PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE VIRTUAL CARE PLATFORM OFFERED BY ATLANTIC HEALTH SYSTEM, including its affiliate, Practice Associates Medical Group, P.A., d/b/a Atlantic Medical Group, (collectively "Atlantic Health,” “We,” “Our,” or “Us”). The Virtual Care Platform includes access to Atlantic Health PatientGPT, Our other AI Tools and Virtual Visits with a Provider (collectively, the "Virtual Care Platform”). BY ACCESSING THE VIRTUAL CARE PLATFORM, YOU ("User," "You" or "Yours") ARE ENTERING INTO A LEGAL AGREEMENT WITH ATLANTIC HEALTH REGARDING YOUR USE OF OUR VIRTUAL CARE PLATFORM AND YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, PLEASE DO NOT ACCESS OR OTHERWISE USE THE VIRTUAL CARE PLATFORM.
OUR VIRTUAL CARE PLATFORM TERMS OF USE HELP YOU UNDERSTAND WHAT YOU CAN DO ON OUR VIRTUAL CARE PLATFORM, AND INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. AS A CONDITION OF YOUR USE OF THE VIRTUAL CARE PLATFORM. YOU HEREBY REPRESENT AND WARRANT THAT (I) YOU POSSESS THE LEGAL AUTHORITY TO ENTER INTO THESE TERMS AND TO FORM A BINDING AGREEMENT UNDER ANY APPLICABLE LAW, (II) YOU AGREE TO USE THE VIRTUAL CARE PLATFORM IN ACCORDANCE WITH THESE TERMS, AND TO FULLY PERFORM YOUR OBLIGATIONS HEREUNDER; AND (III) YOUR ENTERING INTO THESE TERMS DOES NOT AND WILL NOT VIOLATE ANY OTHER AGREEMENT TO WHICH YOU ARE BOUND OR ANY LAW, RULE, REGULATION, ORDER OR JUDGMENT TO WHICH YOU ARE SUBJECT.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY PHONE NUMBER. THE SUICIDE HOTLINE IS 988 OR 800-273-8255 IF FACED WITH AN IMMEDIATE OR EMERGENT CRISIS. THERE ALSO MAY BE OTHER NATIONAL, REGIONAL, AND STATE RESOURCES AVAILABLE TO YOU.
The following definitions apply to this Agreement. Additional defined terms are indicated throughout.
“AI Tool(s)” means any artificial intelligence, generative artificial intelligence, machine learning, decision-support, or agentic AI technology made available through the Virtual Care Platform, whether now existing or later added, modified, renamed, or rebranded, including without limitation tools that support conversational interaction, intake, routing, symptom assessment, or care navigation.
“Applicable Laws” means all state and federal laws and regulations that apply to the Service.
“Assessments” means the AI Tools and any intake, routing, assessment tools or functions made available on the Virtual Visit Service, whether AI-enabled or otherwise, regardless of how any such tool is named, labeled, or branded within the Virtual Care Platform.
“Provider” means physicians and other health care providers that provide clinical services on Our behalf.
“Service” means Our Virtual Visit Service, AI Tools, Assessments, and other functionality provided by us, including integration of medical records, connection to Our affiliated pharmacy or other third-party pharmacy services, connection to other third party services (e.g. laboratory services) administrative and customer support, scheduling and payment, integration of your medical record information into the Service, and other services that we may add from time to time on Our Virtual Care Platform.
“Virtual Visit Service” means Our online interfaces, clinical services, and properties (including, websites, software) that allow you to interact with Providers for communication, consultations, assessments, and treatment.
This Agreement also hereby incorporates by this reference any additional terms and conditions posted by Atlantic Health including:
Data Privacy Policy Data Privacy Policy | Atlantic Health
SMS Terms of Use Short Message Service Terms of Use - Atlantic Health
Notice of Privacy Practices Notice of Privacy Practices | Atlantic Health
1. NO MEDICAL ADVICE. Excluding a Virtual Visit with a Provider, nothing on this Virtual Care Platform may be considered medical advice, diagnosis or treatment. All health and health-related information contained within this Virtual Care Platform is intended to be general in nature and should not be used as a substitute for a visit to a healthcare professional. The information You obtain from this Virtual Care Platform may be inappropriate for your own situation or might be misinterpreted. We assume no responsibility for how You use the information You obtain from this Virtual Care Platform. If You have an emergency, or think You need to speak to someone urgently, please do not rely on any communications provided to You through the Virtual Care Platform. Neither 2-way communication, email nor any other application available through this Virtual Care Platform is a substitute for appropriate and timely contact with your Provider. You should never change or stop any course of treatment prescribed by your Provider without first consulting her or him. Only your Provider can properly diagnose and treat your illness. Please note that while We strive to keep Our information up to date, information changes rapidly, and some information may be out of date.
