VIPATIENT IS NOT INTENTED NOR SHOULD IT BE USED FOR MEDICAL EMERGENCIES OR CRITICAL CARE. PATIENTS SHOULD NOT USE VIPATIENT IF THEY ARE CONCERNED THAT THEY HAVE A MEDICAL EMERGENCY AND SHOULD EITHER CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM OR CLINIC.
PROVIDERS SHOULD NOT USE VIPATIENT FOR ACTIVE OR CONTINUOUS PATIENT MONITORING FOR POTENTIAL IMMEDIATE CLINICAL INTERVENTION.
1. LEGAL AGREEMENT
THIS AGREEMENT IS A LEGAL CONTRACT between VIPatient, LLC (the "Company") and: (a) the healthcare provider ("Provider" or "You") (with the company, the "Parties") using VIPatient for providing telemedicine (internet teleconferencing health care consultations or related services) ("Telemedicine Services") to his/her patient or client ("Patient" and together with Provider, a "User"); and, (b) any patient. Acceptance of this user agreement or use of VIPatient creates a legally binding obligation of each of the Parties.
The Company may change the terms of this User Agreement at any time. The continued use of VIPatient after such changes shall be for all purposes construed as an acceptance to, and agreement with, the terms of this User Agreement as so changed. The Company shall use reasonable efforts to notify Users of such changes but does not assume a legal liability to do so or for any failure to give such notice.
2. PATIENT RESPONSIBILITIES
THE COMPANY IS NOT A HEALTCARE SERVICE PROVIDER AND FURNISHES THE INTERNET CONNECTIVITY FOR TELEMEDICINE SERVICES. THE COMPANY DOES NOT PROVIDE MEDICAL ADVICE. PROVIDERS USING VIPATIENT ARE SOLELY RESPONSIBLE FOR PROVIDING HEALTHCARE SERVICES, WHICH SERVICES ARE NOT UNDER THE CONTROL OF, OR FROM, THE COMPANY.
Each Patient acknowledges and agrees: (a) his/her Provider is solely responsible for providing healthcare services; (b) Patient has chosen the Provider and the Provider has not been recommended or referred by VIPatient; (c) VIPatient has not confirmed or validate the credentials or licensing of Providers; (d) confirming Provider credentials or licensing is the sole responsibility of Patient; (e) the provision of healthcare services by a Patient’s Provider is at the sole risk of Patient to the extent permitted by applicable law: and, (f) Patient agrees not to hold VIPatient liable for any malpractice or other liability arising out of, or related to, healthcare services furnished by a Provider through VIPatient.
3. PROVIDER RESPONSIBILITIES
Each Provider acknowledges and agrees the Provider: (a) accepts all legal and professional responsibility for use of VIPatient and the quality of services provided with such use; (b) is solely responsible for obtaining and maintaining all licenses, certifications, malpractice insurance with respect to the practice of his/her profession as may be required by, and otherwise complying with, applicable law; (c) is solely responsible for obtaining Patient consents to the use of the Company, including, but not limited to, those required by the Health Insurance Portability and Accountability Act of 1996 ("HIPPA") and providing a "Business Associate Agreement" for use by the Company; (d) understands the Company makes no representation with regard to the payment for Provider’s services by any Patient or any third-party payor; (e) is solely responsible for the billing and collection of all fees for professional services delivered through VIPatient and compliance with all applicable laws and regulations regarding same; (f) VIPatient will be used solely for Telemedicine Services, for no other purpose and for no purpose, transmission of data or activity in violation of, or prohibited by, any applicable law; and, (g) making all payments to the Company for use of its services as set forth in the PROVIDER REGISTRATION form.
4. REGISTRATION AND INFORMATION
Each Provider is required to fully complete the PROVIDER REGISTRATION form with the information set forth thereon ("Provider Information") and to keep the Provider Information furnished in such registration current. Providers registering on behalf of a legal entity represent and warrant that they are duly authorized to register on behalf of such entity.
Each Provider is required to fully complete the PATIENT REGISTRATION form with the information set forth thereon ("Patient Information") and to keep the Patient Information in such registration current. Providers may require PATIENTS to complete and submit other information as may be required for the delivery of healthcare services to the PATIENTS as a part of its medical records.
Providers and PATIENTS are responsible for maintaining the confidentiality of their respective User Name and Password generated in the registration process and shall not permit others to use their User Name or Password or do anything else that may compromise the security of VIPatient or its software operating platform. Any Provider or Patient who has had a registration with the Company terminated may not register for another account and may not use any other person’s VIPatient account.
Providers and Patients should immediately notify the Company if either believe that their User Names, Passwords, identities or information have been stolen or compromised or of any breach of security in any respect.
5. SUSPENSION OF SERVICE OR TERMINATION OF ACCOUNT
In its sole discretion, the Company may either: (a) suspend service to any Provider or Patient; or, (b) terminate the registration and account of any Provider or Patient, for any reason or no reason, including, but not limited to, non-payment of money due the Company or any breach of this User Agreement.
