Insurance Reimbursement Authorization
Zest Dermatology is a forward-thinking company that leverages technology to provide you with personalized, supportive care for skin health and dermatological needs.
Below is a plain English summary of our official Terms of Use. This summary is provided to help you understand if Zest Dermatology is the right choice for your dermatological care needs. Please note, this summary is not legally binding. Our official Terms of Use, which form a binding contract upon acceptance, are detailed under the "Terms of Use" section below.
Healthcare services through Zest Dermatology are delivered by independent, licensed professionals from Citrus Dermatology Services of MD, P.C. ("Citrus"), an independent physician-owned medical group. To ensure we match you with a licensed provider in your state, it's crucial you accurately identify your location before beginning a virtual visit. For more details on telehealth, please refer to our Informed Consent document.
The medical professionals you engage with can address many of your dermatological needs, though Zest Dermatology should not be used for medical emergencies. If you encounter a medical emergency, dial "911" immediately.
We value your privacy. For more information on our privacy practices, please review our Privacy Policy.
We may send you important notifications via email, push, SMS, or phone, such as lab results, progress updates, and inbox messages. While you can opt-out in your account settings, doing so may mean missing out on useful information and reminders about your treatment progress.
Should you have a dispute that our team cannot resolve, most disputes will be addressed through binding arbitration on an individual basis, rather than in a class action. Arbitration is a quicker alternative to court proceedings, where a professional arbitrator will resolve our dispute. Additionally, our liability is limited under all circumstances as detailed in the Terms of Use.
Please note, Zest Dermatology is not an insurance provider. Your subscription fees and/or any authorized reimbursements, co-payments, co-insurance, and/or deductibles cover the cost of remote consultations with Citrus providers via our platform and do not cover external diagnostic tests, prescriptions, or referred specialty care.
We're excited to have you with us at Zest Dermatology!
The Site is not intended for use in the event of an emergency or other urgent situations. If you believe you may have a medical emergency, call 911 immediately.
Zest Dermatology, Inc. (“Zest Dermatology”, “Zest”, “we,” “our” or “us”) owns and operates the website www.joinzest.com and the Zest web application (collectively, the “Site”). We facilitate access to online clinical telehealth services from and communications with independent licensed healthcare professionals (the “Providers”) to patients through the Site (collectively, the “Services”). Please read these Terms of Use (the “Terms”) carefully before using the Services. By accessing and using our Site, you are agreeing to these legally binding Terms of Use, including the mandatory arbitration provision in Section 17. If you do not agree to be bound by these terms, you may not access or use the Site or the Services.
1. Healthcare Services
Zest Dermatology provides an online platform for communication between patients and independent healthcare providers ("Providers") from Citrus Dermatology Services of MD, P.C. ("Citrus"). We facilitate these communications via our website and mobile applications (collectively, the "Site"), supporting both synchronous and asynchronous telehealth services.
Zest Dermatology itself does not offer medical advice or care. We contract with Citrus, a separate physician-owned medical group that employs a network of Providers offering clinical telehealth services. These Providers, not Zest Dermatology, are responsible for the care they provide. Zest Dermatology, nor any third parties who promote our Site or services, shall be liable for advice or care received from a Provider via our platform.
2. Risks of Telehealth Services
By using our Services, you acknowledge potential risks associated with telehealth, such as insufficient transmission of information, possible delays, or privacy breaches despite our robust security measures. By accepting these Terms, you consent to telehealth services, acknowledging these risks. Our Informed Consent document, incorporated here by reference, provides further details. You acknowledge that your reliance on any Providers or information delivered by the Providers via the Site or Services is solely at your own risk and you assume full responsibility for all associated risks.
The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Zest Dermatology. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. While Zest Dermatology facilitates your selection of, and communications with, Providers, Zest Dermatology does not provide medical services, and the doctor-patient relationship is between you and your Citrus Provider. The services and information provided by Zest Dermatology, are intended to be for general information purposes only.
3. Not an Insurance Product
Zest Dermatology and Citrus are not insurance providers. The services offered are not insurance products, and your payments do not constitute insurance premiums. If you require insurance coverage, it must be obtained separately.
