Terms of Service
ClearPath GI LLC
Version: 2.0 — Care Outreach Only Effective Date: Upon Execution Entity: ClearPath GI LLC, a Georgia limited liability company Address: 1956 Aquinas Ct, Marietta, GA 30064 Contact: support@clearpathgi.com
NOTICE: CLEARPATH GI IS NOT A MEDICAL PROVIDER. This platform provides colonoscopy reminders only. It does not provide medical advice, diagnosis, or treatment, and is not connected to any electronic health record system. All reminder schedules are based solely on information you provide. In a medical emergency, call 911 immediately.
1. AGREEMENT TO TERMS
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Member," "you," or "your") and ClearPath GI LLC ("ClearPath GI," "Company," "we," "us," or "our"). By creating an account, enrolling in the service, accessing the website at clearpathgi.com (the "Site"), or using any feature of the ClearPath GI platform (collectively, the "Service"), you agree that you have read, understood, and agree to be bound by these Terms in their entirety.
If you do not agree to these Terms, you must not use the Service.
These Terms should be read together with our Privacy Policy, which is incorporated herein by reference. Both documents are available at clearpathgi.com/legal.
2. ELIGIBILITY
To use the Service, you must:
(a) Be at least 18 years of age. ClearPath GI does not knowingly provide services to individuals under the age of 18. By enrolling, you represent and warrant that you are 18 years of age or older and are legally capable of entering into a binding agreement.
(b) Be a resident of the continental United States. The Service is available to residents of the 48 contiguous United States and the District of Columbia. Residents of certain states may be subject to enrollment restrictions based on applicable state law. Enrollment from restricted states will be declined without notice.
(c) Provide accurate, current, and complete information during enrollment and maintain the accuracy of that information at all times.
(d) Not be prohibited by applicable law from receiving the Service.
By using the Service, you represent and warrant that you meet all eligibility requirements above.
3. DESCRIPTION OF SERVICE
3.1 What ClearPath GI Does
ClearPath GI provides a free, voluntary colonoscopy reminder service. Based solely on information you provide during enrollment, the Service:
- Schedules and delivers automated reminders about your next colonoscopy via SMS and/or email at timing intervals you select (12 months, 9 months, 6 months, 3 months, 1 month before your due date, and at your due date);
- Maintains a secure member dashboard where you can view, update, or manage your reminder preferences and contact information;
- Facilitates optional connections between you and participating healthcare organizations in your area, subject to your explicit written consent; and
- Provides secure messaging features between you and participating organizations, where applicable.
3.2 What ClearPath GI Does NOT Do
ClearPath GI:
- Is not a medical provider, physician, hospital, practice, or licensed healthcare facility. Nothing on this Site constitutes medical advice, diagnosis, clinical recommendation, or treatment of any kind.
- Does not connect to, access, or retrieve data from any electronic health record (EHR) system, insurance database, or any other clinical or administrative healthcare system. All information about your screening that drives your reminders comes exclusively from what you enter.
- Does not determine when your next colonoscopy should be scheduled. We remind you at the time you tell us you need to be reminded.
- Does not guarantee scheduling, appointments, or access to any specific healthcare provider. Connection to a practice through this platform does not guarantee an appointment, availability, or acceptance as a patient.
- Does not monitor your health status and will not alert you or anyone else if you miss a reminder or fail to complete your screening.
3.3 Service Availability
The Service is provided on an "as is" and "as available" basis. We do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.
4. ACCOUNT REGISTRATION AND SECURITY
4.1 Enrollment
To use the Service, you must complete the enrollment process, providing your full legal name, date of birth, phone number, email address (optional), ZIP code, and your next due date. Your phone number is verified via a one-time passcode (OTP) at enrollment.
4.2 Dashboard Login
After enrollment, your member dashboard is accessed through passwordless login using your verified phone number or email address and a one-time passcode sent at each login. You are responsible for maintaining the security of your account access.
4.3 Account Lockout and Identity Verification
If you are unable to access your dashboard because the information you provide does not match our records, contact us at privacy@clearpathgi.com. We may require a government-issued photo ID before restoring account access.
4.4 Responsibility for Account Activity
You are solely responsible for all activities under your account. If you believe your account has been accessed without authorization, contact support@clearpathgi.com immediately.
