Terms of Service

Terms of Use 31 January 2020.USE OF THE WEBSITE. Essential Telemed, LLC (“we “, “us”, or “our “, “Essential”, “Telemed”), operates this Essential Telemed mobile website(the “website. Through the website we offer a self-pay online telehealth service (the “Service “) that lets people get a telemedicine consultation. Our nurse practitioners are licensed to practice in your state. If appropriate, our nurse practitioners will send a prescription to a pharmacy licensed in your state, you agree to these Terms of Use, the Consent to Telehealth, and the Privacy Policy that appear on the Website. If you do not wish to be bound by these Terms of Use, you may not use the Website. Essential Telemed, LLC does not provide any medical services. Essential Telemed, LLC can store a request for medical services and forward that request to a licensed medical provider in your state. After you make a request through the Website, Essential Telemed will nominate one or more nurse practitioners to work on your request. Those nurse practitioners are third-party beneficiaries of this Agreement. 2. ‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM. The Website is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system. Using the Website on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure. You may compromise your protected health information if you use the Website on a mobile phone that has been modified. Use of the Website on a mobile phone with a modified operating system is a material breach of these Terms of Use. 3. WEBSITE CONTENT. Other than the personalized content we send you through an in-website message, you should not consider content on the Website to be medical advice . 4. USER ACCOUNTS. When you register on the Website, you need to create an account (“Account “) by entering your name, email address, password, and certain other information we collect. You may not transfer or share your Account password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. You are responsible for changing your password promptly if you think it has been compromised. To change your password go into ‘Account’ within the Website. We reserve the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website and your Account. You may not use anyone else’s account at any time. 5. ACCESS RIGHTS. We hereby grant to you a limited, non-exclusive, non-transferable right to access the Website from a mobile phone located in the Essential Telemed service area and to use the Service solely for your personal non-commercial use and only as permitted under these Terms of Use, Consent to Telehealth, and the Privacy Policy. We reserve the right, in our sole discretion, to deny or suspend use of the Website to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Website to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Website; (d) distribute viruses or other harmful computer code through the Websiteor (e) otherwise use the Websitein any manner that exceeds the scope of use granted above . 6. OWNERSHIP. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned or used under license by Essential Telemed and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website except as generally and ordinarily permitted through the Website according to these Terms of Use. You must not access or use for any commercial purposes any part of the Website. 7. TRADEMARKS. Certain names, logos, and other materials displayed on the Website may constitute trademarks, trade names, service marks or logos (“Marks “) of Essential Telemed or other entities. You are not authorized to use any such Marks without the express written permission of Essential Telemed. Ownership of all such Marks and the goodwill associated therewith remains with us. 8. TERMINATION. Essential Telemed may suspend or terminate your use of the Website for any reason at any time. Subject to applicable law, Essential Telemed reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or content destruction policies. After such termination, Essential Telemed will have no further obligation to provide the Service, except to the extent we are obligated to provide you access to your health records or we are required to provide you with continuing care under our applicable legal, ethical and professional obligations to you. 9. RIGHT TO MODIFY. We may at our sole discretion change, add, or We may at our sole discretion change, add, or delete portions of these Terms of Use at any time on a going-forward basis. Continued use of the Website following notice of any such changes will indicate your acknowledgments of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes. 10. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. Essential Telemed EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON.INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, AND SYSTEM INTEGRATION . 11.LIMITATION OF LIABILITY. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Essential Telemed OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OF THE WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law . 12.INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Essential Telemed, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees (“Claims”), resulting from, or alleged to result from, your violation of these Terms of Use. 14.MISCELLANEOUS. These Terms of Use and your use of the Website shall be governed by the laws of the State of Florida, without giving effect to the principles of conflict of laws. Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in Florida 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 Florida, for any action related to these Terms of Use. You understand that by checking the “agree” box for these Terms of Use and/or any other forms presented to you on the Site you are forms presented to you on the Site you are agreeing to these Terms of Use and that such action constitutes a legal signature. No waiver by Essential Telemed of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Essential Telemed to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. The Digital Millennium Copyright Act of 1998 (the “DMCA “) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Essential Telemed, LLC, or by email to essentialtelemed@gmail.com Consent To Telehealth Before you give your consent, please make sure you understand how using Essential Telemed, referred to as “Essential Telemed”, both the native app, and the mobile web experience, to obtain care differs from the traditional doctor’s office. The service is provided by Essential Telemed, LLC. Essential Telemed does not provide any medical services. Essential Telemed partners with local nurse practitioners to give them the infrastructure to practice telemedicine. Our nurse practitioners are third-party beneficiaries of this Agreement. NOT FOR EMERGENCIES I understand that I should never use the Website in an emergency. I understand that in an emergency, I should dial 911 or go to an emergency department. NURSE PRACTITIONER-PATIENT RELATIONSHIP I understand that the nurse practitioner has the right to refuse to take responsibility for my care if the nurse practitioner makes a professional judgment that I am not a good candidate for this service. I understand that making a request for treatment (by completing a visit and making payment) or sending a message through the Website does not in and of itself create a duty of care or create a nurse practitioner-patient relationship. I understand that the nurse practitioner will take responsibility for my care only after the nurse practitioner has reviewed my request for treatment, reviewed all my information, and then subsequently determined that I am a good candidate for the telehealth services. I understand that there may be a delay until a nurse practitioner reviews and responds to any messages I send. RISKS TO ELECTRONIC HEALTH INFORMATION I understand that the electronic nature of the Website means that there’s a greater risk to the privacy of my health information compared to visiting a traditional nurse practitioner’s office. I understand that although Essemtial Telemed implements a wide range of administrative, physical, and technical safeguards to protect my health information, Essential Telemed cannot guarantee the privacy and confidentiality of my health information. For more details about how Essential Telemed protects your health information, see our Privacy Policy.