Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS APP AND RELATED WEBSITES, CALLED “SITE” FROM HERE ON.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site!

Golden Phoenix Healthcare Technologies, Inc ("GPHT" or “GP”) may revise and update these Terms and Conditions at any time. Your continued usage of the gphxhealth.com website, gpheart.com website, or its app GP-RPM™ ("GPHT Site," GPHeart site, GP-RPM™ app, or combinedly called the "GP Site, Site, or GP") will mean you accept those changes.

The Site Does Not Provide Medical Advice

The contents of the GP Site, such as text, graphics, images, and other materials created by GPHT or obtained from GPHT’s licensors, and other materials contained on the GP Site (collectively, "Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider via telehealth with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the GP Site or produced by its GP Artificial Intelligence (AI).

If you think you may have a medical emergency, call your doctor or 911 immediately. GP does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by GP, GP employees, others appearing on the Site at the invitation of GP, GPHeart, GP RPM™, or other visitors to the Site is solely at your own risk.

Children's Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Use of the Content

The Content posted on this Site is protected by the copyright laws in the United States and in foreign countries. GP authorizes you to view, search for information via AI called MedGenie trained by GP-licensed physicians, or download a single copy of the Content solely for your personal, noncommercial use if you include the copyright notice located at the end of the material, for example: "©2024, Golden Phoenix Healthcare Technologies, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the GP Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

Title to the Content remains with GP or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of GP. All rights not expressly granted herein are reserved to GP and its licensors. Certain Content on this GP Site is licensed under issued U.S. Patent No. 0140276552A1

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of GP and Its Licensors

The use of the GP Site and the Content is at your own risk.

When using the GP Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of the GP and its suppliers. Accordingly, GP assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the GP Site.

The GP Site and the Content are provided on an "as is" basis. GP, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, GP, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, links, or communications provided on or through the use of the GP Site (i.e. GPhxHealth.com, GPHeart.com, GP RPM App). 
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools concerning the Content contained on the GP Site. 
  3. The Patents and FDA-clearance of technology partners including contactless facial RPM AI or other tools. 

In no event shall GP, its licensors, its suppliers, or any third parties mentioned on the GP Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the GP Site, partnering AI tools and applications, or the Contents created by partnering AI platforms, whether based on warranty, contract, tort, or any other legal theory, and whether or not GP, its licensors, its suppliers, or any third parties mentioned on the GP Site are advised of the possibility of such damages. GP, its licensors, its suppliers, or any third parties mentioned on the GP Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. GP, its licensors, its suppliers, or any third parties mentioned on the GP Site are not liable for any personal injury, including death, caused by your use or misuse of the GP Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurring. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Content and Submissions

The personal information you submit to GP is governed by the GP Privacy Policy. To the extent there is an inconsistency between this Agreement and the GP Privacy Policy, this Agreement shall govern.

The GP Site and App contains AI functionality, AI Tools, and other interactive areas, including blogs, knowledge base, user reviews of medical diagnostic, treatment and drug information via AI, user reviews on the Physician and Pharmacy Directory via MAP AI, Diagnostic imaging VR AI, etc. (collectively "Public Areas") that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”).  They may then share their information via FHIR with their own physicians’ electronic health records (EHR).  Users may also upload User Content via our official brand presence on social media platforms and branded hashtags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, TikToks, and Pinterest, (collectively "Social Media Platforms"). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms and Conditions and other applicable policies, such as our GP Reviews Guidelines.  GP reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms and Conditions or our other policies, such as our GP Reviews Guidelines. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that GP is not responsible for the operation, terms of use, or policies of any Social Media Platform. Before using any Social Media Platform you should review its terms of use and policies, including its privacy policy.

If you make any submission or post User Content to a Public Area or a Social Media Platform, you agree that you will not send or transmit to GP by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept, or invention to GP by email, you agree such submission is non-confidential for all purposes.

