Telemedicine, and Telemedicine Application Platform
Terms of Use
(Updated January, 2025)
These Terms of Use govern the use of the
Website at Telemedicine.com and any successor website thereto
(collectively, the “Website”), the mobile application Telemedicine.com or T.com
(the “App”) and use of any services provided by Telemedicine.com, LLC (“Telemedicine”),
by you or those who act on
your behalf. The viewing of the Website and the App or the use of the services
provided by the Website and the App by you or those who act on your behalf will
constitute agreement by you and those who act on your behalf to all of the terms
and conditions provided in these Terms of
Use. All references to “you” or “your” below refer to you and those who act on
your behalf.
ADDITIONAL
TERMS AND CONDITIONS REFERENCED OR PROVIDED IN THESE TERMS OF USE ORTHROUGHOUT
THE WEBSITE OR THE APP GOVERN YOUR USE OF PARTICULAR FUNCTIONS, FEATURES,
INFORMATION, APPLICATIONS, SERVICES AND PRODUCTS, IF ANY, AVAILABLE THROUGH
THE WEBSITE AND THE APP.
Section 1. Use of the
Website and the App
The
Website is operated by Telemedicine to provide services for the benefit of its
clients, patients, and providers and those acting on behalf of said clients,
patients or providers. All references to “clients” refer to current and
prospective clients (as appropriate). The Website, and access to the Website
through the App, is also a reference source for Telemedicine clients, patients
and providers. Any use of the Website or the App by any other person or entity
for any other purpose is prohibited. Neither Telemedicine nor any of its
members, shareholders, managers, directors, officers, employees, agents,
independent contractors, representatives or attorneys bear any liability or
responsibility for any such prohibited use.
A
currently registered Telemedicine client, patient or provider may access
advanced information and services through the Website and the App (e.g.
historical records of sugar levels, dosages, etc. and information analysis of
such records). Non-registered Website visitors may only access information of
general interest.
YOU
ACKNOWLEDGE THAT THE
PURPOSE OF THE WEBSITE AND THE APP ARE TO PROVIDE INFORMATION ANALYSIS BASED
UPON INFORMATION ENTERED BY YOU OR THOSE ACTING ON YOUR BEHALF. ACCORDINGLY, YOU ACKNOWLEDGE
AND AGREE THAT TELEMEDICINEIS
NOT RESPONSIBLE FOR VERIFYING ANY OF THE ENTERED INFORMATION OR THE
ACCURACY THEREOF, AND THAT ANY ERRORS IN THE DATA ENTRY MAY RESULT IN
INACCURATE OR MISLEADING RESULTS OR
REPORTS.
YOU
ACKNOWLEDGE THAT THE
INFORMATION ANALYSIS PROVIDED BY THE WEBSITE AND THE APP DOES NOT CONSTITUTE
MEDICAL ADVICE, AND THAT YOU
SHOULD NOT TAKE ANY ACTIONS
BASED ON ANYTHING YOU MAY READ
OR RECEIVE THROUGH THE WEBSITE OR THE APP. YOU
SHOULD ONLY TAKE MEDICAL ADVICE FROM A COMPETENT
MEDICAL PROFESSIONAL AND FOLLOW
THE
GUIDANCE OF SUCH MEDICAL PROFESSIONALS THAT ARE
FAMILIAR WITH YOUR UNIQUE CONDITION AND CIRCUMSTANCES. TELEMEDICINEWILL NOT BE
LIABLE FOR ANY ACTIONS, TREATMENTS, LIFESTYLE CHANGES OR RESULTS ARISING FROM OR RELATED TO ANY INFORMATION OBTAINED
THROUGH THE WEBSITE OR THE APP.
