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Last revised: 1/1/2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE PLATFORM OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ANY COMPONENT OF THESE TERMS OF US, YOU MAY NOT USE THE PLATFORM OR THE SERVICES.
THE SERVICES PROVIDED BY RELIEF HEALTH, INC. DOING BUSINESS AS DORSAL INCLUDE COORDINATION AND COMMUNICATION WITH HEALTHCARE PROVIDERS. THE SERVICES DO NOT REPLACE YOUR RELATIONSHIP WITH ANY HEALTHCARE PROVIDER. YOU UNDERSTAND THAT THESE SERVICES MAY NOT BE APPROPRIATE FOR ALL MEDICAL CONCERNS AND YOU AGREE TO IMMEDIATELY CONTACT YOUR DOCTOR OR 911 SHOULD YOU HAVE A MEDICAL EMERGENCY.
THESE TERMS OF USE ARE SUBJECT TO CHANGE AS DESCRIBED HEREIN.
Relief Health, Inc. doing business as Dorsal (“Dorsal”, “we”, “us”, “our”) owns and operates the website located at www.dorsalhealth.com (the “Platform”). The Platform is used by Dorsal to provide the Services to registered users. The “Services” include items such as (i) development and retention of healthcare information and records for use in healthcare provider appointments; (ii) provision of information related to health and healthcare (“Content”); (iii) provision of pharmacy services; (iv) provision of administrative support in order to facilitate healthcare service delivery, including handling billing and scheduling for provider appointments and billing for pharmacy services; (v) communications support for provision of the Services in order to facilitate telecommunications between registered users and providers provided by Dorsal Medical Group of California, P.C. and similar affiliated professional entities necessary for consultations, assessments, treatment by these professional entities.
These terms and conditions of use (“Terms of Use”) detail your rights and responsibilities with respect to the Platform and the circumstances under which you may use the Services. Your accessing the Platform and using the Services are each subject to these Terms of Use, along with our Privacy Policy and applicable laws. The terms “you” and “yours” in these Terms of Use refer to the individual who makes use of the Platform and Services. Regardless of the manner in which you arrive at the Platform, you agree that these Terms of Use are entered into by you and Dorsal. You are not authorized to access the Platform or Content or to use the Services if you do not agree to be bound by these Terms of Use. Dorsal reserves the right to modify these Terms of Service at any time at its discretion with or without prior notice to you, and any such modifications are effective at time of publication on this page. Dorsal encourages you to check back to review these Terms of Use for any changes from time to time. Your continued use after any published modifications constitutes your agreement to the modifications.
Certain of the Services are exclusively available to registered users located in certain states (“States Where We Operate”), namely California and New York.
In order to be eligible to use the Services, you must:
Satisfying the above requirements does not guarantee that you will be able to use the Platform and receive the Services. In addition to the eligibility requirements, Dorsal and affiliated professional entities reserve the right to modify or add new eligibility requirements at their sole discretion with or without providing prior notice to you.
Telehealth involves the provision of healthcare services through remote, electronic means. Telehealth can be involved in or used for assessment, diagnosis, treatment, follow-up care, and provision of Content, and may include (though is not limited to) any of the following:
The electronic systems used in the provision of the Services incorporate various security protocols designed to protect the privacy, security, and integrity of health information and to guard against data corruption. Please review the Consent to Telehealth available at https://www.dorsalhealth.com/consent-to-telehealth for more information on the benefits and risks of telehealth. This Consent to Telehealth is hereby incorporated into the Terms of Use by reference and constitutes a vital component of the Terms of Use.
Dorsal values confidentiality and privacy with respect to your health and medical information and understand the importance of such privacy. Please review our Privacy Policy at https://www.dorsalhealth.com/privacy-policy and the Dorsal Professionals Notice of Privacy Practices at https://www.dorsalhealth.com/notice-of-privacy-practices to understand how Dorsal, along with Dorsal Medical Group of California, P.C. and similar affiliated professional entities may use and disclose your health and medical information. This Privacy Policy and Dorsal Professionals Notice of Privacy Practices are hereby incorporated into the Terms of Use by reference and constitute vital components of the Terms of Use.
You understand that Dorsal is not engaged in the provision of any healthcare services, whether through the Platform, Services, or any other means. You understand that instead, Dorsal is engaged in the provision of a technological platform intended to facilitate the care and treatment of you by a healthcare provider employed or contracted with Dorsal Medical Group of California, P.C. or similar affiliated professional entities. The Platform and Services, and the care provided by providers employed by Dorsal Medical Group of California, P.C. or similar affiliated professional entities, is not an appropriate replacement for in-person healthcare services in all circumstances. Your understand that by choosing to undergo treatment with Dorsal Medical Group of California, P.C. or similar affiliated professional entities, you are not entering into a patient-provider relationship with Dorsal.
