Terms and Conditions

Rev 32017

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by TeleMed2U, Inc. (“TeleMed2U”), including the www.TeleMed2U.com website (the “Site”) and the services available to users through the Site (“Services”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your personal health information and financial information.

1. Medical Advice

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Nothing contained on this Website is intended as medical advice or the practice of medicine. The information presented in this Website is general in nature and specifically disclaims any claims about the efficacy and safety of any product or service. This Website does not intend to be complete or exhaustive and it does not consider your individual health situation or medical condition. You should not use any information in this Website as a means of diagnosing a medical condition or as a means of determining the treatment for any medical condition.

This Website is not a substitute for the professional medical advice of licensed medical professionals. Medical services arranged or obtained through this Website are provided by individual medical professionals in their professional capacity. This Website and materials and information obtained through this Website are not intended to and shall not be deemed to contradict any advice obtained from any physician or other medical professional. Users of this Website are not justified in disregarding any treatment advice or medical services obtained from a physician or other licensed medical professional because of any information or materials obtained on this Website. Visitors to this Website agree to not rely on information on this Website for individual health purposes and will instead, only rely on health information from a health care professional.

2. Ownership of The Site and Related Materials

All pages within this Website and any material made available for download are the property of TeleMed2U, or its licensors or suppliers, as applicable. The Website is protected by United States and international copyright and trademark laws.

3. Limited Right to Use
All content, organization, site construction, intellectual property and other matters related to TeleMed2U.com are proprietary rights and the sole property of TeleMed2U. The viewing of any content or documents allows you limited use for personal informational purposes only. Your right to use the website is not transferable. Any rights given to you to obtain forms are not transferable. Any reproduction, retransmission, redistribution, publication or other use of any content, form or document is strictly prohibited other than for your personal use. You do not have nor can you acquire ownership rights to any content or document obtained from TeleMed2U.com. Request for permission to reproduce any information contained on this Website should be addressed to TeleMed2U management.

By using this Website, you agree that you will do so only for lawful purposes, and you will not engage in any conduct that in any manner inhibits or interferes with the ability of any other person to use this Website or any service offered through the Website. Any efforts to deface, deactivate, to engage in so-called “spamming” activity will subject the perpetrator to all available civil and criminal penalties. You will not communicate with, on or through this Website in any unlawful, harmful, offensive, threatening, abusive, libelous, defamatory, obscene, profane, pornographic, sexually explicit, vulgar, bigoted or otherwise objectionable manner, including, without limitation, any manner that encourages activity that would constitute a criminal offense, give rise to civil liability or violate any law. Your use of this Website and any Service is at the pleasure of TeleMed2U, and TeleMed2U may terminate your right to use this Website or any Service at any time and for any reason, in its sole and absolute discretion and without notice to you.

4. Electronic Communications

When you send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Website, deep-link to any feature or content on the Website, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

Violations of system or network security may result in civil or criminal liability. TeleMed2U will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.

5. Accuracy and Integrity of Information

Although TeleMed2U attempts to ensure the integrity and accurateness of the Website, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Website and Content thereon. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform TeleMed2U so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, TeleMed2U shall have no responsibility or liability for information or Content posted to the Website from any non-TeleMed2U affiliated third party.

6. Links to Other Websites

TeleMed2U makes no representations whatsoever about any other website that you may access through this Website. When you access a non-TeleMed2U site, please understand that it is independent from TeleMed2U, and that TeleMed2U has no control over the Content on that website. In addition, a link to a non-TeleMed2U website does not mean that TeleMed2U endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Website, you do this entirely at your own risk.

7. Copyrights and Trademarks

All copyrights and trademarks related to the content and documents contained on this website are owned by or licensed only to a Member or Members of TeleMed2U.

8. Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our Website. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

TeleMed2U respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to TeleMed2U’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Website

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by sending us a notice (“Notice”) complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
   “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
   Deliver this Notice, with all items completed, toTeleMed2U.com.

9. Indemnification

To the extent permitted by law, you agree to indemnify, defend and hold TeleMed2U, its partners, attorneys, staff, agents, reps and affiliates harmless from any liability, loss, claim and expense related to your use of TeleMed2U.com or any websites linked to it.

10. Disclaimer of Warranties

TELEMED2U DOES NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. TELEMED2U DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, WEBSITE-RELATED SERVICES, AND LINKED WEBSITES. TELEMED2U DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

11. Limitation of Liability Regarding Use of Website

TELEMED2U AND ANY THIRD PARTIES MENTIONED ON THIS WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF TELEMED2U TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE IS $1000 (ONE THOUSAD DOLLARS).

12. Data Collection and Processing

When you visit this Website, TeleMed2U servers and equipment may automatically record the following personal information and data: websites from which you visit this Website, the name of your internet service provider, the websites you visit, the date and length of your visit, and any personal or identifying information you send TeleMed2U through the “Contact Us” portion of this Website or any other portion of this Website. When you visit this Website, TeleMed2U servers and equipment may automatically record the following non-personal information and data: the links you click on from this Website, the search terms you use, the date and time you access this Website, which pages you visit on this Website, any internet address of websites from which you linked directly to this Website, the name of the domain from which you access the internet, and the type of web browser software you use. TeleMed2U may use cookies and active components (e.g. JavaScript) to track the preferences of visitors to this Website and optimize this Website and other TeleMed2U websites accordingly. TeleMed2U may use non-personal information for any purpose, without limitation. TeleMed2U may use personal information to respond and communicate with you, personalize access to this Website, send you information on new products or information on features of this Website that may be of interest to you, maintain records, enforce rules contained within these Terms, protect TeleMed2U property rights, protect the health, safety and welfare of others, to prepare, negotiate and perform a contract with you, establish or preserve a legal claim or defense, and to prevent fraud or other illegal activities. Your individual, identifiable, personal data will not be disclosed to third parties that are not affiliated with TeleMed2U without your consent. Please note that certain areas of many websites may not function properly if you reject a cookie.

13. Children

Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), TeleMed2U will never knowingly request personally identifiable information from anyone under the age of thirteen (13) without requiring parental consent. Any person who uses this Website or provides their personal information to TeleMed2U through this web site represents that they are thirteen (13) years of age or older.

14.Dispute Resolution.

TeleMewd2U will try work in good faith to resolve any issue you have with Website, including services ordered or purchased through the Website, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. In the event, we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Website, the Services or any other TeleMed2U site will be governed by the laws of the State of California, without regard to its conflicts of laws rules. You hereby waive any objections to such jurisdiction or venue. Any claims or controversies arising out of this Agreement, and/or the related use and access of the Website, the Services or any other TeleMed2U site, shall be exclusively in the state courts of Placer County, California.

15. Modifications of Website and Terms of Use

We reserve the sole right to change or modify any content, organization and construction of TeleMed2U.com at any time without advance notice but do not assume or imply any responsibility to update it. You are advised to review changes to these terms and conditions before use of the website. TeleMed2U may add, modify or amend these Terms at any time and for any reason without notice to you or any other person. You must review these Terms each time you enter this Website. By viewing content on this Website or using this Website, you accept the most recent version of these Terms.

You accept and agree to all other rules and policies related to this Website. You may also be subject to additional terms that may apply when you access certain areas or materials on this Website, or by following a link from this Website.

16. Notices

Notices, requests and other communications may be directed to:

TeleMed2U

Compliance Officer

2510 Douglas Blvd. #300
Roseville, CA 95661
Compliance Hotline: (916) 746-2350
E-mail: compliancedepartment@TeleMed2U.com

TeleMed2U focuses on connecting medical specialists with patients. With more than 15 years of clinical and operational experience in telemedicine, we have provided increased access to healthcare for a wide variety of patients in a multitude of settings. We are actively increasing access to healthcare.