Terms of Service

The following Terms of Service govern the relationship between you, the end user, and Kinstead, Inc. (the management services organization), Kinstead Provider Group, PA (the billing entity), and all independent practices affiliated with Kinstead Provider Group, PA (collectively, the “Affiliated Practices”) (“we,” “our,” “us,” or “Kinstead”).

1. Terms

It is our sincere hope that you love using us. We mean it when we say that it’s an honor to serve you and do the meaningful work that we do. This document contains important decisions that you need to bear in mind before making any decisions.

By accessing this website (which may be owned and operated by Kinstead, Inc., Kinstead Provider Group, PA, or any of the Affiliated Practices), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Kinstead’s website (alternatively, THE WEBSITE) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Kinstead’s website;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Kinstead at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Our Content; Limitation of Liability

The materials on Kinstead’swebsite are provided on an ‘as is’ basis. Kinstead makes no warranties, express or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Any figures, numbers or other testimonies found in the site should not be construed as promises that you will obtain similar results. While we strive to match you with the right provider, each treatment relationship is different, and not every match is a perfect fit. We do not warrant any particular health outcomes. Further, while we strive to provide a realistic interpretation of your health benefits, estimates on our site ought not be construed as advice or certainty of facts, and we are in no way liable for any incorrect estimations or interpretations, including but not limited to in and/or out of network coverage (for any and all medical services), benefit amount, reimbursement percentage, likelihood of reimbursement.

IN NO EVENT OR UNDER ANY CIRCUMSTANCE SHALL WE BE HELD LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF OUR SERVICES OR INABILITY TO USE OUR SERVICES. IN ALL CASES, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. IN ANY EVENT THE LIMIT OF OUR LIABILITY FOR ANY LOSS, DAMAGE, CLAIM, OR EXPENSE IS $100.

4. Data You Provide

When you submit information through Kinstead, you grant us permission to use this information for all purposes permitted under our Privacy Policy, including, without limitation, to match you to providers, coordinate your care across treating providers, and submit claims to relevant insurance companies and other transmitting intermediaries (insurance clearing houses, software services that may interface directly with insurance companies and/or clearing houses).

You are solely accountable for their legitimacy and accuracy, and are solely responsible for legal and financial repercussions of submitting fraudulent, illegitimate, or inaccurate information that you provide. Insurance fraud is a Federal crime.

In using our site, including for purposes of filing reimbursement claims and looking up benefits, you indemnify us against financial loss real or unrealized, liabilities, claims, demands and expenses, including attorney’s fees that may result from your use of our site. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own intentional misconduct.

5. Third-Party Content

Our website includes content provided by third parties. All such statements and opinions expressed by those third parties are solely their opinions, and thus we are not responsible or liable for their accuracy.

6. Links

Kinstead has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kinsteadof the site. Use of any such linked website is at the user’s own risk.

7. Modifications

Kinstead may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of New York and you irrevocably submit to the exclusive jurisdiction of the state or federal courts New York, New York.

9. Geographic Limitations

Kinstead is owned and operated within the United States, and the company intends its Content to be used by persons within the United States. We do not promote the use of the website outside the United States. Kinstead’s services are only for use in the state or states in which the providers listed on the site are licensed. If you see a provider through Kinstead, you represent that you are located in one of the states listed in the Provider’s Kinstead profile as a state where the provider is licensed.

10. SMS/Text Notifications

Kinstead Provider Group, P.A. offers a strictly informational and healthcare-related text messaging program. Messages may include account registration and notifications, appointment confirmations and reminders, notices concerning cancelled or rescheduled appointments, care coordination, intake or form reminders, insurance claim status, insurance and payment information, treatment-related notifications, and responses to support requests. The program does not include marketing or promotional messages.

You may opt in either by: (1) providing verbal consent during a telephone call, which is documented in the electronic health record; or (2) selecting an optional, unchecked SMS consent checkbox in an intake form. We record the consent method, applicable disclosure or script, mobile telephone number, date and time, and staff member or source. Consent to receive text messages is voluntary and is not a condition of receiving treatment, purchasing a service, or obtaining care.

Message frequency varies based on your appointments, care needs, and interactions with us. Message and data rates may apply. Reply STOP to opt out at any time. After you opt out, you may receive one final confirmation message, and no additional text messages will be sent unless you opt in again. Reply HELP for assistance, call (646) 494-4425, or email support@kinsteadhealth.com. If supported, you may reply START to opt in again after previously opting out.

Mobile carriers are not liable for delayed or undelivered messages. Mobile information, including phone numbers and SMS opt-in data and consent, will not be sold, rented, or shared with third parties or affiliates for their own marketing or promotional purposes. We may disclose mobile information to telecommunications carriers, messaging providers, and other service providers only as necessary to deliver and support requested messages, maintain consent and opt-out records, prevent fraud or abuse, or comply with law. Please review our Privacy Policy for additional information.

11. SMS/Text Marketing Messages

The current Kinstead Provider Group, P.A. SMS program described in Section 10 is strictly informational and healthcare-related. It does not send marketing or promotional text messages, provider promotions, special offers, discounts, newsletters, or third-party advertising.

If Kinstead Provider Group, P.A. creates a marketing text messaging program in the future, it will be separate from the current informational healthcare program. Marketing messages will be sent only after obtaining any express written consent required by applicable law through a disclosure and opt-in process specific to that marketing program. Consent to marketing messages will not be a condition of receiving treatment, purchasing a service, or obtaining care. Any future marketing program will include applicable message-frequency and rate disclosures, STOP and HELP instructions, and links to the then-current Privacy Policy and terms.