Legal
NewHopeSurgical.com Terms of Use
If you have a medical emergency, immediately call 911 or your doctor.
TIESENGA SURGICAL ASSOCIATES, S.C. ("NewHopeSurgical.com", "we", "us", or "our") owns and operates the website located at NewHopeSurgical.com and other affiliated mobile applications (collectively, the "Sites").
The Sites provide informational content, appointment scheduling, and other health services that enable members to provide health information and engage with medical professionals to obtain healthcare services via telecommunications or in-person appointments ("Services").
None of the content on the Sites should be considered medical advice or an endorsement, representation, or warranty that any particular treatment or medication is effective, safe, or appropriate for you. NewHopeSurgical.com provides a technology platform that connects you to a licensed medical professional. Only a licensed medical professional may provide medical advice, treatment, and medication. By using the services, you understand that you are not establishing a provider-patient relationship with NewHopeSurgical.com.
These Terms of Use describe your responsibilities and rights when using NewHopeSurgical.com Sites and services. "You" refers to the person using the Sites and services. Your access is subject to the privacy policy, these terms, and all applicable laws and regulations.
By entering, accessing, browsing, submitting information to, or otherwise using this Site, you acknowledge and agree to these terms and represent and warrant that you are eighteen (18) years old or older. If you do not agree or are younger than eighteen (18), do not use this Site.
In order to access services, you may be required to register an account or submit information to schedule an appointment or insurance verification by entering your full name, email address, password, and other personal and health information ("Member Information").
You must be at least 18 years old to create an account. You may not register or use the services if you are under the age of 18.
You agree to keep your Member Information truthful, accurate, complete, and current. You may not create more than one account, transfer your account, or share your account details, logins, or passwords with anyone else. It is your responsibility to keep your account safe and to log out when not in use.
You agree not to use anyone else's account, use falsified information, impersonate another individual, violate law, distribute viruses, malware, or harmful software, or reverse engineer, decompile, disassemble, or translate software or components of the Sites and services.
If you believe your password has been compromised, change it immediately. We reserve the right to suspend or terminate your account for any reason at any time.
When communicating with medical professionals, you agree to refrain from behavior or language deemed inappropriate and from contacting medical professionals for telehealth services outside of NewHopeSurgical.com Sites.
NewHopeSurgical.com takes security seriously and will take all necessary or reasonable action regarding the security of the Site and Member Information. We do not recommend using public computers or devices when accessing NewHopeSurgical.com.
NewHopeSurgical.com shall not be liable for liabilities or damages resulting from your use of the Sites, your use of Member Information, or your release of Member Information to a third party.
You expressly agree that use of the Sites or services is at your sole risk. The Sites and services are provided on an "as is" and "as available" basis.
NEWHOPESURGICAL.COM and its affiliates, related medical professional entities, officers, directors, parents, employees, subsidiaries, agents, members, partners, and licensors disclaim all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, operability, reliability, title, condition, timeliness, functionality, quiet enjoyment, availability, compatibility, accuracy of data, system integration, freedom from malware, spyware, or viruses, and delivery speed.
To the extent permitted under applicable law, NEWHOPESURGICAL.COM and its related parties shall not be liable for indirect, incidental, special, consequential, or exemplary damages, including loss of revenue, profits, goodwill, use, data, device damage, system failure, service interruption, bodily or personal injury, emotional distress, or any other losses arising out of or in connection with access to, use of, delay of, or inability to use the Sites or services.
This limitation applies regardless of whether damages are based on contract, tort, strict liability, negligence, statute, warranty, or otherwise, even if NEWHOPESURGICAL.COM or affiliated parties have been advised of the possibility of such damages or losses.
To the extent that applicable law does not allow disclaimer of implied warranties or limitation of liabilities, the scope and duration of such warranties and the extent of liability shall be the minimum permitted under applicable law.
You agree to indemnify, defend, and hold harmless NEWHOPESURGICAL.COM and its affiliates, including medical professional entities and their offices, as well as their officers, directors, parents, contractors, employees, affiliates, suppliers, subsidiaries, shareholders, servants, agents, members, partners, attorneys, accountants, and licensors, from and against claims, actions, third-party suits, damages, settlements, judgments, liabilities, injuries, obligations, risks, losses, and expenses, including reasonable attorneys' fees, litigation expenses, and accounting fees, arising from or alleged to arise from your violation of these terms.
Our provision of a link to any other site or location is for convenience and does not signify endorsement of that site, location, or content.
We will not be liable for any information, software, or links found at any other website, internet location, or information source, or for your use of such information.
NewHopeSurgical.com takes security seriously and complies with healthcare security and privacy law to safeguard your data stored on encrypted servers. Information that you provide to a medical professional is confidential except for legal exceptions described in the privacy policy.
By using the healthcare platform, we may send appointment reminders or certain communications via email, text message (SMS), phone calls, or push notifications. When using email and SMS, messages are considered non-confidential and non-secure, and data charges may apply.
These communications may include private information as well as health and appointment date and time information. If you wish to discontinue SMS communication, reply STOP to opt out.
