Even though you may have arrived to the Website through a website or mobile application operated or controlled by a third party, including by an affiliate of eMed, you understand and agree that these Terms are entered into between you and eMed. You also understand and agree that the Website and any services provided through these Terms, except the Health Care Services described in Section III herein, are provided by eMed or an eMed subsidiary.
II. MODIFICATION OF THE TERMS
We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms from time to time when you use the Website to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation above. If you use the Website after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Website.
III. DESCRIPTION OF eMed
You understand and agree that the Website is intended to facilitate the following services (the “Services”): (a) the development and gathering of health care records and information with retention of the same for use in medical provider encounters and communications; (b) administrative support in connection with scheduling and payment for Health Care Services; (c) administrative support in connection with coordinating optional fulfilment and payment for diagnostic or public health screening testing, weight loss services, and prescription medications ordered or prescribed by medical providers performing Health Care Services; and (d) telecommunications and technology support for using the Website as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such medical providers.
You understand that the Website gathers unique information from you to enable an affiliated medical provider through the Health Care Services to determine whether a prescription or a diagnostic test is indicated and appropriate for you, including applicable health information (such as your past and present health conditions, medications, and blood pressure), diagnostic tests, as applicable, and personal information (such as your name, location and demographic information) (collectively, “Your Information”). You further understand and agree that after reviewing Your Information, the medical provider, in his or her independent professional judgment, will determine whether to prescribe you medication, other treatment, or, alternatively, recommend that you consult with alternative clinical resources (the “Health Care Services”).
You give us consent to send and disclose to the affiliated professional entities and their medical providers all Your Information so that you may receive Health Care Services. Further, you consent to our delivery of Your Information to eMed affiliated and unaffiliated pharmacies, laboratories, and other testing companies as part of coordinating desired fulfilment and payment for testing, prescription medications, and medical devices recommended as part of the Health Care Services.
All medical providers who deliver Health Care Services through the Website are: (i) independent professionals contracted or employed with affiliated professional entities that coordinate with eMed, and (ii) solely responsible for such Health Care Services provided to you. eMed does not provide any Health Care Services through the Website and is not licensed to practice medicine. eMed does not control or interfere with the provision of Health Care Services by the medical providers and affiliated professional entities, each of whom is independent and solely responsible for the Health Care Services provided to you. Therefore, you understand and agree that eMed is not responsible for Health Care Services, or your use of any Health Care Services, provided by a medical provider or affiliated professional entity, including any personal injury or property damage.
In order to use the Services through the Website, the following must be true: You must be 18 years or older, or, if you are under the age of 18, you are using the Website under the supervision of a parent or guardian.
You live in the United States and in a state or territory where the Services are available.
You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Website. Fees and charges may apply to your use of the mobile services and to the Internet.
You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Website. In addition to the above requirements, eMed and its affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you. Further, medical providers and affiliated professional entities delivering the Health Care Services may on a case by case basis determine that certain criteria apply to utilizing the Website for the Health Care Services or that Health Care Services are not appropriate in any individual instance for a particular user.
The Services are currently available to individuals located in certain states and that list is subject to change from time to time at the sole discretion of eMed.
VI. REGISTRATION, USER ACCOUNTS, AND USER DATA
Although certain parts of the Website are accessible by any individual, you are obligated to register with eMed in order to access the Services. The Services are available only to users who have registered with eMed and to other persons affiliated with eMed who have been granted accounts with usernames and passwords. The Website may not be accessible at any time, for any period, or for any reason, and eMed will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
Upon registration of an account, the Website may contain forms or fields that allow you to enter, submit or transmit to eMed user information or data (“User Data”) on or through the Website. You understand and agree that, consistent with applicable law, any User Data provided by you on or through the Website may be used, copied or displayed by eMed, eMed may create derivative works of any such data, and eMed may provide such data to our service providers, our successors and assigns, and medical providers and their affiliated professional entities, in performance of the Services.
You grant eMed, our service providers, our successors and assigns, and medical providers and their affiliated professional entities, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any User Data you submit on or through the Website for the purposes of providing the Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of eMed using such data.
VII. YOUR RESPONSIBILITIES AND ACKNOWLEDGEMENT
As a condition of your use of the Services through the Website, you agree to the following:
All Your Information provided through the Website is accurate, complete and correct, and you will accurately maintain and update any of Your Information that you have provided to eMed.
