1. Acceptance of Terms
By accessing or using this website (the “Site”), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree, you are prohibited from using or accessing the Site.
This Site represents the online presence of the practice or practices identified on this Site (collectively, the “Practice”), which may consist of one or more separate legal entities operating under shared branding.
These Terms apply to your use of the Site and any features or functionality made available by or through the Site, including without limitation any online appointment request, appointment scheduling, patient intake, calendar, messaging, review request, feedback, and related communication tools made available through or linked from the Site (collectively, the “Online Tools”). Separate terms, conditions, or policies of a third-party provider may apply only where a third-party-hosted service or tool is made available to you or where such separate terms, conditions, or policies are expressly presented to you.
2. Platform Ownership and License
This Site is powered in part by proprietary website technology, software configurations, design systems, layout structures, source code, deployment systems, structured data architecture, user interface components, and related intellectual property developed and owned by PatientUp, LLC (“PatientUp”), in addition to certain third-party and open-source technologies.
The Practice licenses the website platform from PatientUp. While the Site reflects the Practice’s branding, content, and services, the underlying theme, framework, technical implementation, deployment infrastructure, structured data architecture, and proprietary configurations remain the sole and exclusive property of PatientUp.
Nothing in these Terms transfers ownership of the underlying platform or any proprietary systems to any user, third party, or the Practice beyond the scope of the limited license granted.
Except for the limited access license expressly granted herein, no license or right to use any intellectual property of PatientUp is granted, whether by implication, estoppel, or otherwise.
3. Permitted Use
You are granted a limited, non-exclusive, non-transferable license to access and use the Site and Online Tools for personal, informational, and non-commercial purposes only.
You may not:
- Copy, reproduce, modify, distribute, or publicly display the Site’s design, layout, structure, or source code;
- Use automated systems, including bots, crawlers, scraping tools, or data extraction technologies, to extract content or structural data;
- Attempt to decompile, reverse engineer, analyze, disassemble, or replicate the Site’s software, architecture, or workflows;
- Mirror the Site or any portion of it on another server; or
- Use the Site, Online Tools, or related materials for commercial purposes unrelated to the Practice.
This license automatically terminates if you violate these Terms.
4. Intellectual Property
All Practice-specific content, including logos, branding, text, images, and service descriptions, is owned by the Practice or used with permission.
All platform components, including design systems, layout frameworks, UI components, structured data architecture, deployment systems, navigation flow, technical architecture, custom functionality, and proprietary configurations, are protected by copyright, trade dress, trademark, and other intellectual property laws and remain the exclusive property of PatientUp.
Unauthorized use, imitation, extraction, replication, reverse engineering, derivative development, or competitive cloning of the platform or its distinctive elements is prohibited and may result in civil or criminal penalties.
5. Injunctive and Equitable Relief
You acknowledge and agree that any unauthorized use, reproduction, reverse engineering, derivative development, competitive cloning, or misappropriation of the platform or PatientUp’s intellectual property would cause immediate and irreparable harm for which monetary damages alone would be inadequate.
Accordingly, PatientUp shall be entitled to seek injunctive relief, equitable relief, and any other remedies available at law or in equity, without the necessity of posting bond, in the event of any such unauthorized use or infringement.
6. Practice Content and Business Information
The Practice is solely responsible for the accuracy, completeness, and timeliness of all business information, office policies, service descriptions, pricing, and other Practice-related content presented on the Site.
PatientUp provides website and technology infrastructure only and does not provide clinical services, medical or dental advice, diagnosis, treatment, or legal or regulatory advice. PatientUp does not independently verify Practice-specific content.
The Practice is solely responsible for compliance with applicable healthcare privacy and regulatory requirements, including HIPAA where applicable.
7. Medical Disclaimer
The content on this Site is provided for general informational purposes only and does not constitute medical or dental advice. Always consult a qualified healthcare provider regarding diagnosis, treatment, or medical concerns.
Use of the Site or Online Tools does not create a provider-patient relationship. Any such relationship is formed only after the Practice’s separate clinical evaluation and acceptance procedures.
If you believe you are experiencing a medical emergency, call 911 immediately.
8. Third-Party Services
This Site may integrate with third-party services, including scheduling, practice management, communications, analytics, advertising, mapping, calendar, payment, hosting, and infrastructure providers.