2. ARTIFICIAL INTELLIGENCE. The Virtual Care Platform may utilize artificial intelligence ("AI"), generative artificial intelligence, machine learning technologies, automated decision-support tools, and agentic AI systems that may perform certain tasks, workflows, communications, scheduling activities, intake functions, care-navigation functions, administrative actions, population health activities, patient engagement activities, or other operational support functions on behalf of Atlantic Health and its affiliated providers. By using the Virtual Care Platform, You acknowledge and consent to the use of AI Tools as described in these Terms and understand that certain communications, information, workflows, and interactions may be generated, facilitated, supported, or automated by AI technologies rather than by a human individual. The use of this Virtual Care Platform, including the tools and features accessible through the Virtual Care Platform which may provide You with information regarding how doctors diagnosed and treated patients with similar symptoms based on information You submit, is provided to You for informational purposes only, should not be construed as specific instructions for individual users nor a substitute for professional clinical advice or treatment, and does not create a physician-patient relationship. Information on the Virtual Care Platform provided prior to a Virtual Visit with a Provider is not provided in the course of a professional relationship between a health care provider nor should it be considered a replacement for consultation with a health care professional. Any information, responses, recommendations, summaries, educational content, risk assessments, care-navigation suggestions, symptom assessments, or other outputs generated by AI Tools are informational only and should not be relied upon as the basis for medical decisions.
The Virtual Care Platform, including any AI Tool, chatbot, virtual assistant, messaging feature, care navigator, automated outreach tool, alert system, or communication functionality, is not monitored continuously, or routinely reviewed, escalated, or acted upon by healthcare personnel and is not intended to identify emergencies, crisis situations, urgent medical conditions, suicidal ideation, threats of self-harm, or other circumstances requiring immediate intervention.
AI Tools may interact directly with Users through 2-way communication, text, voice, messaging, questionnaires, educational content, reminders, scheduling interfaces, or other automated communications. Communications generated by AI Tools may occur without contemporaneous or post-hoc review by a human individual.
AI Tools are intended solely to assist Users and providers and to improve operational efficiency. AI Tools do not independently practice medicine, diagnose medical conditions, prescribe treatment, establish a provider-patient relationship, make medical determinations, or replace the professional judgment of licensed healthcare providers.
AI-generated content, recommendations, summaries, communications, transcriptions, educational materials, and other outputs may contain errors, omissions, inaccuracies, hallucinations, outdated information, or unintended content. Users should not rely on AI-generated information when making medical or other important decisions. It is possible that data You have provided while using the Virtual Care Platform is used for AI training and system improvement. AI conversations during Virtual Visits are summarized in the patient’s medical record. AI conversation with PatientGPT may be added to the medical record if the patient chooses to copy and paste the conversation into a message to his or her Provider, or the Provider adds to the medical record.
ATLANTIC HEALTH AND ITS PLATFORM LICENSOR MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS, RELIABILITY, OR TIMELINESS OF ANY AI TOOLS OR AI-GENERATED OUTPUT. Neither Atlantic Health nor its Platform Licensor represents or warrants that any AI-generated output is accurate, complete, reliable, available, secure, error-free, clinically appropriate, suitable for any particular purpose, or free from bias or unintended results. Users acknowledge that AI technologies are probabilistic in nature and may generate inaccurate, misleading, or inconsistent results. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF OR RELIANCE UPON ANY AI TOOLS OR AI-GENERATED OUTPUT.
To the fullest extent permitted by law, Atlantic Health reserves the right to modify, suspend, limit, replace, or discontinue any AI Tool or AI-enabled functionality at any time without notice or liability to You.
3. VIRTUAL CARE PLATFORM USE AND CONTENT. If You access or otherwise use the Virtual Care Platform, You represent You are at least the age of majority in Your jurisdiction. You agree to comply with all national, federal, state, and local laws, statutes, ordinances, regulations, directives, and agreements that apply to Your use of the Virtual Care Platform and Content. You further agree that You will not: (a) copy (except as expressly permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, underlying algorithms, model weights, training data, or system architecture of, modify, or create derivative works of the Virtual Care Platform (including any AI Tool) without Our express, prior, written consent; (b) use the Virtual Care Platform or Content for any political or commercial purpose; (c) engage in any activity in connection with the Virtual Care Platform or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Atlantic Health; (d) harvest any information from the Virtual Care Platform or Content; (e) infringe any intellectual property or other right of any third party; (f) interfere with the proper operation of the Virtual Care Platform or its security features; (g) use the Virtual Care Platform or Content in a manner that suggests an unauthorized association with Atlantic Health or any other party, or is beyond the scope of the limited license granted to You; or (h) otherwise violate these Terms. If You breach these restrictions, You may be subject to prosecution and damages. You are not permitted to use the Virtual Care Platform for any purpose other than as expressly permitted under these Terms. You acknowledge that Atlantic Health (or one of Our licensors) may audit Your use of the Virtual Care Platform. Without limiting the foregoing, You further agree that You will not, and will not attempt to: (i) manipulate, deceive, jailbreak, or engage in prompt-injection attacks (including indirect prompt injection through uploaded documents or submitted health information) designed to cause any AI Tool to override its guardrails, bypass clinical safety filters or safeguards, or otherwise behave outside its intended function; (ii) extract, reproduce, or systematically copy the proprietary response patterns, clinical logic, or outputs of any AI Tool for commercial or competitive purposes; (iii) use any automated tool, bot, script, or macro to interact with any AI Tool in a manner inconsistent with ordinary individual patient use, or conduct any denial-of-service attack, automated scraping, or other action that places an unreasonable or disproportionate load on any AI Tool or Our infrastructure; or (iv) use any AI Tool to process the health information of another person without that person’s explicit authorization and without proper proxy access established through Atlantic Health.
You may view, download copy or print any page from Our Virtual Care Platform for personal, non-commercial purposes if You do not remove, modify, or alter any copyright and proprietary rights notices that may be present. YOU MAY NOT USE THE VIRTUAL CARE PLATFORM or any materials, outputs, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the Virtual Care Platform (any of the foregoing, alone or in combination, and collectively, the “Content”) FOR ANY COMMERCIAL PURPOSE.
In using Our Virtual Care Platform, You further agree (i) not to create a browser or border environment, or graphical user interface around the Virtual Care Platform; (ii) not to interfere with or disrupt the operation of the Virtual Care Platform, or the servers or networks that host the Virtual Care Platform or make the materials available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks; (iii) not to interfere with or violate users' right to privacy or other rights, or harvest or collect personally identifiable information about users without their express consent, including using any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve, index and/or data-mine information; (iv) not to impersonate any person or entity or provide false personal information or business information, for the purpose of receiving the materials provided on this Virtual Care Platform or gaining unlawful access to it; (v) not to falsely state or otherwise misrepresent your affiliation with any person or entity, including without limitation, with Atlantic Health, or express or imply that Atlantic Health endorses or is in any way affiliated with You or any statement You make, or present any false information about this Virtual Care Platform; (vi) not to transmit or otherwise make available in connection with the materials or content on this Virtual Care Platform, any virus, “worm,” “Trojan horse,” “time bomb,” “web bug,” spyware, or any other computer code, file, or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and (vii) not to transmit any communications or content of any type that may infringe or violate any right of any party, or otherwise use this Virtual Care Platform for any illegal or unauthorized purpose.
Users are responsible for reviewing all information submitted through the Virtual Care Platform for accuracy and promptly notifying Atlantic Health of any inaccuracies, errors, changes in health status, or incorrect information generated or displayed by the Virtual Care Platform.
4. LIMITED LICENSE. Subject to Your strict compliance with these Terms, Atlantic Health grants You a non-exclusive, non-transferable, non-sublicensable, fully revocable limited license to use the Virtual Care Platform for Your personal, non-commercial use, including the purpose of performing those functions and tasks available to You as an end user of the Virtual Care Platform. All rights, title, and interest in and to the Virtual Care Platform are reserved by Atlantic Health and Our licensors, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. You must retain all copyright and other proprietary notices on downloaded or printed Content, and any such downloads or copies are subject to the terms and conditions of these Terms and shall remain the property of Atlantic Health and Our licensors and suppliers. The foregoing limited license (i) does not give You any ownership of, or any other intellectual property interest in, the Virtual Care Platform or any Content; and (ii) may be immediately suspended or terminated for any reason, in Atlantic Health's sole discretion, and without advance notice or liability. Your unauthorized use of the Virtual Care Platform or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in Your personal liability, including potential criminal liability.