4. Availability of Services
Our services are subject to state and federal laws and may not be available in all states. By using our Site, you confirm you are located in a state where our services are offered and are legally allowed to receive these services. You represent that you are not a person barred from enrolling for and/or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or the Services is limited exclusively to users located in States within the United States where the Services are available. Services are not available to users located outside the United States.
5. Privacy Practices
Our Privacy Policy details how we handle your personal information. By accessing or using Site or Services, you agree that information provided by you in connection with the Services and Site will be governed by the Privacy Policy, and further that information provided by you in connection with the Services will also be governed by Citrus’s Notice of Privacy Practices.
6. User Accounts; Security
You agree to fully, accurately, and truthfully create your Zest Dermatology Account (“Account”), including but not limited to your legal name, mailing address, phone number, email address, and password.
Your Account and password are personal to you, and you are responsible for maintaining the confidentiality of your Account password, and for all activities that occur under your Account. You may not transfer or share your Account password, and agree to prohibit anyone else from using your Zest Dermatology Account. Zest Dermatology reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account, including the right to revoke your access to the Site with or without cause. Under no circumstances shall Zest Dermatology be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site or your release of your Account or Account password to a third party.
7. Eligibility
The Site and Services are intended for users who are at least 18 years old. Individuals under 18 are not permitted to use our Site or Services. By using our Site, you represent that you meet the age requirement and are a resident of the United States, located in a state where our Services are available.
Specifically, to be eligible to use the Site, you must at least meet the following criteria and, by agreeing to these Terms, represent and warrant that you: (a) are at least 18 years of age or older; (b) are a legal resident of the United States and located in a State where the Services are available; (c) have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site; (d) will only maintain one Account at any given time; and (e) have full power and legal authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party, and will comply with these Terms at all times.
8. Access and Use
Upon agreeing to these Terms and paying any applicable fees, Zest Dermatology grants you a limited, non-transferable license to use our Site and Services for personal, non-commercial purposes. You agree not to misuse the Site or Services, including but not limited to, engaging in illegal activities, infringing on intellectual property, or attempting to breach our Site's security.
You agree not to (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) impersonate or misrepresent your identity or falsely state or misrepresent your current location, medical history, information about your medical condition, or your affiliation with a person or entity; (iii) promote, encourage, or engage in defamatory, abusive, libelous, obscene, threatening, or otherwise objectionable behavior; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (iv) use robots or scripts with the Site; (v) distribute viruses or other harmful computer code through the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) harvest or collect PHI about any other individual who uses the Site or the Services; (ix) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties; or (x) otherwise use the Services or Site in any manner that exceeds the scope of use granted above.
Zest Dermatology reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Violations of system or network security may result in civil or criminal liability. Zest Dermatology will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
9. Feedback and Testimonials
If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you. Any such feedback will be our property that we can use, including for commercial purposes, at our discretion without having to credit you. Zest Dermatology will never publish your name or other identifying information in connection with any testimonial unless you have given us your prior approval. Zest Dermatology may republish any publicly available review, comment, or testimonial about Zest Dermatology or the Site on its websites or in other media.
10. Communication Preferences
By creating an Account, you consent to receive electronic communications from Zest Dermatology (e.g., via email, SMS, chat messages, or by posting notices to the Site). These communications may include notices about your Account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We also may send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving promotional emails at any time by following the unsubscribe instructions provided in the email.
By providing your phone number to us through the Site, you consent to be contacted by or on behalf of Zest Dermatology and Citrus at the number you have provided, including calls and/or text messages regarding the Services. Message and data rates may apply. You can opt-out of any further text messages by replying “STOP” or by emailing us at membersupport@joinzest.com.
ATTENTION: Email and text messages are not secure methods of communication and we cannot ensure the security or confidentiality of messages sent by email and/or text message. Information, including personal health information, transmitted by email or text message is not encrypted and could be read by a third party. If you would prefer not to exchange personal health information via email or text message, please notify us at membersupport@joinzest.com.