NewHopeSurgical.com dedicates considerable effort to optimizing signal strength and compatibility but is not responsible for the internet or data bandwidth or signal of your mobile device.
Please read this section carefully because it requires you and NewHopeSurgical.com to resolve disputes through binding individual arbitration and limits the manner in which you can seek relief.
Governing Law: The Website is controlled and operated from the United States and these terms are governed by the laws of the State of Illinois without regard to conflicts of law principles.
Arbitration Agreement: You and NewHopeSurgical.com agree that claims and disputes relating to your use of the Website or arising out of these Terms shall be resolved by binding arbitration to the fullest extent permitted by applicable law, on an individual basis, except for disputes that may be resolved in small claims court or certain equitable relief matters.
Waiver of Jury Trial: If arbitration is contrary to applicable law, you and NewHopeSurgical.com waive any constitutional or statutory right to go to court and have a trial in front of a judge or jury.
No Class Arbitrations or Representative Actions: Claims and disputes must be arbitrated or litigated on an individual basis and not on a class basis. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.
Arbitration Rules: The Federal Arbitration Act governs this provision. Arbitrations will be initiated through the American Arbitration Association ("AAA") and governed by the AAA Consumer Arbitration Rules unless otherwise stated in these Terms.
No waiver of any term or condition shall be deemed a continuing waiver of that term or any other term, and failure to assert a right or provision shall not constitute a waiver.
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be limited to the minimum extent necessary so that the remaining provisions continue in full force and effect.
Neither these Terms nor any content or features of the online services create any partnership, joint venture, employment, or other agency relationship between NewHopeSurgical.com and you.
Without limiting any other rights and remedies, we reserve the right, in our sole discretion and without prior notice, to end your access to this website or block future access for any reason. You agree that violations of these terms may cause irreparable harm and that injunctive or equitable relief may be appropriate in addition to other remedies.
You may not assign or transfer these Terms of Use or your rights hereunder, in whole or in part, by operation of law or otherwise. Any attempted transfer in violation of this provision will be null and void. NewHopeSurgical.com may freely assign or transfer these Terms without restriction.
Except as expressly set forth in these Terms, the exercise by either party of any remedy under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Any rights not expressly granted are reserved.
You are responsible for and agree to pay all charges, fees, and billing amounts due to your account for requested services. By entering payment information and submitting a service request, you authorize NewHopeSurgical.com, its affiliates, or third-party payment processors to charge the total amount due and invoice your account without additional notice or consent. NewHopeSurgical.com has no obligation to provide services until full payment has been received and verified.
NewHopeSurgical.com reserves the right to make changes, modify, permanently or temporarily suspend, or discontinue the Sites or services or any portion thereof, with or without notice, and shall not be liable to you or any third party for such actions.
NewHopeSurgical.com is constantly evolving and reserves the right to make changes to the Terms of Use at any time without prior notice. Updated terms will be posted on the Sites.
Our mobile app and website may only be used on unmodified manufacturer-approved operating systems. Use of software on modified, jailbroken, custom ROM, or hacked operating systems may undermine the security features designed to protect healthcare data.
By using a modified operating system, you assume the risk of unauthorized disclosure of personal health information. Use of an unauthorized device or operating system is a material breach of these terms.
Certain names, logos, and other materials displayed on the Sites or in the Services may constitute trademarks, trade names, service marks, or logos ("Marks") of NewHopeSurgical.com or other entities. You are not authorized to use any such Marks without express written permission. Ownership of all such Marks and the goodwill associated with them remains with us or those other entities.
Information on the Site, including pricing, may contain typographical errors or other inaccuracies and may not be complete or current. NewHopeSurgical.com reserves the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice. NewHopeSurgical.com also reserves the right to refuse orders or services based on inaccurate or erroneous information on the Site.
NewHopeSurgical.com currently operates only in the state of Illinois.
You may terminate these Terms of Use at any time and for any reason by emailing [email protected] and discontinuing the use of Sites and services provided by NewHopeSurgical.com.
NewHopeSurgical.com may terminate or suspend rights granted by these Terms at any time and without prior notice. Termination also occurs automatically if you violate any provision of these Terms. Subject to applicable law, NewHopeSurgical.com reserves the right to maintain, destroy, or delete communications, data, and content provided to internal record databases in accordance with content management policies.
After termination, NewHopeSurgical.com will have no further obligation to provide services except to the extent required to provide access to health records or where treatment providers are required to provide continuing care under applicable legal, professional, and ethical obligations.
Upon termination, the following provisions will survive: Disclaimer of Warranties, Indemnification, Limitations of Liability, Dispute Resolution, No Waiver, Remedies, and Assignment.
NewHopeSurgical.com respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act applicable to internet service providers.
If you believe your copyright-protected work was posted on a NewHopeSurgical.com site without authorization, you should submit a DMCA notice to NewHopeSurgical.com's designated agent at [email protected].
This procedure is exclusively for notifying NewHopeSurgical.com that copyrighted material has been posted on a NewHopeSurgical.com site without authorization.
The submitted information must include: