These Terms may be modified or expanded from time to time. The most recent revisions to these Terms will be communicated on or through the VideoMedicine web site www.VideoMedicine.com. Each time You use VideoMedicine, You should check the Web site to see whether and how the Terms have been changed. Your continued access to or use of VideoMedicine will constitute Your acceptance of any changes or revisions to these Terms. The Terms of this Agreement pertain solely to services provided by VideoMedicine to Providers and patients in the United States, Italy or China. In any other setting, this Agreement is null and void.
Through VideoMedicine, as described more fully in these Terms, a Provider can provide You either educational or clinical services, or both. Your failure to follow these Terms, however, whether listed below or communicated through the VideoMedicine Web site, may result in the suspension or termination of Your access to VideoMedicine without notice, in addition to any other remedies that may be available to Us at law or in equity.
Providers electing to communicate through VideoMedicine are not the agents, servants, or employees of VideoMedicine and are not providing services on behalf of VideoMedicine. VideoMedicine has no authority to advise a Provider to use or not use VideoMedicine, either in general or in any specific case, nor any authority to, on the basis of any evaluation of the quality of service or the skill of a Provider, terminate or in any way define, modify or limit his or her use of the service. VideoMedicine does not compensate Providers for their services. Nor does VideoMedicine have any control over or knowledge of the accuracy of any statements Providers make about themselves through VideoMedicine. VideoMedicine cannot and does not offer any representations about the knowledge, skill, training, or experience of any Provider, nor does it have any knowledge of any claims that may have been asserted against any Provider by any person or entity, nor of any disciplinary actions that may have been taken or that may be pending against any such Provider, nor of any billing irregularities, alleged or established, associated with the services of any such Provider, nor what if any hospital privileges any such Provider may have, nor how, if at all, such privileges may have changed in the past or may change in the future.
“Affiliate” means all agents, servants, employees, parents, subsidiaries, siblings, successors, heirs, or assigns of VideoMedicine or of Salus Telehealth, Inc., and each of their respective officers, directors, members, employees, agents, servants, or representatives, and their respective successors and assigns.
“Consumers” are those individuals who elect to communicate with Providers on VideoMedicine.
“Individually identifiable health information” is defined according to 45 C.F.R. § 160.103, and refers to health information, including demographic information, that is (1) created by a Provider or by Us; (2) relates to Your health, the provision of health care to You, or payment for such health care; and (3) either identifies You or could reasonably be used to identify You.
“Patients” are those Consumers who have agreed to accept a Provider’s services in making diagnoses or in recommending treatment or both for them, including, where the Provider deems it appropriate and lawful, and where it is within the scope of the Provider’s practice, the prescribing of medications exclusive of controlled substances.
“Protected Health Information” (PHI) is defined according to 45 C.F.R. § 160.103, and refers to any individually identifiable health information, as defined above, that is transmitted or maintained in any form or medium, including electronic media, about health status, provision of health care, or payment for health care that is identifiable, meaning it can be linked to a specific individual.
“Providers” are licensed physicians, physician assistants, psychologists, mental health counselors, diabetes educators, nurses, nurse practitioners, chiropractors, health and wellness coaches, personal trainers, dieticians, and nutritionists, who communicate with Consumers using VideoMedicine and who arrange to be listed here, as well as naturopaths, who do the same.
“Standard Rate:” The rate a Provider will charge Consumers or Patients for his or her time spent communicating with them through VideoMedicine, stated per session or per service. All rates and dollar values under this document shall be valued using United States Dollar (USD) currency.
“User Experience Managers” (UEMs) are technicians who contract with VideoMedicine and are available to help Consumers to identify potential specialist candidates. UEMs are not clinically trained and provide their services only upon Consumer request. Identification of a specialist candidate by a UEM does not constitute an endorsement, recommendation, or preference for that candidate by the UEM or by VideoMedicine.
VideoMedicine Services means video, audio, or written communication between a Provider and a Consumer, or some combination of such communications.