By entering into the Terms of Use, you acknowledge and consent to Dorsal, its affiliates, and various healthcare providers providing you disclosures, messages, reports, notices, and other communications. You acknowledge and understand that it is your responsibility to monitor and review these communications. You agree to hold Dorsal and its affiliates harmless and not liable for any loss, injury, or claim or any kind arising from your failure to review communications or comply with treatment recommendations detailed in such communications.
Healthcare providers employed or contracted by Dorsal Medical Group of California, P.C. or similar affiliated professional entities may in certain cases use the Services to provide medical advice or treatment to you. You understand that a healthcare provider assessing your case through the Services may not have access to the same degree of information as would be obtained by an in-person examination, and as such may not be aware of information that may affect his or her diagnostic or treatment opinion. To better manage the risks entailed by this limitation, Dorsal encourages you to provide all relevant information and discuss any and all potential diagnosis and treatment options with your healthcare provider. In addition, healthcare providers utilizing the Platform to deliver care may be limited by state law in terms of what medications may be prescribed without the completion of an in-person examination. You acknowledge and understand this and agree to assume the risk of such limitations. You further acknowledge and agree that (i) any diagnosis you may receive through the Platform is limited; (ii) that the healthcare services rendered through the Platform are not intended to fully replace in-person care in all cases; (iii) that a healthcare provider may lack information that would be obtained through an in-person examination and that this may impact their ability to diagnose any potential condition.
With the exception of certain specific communications from Dorsal Medical Group of California, P.C. or similar affiliate professional entities, you understand and acknowledge that none of the Content provided through the Platform constitutes medical advice.
Though components of the Platform may be accessible by any individuals, it is a requirement that you register with Dorsal and are granted an account by Dorsal with a username and password in order to use the Services. Such a user will be deemed a “Secure User”. Should you become a Secure User, you agree to provide accurate, complete, and correct information to Dorsal about yourself, and you agree to appropriately maintain and update any such information. If you neglect to properly provide, maintain, and update your information, or Dorsal has reasonable grounds to suspect such neglect, Dorsal reserves the right to suspend or terminate your account and your use of the Services, as well as the right to take any and all actions it deems appropriate to maintain the security of the Platform, Services, and the Secure User accounts. You agree to notify Dorsal via email at care@dorsalhealth.com if you become aware of any unauthorized account access or breach of security.
You agree to maintain the confidentiality of your username and password and to exit your Secure User account following each session of use, and you retain responsibility for any and all activities that occur under your account. You are responsible for altering your password if you suspect its compromise and you understand that you may not create more than one account or use other users’ accounts. You acknowledge and agree that Dorsal is not liable for any losses or damages that arise from a failure to comply with these requirements. You further acknowledge and agree that all or any part of the Platform may not be accessible at any time or duration, for any reason, and additionally that Dorsal retains no liability if for any reason any component of the Platform is unavailable or inaccessible.
Subject to these Terms of Use, we hereby grant you a personal, limited, non-exclusive, non-transferable, and revocable right to view, access, download, and utilize the Platform in the States Where We Operate and to make use of the Services for your sole personal and non-commerial use as permitted by these Terms of Use, our Privacy Policy, and the Consent to Telehealth. No other right, interest in, or title to the Platform or Services is transferred to you, and any rights not expressly granted to you are reserved by Dorsal, its affiliates, and its licensrors. Dorsal reserves the right to deny or suspend your use of the Platform at any time for any reason or no reason at all. You represent and agree that you will not, and will not attempt to accomplish yourself or assist others in any of the following activities: (i) use the Platform or Services to violate any law in any jurisdiction; (ii) reverse engineer any component of the Platform or Software; (iii) impersonate any other person or entity; (iv) engage in any malicious electronic activity such as spying on or attempting to execute a cyber attack on the Platform; (v) license, sell, transfer, or otherwise commercially exploit the Platform, Services, or Content; (vi) infringe upon the intellectual property or related rights of any party; (vii) develop competing products.
With the exception of any personal data or information you provide that is maintained in accordance with our Privacy Policy (which may be governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state privacy laws), you acknowledge and agree that any information you provide to Dorsal through the Platform or Services, whether by direct entry or any communication including email, including (but not limited to) questions, comments, and data, shall be non-confidential and non-proprietary and shall be the property of Dorsal and/or (i) Dorsal Medical Group of California, P.C., (ii) similar affiliated professional entities, or (iii) individual healthcare providers utilizing the Services.
