Website Terms And Conditions of use
1. MedVidi Website Terms and Conditions of Use
Welcome to the MedVidi Inc. website or software application (collectively, “Website”).
The content and information on this Website do not itself constitute any licensed services or medical advice and are for educational purposes only.
MedVidi Inc., a Delaware corporation doing business as MEDVidi, (“MedVidi”), owns and manages the Website. You may only use the Website if you can form a binding contract with us, and only if you comply with these Terms and Conditions and all applicable local, state, national, and international laws, rules, and regulations. All visitors and registered members are bound to these Terms and Conditions.
We may alter these Terms and Conditions without notice, and your continued use of the Website signifies that you agree to be bound by any future changes. You are encouraged to review these Terms and Conditions at regular intervals to monitor for updates. If you disagree, you should not use our Website. You may withdraw your consent at any time so long as we have not taken action or steps in reliance on your consent. If, at any time, you withdraw your consent to these Terms and Conditions of Use, we may discontinue your access to the Website.
2. Your access to this Website is governed by these Terms and Conditions.
3. Services and Features Accessible through the Website.
The Website may have services and features facilitating the coordination of non-emergent healthcare services. If you wish to utilize such services and features, you may be required to agree to our other agreements (sometimes called a “EULA,” which stands for end-user licensing agreement).
4. Services disclaimer: independence of professionals.
The professionals listed on the Website are not employees of MedVidi. Further, because MedVidi is not a healthcare, medical, or wellness provider, MedVidi does not recommend or endorse any specific tests, professionals, products, medications, devices, course of treatment, or other recommendation that may be included on the Website. The inclusion of professionals on the Website or in any professional directory located on Website does not imply recommendation or endorsement of such professional’s opinions, nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein.
Licensed professionals have the sole discretion to determine whether to continue treatment with a registered member.
Such information is provided on an “as-is” basis, and MedVidi disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose. MedVidi shall in no event be liable to you or anyone for any decision made or action taken by any party (including, without limitation, any Website user) inreliance on information about professionals listed on Website.
5. Member account and registration.
To access certain features of the Website, users must register and create an account. When you create an account, you may be required to provide us with some personal information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. You further agree that, as a condition of receiving member-specific services, you agree to report the state where you will be located when receiving services and that MedVidi relies on the accuracy of such reporting. Upon registration, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account details, including your password. You accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, please immediately notify MedVidi at email@example.com.
6. Our information collection, use, and disclosure.
7. Use of this Website does not constitute the formation of a provider-patient relationship and does not provide medical advice.
This Website’s content is provided only for informational and educational purposes and to facilitate members management of their health through telecommunications-enabled care from physicians and other health care professionals. The Website’s Content is defined as: text, images, videos, and blogs, including those written by guest writers; content displayed on MedVidi’s social media; information obtained from MedVidi’s licensors or third parties; logos, images, software, videos, text, graphics, photos, sounds, music, audiovisual combinations, interactive features, collections, and other materials you may view on, access through, or contribute to this Website (collectively referenced as the “Content” throughout).
MedVidi’s conduct on this Website does not constitute any licensed service. Its Content is strictly for educational purposes only. The Content of the Website does not constitute medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is further not intended to (i) replace a one-on-one relationship with a qualified health care professional, (ii) create a provider-patient relationship or a collaborative relationship, or (iii) create a duty for us to follow up with you.
If you have concerns about any medical condition, diagnosis, or treatment, please make an appointment directly with a licensed physician or another healthcare provider. In an emergency, call 9-1-1. MedVidi’s Website should not be utilized to replace current or future medical advice, diagnosis, or treatment.
You acknowledge that visiting MedVidi’s Website does not create a provider-patient relationship between you and MedVidi or any of the providers who use MedVidi. Your visit to this Website does not create any duty for us to follow up with you about any medical condition, diagnosis, or treatment. You acknowledge that you will consult your healthcare provider before considering use of any of MedVidi’s services.