Your permission to use the Website is personal (the Website will be used only by you), or you are using the Website to facilitate the Services on behalf of a minor for whom you have legal authority to act, and your identification information is accurate and truthful. You agree to keep confidential your username and password and that you will exit from your account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time.
You agree to immediately notify eMed of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing eMed at email@example.com.
You may be asked to provide additional information to eMed, its affiliated professional entities, or applicable medical provider(s) for the purpose of providing Health Care Services or fulfilling a prescription. You may elect to withhold requested information; however, if you do so, you may not use the Website or any other related services.
You understand and agree that provision of Health Care Services through the Website depends on the completeness and accuracy of Your Information. eMed is unable to verify all of Your Information. Therefore, eMed is not responsible for any consequences if Your Information is inaccurate or incomplete. If Your Information is inaccurate, incomplete, or not maintained, or eMed has reasonable grounds to suspect as much, eMed has the right to suspend or terminate your account and your use of the Services. In addition, eMed may take any and all actions it deems necessary or reasonable to maintain the security of the Website, Services and your account.
VIII. DESIGNATED REPRESENTATIVE AND TEST RESULT ACCESS
As applicable, you designate eMed as your designated representative to pick up your prescription from the dispensing pharmacy and send your prescription to you at your designated address.
You also direct eMed and its affiliates to provide you with access to any laboratory test results generated as part of the Services provided to you.
IX. RESTRICTIONS ON USE
You will not use, or encourage or permit others to use, our Website except as expressly permitted in these Terms. You will not:
Use or attempt to use the Website or the Services for any other person than yourself, other than a minor for whom you have legal authority to act;
Access or use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by these Terms;
“Jailbreak” your 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 information from unauthorized or unintended disclosure. You may compromise your 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;
License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or related materials in any way;
Use or access the Website to create or develop competing products or services or for any other purpose that is to eMed’s detriment or commercial disadvantage;
Take any action or use the Website in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Website or any content, in whole or in part;
Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Website or any computer network;
Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by eMed or any of our service providers to protect our Website;
Input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Website, or any other system, device, or property;
Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Website or any content made available to you on or through our Website;
Use any manual process or automated device to monitor or copy any content made available on or through our Website for any unauthorized purpose except as permitted in Section X;
Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to eMed or third-party content from the Website; or
Encourage or enable any other individual to do any of the foregoing.
X. LICENSE AND USE
Subject to your compliance with these Terms, eMed grants you a personal, limited, revocable, nonexclusive, and nontransferable license to view, download, access, and use the Website and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by eMed or its licensors. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.
XI. DISCLAIMER; LIMITED HEALTH CARE SERVICES
The Website is structured for use specific to certain Health Care Services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis or treatment.
Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication.
XII. TELEHEALTH CONSENT
Preamble. I understand that eMed separately engages telehealth companies, which are independently owned by licensed physicians (“telehealth partners”). eMed does not own these medical practices, employ or in any way supervise or control the telehealth partners rendering care. Through its technology platform, eMed facilitates the provision of telehealth services but it is not itself, a source of healthcare, medical advice, or care. This Consent is effective and binding across all telehealth sessions or services rendered by the telehealth partners via eMed’s technology platform.
Telehealth or telemedicine (the terms will be used interchangeably throughout this Consent) involves the use of electronic communications, information technology, or other means to enable a healthcare provider and a patient at different locations to communicate and share individual patient health information for the purpose of rendering health care services. Telehealth or telemedicine may be used for assessment, treatment, diagnosis, prescription, follow-up, and/or patient education. This Consent informs you concerning the treatment methods, risks, and limitations of using a telehealth platform.
Electronic Transmissions. The types of electronic transmissions that may occur using the telehealth platform include, but are not limited to:
- Completion, exchange, and review of relevant medical information (for example: health records; images; output data from medical devices; sound and video files; diagnostic and/or lab test results) between you and a healthcare provider via: asynchronous or synchronous communications; two-way interactive audio; and/or two-way interactive audio and video interaction;
- Treatment recommendations by a healthcare provider based upon such review and exchange of clinical information;
- Delivery of a consultation report with a diagnosis, treatment and/or prescriptions, as deemed medically relevant;
- Prescription refill reminders (if applicable); and/or
- Other electronic transmissions for the purpose of rendering health care services to you.
