TERMS OF USE

  1. ACCEPTANCE OF TERMS

We offer online telehealth or telemedicine services (the “Services”) which allows our Users (“Users”) to report their health history and engage healthcare professionals (“Providers”) to obtain medical and healthcare assistance. The services that Teledoctors of America LLC (“Teledoctors of America”) provides to User are subject to the following Terms of Use (“TOU”). Teledoctors of America LLC reserves the right to update the TOU at any time without notice to User.

 

1.1 This Agreement, which incorporates by reference other provisions applicable to use of Teledoctorsofamerica.com, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in Teledoctorsofamerica.com, sets forth the terms and conditions that apply to use of Teledoctorsofamerica.com by User. By using Teledoctors of America (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use Teledoctorsofamerica.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.

 

1.2 Teledoctors of America shall have the right at any time to change or discontinue any aspect or feature of Teledoctorsofamerica.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

 

  1. Changed Terms

Teledoctors of America shall have the right at any time to change or modify the terms and conditions applicable to User’s use of Teledoctorsofamerica.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Teledoctorsofamerica.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Teledoctorsofamerica.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

 

  1. DESCRIPTION OF SERVICES AND INFORMED CONSENT

 

Through its Web property, Teledoctors of America provides User with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

 

3.1 What is Telehealth/Telemedicine?

 

Telehealth/Telemedicine is the delivery of health care services using interactive audio and video technology, where the patient and the health care professional are not in the same physical location.

 

3.2 What is informed consent?

 

Informed consent is the process by which the treating health care provider discloses appropriate information to a competent patient so that the patient may make a voluntary choice to accept or refuse treatment. During your consultation with a Provider, details of your health history and personal health information may be discussed with you through the use of interactive video, audio and other telecommunications technology, and your Provider may perform a physical examination through these technologies.

 

As with any health service, there are potential risks associated with the use of telemedicine. These risks include without limitation the following:

 

  • Insufficient details transmitted to Provider;
  • Electronic equipment failure that causes delay in evaluation or treatment.
  • Lack of access to all of your health records and medical history.
  • Whenever you provide personal information on the Internet there is always a risk that it may be intercepted and used by third parties outside of our control. Although we make every effort to protect your personal information and privacy, we cannot guarantee the security of the

information you make available over the Internet.

  • no results can be guaranteed or assured.

 

 

  1. Equipment 

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Teledoctorsofamerica.com and all charges related thereto.

 

 

  1. User Conduct

 

5.1 User shall use Teledoctorsofamerica.com for lawful purposes only. User shall not post or transmit through Teledoctorsofamerica.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Teledoctors of America ‘s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Teledoctors of America’s discretion restricts or inhibits any other User from using or enjoying Teledoctorsofamerica.com will not be permitted. User shall not use Teledoctorsofamerica.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Teledoctors of America.

 

5.2 Teledoctorsofamerica.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Teledoctorsofamerica.com are copyrighted as a collective work under the United States copyright laws. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Teledoctors of America and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

 

5.3 User shall not upload, post or otherwise make available on Teledoctorsofamerica.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Teledoctorsofamerica.com, User automatically grants, or warrants that the owner of such material has expressly granted Teledoctors of America the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants Teledoctors of America the right to edit, copy, publish and distribute any material made available on Teledoctorsofamerica.com by User.

 

 

  1. USE OF SERVICES

 

The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with the Healthcare Provider (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

 

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including email addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

 

Teledoctors of America has no obligation to monitor the Communication Services. However, Teledoctors of America reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Teledoctors of America reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Teledoctors of America reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Teledoctors of America’s sole discretion.

 

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

 

Always use caution when giving out any personally identifiable information in any Communication Services. Teledoctors of America does not control or endorse the content, messages or information found in any Communication Services and, therefore, Teledoctors of America specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services.

 

 

  1. USER ACCOUNT, PASSWORD, AND SECURITY

 

User must complete the registration process by providing Teledoctors of America with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Teledoctors of America immediately of any unauthorized use of User’s account or any other breach of security. Teledoctors of America will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Teledoctors of America or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder. Any user under the age of 18 must be registered under the patient’s parent or legal guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.

 

  1. DISCLOSURES

 

All healthcare professionals on this platform hold professional licenses issued by the professional licensing boards in the jurisdiction where they practice. You can report a complaint relating to services provided by a Provider by contacting the professional licensing board in the state where the services were received. Any clinical records created as a result of your use of the Site will be securely maintained by Teledoctors of America on behalf of your Provider(s) for a period that is no less than the minimum number of years such records are required to be maintained under state and federal law, and which is typically at least six years.

