Terms and Conditions

Healthchat

Terms & Conditions

Terms & Conditions


Last updated: March 18, 2020­


General

Except as stated in these Terms and Conditions,  the phrases “you or “your” shall be applicable to any person, entity, patient and/or   provider (healthcare or medical) who accesses or utilizes the Telehealth Services (as defined below) as a user of Healthchat Inc. (“Healthchat”).  Before using the Healthchat’s website(s) (hereinafter referred to as the “Site”), platform, programs, products (including but not limited any software, portals, data, interfaces, codes passwords, links, etc…), services (internet, cloud-based, network, servers, infrastructure or otherwise) patches, integrations, methods, processes, know-how, technology,  mobile application(s), desktop application(s), or any derivative works, updates, enhancements, redesigns, fixes, improvements,  adoptions or invention thereof (together, or individually, the “Telehealth Services”) operated, created, developed, maintained and/or utilized by Healthchat, its parent, its affiliates, and/or its subsidiaries, you must carefully read these terms and conditions (hereinafter referred to as “Terms and Conditions”). Your access and/or use of the Telehealth Services is conditioned upon your acceptance of and compliance with these Terms and Conditions and by accessing and/or utilizing, the Telehealth Services you have agreed to bound and comply with the Terms and Conditions.

These Terms and Conditions govern your use of  the Telehealth Services and apply to all visitors or users who wish to access or use the Telehealth Services. If you do not abide by the Terms and Conditions, then you do not have permission to use or access the Telehealth Services. Please also consult Healthchat’s Privacy Policy for a description of Healthchat’s privacy practices and policies, including how Healthchat collect and handle your personal health information and financial information.

Healthchat does not provide healthcare or medical services on behalf of, or in conjunction with any of the services provided by any physicians or other medical/healthcare providers who utilize the Telehealth Services for their patients. All of the medical/healthcare providers  who utilize the Telehealth Services are not affiliated with and/or are independent of Healthchat and only use the Telehealth Services as a way to communicate with patients and other providers. Any information or advice received from a provider or patient comes from them alone, and not from Healthchat. A patient’s or provider’s interactions with the provider or provider via the Telehealth Services are not intended to take the place of the relationship between a patient and a healthcare/medical practitioners or physician.

Neither Healthchat, nor its directors, officers, employees agents, subcontractors, subsidiaries,  affiliates, parent or any third party who may promote the Telehealth Services or provide a link to the Telehealth Services, shall be liable for any professional advice obtained from a health care provider via the Telehealth Services or for any other information obtained on the website. Healthchat does not endorse any specific tests, methods, treatments, medications, medical equipment, physicians, practitioners, institutions, centers, medications, products or procedures that are recommended by any medical or healthcare provider that may use Healthchat to communicate with a patient. The patient by using the Telehealth Services acknowledges and agrees  that their reliance on any healthcare or medical providers, or any information provided by said providers via the Telehealth Services is solely at the patient’s own risk and the patient assumes assume full responsibility for all risk associated herewith.

Healthchat does not make any representations or warranties about the training or skill of any healthcare or medical providers who provides treatment, diagnosis, and/or other medical or healthcare  services or products via the Telehealth Services. The patient may be provided with a list of available providers located in the U. S. based solely on the information the patient , their employer or their plan sponsor provides to Healthchat. The patient is ultimately responsible for choosing their particular healthcare or medical provider.

For Providers Only Using The Telehealth Services

You, as a provider, understands that if medical advice is provided, it may be delayed, distorted or inaccurate due to technology-related issues such as poor connectivity or image or sound quality. Additionally, you as a provider, understand that express consent of your patient is required to release any healthcare information relating to testing, diagnosis, and/or treatment which would include, but not be limited to the following: HIV (Aids virus), sexually transmitted diseases, psychiatric disorders/mental health, and/or alcohol abuse.  Dissemination of any patient-identifiable images or information from telehealth interaction to researchers or other entities shall not occur without the patient or guardian’s consent. Healthchat does not make any representations or warranties about the training or skill of any healthcare or medical providers who provide healthcare services via the Telehealth Services.

You, as a provider using the Telehealth Services hereby certifies that you are physically located in the state you have chosen as your current location or originating site per applicable federal and state law. You, as a provider, acknowledge that your ability to access and use the Telehealth Services is conditioned upon the truthfulness of this certification and that other healthcare/medical providers, patients, Healthchat and affiliated third parties are relying upon this certification in order to interact with the provider. In the event that your certification is inaccurate, you as a provider agrees to indemnify and hold harmless Healthchat from any resulting damages, injuries, suits, judgments, costs, proceedings, liens, injunctions, claims or other declaratory, injunctive or monetary relief.