Telemedicine
may add services to the Website or the App for use by Telemedicine clients,
patients or providers, or may
change the existing services. Telemedicine may make said additions and changes
at any time and from time to time with or without notice and for any
reason. Your subsequent
viewing or use of the Website and/or the App will constitute your agreement to
said additions and changes. Any access to the Website or the App to obtain
information by automated inquiry devices or programs (other than the App) is
strictly prohibited. Using or attempting to use the Website to compete with Telemedicine
or to interfere with its business is strictly prohibited. Telemedicine does not
accept ideas, concepts, or techniques for new services or products through the
Website. If such information is received, it will not be considered
confidential nor proprietary, and Telemedicine will be free to use, communicate
and exploit such information in any manner whatsoever.
Section 2. Termination of
Access
Telemedicine
may, in its sole and absolute
discretion, discontinue, suspend or modify your or any other user’s access to
the Website or the App (or any portion thereof) at any time with or without
notice, and for any reason.
Section 3. Registration
In
order to use the services on the Website or through the App, you will need to
register on the Website and create a user account. By registering, you agree to
provide accurate and current information about yourself, and further agree to
maintain and promptly update your information. If any information provided by
you is inaccurate or outdated, or if Telemedicine has reasonable grounds to
suspect that such information is inaccurate or outdated, Telemedicine may
suspend or terminate your registration and your or any other associated user’s
access to the Website or any portion thereof, or through the App any time with
or without notice.
To register, you will select a password to accompany your
user name. You may also
provide a list of authorized third parties (each an “associated user”) who you
wish to have access to your account records, which list may be amended from
time to time. Each associated user will also select a user name and
password. Your user name
and those of your associated users will be associated with your account. You are responsible for the
confidentiality of said user names and passwords and for any and all activities
and use of the Website by you or your associated users. Accordingly, you are
required and hereby agree to immediately notify Telemedicine of any
unauthorized use of any user name or password.
We
suggest that as part of your processes to maintain the security of all user
names and passwords, you ensure that you and those acting on your behalf log
out from the Website or logout from the App immediately after concluding each
visit. You may wish to
avoid saving any user name or password on any computer or mobile device used to
access the Website, especially if it is outside a secure environment.
Section 4. Website Changes,
Updates, and Content
Telemedicine may, in
its sole and absolute discretion at any time and from time to time with or
without notice and for any reason, change or update the Website and/or the App,
and change, update or delete any content appearing or accessible on the Website
or the App and add any content thereto, including without limitation
information, graphics, service, products, features, functionality, and links
(collectively, the “Content”).
Section 5. Ownership of
Website, App and Content; Copyrights and Trademarks
The
Website, the App and the Content, are protected by United States and
international copyright, trademark and other intellectual property laws. All
rights in and to the Website, the App and the Content are reserved to Telemedicine.
By allowing access to the Website and the App, Telemedicine is not conveying
and does not convey to anyone any ownership rights in the Website, the App or
in any Content. You are
only granted a limited license to reproduce the Content on your computer or
mobile device for the purpose of accessing the Website and using the features
and services accessible thereon for legitimate purposes, and for the purpose of
using the App. You are also
granted a license to print reports and other information appearing on your
computer screen in the course of using the features and services of the Website
and the App.
No
other permission is granted in any way to download, modify, reproduce, use,
copy or distribute any of the Content. You may not replicate, duplicate,
reverse engineer or modify any part of the Website functionality or the App
functionality. Telemedicine makes no claim to ownership of the information or
data entered by you on your account, and is not responsible for the accuracy of
any information you provide. The Telemedicine logo, the T.com logo, and the MySpeciailstMD logo
that appear on the Website and the App are service marks of Telemedicine. No
rights are granted to any use of such service
marks or any other service mark or trademarks of Telemedicine. Other trademarks
and service marks appearing in the Content are the property of their respective
owners.