“We” or “Our” or “Us” means VideoMedicine or Salus Telehealth, Inc.
“You” or “Your” or “Yourself” or “My” refers to a Consumer or a Patient.
“Party” or “Parties” refers to either Us or You in our respective capacities as signatories to this Agreement.
A. VIDEOMEDICINE DOES NOT PROVIDE LEGAL ADVICE
VideoMedicine is neither a lawyer nor a law firm. It does not practice law, nor seek to practice law. In offering these Terms to You, VideoMedicine does not enter into an attorney-client relationship with You, or with anyone else, nor does it offer anyone legal advice. In particular, that We make VideoMedicine available to You does not mean that We assert that a Provider may lawfully use it in the Provider’s or any other jurisdiction for any purpose. Your choice to access VideoMedicine is at Your own initiative and Your own risk.
B. VIDEOMEDICINE DOES NOT PROVIDE MEDICAL, HEALTH OR HEALTHCARE ADVICE
VideoMedicine is neither a physician nor a medical practice. It does not practice medicine, nor seek to practice medicine. Nor is VideoMedicine any other kind of Provider nor a Provider practice. In providing Terms to You and to Providers, VideoMedicine does not enter into a Provider-patient relationship with anyone, nor does it offer health or healthcare advice of any kind to anyone.
Providers with whom You communicate on VideoMedicine are independent health care professionals, not employees or agents of VideoMedicine, and are solely responsible for the services they provide to You; they pay a fee to be listed here. VideoMedicine is not in any way a partner of any Provider, nor a member of any Provider’s group, nor in practice nor in business with any Provider. VideoMedicine has no power to hire Providers. VideoMedicine may terminate any agreement it has with any Provider, but otherwise has no authority to discipline, fire or terminate Providers. In particular, VideoMedicine has no authority to influence, much less control, how Providers practice, nor does it seek to acquire any such authority. On the contrary, VideoMedicine recognizes, and by installing, downloading, registering with, or in any way using VideoMedicine, You also recognize that Providers are professionals authorized and obligated to exercise their own independent professional judgment in the education of Consumers and in the care of Patients, and that VideoMedicine has no authority, nor any obligation, nor does it seek any such authority or obligation, to play any role in making any such judgments. In particular, Providers exercise their own independent medical or healthcare judgment in determining whether You can benefit from their communications, in determining whether You may be appropriately diagnosed in the VideoMedicine system, and in determining whether You may be appropriately treated through the VideoMedicine system. VideoMedicine itself has neither control nor influence over such decisions, nor does it attempt to exercise control or influence over them. VideoMedicine does not interfere with the practice of any Provider with whom You may communicate, each of whom is responsible for services and compliance with the requirements applicable to his or her profession and license.
Any Provider willing to abide by the Terms VideoMedicine offers to such professionals may be listed on VideoMedicine. VideoMedicine does not recommend or endorse any specific Provider, clinician, test, product, procedure, opinion, or other information that may be mentioned by or discussed with a Provider through VideoMedicine. Deciding to engage with a Provider is Your decision entirely. Reliance on any information provided by the Provider through VideoMedicine is solely at Your own risk. Providers, and not VideoMedicine, are responsible for the information furnished through or listed on VideoMedicine. VideoMedicine does not hold out any Provider listed on VideoMedicine or elsewhere as its employee or agent but in fact expressly denies that any such Provider is its employee or agent.
3. EDUCATIONAL PURPOSE
The educational purpose of VideoMedicine is to furnish an online tool for Providers to meet and provide Consumers with information about health and healthcare. VideoMedicine does this by licensing its online platform to Providers who conduct scheduled real-time online information sessions with Consumers who have signed up for the service. We do not furnish this service as a means for Us to practice any of the healing arts or for Providers to care for Patients. Rather, we furnish it to enable Providers to educate Consumers about matters that a Provider determines fall within that Provider’s expertise.