If you make any submission or post User Content to a Public Area or a Social Media Platform or if you submit any business information, idea, concept or invention to GP by email or through the GP Sites, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted-GP a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. GP may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts, or inventions private or proprietary, do not submit them to the Public Areas or Social Media Platforms or GP Sites or by email. We try to answer every email in a timely manner, but are not always able to do so.

User Submissions — Image, Video, Audio Files

You agree to only post or upload media (like files, photos, videos, or audio) on the GP Sites, GP RPM app, or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. If you submit personal information, you are doing it at your own decision for better automated care.  GP has done all it can to protect your personal information along with adhering to HIPAA’s policy and procedures, but will not be liable for your information being shared with other providers per your permission only. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the GP Site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the GP Advertising Policy or the GP Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or this GP site.

By uploading any media on the GP Site or a Social Media Platform like a photo or video: (a) you grant to GP a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sublicensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes GP to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in such media; and (c) you agree to indemnify GP and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms and Conditions.

GP reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Passwords

GP has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your GP passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of the sign-in name, screen name, and passwords; (2) authorize, monitor, and control access to and use of your GP account and password; (3) promptly inform GP if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located at the bottom of every page of our site. You grant GP and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. GP cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using GP tools and services.

User Content Guidelines

If you use, or post User Content on, a Public Area such as blogs, or our Physician Directory, or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. GP and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by GP in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
  10. Allowing any other person or entity to use your identification for posting or viewing comments
  11. Posting the same note more than once or "spamming"; or
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Site, or which, in the judgment of GP, exposes GP or any of its customers or suppliers to any liability or detriment of any type.

Reviews posted on the Physician Directory are further subject to the GP Reviews Guidelines.

GP Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

  1. Record the dialogue in public chat rooms.
  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  3. Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  4. Terminate a user's access to any or all Public Areas and/or the GP Site upon any breach of these Terms and Conditions.
  5. Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform.
  6. Edit or delete any communication(s) posted on the GP Site, regardless of whether such communication(s) violate these standards.

GP or its licensors have no liability or responsibility to users of the GP Site or any other person or entity for the performance or nonperformance of the aforementioned activities.

Advertisements, Searches, and Links to Other Sites

GP may provide links to third-party websites. GP also may select certain sites as priority responses to search terms you enter and GP may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. GP does not recommend and does not endorse the content on any third-party websites. GP is not responsible for the content of linked third-party sites, sites framed within the GP Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. GP does not endorse any product, service, or treatment advertised on the GP Site. For more information, read our GP’s Advertising Policy and our Sponsor Policy.

Indemnity

You agree to defend, indemnify, and hold GP, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms and Conditions.

General

GP is based in a Nevada corporation located in the United States of America with principal offices in Newport Beach, California, and Phoenix, Arizona. GP makes no claims that GP, GP Health Manager, or any Site within the GP Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the GP Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with GP, or in any way relating to your use of the GP Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving GP or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting GP's copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number, and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

GP's agent for copyright issues relating to this website is as follows:

Golden Phoenix Healthcare Technologies, Inc.
Attn: Office of Privacy
895 Dove Street, Suite 300, 

Newport Beach, CA 92660
info@gphxhealth.com

To protect the rights of copyright owners, GP maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the GP Site, these Terms and Conditions and the GP Privacy Policy constitute the entire agreement between you and GP concerning the use of the GP Site and Content.

Thank you for your cooperation. We hope you find the gphxhealth.com, gpheart.com, GP-RPM™ app, and other GP Sites helpful and convenient to use. Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: Golden Phoenix Healthcare Technologies, Inc., 895 Dove Street, Suite 300, 

Newport Beach, CA 92660, USA 

GP-RPM™ Manager: Questions or comments regarding the GP-RPM™ and gpheart.com website, including any reports of non-functioning links, should be directed by email via our online web form in the GP-RPM™ Manager or by U.S. Mail to GP Customer Service, 895 Dove Street, Suite 300, Newport Beach, CA 92660. Attn: GP-RPM™ Manager Member Services. We try to answer every email in a timely manner but due to volume may not always be able to do so.