7. AGE REQUIREMENT
Each Patient represents, acknowledges and agrees that the Patient is at least 18 years of age, or if he/she is under 18 years of age (a "Minor"), that the Patient is using VIPatient with the consent, permission and supervision of his/her parent or legal guardian. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms.
8. USE RESTRICTIONS AND ILLEGAL ACTIVITIES
Each USER agrees that the USER will not use VIPatient for any illegal activities, including, but not limited to: (a) defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights (such as rights of privacy and publicity) of others; (b) using racially, ethnically, or otherwise oﬀensive language; (c) discussing or inciting any illegal activity; (d) using explicit/obscene language or transmit sexually explicit images (actual or simulated); (e) posting or displaying anything that exploits children or minors or that depicts cruelty to animals; (f) posting or displaying any copyrighted or trademarked materials without the express permission from the owner; (g) disseminating any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation; or, (h) using any robot, spider, scraper or other automated means to access VIPatient.
9. LIMITED LICENSE FOR USE
Subject to the terms and conditions of this User Agreement, and your compliance with these Terms, the Company hereby grants you a limited, personal, non-exclusive and non- transferable license to use and to display the Company’s internet software and screens solely for the use of the Providers. Except for the foregoing license, neither Providers nor Patients shall have any other rights in VIPatient, its software or screens and may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, decompile, disassemble, alter, enhance or in any way exploit any of VIPatient, its software or screens in either its computer or mobile versions in any manner.
10. VIPATIENT’S PROPERTY
If a User submits any feedback, comments, suggestions or other information to the Company with respect to its configuration, appearance, ease of use or other functions and features, whether solicited by the Company or not ("Feedback"), the User hereby agrees: (1) the User has no proprietary or intellectual property rights in or to the Feedback hereby transfers and assigns all such Feedback to the Company.
11. BETA VERSION
User recognizes that VIPatient is a Beta version and that User’s operation of VIPatient may result in bugs and errors. The knowledge of these bugs and errors may be helpful to the Company in its final development of the Alpha version of VIPatient. User agrees to voluntarily report to the Company any bugs or errors which User recognizes in the operation of VIPatient. This report to the Company is strictly voluntary. Failure to report bugs or errors to the Company in no way terminates or alters User’s duties under this Agreement.
12. REVISION OF USER AGREEMENT
This Agreement may be amended, replaced or modified in any respect by the Company in its discretion ("Modification"). The Company will notify all Users of any Modification by notice on log-in pages and continued use of VIPatient by a User after receipt of such notice constitutes acceptance of, and agreement to, any such Modification.
By completing a User Agreement, each Provider agrees to pay the Company all sums due for subscription fees as found on the Company’s Current Fee Schedule ("Subscription Fees"). Payment may only be made by Visa and MasterCard credit or debit card. Once payment of Subscription Fees has been made, the Company will set up your Provider’s account and give notice to your email.
A PROVIDER’S SUBSCRIPTION SHALL AUTOMATICALLY RENEW, AND THE PROVIDER’S CREDIT CARD WILL BE CHARGED FOR AN ADDITIONAL TERM OF EQUAL LENGTH TO THE EXPIRTING TERM UNLESS PROVIDER GIVES NOTICE TO VIPATIENT BY EMAIL TO SUPPORT@VIPATIENT.NET NO LESS THAN TEN (10) DAYS PRIOR TO THE EXPIRATION OF ANY TERM.
14. DISCLAIMER OF WARRANTIES
USE OF VIPATIENT IS AT YOUR OWN RISK. THE CONTENT AND VIPATIENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON VIPATIENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND VIPATIENT MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF VIPATIENT OR ITS CONTENT. VIPATIENT MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
15. LIMITATION OF LIABILITY
THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.
17. ENTIRE AGREEMENT
This Agreement constitutes the final written expression of all of the agreements between the Parties; is a complete and exclusive statement of those terms; and, supersedes all prior or contemporaneous oral or written agreements, understandings and negotiations concerning the matters specified herein. Any representations, promises, warranties or statements made by any party that differ in any way from the terms of this Agreement shall be given no force or effect. The Parties, and each of them, specifically represent, each to the other, that there are no additional or supplemental agreements between them related in any way to the matters herein contained unless specifically included or referred to herein.
18. GOVERNING LAW AND EXCLUSIVE JURISDICTION
This agreement, and all questions relating to its validity, interpretation, performance and enforcement (including, without limitation, provisions concerning limitations of action), shall be governed by and construed in accordance with the laws of the State of Indiana (exclusive of the conflict of law provisions thereof) applicable to agreements made and to be performed entirely within such state. The state and federal courts in Allen County, Indiana, shall have exclusive jurisdiction of any suit or legal proceeding arising out of, or related to, the use of VIPatient by any User, regardless of the User’s location.