Last updated August 27, 2018
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SITE.
YOU MAY NOT USE THE SITE IF YOU ARE UNDER THE AGE OF 18. THE USE OR ACCESS OF THE SITE BY ANYONE UNDER THE AGE OF 18 IS UNAUTHORIZED, UNLICENSED AND IN VIOLATION OF THIS AGREEMENT.
We may modify this Agreement, or any policy or guideline of the Site, at any time at our sole discretion. Any modifications will be posted on this page and will be effective immediately, so we suggest you review this page on a regular basis. Your continued use of the Site after any modification will mean you agree to this Agreement as modified. If you do not agree to any amended terms, do not use the Site.
GlobalMed offers the Site through which Providers, patients and authorized third parties may connect for purposes of delivering, receiving, supporting and/or verifying telemedicine services. GlobalMed operates, supports and maintains the Site. GlobalMed is not a Provider and is not directly involved in transactions, nor a party to any contracts, between a Provider and a patient, a Provider and a third party, or a patient and a third party. Moreover, GlobalMed does not: (a) provide medical assessment, advice, diagnosis, and/or treatment; (b) control the quality, accuracy, scope or legality of any assessments, advice, diagnosis, treatments, information, or recommendations made by a Provider; (c) control any aspect of a Provider’s decision or the decisions of any third party such as an insurance company’s decision on whether or not a claim or service is covered by such insurance company or the patient’s policy; or (d) verify the accuracy, validity, legality, or appropriateness of any assessments, advice, diagnosis, treatments, information, and recommendations made by Providers. GlobalMed shall not be liable to you or any other person for any of the Services you obtain from a Provider or any third party.
THE SERVICES PROVIDED THROUGH THE SITE ARE NOT A SUBSTITUTE FOR MEDICAL CARE YOU MAY NEED. YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL 911 OR SEEK EMERGENCY MEDICAL HELP.
Telemedicine is the delivery of healthcare services such as medical assessments, diagnosis, advice and treatment via a virtual platform such as the Site where the patient and the healthcare provider are not in the same physical location. GlobalMed, through the Site, offers an online platform by which users can engage an independently licensed healthcare professional to obtain healthcare services such as medical diagnosis, medical advice and medical treatment of certain conditions.
Use of Site
The Site is available to individuals who are at least 18 years old and to minors (under 18 years of age) but only if the use of the Site is supervised by at least one parent or legal guardian who is at least 18 years old.
Ownership and Proprietary Information
The content and information on the Site, including the selection and arrangement of the content and information (“Site Content”) is proprietary to GlobalMed and/or its licensors, suppliers, publishers, rights holders, or other content providers. The Site and all Site Content is protected by U.S. and international copyright laws. GlobalMed’s name and logo, the name of products and services, and taglines and slogans displayed on the Site are registered and/or common law trademarks of GlobalMed and/or its licensors, suppliers, publishers, rights holders, or other content providers and may not be copied, imitated or used, in whole or in part, without the prior written permission of GlobalMed or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of GlobalMed and may not be copied, imitated or used, in whole or in part, without the prior written permission of GlobalMed. All other trademarks and service marks, whether or not registered, product names and company names or logos appearing on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation of such products, services, process or information by GlobalMed. The Site Content is not, and shall not be deemed to be, medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
The Site is operated by GlobalMed from its offices within the United States of America. GlobalMed makes no representation or warranty that the Site or Site Content are appropriate or available for use in other locations. If you access the Site from locations outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws. The Site may contain references or cross references to products, programs and services that are not announced or available in your country and such references do not imply that GlobalMed intends to announce such products, programs or services in your country. Consult GlobalMed for information regarding the products, programs and services which may be available to you.
GlobalMed does not warrant or guarantee continuous, uninterrupted, timely, secure or error-free access to or availability or use of the Site or the Site Content, nor warrant against cyberattacks or internet viruses. You may experience interruptions to the operation and/or functionality of the Site for many reasons including reasons outside of GlobalMed’s control. GlobalMed does not warrant or guarantee that any defects or bugs will be corrected.
GlobalMed reserves the right, in its sole discretion, without any notice or liability to you, to (a) terminate your right and access to use the Site, or any portion thereof, (b) block or prevent your future access to and use of all or any portion of the Site and the Site Content, (c) change, suspend or discontinue any aspect of the Site and the Site Content, and (d) impose limits on the Site and the Site Content.
Risk of Use
By using the Site, you have the convenience of accessing healthcare providers; however, the risks associated with in-person medical or healthcare services also exist in telemedicine which may include but are not limited to the following:
- The failure by you to provide complete, clear and accurate documents or information to the Provider which could affect the Provider’s ability to accurately diagnose your medical condition, correctly evaluate your medical condition, and provide the appropriate medical treatment.
- The failure of an electronic connection, server, computer, or other systems or technology could interfere and/or delay the communication between you and a Provider and the ability of the Provider to diagnose and evaluate the problem and provide medical advice.
- The failure of privacy and security protocols as technology continues to evolve and individuals attempt to gain unauthorized and unlawful access to our Site.
Use Restrictions on Intellectual Property
Subject to the terms, conditions and restrictions set forth in this Agreement, GlobalMed grants you a limited, non-exclusive, personal, non-sublicensable and revocable license to access and use the Site and to view, copy and print portions of the Site Content (the “License”). The License is specifically conditioned upon the following: (a) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (b) you may not modify or otherwise make derivative use of the Site or the Site Content, or any portion thereof; (c) any displays or printouts of Site Content must be marked “©2018 GlobalMed and its licensors, All Rights Reserved.”; (d) you may not remove or modify any Site Content including but not limited to any copyright, trademark or other proprietary notices that have been placed on the Site; (e) you may not use any data mining, robots or similar data gathering or extraction methods; (f) you may not use the Site or the Site Content other than for its intended purpose; (g) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (other than for page caching), except as provided herein; (h) you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GlobalMed; and (i) you may not use any meta tags or any other “hidden text” utilizing GlobalMed’s name or trademarks; without the express written consent of GlobalMed. Except as expressly permitted in this Agreement, any use of any portion of the Site or Site Content without the prior written permission of GlobalMed is strictly prohibited and will terminate the License.
