YOUR USE OF THIS WEBSITE, INCLUDING ANY USE OF THE VIRTUAL CLINIC, VIRTIMD AND ALL IT ASSOCIATES BY PHONE, IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE. BY CLICKING “ACCEPT”, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE.
NOTE: YOU WILL NOT BE CHARGE DIRECTLY IF YOUR INSURANCE AND/OR GOVERNMENT AGENCIES PAY FOR THE SERVICE RENDER DURING YOU MEDICAL ENCOUNTER WITH DILIGENT URGENT CARE LLC, VIRTYMD OR ANY OF ITS ASSOCIATES.
PLEASE READ THESE TERMS OF USE CAREFULLY
1. Services Provided.
DILIGENT URGENT CARE LLC, VIRTYMD AND THEIR ASSOCIATES (FROM NOW ON REFFER AS THE VIRTUAL CLINIC) provides a technology platform and infrastructure to connect individuals with participating physicians, licensed therapists and other licensed health care practitioners (the “Providers”) in real time via live streaming video and/or telephone for the purpose of participating in a health care consultation. THE VIRTUAL CLINIC also provides other types of administrative services and information (“Services”). THE VIRTUAL CLINIC does not interfere with the practice of medicine or other licensed profession by Providers. THE VIRTUAL CLINIC nor any third parties who promote its services shall be liable for any professional advice you obtain from a Provider via the VIRTUAL CLINIC.
Use of This Site and the Services – NOT FOR EMERGENCIES
IF YOU THINK YOU HAVE ANY EMERGENCY, CALL 911, IMMEDIATELY!
Your interaction with the Providers through the Service is not intended to replace your relationship with your existing primary care physician. THE VIRTUAL CLINIC is not an insurance product nor a prescription fulfillment warehouse. The Providers reserve the right to deny care for actual or potential misuse of the Services. The Services do not include the provision of medical care by THE VIRTUAL CLINIC. Rather, the THE VIRTUAL CLINIC Services enable access to Providers who have agreed to provide patient care to Customers using THE VIRTUAL CLINIC’s Services. These Terms of Use apply to your use of the Site and to your registration for, subscription to, and use of the THE VIRTUAL CLINIC Services.
2. Prescription Policy.
Providers may prescribe medications when medically indicated in their sole professional judgment, however, due to varying state laws, prescriptions may not be available in your state. THE VIRTUAL CLINIC is not a drug fulfillment warehouse. In the event that a Provider does prescribe a medication, he/she will comply with all applicable federal and state laws and will only prescribe a medication as determined appropriate in his/her sole discretion and professional judgment. THE VIRTUAL CLINIC does not guarantee that a provider will issue a prescription.
NOTE: Prescriptions for DEA controlled substances or scheduled medications, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse are not available via the THE VIRTUAL CLINIC platform.
You agree that any prescriptions that you acquire from a Provider shall be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
3. Informed Consent
A. Telemedicine is the delivery of health care services using interactive audio and/or video technology, where the patient and Provider are not in the same physical location. During your telemedicine consultation with a Provider details of your medical or health history and personal health information may be discussed through the use of interactive audio, video, and/or other telecommunications technology, and the Provider may perform a physical exam through these technologies. Depending on your medical or health history and/or specific complaint, you may be asked to provide information through other electronic means, and verify your identity with a driver’s license or other legal document.
B. The telemedicine services you receive from Providers are not intended to replace a primary care physician relationship or be your permanent medical home. You should seek emergency help or follow-up care when recommended by a Provider or when otherwise needed, and continue to consult with your primary care physician and other health care professionals as recommended. We may make arrangements for follow-up care either through the Provider, a health systems partner, or other health care providers. If the transmission fails during your telemedicine consultation with a physician, then a member of our customer support team will contact you to help you get reconnected.
However, there are potentials risks associated with the use of telemedicine. These risks include, but may not be limited to:
1. In some instances the information transmitted may be of insufficient quality to allow for appropriate medical or health care decision making by the Provider (i.e., poor resolution images, etc.);
2. Delays in evaluation or treatment could occur due to failure of the electronic equipment;
3. In some instances a lack of access to all of your medical records may result in adverse drug reactions or allergic reactions or other judgment errors;
4. Although the electronic systems we use will incorporate networks and software security protocols to protect the privacy and security of health information, in some instances, security protocols may fail and cause a breach of privacy and/or personal health information.
