Telemedicols, LLC (“Telemedicols,” “we,” or “us”) facilitates the digitalization of health care services by educating health care professionals and patients about telehealth, digital health tools, medical software, and health Apps. Our Website informs consumers about different digital products in the healthcare sector. Software vendors pay us a listing fee to be included on our Website and may pay additional fees to be featured in different ways. Our goal is to help consumers find the right solution for their needs. Our Website also may include articles, resources, chat rooms, and peer user reviews designed to help consumers make confident and well-informed purchases.
On our Website, you have the option to communicate with us. By entering your name, email address, and providing any other personal information (as applicable), you agree that we may contact you electronically or in any other manner about any of our offerings, subscriptions, and programs (the “Services”), changes to the Website, or to address your inquiry, as applicable. You agree that all agreements, notices, disclosures, and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
If you create and access a password-protected account through the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
THE WEBSITE DOES NOT PROVIDE PERSONAL, PROFESSIONAL, OR MEDICAL ADVICE
Our Services are designed to educate and provide information about telehealth, digital health tools, medical software, and health Apps to vendors and consumers. Telemedicols’ website does not provide medical advice. All of the content provided on the website, such as descriptions of treatments, outcomes, charts, patient or health care professionals profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Website, are for informational purposes only and are not a substitute for professional medical advice or treatment.
NONE OF THE SERVICES ARE INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT, OR GUARANTEE. MOREOVER, ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE WEBSITE SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL OR OTHER IMPORTANT HEALTHCARE DECISIONS. TELEMEDICOLS DOES NOT PROVIDE CLINICAL SERVICES. YOUR USE OF ANY OF OUR SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND TELEMEDICOLS OR BETWEEN YOU AND ANY OF OUR INDIVIDUAL INSTRUCTORS.
Telemedicols does not recommend or endorse any specific tests, physicians, products, procedures, opinions, software, Apps, or other information that may be on the Website. Reliance on any information provided on our Website or by persons appearing on the Website is solely at your own risk.
Furthermore, we are not software specialists. We have no property rights on listed software products. Telemedicols provides no guarantees for the services and products of the software providers that list their products on the Website. All claims, questions and inquiries regarding the software products need to be directly addressed to the product owners. Telemedicols is not liable for any content, code, or other errors or omissions or inaccuracies with the software listed or even featured on our Website.
Our Website serves as a platform to host software product listings and feature vendors. Telemedicols does not guarantee that our Website's content is accurate or appropriate for you and your business needs. Information on the Website may be out of date or inaccurate. We are not responsible for ensuring the legal and/or regulatory compliance of any software products. We are not ensuring that the products listed are FDA approved or approved by other medical authorities or regulatory bodies. For information on any software product, please contact the software vendor directly.
The Website is intended for use by individuals who are 18 years of age or older. If you are under 18 years of age, you may not use this Website.
You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. You represent and warrant that any and all information you post or provide, including, without limitation, as part of any registration or application or to gain access to our Website or services, is true, accurate and not misleading and that the information and content you upload, post, e-mail, transmit, or otherwise make available to us or on our Website, including without limitation product information, trademarks, logos, screenshots and responses to user reviews, is accurate and free of third party encumbrance.
You agree that your use of the Website will at all times be for lawful purposes, and you will comply with all applicable laws and regulations, including all applicable copyright laws, in your use of the Website.
You further agree that:
- you are not located in a country that is subject to a U.S. or European Union embargo, or that has been designated by the U.S. or another government as a “terrorist supporting” country;
- you are not on any list of individuals prohibited from conducting business with the United States or the European Union;
- you do not have more than one account on our Website; and
- you have not previously had an account removed from our Website, unless you have our express written permission to create a new account on our Website.
If at any time you cease to meet the above requirements, you must immediately delete your account from the Website.
You agree that you will not, and will not attempt to, interrupt or otherwise interfere with the operation of our Website in any way. You agree that you will not, and will not attempt to, reproduce, transmit, distribute, or otherwise view, use, or exploit the Website in a manner that:
- could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website;
- uses another user’s account; or
- is fraudulent or violates any applicable law.
You further agree that you will not:
- use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search the Website, other than the search engines generally available (such as Google);
- directly or through the use of any device, software, internet site, web-based service, or other means copy, record, reproduce, duplicate, archive, upload, publish, modify, translate, broadcast, perform, display, sell, offer for sale, license, or transmit or retransmit any content viewed through or on and/or listed to the Website unless expressly permitted by us;
- remove or obscure any proprietary information on the Website or violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- use technology or other means to access, index, frame, or link to the Website (including any content accessed using the Website) that is not authorized by us (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms);
- access the Website (including the content) through any automated means, including “robots,” “spiders,” or “offline readers”;
- decipher, decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website;
- circumvent, remove, alter, deactivate, degrade, or thwart any of the Website’s content protections;
- upload or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features or computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damage, disable, overburden, impair, or gain unauthorized access to the Website;
- post any content viewed or obtained from the Website on any publicly available website, forum, or on any social media platform;
- use the Website to advertise or promote products or services that are not expressly approved in advance in writing by us;
- collect or process information in violation of our Privacy Notices; or
- attempt to do any of the foregoing.