Through VideoMedicine’s educational arm, Consumers will be able to ask questions of and otherwise seek information from Providers. Communications between the Consumer and a Provider using VideoMedicine for educational purposes are not and are not intended to be a substitute for professional medical or health professional advice, diagnosis, or treatment. A Consumer utilizing VideoMedicine for educational purposes must also seek the advice of his or her own qualified health care provider regarding any questions the Consumer may have with respect to a medical condition or health or healthcare problem or for clinical care. As a Consumer, You agree to never disregard professional health or healthcare advice or delay in seeking it because of information You have been provided through VideoMedicine. As a Consumer, You also agree that Your reliance on any information a Provider provides through VideoMedicine is solely at Your own risk.
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, THE INFORMATION PROVIDED BY YOU THROUGH VIDEOMEDICINE IS FOR EDUCATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, TREAT OR MITIGATE DISEASE OR INJURY OR ANY MEDICAL OR HEALTH CONDITION, OR TO CONSTITUTE MEDICAL OR HEALTH OR HEALTHCARE ADVICE OF ANY KIND.
VIDEOMEDICINE IS NOT INTENDED FOR USE IN EMERGENCIES. IF YOU THINK YOU HAVE OR MAY HAVE A MEDICAL OR HEALTH EMERGENCY, YOU AGREE TO CALL YOUR PROVIDER OR THE APPROPRIATE EMERGENCY CONTACT NUMBER IN YOUR LOCATION.
4. CLINICAL PURPOSE
The clinical purpose of VideoMedicine is to furnish a method for a Provider in appropriate circumstances to provide Patients with diagnoses or treatments or both. Clinical use of VideoMedicine may not be lawful in every jurisdiction or in every clinical circumstance. Clinical use of VideoMedicine may not be medically appropriate or appropriate for health care in many clinical situations. If You decide to become a Patient, and thus to accept clinical services from a Provider through VideoMedicine, You acknowledge that it is the responsibility of the Provider, and not of VideoMedicine, to determine whether 1) The nature of Your problem is such that it is professionally appropriate to clinically assist You with that problem through VideoMedicine; and 2) It is lawful for the Provider to diagnose or treat You or both through VideoMedicine.
YOUR DECISION TO SEEK DIAGNOSTIC OR THERAPEUTIC SERVICES OR BOTH THROUGH VIDEOMEDICINE IS SOLELY YOURS TO MAKE. VIDEOMEDICINE IS NOT QUALIFIED TO NOR DOES IT ATTEMPT TO MAKE SUCH DECISIONS FOR YOU OR FOR ANYONE ELSE. VIDEOMEDICINE HAS NO PATIENTS OF ITS OWN AND PLAYS NO ROLE IN THE MANAGEMENT OF ANY PATIENT, NOR DOES IT SEEK TO NOR IS IT QUALIFIED TO.
There are two circumstances in which, assuming there is no legal impediment to his or her doing so, and assuming the nature of the Patient’s problem is such that utilizing VideoMedicine is clinically appropriate, a Provider may be able to provide professional medical or health or healthcare advice, diagnoses, or treatment, including in proper cases prescriptions for medications other than controlled substances, through VideoMedicine.
A. In those cases in which You are already a patient in a Provider’s practice, the Provider may provide diagnoses or treatment advice or both, and, if lawful, clinically appropriate and within his or her scope of practice, he or she may prescribe medications other than controlled substances. It is the responsibility of Your Provider, and not of VideoMedicine, to ensure that all laws applicable to controlled substances are complied with.
B. In addition, in certain jurisdictions, if a Provider is licensed to practice medicine or another form of healthcare in such jurisdiction AND You have Your primary residence or are physically present in that jurisdiction, AND the Provider agrees to accept You as a patient, You may form an appropriate Provider-physician relationship, and then be diagnosed or treated or both, up to and including, where appropriate, and where within the Provider’s scope of practice, getting prescriptions, other than prescriptions for controlled substances, without having to see the Provider in person. You acknowledge that it is the Provider’s responsibility, and not VideoMedicine’s, to determine whether, under relevant law, the Provider may perform clinical services for Patients through VideoMedicine. In all cases, You acknowledge that it is the duty of the Provider, and not of VideoMedicine, to abide by all laws applicable to telemedical, telehealth, or distance care diagnosis, treatment plans and prescriptions.