11. Terms of Sale
Purchases and transactions on the Site are governed by these Terms of Sale. Zest Dermatology may offer subscription services or other products for sale. Your purchases on the Site, not covered by insurance, are payable directly to Zest Dermatology.
11.1 Payments and Subscriptions
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (each, a “Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Transaction. If you want to change or update your payment method information, you can do so at any time by logging into your account.
If applicable, you agree to pay all fees or charges to your account based on Zest Dermatology's fees, charges, and billing terms in effect as detailed in your Billing screen. This includes, when applicable, responsibility for co-payments, co-insurance, and deductibles required by your insurance plan for in-network services or any applicable subscription fees for out-of-network membership.
If you do not pay on time or if Zest Dermatology cannot charge your credit card or other payment method for any reason, we reserve the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that Zest Dermatology is permitted to bill you for the applicable fees, any applicable tax, and any other charges you may incur in connection with your use of this Site. This includes a late cancellation fee of $40 for any missed or changed appointment with less than 24 hours' notice.
These fees, along with any applicable co-payments, co-insurance, and deductibles, or subscription fees, will be billed to your credit card or other payment method designated on your initial registration with this Site, and thereafter at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Zest Dermatology may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
11.2. Continuous Subscription; Cancellation Policy
When you register for a subscription (“Subscription”), you expressly acknowledge and agree that (a) Zest Dermatology (or our third-party payment processor) is authorized to charge you on an annual or monthly basis, as applicable, for your Subscription (in addition to any applicable taxes and other charges) for as long as your Subscription continues, and (b) your Subscription is continuous until you cancel it or we suspend or stop providing access to the Site in accordance with these terms. You may cancel your Subscription at any time by going to your Account settings section in the Zest Dermatology web app.
11.3. Free or Discounted Trials
From time to time, to the extent legally permitted, we may offer free or discounted trials of certain Subscriptions for specified periods of time without payment. If we offer you a free or discounted trial, the specific terms of your trial will be provided in the marketing materials describing the particular trial or at registration. Free and discounted trials are limited to one (1) per person.
Once your free or discounted trial ends, we (or our third-party payment processor) will begin billing your designated payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges) for as long as your Subscription continues, unless you cancel your Subscription prior to the end of your free or discounted trial. Instructions for canceling your Subscription are described above. Please note that you may not receive a notice from us that your free or discounted trial has ended or that the paid portion of your Subscription has begun. We reserve the right to modify or terminate free and discounted trials at any time, without notice and in our sole discretion.
11.4. Pricing and Availability
All prices on our Site are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria as we may establish from time to time. We will not, however, be able to notify you of changes in any applicable taxes.
All of our services are subject to availability, and we reserve the right to impose quantity limits on any Transaction, to reject all or part of a Transaction, and to discontinue offering certain services without prior notice.
11.5. Customer Service
If you have any questions or concerns relating to your order, please contact us at membersupport@joinzest.com.
12. Proprietary Rights
Zest and Zest Dermatology is a trademark of Zest Dermatology, Inc., in the United States of America. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Us. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
13. Intellectual Property
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are the property of Zest Dermatology, the Citrus, or its licensors or suppliers, as applicable, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, create derivative works of, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Zest Dermatology trademarks, service marks, and logos are strictly prohibited without the prior written permission of Zest Dermatology.
We respect copyright law and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the Services that are reported to us, provided they meet the criteria below.
We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.
(a) DMCA Notifications for intellectual property infringement.
If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Our designated agent the following information:
Our agent for notice of claims of copyright or trademark infringement on this Site can be reached at 2730 Sand Hill Road, Suite #120, Menlo Park, CA, United States.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
(b) Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Our designated agent that includes all of the following information:
(c) Termination of Repeat Infringers
We reserve the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
14. Disclaimer of Warranties
Your use of this Site is at your own risk. Materials and Submissions have not been verified or authenticated in whole or in part by Us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy of timeliness of the Materials or Submissions contained on this Site. We have no liability for any errors or omissions in the Materials, whether provided by Us, our licensors or suppliers or other users.
WE, FOR OURSELF AND OUR LICENSORS, MAKE NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
15. Links to Other Sites
This Site may be linked to other web sites that are not Our sites (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Ours, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. We are providing links to the Third-Party Sites to you as a convenience, and We do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Our endorsement or recommendation.