Our Website contains images, graphics, frames, logos, text, code, and other various elements that are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You acknowledge that the Website and any content on it is and will remain our property or the property of our licensors, if any. You agree to comply with all intellectual property laws, and you will not encumber any interest in, or assert any rights to, the Website. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on the Website, in whole or in part.
Our Website is provided free of charge to consumers.
Software vendors that want to list their products with us must subscribe and comply with our Subscription Agreement. www.telemedicols.com/subsciption
Our Website provides links to other third-party websites or apps. Our decision to link to a third-party website or app is not an endorsement of the content, products, or services in the third-party website or app. We do not control these third-party websites and apps and expressly disclaim any responsibility for the content, the accuracy of the information, and any products or services available on the third-party websites and apps. We have not investigated or monitored the third-party websites and apps for accuracy or completeness. The third-party websites and apps may have different privacy policies, terms, and security standards than our Website, so it is your responsibility to carefully review such third-party website or app before using or accessing them.
USE OF COMMUNICATION SERVICES
The Website may contain dashboard services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Telemedicols has no obligation to monitor the Communication Services. However, Telemedicols reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Telemedicols reserves the right at all times to edit, refuse to post or to remove any information or materials, in whole or in part, in Telemedicols’ sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Telemedicols does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Telemedicols specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Telemedicols spokespersons, and their views do not necessarily reflect those of Telemedicols.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. Users shall not post or upload any information or other content on the Website that (a) is false, inaccurate, or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Users shall not interfere with other users’ use and enjoyment of the Website (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Users may not use the Website to conduct any illegal activity or violate the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
All users represent and warrant that the information they provided when registering, and all information that they subsequently provide, is true and accurate, and not misleading.
When submitting reviews on our Website, you (whether a user, a healthcare professional, a patient, a caregiver, a potential software buyer, or a software vendor) acknowledge and agree to adhere to our Community Guidelines. We will remove reviews that do not comply with our Community Guidelines
Telemedicols, the Telemedicols logo, and any Telemedicols product or service names appearing on this Website are trademarks, service marks, or registered trademarks or service marks of Telemedicols or third parties, whether or not appearing in large print or with the trademark symbol. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
OWNERSHIP AND PROPRIETARY RIGHTS TO TRANSMITTED INFORMATION
Any communication or material you transmit to the Website, including any data, questions, comments, suggestions, or the like, becomes the property of Telemedicols and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, and broadcast, subject to any applicable terms in our Privacy Notices, unless as otherwise may be expressly agreed to by us in writing. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information, subject to any applicable terms in our Privacy Notices, unless as otherwise may be expressly agreed to by us in writing.
We are committed to protecting our users’ personal data. While we take reasonable data protection precautions, no security measures are completely effective, and we do not guarantee the security of user data at any time. We cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. Even though there are many benefits to using our Website, as with all electronic communications there are some risks such as (i) failure of hardware, software and/or Internet connections; we are not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software, or any equipment used to access the Internet; and (ii) no guarantee that the confidentiality or security of electronic transmissions via the Internet can be assured due to potentially unsecure computers and links. This could result in your data becoming lost or intercepted during transmission. It is your responsibility to protect the security of your login information and to use good judgment before deciding to send information via the Internet. We will not be liable for any breach of the security measures on the Website or any loss, misuse, or alteration of information resulting therefrom or from communications through the Internet.
Some accounts that are created on our Website can be accessed only after your username and password are accepted. This allows us to verify who you are and prevents unauthorized access to your account. You are responsible for:
- Selecting a long and complex password;
- Changing your password at regular intervals;
- Not sharing your password with anyone;
- Not writing down your password; and
- Logging out of the Website and not just closing your browser session when you finish.
INDEMNIFICATION AND ASSUMPTION OF RISK
We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist our defense of such matter.
You expressly acknowledge and agree that your access, use and/or involvement with any of our Services may involve potentially dangerous physical activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless Telemedicols from and against all claims, suits, damages, losses, causes of action, costs, expenses, or liability arising out of or related to your access, use, and/or involvement with any of our Services.
DISCLAIMER OF WARRANTIES
USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION CONTAINED ON OR PROVIDED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS. TELEMEDICOLS RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF OUR WEBSITE, WITH OR WITHOUT NOTICE TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TELEMEDICOLS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH USE OF THE WEBSITE, OUR SERVICES AND ANY PURCHASED MERCHANDISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND THAT TELEMEDICOLS CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES, IF ANY, AVAILABLE FOR DOWNLOADING FROM THE WEBSITE WILL BE FREE OF VIRUSES, MALWARE, OR OTHER DESTRUCTIVE CODE. TELEMEDICOLS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR SMART PHONE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, TELEMEDICOLS MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL TELEMEDICOLS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH OUR SERVICES, PURCHASED MERCHANDISE, OR THE USE OF, RELIANCE ON, OR THE INABILITY TO USE THE WEBSITE. TELEMEDICOLS WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF OUR SERVICES, PURCHASED MERCHANDISE, AND THE WEBSITE IS AT YOUR OWN RISK.
TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, SUCH LIMITATIONS WILL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS.
To begin an arbitration proceeding, you must submit an arbitration request, including a description of your claim, to email@example.com. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
You also agree that we may bring suit in court to enjoin infringement or other misuse of our intellectual property rights.