If You decide to become a Patient of a Provider through VideoMedicine, You represent and warrant that You have a primary care provider, and You understand and agree that VideoMedicine is providing only limited non-emergency services that are not a substitute for, nor intended to substitute for, the advice of Your primary care provider or of other qualified health care professionals. You understand that You should never delay seeking advice from Your primary care provider or other providers because of information provided through VideoMedicine. You agree that You will seek emergency help when needed, or when You think there is some chance it may be needed, and that You will continue to consult with Your primary care provider as he or she recommends.
5. CONSUMER CODE OF CONDUCT
In using VideoMedicine, whether for educational or for clinical purposes, You agree to comply at all times with the following code of conduct:
* You must use an iPhone/iPad/Android phone/Android tablet/webcam with a high quality Wifi or cellular connection for participating in educational sessions with or to be diagnosed or treated by a Provider. (A minimum cell network quality of 4G capability is recommended.) You are responsible for ensuring that Your Internet connectivity meets these specifications before using VideoMedicine services.
* If You wish to use VideoMedicine for clinical purposes, You must truthfully identify Yourself and Your location. For educational purposes, You may remain anonymous.
* If You wish to use VideoMedicine for clinical purposes, You must truthfully state Your age. For educational purposes, You may remain anonymous.
* When You are using VideoMedicine for clinical purposes, You must identify anyone else who may be present in the room where You are located.
* You acknowledge that Providers and Your insurers will rely upon Your representations.
* You must recognize that confidentiality can be compromised if it is not carefully handled, and sometimes even when it is, and so You must take reasonable steps to maintain confidentiality with respect to Your communications with Providers.
* You agree to use VideoMedicine for lawful purposes only and You acknowledge that Your failure to do so may subject You to civil or criminal liability or both and to termination of Your privilege to utilize VideoMedicine.
* You understand that You, and not VideoMedicine, are responsible for ensuring that Your use of VideoMedicine’s services is in compliance with all applicable laws and regulations in your jurisdiction.
In order to use VideoMedicine, You will be required to register and set up an account with Us. In order to do so, You will be provided, or required to choose, a username, a password, and/or other registration information. You agree and represent that all information provided by You, including without limitation Your age and place of residence, will be accurate and up-to-date. You may not impersonate, imitate, or pretend to be another person when registering and/or
setting up an account on VideoMedicine, nor knowingly allow another person to impersonate, imitate, or pretend to be You. If any of the information You provide when You register changes, You must update it with reasonable promptness by using the appropriate update mechanism on VideoMedicine. If because You have posted any inaccurate information or any allegedly inaccurate information any claim, demand, damages, or suit is brought against VideoMedicine or any of its Affiliates, You agree to indemnify them all and to hold them all harmless.
You are solely responsible for maintaining the confidentiality of Your username and password. You may not authorize others to use Your username or password, or transfer or assign Your username or password to anyone else without Our written approval. Any attempt to do so will be null and void, and grounds for Our termination of Your VideoMedicine account. You are also solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your username or password, with or without authorization, or who has access to any mobile or other device on which Your account resides or is accessible. VideoMedicine is not liable for any unauthorized access or use of Your account.
If You have reason to believe that Your account is no longer secure, You must promptly change Your username and password, or immediately close Your account. You must also promptly notify VideoMedicine at Our Contact Us page at www.VideoMedicine.com/contact of Your concerns about the security of Your account, of the basis of Your concerns, and of any steps You have taken and/or plan to take to deal with Your concerns.
7. FEES AND PAYMENTS
We reserve the right to change the amount of, or basis for determining, any fees payable by You to use VideoMedicine, and to institute new Fees. This applies to credit cards, bank wires, cash, checks and all credits purchased through the Apple or Google stores. Since You are apprised in advance of the charges associated with any service You request through VideoMedicine, any such change will be apparent to You before You agree to be bound by it.
