MYMEDVIEW, INC., a Tennessee Corporation
dba CometMD Telehealth Policy
Telehealth End User License Agreement
These terms and conditions of the end user license agreement (“EULA”) govern your use of our online interfaces and software owned and controlled by MYMEDVIEW, INC. dba CometMD (“CometMD”). By using the services you agree to be legally bound to the EULA as well as all terms, policies, and operating procedures that may from time to time be published on the CometMD website and mobile application (“Site”). If you do not agree to the EULA promptly exit the Site and do not use these services.
- Acknowledgement. YOU UNDERSTAND THAT THE INTERFACE, SOFTWARE, WEBSITE, AND OTHER SERVICES ARE PROVIDED “AS-IS” AND ARE NOT INTENDED TO AMOUNT TO ANY ADVICE, INCLUDING BUT NOT LIMITED TO MEDICAL ADVICE, OR FOR DIAGNOSTIC PURPOSES ON WHICH RELIANCE SHOULD BE PLACED. WE ARE NOT A MEDICAL CARE PROVIDER AND DO NOT PROVIDE MEDICAL ADVICE. THE INTERFACE, SOFTWARE, WEBSITE, AND OTHER SERVICES ARE NOT INTENDED TO BE RELIED UPON IN LIEU OF MEDICAL TREATMENT OR ADVICE BY A TRAINED MEDICAL CARE PROVIDER. ALWAYS CONSULT YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS REGARDING ANY MEDICAL CONDITION, OR FOR SPECIFIC GUIDANCE REGARDING YOUR MEDICAL NEEDS.
- Scope of License. We grant you a nontransferable license to use the Telehealth interface, software, website or other services on this Site. This license applies to the interface, software, website, or other services on this Site, including any updates or supplements, unless they come with separate terms, in which case those terms apply. We may change these terms at any time by notifying you of a change when you next start or use the interface, software, website, or other services on this Site. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the interface, software, website, or other services on this site. If you do not accept any new terms you will not be able to use the interface, software, website, or other services on this Site.
- Consent to Use of Data. You agree that We may collect and use data including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the services on this Site. We may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
- License Restrictions. Except as expressly set out in this EULA or as permitted by any local law, you agree:
You further agree that We may collect and use health related information in connection with the use of our interface, software, website, and other services on this Site. This health related information might come from third party applications or services or your manual entry uploaded to our Site. You agree to use the third party applications or services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third party application or services, and shall not be liable for any such third party application or services. To the extent you choose to use such third party application or services, you are solely responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any third party application or service at any time without notice or liability to you.
- not to copy the interface, software, or documents except where such copying is incidental to normal use of the Software;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the interface, software or documents;
- not to make alterations to, or modifications of, the whole or any part of the interface, software, and other services, or permit the interface, software, and other services, or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the interface, software, or other services, or attempt to do any such thing except to the extent that such actions cannot be prohibited by law, if applicable, provided that the information obtained by you during such activities:
- is not unnecessarily disclosed or communicated without our prior written consent to any third party;
- is not used to create any software that is substantially similar to the interface, software, or other services on this Site;
- not to provide or otherwise make available the interface, software, or other services in whole or in part (including object and source code), in any form to any person;
- not to remove any proprietary notices from the interface, software, or other services on the Site (e.g., copyright and trademark notices); and
- to comply with all technology control or export laws and regulations that apply to the technology used or supported by the interface, software, website, or other services on the Site.
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE INTERFACE, SOFTWARE, WEBSITE, DOCUMENTS, AND OTHER SERVICES ON THIS SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INTERFACE, SOFTWARE, WEBSITE, AND OTHER SERVICES ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT THAT THE INTERFACE, SOFTWARE, WEBSITE, SERVICES, TECHNOLOGY, AND OTHER SERVICES ON THIS SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE INTERFACE, SOFTWARE, AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE FOREGOING WILL BE CORRECTED.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WITHOUT LIMITATION, RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We will have no liability for errors, unreliable operation, or other issues resulting from use of the interface, software, website, and other services on this Site on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system. Use of the interface, software, website, and other services on this Site on and through any of these modified devices mentioned herein will be at your sole and exclusive risk and liability.
YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD COMETMD HARMLESS FROM ANY LIABILITY, LOSS, DAMAGE, CLAIM AND EXPENSE, INCLUDING ATTORNEY FEES AND EXPENSES, RELATED TO YOUR VIOLATION OF THIS EULA OR YOUR USE OF THE INTERFACE, SOFTWARE, WEBSITE, OR OTHER SERVICES ON THIS SITE, OR FOR ANY CLAIMS MADE AGAINST COMETMD BY ANY THIRD PARTY ARISING FROM YOUR USE OF THE WEBSITE. YOU AGREE YOUR INDEMNIFICATION OF COMETMD INURES TO THE BENEFIT OF THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS SUCCESSORS IN INTEREST.
COMETMD’S SUPPLIERS AND LICENSORS ARE THIRD PARTY BENEFICIARIES OF THIS EULA, CAPABLE OF DIRECLTY ENFORCING THIS EULA AGAINST YOU AS A THIRD PARTY BENEFICIARY. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST COMETMD’S SUPPLIERS AND LICENSORS ARISING OUT OF THE LICENSE OF THE INTERFACE, SOFTWARE, WEBSITE, AND OTHER SERVICES ON THIS SITE AND ITS MARKETING, YOUR USE OF THE INTERFACE, SOFTWARE, WEBSITE AND OTHER SERVICES, AND THIS EULA. YOUR SOLE AND EXCLUSIVE REMEDIES ARE AGAINST COMETMD AND SUBJECT TO THE PROVISIONS OF THIS EULA.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorized by this EULA, including your use of any interface, software, or other services on this Site; and
- you must immediately delete or remove any downloadable interface, software, or other services from this Site, from all devices, and immediately destroy all copies then in your possession, custody or control and certify to us that you have done so;
- and thereafter, you remain bound by the sections that by their nature or intended character can survive expiration or termination of this EULA, such as, but not limited to section 1, 6, 8, 10 and this section.
- we will delete your user account and any data that you uploaded to the Software.
Any data, comments or materials you have sent to us via the support contact details outlined in Section 9 below, including feedback data, such as questions, comments, suggestions, or the like (“feedback”), shall be deemed to be non-confidential and non-proprietary. We shall have no obligation of any kind with respect to such feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the feedback to others without limitation, except for personal data which might be included in the feedback and which will only be used to contact you on any questions you might have or to resolve any issues you might experience in using the interface, software, website, or other services on this Site. Furthermore, we shall be free to use any ideas, concepts, know-how or techniques contained in such feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such feedback. You are prohibited from posting or transmitting to or from the interface, software, website, or other services on this this site, any feedback:
- uploading programs and/or files that contain viruses and/or corrupted files that may damage the operation of the website or any computers;
- making false statements and/or notifications, including registration of email addresses belonging to other parties;
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licenses and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any Third Party, in the United States of America or any other country in the world.
CometMD 318 High Street Maryville, Tennessee 37804
- We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.
- You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
- If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to this EULA must be filed within one (1) year after the claim or cause of action arose.
- This EULA constitutes the entire understanding and agreement between CometMD and you with respect to the transactions contemplated in this EULA and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this EULA, all of which are merged in this EULA.
- This EULA may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and CometMD. Neither you nor CometMD will contest the validity or enforceability of this EULA, including under any applicable statute of frauds, because it was accepted or signed in electronic form. Electronically maintained records when produced in hard copy form shall constitute business records and shall have the same validity as any other generally recognized business records.