Terms of Use


Agreement between User and HoyHealth Sites, Portals and Mobile Applications


These Terms of Use govern your access to and use of all HoyHealth sites, portals and mobile applications.  HoyHealth sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of HoyHealth sites, portals and mobile applications (“Use”) constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.  When we say “HoyHealth,” we mean HoyHealth, LLC and any of its subsidiaries (including any subsidiaries HoyHealth, LLC may form or acquire in the future).When we say “HoyHealth Sites,” we mean www.hoyhealth.com, www.hoymeds.com, www.hoyccm.com, www.hoydoc.com, and www.hoyrx.com.

At HoyHealth we are focused on the health and wellness needs of the USA and Latin American consumer. We provide consumers with total health and wellness solutions that enhance their lives with customized solutions that allow culturally relevant care solutions provided in both English and Spanish.  We focus on providing access to bilingual English and Spanish speaking healthcare professionals that include Doctors, Nurses, Psychologist and a variety of other health care related professionals our US based network allows you to receive the quality care you deserve in the language that you prefer.  HoyRX and HoyMEDS allow consumers to save on their medication purchases.  HoyMEDS is a free medication discount program that allows consumers to have access to all FDA approved medications in the USA with significant saving discounts at participating pharmacies in our national network of participating pharmacies.  HoyRX allows access to low cost medications through a similar online voucher system.

Disclaimers:

HoyRX:

THIS PLAN IS NOT INSURANCE, and is not intended as a substitute for insurance. This plan is not a Medicare prescription drug plan, and is not a Qualified Health Plan under the Affordable Care Act. This plan does not meet the minimum creditable coverage requirements under federal or state law. By using this plan, you agree to pay the entire prescription cost less any applicable discount. You are obligated to pay for all prescriptions but may receive a discount from those pharmacies that have contracted with the plan. Discounts are only available at participating pharmacies. Savings will vary by drug and by pharmacy. The discount prescription drug plan organization may obtain and retain fees or rebates from manufacturers and/or pharmacy benefit managers based on your prescription drug purchases. You may access a list of participating pharmacies at: www.hoyrx.com. Upon request the plan will make available a written list of participating pharmacies. The discount prescription drug plan organization is HoyHealth, LLC, 45 South Park Place #228 Morristown, NJ 07960. Toll-free number: 1-866-504-5032.  Email address: info@hoyhealth.net.

This plan is not available in Illinois, Kansas, Louisiana, Maryland, Montana, New Hampshire, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, or West Virginia or where prohibited by law. Participating pharmacies are subject to change without notice and are not available in all areas. Pharmacy prices fluctuate frequently, and the plan’s pricing tool is for informational purposes only. The plan is governed by the terms and conditions provided at registration. Prescription claims through this plan will not be eligible for reimbursement through Medicaid, Medicare, or any other government program. The plan does not guarantee the quality of the services or products offered by individual pharmacists.

HoyDOC

Services provided by HoyDOC do not replace your primary care physician relationship.  HoyDOC does not guarantee that a prescription will be written.  HoyDOC is not an insurance product or a prescription fulfillment warehouse.  HoyDOC physicians do not prescribe DEA controlled substances, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse.  HoyDOC operates subject to state regulation and may not be available in certain states.  Medical services rendered by your physician are subject to their professional judgment.  HoyDOC physicians reserve the right to deny care for potential misuse of services.  HoyDOC and the HoyDOC logo are registered trademarks of HoyHealth, LLC and may not be used without written permission.

All Healthcare Professionals on the Site hold professional licenses issued by the professional licensing boards in the states where they practice. All physicians and psychologists hold advanced degrees in either medicine or psychology and have undergone postgraduate training. You can report a complaint relating to the care provided by a Healthcare Professional by contacting the professional licensing board in the state where the care was received. In a professional relationship, sexual intimacy is never appropriate and should be reported to the board or agency that licenses, registers, or certifies the licensee.

Privacy

Your use of HoyHealth Sites or Mobile Applications is subject to HoyHealth's Privacy Policy. Please review our Privacy Policy, which also governs the Sites and informs users of our data collection practices.

Electronic Communications

Visiting HoyHealth sites or sending emails to HoyHealth constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use HoyHealth sites and mobile applications, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that HoyHealth is not responsible for third party access to your account that results from theft or misappropriation of your account. HoyHealth and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

HoyHealth does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use HoyHealth Sites or Mobile Applications only with permission of a parent or guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms.

Fees and Purchase Terms

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing HoyHealth with your credit card number or PayPal account and associated payment information, you agree that HoyHealth is authorized to immediately invoice your account for all fees and charges due and payable to HoyHealth hereunder and that no additional notice or consent is required.

There are no limitations, exclusions or exceptions to You receiving the discount plan benefits.  You will have free access to discounted prescriptions without restrictions such as waiting periods or notification periods.

Links to Third Party Sites/Third Party Services

HoyHealth Sites or Mobile Applications may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of HoyHealth and HoyHealth is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HoyHealth is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HoyHealth of the site or any association with its operators.

Certain services made available via HoyHealth Sites or Mobile Applications are delivered by third party sites and organizations. By using any product, service or functionality originating from the HoyHealth Sites or Mobile Applications, you hereby acknowledge and consent that HoyHealth may share such information and data with any third party with whom HoyHealth has a contractual relationship to provide the requested product, service or functionality on behalf of HoyHealth Sites or Mobile Applications users and customers.