You will have an account balance that You can add to or subtract from. Part of this account balance will become reserved when You make an appointment with a Provider. This reserved balance prevents You from making more appointments than Your balance can pay for. It is intended to guarantee the Provider can get paid for the appointment. The reserved balance becomes available for spending at the appointment start date and time. The final charge to Your reserved balance can be adjusted by the Provider at the end of the call. See below for cancellation rules.
If You submit Your credit, debit, or charge card information to VideoMedicine upon registration or otherwise, You give Us permission to charge all fees incurred through Your account to the Apple account, Google account, credit, debit or charge card You designate. All fees will be charged at the time they are incurred. If payment cannot be charged to Your credit, debit, or charge card, or Your payment is returned for any reason, including any charge back, We reserve
the right to suspend or terminate Your account, charge an additional returned-payment fee, and turn the account over to a 3rd-party (either collections agency or attorney) for further action.
A. Cancellations; Lateness
* If You cancel more than 24 hours before the appointment start time, You will not be charged. If You cancel within 24 hours of the appointment start time, You will be charged for the full value of the scheduled appointment at the Provider’s Standard Rate.
* If You fail to show up for an appointment, You will be charged for the full value of the scheduled appointment.
* If You are more than 5 minutes late for the appointment, the Provider will receive credit for the full value of the scheduled appointment. If You are late and the appointment begins within 5 minutes of the scheduled appointment time, the Provider must fill the rest of the scheduled appointment time with You. If you are more than 5 minutes late, the Provider is free to release the time and is not obliged to see You.
* If the Provider does not answer Your call and You are within 5 minutes of your appointment time Your account will not be charged.
B. Funds returns
* Payment return request from your VideoMedicine account balance to Your credit/debit card must be submitted within 120 days of the initial charge.
* Payment return request from your VideoMedicine account balance to Your credit/debit card must be returned only to the card in which the payment was made.
8. INTELLECTUAL PROPERTY
All graphics, text, photographs, images, video, audio, and other material supplied by or through VideoMedicine are protected by federal, state, and foreign copyright, trademark, and other intellectual property laws. We and Our licensors grant to You a limited, non-exclusive, right and license to use the foregoing solely as described at www.VideoMedicine.com, as limited by these Terms, provided that You keep intact any and all copyright and other proprietary notices. Failure to abide by these terms could result in termination of Your ability to use VideoMedicine, in addition to any other remedy available to VideoMedicine at law.
VideoMedicine also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Us or Our licensors that may not be clearly identified as, or intended for, Your use, including without limitation the organization, design, compilation, and “look and feel” of VideoMedicine (collectively, “Content”). Such Content is protected by federal, state, and foreign copyright, trademark and other intellectual property laws, and is the property of VideoMedicine or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by You, directly or indirectly,
of any such Content is strictly prohibited. Without limiting the foregoing, You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through VideoMedicine without Our prior written consent.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with VideoMedicine or its associated software, hardware and/or servers in any way, and You agree not to impede or interfere with others’ use of VideoMedicine. You agree not to attempt to gain unauthorized access to VideoMedicine servers by any means.
You also acknowledge that we have not reviewed and do not endorse the content or privacy practices of any sites or services (including other applications) linked to from VideoMedicine and are not responsible for the content or actions of any other sites, services, or applications linked to from VideoMedicine. Your linking to any service or site is at Your sole risk.
You agree to indemnify, defend, and hold harmless VideoMedicine and its Affiliates, and each of their respective officers, directors, members, employees, agents, representatives, and each Provider with whom You may have contact through VideoMedicine, and each Provider’s respective agents, employees, successors, and assigns from and against any and all suits, claims and liabilities (including reasonable attorney’s fees) that may arise from Your submissions, from Your unauthorized use of material obtained through VideoMedicine, from Your breach of these Terms, or for any other acts or omissions related to Your use of VideoMedicine.