8. User Acknowledgements.
As a condition of using the Website, all visitors and registered members acknowledge and agree that:
- Website services and Content are not reimbursable by any state or federal third party payor or commercial third party payor, including but not limited to a preferred provider organization, managed care organization, or the Medicare program.
- You will not submit any claims for reimbursement to any public or commercial party payor following use of Website.
- You are over the age of 18 and, if you are seeking services on behalf of a minor or other dependent, you must agree to these Terms and Conditions on their behalf.
- You will not use the Website services or Content for commercial purposes.
- Corporate entities, such as a corporation and limited liability company are not eligible for registration as a member.
- Your use of the Website may be revoked at any time in MedVidi’s sole discretion.
- By signing this Agreement, you agree to first aim to resolve any claim or controversy arising among or between the parties that arise out of or respecting any matter contained in these Terms and Conditions, or any differences as to the interpretation or performance of any provisions of these Terms and Conditions, using a meet-and-confer within 30 days of the date the party responding to the claim or controversy receives notice, to discuss in good faith referring the claim or controversy to non-minding mediation. In the event the parties do not agree to mediate or otherwise resolve the matter, or if a party fails or refuses to attend any meet-and-confer required by this provision, then either party may proceed to submit the claim or controversy to binding arbitration, as further described below.
- You agree to adopt binding arbitration as the preferred means of resolving disputes arising out of or relating to these Terms and Conditions, or any breach of these Terms and Conditions, including any dispute regarding the scope of this clause. Binding arbitration shall be conducted using the American Health Lawyers Association Dispute Resolution Service and conducted under the AHLA Rules of Procedure for Arbitration. Judgment on the award may be entered and enforced in any court having jurisdiction. The arbitrator shall have the authority to grant the parties all remedies otherwise available by law. You understand that you are waiving your right to a jury trial in favor of arbitration.
The arbitrator may be selected by mutual agreement of the parties. If the parties cannot agree to an arbitrator within 15 days of the submission of a party’s notice of intent to arbitrate the dispute, the arbitrator shall be selected from a neutral panel under the AHLA Rules of Procedure for Arbitration. Notwithstanding anything to the contrary in the applicable arbitration rule, the arbitration shall provide: (i) for written discovery and depositions adequate to give the parties access to documents and witnesses that are essential to the dispute; and (ii) for a written decision by the arbitrator that includes the essential findings and conclusions upon which the decision is based.
To the extent permitted by law, attorney’s fees and costs incurred in conducting arbitration shall be allocated equally between the parties; however, the parties agree that all remedies available under law or statute will be available to MedVidi by submitting to arbitration.
The requirement to arbitrate set forth in these Terms and Conditions shall not include any claims which either party cannot be required to arbitrate as a matter of law, or any matters required first to be brought before an administrative forum. These Terms and Conditions do not preclude either party from filing a claim or charge with a governmental agency.
The above agreement to arbitrate disputes does not prohibit or limit a party’s right to seek equitable relief from a court, including injunctive relief, pending the resolution of a dispute by arbitration.
- MedVidi may modify, suspend, or discontinue, temporarily or permanently, the Website with or without notice to you and you agree to hold MedVidi harmless from any harm resulting from such modification, suspension, or discontinuance.
9. Do not share Protected Health Information via this Website.
Because we do not store or transmit protected health information (“PHI”) through this Website, our activities as they relate to this Website and its Content do not comply with the Health Insurance Portability and Accountability Act (“HIPAA”).
This means: Unless expressly directed to do so and through a secure HIPAA portal, do not use this Website to provide, transmit, store, or disclose any health information that constitutes PHI. MedVidi accepts no affirmative duty to monitor whether you provide, transmit, store, or disclose PHI while using this Website or its Content. If you violate these Terms and Conditions and share PHI through this Website regardless, or if we become aware that you are using, providing, transmitting, storing, or disclosing PHI, we may revoke your access to the Website.