C. By accepting these terms of use you acknowledge that you understand and agree with the following:
5. You understand that you may expect the anticipated benefits from the use of telemedicine in your care, but that no results can be guaranteed or assured;
6. You understand that the laws that protect the privacy and security of health information apply to telemedicine and you have received THE VIRTUAL CLINIC’s privacy practices which describe these protections in more detail;
7. You understand that you are fully responsible for payment; and
8. You understand your Provider, in his or her sole discretion and professional judgment, may determine that telemedicine services are not appropriate for some or all of your treatment needs and, accordingly, may elect not to provide telemedicine services to you through the THE VIRTUAL CLINIC platform.
4. Account Enrollment, Eligibility and Security.
In order to access the Site and Services, you represent and warrant that you are of legal age to sign a binding contract and possess the legal right and ability, on behalf of yourself or a minor child of whom you are a parent or legal guardian, to agree to these Terms of Use, register for the Services under your own name and to use the Services in accordance with this Terms of Use and abide by the obligations hereunder. You agree to fully, completely, accurately and truthfully create your THE VIRTUAL CLINIC Account, including, but not limited to, your name, mailing address, phone number, email and password. Your user name and password are personal to you and you are solely responsible for maintaining their confidentiality, and for all activities that occur under such user name and password. You agree to prohibit anyone else from using your user name and password, and you agree to immediately notify THE VIRTUAL CLINIC (201) -414-6277 of any actual or suspected unauthorized use of your THE VIRTUAL CLINIC Account or other security concerns of which you become aware.
To permit you to access THE VIRTUAL CLINIC Services on behalf of a minor child of whom you are a parent or legal guardian, you may establish a dependents under your name. Any such subaccount is subject to these Terms of Use and the Notice or Privacy Policy.
In order to determine your compliance with these Terms of Use we reserve the right, but not the obligation, to monitor your access to and the use of the site and the Services. THE VIRTUAL CLINIC may, in its sole discretion, refuse to provide the Services to you due to your noncompliance with these Terms of Use or any other actual or potential misuse of your account or the Services. We recommend that you do not access your account or the Services from a public computer. In no event and under no circumstances shall we be liable to you for any damages arising out of the use of the THE VIRTUAL CLINIC Site, THE VIRTUAL CLINIC Services, your account information, or the release of your account information to third parties. THE VIRTUAL CLINIC recommends that you do not store your account password through your web browser or other software.
5. Fraud Prevention and Security.
THE VIRTUAL CLINIC may contact you by telephone, TEXT MESSAGE, mail or email to verify your Account information. We may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, THE VIRTUAL CLINIC reserves the right to suspend, discontinue or deny your access to and use of the Site and Services, until the information is provided by Customer as requested.
6. Modification to Terms of Use.
THE VIRTUAL CLINIC reserves the right to modify the Terms of Use periodically, for any reason, and without notice. Please review the Terms of Use often so you will be apprised of any changes made. Any such revision or change will be binding and effective immediately on posting of the revised Terms of Use or change to the Service(s) on our web site. Unless we expressly note otherwise, these terms supersede any other terms associated with the Services. Your continued use of the THE VIRTUAL CLINIC Site and/or Services constitutes an acknowledgment of such changes and agreement to be bound by the revised Terms of Use inclusive of such changes.
7. Information Provided by You.
As part of the signing up process, you are required to provide us certain personal and medical information. Additionally, it is your responsibility to update THE VIRTUAL CLINIC as promptly as possible with changes to your personal and/or medical information so that all records are current, complete and accurate. At any given time, you may be notified at the email address provided by you to THE VIRTUAL CLINIC that information may be available for your review that is considered time-sensitive, including but not limited to, medical information, diagnosis, and lab results. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obligated to provide us the following information:
- Changes in e-mail address
- Change of address
- Change of phone number
- Change of ownership of account
- Change of credit card number
- Change of banking information
- Change of credit card expiration date
- Change of health insurance information
8. Electronic Medical Record.
Your THE VIRTUAL CLINIC Electronic Medical Record (“EMR”) is created for you to enter, store and access your personal health information online, including medical history, current health conditions, symptoms, complaints, allergies and medications, and for your Provider to record the results of his or her medical encounters with you in accordance with his or her obligations under applicable state and federal law with regard to creating and maintaining your record. Any information provided as part of a video and/or telephone consultation becomes part of your THE VIRTUAL CLINIC EMR. You agree to provide accurate, current and complete information about yourself for your THE VIRTUAL CLINIC EMR, to periodically review and to update such information as needed to keep it accurate, current and complete. For additional information regarding use of your EMR, please see our Privacy Policy. It is your responsibility to confirm any third party information, or information regarding a minor child of whom you are a parent or legal guardian, in your EMR. THE VIRTUAL CLINIC is not responsible for maintaining data arising from use of the Services. Subject to retention and destruction requirements imposed by law, THE VIRTUAL CLINIC reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the THE VIRTUAL CLINIC Service pursuant to its internal record retention and/or destruction policies. Please note that it is solely your physician’s obligation to use and disclose the information included in your EMR in accordance with applicable state and federal law, including, without limitation, obtaining any consents or authorizations that may be required for your information to be shared with other health care providers. However, by requesting a consultation through THE VIRTUAL CLINIC’s Site, you agree to disclose the contents of your complete EMR to the provider who will conduct your consultation.
9. Limitations on Use.
You agree that 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 THE VIRTUAL CLINIC to impersonate another person or misrepresent authorization to act on behalf of others. All messages transmitted via THE VIRTUAL CLINIC 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 your 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 THE VIRTUAL CLINIC, its Partners, 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.
10. Operational Functionality.
THE VIRTUAL CLINIC reserves complete and sole discretion with respect to the operation of the THE VIRTUAL CLINIC Services. THE VIRTUAL CLINIC may, among other things withdraw, suspend or discontinue any functionality or feature of the Services. We are not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. Other than as required by applicable law, THE VIRTUAL CLINIC is not responsible for maintaining information arising from use of the Site or in respect of the Services.
11. Intellectual Property.
With the exception of your EMR, THE VIRTUAL CLINIC retains all right, title and interest in and to THE VIRTUAL CLINIC, the Site, the Services and any Information, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for information on the Site licensed to THE VIRTUAL CLINIC in which the licensor retains all right, title and interest. The information available through the Site and the Services is the property of THE VIRTUAL CLINIC, or if licensed by THE VIRTUAL CLINIC, the licensor.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, or any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of the Terms of Use will be prosecuted to the fullest extent of the Law in the federal and state courts located in North Carolina. Whether a violation of any policies or Terms of Use has occurred is at the sole discretion of THE VIRTUAL CLINIC. Nothing contained on the Site should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by THE VIRTUAL CLINIC or the third party owner of such trademarks, service marks and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.
12. International Use.
The Services are designed for and intended for users in the United States. THE VIRTUAL CLINIC makes no representation that the information and services provided on the Site or through the Services are applicable to, appropriate for, or available outside the United States or in all territories within the United States. Accessing the Services from territories where the content is illegal is prohibited.
13. Legal Notices and Disclaimers.
General Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF THE THE VIRTUAL CLINIC SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW F2F AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, THE VIRTUAL CLINIC AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE PRODUCTS AND SERVICES PROVIDED HEREUNDER. F2F 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 SERVICES.
Medical Disclaimers. THE VIRTUAL CLINIC makes no representation or warranty as to the content of any treatment response from any Provider. Providers are independent contractors and not employees of THE VIRTUAL CLINIC. You and your physician are solely responsible for all information and/or communication sent during a video and/or telephone consultation or other communication. THE VIRTUAL CLINIC does not guarantee that a video and/or telephone consultation is the appropriate course of treatment for your particular health care problem. Furthermore, telemedicine is not a substitute for your primary care physician. 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. You acknowledge and agree that THE VIRTUAL CLINIC does not provide medical advice, diagnosis, or treatment, but strictly provides a technology platform and infrastructure for connecting patients with independent third party network providers.