5. USER ACCOUNTS/TEXT MESSAGING, NOTIFICATIONS, CALLS AND EMAILS.
a. Certain features and functionality of the Virtual Care Platform may require the creation of an Atlantic Health MyChart account by entering Your personal information and verifying your identity with a third-party identification vendor. The Terms of Use and Privacy Practices of Epic, Inc. will control when using the features and functionalities of MyChart.
b. As set forth in the Atlantic Health Privacy Policy, Atlantic Health may use the information provided by You to send You service-related notices by email, or any other contact form You may provide us with (including Your phone number for calls or text messages), and You agree to receive such notices. Atlantic Health is not responsible or liable for any loss, injury, or claim of any kind resulting from Your failure to receive or read these communications, or from Your failure to comply with any treatment recommendations contained in these communications.
c. By providing a telephone number, email address, or other contact information, You authorize Atlantic Health, its affiliates, contractors, service providers, and AI-enabled communication systems to contact You regarding care management, appointment scheduling, reminders, wellness initiatives, care coordination, population health activities, service notifications, account administration, and other healthcare-related purposes through calls, recorded messages, artificial voice technologies, text messages, secure messages, email, or other communication channels. Certain communications may be generated or facilitated by AI Tools.
d. You acknowledge and agree that Virtual Visits, telephone calls, video visits and other communications and interactions with the Virtual Care Platform, including sessions with AI Tools, may be recorded, transcribed, monitored, and/or retained by Atlantic Health and Our service providers for purposes including quality assurance, training, clinical documentation, compliance, and improvement of the Service. By using the Virtual Care Platform, You consent to such recording, transcription, and monitoring to the fullest extent permitted by applicable law, including any applicable state wiretapping, eavesdropping, or electronic communications privacy laws. If You do not consent to being recorded during a telephone call or a video visit with Us, please inform Us at the outset of the call or the visit, as applicable.
e. SMS Terms of Use shall apply.
6. SERVICE LOCATION. A Virtual Visit is only available when You are located within the State of New Jersey. Access to the Atlantic Health Virtual Care Platform is available from any location in the United States. We make no representation that Content or materials on Our Virtual Care Platform is appropriate or available for use in jurisdictions outside the United States. Access to Our Virtual Care Platform from jurisdictions where such access is illegal is prohibited. If You choose to access Our Virtual Care Platform from other jurisdictions other than New Jersey, You do so at your own initiative and are responsible for compliance with applicable local laws.
7. PRIVACY. We know that privacy is very important to You, and it is very important to Us as well. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communication be in writing. Personal data will be handled in accordance with Our Privacy Policy.
8. USER CONTENT. Our Virtual Care Platform may now or in the future permit the submission of various forms of content submitted by You and other users, such as blog posts, materials, statements, reviews, ratings, opinions, personal accounts, documents, images, graphics, logos, designs, videos, text files, audio files, and comments (collectively, “User Content”) and the hosting, sharing, downloading, publishing and/or republishing of such User Content. WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY USER CONTENT; HOWEVER, WE WILL HANDLE USER CONTENT IN ACCORDANCE WITH OUR PRIVACY POLICY.
You shall be solely responsible for your User Content, and the consequences of posting or publishing it. You agree that You will not post or publish any User Content that infringes or violates any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense or give rise to civil liability or violation of any applicable law. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with User Content. You acknowledge that Atlantic Health reserves the right to pre-screen User Content and We have the right (but not the obligation) in Our sole discretion to refuse, move, edit and/or remove User Content that is available on or through Our Virtual Care Platform.
9. OBJECTIONABLE MATERIAL. You acknowledge that in using Our Virtual Care Platform and accessing the Content and/or User Content, You may encounter material that You deem to be disturbing, offensive or objectionable. You agree to use Our Virtual Care Platform at your sole risk and that We shall have no liability to You for material that may be disturbing, objectionable or offensive to you. You further agree that You will not post or publish any User Content which may reasonably be interpreted as disturbing, objectionable, obscene, abusive, or offensive to other users of the Virtual Care Platform.