16. Limitation of Liability Regarding Use of Site
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
ZEST DERMATOLOGY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE CITRUS OR THE PROVIDERS. ZEST DERMATOLOGY AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF ZEST DERMATOLOGY TO YOU WITH RESPECT TO YOUR ACCESS OR USE OF THIS SITE OR ANY CONTENT OR MATERIALS THEREIN SHALL NOT EXCEED THE GREATER OF (I) THE FEES YOU PAID TO ZEST DERMATOLOGY IN THE THREE (3) MONTHS PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE, OR (II) $100 (ONE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
17. Legal disputes
These Terms will be subject to and construed in accordance with the laws of the State of Oregon, United States of America excluding its rules regarding conflicts of law. Foreign laws do not apply. You agree that any claim or dispute you may have against Us must be resolved exclusively by a state or federal court located in the State of Oregon, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in Portland, Oregon for the purpose of litigating all such claims or disputes.
17.1. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Zest Dermatology agree (a) to waive your and Zest Dermatology’s respective rights to have any and all disputes arising from or related to these Terms, or the Site, resolved in a court, and (b) to waive your and Zest Dermatology’s respective rights to a jury trial. Instead, you and Zest Dermatology agree to arbitrate disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court).
For any claim (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that We may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event We elect arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (“ADR”) provider chosen by Us. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.
17.2. No Class Arbitrations, Class Actions or Representative Actions
You and Zest Dermatology agree that any Dispute arising out of or related to these Terms or the Site is personal to you and Zest Dermatology and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Zest Dermatology agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Zest Dermatology agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
17.3. Federal Arbitration Act
You and Zest Dermatology agree that these Terms affect interstate commerce and that the enforceability of this Section 17 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
18. Application Support
All questions and requests relating to Site support must be directed to Zest Dermatology. To submit a support request, please email us at membersupport@joinzest.com. Zest Dermatology will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.
19. International Users
Use of the Site is intended solely for residents of the United States. The Site may contain content, services, or information otherwise not accessible or valid in your country. Access to the Site from outside the United States is at your own risk, and Zest Dermatology does not take responsibility for your use of the Site. Any offer for any product or service made on the Site is void where prohibited by law.
20. Assignment
You may not assign, transfer, or delegate the Terms of Use or any part thereof without Zest Dermatology’s prior written consent. Zest Dermatology may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
21. Right to Modify Terms of Use
Zest Dermatology may change, add, or delete portions of these Terms at any time on a going-forward basis. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the “Last Modified” date at the beginning of these Terms. Continued use of the Site and/or Services following such notice will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms, including such changes. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such term will be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect. These Terms constitute the entire agreement between Zest Dermatology and you pertaining to the subject matter hereof.
This Privacy Policy describes how Zest Dermatology, Inc. (“Zest”, “We”, “Us”) collects and uses Personal Data and Health Information about you through the use of our Website and through email, text, and other electronic communications between you and Zest.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Digital Services. By accessing or using our Digital Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of our Digital Services after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.
The safety and security of your information also depends on you. Where you have chosen a password for the use of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we work diligently to try and protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or in your operating system.
Our Digital Services are not intended for children under the age of 18 and children under the age of 18 are not permitted to use our Digital Services. We will remove any information about a child under the age of 18 if we become aware of it.
Our Digital Services are not intended for children under 18 years of age. No one under age 18 may provide any information to or through the Digital Services. We do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information on or in our Digital Services or on or through any of their features, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 18, please contact us at membersupport@joinzest.com.
We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our others users’ information. This includes information that we collect directly from you or through automated collection technologies.
We collect several types of information from and about users of our Digital Services, specifically information:
We collect this information:
We use your Personal Data for various purposes described below, including to:
We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. We disclose your Personal Data to a few third parties, including:
We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose Personal Data that we collect or you provide as described in this privacy policy:
We may also disclose your Personal Data:
You may contact us to access or change your Personal Data. You may also notify us through of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible or to delete your account. We cannot delete your personal information except by also deleting your account with us. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
When it comes to your Health Information, you have certain rights. This section explains your rights and some of our responsibilities to help you.