Neither the Practice nor PatientUp is responsible for the availability, accuracy, security, policies, or practices of third-party services. When a third-party-hosted tool is made available through the Site, or when separate third-party terms are expressly presented to you, your use of that specific tool may also be subject to the applicable third-party terms, notices, and policies.
Review request links may direct you to third-party review platforms, such as Google, Facebook, Yelp, or other public review websites. Reviews submitted on those platforms are public and are governed by the applicable platform’s own terms, notices, and policies. Please do not include personal health information in public reviews.
This Site may also contain links to third-party websites. Use of third-party resources is at your own risk.
9. Online Tools
The Site may allow you to request, book, confirm, modify, reschedule, or cancel appointments through the Online Tools. By using the Online Tools, you represent that the information you submit is accurate, current, complete, and submitted with proper authority.
If you are scheduling on behalf of another individual, including a minor or dependent, you represent that you are legally authorized to do so and to provide the information submitted in connection with the appointment request or booking.
Certain Online Tools may be operated, hosted, or supported by third-party providers on behalf of the Practice. Where an Online Tool is third-party hosted, or where separate third-party terms, privacy notices, or policies are expressly presented to you in connection with that tool, those additional terms, notices, or policies may also apply to your use of that specific tool.
Appointment availability displayed through the Online Tools is informational only, may change without notice, and does not guarantee that a displayed time slot will remain available until the appointment is accepted and recorded by the Practice and its applicable systems.
The Practice reserves the right to decline, cancel, reschedule, or modify appointments, including where scheduling conflicts arise, records cannot be matched, additional information is required, the selected appointment type is not appropriate, insurance or patient status information is incomplete or inconsistent, or the Practice determines that a different scheduling workflow is required.
Use of the Online Tools does not guarantee treatment, establish eligibility for services, verify insurance coverage, or create a provider-patient relationship.
You understand that the Online Tools may collect information such as name, date of birth, sex, phone number, email address, ZIP code, appointment preferences, insurance information, and related scheduling details for scheduling, intake, operations, and related communications.
If you provide a telephone number or email address through the Online Tools, you agree that the Practice and its service providers may send you service-related communications, including confirmations, reminders, scheduling follow-ups, review requests, feedback requests, and operational messages, by call, text message, and email, subject to applicable law. Message and data rates may apply. Message frequency may vary. You may opt out of text messages by replying STOP, and obtain help by replying HELP, where available. Consent to service-related communications is not a condition of purchasing any goods or services.
Unless the Practice expressly agrees otherwise in writing, insurance information submitted through the Online Tools is collected for convenience only and does not constitute verification of eligibility, benefits, preauthorization, network status, or payment responsibility.
The Practice may use third-party service providers, software platforms, scheduling systems, communication vendors, and practice management systems in connection with the Online Tools. Neither the Practice nor PatientUp guarantees the uninterrupted availability, accuracy, or continued operation of the Online Tools or any supporting third-party systems.
You are responsible for reviewing submitted appointment details and for contacting the Practice promptly if you believe any information is inaccurate.
The Practice’s separate office policies, including cancellation, no-show, late-arrival, rescheduling, financial, and treatment policies, may also apply to appointments requested or booked through the Online Tools.
Where enabled by the Practice, the Online Tools may require you to provide a payment card or other payment method to reserve an appointment. You will be notified in the scheduling workflow if a card-on-file requirement applies.
If a cancellation, no-show, late-arrival, deposit, or other payment authorization is presented during booking, the applicable notice period, fee amount, fee cap, or other material payment terms will be shown in the scheduling workflow before you authorize the payment method. By accepting that authorization, you agree that the Practice may charge your saved payment method in accordance with the terms shown during booking and the Practice’s applicable office policies.
By providing a payment method through the Online Tools and accepting any presented authorization language, you authorize the Practice to store the payment method through its third-party payment processor and to charge it only in accordance with the Practice’s cancellation, no-show, late-arrival, deposit, payment, refund, or billing policies and any authorization you provide.
Full payment card numbers and security codes are collected, processed, and stored by the Practice’s payment processor, such as Stripe, and not by PatientUp. PatientUp provides scheduling technology but does not determine whether charges are made, does not act as the Practice’s billing agent, collections agency, merchant of record, payment processor, or healthcare provider, and is not responsible for the Practice’s billing decisions, refunds, disputes, chargebacks, or payment policies.