You, as a provider, immediately shall notify, and cooperate fully with Healthchat in the event you discovers or suspects: (a) any unauthorized use of or access to the Telehealth Services; (b) any inappropriate use or disclosure of information contained in or obtained through use of the Telehealth Services; (c) the recognition or introduction of any virus, worms, trojan horses and other destructive items; or (d) any security incident or breach (as defined in the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR parts 160, 162 and 164) and any applicable state or federal law.

General Communications

When you use the Telehealth Services, or send e-mails, text messages, and other communications from your desktop or mobile device to Healthchat, you are communicating with Healthchat electronically. You consent to receive communications from Healthchat electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that Healthchat provides to you electronically satisfy any legal requirement that such notices and other communications be in writing. By creating an account through the Telehealth Services, you agree to subscribe to newsletters, marketing or promotional materials and other information Healthchat may send. However, you may opt out of receiving any, or all, of these communications from Healthchat by following the unsubscribe link or instructions provided in any email sent by Healthchat.

Access and use of the Telehealth Services may generate data or use charges from any internet-related, cloud-based, wireless, landline, fiber, or other telecommunications provider or network, and you shall be solely responsible for such charges, if applicable.

Medical Communications

IF YOU AS A PATIENT ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

THE CONTENT OF THE SITE AND THE TELEHEALTH SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. A PATIENT SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. ALL INFORMATION PROVIDED BY HEALTHCHAT OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY HEALTHCHAT AND IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN – PATIENT RELATIONSHIP AS DEFINED BY STATE AND FEDERAL LAW.

THE SITE AND TELEHEALTH SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY HEALTHCHAT, PROVIDERS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT THE PATIENT’S OWN RISK. WHILE HEALTHCHAT FACILITATES YOUR SELECTION OF, COMMUNICATIONS WITH AND OTHER INTERACTIONS WITH PHYSICIANS, HEALTHCHAT DOES NOT PROVIDE MEDICAL OR HEALTHCARE SERVICES AND THE DOCTOR-PATIENT RELATIONSHIP IS BETWEEN THE PATIENT AND THE HEALTHCARE PROVIDER YOU SELECT. ALL HEALTHCARE PROVIDERS IDENTIFIED OR ACCESSIBLE ON THE SITE ARE INDEPENDENT PROVIDERS AND ARE NOT EMPLOYED BY OR AFFILIATED WITH HEALTHCHAT.

License and Content

Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, Healthchat grants you a limited, non-exclusive, royalty-free, non-transferable, non-sub-licensable, revocable license to access and make personal and non-commercial use of the Telehealth Services in accordance with the Terms and Conditions herein. This license does not include any resale or commercial use of any Telehealth Services, or its contents; any collection and use of any Telehealth Services listings, descriptions, or prices; any derivative use of any Telehealth Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. The Telehealth Services allows you to post, link, store, share and otherwise make available certain health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestion, information, files, documents, text, graphics, images, videos, or other materials (“Content”) accessed through or made available for use or download through the Site and Telehealth Services. You are responsible for the Content that you post on or through the Telehealth Services, including its legality, reliability, and appropriateness.

By posting Content on or through the Telehealth Services, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant Healthchat the rights and license as provided in these Terms and Conditions, and (ii) that the posting of your Content on or through the Telehealth Services does not violate or infringe on any privacy rights, confidentiality, publicity rights, copyrights, trademark, patents, intellectual property, contract rights, trade secrets or any other rights of any person or entity. Healthchat reserves the right to terminate the account of any person or entity found to be infringing on any of the rights listed herein.

You retain any and all of your rights to any Content you submit, post or display on or through the Telehealth Services in accordance with applicable laws and you are responsible for protecting those rights. Healthchat takes no responsibility and assume no liability for Content you or any third -party posts on or through the Telehealth Services. However, by posting Content using the Telehealth Services, you grant Healthchat the right and license to use, access, modify, enhance, remove, adopt, adapt, publicly perform, display, reproduce, transfer and distribute such Content on and through the Telehealth Services. Healthchat Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Telehealth Services is the property of Healthchat Inc. and constitutes user’s permission to use or access such Content. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Healthchat or its licensors, suppliers, publishers, rights holders, or other content providers. You may not distribute, disperse, reproduce, modify, adapt, enhance, adopt,  transmit, sale, resale, loan, lease, transfer, sublicense, reuse, download, repost, copy, decompile, disassemble, reverse engineer, create derivative works, or use, whether in whole or in part, for commercial purposes or any other purpose inconsistent with the Terms and Conditions, for yourself or any third party, the Telehealth Services.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Telehealth Services and/or Healthchat without express written consent of Healthchat. You may not use any meta tags or any other “hidden text” utilizing Healthchat’s name or trademarks without the express written consent of Healthchat. You may not remove, alter, obscure, cover or change any trademark, copyright, patent or other proprietary notices, labels or markings from or on the Telehealth Services and/or Healthchat nor permit the same by its employees, agents, vendors, subcontractors or directors.  You may not misuse the Telehealth Services. Neither the Content nor the Telehealth Services, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Telehealth Services  may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Healthchat.