Remember that once you share information online, it may be impossible to make that information private again. If you use, provide, transmit, store, or disclose PHI through this Website, you agree to indemnify MedVidi against any damages, losses, liabilities, judgments, costs, or expenses, including reasonable attorney fees and costs, that arise from your use, provision, transmission, storage, or disclosure of PHI.
You are strongly urged to not share PHI through our Website or on our social media unless you do so through a specifically designated HIPAA-compliant and encrypted portal.
10. Express Consent to Billing Methods
Registered members agree to submit payment through MedVidi’s chosen processor. Registered members further acknowledge and consent to MedVidi’s storage of any credit card or other payment method to submit payments.
11. Your permitted uses of our Website Content.
Unless otherwise expressly stated, MedVidi (or its licensors) owns the entirety of the Content on this Website. The Content is protected by United States, state, and worldwide copyright laws and treaty provisions.
A. Our grant of limited personal license to you.
Except as provided above, you may not: copy, reproduce, modify, use, republish, upload, post, advertise, transmit, or distribute any of the Content, including any trademarks, names, logos, or intellectual property, in any commercial manner without MedVidi’s prior written consent and you may not redeliver or present any of the pages, text, images, or the Content using “framing” technology, nor systematically retrieve data, information, or the Content to create a collection, compilation, database, or directory.
MedVidi reserves all rights not expressly granted.
12. Rules governing your conduct while visiting this Website.
MedVidi has the right, but not the obligation, to monitor all conduct on this Website. You expressly agree that you will not: deceive, harass, stalk, harm, or exploit any other registered members; distribute spam; collect or record information about other users; or advertise or solicit others to purchase any product or service.
You will not use this Website or its Content: for any unlawful purpose; reverse engineer Website for pecuniary gain; to solicit others to perform or participate in unlawful acts; for any obscene purpose; to violate any regulations, rules, laws, or ordinances; to submit false or misleading information; to upload or transmit any viruses or any other type of malicious code that will be used in a way that will affect the functionality or operation of the Website; or to collect or track the personal information of others. We reserve the right to terminate your use of the Website for engaging in such conduct.
MedVidi may terminate your membership for violating the above terms or for any other reason not otherwise prohibited by law.
13. This Website does not collect information about minors.
If we determine that a visitor is under the age of eighteen, we do not collect personally identifiable information about them. If we inadvertently or accidentally encounter personally identifiable information about a child under the age of eighteen, we will not knowingly disclose that information to any third party.
14. Disclaimer of liability and statement of no warranty.
THE INFORMATION ON OUR WEBSITE IS PROVIDED ON AN “AS IS” BASIS. MEDVIDI MAKES NO REPRESENTATIONS, AND NO EXPRESS OR IMPLIED WARRANTIES, CONCERNING THE CONTENT, OR OTHERWISE REGARDING THIS WEBSITE OR ANY WEBSITE LINKED THROUGH THIS WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, MEDVIDI DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
MEDVIDI DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, TIMELINESS, OR AVAILABILITY OF THIS WEBSITE OR THE CONTENT OF ANY WEBSITE LINKED THROUGH THIS WEBSITE. AT ALL TIMES, MEDVIDI’S LIABILITY TO ANY REGISTERED MEMBER SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO MEDVIDI FOR SERVICES DURING THE TERM OF YOUR MEMBERSHIP.
By using this Website, you demonstrate that you assume the risk of accessing and using the information it provides. We do not guarantee the accuracy of information provided on this Website, and we reserve the right to correct any errors or inaccuracies at any time without prior notice. MedVidi is not responsible for any errors or omissions in the information provided.
A. We are not responsible for any Website visitors’ damages.
By using this Website, you agree that MedVidi is not responsible to you or others for any loss or damage that results from your use (or non-use) of this Website or any linked third party’s website. These potential losses or damages include, but are not limited to direct, indirect, special, consequential, compensatory, or incidental damage; lost profits or data; damage to your computer resulting from viruses; loss of or damage to other property; claims of third parties; or penalties resulting from copying or displaying this Website.