5. YOUR RESPONSIBILITY TO KEEP INFORMATION CURRENT
THIS IS A CRITICAL PROVISION. PLEASE READ CAREFULLY.
ClearPath GI sends reminders and facilitates care coordination based exclusively on the information you provide. You are solely responsible for keeping the following accurate and up to date:
5.1 Contact Information
If you change your phone number or email address without updating your dashboard, ClearPath GI will continue sending reminders and login codes to the outdated contact information. If you have consented to data sharing, participating healthcare organizations may also attempt to contact you at outdated information on file.
ClearPath GI is not liable for any consequences arising from your failure to update your contact information.
5.2 Location Information
If you change your ZIP code or city without updating your dashboard, your location profile will remain set to your previous area. Participating organizations matched to your old location may contact you; organizations near your actual location will not have access to your record.
ClearPath GI is not liable for any consequences arising from your failure to update your location.
5.3 Screening History
If you complete a colonoscopy before your reminder date without updating your dashboard, ClearPath GI will continue sending reminders based on the date on file. We have no independent way of knowing you completed a procedure. Your reminders will not stop or reschedule unless you update your account.
ClearPath GI is not liable for any reminder sent based on information that was accurate when entered but has since become outdated.
5.4 General Accuracy
You represent and warrant that all information you provide is truthful, accurate, and complete to the best of your knowledge, and that you will update your dashboard promptly when any information changes.
6. SMS COMMUNICATIONS
6.1 Consent to Receive SMS
By consenting to SMS communications at enrollment, you agree to receive recurring automated text messages from ClearPath GI at the mobile number you provide, including one-time passcodes (OTPs), colonoscopy reminders, and service notifications.
Messages are sent from toll-free number +1 (877) 335-2167 (pending Toll-Free Verification with carriers). Message and data rates may apply.
6.2 Opt-Out
Text STOP to +1 (877) 335-2167 at any time. You will receive one final confirmation message and no further SMS unless you re-consent. Opting out of SMS does not delete your account or affect email reminders.
6.3 Help
Text HELP to +1 (877) 335-2167, or email support@clearpathgi.com.
6.4 No PHI in SMS Messages
SMS messages will not contain your procedure date or any clinical details. Messages notify you that a reminder is available and direct you to log in to your secure dashboard.
7. EMAIL COMMUNICATIONS
7.1 Consent to Receive Email
By providing your email address and consenting to email communications, you agree to receive automated emails including OTPs, reminders, and service-related updates.
7.2 Opt-Out
Click Unsubscribe in any reminder email, or update your preferences in your dashboard. Unsubscribing from reminders does not delete your account or affect SMS reminders.
7.3 No PHI in Email Messages
Email bodies will not contain clinical details. Emails direct you to log in to your secure dashboard to view reminder details.
8. GEOGRAPHIC LIMITATIONS AND PRACTICE AVAILABILITY
8.1 Nationwide Reminder Service
The reminder functionality is available to eligible members throughout the continental United States, subject to state-level enrollment restrictions.
8.2 Practice Network Limitations
ClearPath GI currently has active agreements with participating healthcare organizations primarily in the State of Georgia. If you reside outside Georgia, reminders will function normally, but ClearPath GI may not be able to connect you with a participating practice in your area.
8.3 No Guarantee of Practice Contact
Enrollment in ClearPath GI does not guarantee that any healthcare organization will contact you, accept you as a patient, or schedule you for a procedure.
9. DATA SHARING WITH HEALTHCARE ORGANIZATIONS
9.1 Consent-Based Only
ClearPath GI shares your information with participating healthcare organizations only with your explicit written consent. Without your consent, no organization can see your record under any circumstance.
9.2 Who May Receive Your Information
If you consent to data sharing, healthcare organizations holding an active Care Outreach agreement with ClearPath GI for your ZIP code or city may access your reminder record to contact you and offer to schedule your colonoscopy at their location.
9.3 Your Record Reflects What You Tell Us
Participating organizations see only the information you have entered. If your contact information, location, or screening date is outdated, that is what organizations will see. ClearPath GI is not responsible for the accuracy of information you have not updated.
