By continuing to use the Services, You agree as follows:
- You are at least 18 years old or have been legally emancipated;
- You are using the Services only while you are located in the State of Hawaii;
IF YOU DO NOT AGREE WITH AND ACCEPT THESE TERMS, DO NOT LOG INTO THE APP AND IMMEDIATELY DELETE ALL FILES, IF ANY, ASSOCIATED WITH THE ACCOMPANYING SERVICES AND MATERIALS FORM YOUR COMPUTER OR MOBILE DEVICE.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TELEMEDICX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. BY CONTINUING TO USE THE APPLICATION, AND UNLESS YOU OPT-OUT, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING email@example.com WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
VERSION VALID AS OF DECEMBER 2020 Version 1
IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.
WHAT IS TELEMEDICX?
We do NOT provide medical advice
TeleMedicX provides the Services as a software platform only. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. TeleMedicX is not a medical professional, and TeleMedicX does not provide medical services or render medical advice. If You have questions regarding the medical advice you receive from a healthcare professional through the App, You should directly contact that healthcare professional.
If at any time You are concerned about Your care or treatment, or You believe that You or someone else has a serious or life-threatening condition, call 9-1-1 immediately in areas where that service is available, or go to the nearest open clinic or emergency room.
WHO IS ELIGIBLE TO USE TELEMEDICX?
By registering for an account and using the Services, You represent and warrant:
- That You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law or you are the parent or legal guardian of a minor and are authorized to enter into a contract for the benefit of the minor receiving the Services;
- Your registration data is true, accurate, current, and complete;
- You will update Your registration data as needed to maintain its accuracy;
- You are authorized to create an account; and
- You are legally authorized to view health information and all other information that you view via TeleMedicX.
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.
HOW WILL TELEMEDICX TELL ME IF THEY CHANGE THESE TERMS?
With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included at the end of these Terms, TeleMedicX reserves the right to change or modify these Terms at any time without prior notice to You. If we change or modify these Terms, we will let You know by (1) posting a new version of the Terms to the App; and/or (2) posting a change notice on our Website and/or Application.
If You continue to use the Services after we have let You know that we have made changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Services and delete all files associated with the Services on Your computer and/or mobile device.
WHO OWNS THE TELEMEDICX SERVICES?
TeleMedicX owns the Services and the App. Subject to Your compliance with these Terms, TeleMedicX grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services by downloading and installing the App. THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. You may not use the Services for any other purpose than what is allowed under these Terms without TeleMedicX’s express written permission.
You may not use TeleMedicX’s name, trademarks, service marks, or logos, or those of third parties appearing on the Services in any advertising or publicity or to otherwise indicate TeleMedicX’s or such third-party’s sponsorship or affiliation with any product or service without express written permission from TeleMedicX or such third-party.
WHAT AM I PROHIBITED FROM DOING WITH THE SERVICES?
TeleMedicX imposes certain restrictions on Your use of the Services. While using the Website, App, or Services, You shall not:
- provide false, misleading or inaccurate information to TeleMedicX or any other user;
- impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
- use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites;
- access content or data not intended for You, or log onto a server or account that You are not authorized to access;
- violate any applicable law or regulation;
- attempt to probe, scan, or test the vulnerability of the Services, the Website, the App, or any associated system or network, or breach security or authentication measures without proper authorization;
- interfere or attempt to interfere with the use of the Website, the App or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
- forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Services;
- post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TeleMedicX, You, or any other third-party (including another user) to protect the Services;
- attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by TeleMedicX in providing the Website or App. Any violation of this section may subject You to civil and/or criminal liability; or
- encourage or enable any other individual to do any of the above.
TeleMedicX is not obligated to monitor Your use of the Services, but We may do so to ensure Your compliance with these Terms, and to respond to law enforcement or other government agencies if and when we are required to. TeleMedicX reserves the right to suspend or terminate Your use of the Services without notice to You if You partake in any of the prohibited uses described above.
WHO PROTECTS MY LOGIN INFORMATION?
You will create a username and password to use to access Your account. You are responsible for maintaining the confidentiality of Your password. You may not use the account, username, or password of any other user at any time. You agree to notify TeleMedicX immediately of any unauthorized use of Your account, username, and/or password. TELEMEDICX WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. You may be held liable for any losses incurred by TeleMedicX, its affiliates, officers, directors, employees, consultants, agents, and/or its representatives due to someone else’s use of Your account or password, regardless of whether You were aware of such use.
HOW DOES TELEMEDICX PROTECT MY PRIVACY?
We are not responsible for nor liable to You or any third-party for a healthcare provider’s treatment of Personal Data, including any collection, use, disclosure, storage, loss, theft or misuse of the Individual’s Personal Data, whether or not such treatment violates applicable law or the Provider’s Notice of Privacy Practices.
COMPUTER EQUIPMENT AND INTERNET ACCESS
You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for You to access and use the Services. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.
HOW DO I OPT-OUT OF RECEIVING EMAILS FROM TELEMEDICX?