MedVidi is not responsible for these consequences, regardless of whether we have been advised or knew or should have known of the possibility of such damages or claims. Your sole and exclusive remedy against MedVidi is to stop using this Website. Without limiting the preceding paragraphs, you expressly release MedVidi from any responsibility and liability relating to your use of this Website, linked websites, or information contained in this Website or linked websites.
15. Information that you provide via this Website.
A. Our right to monitor activity on our Website.
We have the right, but not the duty, to monitor your use of this Website, including any information you provide through it. You are responsible for the information that you send, submit, or provide through our Website. You agree not to transmit information that is illegal, threatening, libelous, defamatory, obscene, ethnically, or racially offensive or discriminatory, profane, invasive of another’s privacy, or violative of any law or confidentiality agreement.
We may or may not affirmatively monitor the information provided through this Website, but if such information is brought to our attention, we may edit, delete, modify, or ban the information, and take legal action against you.
B. Your consent to electronic communications.
If you provide MedVidi with your email address, you consent to receive unencrypted and unsecured email communications from us. You agree that any notices, agreements, disclosures, or other communications that we send you via email satisfy any legal communication requirements.
Any information you provide to MedVidi or by email may be misdirected or intercepted by unintended recipients. Therefore, email may not be a confidential means of communication. Please do not transmit any sensitive or confidential information to us via email if you have confidentiality concerns.
16. Links to third-party Websites.
This Website may occasionally provide links to third-party websites. By clicking on these links, you agree that we cannot control the information presented on such third-party websites and are thus not responsible if you choose to follow those links. Although we may use third-party websites to provide our services, such websites are not maintained by, nor are they related to, MedVidi.
By clicking on such links, you agree that we are not responsible for their content, regardless of whether your access is provided by MedVidi or by another third party. We do not guarantee the accuracy, timeliness, or suitability of the content of any third-party website.
Any links that we provide to third-party websites should not be construed as endorsements of the products, services, or sponsoring organization of that linked website. Your sole and exclusive remedy for claims arising from any such third-party products or services is against that third party. MedVidi is not responsible for these claims.
A. Third-party websites may link to this Website.
MedVidi hereby grants third-party websites the limited right to link to its Website. This limited license does not permit third-party websites to use “framing” technology to capture MedVidi’s Content, and it does not permit any activity that could create a misimpression or confusion among visitors concerning sponsorship or affiliation. If your website provides a link to this Website, please notify MedVidi within 72 hours of placing such link. You agree to remove the link and any reference to MedVidi if we make such a request, and you agree to comply with such requests within 24 hours.
17. Do not submit ideas, suggestions, or other Creative Material.
Do not send us any ideas, suggestions, materials, concepts, or other information (collectively “Creative Material”), unless we ask you to do so. If you violate these Terms and Conditions, any Creative Material you send to us will become MedVidi’s property. This means that we will have unrestricted use of the Creative Material for our personal and commercial purposes. Regardless of how we use that Creative Material, you will not be compensated, and we will not be liable to you or to any other person involved with developing the Creative Material.
If you send Creative Material to MedVidi, you agree: that you waive your rights to the Creative Material; that the Creative Material is original to you; that you have the right to submit the Creative Material to us; and that you have no recourse against MedVidi for any alleged or actual infringement or misappropriation of any proprietary right in any Creative Material. We are not obligated to maintain the confidence of any Creative Material. MedVidi further disclaims any liability that may result from its disclosure of any Creative Material submitted in violation of its policy.
18. Your agreement to indemnify MedVidi.
You agree to indemnify MedVidi against any claims, damages, losses, liabilities, judgments, costs, or expenses (including reasonable attorney’s fees and costs) arising out of any third party’s claims related to your use of this Website, your failure to comply with applicable laws and regulations, or any misrepresentations made to MedVidi in violation of these Terms and Conditions.