Get an electronic or paper copy of your medical record
Ask us to correct your medical record
Request confidential communications
Ask us to limit what we use or share
Get a list of those with whom we’ve shared information
Get a copy of this privacy notice
Choose someone to act for you
File a complaint if you feel your rights are violated
For certain Health Information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.
In these cases, you have both the right and choice to tell us to:
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
In these cases we never share your Health Information unless you give us written permission:
We typically use or share your Health Information in the following ways.
Treat you
Run our organization
Bill for your services
We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.
We can share Health Information about you for certain situations such as:
We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
We are required by law to maintain the privacy and security of your protected Health Information.
We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
We must follow the duties and privacy practices described in this notice and give you a copy of it.
We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/noticepp.html.
Under some circumstances, California law may provide you with the right to obtain a list of third parties (if any) that we provide your Personal Data to for their own direct marketing purposes.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Digital Services that are California residents and who provide Personal Data in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Data to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Data and the names and addresses of those businesses with which we shared your Personal Data with for the immediately prior calendar year (e.g. requests made in 2021 will receive information regarding such activities in 2020). You may request this information once per calendar year. To make such a request, please contact us using the contact Information below.
We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request and on our website.
You can contact us at 2730 Sand Hill Road, Suite #120, Menlo Park, CA, United States or by emailing membersupport@joinzest.com
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
This Notice of Privacy Practices (the "Notice") describes how Citrus Dermatology Services of MD, P.C. ("Citrus") may use and disclose your protected health information to carry out treatment, payment, or business operations and for other purposes that are permitted or required by law. We are committed to protecting your privacy and ensuring the confidentiality of your protected health information. "Protected health information" or "PHI" is information about you, including demographic information, that may identify you and that relates to your past, present, or future physical health or condition, treatment, or payment for healthcare services. This Notice also describes your rights to access and control your protected health information.
Your protected health information may be used and disclosed by our healthcare providers, our staff, and others outside of our office that are involved in your care and treatment for the purpose of providing healthcare services to you, to support our business operations, to obtain payment for your care, and any other use authorized or required by law.
We will use and disclose your protected health information to provide, coordinate, or manage your healthcare and any related services. This includes coordination or management of your health care with a third party, such as referrals to other healthcare providers.
Your protected health information may be used to bill or obtain payment for your healthcare services, including activities that your health insurance plan may undertake before it approves or pays for the healthcare services.
We may use or disclose your protected health information, as needed, to support the business activities of Citrus. These activities include quality improvement, providing treatment alternatives, and conducting audits, among others.
Uses And Disclosures That Do Not Require Your Authorization:
Certain uses and disclosures will be made without your authorization for law compliance, public health purposes, health oversight, abuse reporting, and other scenarios as allowed or required by law.
Uses And Disclosures That Require Your Authorization:
Other uses and disclosures not described in this notice will be made only with your written authorization, which you may revoke at any time, except to the extent that action has been taken in reliance on it.
Your Rights With Respect To Your Protected Health Information:
We reserve the right to change this notice and to make the new notice provisions effective for all PHI that we maintain. The current notice will be posted on our website and available upon request.
If you believe your privacy rights have been violated, you may file a complaint with us or with the Secretary of the Department of Health and Human Services. We will not retaliate against you for filing a complaint.
For more information about our privacy practices, or for additional copies of this notice, please contact us at the provided contact details, requesting to speak with our HIPAA Privacy Officer.
Accessing healthcare can sometimes be cumbersome, involving travel and significant time commitments. Zest Dermatology offers you a new way to connect with a health care provider. Instead of going to an office, you can get health care services through electronic communications – like using your phone, tablet or computer. We call this “telehealth”. In this form, we will call your telehealth care provider your “Treating Provider”.
Before you agree to interact with your Treating Provider on a Zest Dermatology telehealth platform, we want to make sure you understand how telehealth works, and the pros and cons. This consent form explains those things and provides other important information. Please read it carefully and check the associated box to confirm you understand and accept the following terms.