Your unauthorized use of the Site or Site Content may violate applicable laws, including without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as expressly stated in this Agreement, you are not conveyed or granted, and nothing on the Site may be construed as conveying or granting any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or other intellectual or proprietary right of GlobalMed or of any third-party.
The Site may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”). Your use of links to Third-Party Sites and any Third-Party Content is at your own risk. GlobalMed does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Sites or Third-Party Content. A link to a Third-Party Site or Third-Party Content does not imply GlobalMed’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. GlobalMed does not accept any responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, any Third-Party Sites, Third-Party Content, or any other websites linking to the Site. You should review applicable terms and policies including privacy policies and data gathering practices of Third-Party Sites and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with a third-party.
You represent and warrant that your use of the Site and the Site Content will be consistent with the License and this Agreement, and will not infringe, misappropriate or violate the rights of GlobalMed or any other party, or breach any contract or legal duty to GlobalMed or to any other party, or violate any law.
U.S. Government Restricted Rights
The materials on the Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of GlobalMed’s proprietary rights in them.
THE SITE AND THE SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GLOBALMED EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SITE CONTENT, AND ANY OTHER INFORMATION AND MATERIALS ON THE SITE. GLOBALMED DOES NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, OR THE OTHER INFORMATION OR MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT AND ANY OTHER INFORMATION OR MATERIALS ON THE SITE AND ANY PORTION THEREOF.
YOU ACKNOWLEDGE AND AGREE THAT GLOBALMED PROVIDES AN ONLINE PLATFORM TO CONNECT PATIENTS TO INDEPENDENT THIRD-PARTY PROVIDERS AND GLOBALMED DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENTS.
INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. GLOBALMED CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. USE OF THE SITE IS SOLELY AT YOUR RISK.
Limitation on Liability
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST GLOBALMED, ITS AFFILIATES, OR THEIR RESPECTIVE PRINCIPALS, OWNERS, MANAGERS, DIRECTORS, OFFICERS, ATTORNEYS, EMPLOYEES AND AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF THE SITE CONTENT, OR ALLEGATIONS THAT GLOBALMED SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GLOBALMED OR ANY PARTIES PROVIDING SITE CONTENT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE, THE SITE CONTENT OR ANY INFORMATION OR MATERIALS ACCESSIBLE THROUGH THE SITE, EVEN IF GLOBALMED OR A GLOBALMED AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ANY THEORY OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF GLOBALMED, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EXCEED THE GREATER OF TEN U.S. DOLLARS ($10.00) OR THE AMOUNT YOU ACTUALLY PAID TO GLOBALMED, IF ANY, IN THE SIX MONTHS PRIOR TO THE EVENT WHICH GAVE RISE TO THE CLAIM.
IF YOU CREATE AN ACCOUNT TO USE THE SERVICES OFFERED THROUGH THE SITE, YOUR USE OF THE SITE AND SUCH SERVICES WILL BE SUBJECT TO THE SEPARATE AGREEMENTS, POLICIES, AND FEES. IN NO EVENT WILL GLOBALMED BE LIABLE FOR, OR SUBJECT TO DAMAGES RELATED TO, ANY SERVICES YOU OBTAIN FROM A PROVIDER OR THIRD-PARTY.
Some of the above limitations of liability may not apply to you. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such cases, GlobalMed’s liability will be limited to the fullest extent permitted by the applicable law.
You agree to indemnify, defend and hold harmless GlobalMed, its principals, owners, managers, officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers from and against all claims, actions, demands, liabilities and settlements, including without limitation reasonable legal, accounting and expert fees and costs (“Claims”) resulting from, or alleged to result from, your use of the Site and/or the Site Content, and/or a violation of this Agreement.
Governing Law and Dispute Resolution.
This Agreement and performance hereunder will be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to conflicts of law principles. You agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior to any other form of dispute resolution. All mediation or any other form of dispute resolution will take place in Phoenix, Maricopa County, Arizona. You consent to the personal jurisdiction of the state and federal courts located in Phoenix, Maricopa County, Arizona, stipulate to the fairness and convenience of proceedings in such courts, and irrevocably waive, and covenant not to assert, any objection to such venue.
The invalidity or unenforceability of any particular provision of this Agreement will not affect the other provisions hereof, and this Agreement will be construed in all respects as if such invalid or unenforceable provision were omitted.
GlobalMed may suspend or terminate your use and access of the Site without prior notice to you and for any reason. Upon such termination, GlobalMed shall not have any obligation to continue to provide you with access to the Site.
Digital Millennium Copyright Act (“DMCA”) Notice
We respect the copyright interests of others. If you believe any materials on the Site infringe upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent by providing a written notice that includes the following:
- A physical or electronic signature of the copyright owner a person authorized to act on the copyright owner’s behalf;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
All DMCA notices should be sent to our Designated Agent as follows:
Tabatha A. LaVoie, Esq.
LaVoie Law Firm, P.C.
8817 East Bell Road, Suite 201
Scottsdale, AZ 85260
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.
GlobalMed may also at its sole discretion limit or terminate access to the Site by any user who infringes any intellectual property rights of GlobalMed or others.