Terms of Use
Last Updated: June 1, 2020
Acceptance to Terms of Use
IMPORTANT—READ CAREFULLY: These Terms and Conditions are a legal contract between you and Monroe & Weisbrod, Inc., a Delaware corporation (“Company”, “we” or “us”) for the use of Company’s online interfaces and properties provided by Company, including the www.VidHealth.com website (the “Site”) as well as all other services, and associated media and materials provided to through the Site (the “Services”).
BY VISITING THE SITE AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND ARBITRATION PROVISIONS. IF YOU DO NOT ACCEPT AND AGREE TO SUCH TERMS AND CONDITIONS, DO NOT ACCESS THE SITE OR USE THE SERVICES AND EXIT NOW.
The Services are offered and available only to users who 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
1. Privacy Policy.
Please also take a moment to review our Privacy Policy, located at https://vidhealth.com/privacy-policy, which describes how we collect and use your data and other information. By using the Services, you also agree to be bound by this Privacy Policy, which is incorporated herein by this reference.
2. Changes to Terms of Use.
We may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them; however, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction Sections, below, will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.
Your continued use of the Site and the Services following the revisions means you accept and agree to the changes. Please make sure to check this page from time to time so you are aware of any changes, as they are binding on you.
Company does not have any obligation to verify the background or credentials of any registered user or the accuracy of information, reference materials, advice or other User Content provided by any user. Company undertakes to provide accurate and up-to-date information on the Site for the portions of the content provided by the Company. However, you understand and agree that information contained on this Site is subject to change and the Site is provided “AS IS.”
3. Important Information for Patients.
We provide the Services to you purely as a communication platform. We are not healthcare providers or professionals. By working with a healthcare provider (“Provider”) through our Services, you agree that you are solely responsible for ensuring your Provider complies with all applicable laws and regulations, including any licensure and board certification requirements. We make no representation that any user of the Services are licensed healthcare professionals, or that they are qualified to provide any user the level and quality of care they seek.
4. Important Information for Healthcare Providers
If you are using our Services to provide healthcare services for others (e.g. patients and clients) you are a “Provider” and you agree to comply with all laws, medical and board rules, and all other rules and regulations that may apply to you in connection with your role as a Provider using the Services. Your relationship with our users is directly between you and the patient user. During the use of the Site and our Services, we will never have a relationship, whether directly or indirectly, with the patient user. The Services facilitate remote communication between Provider and patient. We do not practice medicine or any other licensed profession and offer no medical or other professional services. All Providers are solely responsible for all agreements, consents, notices and other interactions with patients and other consumers including, but not limited to all billings and collections in connection with the Services. We cannot and do not have any responsibility or liability to a Provider concerning amounts owed by any patient user.
5. Independent Professional Judgment; Liability Release; Indemnification
Providers must use the Site and Services only in accordance with applicable standards of good professional practice. While our Services are intended to facilitate communication and improve overall quality of care offered by Providers, many factors, including the Provider/patient relationship can affect a patient outcome. Provider must be solely responsible for its use of the Site and Services and the provision of services to Provider’s patients.
Accordingly, Provider releases Company and waives all potential claims against Company resulting, directly or indirectly, from Provider’s use of the Site and Services, and the provision of services to Provider’s patients.
Provider agrees to defend, indemnify and hold Company harmless from any claim by or on behalf of any patient of Provider or its personnel, or by or on behalf of any other third-party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Company, regardless of the cause, if such claim arises for any reason whatsoever, out of the use or operation of the Site and Services. Provider will obtain Company’s prior written consent to any settlement or judgment in which Provider agrees to or implies any finding of fault of Company, or any defect in the Site or Services. Company will promptly notify Provider in writing of any claim subject to this indemnification and grant to Provider exclusive control over its defense at Providers expense. Company reserves the right to appear and defend any actions in which it is named as a party. Provider agrees to pay and reimburse Company’s costs and expenses (including reasonable attorney's fees) incurred in connection with such a suit.
6. No Provision of Advice or Services.
We make no representation or opinion that a Provider’s ability to access and use the Services is medically, legally, or professionally permitted by Provider’s applicable rules and regulations, including, but not limited to, applicable compliance, licensure, and certification obligations, as well as state and federal law. Providers must seek their own legal counsel regarding any legal and compliance issues and should not rely on any materials or content associated with the Site or Services in determining Provider’s compliance obligations under the law. The Provider and Company both agree that Company is not providing any medical advice or legal advice to Provider or any patient, client or, a customer of Provider or to anyone else who may access the Site or use the Services.