10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOU ARE USING VIDEOMEDICINE AT YOUR OWN RISK. VIDEOMEDICINE IS PROVIDED TO YOU “AS IS” AND WE, OUR AFFILIATES, YOUR PROVIDERS, AND EACH PROVIDER’S RESPECTIVE AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED HEREIN OR PROVIDED BY VIDEOMEDICINE OR THE PROVIDER. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO VIDEOMEDICINE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALWARE WILL BE TRANSMITTED ON OR THROUGH VIDEOMEDICINE. ACCORDINGLY, VIDEOMEDICINE ASSUMES NO LIABILITY FOR OR RELATING TO
THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF VIDEOMEDICINE.
NEITHER VIDEOMEDICINE, OUR AFFILIATES, YOUR PROVIDERS, NOR EACH PROVIDER’S RESPECTIVE AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS SHALL BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES SUSTAINED OR ALLEGEDLY SUSTAINED ARISING OUT OF THESE TERMS, THE PROVIDING OF VIDEOMEDICINE HEREUNDER, THE SALE OR PURCHASE OF ANY SERVICES, YOUR ACCESS TO OR INABILITY TO ACCESS VIDEOMEDICINE, INCLUDING FOR VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALWARE ALLEGED TO HAVE BEEN OBTAINED FROM VIDEOMEDICINE, YOUR USE OF OR RELIANCE ON VIDEOMEDICINE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON VIDEOMEDICINE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY AGREE TO RELEASE VIDEOMEDICINE, ITS AFFILIATES, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM SUITS, CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR MISUSE OF VIDEOMEDICINE.
You agree that, for all purposes, these Terms, shall be governed and construed in accordance with the laws of the State of Georgia in the United States.
12. PRIVACY AND SECURITY
You are not required to upload PHI in order to use VideoMedicine. VideoMedicine may use or disclose Your PHI to the limited extent described in our Notice of Privacy Practices.
A. VideoMedicine and Children.
VideoMedicine may be used in the education or care, or both, of children, subject to these restrictions:
1. Children under 13 years of age
If You wish to allow a Provider to educate You concerning a child under age 13, and You wish the child to be present for an educational session, You must, at the time and for the duration of Your communication with the Provider, be physically present with the child. If You wish to allow a Provider to diagnose or treat a child under 13, You must, at the time and for the duration
of Your communication with the Provider, be physically present with the child. Under either circumstance, You must identify Yourself as the child’s parent or guardian. You must decide whether, on Your child’s behalf, to grant informed consent to the Provider’s services.
2. Children 13 to 18 years of age
If You wish to allow a Provider to educate You concerning a child aged 13-18, and You wish the child to be present for an educational session, You must, at the time and for the duration of Your communication with the Provider, be physically present with the child. You must identify Yourself as the child’s parent or guardian. You must decide whether, on Your child’s behalf, to grant informed consent to the Provider’s services.
If You wish to allow a Provider to diagnose or treat a child aged 13 to 18, except where under applicable law at the site of treatment parental consent is not required, You must, at the time and for the duration of Your communication with the Provider, be physically present with the child. You must identify Yourself as the child’s parent or guardian. You must decide whether, on Your child’s behalf, to grant informed consent to the Provider’s care and treatment.
In certain circumstances determined by law in certain jurisdictions, a child aged 13-18 is himself or herself deemed capable of granting informed consent, independent of a parent or guardian. The Provider is solely responsible for determining whether those circumstances apply to the case of any given child aged 13-18. Where they do, Your consent is not required, nor is Your presence, during the communication between the child and the Provider. In fact, the child may lawfully forbid the Provider to disclose to You any information concerning care to which these exceptions apply.
B. INFORMATION SECURITY AND NOTIFICATION
Because no data transmission is completely secure, we cannot guarantee the security of the information You send to Us or the security of Our servers or databases, and by using VideoMedicine You agree to assume all risk in connection with the information sent to Us or collected by Us when You use VideoMedicine. In the unlikely event that We believe that the security of Your information in Our possession or control may have been compromised, We may seek to notify You through VideoMedicine or otherwise via Your mobile or other device.