10. Privacy
Your use of the Site and Online Tools is also governed by the Practice’s Privacy Policy.
No method of transmission over the Internet or method of electronic storage is completely secure. While reasonable safeguards may be used, neither the Practice nor PatientUp can guarantee absolute security of information transmitted through the Site or Online Tools.
Except where the Site or Online Tools expressly request information needed for scheduling, intake, communications, or related operations, you agree not to submit sensitive personal or health information through the Site unless expressly requested by the Practice through a secure method.
Information submitted through the Online Tools may be processed by the Practice and its service providers for scheduling, intake, communications, analytics, operations, and related business purposes as described in the Privacy Policy and subject to applicable law.
Where payment method collection is enabled, limited payment-related information, such as payment processor identifiers, setup status, customer identifiers, payment method identifiers, appointment identifiers, or related transaction metadata, may be processed for scheduling, payment authorization, operations, recordkeeping, and support purposes. Full payment card numbers and security codes are handled by the payment processor and are not stored by PatientUp.
11. No Warranties
The Site, Online Tools, and all related materials are provided “as is” and without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
Neither the Practice nor PatientUp warrants that the Site, Online Tools, or related communications functionality will be uninterrupted, secure, or error-free.
12. Limitation of Liability
To the fullest extent permitted by law, the Practice, PatientUp, and their affiliates, partners, suppliers, and licensors shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or relating to the Site, Online Tools, related communications, third-party integrations, unavailable or changed appointment times, canceled or rescheduled appointments, errors or omissions in content, unauthorized access to data, business interruption, or loss of profits.
Because some jurisdictions do not allow certain limitations of liability, portions of this section may not apply to you.
13. Indemnification
You agree to defend, indemnify, and hold harmless the Practice, PatientUp, and their respective officers, directors, employees, contractors, and agents from and against any claims, damages, liabilities, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- Your use of the Site or Online Tools;
- Your violation of these Terms;
- Your infringement of any intellectual property or other rights of any person or entity; or
- Your misuse of any functionality, information, or communications provided on or through the Site or Online Tools.
14. Prohibited Conduct
You agree not to misuse the Site or Online Tools, submit false or unauthorized information, attempt to gain unauthorized access, interfere with security or functionality, introduce malicious code, or use the platform in any unlawful, fraudulent, abusive, or misleading manner.
PatientUp reserves the right to monitor use of the Site and Online Tools for the purpose of protecting and enforcing its intellectual property rights and platform integrity.
15. Modifications
PatientUp may modify, update, or improve the underlying platform technology, security, and performance from time to time. The Practice and PatientUp reserve the right to modify the Site, its features, content, or Online Tools at any time without prior notice.
16. No Agency Relationship
Nothing in these Terms creates any partnership, joint venture, employment, agency, or other relationship between PatientUp and any user of the Site.
17. Termination
Access to the Site or Online Tools may be restricted or terminated at any time for violations of these Terms or for technical, operational, or security reasons.
18. DMCA and Intellectual Property Concerns
PatientUp respects intellectual property rights and expects others to do the same. If you believe that any content, design element, structural component, or technical implementation of this Site or the Online Tools infringes your intellectual property rights, or if you become aware of unauthorized copying or replication of the platform, you may submit written notice to PatientUp at the following address:
PatientUp, LLC
211 W Wacker Dr Ste 120
Chicago, IL 60606
Email: [email protected]
19. Changes to Terms
The Practice and/or PatientUp may revise these Terms from time to time, with or without notice, unless notice is required by applicable law. Updates will be effective upon posting. Continued use of the Site or Online Tools constitutes acceptance of the updated Terms.
20. Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to the Site, the Online Tools, or their use shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict-of-law principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Cook County, Illinois, except where applicable law requires otherwise.
21. Force Majeure
Neither the Practice nor PatientUp shall be liable for delays or failures caused by events beyond their reasonable control, including acts of God, natural disasters, labor disputes, power or Internet outages, third-party service interruptions, cyberattacks, or governmental actions.
22. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
23. Entire Agreement
These Terms constitute the agreement between you and the Practice and PatientUp regarding your use of the Site and Online Tools, except that separate terms, conditions, and policies may apply to third-party services or tools where expressly indicated.
24. Contact
If you have questions about these Terms, please contact the Practice using the information provided on this Site.