Section 6. Disclaimer of
Warranties;Limitation of Liability
THE
WEBSITE, THE APP, AND THE CONTENT ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING THE WEBSITE,
THE APP OR SUCH CONTENT OR YOUR ABILITY OR INABILITY TO USE THE WEBSITE, THE
APP OR SAID CONTENT. YOU
EXPRESSLY ACKNOWLEDGE THAT YOUR
USE OF THE WEBSITE, THE APPAND THE CONTENT IS AT YOUR SOLE RISK. NEITHER TELEMEDICINENOR ANY OF ITS
MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
INDEPENDENT CONTRACTORS, REPRESENTATIVES OR ATTORNEYS WILL BE LIABLE TO YOU OR ANY PERSON OR ENTITY
CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN, THE USE OF, OR INABILITY TO USE, THE WEBSITE, THE APP OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,
FOR LOST BUSINESS OR FOR LOST DATA, OR
DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED TELEMEDICINE OR ANY OF ITS MEMBERS,
SHAREHOLDERS, MANAGERS, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, REPRESENTATIVES OR ATTORNEYS ABOUT THE POSSIBILITY OF
SUCH DAMAGES.
BETA TESTING: YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE APP ARE
CURRENTLY UNDER DEVELOPMENT AND ARE PERIODICALLY UNDERGOING TESTING AND
CHANGES, AND THAT YOUR USE
OF THE WEBSITE AND/OR THE APP MAY BE
SUBJECT
TO UNPLANNED INTERRUPTIONS AND ERRORS. As a beta user, you are encouraged to report any errors, defects or
questions to mail@telemedicine.com. Please
include screenshots and any other relevant information, such as operating
system, browser and other features about your system.
Section 7. Indemnification
You hereby release, and agree to indemnify and hold harmless Telemedicine
and its members, shareholders, managers, directors, officers, employees,
agents, independent contractors, representatives and attorneys from any and all
claims, demands, causes of action, liabilities, damages, costs and expenses,
including reasonable attorneys’ fees, arising out of your use of or access to
the Website, the App, or the Content.
Section 8. Links to Other
Websites
The
Website and the App may from time to time include links that would allow you to
visit websites or apps owned and operated by parties other than Telemedicine.
Such websites and apps and the companies to which they belong are not
controlled by or related to any Telemedicine company. Telemedicine makes no
representations or warranties nor undertakes any obligation or liability
concerning any information, products or services provided or made available on
such websites or apps or regarding the quality or acceptability of any persons
or entities offering information, products or services, or otherwise referenced
on any such websites. Telemedicine has not tested nor makes any representations
regarding the correctness, performance or quality of any software found at any
such websites. If you access a website other than the Website, it will be at
your risk only.
Section 9. Export of
Content and Use of Services
You assume all responsibility for compliance with all laws and
regulations of the United States and any other country from which you may
access the Website or use the App regarding access, use, export, re-export and
import of any Content appearing on or available through the Website or through
the App. You acknowledge
and agree that you will not export, re-export or import any Content to any
country to which export, re-export or import is restricted under United States
law or regulations, that you are not a national of any such country, and that
the Content will not be used in the design, development or production of
nuclear, chemical or biological weapons. You further
assume all responsibility for your use and the use by any associated user of
any information, features or services through the Website or through the App.
Section 10. Controlling
Law, Jurisdiction, Severability and Modification
These Terms of Use and your use of the
Website, the App and the Content are governed by and construed in accordance
with the laws of the United States and the State of North Carolina, excluding its conflict of laws
provisions. Any cause of action with respect to the Website, the App, the
Content or these Terms of
Use must be instituted within one year after the claim or cause of action has
risen or be barred and must be brought in a court of competent jurisdiction
within Mecklenburg County, NC , US. If any provision in these Terms of Use is held or deemed to be
entirely or partly invalid or unenforceable by a court of competent
jurisdiction, these Terms of
Use will be ineffective to the extent of such invalidity or unenforceability
without rendering invalid or unenforceable the remaining terms of these Terms of Use. These Terms of Use may not be changed
or modified without the written consent of Telemedicine.