19. Our operation of this Website.
We make all reasonable efforts to keep this Website operational and available. These efforts are subject to scheduled maintenance, unscheduled maintenance, and systems outages. We do not provide any assurance or warranty that: access will always be available; service will be uninterrupted; its operation will be error-free; any defects will be corrected; or that our Website’s servers are free from viruses or other harmful components. You agree to assume the entire cost of servicing, repairing, or correcting your property might be necessitated by your use.
20. Online privacy and Communications.
A. Compliance with online communications privacy laws.
We strive to comply with all applicable laws concerning online communications privacy. However, your use of this Website signifies your acknowledgment that the internet is neither more nor less secure than other communications media, including mail, fax, and telephone services, all of which can be intercepted or otherwise compromised.
We encourage you to assume that all internet communications may be non-secure and exercise caution when sharing information about your health.
21. Our proprietary rights to this Website.
A. Copyright and trademark protections.
This Website’s Content is protected by applicable copyrights, trademarks, service marks, patents, or other proprietary rights and laws. By using the Website, you agree not to sell, license, rent, modify, copy, distribute, reproduce, transmit, redistribute, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Your use of the Content for any purpose that is not expressly permitted by these Terms and Conditions is prohibited.
B. No reproduction of this Website’s Content.
Reproduction, replication, or redistribution of any of the Content for commercial purposes is prohibited.
22. Disclaimer for visitors’ and registered members health or injuries.
A. Waiver of claims against MedVidi.
You understand that MedVidi is not responsible for any injuries that you sustain from using its Content. You expressly waive any claim for any injury at any time against (i) MedVidi or (ii) any person or entity involved with MedVidi, including, without limitation, its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.
B. No warranty or guarantee of outcome.
MedVidi works to provide accurate information on this Website. However, we may include testimonials and examples on this Website from persons whose health or other concerns are distinct from yours. These are not guarantees that you will achieve comparable results by undertaking a comparable program. Your results will depend upon your background, effort, overall health, medical history, providers, and many other factors beyond the scope contemplated by this Website.
MedVidi DOES NOT guarantee or warrant that you will have any specific result following use of Content or its Website and expressly disclaims any responsibility relating to any treatment, action, or intervention offered through the Website.
23. Intellectual property infringement.
MedVidi respects intellectual property rights. If you believe that information on our Website constitutes a copyright or trademark infringement, please provide us with the following information: (1) the claimed infringement; (2) reasonably sufficient information to allow us to locate the claimed infringement on the Website; (3) the owner or complaining party’s contact information, including name, address, and email address; (4) the owner’s signature; (5) a statement by the owner that the owner has a good faith belief that the use of the copyright or trademark is not authorized by the copyright or trademark owner, its agent, or the law; (6) a statement, under penalty of perjury, that the information is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Under a valid DMCA takedown notice, MedVidi will notify you if we have removed copyright-protected material.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
24. No assignment of Terms and Conditions.
MedVidi may assign or transfer these Terms and Conditions or licenses without notice. However, they are not transferable by you to others.
25. Enforcement of Terms and Conditions.
A. Conflicts governed by California law.
B. Treatment of unenforceable provisions.
By using this Website, you agree that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded. You agree that, if an unenforceable provision is modified or disregarded under this paragraph, then the rest of these Terms and Conditions will remain in effect as written. And you agree that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
C. Validity of waivers of these Terms and Conditions.
D. Entirety of the agreement between visitors and MedVidi.
E. Amendments and modifications to these Terms and Conditions.
26. Affiliate disclaimer.
Under the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255 Sections 255.0 through 255.5, we reserve the right to provide links on this Website that may be affiliated links. This means that MedVidi may be paid if you purchase products or services through affiliates’ links.
If at all, MedVidi only provides affiliated links for products or services that it believes will add value to its visitors.
27. Your agreement and acknowledgment.
By your continued use of MedVidi’s Website, you understand and acknowledge that you have read the Terms and Conditions, and you agree to be bound to them.