A. No Export: Neither Party shall export, directly or indirectly, any technical data acquired from the other pursuant to these Terms or any product utilizing any such data to any country for which the U.S. Government or any agency thereof at the time of export requires an export license or other government approval without first obtaining such license or approval.
B. Syntax: As used in these Terms, the masculine shall include the feminine and the neuter. The singular shall include the plural.
C. No Assignment. Neither Party will assign or transfer any rights or obligations under these Terms without the prior written consent of the other.
D. Arbitration. All claims and disputes with VideoMedicine arising under or relating to these Terms are to be settled by binding arbitration in the state of Georgia in the United States. The arbitration shall be conducted on a confidential basis and pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by a single, English-speaking arbitrator experienced in Georgia law, and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
E. Severability. If any term or other provision of these Terms is determined to be invalid, unlawful or incapable of being enforced by any rule or law, or public policy, all other conditions and provisions of these Terms shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any Party.
F. Waiver. The waiver by VideoMedicine of Your breach of any provision of these Terms shall not operate or be construed as a waiver of any other or subsequent breach by You.
G. Force majeure: A Party shall not be liable for any failure of or delay in the performance of the requirements of these Terms for the period that such failure or delay is caused by factors beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
H. Headings: Headings in these Terms are for the convenience of the reader, and of themselves are of no significance and unenforceable.
I. Confidentiality: Neither Party shall use, or disclose to any person, either during the term or after the termination of these Terms, any source or object codes, technical data, correspondence or any other information or materials owned or provided by the other Party or its Affiliates, or its clients or contractors hereunder (collectively, “Confidential Information”), or disclose any information concerning the contents of these Terms, except for purposes consistent with the administration and performance of a Party’s obligations hereunder or as required by law.
J. Complete Agreement: With respect to the VideoMedicine application, these Terms, together with the Informed Consent Addendum, constitute the entire agreement between
You and VideoMedicine, and supersedes all prior or contemporaneous written or oral agreements. These terms may be changed only by mutual agreement, in writing, of the authorized representatives of Yourself and VideoMedicine.
Informed Consent Addendum for VideoMedicine Services
* NOTE: The information being asked of You below is collected as part of VideoMedicine’s Registration process and is stored in Our database and associated with the electronic acceptance and signature of this document, indicated by clicking on “Register” to register with VideoMedicine that You have read and understood, and that You accept and agree to the terms of this document. Any questions should be directed through the “Contact Us” section of our website: www.VideoMedicine.com/contact.
Date of Birth
Date of Registration
Subject to the Terms above, VideoMedicine enables the use of audio, video or other electronic communications to allow Your Provider to educate You or Your child or both about health and healthcare and medical topics, and/or to diagnose and/or treat You or Your child. During Your communication with Your Provider, or Your child’s Provider, You will likely communicate details of Your protected health information, or Your child’s, through the use of interactive video, audio or other telecommunications technology. If You elect to become a Patient, or You elect to allow Your child to become a Patient, Your Provider may take a history and may perform a limited physical examination, capture data about the function of your body via medical and non-medical devices, and may take video, audio, and/or photo recordings.
Electronic systems used will incorporate network and software security protocols to protect the privacy and security of Your health information and imaging data, and will include measures to safeguard Your data’s integrity against intentional or unintentional corruption. As discussed more fully in the Terms above, however, privacy and security cannot be guaranteed.
• Improved access to health education by enabling You to remain in Your location while the Provider communicates with You or Your child or both from a distant site.
• Improved access to health care by enabling You to remain in Your location while the Provider diagnoses or treats You or both, or diagnoses or treats Your child, or both, from a distant site.
• More efficient medical or health evaluation and management.
As with any medical or mental health care, there are potential risks associated with the use of VideoMedicine. These risks include, but may not be limited to, the following:
• In some cases, applicable law may prevent Your Provider from providing the services You desire.