You will have the opportunity to pick the Treating Provider that you want. Or, you can ask us to pick someone. Your Treating Provider’s license, experience and credentials are available to you and you can always ask questions if you need help. Your Treating Provider is part of a health care services company including Citrus Dermatology Services of MD, P.C. ("Citrus") and the professional medical groups which render services to me within the Citrus network (collectively, the "Group"). Zest Dermatology is not a health care provider – Zest Dermatology helps you and your Treating Provider by providing the telehealth technology for visits and doing things like scheduling and billing.
You will not be in the same room as your Treating Provider. You might not even be in the same state. This means information is shared back and forth using technology. Your Treating Provider may use all of the following ways to connect with you, share information, and help you with a care plan.
You may connect with your Treating Provider in “real time” through your phone, tablet, or computer. You may just hear each other’s voices, or see and hear each other on video.
You may send and receive messages to and from your Treating Provider. This may be text, e-mail, voicemail, online chatting, or even regular mail. The messages may include text, pictures, audio messages, or video messages.
Your Treating Provider may ask other health care providers for advice. That means your Treating Provider may send your information to other health care providers – including providers who are not in your state.
You can use the online system to schedule a time to meet with your Treating Provider. Also, if you have a device, like a heart monitor, that device can send information.
Your Treating Provider may help you manage your medications by sending a prescription, giving you a reminder, or offering information about your medicines.
You can access information about your care plan, including things like test results. Your Treating Provider can also give you educational information so you can learn more.
The types of information you will share with your Treating Provider through telehealth is a lot like the information you give a doctor who you see in person. You may be asked to provide things like your: medical history, social history and habits, current medications, test results, imaging results (like x-rays), past medical records, descriptions of your problems and symptoms, or pictures of you.
Your Treating Provider needs correct information about you in order to assess you, understand your concerns, consult with other providers, make recommendations for your care, and educate you about your health. You can log in and update your information any time. By signing at the end of this form, you agree that your Treating Provider and Zest Dermatology can get copies of your medical records from your other health care providers.
Your Treating Provider will help set up a care plan that focuses on you and explain the Treating Providers findings, diagnosis, treatment recommendations, pros and cons of treatment recommendations, and alternative treatments. Just like when you see a doctor in person, your Treating Provider cannot promise you that you will get better. But, your Treating Provider will meet the “standard of care” and follow the same laws that in-person health care providers follow. This means that your Treating Provider will do things in the same way an in-person provider would.
If it is necessary for you to see someone in person or meet with a specialist, your Treating Provider will let you know. Sometimes this is called a “referral”. Your Treating Provider will use telehealth to help you ONLY when the Treating Provider thinks it is okay. If you need to see someone in-person, your Treating Provider will not agree to treat you through telehealth.
Just like when you see an in-person doctor, there is no guarantee that your treating Provider will send you a prescription. This will only happen if your Treating Provider thinks you need a prescription medication. You can decide to fill your prescription at any pharmacy you think is best for you.
The biggest difference between in-person visits and telehealth is that there is no physical touching. Telehealth is terrific for certain questions and problems – but you still need a doctor that you can see in person. Your primary care physician is responsible for taking care of your overall health and well-being. Your Treating Providers will help supplement that care. If you do not have a primary care physician, we strongly encourage you to locate one near you. Your Treating Provider will let you know when you should see someone in person.
Your privacy is very important to us. Federal and state laws require health care providers to protect the privacy and the security of health information. Your Treating Provider will take steps to make sure that your identifiable health information is not seen by anyone who should not see it. The network and software system we use to store your personal health information meets the requirements of federal laws (like HIPAA) and state laws. Our system has a privacy and security plan to protect your privacy and prevent your information from being lost or corrupted. We will not use or disclose your information without asking you first, unless there is a state or federal law that allows us to do that. If you have any questions about how we protect your information, please contact us.
There are many ways that telehealth services are helpful to you and the health care providers who care about you. You can stay at home and still get the help you need. Even if you do not live near a specialist, you can still access care. You do not have to make an appointment just to share information, or get advice from your Treating Provider – you can quickly connect through telehealth. Also, it is much easier for health care providers to share information with each other – and with you.