You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, Telehealth Services marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Healthchat without Healthchat’s express written consent. You may use the Telehealth Services only as permitted by applicable law.  From time to time, content may relate to information that contains Protected Health Information (“PHI”). As such review Healthchat’s Privacy Policy for information relating to the use and storage of such PHI.

Any violation of this grant of license as stated herein shall be considered a material breach hereunder and constitutes grounds for immediate termination of your use of the Telehealth Services as well as subject to the Terms and Conditions hereunder.

Site Accounts, Accounts, Access and Security

By creating an account with Healthchat, you guarantee that you are above the age of 18, have the capacity and authority to enter into an agreement with Healthchat and that the information you provide Healthchat is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Telehealth Services. You are responsible maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account and to not to share or disclose your user ID or password to any third party. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify Healthchat immediately upon becoming aware of any breach of security or unauthorized use of your account. Healthchat  reserves the right to delete or change any username or password at any time in the case of a security breach or privacy violation, or in compliance with applicable federal and state law, which includes but not limited to a court order or agency determination.

You are prohibited from violating or attempting to violate the security of the Telehealth Services or Healthchat including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms and Conditions or in violation of applicable law. If you are under 18, you may use the Telehealth Services only with involvement of a parent or guardian. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Telehealth Services, deep-link to any feature or content on the Telehealth Services, bypass our robot exclusion headers or other measures Healthchat may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. Healthchat 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. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Telehealth Services or any activity being conducted on this Site.

User Information

If you submit any Content via the Telehealth Services, you agree not to provide any information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.

You represent and warrant to Healthchat and, if applicable,  its providers that you have the legal right and authorization to provide Content to Healthchat and, if applicable its providers for use as set forth herein and required by Healthchat and the provider. Healthchat reserves the right to refuse Telehealth Services, terminate accounts, remove, or edit your Content or revoke your account in Healthchat’s sole and exclusive discretion at any time.

Intellectual Property

The Telehealth Services as defined in this Terms and Conditions is the property of Healthchat and, if applicable, its licensors and is protected by copyright, trademark, patent, trade secrets and other intellectual property laws. Healthchat agrees to allow you permission to access, use, display, download, store and print said content solely for accessing and using the Telehealth Services and for no other purpose. You agree not to reproduce, re-transmit, distribute, disseminate, sell, publish, broadcast, or circulate the Telehealth Services to anyone, including but not limited to others in the you and/or if applicable, your organization. All software, programs, platforms, applications, coding and other information technology as well as any accompanying documentation made available for download from access and use of the Telehealth  Services is the work product of Healthchat. All Healthchat trade names and marks, including, but not limited to “Healthchat®”, are trademarks of Healthchat, Incorporated. All other brands and names utilized as part of the Telehealth Services are the property of their respective owners. Nothing contained in the Telehealth Services should be construed as granting any license or right to use any trademark displayed on this site without the express written permission of Healthchat or that  such third-party that may own the trademark.

You agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create any derivative works of the Telehealth Services, nor allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Telehealth Services; or (b) transfer, distribute, sell, lease, rent, disclose or provide access to the Telehealth Services to any third party.  You further acknowledge and agrees that the Telehealth Services are the sole and exclusive property of Healthchat  and if applicable, its licensors and you shall not make any claim of ownership or interest, whether in whole or part, in the Telehealth Services of Healthchat.

The Telehealth Services, materials made available for download and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Healthchat Inc. and its licensors or suppliers, as applicable. The Telehealth Services is protected by copyright, trademark, trade secret, intellectual property and other laws of both the United States and foreign countries. Healthchat’s trademarks and trade dress may not be used in connection with any product or Telehealth Services without the prior written consent of Healthchat Inc.  In accordance with the Digital Millennium Copyright Act (“DMCA”), Healthchat will respond promptly to notices of alleged infringement that are reported to Healthchat’s designated copyright agent, identified below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by sending Healthchat a notice (“Notice”) complying with the following requirements.

  • Identify the copyrighted works that you claim have been infringed.
  • Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  • Provide your mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the Notice:
  • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  • Provide your full legal name and your electronic or physical signature.
  • Deliver this Notice, with all items completed, to info@healthchatpro.com.

