical professional entities are not contracted health care providers with any health insurance plans (commercial, government, or otherwise) (i.e., Novus TelePrEP is a “out-of-network” provider), and that you are responsible for paying all fees due to receive the Health Care Services, including any fees charged by the Novus TelePrEP medical provider. If you intend to make a claim for the Health Care Services supplied to you by your health insurance plan for out-of-network reimbursement, a super bill will be issued upon request. You are entirely responsible for submitting reimbursement claims to your health insurance provider. Included in the amounts collected by Novus TelePrEP will be medical provider fees for Health Care Services. If your credit card expires or if Novus TelePrEP, our affiliates, or our third-party payment processors are unable to process your payment, you may be required to provide an other payment method. Novus TelePrEP and/or the medical provider(s) are not required to perform any Health Care Services until and unless full payment is received and/or validated.
Because Novus TelePrEP’s medical providers are not contracted with any health insurance plan to provide Health Care Services, including federal or state government health care programs such as Medicaid and Medicare, any prescription medication or laboratory service ordered by a Novus TelePrEP medical provider may not be covered. You are responsible for determining if your health insurance plan covers your prescription medicine and/or laboratory testing services. Refer to https://moleculartestinglabs.com/ or the lab service used for information on the insurance plans that our lab partner may accept.
Novus TelePrEP does not accept government insurance for its Services, including Medicaid or Medicare. Again, if you choose to use our services as an out-of-network provider, you will be required to pay cash. We may offer you with a receipt so that you can request reimbursement from a non-network provider.
Novus TelePrEP recognizes the significance of privacy and confidentiality surrounding Your Information. Please refer to our Privacy Statement for an explanation of how we may collect, use, and disclose Your Information in relation to the Platform.
Novus TelePrEP is the sole and exclusive owner of all rights, titles, and interests in and to the Platform and its content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement, and look and feel), as well as all intellectual property rights therein, as well as any suggestions, ideas, or other feedback you provide. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Platform, including all intellectual property rights therein, shall belong wholly and exclusively to Novus TelePrEP or its licensors. You are permitted to use the Platform exclusively for your own personal, non-commercial purposes, subject to your compliance with these Terms. No other right, title, or interest in or to the Platform is transferred to you, and we and our affiliates retain all rights not explicitly granted.
Certain displayed names, logos, and other materials may represent trademarks, trade names, service marks, or logos (“Trademarks”) of Novus TelePrEP or its affiliates. You may not use any of these Trademarks without the prior written consent of Novus TelePrEP or its affiliates. All of these Trademarks and the goodwill associated with them remain the property of us or our affiliates.
XVI. Links to Third-Party Hyperlinks and Websites
The Platform may include connections to other websites (“Linked Sites”) owned by third parties. We are not responsible for the information, goods, or services mentioned on the Linked Sites, or for the content of any Linked Site, including, without limitation, any link included in a Linked Site, or any changes or additions to a Linked Site. We are offering these Linked Sites to you solely as a convenience, and the inclusion of any link does not necessarily indicate sponsorship of the Linked Site or any relationship with its administrators. You use these Linked Sites at your own risk, and we are not responsible in any way, either directly or indirectly, for any content, mistakes, damage, or loss caused by or in connection with the use of or reliance on information included in or given to Linked Sites.
You may have arrived to the Platform through a Linked Site, including a Linked Site managed by a Novus TelePrEP parent, subsidiary, or affiliate. You acknowledge and agree that we are not responsible for the content, goods, or services described on Linked Sites, and that only these Terms shall govern your use of or access to the Platform.
XVII. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS THROUGH THE PLATFORM. YOU USE THE PLATFORM AT YOUR OWN RISK ALONE. NOVUS TELEPREP AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLI WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PLATFORM OR THE SERVICES WILL NOT INFRINGE THIRD-PARTY RIGHTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER NOVUS TELEPREP NOR ITS RELATED PERSONS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM. YOU ARE RESPONSIBLE FOR EVALUATING THE PLATFORM’S ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, AND USEFULNESS. FURTHERMORE, NOVUS TELEPREP DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND NOVUS TELEPREP DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT, MATERIAL, AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE PLATFORM IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, AND/OR INFORMATION.
XVIII. Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, NEITHER NOVUS TELEPREP NOR ITS RELATED PERSONS OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES ARISING UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), THIS IS TRUE EVEN IF NOVUS TELEPREP OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, NOVUS TELEPREP AND ITS RELATED PERSONS’ TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). NOTICE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY LIMIT OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Novus TelePrEP and any of its Related Persons, licensors, and suppliers from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: I any breach by you of these Terms, (ii) your use of content or features available on the Platform in an unauthorized manner, and/or (iii) a violation by you of any applicable laws, rules, or regulations.
Novus TelePrEP maintains the right, with or without prior notice, to alter or discontinue the Platform, or any portion thereof, at any time and for any cause. You agree that Novus TelePrEP shall have no liability to you or any other party in the event that the Platform is modified, suspended, or discontinued.