People sometimes worry about computer networks being “hacked” and someone stealing their personal information. Or, information could get sent out to the wrong place, or get lost or corrupted. Your health information needs to be safe. We have a whole section about privacy and security above. If the internet is not working or there is an equipment problem, we may have trouble connecting and sharing information with you. This does not happen often, but we may need to reschedule your appointment or find another way to connect with you. This could cause a delay in your assessment or treatment.
Some people decide that they really like seeing a doctor in person. This is totally fine – it is really important to be comfortable with your health care provider. Let your Treating Provider know if you don’t want telehealth services. You can find a health care provider near you and we can send them your records.
Other people may be present during your visits with your Treating Provider to operate the telehealth equipment. If this happens, your Treating Provider will tell you. Your Treating Provider wants you to be comfortable sharing information, and it is not a good idea to leave out information because you do not like having another person around. If you would rather be alone with your treating Provider, it is totally okay – just let them know.
The telehealth services that you receive will be recorded in your telehealth medical record that we maintain in our system. You have the right to request a copy of your health records. All you need to do is ask. Your records will be prepared and sent to you as required by law. Sometimes there may be a small charge to cover the cost of preparing and shipping the records. Also, when you sign below, you agree that your Treating Provider and Zest Dermatology may use or send your medical records to others for scheduling and billing purposes. Additional information about your medical records is in our Notice of Privacy Practices.
Before you receive telehealth services, make sure your phone, tablet or computer is working well, and you are hooked up to a good, reliable internet connection. This is really important, especially for real time visits. If you have a friend who is good at these things, it might help to have them around for your first connection. If you are having technical troubles contact:
We want to help fix any problems you have with the telehealth system. Contact us right away if your technology is not working at (516) 388-7209. We also want to know right away if you are having any problems with your Treating Provider. Contact us at membersupport@joinzest.com or (516) 388-7209 if you have a complaint or want to pick a new Treating Provider. Also, every state has an agency that licenses health care providers. They want to know if a health care provider is not acting properly. You can usually file a complaint with that state agency online. If you need help filing a complaint you can contact us at the above number, or reach out to a local agency for support
Additional State-Specific Consents: The following consents apply to patients accessing Group’s website for the purposes of participating in a telehealth consultation as required by the states listed below:
Taking care of emergencies must be done in person. Our telehealth system cannot contact your local emergency services.
Contact:
If you have any questions, please email us at membersupport@joinzest.com.
This document authorizes your healthcare provider to bill directly and receive payments from your insurance plan for healthcare services rendered to you.
I hereby assign to Citrus Dermatology Services of MD, P.C. ("Citrus") and the professional medical groups which render services to me within the Citrus network (collectively, the "Group") all my rights, titles, and interests in any and all health insurance or other healthcare benefits payable to me or on my behalf by any insurance payer, including private insurance and any other health plan, for medical treatment rendered by the Group. The Group does not currently participate in Medicare or Medicaid. Currently, the Group will bill only those insurance payers with whom it has established participation agreements. A list of participating insurance plans is available upon request.
I acknowledge that Zest Dermatology is not a healthcare provider but provides technology and administrative services to the Group; I receive healthcare services from the Group. Zest Dermatology assists the Group in seeking reimbursement from my insurance payer. This assignment will remain in effect until it is revoked by me in writing. I authorize the release of pertinent information necessary to process my medical claim. I also authorize direct payment to the Group of all insurance benefits payable to me for such medical treatment. In the event an insurance payer pays me directly, I agree to immediately pay such amounts to the Group.
I understand that my insurance payer may pay less than the actual bill for services. I acknowledge that Zest Dermatology, on behalf of the Group, will work with me regarding payment arrangements for any amounts not covered by my insurance payer, including copayments, coinsurance, and deductibles. I understand it is my responsibility to obtain any necessary referrals required by my insurance prior to scheduling appointments.
I certify that I have read and understand the foregoing and have received a copy thereof. I affirm that I am the patient, the patient’s legal representative, or am otherwise duly authorized by the patient to sign the above and accept its terms on his/her behalf.