 |
 |
TalktoaDoc, LLC
Terms of Use Agreement
IMPORTANT: READ THE FOLLOWING CAREFULLY BEFORE YOU ACCESS THE TALKTOADOC.ORG WEBSITE
By using and/or visiting this website (including all functionality available through this website), you indicate your acceptance to the following Terms of Use Agreement which sets forth certain standards and conditions to the use of the TalktoaDoc.org Online Service and acknowledge that you have read the Privacy Statement. If the terms and conditions of this Agreement are considered an offer, acceptance is expressly limited to these terms. As a condition to using this website, you agree to the following terms:
1. You represent that you are located in the State you selected when you first entered this site, that you are at least 18 years of age, and that you have the right and capacity to use this website. You agree to not permit anyone under the age of 18 to use this website without your supervision and without any necessary permission of any parent or other individual.
2. You acknowledge that TalktoaDoc.org provides a means whereby you, the User, may ask a medically-related question and communicate directly with a licensed physician either by text, voice or video, depending upon the nature of your computer equipment and whether or not you possess a webcam. Accordingly, TalktoaDoc.org is not providing any medical advice and is not establishing any doctor/patient relationship or privilege. Further, TalktoaDoc.org does not guarantee the accuracy or reliability of any information that you obtain from the physician or otherwise through this site. Any use that you make of any such information is at your own risk.
3. TalktoaDoc.org should not be used in the event of an emergency and should not be used in substitution of regular doctor visits and other appropriate medical care and treatment.
4. You acknowledge that TalktoaDoc, LLC has entered into contractual relationships with various physicians who are not employees of TalktoaDoc, LLC. Although each such physician has represented to TalktoaDoc, LLC that he/she is licensed to practice medicine and is obligated to notify TalktoaDoc, LLC of any change in that status, you agree that it is your responsibility to verify that the physician who responds to your inquiry has a current and valid license aforesaid, is in good standing with any pertinent professional organizations, and otherwise has the necessary background, qualifications, etc. to respond to your inquiry.
5. Although TalktoaDoc, LLC operates on a 24 hour per day, 7 day per week basis, one or more physicians may not be online at the time of your inquiry or available to respond, and that TalktoaDoc, LLC cannot guarantee the promptness of the response. Further, TalktoaDoc, LLC cannot (and does not) guarantee that access to this website will not be interrupted for reasons outside its control.
6. You acknowledge that it is your responsibility to provide any equipment necessary for your Internet connection and to arrange for access to the Internet and pay any fees related thereto.
7. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TALKTOADOC, LLC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND IT WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF THIS WEBSITE OR THE INFORMATION PROVIDED TO THE USER, EVEN IF TALKTOADOC, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT, HOWEVER, SHALL ANY LIABILITY OF TALKTOADOC, LLC EXCEED THE AMOUNT OF THE FEE CHARGED TO YOU FOR USE OF THIS WEBSITE.
8. You agree to indemnify, defend, and hold TalktoaDoc, LLC and its owners, officers, employees, and agents harmless from and against all liabilities, losses, claims, damages, actions and expenses (including reasonable attorneys’ fees) arising from, or as a result of your use of this website and communications with the physician(s) described above.
9. You agree to only use this site for its intended purpose and to not use this site in any way that violates any federal, state or local law.
10. TalktoaDoc, LLC reserves the right to deny access to this site to any person for any reason (other than due to race, sex, religion or any similarly protected classification) at any time without notice. TalktoaDoc, LLC also reserves the right, at any time, to modify the terms of this Agreement. Accordingly, any use of this website is subject to the terms hereof, as amended and in effect from time to time.
11. Although TalktoaDoc, LLC will respect the privacy of any privileged information that is protected by law, TalktoaDoc, LLC cannot guarantee that this website is secure and that outside people cannot “hack” into this site. Accordingly, you should carefully consider what information you provide on this site or to the physician so as to protect your rights to privacy and maintain any doctor-patient privilege that you may desire to establish with the physician.
12. This site may include links to other sites on the Internet (such as advertisers) that are owned and/or operated by third parties that are not affiliated with us. TalktoaDoc, LLC has no control over the content displayed by our advertisers or over the content located on, or through, any such third-party sites.
13. Content included or available on this site, including text, interfaces, and the selection and arrangements thereof, belongs to TalktoaDoc, LLC as its sole and exclusive property. Any use, reproduction or distribution of any materials on this site without our express written permission is prohibited. Further, you agree that you will not use any robot, spider or other automatic device or manual process to monitor or copy our web page or use this site or its content for your own commercial purposes.
14. Capturing any content including but not limited to video, voice, and/or text during any session with a doctor is strictly prohibited.
15. We reserve the right to charge you as a result of your use of this site, whether or not you feel that your question was answered to your satisfaction. If you do not think a charge is appropriate, you must follow the steps outlined in our Refund Policy within 10 days of your use of this site.
16. If you have a complaint about any physician please notify us.
17. This Agreement will be governed by and construed in accordance with the laws of Kentucky without regard to its conflict of law provisions. The invalidity or unenforceability of any provision of this Agreement will not affect in any way the validity or enforceability of any other provision of this Agreement which will remain in effect. You hereby consent to jurisdiction in the Commonwealth of Kentucky and venue in Jefferson County, Kentucky for any actions related to this Agreement and waive any right to contest such jurisdiction and venue.
18. This Agreement will bind and inure to the benefit of TalktoaDoc, LLC and you and our respective successors, heirs, and/or assigns.
|
 |
| |
|
|