Recording. With this consent, the telehealth session may be recorded for quality review, operations, training, research, and safety purposes.
Benefits. Telehealth provides an array of benefits to you, including (a) improved access to healthcare providers by allowing you to consult a provider from your home or office; and (b) improved efficiency for access to medical evaluation and management.
Risks. As with any medical procedure, there are potential risks associated with the use of telemedicine. These risks may include, without limitation, the following:
- Technical problems: digital issues such as video quality, sound quality, or connectivity issues that may require an encounter to be rescheduled.
- Although measures are in place to prevent a breach of privacy, security protocols could fail, causing a breach of privacy of personal medical information.
- Provider’s inability to conduct a hands-on physical examination of me and my condition.
Patient Acknowledgments. I further acknowledge and understand the following:
- If I am experiencing a medical emergency, I will be directed to dial 9-1-1 immediately and the provider is not able to connect me directly to any local emergency services.
- I have the right to withhold or withdraw my consent to the use of telehealth in the course of my care at any time without affecting my right to future care or treatment.
- Federal and state law requires health care providers to protect the privacy and security of health information. I am entitled to all confidentiality protections under applicable federal and state laws. I understand all medical reports resulting from the telehealth visit are part of my medical record.
- I further understand that my healthcare information may be shared in the following circumstances:
- When a valid court order is issued for medical records.
- Reporting suspected abuse, neglect, or domestic violence.
- Preventing or reducing a serious threat to anyone’s health or safety.
- I further understand that any provider’s advice, recommendations, and/or decisions may be based on factors not within his/her control, including incomplete or inaccurate data provided by me. I understand that the provider only relies on information provided by me during our telehealth encounter and that I must provide information about my medical history, condition(s), and current or previous medical care that is complete and accurate to the best of my ability. I also understand that the provider may not have access to my full medical record or information.
- A healthcare provider will provide care consistent with the prevailing standards of medical practice but makes no assurances or guarantees as to the results of treatment. I understand that there is no guarantee that all treatment of all patients will be effective.
- The laws of the state in which I am located will apply to my receipt of telehealth services.
- I have the right to review and receive copies of my medical records, including all information obtained during a telehealth interaction, subject to our standard policies regarding request and receipt of medical records and applicable law.
- The telehealth services are not a replacement for my primary care physician or annual office check-ups. Should I desire to seek in-office care through other providers, including my primary care physician, I can do so.
- Neither eMed nor the telehealth partners are online pharmacies. The telehealth partners do not prescribe drugs listed as controlled substances by the U.S. Drug Enforcement Agency. However, eMed does not control or supervise any prescription decision made by a telehealth partner.
- I further agree that any prescription obtained through the eMed platform prescribed by a telehealth partner will be used only for its intended use. Neither eMed nor the telehealth partners guarantee that a specific medication will be prescribed if requested.
- I hereby release and hold harmless eMed and the telehealth providers from any loss of data or information due to technical failures associated with the telehealth/telemedicine service.
- I understand that I will be given information about test(s) and treatments(s), as applicable, including the benefits, risks, possible problems or complications, and alternate choices for my medical care through the telehealth/telemedicine visit.
- I understand that failure to comply with the terms of this Consent may result in the termination of my ability to use the telehealth services.
Consent to Email, Cellular Telephone, or Text Usage for Healthcare Communications. If at any time I provide an email address or cellphone number at which I may be contacted, I consent to receiving unsecure instructions and other healthcare communications at the email or text address I have provided or eMed or the telehealth partners have obtained, at any text number forwarded, or transferred from that number. These instructions may include, but not be limited to: follow-up instructions, educational information, and prescription information.
Note: You may opt out of these communications at any time. The practice/clinic does not charge for this service, but standard text messaging rates or cellular telephone minutes may apply as provided in your wireless plan (contact your carrier for pricing plans and details).
Duration. This consent will remain fully effective until it is revoked.
Patient Consent to the Use of Telemedicine. I have read and understand the information provided above, and understand the risks and benefits of telemedicine services. By accepting these terms, I hereby give consent to telehealth as an acceptable form of delivering healthcare services to me and that this consent will cover any and all of my sessions using telehealth.
