Appointment Request Terms of Service

These Appointment Request Terms of Service (the “Terms”) are an agreement between you and Ear, Nose & Throat Specialist - Cherokee Sinus Center, P.C., doing business as Ear, Nose, Throat & Allergy Specialist (“ENTAS,” “we,” “us,” or “our”), concerning your use of the online appointment request form and related scheduling features (the “Scheduler”). These Terms apply only to the Scheduler. They do not replace any consent-to-treatment, financial, office, patient-portal, or other agreement that may apply to healthcare services.

By checking the Terms acceptance box and selecting the button to continue to scheduling, you confirm that you have reviewed and agree to the version of these Terms displayed to you. Your checkbox selection is your electronic signature for this limited purpose. The version accepted when you continue governs that appointment request.

You may use the Scheduler for yourself if you are at least 18 years old and have legal capacity to agree to these Terms. You may submit a request for a minor or another person only if you are legally authorized to act for that patient. An authorized parent, legal guardian, or other legally authorized representative must provide the scheduling contact information for a minor.

You represent that the information you provide about your identity, contact information, relationship to the patient, and authority to act is accurate. ENTAS may request additional verification or decline to process a request if authority or identity cannot reasonably be confirmed.

Submitting the Scheduler creates a request for ENTAS to review. It does not book or guarantee an appointment, reserve a time, establish a wait-list position, or guarantee a particular clinician, location, service, or response time. Availability may change before ENTAS completes its review.

An appointment is confirmed only when ENTAS sends or provides an express confirmation. If you do not receive a confirmation, call 770-345-6600. Do not assume that a request was received or accepted merely because the Scheduler displayed a submission screen or sent an acknowledgment that does not expressly confirm the appointment.

The Scheduler is an administrative scheduling tool. It is not monitored continuously, is not a substitute for professional medical judgment, and must not be used to seek medical advice, diagnosis, treatment, prescription assistance, or emergency help.

If you believe anyone may be experiencing a medical emergency, call 911 or go to the nearest emergency department. Do not wait for a response from the Scheduler. Submitting a request does not by itself create a new clinician-patient relationship, although it does not alter an existing treatment relationship you may already have with ENTAS.

Provide complete and accurate information so ENTAS can identify the patient, evaluate the request, and communicate about scheduling. You must have the right and authority to submit all information and files you provide. Upload only requested documents, such as readable insurance-card images, and do not submit unrelated records or content.

You are responsible for reviewing the request before submission and promptly telling ENTAS if material information changes or is incorrect. ENTAS may correct obvious administrative errors, request clarification, or reject incomplete, duplicative, fraudulent, malicious, or technically unsafe submissions.

The Scheduler may use electronic records and communications to verify your contact information and administer your request. Transactional text messages require the separate text-message consent displayed in the Scheduler. That consent is not marketing consent and is not a condition of receiving healthcare; you may call 770-345-6600 to request an appointment without using text messages.

By selecting Phone call and clicking “Call me with a code,” you request and consent to one automated call from Ear, Nose, Throat & Allergy Specialist at the number provided solely to deliver an identity-verification code. This is not marketing consent and is not a condition of receiving healthcare. You may instead call 770-345-6600 to schedule by phone.

Message frequency varies, and message and data rates may apply. Reply STOP to opt out of automated appointment text messages or HELP for help. You may also communicate a reasonable opt-out request by calling ENTAS. Opting out of text messages does not cancel an appointment or appointment request. Call 770-345-6600 if you want to cancel, reschedule, or confirm an appointment.

Ordinary text messages may be unencrypted and may be seen by anyone who has access to your device, mobile account, or message notifications. Keep your contact information current and use the telephone option if text messaging is not appropriate for your privacy needs.

Information displayed or collected by the Scheduler is not a promise that ENTAS or a requested clinician participates in your health plan, that a service is covered, or that your insurer will pay. Coverage, referrals, prior authorization, deductibles, copayments, coinsurance, and other patient responsibility are determined under applicable plan terms and office policies. Contact your health plan and ENTAS if you need confirmation.

The Scheduler does not provide a binding cost estimate. Cancellation, rescheduling, no-show, payment, consent-to-treatment, and other office policies may be presented separately and continue to apply according to their terms.

The Appointment Request Privacy Policy explains the personal information collected through the Scheduler and supplements, but does not replace, ENTAS’s Notice of Privacy Practices. When information is protected health information, the Notice of Privacy Practices and applicable health-privacy law govern its use and disclosure.