9.4 Revocation
You may revoke your data-sharing consent at any time through your member dashboard. Revocation takes effect immediately — all participating organizations immediately lose access to your record going forward. Past access cannot be retroactively revoked.
9.5 Optional Procedure History Field
You may optionally provide the name of the facility where you received your most recent colonoscopy. This information is stored in your account for your own reference only. It is not shared with any healthcare organization through this platform.
9.6 Deleted Accounts
If you delete your account, your record is removed from all organization-facing views immediately. Deleted records are retained internally for six (6) years for compliance purposes and are not accessible to any participating organization during that period.
10. INTELLECTUAL PROPERTY
The Service is owned by ClearPath GI and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial use only.
11. PROHIBITED CONDUCT
You agree not to: use the Service for any unlawful purpose; provide false or misleading information; attempt to access another member's account; interfere with the security or availability of the Service; use automated scripts or scrapers; transmit harmful code; use the Service to harass or harm any person; reverse-engineer any portion of the Service; or use the Service for unauthorized commercial purposes.
12. ACCOUNT TERMINATION AND DELETION
12.1 Your Right to Delete
You may delete your account at any time through your dashboard or by contacting privacy@clearpathgi.com.
12.2 Retention After Deletion
Following deletion, ClearPath GI retains your health information for six (6) years from the date of deletion or last account activity, whichever is later, in compliance with HIPAA. After this period, records are securely destroyed or permanently de-identified.
12.3 Our Right to Suspend or Terminate
ClearPath GI reserves the right to suspend or terminate your access at any time, with or without notice, for any reason including violation of these Terms.
13. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED AVAILABILITY, OR ACCURACY OF CONTENT.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEARPATH GI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES ARISING FROM: MISSED REMINDERS OR SCREENINGS; ACTIONS OR INACTIONS OF PARTICIPATING ORGANIZATIONS; YOUR FAILURE TO MAINTAIN CURRENT ACCOUNT INFORMATION; UNAUTHORIZED ACCOUNT ACCESS; OR ACTS OF THIRD-PARTY SERVICE PROVIDERS.
BECAUSE THE SERVICE IS FREE, CLEARPATH GI'S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
15. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ClearPath GI from and against any claims, liabilities, damages, and expenses arising out of your violation of these Terms, your use of the Service, your provision of false information, or your violation of applicable law.
16. CLASS ACTION WAIVER
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING AGAINST CLEARPATH GI.
17. GOVERNING LAW
These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles.
18. DISPUTE RESOLUTION
Disputes that cannot be resolved informally shall be submitted exclusively to the Superior Court of Cobb County, Georgia, or the United States District Court for the Northern District of Georgia (Atlanta Division). All claims must be brought within one (1) year of when they arose.
19. MODIFICATIONS
ClearPath GI may modify these Terms at any time. Material changes will be communicated by updating this document and, where possible, by email or SMS notification. Continued use of the Service constitutes acceptance of any modifications.
20. GENERAL PROVISIONS
20.1 Entire Agreement. These Terms, the Privacy Policy, and enrollment consents constitute the entire agreement between you and ClearPath GI regarding the Service.
20.2 Severability. If any provision is found invalid, the remaining provisions remain in full force.
20.3 Waiver. Failure to enforce any provision does not constitute a waiver.
20.4 No Assignment. You may not assign rights under these Terms without our written consent.
20.5 Force Majeure. ClearPath GI is not liable for delays caused by circumstances beyond our reasonable control.
20.6 Notices. Notices to ClearPath GI: support@clearpathgi.com or 1956 Aquinas Ct, Marietta, GA 30064.
21. CONTACT INFORMATION
General: support@clearpathgi.com Privacy and HIPAA: privacy@clearpathgi.com Practice and Organization: clinic@clearpathgi.com Mail: ClearPath GI LLC, 1956 Aquinas Ct, Marietta, GA 30064
Version 2.0 — Procedure Access contract removed. Care Outreach only. Must be reviewed by a licensed Georgia attorney before deployment. Not legal advice.
COUNSEL FLAG - AKS/STARK: The Care Outreach model (paid practice access to a patient reminder database) should be formally reviewed for Anti-Kickback Statute and Stark Law compliance before executing any practice agreements.