Terms of Service Agreement
• As between Remedly and you, you own any content you post to the Service.
• We will only use your content to the extent necessary to provide you with the Service.
• Protecting your content is very important to us. We endeavor to keep your content secure against unauthorized access and disclosure using a variety of authentication and security processes and procedures.
1. Acceptance of Terms
Depending on your activities when visiting the Site or using the Service, you may be required to agree to additional terms and conditions as indicated on the Site or via the Service.
2. Privacy and Security
3. Services Offered
• (a) If you are a Patient: Remedly provides an online consultation service wherein you ("Patient"), or another representative, on your behalf and with your consent, submits your applicable medical records via the Site and Remedly connects your information with your healthcare provider who reviews your medical records, provides a consultation and any necessary follow-up steps.
• (b) If you are a provider ("MD", "DO", "Medical staff"): Remedly provides a cloud-based Enterprise Resource Planning (ERP) software to support comprehensive medical practice operations.
• (a) If you are a Patient: You authorize Remedly to electronically store your personal information and to provide that information to your healthcare provider for review. You authorize the healthcare provider to submit your consultation and follow-up steps via the Site and also authorize Remedly to electronically store that information. You authorize Remedly's participating healthcare providers and/or their staff to contact you via email and phone, and acknowledge that they may leave a message on your phone's messaging system. You acknowledge that these messages may contain information that is important to your health and medical care. It is your responsibility to monitor these messages.
• (b) If you are a provider: You authorize Remedly to electronically store your personal information including your name, address, telephone number, email address, professional registration, and any data related to your practice operations. You can amend your personal information should an adjustment be required.
5. Use of Remedly for Health Care Services
• (a) If you are a Patient:
You must not make any misrepresentations in the information you provide to us or that your representative provides to us. In order for the Service to function effectively, you must also keep your account information up-to-date and accurate. If you do not do this, the accuracy and effectiveness of the Service may be affected and may result in ineffective consultations. You understand that the Service should never be used for urgent matters. You understand that for urgent matters you should seek emergency care. It is your responsibility to contact your healthcare provider and Remedly if you do not understand or do not agree with the consultation received by your healthcare provider through the Service.
6. Accounts; Passwords; Security.
You will need to register and create a personal account in order to use the Service. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else's name or contact information, unless you are a parent or legal guardian setting up and maintaining an account for your child, and in no event can you set up an account using a phony name or phony contact information. You are completely responsible for your account and everything that happens on your account (including any account(s) you maintain for your child(ren)). This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by us (or anyone else) due to the unauthorized use of your account.
• (a) If you are a Patient:
• Your total price may include taxes or other applicable fees that you are responsible for paying. Except as otherwise expressly specified, all payments are final. You may be presented with additional terms related to a specific payments before you confirm the transaction. Those additional terms will also govern that transaction.
• If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify Remedly immediately so that Remedly may take action to attempt to prevent financial loss.
8. Submitted Information
• (a) If you are a Patient:
You are solely responsible for any information you or your representative submits on the Site on your behalf and the consequences such submission. A non-exhaustive list of possible information that you may submit includes all applicable personal information, medical information and records and photographs and video of your medical condition. You warrant and represent to us that you either own all the information you are submitting or have the right to submit the information. Furthermore, you warrant and represent that you have the right to allow us to make your information available to our employees and agents to view and use in connection with providing the Service without requiring that any such use be subject to additional obligations or terms.
9. Proprietary Rights
Remedly and our suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Service and content included in the Service (other than your personal information). If you give feedback on the Service, such as recommendations for improvements or features, you hereby assign to Remedly all right, title and interest in and to such feedback, and that feedback may be implemented as part of the Service without compensation to you. We reserve all rights in and to the Service unless we expressly state otherwise. The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
10. How to Communicate with Us
If you would like to communicate with us (for example, to provide feedback, comments or requests for technical support), you should contact us through our customer support department at www.remedly.com ("Contact us" section).
You acknowledge that temporary interruptions in the availability of the Service may occur from time to time, including the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Remedly, in its sole discretion, may elect to take. Under no circumstances will Remedly be held liable for any damages due to such interruptions or lack of availability.
12. Links to Other Sites
The Service may contain links to other websites that we do not own or control. We are not responsible for any of these other websites. You agree that we are not responsible for any aspect of these other websites, including their content, privacy policies or anything else. You may be exposed to things on other websites that you don't like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.
13. Warranty Disclaimer
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS," "WHERE IS" AND "AS AVAILABLE" BASIS. REMEDLY AND OUR AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
REMEDLY AND OUR AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION OR PROMISE THAT (A) THE SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THAT THERE WILL BE NO ERRORS IN THE SERVICE, ANY CONTENT OR DATA OR THAT REMEDLY WILL FIX ANY ERRORS. ANYTHING OBTAINED THROUGH USE OF THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND REMEDLY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICE OR ANY CONTENT OBTAINED FROM THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, REMEDLY AND OUR AFFILIATES, SUPPLIERS AND PARTNERS and OUR AND their OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS and LICENSORS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY indirect, INCIDENTAL, special, punitive or CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS or UNAUTHORIZED access OF your user content or loss of REVENUE OR PROFIT) ARISING from or related to YOUR USE OF THE SERVICE OR any content provideD BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (a) your USE OR INABILITY TO USE our SERVICE; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM our SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (D) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, REMEDLY'S LIABILITY AND THE LIABILITY OF EACH OF OUR OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT YOU HAVE PAID FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING A CLAIM OR THREE HUNDRED DOLLARS ($300).
16. Termination and Suspension
17. Additional Terms
Portions of the Service may be accompanied by additional terms that apply to specific features or areas of the Service. Those additional terms supplement these terms with respect to your use of those features or areas.
18. Governing Law and Dispute Resolution
YOU AGREE THAT if you want to sue us, you must file your lawsuit within ONE year after the event that gave rise to your lawsuit. OTHERWISE, your lawsuit will be PERMANENTLY BARRED.
TO THE EXTENT PERMITTED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND REMEDLY SPECIFICALLY AGREE TO DO SO IN WRITING.
19. Notices to You
Consent to Receive Electronic Communications. Notices to you may be sent via email or provided through the Service by displaying links to notices generally on the Site.
• Disclosures or notices provided in connection with the Service, including any required by federal or state law (including initial disclosures, periodic statements, initial and revised privacy notices, opt-out notices and change-in-terms notices).
• Any other communication related to the Service.
All Communications will be deemed to have been received by you no later than 5 business days after we send it to you by email or post it on the Site, whether or not you have received the email or retrieved the Communication from the Site. An electronic Communication by email is considered to be sent at the time that it is directed by Remedly's email server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
You agree to promptly update your account records with Remedly if your email address changes so that Remedly may contact you electronically. You understand and agree that if we send you an electronic Communication but you do not receive it because the email address on file is incorrect, out of date, blocked by your service provider or you are otherwise unable to receive electronic Communications, Remedly will be deemed to have provided the Communication to you.
In order to access and retain Communications, you must have:
• a computer with an Internet connection;
• a current web browser that includes 256-bit encryption (e.g., Internet Explorer version 11 and above, Firefox version 51 and above, Chrome version 55 and above, or Safari 9 and above) with cookies enabled;
• a valid email address (i.e., your primary email address on file with Remedly); and
• sufficient storage space to save past Communications or an installed printer to print them.
If you have opened an account with us and you wish to withdraw your consent to have Communications provided electronically, you must close your account and stop using the Service. There are no fees to close your account.
20. General Terms