You understand and agree that such information may be used for any purpose and without limitation, including for reproduction, solicitation, transmission, publication, and disclosure. Dorsal reserves the right to use any ideas, know-how, or techniques contained in any such information for any purpose, including without limitation marketing and product development.
To the degree permitted law, for any personal data or information subject to the foregoing exception, you: (1) understand and agree that any such information provided by you may be utilized, displayed, reproduced in any way by Dorsal, including utilization in the course of creating any derivative works, and that Dorsal may provide such data to its affiliates, service providers, successors and assigns, and to Dorsal Medical Group of California, P.C. and similar affiliated professional entities and affiliated health care providers; and (2) grant to Dorsal, along with its affiliates, service providers, our successors and assigns, including Dorsal Medical Group of California, P.C. and similar affiliated professional entities, as well as affiliated health care providers, the fully transferable and sublicenseable right and license to utilize, modify, copy, display, analyze, distribute, and otherwise disclose to third parties any information you submit on or through the Platform for the purpose of providing your services; conducting analyses of such data; and designing, implementing, developing, and modifying current, new, or future features, services and products of Dorsal using such data.
You acknowledge that as between you and Dorsal, Dorsal is the sole, exclusive owner of all right, interest in, and title to the Platform, all Content, all features, components, and functionality, and all intellectual property and intellectual property rights along with any suggestions, ideas, concepts, or feedback provided by you. You may not reproduce, copy, publish, create derivative works of, display, store, or commercially exploit any component of the Platform except as ordinarily permitted by these Terms of Use. Any reproductions, modifications, derivative works, or adaptations of the Platform or Content, along with their intellectual property and intellectual property rights, shall be owned solely by Dorsal, its affiliates and its licensors.
Various logos, names, or materials displayed on the Platform may be trademarks, trad names, logos, or service marks (“Marks”) of Dorsal or its affiliates. You acknowledge that Dorsal and its affiliates are the sole and exclusive owners of such Marks, and you understand that you are not permitted to use any Marks without express written permission from Dorsal.
Various parts of the Platform may include links or references to third-party owned and operated websites (“Linked Sites”). Such Linked Sites are not under our control, and therefore you acknowledge and agree that Dorsal is not responsible for the information, content, or services offered by any Linked Sites. You agree that your use of Linked Sites is at your own risk and that Dorsal retains no liability arising from your use of or access of Linked Sites. You further agree that Dorsal retains no responsibility for or liability arising from damages in connection with your use of third party sites that may link to Dorsal.
You acknowledge and agree that Terms of Use shall be in force for as long as you choose to access the Platform or use the Services. You may terminate the Terms of Use at any time, through the sole mechanism of ceasing to use the Platform and Services. You are not permitted to continue to use the Platform or Services if you violate the Terms of Use.
Dorsal reserves the right to suspend or terminate any rights granted by these Terms of Use, your access of the Platform, and your use of the Services, at any time for any reason or no reason at all at its sole discretion, with or without prior notice to use. The following provisions shall survive any termination or expiration of these Terms of Use for any reason: (i) Warranty Disclaimer; (ii) Limitation of Liability; (iii) Indemnification; (iv) Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; (v) No Waiver; and (vi) Assignment.
Where not otherwise required by law, Dorsal reserves the right to maintain or destroy all communications and materials uploaded to the Platform at its sole discretion. Following such termination, Dorsal will retain no obligation to provide the Services, with the exception of the extent to which an affiliated professional entity is required to provide you with access to your health records or is required to provide you with continuing care based on applicable law. You acknowledge and agree that if your use of the Services is terminated pursuant to the Terms of Use, that you will cease to attempt to access the Platform or use the Services in any way, and that you will indemnity and hold harmless Dorsal from any losses or damages that may arise as a result of your failure to comply with this provision.
YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE PLATFORM AND SERVICES AT YOUR OWN SOLE RISK. YOUR FURTHER AGREE THAT THE PLATFORM AND SERVICES ARE PROVIDED STRICTLY “AS IS” AND “AS AVAILABLE”. YOU UNDERSTAND THAT DORSAL, ITS AFFILIATES, INCLUDING ALL AFFILIATED PROFESSIONAL ENTITIES, ALONG WITH THEIR RESPECTIVE OFFICERS, MANAGERS, PARTNERS, DIRECTORS, EMPLOYEES, MEMBERS, CONTRACTORS, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO WARRANTIES OR REPRESENTATIONS AND SPECIFICALLY DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, WITH RESPECT TO THE PLATFORMS AND SERVICES. SUCH DISCLAIMER INCLUDES BUT IS NOT LIMITED TO ANY REPRESENTATIONS WITH RESPECT TO FITNESS FOR PARTICULAR USE CASES OR PURPOSES, NON-INFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, VALUE, FREEDOM FROM MALWARE, FUNCTIONALITY, SPEED, RELIABILITY, AND THIRD PARTY INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DORSAL NOR ITS AFFILIATES AND RELATED PERSONS, INCLUDING AFFILIATED PROFESSIONAL ENTITIES, RETAIN ANY LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM. YOU ACKNOWLEDGE THAT YOUR RETAIN THE RESPONSIBILITY OF EVALUATING THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, AND USEFULNESS OF THE PLATFORM. FURTHER, YOU UNDERSTAND THAT DORSAL MAKES NO GUARANTEES THAT THE PLATFORM WILL NOT BE INTERRUPTED OR IS FREE FROM ERROR, CORRUPTION, CYBER ATTACK, MALWARE, OTHER SECURITY INTRUSION, OR OTHER DEFECTS. DORSAL EXPRESSLY DISCLAIMS ALL LIABILITY RELATING TO THESE MATTERS.
YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION, CONTENT, OR MATERIAL OBTAINED THROUGH YOUR USE OF THE PLATFORM IS USED AT YOUR SOLE RISK AND THAT YOU RETAIN SOLELY RESPONSIBILITY FOR ANY DAMAGE TO YOUR ELECTRONIC DEVICES OR DATA LOSS OR CORRUPTION THAT RESULTS FROM THE DOWNLOAD OF SUCH INFORMATION, CONTENT, OR MATERIAL.
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS DETAILED IN THIS SECTION, DORSAL, ITS AFFILIATES, AND ITS LICENSORS WILL UNDER NO CIRCUMSTANCES RETAIN ANY LIABILITY TO YOU OR TO ANY OTHER PARTY FOR ANY CLAIMS, LOSSES, OR DAMAGES UNDER ANY LEGAL THEORY, WHETHER IN TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE), CONTRACTOR, STATUTE, WARRANTY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO SERVICE INTERRUPTION, ELECTRONIC DEVICE DAMAGE, SYSTEM FAILURE, LOSS OR REVENUES OR PROFITS, GOODWILL, DATA CORRUPTION, PERSONAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS OR USE OF (OR INABILITY TO ACCESS AND USE) THE PLATFORM OR SERVICES. THIS IS TRUE EVEN IF DORSAL OR RELATED PERSONS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. YOU FURTHER AGREE TO HOLD HARMLESS PRN SOFTWARE LLC, MAKER OF THE DOSESPOT ELECTRONIC PRESCRIBING SOLUTION WHICH IS USED BY AFFILIATED PROFESSIONAL ENTITIES TO PRESCRIBE TREATMENTS, FROM ANY AND ALL DAMAGES ARISING FROM THE USE OF AND BENEFIT FROM PRN’S ELECTRONIC PRESCRIBING SERVICES, REGARDLESS OF CAUSE OR LEGAL THEORY BEHIND THEM.
To the extent that we may not disclaim any implied warranty or limit liabilities due to applicable law, you agree that the scope and duration of such warranty and liability shall be the minimum permitted by applicable law.
Indemnification. You agree to hold harmless, indemnify, and defend Dorsal and its affiliates, including all affiliated professional entities, any subsidiaries, along with their directors, employees, shareholders, officers, contractors, vendors, licensors, suppliers, representatives, partners, servants, agents, principals, assigns, attorneys, accountants, predecessors, and successors from and against any and all third-party suites, claims, actions, damages, settlements, proceedings, judgments, injuries, liability, losses, risks, obligations, costs and expenses (including any reasonable legal fees) related to your use of any component of the Platform in an unauthorized or unlawful manner or in a manner which does not comply with these Terms of Use.
Platform and service modifications. You understand and acknowledge that Dorsal reserves the right to modify or temporarily or permanently discontinue the Platform or Services (or any of their components) at any time, for any reason or no reason at all, with or without notice. You agree that Dorsal retains no liability to you or to another party related to such a modification or discontinuance.
Pharmacy services. Should you receive a prescription during the course of being served the Services, you may select one of our partner pharmacies (collectively the “Dorsal Pharmacy Network”) to fulfill and ship your prescription. You give us your consent and permission to send and disclose to the Dorsal Pharmacy Network all information provided by you, your health records, and other applicable healthcare information and personal information (such as your identity, demographic information, and location information) so that you can receive the pharmacy services. Our current partner pharmacy network consists of HealthWarehouse.com. HealthWarehouse.com is located at 7107 Industrial Rd, Florence, KY 41042 and can be contacted at 1-800-748-7001.