10. DISCLAIMERS; NO WARRANTIES FOR VIRTUAL CARE PLATFORM. We do not warrant or represent that (i) any Content or AI-generated output is accurate or complete; (ii) the Content or AI-generated output is up to date or current; (iii) We have any obligation to update the Content or AI Tools; (iv) the Content or AI Tools are free from technical inaccuracies or programming or typographical errors; (v) the Content or AI Tools are free from changes caused by a third party; (vi) your access to the Virtual Care Platform or AI Tools will be free from interruptions, errors, computer viruses or other harmful components; (vii) any information obtained in response to questions asked through the Virtual Care Platform or AI Tools is accurate or complete; and/or (viii) the Content or AI Tools are non-infringing of any third party’s intellectual property rights. When using Our Virtual Care Platform, information will be transmitted in such a way that may be beyond Our control. As such, We make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content, AI-generated output, or other information transmitted in connection with the use of Our Virtual Care Platform. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR VIRTUAL CARE PLATFORM AND AI TOOLS IS AT YOUR SOLE RISK. OUR VIRTUAL CARE PLATFORM, THE CONTENT, THE AI TOOLS, AI-GENERATED OUTPUTS, AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR VIRTUAL CARE PLATFORM, THE CONTENT, THE AI TOOLS, THE USER CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH OUR VIRTUAL CARE PLATFORM ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ON OR THROUGH OUR VIRTUAL CARE PLATFORM, OR THE SERVERS USED IN CONNECTION WITH OUR VIRTUAL CARE PLATFORM, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE OUR VIRTUAL CARE PLATFORM OR AI TOOLS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR OUR VIRTUAL CARE PLATFORM AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE OR AI TECHNOLOGY USED IN RUNNING OUR VIRTUAL CARE PLATFORM.
Your use of the Virtual Care Platform must be in accordance with any and all procedures, forms, formats, displays, and operating times which may be determined, specified, or modified by Atlantic Health in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for You to access or use the Virtual Care Platform or to receive any communications from Atlantic Health.
The Virtual Care Platform may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Atlantic Health, access to the Virtual Care Platform may be interrupted or suspended from time to time. Atlantic Health shall have the right at any time to change or discontinue any aspect or feature of the Virtual Care Platform, including, but not limited to, Content, availability, and equipment needed for access or use.
11. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Atlantic Health, its licensors, and Our respective partners, officers, directors, employees, service providers, clients/patients, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your violation of any right of a third party, including but not limited to any intellectual property, privacy or publicity right; and/or (iv) any damage or loss that your User Content caused to a third party. The obligations set forth in this paragraph will survive any termination or expiration of these Terms.
12. LIMITATION OF LIABILITY. IN NO EVENT WILL ATLANTIC HEALTH OR ITS PLATFORM LICENSOR, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE OUR VIRTUAL CARE PLATFORM, CONTENT, AI TOOLS, AI-GENERATED OUTPUTS, AND/OR USER CONTENT PROVIDED IN CONNECTION WITH OUR VIRTUAL CARE PLATFORM OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR VIRTUAL CARE PLATFORM, CONTENT, AI TOOLS, AND/OR ANY USER CONTENT PROVIDED THROUGH OUR VIRTUAL CARE PLATFORM. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE OUR VIRTUAL CARE PLATFORM OR AI TOOLS, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL, INACCURATE HEALTH INFORMATION, MISRELIANCE ON AI-GENERATED OUTPUT, OR LOST PROFITS. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions Our liability will be limited to the greatest extent permitted by applicable law. These Terms give You specific legal rights. You may also have other rights which vary from one jurisdiction to another. Without limiting the foregoing, neither Atlantic Health nor its Platform Licensor shall be liable for any claim, injury, loss, delay, treatment decision, failure to obtain treatment, incorrect recommendation, communication error, transcription error, data-entry error, scheduling error, software malfunction, AI-generated output, algorithmic determination, machine-learning model output, or automated action arising from or related to the use of any AI Tool associated with the Virtual Care Platform. NOTWITHSTANDING ANY PROVISION HEREIN, OUR AND OUR PLATFORM LICENSOR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE VIRTUAL CARE PLATFORM, AI TOOLS, OR THESE TERMS SHALL NOT EXCEED $100.