XXI. Suspension and Termination Rights
The Terms shall be valid and enforceable so long as you continue to access or use the Platform. You may at any time terminate the Terms by terminating usage of the Platform. If you break these Terms, your license to use the Platform will immediately expire.
We may cancel or suspend any of the privileges granted by these Terms and your use to our Platform at any time, for any reason, with or without prior notice. The following clauses survive any expiration or termination of these Terms: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, and Waiver of Class Action; and Other Provisions.
Novus TelePrEP maintains the right, subject to applicable law, to preserve, remove, or destroy all communications and materials submitted or uploaded to the Platform in accordance with its internal record keeping and/or content destruction policy. After any termination, Novus TelePrEP will have no further obligation to provide the Services, except to the extent that we are required to provide you access to your health records or to provide you with continuing care in accordance with our applicable legal, ethical, and professional obligations to you.
XXII. Governing Law; Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THAT YOU AND NOVUS TELEPREP RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING
INDIVIDUAL ARBITRATION AND LIMITS HOW YOU CAN SEEK RELIEF FROM NOVUS TELEPREP.
Rule of Law.
We govern and operate the Platform from the United States, and it is not intended to subject us to the laws or jurisdiction of any other state, nation, or territory. The laws of the State of Pennsylvania, without respect to considerations of conflicts of law, will govern these Terms.
You and Novus TelePrEP agree that all claims and disputes relating in any way to your use of our Platform, or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the maximum extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, or other proprietary rights, and any dispute in which either party You also agree that any arbitration will be conducted in Bethlehem, PA.
Waiver of Trial by Jury
YOU AND NOVUS TELEPREP WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL BEFORE A JUDGE OR JURY IN THE EVENT THAT ARBITRATION IS CONTRARY TO APPLICABLE LAW. You and Novus TelePrEP have opted instead for claims and disagreements to be addressed through arbitration. Arbitration is the referral of a claim or disagreement to one or more individuals responsible with examining the claim or dispute and making a final, legally binding decision to resolve it, as opposed to a judge or jury. Arbitration processes are often more restricted, more efficient, and less expensive than court rules and are subject to little judicial scrutiny. The arbitrator’s decision is enforceable and may be entered as a judgment in any court of competent jurisdiction.
No class arbitrations, representative actions, or class actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER MAY NOT BE BROUGHT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING, EITHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND NOVUS TELEPREP AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON OR PARTY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. In addition, the arbitrator may only award relief (including monetary, injunctive, and declaratory relief) in favor of the party seeking relief and only to the extent necessary to provide the relief necessitated by that party’s individual claim(s) or dispute. ANY AWARDED RELIEF IS NOT AVAILABLE TO OTHER NOVUS TELEPREP USERS.
This dispute resolution provision’s interpretation and enforcement are governed by the Federal Arbitration Act. Any arbitration started between you and Novus TelePrEP shall be administered by the American Arbitration Association (“AAA”) and regulated by the AAA’s Consumer Arbitration Rules. The AAA Rules and filing forms are accessible via the website www.adr.org.
The Terms contain the entirety of the understanding and agreement between you and us on the subject matter hereof. If a court of competent jurisdiction finds that any provision of these Terms is invalid, the parties still agree that the court should strive to give effect to the parties’ intentions as represented in the provision, and the remaining terms shall continue in full force and effect. Headings serve merely as a point of reference and in no way define, limit, interpret, or characterize the breadth or extent of their respective sections. Our failure to act with regard to a failure by you or others to comply with these Terms does not relinquish our right to act with regard to subsequent or comparable failures. Without our prior written agreement, you may not assign or transfer your rights or duties under these Terms, and any assignment or transfer in violation of this clause shall be invalid.
XXIV. Copyright Infringement Claims
Novus TelePrEP retains the right to delete at any time and for any reason any content or other material or information available on or via our Platform. Novus TelePrEP otherwise conforms with the Digital Millennium Copyright Act (DMCA) rules applicable to Internet service providers (17 U.S.C. 512) and responds to unambiguous reports of suspected copyright infringement. This section XXIV explains how to register a notification of alleged copyright infringement with Novus TelePrEP.
Notification of Alleged Copyright Violation
You may notify our Designated Agent at [[email protected]] if you have objections to copyrighted content or material made available on or via our Platform.
Any report under 17 U.S.C. 512(c) to Novus TelePrEP alleging copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the allegedly infringed exclusive right;
Identification of the copyrighted work or other intellectual property that you assert has been infringed, or, if many copyrighted works are included in a single notice, a representative list of such works;
An identification of the allegedly illegal information or material and its location on our Platform;
Information necessary for Novus TelePrEP to contact you, such as your address, phone number, and/or email address;
A statement by you that you have a good-faith conviction that the copyright owner, its agent, or the law has not allowed the use of the content or material at issue; and
A signed declaration attesting that the above information in your notification is correct and that, under penalty of perjury, you are the owner of the copyright or authorized to act on the owner’s behalf.
XXV. Contact Information
If you have any questions or concerns, please contact [email protected]