Terms of Use

Introduction

Pulse, Inc. (Pulse”) provides the following services (“Services”) through its site www.Pulse.com. Pulse provides price and quality information transparently for all procedures and treatments listed by Providers (defined below) on the Site (defined below). Pulse Users, defined below, may use the Site to identify Providers, obtain information about procedures, treatments, fees and costs, securely exchange health information with Providers, and make all necessary travel arrangements. All communications are through the Pulse secure platform.

1. Use of Pulse Website

Pulse.com (the "Site"), is to be used for communication purposes only. The Site is a tool for and is intended to assist Users and health care providers to communicate, but is not intended as a substitute for, the advise and expertise of a qualified physician or health care provider (hereinafter "Provider"). Providers and other Users may not use the Site, or any of the data or other resources linked to or contained therein (hereinafter, the "Content") as the means to diagnose a health problem or disease, or as the sole means of determining diagnosis or treatment.

Pulse does not recommend or endorse any specific tests, products, procedures, opinions, or other information or Content that may be communicated, transmitted or linked using the Site. Pulse may use information provided by a User for its internal business purposes and to facilitate the services it provides to one or more Users.

2. Privacy Policy

Pulse recognizes its responsibility to assure data security and User and Provider confidentiality in the use of the Site. Pulse has developed a Privacy Policy that is designed to advise Users of their responsibilities and rights under this policy, the Provider Agreement, and Terms of Use with respect to protected health information ("PHI"). This Privacy Policy provides all Users and Providers a description of controls that are implemented to ensure patient confidentiality and data security.

Pulse intends that its Privacy Policy along with the standard practices and procedures will ensure compliance with all applicable international laws and regulations including, without limitation, the US Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH Act), enacted as part of the American Recovery and Reinvestment Act of 2009 (ARRA), and the regulations and guidance promulgated thereto, including the definitions which are incorporated by reference herein.

Policy Purpose. The purpose of this Privacy Policy is to establish operating standards to be used by Pulse as the Site [you defined it above as “Site” so need to be consistent and use the same defined term throughout] is used to transmit or otherwise communicate protected health information ("PHI") by Providers and other Covered Entities as defined by HIPAA and HITECH. Rules governing access to and use of the Pulse Website are governed by the terms of the Pulse Terms of Service [are you merging Terms of Service and Privacy Policy under this document or will they be 2 separate documents? As written sometimes you are referring to a Privacy Policy and sometimes to a Terms of Service hence the question]  and the Pulse Provider Agreement [what is is this document?].

Operating Standards. The use of Pulse Site to collect, use, and disclose PHI is governed by the following standards:

  1. Legal Compliance. Pulse requires all users to collect, use, and disclose PHI in compliance with all United States and state laws, or the laws of such other pertinent jurisdictions, governing the privacy, security, and integrity of PHI and related data.
  2. Data Collection and Format. Pulse will access only that PHI and data for use by or on behalf of Users of the Site as permitted by HIPAA, HITECH, the implementing regulations and other applicable laws. Pulse may collect non-identifiable information in all instances permitted by law. Pulse will limit its collection of data only to that which is necessary for fulfilling its obligations to Users and Providers and for its own internal business purposes. Prior to collecting or receiving PHI about an individual, Providers will provide the individual with a notice that discloses to the individual the type of information being collected, the purpose for which the information is being collected, the names or categories of those who will have access to the information, the methods for accessing and correcting PHI records in the possession of the Provider. The notice will also inform the individual User of his/her right to at any time withdraw consent for collection, use and/or disclosure of the individual’s PHI.
  3. Data Use and Format. Pulse and Providers will use and disclose PHI and related data collected or received only in accordance with this Privacy Policy and governing law. Where a User has provided a Provider with instructions relating to the use and disclosure of that User’s PHI, Provider, and Pulse to the extent applicable, will act in accordance with these instructions to the extent that the instructions are consistent with governing law, the Provider’s and Pulse’s business processes, and the Provider’s and Pulse’s legal and ethical obligations.
  4. Data Integrity and Security. Pulse will implement appropriate physical, logical, and other safeguards to guard against data loss, theft, adulteration or other misuse of PHI under the control of Pulse. The method and amount of safeguarding necessary for data protection will depend on the type of data that is being protected and will be consistent with those standards identified by HITECH and the implementing regulations. In the event Pulse either discovers or is notified of a breach of its Site security system, Pulse will notify the applicable User and Provider so each can take protective actions. By using the Pulse Site, Provider agrees to such communications and agrees that Pulse may post notice of Security Breaches on the Site with information regarding appropriate remedial actions.
  5. Enforcement. Pulse has procedures in place to ensure ongoing adherence to these operating standards. Pulse encourages Users to raise any concerns that they may have regarding the way PHI is handled within the Pulse Site by contacting Pulse at the address listed below.
  6. Dispute Resolution. Any questions or concerns regarding the use or disclosure of PHI by Pulse or a Provider should be directed to Pulse’s privacy officer at the address given below. Pulse will investigate and attempt to resolve any disputes or complaints regarding the use and disclosure of PHI. If a dispute or complaint cannot be resolved between Pulse and the complainant, Pulse will work with a third-party to resolve the dispute or complaint.
  7. Contact Information. info@pulseprotocol.com, 1600 Main Street Venice CA, 90291, USA
  8. Changes to this policy. This policy will be revised, as necessary, to reflect any changes to current regulations governing patient confidentiality.

3. Refunds & Guarantee

If either Pulse or the operating physician determine at any time that they will not operate on the patient, the patient will be funded in full minus any costs that were incurred in any evaluation (i.e. physical consultation, diagnostics, concierge services, medications, etc.) and the non-refundable $500 deposit. There is a 10% cancellation fee if the patient cancels within 48 hours of the surgery.

If the patient reschedules surgery after placing the deposit, there is a $100 rebooking fee that will be added to the total quote.

4. Pricing for Products/Services

All pricing is listed transparently on the Pulse website for each provider. The average price of a procedure is $4,800.