13. LICENSOR. The Virtual Care Platform is licensed to Us by K Health, Inc. ("K Health" or “Platform Licensor”). You acknowledge and agree that these Terms are entered into between You and Atlantic Health and that K Health is not a party to these Terms other than as a third-party beneficiary as described below. K Health will have no warranty obligations whatsoever to You with respect to the Virtual Care Platform and the Services and is not responsible for addressing any claims You may have relating to the Virtual Care Platform and the Services and shall have no liability to You arising from Your use of the Virtual Care Platform and the Services. With respect to the foregoing sentence and the indemnification, limitation of liability, and intellectual property provisions of these Terms, K Health is a third-party beneficiary, and You acknowledge and agree that K Health will have the right to enforce those provisions of these Terms as if it were a party hereto.
14. INTELLECTUAL PROPERTY. All Content of Our Virtual Care Platform, whether or not registered and/or protected by copyright, trademark, service mark, patent or other intellectual property right under applicable law, is intellectual property owned, controlled and/or licensed by us. Additionally, the selection, arrangement, compilation and presentation of all materials (including information that is publicly accessible on Our Virtual Care Platform), and the overall design of Our Virtual Care Platform, are the exclusive property of Atlantic Health. No portion of the Content, the User Content or other material on Our Virtual Care Platform may be reproduced in any form or by any means, except as provided herein, or as otherwise expressly authorized by us in writing.
We are the copyright owner or authorized licensee of, or are otherwise permitted to use all trademarks, service marks, and logos used and displayed on Our Virtual Care Platform. All trademarks and service marks of Atlantic Health that may be referred to on Our Virtual Care Platform are the property of Atlantic Health. Other parties’ trademarks and service marks that may be referred to on Our Virtual Care Platform are the property of their respective owners. Nothing on Our Virtual Care Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Atlantic Health’s trademarks, service marks, or copyrights without Our prior written permission. We aggressively enforce Our intellectual property rights. Neither the name of Atlantic Health, nor any of Our other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to Our Virtual Care Platform or otherwise, without Our prior, written permission.
15. COPYRIGHT COMPLAINTS. We own, protect and enforce copyright and other rights in Our own intellectual property, and respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), Atlantic Health is registered with the United States Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to Atlantic Health’s Executive Vice President, Legal Affairs & General Counsel, 475 South Street, P.O. Box 1905, Morristown, New Jersey 07962-1905, with the following information:
Identification of the material that You believe has been improperly copied, published or displayed. If You believe there is more than one instance of such improper use of materials on Our Virtual Care Platform, please include a list;
Information reasonably sufficient (e.g., identification by location or link) to permit Us to locate the material or activity that You believe infringed on your copyright and that is to be removed, or access to which is to be disabled;
Information that enables Atlantic Health to contact you, such as an address, telephone number and email address;
A statement that You believe in good faith that use of the material in the manner complained of is not allowed by the copyright owner, its agent, or the law;
A statement that the information in your notice is accurate, and under penalty of perjury, that You are given power to act on behalf of the copyright owner of the material that is allegedly infringed; and
A physical or electronic signature of a person permitted to act on behalf of the copyright owner.
If You fail to meet all of the requirements above, your DMCA notice may not be valid. Please also note that under Section 512(f) of the DMCA, any person who knowingly reports falsely that material or activity is infringing may be held legally responsible.
16. TERMINATION OF SERVICE. We may terminate your right to access all, or any portions of, Our Virtual Care Platform at any time, without notice, for any reason including but not limited to for conduct that We believe violates these Terms and/or is harmful to other users of Our Virtual Care Platform, to Us, to Our partners, to the contributors, to the business of Our Internet service provider, or to other information providers.
17. ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, You agree that We (and Our Platform Licensor, where applicable) may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
18. GOVERNING LAW AND JURISDICTION. You agree that all matters relating to your access to, or use of, this Virtual Care Platform shall be governed by the laws of New Jersey. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state courts in New Jersey and the United States District Court for the District of New Jersey, with respect to such matters and agree to waive Your right to a trial by jury. Dispute resolution shall be conducted as described herein.