Acceptance of these Terms and acknowledgment of the Appointment Request Privacy Policy are not an authorization to use protected health information for marketing or another purpose that requires a separate authorization. You may request the Notice of Privacy Practices by calling 770-345-6600 or writing to the Privacy Officer, Ear, Nose, Throat & Allergy Specialist, 215 Riverstone Drive, Canton, GA 30114.

You may use the Scheduler only for legitimate appointment requests and related communications. You must not misuse the Scheduler or help another person do so.

• Do not impersonate another person, misrepresent your authority, or knowingly submit false, deceptive, or duplicate requests.
• Do not upload malware, unlawful material, or files unrelated to the appointment request.
• Do not probe, scan, circumvent, disable, overload, disrupt, scrape, reverse engineer, or attempt unauthorized access to the Scheduler, its accounts, data, or connected systems.
• Do not use the Scheduler for advertising, solicitation, harassment, threats, or any unlawful purpose.

The Scheduler depends on communications carriers, hosting, identity-verification, storage, scheduling, electronic medical record, security, and other service providers. Transmission delays, carrier filtering, maintenance, outages, device settings, and events outside ENTAS’s reasonable control may interrupt or delay the Scheduler.

ENTAS may suspend, restrict, modify, or discontinue the Scheduler or any feature when reasonably necessary for maintenance, security, legal compliance, patient safety, or operations. ENTAS will use reasonable efforts to maintain the Scheduler but does not promise uninterrupted or error-free availability. The telephone scheduling option remains available during ordinary business operations.

The Scheduler, including its software, layout, text, graphics, and branding, is owned by ENTAS or its licensors and is protected by applicable intellectual-property laws. Subject to these Terms, ENTAS grants you a limited, personal, revocable, nonexclusive, nontransferable right to use the Scheduler solely to submit and manage legitimate appointment requests. No other rights are granted.

To the maximum extent permitted by law, the Scheduler is provided “as is” and “as available.” ENTAS disclaims implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement as they relate to the Scheduler. ENTAS does not warrant that the Scheduler will always be available, secure, accurate, compatible with every device, or free of errors or harmful components.

These disclaimers concern only the Scheduler and appointment-request process. They do not disclaim any duty or standard of care that applies to healthcare services, privacy or data security, communications consent, or another obligation that cannot lawfully be disclaimed.

To the maximum extent permitted by law, ENTAS and its Scheduler service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising solely from your use of, or inability to use, the Scheduler, including damages caused by a lost or delayed appointment request. To the maximum extent permitted by law, their combined liability for direct damages arising exclusively from the Scheduler technology or appointment-request process will not exceed $100.

This limitation does not apply to medical diagnosis, treatment, or other professional healthcare services; bodily injury or death; a breach of confidentiality, privacy, or data-security obligations; gross negligence, recklessness, willful misconduct, or fraud; a violation of communications-consent law, HIPAA, or other applicable privacy law; or any liability or remedy that cannot be waived or limited under applicable law. Some jurisdictions do not permit certain exclusions or limitations, so the limitations apply only to the extent lawful.

ENTAS may update these Terms to reflect changes to the Scheduler, operations, or law. Updated Terms will display a new effective date and apply to later use of the Scheduler. The version you accepted when submitting an appointment request continues to govern that request unless a change is required by law. When legally required, ENTAS will provide additional notice or obtain renewed agreement.

Georgia law governs these Terms, without regard to conflict-of-law principles, except where federal law or another jurisdiction’s mandatory law applies. Any court action arising solely from these Terms or the Scheduler must be brought in a state court located in Cherokee County, Georgia, or a federal court with jurisdiction over Cherokee County, unless applicable law gives you the right to another forum. These Terms do not require arbitration and do not waive any right to participate in a class action.

If a provision of these Terms is unlawful or unenforceable, it will be enforced to the greatest lawful extent and the remaining provisions will remain effective. A failure to enforce a provision is not a waiver. These Terms and the disclosures presented with the Scheduler are the entire agreement concerning use of the Scheduler, but they do not replace separate agreements governing healthcare or other services.

Questions about these Terms may be directed to Ear, Nose, Throat & Allergy Specialist, 215 Riverstone Drive, Canton, GA 30114, or 770-345-6600.