7. Accessing the Site and Account Security.
Though we strive to minimize any inconvenience to our users, we reserve the right to withdraw or amend this Site or any of the Services in our sole discretion without notice. We will not be liable if the Services should become unavailable for any reason.
When you register for the Services, you will be asked to provide certain minimal registration information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. All such information is governed by our Privacy Policy.
We have the right to access, preserve and disclose your account information if required to do so by law or in a good faith belief that it is reasonably necessary to: (i) comply with legal process; (ii) enforce these terms of use; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company, our users, or the public.
Your account is personal to you. Do not to provide any other person with access to the Services using any of your log in information. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. Please use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
8. Electronic Communication with Us.
By registering for the Services, you agree to transact business with the us electronically and that we can send you emails and other electronic communications from time to time. You also agree that all agreements contained on the Site or entered into in furtherance of the Services can be entered into electronically without need for written signature.
9. Our Rights to the Site and Services.
The Site, the Services, and all contents, features, and functionality (including but not limited to all information, logos, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) contained therein are exclusively owned by us, and are protected by the intellectual property laws of the United States. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site or within the Services. Nothing contained on the Site or Services may be construed as granting you any right or license to use any of our trademarks or other intellectual property rights.
10. Links to Other Websites.
From time to time, we may provide links to outside websites or to third-party materials that we do not control. These links are provided as a convenience to you and are not endorsements of such websites or content. sites or any content. We are not responsible for any content contained in any third-party websites and materials.
11. Prohibited Uses.
You may use the Site and Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
- To access data, accounts, or servers that are not authorized or intended for your use.
- In any way that violates these Terms of Use or any applicable law.
- To impersonate or attempt to impersonate the Company, another user, or any other person or entity.
You may not:
- Use the Site, or employ a device, software, or other routine in any manner that could disable, overburden, damage, or interfere with the Site and the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Site, Services, or any data contained therein for any purpose.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
12. Use of the Internet and Web Browsers
Certain internet web browsers and electronic transmissions in general may produce inaccurate copies of the Site’s content when displayed on different computers. We are not liable or responsible for any inaccurate or incomplete information arising from software problems, transmissions errors, or the display of content in browser frames. We are not responsible for computer viruses or other destructive programs which are introduced by visitors or other providers or software or content. You are advised to employ security and virus protection software on all computer systems used to access the Internet or to share files with other computer systems.
13. Indemnity.
In addition to the provisions of Section 5 (e.g., Provider Indemnity), you agree to indemnify and hold harmless the Company and its licensors and suppliers, and their respective directors, officers, employees, agents, and contractors, from all damages, injuries, liabilities, costs, fees, fines, penalties, and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to your violation of these Terms of Use or misuse of the Site by you or any of your employees, contractors or agents.
14. Disclaimer of Warranties
YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK AND IS PROVIDED TO YOU SOLELY ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE SERVICES WILL BE ACCURATE, RELIABLE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation on Liability
IN NO EVENT WILL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
16. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, personal health information, and the content made available via the Site or the Services. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
17. Suspension and Termination of a Registered User Account.
Your access and use of the Site and Services is a privilege and not a right. Company, in its sole discretion, may suspend or terminate access of any registered user, for any reason, including, without limitation, for lack of use, failure to make timely payments (if applicable), termination of your customer relationship with us, or if we believe you have violated or acted inconsistently with the letter or spirit of the Terms of Service, including without limitation allowing third parties to use or access the Site using your login information. We reserve the right to log off accounts that are inactive for an extended period of time.
Company may immediately deactivate or delete your account and all related information and files related to any registered user account and/or bar any further access to such files or the Site. You agree that Company shall not be liable to you or any third party for any termination of your access to the Site.
18. Governing Law and Jurisdiction
All matters relating to the Site, the Services, and these Terms of Use, Privacy Policy, CCPA Notice, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Austin and County of Travis although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
19. Arbitration
In our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Site or Service including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
20. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
21. Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
22. Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same.
23. Your Comments and Concerns
This Site is operated by:
Monroe & Weisbrod
2901 Bee Caves Rd. Ste. A
Austin, TX 78746
All feedback, comments, concerns, requests for technical support, and other communications relating to the Site and Services should be directed to: support@vidhealth.com.