 

 

 

 

  1. MATERIALS PROVIDED TO TELEDOCTORS OF AMERICA OR POSTED AT ANY OF ITS YOUR WEBSITE ADDRESSS

 

Teledoctors of America does not claim ownership of the materials User provide to Teledoctors of America (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the Users of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission User is granting Teledoctors of America, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Teledoctors of America Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of User’s Submission, as provided herein. Teledoctors of America is under no obligation to post or use any Submission User may provide and Teledoctors of America may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.

 

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all Users of User’s private community (for each such Images available to Users of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.

 

 

  1. Disclaimer of Warranty; Limitation of Liability

 

10.1 USER EXPRESSLY AGREES THAT USE OF TELEDOCTORSOFAMERICA.COM IS AT USER’S SOLE RISK. NEITHER TELEDOCTORS OF AMERICA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT TELEDOCTORSOFAMERICA.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF TELEDOCTORSOFAMERICA.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH TELEDOCTORSOFAMERICA.COM.

 

10.2 TELEDOCTORSOFAMERICA.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

 

10.3 THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT TELEDOCTORS OF AMERICA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

 

10.4 IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, TELEDOCTORS OF AMERICA, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN TELEDOCTORSOFAMERICA.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

 

 

  1. LINKS TO THIRD PARTY SITES

 

THE LINKS IN THIS AREA WILL LET YOU LEAVE TELEDOCTORS OF AMERICA’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF TELEDOCTORS OF AMERICA AND TELEDOCTORS OF AMERICA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. TELEDOCTORS OF AMERICA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. TELEDOCTORS OF AMERICA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY TELEDOCTORS OF AMERICA OF THE SITE.

 

 

  1. Indemnification 

User agrees to defend, indemnify and hold harmless Teledoctors of America, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Teledoctors of America by User or User’s Account.

 

 

  1. Termination 

Either Teledoctors of America LLC or User may terminate this Agreement at any time. Without limiting the foregoing, Teledoctors of America LLC shall have the right to immediately terminate User’s Account in the event of any conduct by User which Teledoctors of America LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

 

 

  1. Miscellaneous

This Terms of Use along with the Legal Disclaimer and Privacy statement for Teledoctorsofamerica.com established by Teledoctors of America constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction, without the posting of bond or other security. The parties agree to the personal and subject matter jurisdiction and venue of the courts located in Arizona, for any action related to these Terms of Use.

 

 By accessing and using Teledoctors of America LLC telemedicine’s platform, you have agreed to be bound by the following rules and conditions:

1) Access to our Platform and Services

You have agreed that your access to the Teledoctors of America LLC telemedicine portal is for the sole purpose of providing or seeking medical services not as a way of collecting information for the purpose of a research or any other use without obtaining a prior written authorization from the affected parties. Otherwise, any behavior contrarily to the stated rule constitutes a violation of our patients’ privacy as afforded to them by the HIPAA law and may be prosecutable in a court of law.

2) Electronic Exchanges or Communications

During the course of a consultation, there might be an instant where there is an electronic exchange between a patient and a medical provider in the form of videos, text messages, images, e-mails and so forth. Such exchanges are considered to be a part of the consultation process and should not be used in any manner contrarily to the intended purpose.

3) Medical Practitioners

The medical providers who you might see via our platform are licensed US trained independent contractors using the Teledoctors of America LLC telemedicine platform for the purpose of providing medical services or advice to those who need their assistance. They are by no means employees of Teledoctors of America and any interactions that you might have with them should be treated as like any other professional relationship between a patient and a medical practitioner.

4) Payment for Services

Any payment made for a service rendered will be used to pay the medical provider and the cost associated with the electronic delivery of such service to the patient. Therefore, the patient should expect his or credit card to be charged for the appropriate amount of the service provided.

5) Warranties or Guarantees

We do not warranty that our platform may work in some situations a hundred percent as expected neither having a consultation with our independent providers may immediately cure you medical ailments. As with any other disease conditions, you may have to seek several medical assistance including seeing a specialist to resolve your medical issues.

6) Security of the System

We have implemented rigorous and a stringent HIPAA compliant security protocols in our system such as internal and external safeguards and various layers of encryption. No one is allowed to temper with the security of our system by creating fictitious login credentials so as to access our portal. Such a violation, if detected, is prosecutable in a court of law.
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