Effective date: 25/04/2016
Welcome to temed.com (the “Site”). Temed.com is a product of, and is provided to you by tEMed Holdings (“tEMed”). tEMed provides internet healthcare resources to connect individual with participating physicians, which involves the use of electronic communications for the purpose of improving patient care. tEMed does not provide any physician services itself.
Use and Acceptance
tEMed provides you with access to the Site, and the services provided through the Site (the “Services”). By entering and using the Site, you signify your acceptance of the Terms herein. If you do not agree with these Terms, you may not enter, access, or otherwise use this Site. tEMed reserves the right to modify the Terms periodically, for any reason, and without notice. It is recommended that you read the Terms before use of the Site to ensure you have not missed any changes to the Terms. Your continued use of the Site following any changes to the Terms signifies your acceptance of those changes. tEMed has the right to limit, suspend, discontinue or deny your access and use of the Services at any time, and without notice, to anyone who violates these Terms as tEMed considers appropriate or necessary in its sole discretion.
Not Medical Advice
tEMed is not engaged in the practice of medicine, whether by and through this Site or otherwise. Neither the information contained in this Site, nor any of the Services, constitutes the practice of medicine or medical advice.
You and your physician are solely responsible for all information and/or communication sent during a teleconsultation or other communication.
You acknowledge that your use of the Site and its Services is at your sole risk, and that you assume full responsibility therewith. All information, products or Services contained or provided through this Site are provided “As Is” and “As Available” without any warranty of any kind, express or implied. tEMed and its owners, affiliates, directors, officers, managers employees or other representatives (collectively, “tEMed Parties”) hereby expressly disclaim all warranties, of any type, kind, nature or description whatsoever, whether express or implied, statutory or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus strains. Without limiting the foregoing, tEMed and the tEMed Parties make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services provided hereunder. tEMed makes no representations or warranties about: the satisfaction of government regulations requiring disclosure of information on prescription drug products; or any treatment, action or application or preparation, of medication based on information offered or provided through the Site and its Services.
tEMed does not endorse the promotions, products, or services of any third parties. tEMed does not warrant or validate the information of any third party advertisements, promotions, communications or other materials. tEMed does not assume any responsibility or liability for the accuracy of information contained in this Site or any third party web sites.
Legal Notices and Disclaimers
tEMed makes no representation or warranty as to the content of any treatment response from any Provider. Providers are independent contractors and not employees of tEMed. You and your physician are solely responsible for all information and/or communication sent during a video/telephone/email consultation or other communication. tEMed does not guarantee that a video/telephone/consultation is the appropriate course of treatment for your particular health care problem. Furthermore, tEMed not a substitute for you primary care. You agree to contact your physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.
No information found on this Site should be relied on as professional medical advice. Nothing contained in this Site should be construed, directly or indirectly, as the practice of medicine or providing medical services by tEMed. The information and Services provided on or through this Site are intended solely to provide a mechanism to find and connect you to a participating physician who, subject to his or her professional responsibilities, may or may not provide you with medical care. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding and medical condition, and before starting, stopping or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site. tEMed makes no warranties or representations as to the accuracy of the information provided on the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and information contained in the Site.
Service Reliability and Warranties
tEMed makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected. This includes loss of data resulting from delays, and any service interruption caused by tEMed employees. tEMed is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers. tEMed will take all necessary precautions to protect against failure of our equipment and software. You acknowledge and agree that temporary interruptions in service may occur, and that tEMed shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. You acknowledge and agree that data may be lost or corrupted in connection with use of the Services. tEMed may perform regular back-ups of all data stored, but shall not be liable in the event all data is lost or destroyed. You acknowledge and agree that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.
Limitations on Use
You agree that you will not use the Services for any service that must be provided to you by your regular physician as a follow up to an in-office visit, at no additional charge to you or your health care plan, as required by your health care plan. You will not use the Site or Services in any unlawful way and/or for any unlawful purpose. You will not post or transmit a message under a false name, or use the network resources of tEMed to impersonate another person or misrepresent authorization to act on behalf of others or tEMed. All messages transmitted via tEMed should correctly identify the sender. You may not alter the attribution of origin in electronic mail messages or posting. You will not allow another person or entity to use their account, username or password to access or use the Services, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of tEMed or any of the tEMed Parties, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect PHI about any other individual who uses the Service. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Site or the Services. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Site. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.
You further agree that any information you provide or use on the Site, and your use of the Site or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
tEMed maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
tEMed reserves complete and sole discretion with respect to the operation of the Services. tEMed may, among other things withdraw, suspend or discontinue any functionality or feature of the Services. tEMed is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. tEMed is not responsible for maintaining information arising from use of the Site or in respect of the Services. tEMed reserves the right to maintain, delete or destroy all communications and information posted or uploaded to the Services in accordance with its internal record retention and/or destruction policies.
Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:
TEMED SHALL NOT BE LIABLE FOR THE ACTS OR OMMISSIONS OF ANY OF THE INDEPENDENT PROVIDERS.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO TEMED AND ITS SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD. TEMED DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SERVICES.
IN NO EVENT SHALL TEMED OR THE TEMED PARTIES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) THE MONTHLY OR ANNUAL SUBSCRIPTION RATE PAID UNDER YOUR PLAN, OR (ii) IN THE EVENT NO PURCHASE WAS PAID OR REQUIRED, THE LIQUIDATED SUM OF $50.00. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TEMED NOR ANY OF THE TEMED PARTIES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (i) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, OR (ii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TEMED RECORDS, PROGRAMS OR SERVICES, AND WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED THROUGH THIS SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TEMED IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT TEMED’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
Intellectual Property Rights
The names “tEMed” and “tEMed.com” are proprietary trademarks and service marks of tEMed Holdings. The contents of the Site, including but not limited to text, graphics, images, and software (“Content”), are protected by copyright under both United States and foreign laws, and tEMed retains all right, title, and interest in and to the Content, all copies thereof; and all copyrights and other proprietary rights therein. You may not modify, sell, assign, or transfer the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose or otherwise. You may not reverse-engineer, disassemble, or decompile any software included in the Content. Content is subject to change without notice at the discretion of tEMed.
Temporary Use License Granted
Links to other Websites
The Site may link to other websites which are not within our control. We do not make any representations or warranties about any website you may access through the Site. They are independent from us, and we have no control over, or responsibility for, their information or archives. Once you leave the Site, we cannot be responsible for the protection and/or privacy of any information you provide. Make sure you understand any website’s privacy policies before providing personal information.
In order to access this Site and Services, you represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or minor child of whom you are the parent or legal guardian, to agree to these Terms, to use the Services in accordance with the Terms and abide by the obligations hereunder.
This Site is directed to adults; it is not directed to children under the age of 13. We operate the Site in compliance with the Children’s Online Privacy Protection Act, and will not knowingly collect or use personal information from anyone under 13 years of age, without requiring consent from a parent or legal guardian.
If for any reason any provision of these Terms is determined to be unenforceable or invalid, such provision or such part thereof as may be unenforceable or invalid will be deemed severed from the Terms, and the remaining provisions of the Terms of Service will be carried out with the same force and effect as if the severed provision or part thereof had not been a part of the Terms.
No waiver of any of these Terms will be deemed a further or continuing waiver of any of the Terms or any other term, condition policy or rule included in the Site.
Waiver of Jury Trial
These Terms (as amended from time to time) constitute the entire agreement between you and tEMed regarding your use of the Site and supersedes any other agreement or understanding, whether written or oral, between you and tEMed with regard to the subject matter of the Terms of Service.