When you submit Your Information for Health Care Services, you agree to pay all fees due. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due. If you receive a medical consultation, medical consult fees are not subject to or eligible for a refund. We cannot accept returns of prescription products for reuse or resale, and all sales are final. However, if you believe we have made an error in the filling of your prescription, please message us through your eMed account.
You understand and agree that you are responsible for all fees due to receive the Services, including any fees charged by the medical providers and affiliated professional entities and any applicable co-insurance or co-pay amounts. Amounts collected by eMed will include fees charged by medical providers for Health Care Services. In the event that your credit card expires or eMed, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. eMed and/or the medical provider(s) have no obligation to provide any Services unless and until full payment has been received and/or verified. Please note that professional services delivered as part of the Health Care Services are not likely to be covered by any government health care payors, and, as such, you understand that no such claims will be submitted by eMed or our affiliates for coverage of the professional services.
XVI. INTELLECTUAL PROPERTY
As between eMed and you, eMed is the sole and exclusive owner of all right, title and interest in and to the Website and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Website shall be owned solely and exclusively by eMed or its licensors, including all intellectual property rights therein. You have permission to use the Website solely for your personal and non-commercial use on the condition that you comply with these Terms. No other right, title or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by us or our affiliates.
Certain names, logos, and other materials displayed in and through the Website may constitute trademarks, trade names, services marks or logos (“Trademarks”) of eMed or its affiliates. You are not authorized to use any such Trademarks without the express written permission of eMed or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.
XVII. LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES
The Website may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
You may have arrived to the Website through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of eMed. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will apply to your use of or access to the Website.
XVIII. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE SERVICES ARE PROVIDED THROUGH THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. eMed AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE SERVICES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE WEBSITE OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER eMed NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE WEBSITE. FURTHERMORE, eMed DOES NOT GUARANTEE THAT THE WEBSITE WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND eMed DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.
XIX. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER eMed NOR ITS RELATED PERSONS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY SERVICES PROVIDED THROUGH THE WEBSITE. THIS IS TRUE EVEN IF eMed OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, THE TOTAL LIABILITY OF eMed AND ITS RELATED PERSONS FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold eMed and any of its Related Persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of material or features available on the Website in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.
XXI. MODIFICATIONS TO THE WEBSITE
eMed reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Website, or any portion thereof, with or without notice. You agree that eMed shall not be liable to you and to any third party for any modification, suspension, or discontinuance of the Website.
XXII. SUSPENSION AND TERMINATION RIGHTS
The Terms will remain in full force and effect as long as you continue to access or use the Website. You may terminate the Terms at any time by discontinuing use of the Website. Your permission to use the Website automatically terminates if you violate these Terms.
We may terminate or suspend any of the rights granted by these Terms and your access to our Website with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Class Action Waiver; and Miscellaneous.
Subject to applicable law, eMed 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 any termination, eMed will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or required to provide you with continuing care under our applicable legal, ethical and professional obligations to you.
XXIII. GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND eMed TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM eMed.
Governing Law. The Website is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. These Terms will be governed by the laws of the State of Florida without regard to conflicts of law principles.
Arbitration Agreement. You and eMed agree that all claims and disputes relating in any way to your use of our Website, or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in Miami, Florida.
Waiver of Jury Trial. IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND eMed WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and eMed are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
No Class Arbitrations, Class Actions, or Representative Actions. YOU AND eMed AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND eMed AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER eMed USERS.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and eMed will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org.
The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.
XXV. COPYRIGHT INFRINGEMENT CLAIMS
eMed reserves the right to remove any content or any other material or information available on or through our Website, at any time, for any reason. eMed otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section XXIV describes the procedure that should be followed to file a notification of alleged copyright infringement with eMed.
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Website, you may submit a notification to our Designated Agent at the following address: firstname.lastname@example.org.
Any notification to eMed under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
An identification of the content or material that you claim is infringing and where it is located on our Website;
Information sufficient for eMed to contact you, such as your address, telephone number, and/or email address;
A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
XXVI. CONTACT INFORMATION
If you have any questions or concerns, please contact:
990 Biscayne Boulevard, Suite 1501
Miami, Florida 33132
Last Modified: November 15, 2022