• In some cases, Your Provider may conclude that the information transmitted is not sufficient (e.g. poor resolution of images), or on some other basis the nature of Your problem is such that it does not allow for appropriate medical or healthcare decision-making without an in-person evaluation;
• Delays in medical or health evaluation/treatment could occur owing to deficiencies or failures of the electronic equipment or of the electric power needed to run it;
• Security protocols could fail, causing a breach of privacy of personal medical or mental health information;
• The physical examination Your Provider can perform through VideoMedicine is necessarily more limited than that which is possible in in-person care, so information that can be obtained only by means of an in-person physical examination will not be available to assist diagnosis. This could result in misdiagnosis, which in turn could lead to treatment that is not helpful, or that could even be harmful.
• In some cases, a lack of access to Your complete medical or mental health records may increase the risk of misdiagnosis, adverse drug interactions, allergic reactions or other unintended results.
• Because VideoMedicine provides a relatively new approach to health care, there may be risks, including potentially serious risks, that cannot be mentioned here because they have not yet been identified.
By electronically accepting this form (which is equivalent to signing and agreeing to the Terms and the Informed Consent Addendum), I understand the following:
1. The information a Provider conveys to Me in an educational session is not intended to be, nor is it, medical care, nor any other form of health care, nor a substitute for medical or health care. Since VideoMedicine does not monitor the educational information that Providers using it provide to Consumers, and since VideoMedicine is not qualified to evaluate the quality of a Provider’s services even if it did, VideoMedicine cannot guarantee the accuracy of the information provided nor that the Consumer will benefit from learning it.
2. If I obtain clinical services through VideoMedicine, I may obtain the anticipated benefits from the use of VideoMedicine in My care, but I may not, because as with all health care, no results can be guaranteed. In fact, as with all medical or health care, I may even by obtaining clinical services through VideoMedicine experience some harm, including potentially serious harm.
3. The laws that protect the privacy and security of health information apply to information that Patients exchange through VideoMedicine, and, unless required or permitted by law, no information obtained in the use of VideoMedicine that identifies me will be disclosed to researchers or other entities without either my authorization or, where appropriate, my being given an opportunity to opt-out of such disclosure,.
4. I have the right to withhold or withdraw my consent to the use of VideoMedicine in the course of My care at any time, and if I do I will not be penalized in any way.
5. I may inspect some types of information obtained and recorded in the course of a VideoMedicine interaction, and may, for a reasonable fee, receive copies of this information, subject to the approval of my VideoMedicine Provider and in accordance with applicable law.
6. A variety of alternative methods of medical or other health care may be available to me, and I may choose one or more of these at any time. My Provider has explained the alternative(s) to my satisfaction in language I understand.
7. Use of VideoMedicine may involve electronic communication of my protected health information to other medical or mental health practitioners who may be located in other areas, including out of state.
8. It is my duty to inform my Provider of care that I may have received or am currently receiving from other healthcare providers, as well as any medication I am currently prescribed.
9. I may have to pay for My Provider’s services in advance through a charge to my credit card or other payment method requested. In certain situations, the visit may be covered, or covered in part, by a payer under a contract with me or with my employer. I agree that whether My commercial medical insurance later reimburses Me or not has no impact upon My payment obligations under these Terms.
10. As I read these Terms, including this Informed Consent Addendum, I am not under the influence of any substance or medication that impairs My understanding, nor am I aware of any illness or medical or mental health condition that impairs My understanding.
Patient Consent to the Use of VideoMedicine
I have read and understand the information provided above regarding VideoMedicine, as well as that presented in the Notice of Privacy Practices, which are incorporated herein by reference. I have discussed it with My Provider to the full extent I consider necessary. I have been given ample opportunity to ask any questions I may have and have done so. All of my questions have been answered to my satisfaction in language I understand. At the time I agree to these Terms, there are no unfilled blanks in these documents. I hereby give my informed consent for the use of VideoMedicine Services.
Electronic acceptance of this document is equivalent to the Signature of Patient