Content Disclaimers. 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 THE VIRTUAL CLINIC. The information and Services provided on or through this Site are intended solely as general educational material and provide a mechanism to find and connect to a Provider 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 a 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. THE VIRTUAL CLINIC 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.
14. Service Reliability and Warranties.
THE VIRTUAL CLINIC 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, including loss of data resulting from delays, and any service interruption caused by THE VIRTUAL CLINIC employees. THE VIRTUAL CLINIC is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.
THE VIRTUAL CLINIC will take commercially reasonable precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that THE VIRTUAL CLINIC shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. THE VIRTUAL CLINIC may perform regular back-ups of all data stored, but shall have no liability to Customer in the event all data is lost or destroyed. Customer acknowledges and agrees 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.
15. Indemnification.
You agree to release, indemnify, defend and hold harmless THE VIRTUAL CLINIC, our contractors, agents, employees, officers, directors and affiliates (Affiliates) from all liabilities, claims, rights, losses, causes of action, actions and suits (no matter whether in law or in equity), expenses, including attorney’s fees, resulting from, relating to, or arising, directly or indirectly, out of or in connection with: (i) your use or misuse of the Site or the Services or any information posted on the Site, (ii) your subscription, (iii) Your breach of the Terms of Use or the Privacy Policy, (iv) your relationship with any Provider, (v) the content or subject matter of or any information you provide to THE VIRTUAL CLINIC, any of its Affiliates, any Provider or customer service agent, and/or (vi) any negligent or wrongful action or omission by you in the use or misuse of the Site or the Services or any information posted on the Site, including, but not limited to, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct. If and when THE VIRTUAL CLINIC is threatened with such suit, THE VIRTUAL CLINIC may seek written assurances from you concerning your promise to indemnify it; your failure to provide those assurances may be considered by us to be a breach of your Terms of Use and may result in, among other things, deactivation of your THE VIRTUAL CLINIC account Service(s).
16. Limitation of Liability.
EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:
THE VIRTUAL CLINIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR THE ACTS OR OMMISSIONS OF ANY OF THE INDEPENDENT PROVIDERS.
IN NO EVENT SHALL THE VIRTUAL CLINIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, NOR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE LIQUIDATED SUM OF $75.00. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE VIRTUAL CLINIC OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM, ARISE OUT OF, OR ARE 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, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FACE2FACEMDMD™ IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS 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 DUC’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL BE THE MINIMUM PERMITTED BY LAW.
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES, AND LIMITATIONS OF LIABILITY.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE VIRTUAL CLINIC 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.MID 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.
17. Third Party Protection.
The Indemnification, Limitation of Liability, and Disclaimers provisions set forth above are for the benefit of THE VIRTUAL CLINIC, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
18. Termination and Survival.
THE VIRTUAL CLINIC may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of these Terms of Use, or the intellectual property protections applicable to these Services (Defined Above). THE VIRTUAL CLINIC may also seek legal prosecution of any violations of law or these Terms of Use and you agree to personal jurisdiction by the Courts in the State of North Carolina. Upon termination of Services by THE VIRTUAL CLINIC or voluntary termination of service by Customer, THE VIRTUAL CLINIC has the right to delete all data, files, or other information that is stored in the Customer’s account for any reason, except for data which it is legally required to retain. The Indemnification, Limitation of Liability, Copyright, Jurisdiction, Warranty Waiver, Network Security, Compliance with Anti-Spamming Laws and Privacy terms and conditions stated herein shall survive termination of this Agreement.
19. Force Majeure.
Notwithstanding anything herein to the contrary, THE VIRTUAL CLINIC shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, or any other cause beyond its control.
20. No Third Party Rights.
Unless expressly granted in these Terms of Use or in the Privacy Policy, nothing herein or in the Privacy Policy is intended to confer any rights or remedies under these Terms of Use or the Privacy Policy on any persons other than you, THE VIRTUAL CLINIC and its Affiliates. Nothing in these Terms of Use and the Privacy Policy is intended to relieve or discharge the obligation or liability of any third persons to you, THE VIRTUAL CLINIC or its Affiliates, nor shall any provision give any third persons any right of subrogation or action over or against you, THE VIRTUAL CLINIC or its Affiliates.