Restrictions on packaging and fulfillment. Should you use the Dorsal Pharmacy Network to fulfill any prescriptions provided to you during the course of being served the Services, you acknowledge and understand that any medication, if approved, will not be shipped in child-resistant packaging and that it is your responsibility to keep it out of the reach of children.
Payment. You agree to promptly provide payment for services when requested. You will see a prompt for your payment information, such as your credit card information. By entering the information and submitting your request, you authorize us, our affiliates, and third-party payment processors to charge you in the amount due.
You accept that you are responsible for all fees due as part of receiving healthcare services and pharmacy services, including payment due to healthcare organizations including affiliated professional entities and healthcare providers. Your payments to Dorsal may include fees attributable to healthcare organizations including affiliated professional entities and fees attributable to pharmacy service providers, in cases in which Dorsal collects payment on behalf of these entities. Healthcare and pharmacy services not provided as part of the Services are not collected by Dorsal and you understand that you may incur separate charges by the relevant service providers for such services. Should your credit card expire or should Dorsal, our affiliates, or our third-party payment processors be unable to process your payment, you may receive notice to provide an alternative payment method, which you agree to provide promptly. Dorsal and its affiliates, including affiliated professional entities and pharmacy service providers, incur no obligation to render services or provide products until and unless full payment is received and verified.
Special notice to Medicare and Medicaid beneficiaries. Federal and state healthcare programs such as Medicare and Medicaid will in certain circumstances not pay for all healthcare costs, even for healthcare services which you and your healthcare provider believe are appropriate. If you are the beneficiary of such a federal or state healthcare program, and such program will not pay for services or products provided to you during the course of being served the Services, you agree and acknowledge that you will pay directly for these services and products, irrespective of your insurance coverage or lack thereof.
PLEASE REVIEW THIS SECTION THOROUGHLY, AS IT REQUIRES YOU AND DORSAL TO RESOLVE ANY DISPUTES BETWEEN US USING BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH RELIEF MAY BE SOUGHT BY YOU FROM DORSAL.
You acknowledge and accept that these Terms of Use and your access to and use of the Platform and Services shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. You further agree that any dispute relating to these Terms of Use shall be resolved solely by final and binding arbitration in New York, New York, under the rules of the American Arbitration Association, with the sole exception that either party may bring a claim relating to intellectual property or intellectual property rights, or seek temporary specific injunctive relief, in any court of competent jurisdiction. You agree that courts located in New York, New York shall have sole subject matter jurisdiction, personal jurisdiction, and venue for such any such claim.
At all times, all parts of these Terms of Use are in force and shall apply to the maximum extent permitted by applicable law. You agree that if a component of this contract is unenforceable as currently written, then that component will be replaced with enforceable language that most closely matches the intent of the component. The invalidity or unenforceability of any component of these Terms of Use shall not affect the validity and enforceability of the remaining components. Section headings are included for ease of understanding only and do not have any effect.
No waiver provided to you by Dorsal of any component of these Terms of Use shall constitute a waiver of any other component of these Terms of Use. You understand that failure of Dorsal to assert any of its rights or provisions detailed in these Terms of Use does not constitute a waiver of said rights or provisions.
These Terms of Use, the Content, the Platform, or any component of the Services do not create any partnership, employment, joint venture, or agency relationship between us and you. You understand and accept that you may not enter into any contract or binding agreement on our behalf.
You agree and accept that any violation, attempted violation, or threatened violation on your part of any component of these Terms of Use constitutes an unlawful and disallowed business practice that will result in irreparable, unquantifiable harm done to us. You agree that monetary damages may be inadequate for such harm and provide permission for us to obtain any injunctive or equitable relief that we assess is appropriate. These remedies exist in addition to any other remedies we may potentially have at law.
You understand and accept that you do not have the right to assign any of your rights under these Terms of Use, and any such assignment or attempted assignment shall be null and void. You further agree that Dorsal Medical Group of California, P.C. and similar affiliated professional entities may, at their sole individual discretion, transfer without further consent or notification all of their contractual rights and obligations pursuant to these Terms of Use in the event that all or a portion of the business of Dorsal is transferred to another entity by sale of assets, merger, or other means.
You understand and accept that Dorsal reserves the right to remove any content or material available on the Platform at any time for any reason or no reason at all, at its sole discretion. Dorsal otherwise complies with the components of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. In this section, we detail the procedure through which a notification of alleged copyright infringement can be filed with Dorsal.
If you have object to copyrighted content or material made available on the Platform, you may send a notification to the following address:
care@dorsalhealth.com
Any notification to Dorsal alleging copyright infringement under 17 U.S.C. § 512(c) must include the following:
