These Terms and Conditions (“Terms”) govern your access to and use of www.kaplansinusrelief.com and its associated webpages, forms, quizzes, text-messaging programs, features, and content (collectively, the “Website”).
The Website is operated on behalf of Medical Center Ear, Nose & Throat Associates of Houston, P.A., doing business as Kaplan Sinus Relief (“Kaplan Sinus Relief,” the “Practice,” “we,” “us,” or “our”).
By accessing or using the Website, you agree to these Terms. If you do not agree, please do not use the Website.
1. Informational Purposes Only
The Website provides general information about ear, nose, throat, sinus, allergy, sleep, breathing, and related medical conditions and treatments.
Website content is provided for educational and informational purposes only. It is not intended to be, and should not be treated as:
- Medical advice, diagnosis, or treatment;
- A substitute for an examination or consultation with a qualified healthcare professional;
- A recommendation that any particular treatment or procedure is appropriate for you; or
- A guarantee of any medical result or outcome.
Do not disregard professional medical advice or delay seeking treatment because of information presented on this Website.
2. Emergencies and Urgent Medical Needs
The Website, its forms, appointment-request features, symptom quiz, text-messaging service, email, and other electronic communications must not be used for emergencies or urgent medical needs.
If you believe you are experiencing a medical emergency, call 911 or go to the nearest emergency department immediately.
Submitting a form, email, or text message does not guarantee that it will be reviewed or answered within any particular period.
3. No Provider-Patient Relationship
Your use of the Website, including completing a quiz, requesting an appointment, sending a message, enrolling in text messages, or reviewing medical information, does not create a provider-patient relationship.
A provider-patient relationship is established only after the Practice accepts you as a patient and a qualified healthcare provider performs an appropriate consultation or evaluation.
These Terms govern use of the Website and related electronic services only. Healthcare services are governed by separate patient agreements, consent forms, financial policies, privacy notices, and applicable law.
4. Symptom Quiz and Other Interactive Tools
Any symptom quiz, candidacy assessment, questionnaire, or similar interactive feature is a preliminary educational tool only.
Results do not constitute a diagnosis, medical opinion, treatment recommendation, eligibility determination, or confirmation that balloon sinuplasty or another procedure is medically appropriate for you. Treatment decisions require an individualized clinical evaluation by a qualified healthcare provider.
Do not rely on quiz results to make, change, or discontinue medical treatment.
5. Appointments
Appointment requests submitted through the Website are subject to provider availability and confirmation by the Practice. A submitted request does not create or confirm an appointment unless the Practice or its scheduling provider sends you confirmation.
References to same-day or next-day appointments describe potential availability and are not guarantees.
We may reschedule or cancel appointments when reasonably necessary. Applicable cancellation, no-show, payment, and patient financial policies will be provided separately by the Practice.
6. Insurance and Payment Information
Statements concerning insurance participation, Medicare, coverage, affordability, or typical reimbursement are general information only.
Participation and coverage may vary by provider, plan, procedure, medical necessity, authorization requirements, network status, deductibles, copayments, coinsurance, and other factors. Insurance coverage is never guaranteed.
You are responsible for confirming coverage directly with your insurer and for amounts not paid by your health plan, subject to applicable law and the Practice’s financial policies.
Nothing on the Website constitutes a binding price quote or promise of insurance coverage.
7. Treatment Results and Testimonials
Medical treatment affects each patient differently. No particular outcome can be promised or guaranteed.
Testimonials, reviews, photographs, case descriptions, and statements regarding patient experiences reflect individual experiences. They do not represent typical or guaranteed results and should not be interpreted as a warranty that another patient will achieve the same outcome.
8. Accuracy and Availability
We make reasonable efforts to provide useful and current information, but medical knowledge, treatment options, provider availability, insurance participation, and other information can change.
We do not warrant that Website content is complete, current, accurate, error-free, or appropriate for every user. We may modify, suspend, or discontinue any part of the Website without notice.
9. General Electronic Communications
When you voluntarily provide a telephone number, email address, or other contact information, you authorize the Practice and its service providers to use that information to respond to your request and, where applicable, provide appointment-related, patient-care, or operational communications.
Electronic communications may not always be secure. Do not use ordinary email, general Website forms, the symptom quiz, or text messages to send highly sensitive medical information. Use the designated secure patient portal when instructed.
Communications are also subject to any consent language presented when you submit information and to applicable law.
10. SMS Text-Messaging Program
Kaplan Sinus Relief sends text-message updates and responses to healthcare patients concerning appointments, patient requests, and ENT and sinus treatment services offered through www.kaplansinusrelief.com.
Consent to Receive Messages
When you opt in to the SMS service, we may send you a text message confirming your enrollment.
Message frequency varies. Message and data rates may apply. Your wireless carrier’s standard messaging and data charges may apply to messages sent or received through the service.
Consent to receive text messages is not a condition of purchasing a product, receiving healthcare services, scheduling an appointment, or obtaining treatment. Your consent applies only to the telephone number you provide.
Opting Out
You may cancel the SMS service at any time by texting STOP to the telephone number from which you received our message.
After you text STOP, we will send a message confirming that you have been unsubscribed. After that confirmation, you will no longer receive messages through that SMS program unless permitted or required by applicable law.
If you later wish to receive messages again, you may enroll using the same sign-up process you used originally.
Other recognized opt-out keywords may include CANCEL, END, QUIT, REVOKE, OPT OUT, and UNSUBSCRIBE.
Getting Help
If you need help or forget which keywords are supported, text HELP to the telephone number from which you received our message.
After you text HELP, we will respond with instructions explaining how to use the service and how to unsubscribe.
You may also contact Kaplan Sinus Relief at (713) 766-1818.
Participating Carriers
Participating carriers may include:
AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central Illinois (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), Cox, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State Cellular, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd.), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central Wireless (WCC or 5 Star Wireless).
Participating carriers may change without notice. Wireless carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your carrier and is not guaranteed.
SMS Privacy and Security
Information collected through the SMS service will be handled as described in our applicable privacy notices and as required by law.
Text messages may not be encrypted or secure. Do not use SMS to communicate emergencies or highly sensitive medical information. If you are experiencing a medical emergency, call 911 or go to the nearest emergency department.
For more information, please review our Privacy Policy and Notice of Privacy Practices.
11. Privacy and Health Information
Information submitted through the Website will be handled as described in applicable privacy notices and law.
Information does not automatically become protected health information under HIPAA merely because it concerns health. When information is received or maintained by the Practice as protected health information, its use and disclosure are governed by the Practice’s Notice of Privacy Practices and applicable law.
These Terms do not limit any rights you have under HIPAA or other applicable privacy laws.
12. Third-Party Services and Links
The Website may link to or use third-party services, including appointment scheduling, patient portals, text-messaging providers, maps, videos, social media platforms, analytics services, and external health resources.
Third-party services are controlled by their respective providers and may be subject to separate terms and privacy policies. We do not control and are not responsible for their availability, security, content, policies, or practices.
The inclusion of a third-party link does not necessarily constitute endorsement of that service or its content.
13. Permitted Use
We grant you a limited, revocable, nonexclusive, nontransferable license to access and use the Website for lawful, personal, and noncommercial purposes.
You may not:
- Interfere with the Website’s operation or security;
- Attempt to gain unauthorized access to systems, accounts, or information;
- Introduce viruses, malware, or other harmful code;
- Use automated systems to scrape or extract content without written authorization;
- Impersonate another person or submit false or misleading information;
- Use the Website to harass, threaten, defraud, or harm another person;
- Use the Website in violation of applicable law or another person’s rights; or
- Copy, modify, distribute, sell, license, or commercially exploit Website content without permission.
14. Intellectual Property
The Website and its text, graphics, logos, photographs, videos, design, software, trademarks, and other content are owned by or licensed to the Practice, Dr. Michael Kaplan, or their respective licensors and are protected by intellectual-property laws.
Except for the limited personal-use license provided above, no rights are granted to you.
Kaplan Sinus Relief and associated names, logos, and branding may not be used without prior written permission.
15. Minors
The Website is intended for a general audience. Individuals under 18 should use the Website with the involvement of a parent or legal guardian.
A minor should not submit appointment requests, health information, contact information, or other personal information—or enroll in the SMS service—without the involvement and authorization of a parent, legal guardian, or other person permitted by law.
16. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND RELATED ELECTRONIC SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, OR AVAILABILITY.
We do not warrant that the Website or electronic communications will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
This disclaimer applies to the Website and related electronic services. It does not waive or limit duties relating to healthcare services that cannot lawfully be waived.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PRACTICE, ITS OWNERS, PROVIDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR RELATED ELECTRONIC SERVICES.
This limitation applies only to Website use and related electronic services. It does not limit liability for professional healthcare services, medical malpractice, gross negligence, willful misconduct, or any liability that cannot legally be limited.
18. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless the Practice and its owners, providers, employees, contractors, service providers, and licensors from claims, losses, liabilities, damages, and reasonable expenses arising from:
- Your unlawful misuse of the Website;
- Your violation of these Terms; or
- Your infringement of another person’s rights.
This provision does not apply to claims arising from healthcare services provided by the Practice.
19. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
Any dispute arising solely from use of the Website or related electronic services must be brought in a court of competent jurisdiction located in Harris County, Texas, unless applicable law requires otherwise.
This section does not modify any separate agreement governing healthcare services or restrict nonwaivable patient rights.
20. Changes to These Terms
We may revise these Terms periodically. Revised Terms will be posted on the Website with an updated effective date.
Your continued use of the Website after revised Terms are posted constitutes acceptance of the revised Terms.
Changes to the SMS program may also be communicated through the Website or by text message when appropriate.
21. Severability and Waiver
If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in effect.
Our failure to enforce a provision is not a waiver of our right to enforce that provision or another provision in the future.
22. Contact Us
Questions about these Terms or the SMS service may be directed to:
Kaplan Sinus Relief
Medical Center Ear, Nose & Throat Associates of Houston, P.A.
4101 Greenbriar Drive, Suite 320
Houston, Texas 77098
Phone: (713) 766-1818