Obtaining and use of a discount

Apply online to obtain a discount product.  All vouchers and cards must be presented during checkout, be legible and have a scannable barcode, if applicable.  Vouchers are void if copied, scanned, altered, expired or prohibited by law. 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use HoyHealth Sites or Mobile Applications strictly in accordance with these terms of use. As a condition of your use of the Sites and mobile applications, you warrant to HoyHealth that you will not use the Sites or Mobile Applications for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites or Mobile Applications in any manner which could damage, disable, overburden, or impair the Sites or Mobile Applications or interfere with any other party's use and enjoyment of the Sites or Mobile Applications. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites or Mobile Applications.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites or Mobile Applications, is the property of HoyHealth or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites or Mobile Applications. HoyHealth content is not for resale. Your use of the Sites or Mobile Applications does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HoyHealth and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HoyHealth or our licensors except as expressly authorized by these Terms.

Comliance with Laws; Transmission of Data

With respect to its operation of the Use, and to the extent required by (i) the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the regulations promulgated thereunder, and (ii) the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and any regulations promulgated thereunder (HIPAA and HITECH are collectively referred to herein as the “Privacy Laws”), HoyHealth will fully comply with the Privacy Laws applicable to covered entites and maintain the confidentiality of any Protected Health Information (as defined by the Privacy Laws) (“PHI”) transmitted or made available through the functionality of the Use.  You understand and agree that this Terms of Use Agreement may be amended from time to time if necessary to comply with the Privacy Laws. The requirements of this Section will survive the termination of your Use.

You agree that, to the extent applicable, while performing a Use described above, you shall comply with all applicable state and federal laws including, but not limited to, the Privacy Laws. You represent and warrant that you will, at all times, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. You agree that HoyHealth, and all other persons or entities involved in the operation of the Use, have the right to monitor, retrieve, store, review, and use PHI, if applicable, in connection with the transmission of any PHI.

To the extent permissible under the Privacy Laws and any other applicable Federal and State laws, you hereby grant to HoyHealth a perpetual, unlimited license to use the data and information that is compiled or passes through the Use that specifically relates to you, your patient care, your Provider’s procedures or diagnoses, or insurance provider procedures, policies, coverage, or payments, and any related information (collectively, the “Client Data”), in a de-identified format as defined under the Privacy Laws for data benchmarking, sharing, warehousing, resource utilization, and similar data analysis services; provided, however, that HoyHealth shall comply with the Privacy Laws in connection with any such actions.

HOYHEALTH CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PHI OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED DURING THE USE WHETHER TO A PROVIDER OR OTHERWISE. HOYHEALTH RESERVES THE RIGHT TO AMEND OR DELETE ANY UPLOADED CONTENT (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS) THAT IN HOYHEALTH’S SOLE DISCRETION VIOLATES ANY PROVISIONS OF THIS SECTION OR THE TERMS OF USE IN GENERAL.

Use of Communication Services

The Sites and mobile applications may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

HoyHealth has no obligation to monitor the Communication Services. However, HoyHealth reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HoyHealth reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

HoyHealth reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HoyHealth's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. HoyHealth does not control or endorse the content, messages or information found in any Communication Service and, therefore, HoyHealth specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized HoyHealth spokespersons, and their views do not necessarily reflect those of HoyHealth.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to HoyHealth Sites or Mobile Applications or Posted on Any HoyHealth Web Page

HoyHealth does not claim ownership of the materials you provide to HoyHealth Sites or Mobile Applications (including feedback and suggestions) or post, upload, input or submit to any HoyHealth Sites or Mobile Applications or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting HoyHealth, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. HoyHealth is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HoyHealth's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Service is controlled, operated and administered by HoyHealth from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the HoyHealth Content accessed through HoyHealth Sites and Mobile Applications in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless HoyHealth, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Sites, Mobile Applications or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HoyHealth reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HoyHealth in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and HoyHealth agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOYHEALTH, LLC, ITS SUBSIDIARIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES OR MOBILE APPLICATIONS AT ANY TIME.

HOYHEALTH, LLC, ITS SUBSIDIARIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOYHEALTH, LLC, ITS SUBSIDIARIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOYHEALTH, LLC, ITS SUBSIDIARIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES AND MOBILE APPLICATIONS, WITH THE DELAY OR INABILITY TO USE THE SITES OR MOBILE APPLICATIONS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES OR MOBILE APPLICATIONS, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES OR MOBILE APPLICATIONS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HOYHEALTH, LLC OR ANY OF ITS SUBSIDIARIES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR MOBILE APPLICATIONS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES OR MOBILE APPLICATIONS.

Termination/Access Restriction

HoyHealth reserves the right, in its sole discretion, to terminate your access to the Sites or Mobile Applications and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Sites or Mobile Applications. Use of the Sites or Mobile Applications is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and HoyHealth as a result of this agreement or use of the Sites or Mobile Applications. HoyHealth's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HoyHealth's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or Mobile Applications or information provided to or gathered by HoyHealth with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HoyHealth with respect to the Sites or Mobile Applications and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HoyHealth with respect to the Sites or Mobile Applications. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English and Spanish.

You can cancel services and Use at any time.  Please contact HoyHealth at the below contact information if you are dissatisfied or if you would like to request additional information.  If You remain dissatisfied after completing HoyHealth’s complaint system, Hoyhealth shall provide the appropriate state contact information. 

Changes to Terms

HoyHealth reserves the right, in its sole discretion, to change the Terms under which HoyHealth Sites or Mobile Applications are offered. The most current version of the Terms will supersede all previous versions. HoyHealth encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

HoyHealth welcomes your questions or comments regarding the Terms:

HoyHealth, LLC

45 South Park Place #228

Morristown, New Jersey 07960

Email Address:

info@hoyhealth.net

Telephone number:

1-866-504-5032

 

Effective as of June 22, 2018