21. Assignment.
You may not assign, transfer or delegate these Terms of Use or the Privacy Policy or any part of them without THE VIRTUAL CLINIC’s prior written consent. THE VIRTUAL CLINIC may freely transfer, assign or delegate all or any part of these Terms of Use and the Privacy Policy, and any rights and duties hereunder or thereunder. These Terms of Use and Privacy Policy will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.
22. Privacy.
By accepting these Terms of Use, you acknowledge that you understand, have read, and agree to the provisions outlined in the Privacy Policy and Notice of Privacy Practices, which is incorporated herein and made part of these Terms of Use by reference. Also, be agreeing with this, the patient understand that as part of this telemedicine process, this Practice has the responsibility to maintain my personal protected health history (as mandated by HIPAA).
23. Governing Law, Jurisdiction, and Venue.
These Terms of Use and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any choice of law rules or principles. Any civil action or legal proceeding arising out of or relating to these Terms of Use or Privacy Policy shall be brought in the applicable Federal or State court located North Carolina. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Any cause of action or claim you may have with respect to THE VIRTUAL CLINIC must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Terms of Use waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the THE VIRTUAL CLINIC Services or web site.
24. Enforcement Costs.
If any civil action or other legal proceeding is brought for the enforcement of any of these Terms of Use or the Privacy Policy or because of an alleged dispute, breach, default or misrepresentation in connection with any provision of any of these Terms of Use or the Privacy Policy, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees, sales and use taxes, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy and post-judgment proceedings), incurred in that proceeding, in addition to any other relief to which such party or parties may be entitled. Attorneys’ fees shall include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use taxes and all other charges billed by the attorney to the prevailing party (including fees and costs associated with collecting such amounts).
25. Waiver of Jury Trial.
THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OF USE OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT WITH RESPECT TO ANY COMPULSORY COUNTERCLAIM (I.E., A CLAIM BY A PARTY HERETO AGAINST ANOTHER PARTY WHICH, IF NOT BROUGHT IN SUCH ACTION, WOULD RESULT IN THE FIRST PARTY BEING FOREVER BARRED FROM BRINGING SUCH CLAIM), A PARTY HERETO SHALL HAVE THE RIGHT TO RAISE SUCH COMPULSORY COUNTERCLAIM IN ANY SUCH LITIGATION, SUIT OR PROCEEDING, WHETHER OR NOT IT IS BEING TRIED BY A JURY.
26. Waiver.
Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.
27. Severability.
The provisions of this Terms of Use are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.
28. Entire Agreement.
These Terms of Use, together with any THE VIRTUAL CLINIC rules or policies referred to herein, represents the entire agreement between you and THE VIRTUAL CLINIC concerning the subject matter hereof, and supersede all prior understandings, whether written or oral, concerning such subject matter. THE VIRTUAL CLINIC may modify this Terms of Use as set forth above.
29. Comments, Suggestions and Submissions.
THE VIRTUAL CLINIC welcomes comments, suggestions and submissions by its Customers. Any comments, suggestions and submissions made by Customers, including but not limited to, messages, notes, feedback, artwork, communications, computer code or creative materials provided to THE VIRTUAL CLINIC shall become the exclusive property of THE VIRTUAL CLINIC. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to THE VIRTUAL CLINIC of all rights whatsoever (copyright, patentability, and intellectual property). THE VIRTUAL CLINIC shall have the right to use said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to Customer. This section shall not include any personal information submitted by Customer that would be included as part of the Health Information Portability and Accountability Act of 1996. Please submit comments and suggestions to Customer Service at [email protected].
This concludes this section of our Website Terms of Use Notice. CREATED MAY13 ,2020 AND MODIFIED AUGUST 10,2020.
Conneticut – Suffield Academy:
Please note that you agree for Diligent Urgent Care OUR ITS ASSOCIATES/AFFILIATES to share your results and medical note with the Suffield Academy after be seeing and tested using our platform.
NJCU Students Clarification Statement:
Due to active Executive Order related to COVID19 and, following up regulation protocols from the NJCU university, If you are a student, you hereby consent to release your medical records to your school and to contact tracers from Clinical Staffing Soutions, LLC.