In providing the Services, You may receive periodic email communications regarding the Services, new product offers and information regarding the Services, which are part of the Services and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials TeleMedicX believes might be of interest to You. You can opt-out of receiving these promotional messages at any time by (a) following the unsubscribe instructions contained in each newsletter; or (b) changing the email preferences in Your account.
LINKS TO OUTSIDE THIRD-PARTY WEBSITES & SERVICES
The Services may contain links to third-party websites or services that we do not own or control (“Third-Party Websites”). TeleMedicX does not have control over, and we assume no responsibility for, the content and performance of Third-Party Websites. ACCORDINGLY, TELEMEDICX DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION, MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. TELEMEDICX WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF OR RELIANCE ON THIRD-PARTY WEBSITES.
THIRD-PARTY SERVICES WITHIN THE APP AND WEBSITE
Certain features, aspects, products and services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”). Use of Third-Party Services may be subject to additional terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, YOU MAY NOT USE THE RELATED THIRD-PARTY SERVICES.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules, and TeleMedicX policies and procedures. Specifically, You represent and warrant that You are legally authorized to view the Individual’s Personal Data and health information.
WARRANTY DISCLAIMERS & LIMITATION OF LIABILITY
THE APP AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TELEMEDICX EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR MATERIALS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
YOUR RESPONSIBILITY FOR OUR LOSS OR DAMAGE
YOU AGREE THAT YOUR USE OF THE APP AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD TELEMEDICX OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA.
YOUR RESPONSIBILITY TO BACKUP YOUR DATA
THE APP AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
LIMITATION OF LIABILITY
NEITHER TELEMEDICX, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TELEMEDICX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IF YOU ARE NOT SATISFIED WITH THE APP OR SERVICES, YOU SHOULD DISCONTINUE USING THEM – THIS IS YOUR ONLY REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TELEMEDICX’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00. YOU MUST BRING ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES OR MATERIALS WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE.
You agree to indemnify, defend and hold harmless TeleMedicX, its clients, and its suppliers and their respective afﬁliates, employees, ofﬁcers, directors, agents, servants and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) arising out of or in any way connected with Your access to or use of the Website, App, or Services, Your violation of this Agreement, or any negligent or wrongful conduct by You or related to Your account by You or any other person accessing the Website, App or Services through Your account, regardless of whether You were aware of such use.
These Terms are governed by the laws of the State of Hawaii without regard to its conflict of laws principles. The courts of the State of Hawaii have jurisdiction over any action arising under these Terms or Your use of the Services.
HOW AND WHEN CAN MY ACCOUNT BE TERMINATED?
If You breach any of these Terms, we may suspend or disable Your account or terminate Your access to the Website, App, or Services without prior notice to You. There may be other instances where We may need to terminate Your access to the Website, App, or Services that are not related to any of Your actions or inactions. We reserve the right to terminate Your access to and use of the Website, App, or Services and materials at any time, with or without cause.
If You wish to terminate Your account, please contact TeleMedicX at firstname.lastname@example.org, immediately discontinue Your use of the Services, and delete all files associated with the Services from Your computer or mobile device.
HOW DO I PROVIDE FEEDBACK AND WHO OWNS IT?
We welcome and encourage You to provide us with feedback, comments, and suggestions for improvements to the Website, App, or Services (“Feedback”). You may submit Feedback by emailing us at email@example.com. If You submit any Feedback to us, we will own all intellectual property rights in such Feedback and may use such Feedback for any lawful purpose.
All notices required or permitted to be given under these Terms must be in writing. TeleMedicX shall give any notice by email sent to the most recent email address, if any, that You have provided to Us. You agree that any notice received from TeleMedicX electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH TELEMEDICX IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY TELEMEDICX OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.
You shall give any notice to TeleMedicX by means of: (1) U.S. mail, postage prepaid, to TeleMedicX, 266 Opihikao Way Honolulu, Hawaii 96825, or (2) email to: firstname.lastname@example.org. Notice to TeleMedicX shall be effective upon receipt of notice by TeleMedicX.
GENERAL CONTRACT LANGUAGE
If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by these a Terms are materially preserved.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
Nothing in these Terms creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.
*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*
Most user concerns can be resolved quickly and to Your satisfaction by emailing TeleMedicX support at email@example.com. In the unlikely event that our support team is unable to resolve a complaint You may have (or if TeleMedicX has not been able to resolve a dispute it has with You after attempting to do so informally), including but not limited to any alleged breach of these Terms, You and TeleMedicX agree to resolve the dispute through binding arbitration in the State of Arizona before a single arbitrator, in accordance with the rules and procedures of the American Arbitration Association and the laws of the State of Arizona. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that does not win the dispute.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute.
This agreement to arbitrate will not preclude You or TeleMedicX from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or TeleMedicX from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN ARIZONA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
HOW DO I CONTACT TELEMEDICX?
TeleMedicX is headquartered in Honolulu, Hawaii in the United States of America.
Specific questions and comments should be directed to the appropriate department via email to firstname.lastname@example.org. While we make every effort to respond to emails within 1 week of receiving them, we cannot guarantee a response to every electronic communication.
You may also contact us via postal mail at:
266 Opihikao Way
Honolulu, Hawaii 96825