19. EXPORT RESTRICTIONS. Any software and all underlying information and technology downloaded or viewed from any Virtual Care Platform or in connection with the services (collectively, the “Software or Technical Data”) by You may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774) and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of Our Virtual Care Platform, the Content, the User Content, and any of Our services, including, but not limited to, the Software or Technical Data. Except as authorized by law, You agree and warrant not to export or re-export the Software or Technical Data to any country, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
20. DISPUTE RESOLUTION/MANDATORY BINDING ARBITRATION/CLASS WAIVER.
Dispute Resolution. In the unlikely event that a disagreement arises between You and Atlantic Health, You must first contact us directly by calling us at XXX-XXX-Atlantic or by emailing XXXXXXXXXXXXXXXX.org so that We may work in good faith to find a mutually agreeable solution.
Mandatory Binding Arbitration. If the issue cannot be resolved as described above within sixty (60) days, You and Atlantic Health agree, to the fullest extent permitted by applicable law, to resolve any claim or controversy at law or in equity arising out of, relating to, or connected in any way with the Platform, AI Tools, these Terms, or any Additional Terms (collectively, a "Dispute") exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA"), unless We and You otherwise agree in writing. You agree that the term "Dispute" shall be given the broadest possible meaning.
The arbitration shall be administered by the AAA in accordance with its applicable Consumer Arbitration Rules (or other applicable AAA rules then in effect), except as modified by these Terms. The arbitration shall take place in New Jersey, unless the parties agree otherwise or the applicable AAA rules provide otherwise. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and the arbitrator shall apply the substantive law of the State of New Jersey, without regard to its conflict of laws principles.
The arbitrator shall have exclusive authority to resolve all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration provision, except as otherwise provided by applicable law. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Atlantic Health will pay all AAA filing, administration, and arbitrator fees to the extent required by the applicable AAA rules or applicable law. Otherwise, fees shall be allocated in accordance with the AAA rules. Notwithstanding the foregoing, the arbitrator may require You to reimburse Atlantic Health for such fees if the arbitrator determines that Your claim or demand for relief was frivolous or brought for an improper purpose.
If the parties have more than one Dispute between them, You and Atlantic Health agree to assert all such Disputes in a single arbitration proceeding to the extent permitted by applicable law and the AAA rules. Any Dispute that could have been asserted in such proceeding but is not shall be deemed waived.
Class and Collective Action Waiver. You and Atlantic Health explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of Atlantic Health. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in these Terms, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the entirety of this Dispute Resolution/Mandatory Binding Arbitration provision shall not apply, and the Dispute must be brought exclusively in a state or federal court in New Jersey. Accordingly, You and Atlantic Health consent to the exclusive personal jurisdiction and venue of such courts for such matters.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
21. SEVERABILITY; ENTIRE AGREEMENT; ASSIGNMENT. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. This is the entire agreement between Atlantic Health and any user of the Virtual Care Platform relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable, or sublicensable by You except with Atlantic Health's prior written consent.
22. WAIVER. The failure of Atlantic Health to enforce at any time the terms and conditions of these Terms, or the failure of Atlantic Health at any time to require Your performance of any of the terms and conditions of these Terms, will not be construed to be a present or future waiver of these Terms, nor in any way affect Atlantic Health's ability to enforce these Terms. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
23. INVESTIGATIONS; COOPERATION WITH LAW ENFORCEMENT. Atlantic Health reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Atlantic Health may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
24. CUSTOMER COMMENTS. By submitting comments, information or feedback to Us through email and/or Our Virtual Care Platform, You agree that the information submitted will be subject to Our Privacy Policy.
By accessing and using Our Virtual Care Platform, You consent to and agree to be bound by these Terms. If We decide to change these Terms or some part of them, We will make an effort to post those changes on this web page so that You will always be able to understand and agree to the terms and conditions governing your use of Our Virtual Care Platform. Your use of Our Virtual Care Platform, including, but not limited to, following the posting of any amendment of these Terms will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from You in the future. If You have additional questions or comments of any kind, or if You see anything on Our Virtual Care Platform that You think is inappropriate or that violates any of these Terms, please fill out the form on Our Contact Us webpage, or contact Us at the address or phone number listed below:
Atlantic Health Privacy Officer
Compliance and Internal Audit Department
465 South Street
Morristown, New Jersey 07962
Phone 973-660-3143
In addition, You may call 862-415-0509 with technical support questions or questions about the AI Tools or deletion of Your data from the Platform.
Last updated: July 29, 2026