Links to Other Web Sites

The Telehealth Services may contain links to third party web sites or Telehealth Services that are not owned or controlled by Healthchat.  Healthchat has no control over nor assumes any responsibility for the content, privacy policies, or practices of any third party web sites or services. Healthchat does not warrant the offerings of any of third party entities/individuals or their websites.  You acknowledge and agree that Healthchat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third party web sites or services. Healthchat strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

Healthchat may terminate or suspend your account and bar access to all or part of the Telehealth Services immediately, without cause or prior notice, in Healthchat’s sole and exclusion discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms and Conditions. If you wish to terminate your account, you may simply discontinue using the Telehealth Services.  All provisions of the Terms and Conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

As a condition of use of the Telehealth Services, you agree to defend, indemnify and hold harmless Healthchat and its parents, subsidiaries, affiliates, licensors, suppliers officers, directors, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) in connection with any third party claims, lawsuits, proceedings, hearings, or other actions, whether directly or indirectly, related to, resulting from or arising out of a) your use and access of the Telehealth Services, by you or any person using your account and password; b) a breach of these Terms and Conditions, or c) Content posted on the Telehealth Services. Healthchat Inc. shall have no obligation to indemnify you against any third party infringement claims. Your employer or health plan should you be accessing the Site or Telehealth Services through your employer or health plan.

Limitation of Liability

In no event shall Healthchat nor its directors, officers, employees, partners, agents, suppliers, parent, subsidiaries, licensors, suppliers subcontractors, agents or affiliates, be liable to any party for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, profits, use, business operations, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Telehealth Services; (ii) any conduct or content of any third party on the Telehealth Services including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content; (iii) any content obtained from the Telehealth Services; (iv) any Content posted on the Telehealth Services (v) the performance of the Telehealth Services and operation of the Telehealth Services and (vi) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), strict liability or any other legal theory in law or equity, whether or not the user or visitor have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purposes. Healthchat will have no liability or responsibility whatsoever for any business interruption or loss of data arising from termination of your access or use or any cessation of the application, website, or platform. Under no circumstances shall Healthchat, its licensors or suppliers or any third party who promotes the Telehealth Services or provides a provider with a link to the Telehealth Services be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on the provider’s computer or otherwise) arising from or in connection with the provider’s use of Telehealth Services, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if we or they have been advised of the possibility of such damages.  In the event the user of the Telehealth, you hereby releases and holds harmless Healthchat, its licensors, suppliers and providers and any third party who promotes the Telehealth Services or provides the provider with a link to the Telehealth Services from any and all claims, demands, proceedings, liens, injunctive actions, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the your use of Telehealth Services. You waive the provisions of any state or local law limiting or prohibiting a general release.

Under no circumstances shall Healthchat, any of its licensors or suppliers or any third party who promotes the Telehealth Services or provides the provider with a link to the Telehealth Services, be liable in any way for the your use of Telehealth Services or any of its content, including, but not limited to, any errors or omissions in any content, any infringement by any content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any content.  Under no circumstances shall Healthchat, its licensors or suppliers or any third party who promotes the Telehealth Services or provides you with a link to the Telehealth Services be liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on the your  computer or otherwise) arising from or in connection with the your use of Telehealth Services, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if we or they have been advised of the possibility of such damages.

To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of Healthchat to you with respect to your use of this site is $1000 (one thousand dollars).

Disclaimer of Warranty

Your use of the Telehealth Services, including any Content contained within or related to the Telehealth Services is at your sole risk and is provided on an “AS IS”, without faults, and “AS AVAILABLE” basis. The Telehealth Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and warranties arising out of course of dealing or usage or trade by status or law.

Healthchat,  its subsidiaries, affiliates, parent, directors, officers, employees, agents, subcontractors and  licensors do not warrant that a) the Telehealth Services will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Telehealth Services and Site is free of viruses or other harmful components; d) the accuracy, completeness and timeliness of information obtained through the Site or Telehealth Services or d) the results of using the Telehealth Services will meet your specific requirements. It is possible that the Telehealth Services could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Telehealth Services by third parties. In the event that an inaccuracy arises, please inform Healthchat so that it can be corrected. Additionally, Healthchat shall have no responsibility or liability for information or Content posted to the Telehealth Services from any non-Healthchat affiliated third party. You assume total responsibility and risk for your use of this site, site-related Telehealth Services, and linked websites. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.

Exclusion of Warranty

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Arbitration

Except as stated in the Terms and Conditions, any controversies or disputes that are not settled or  resolved  you and Healthchat shall be settled, argued or resolved in the state of Florida in accordance with the rules of the American Arbitration Association pursuant to the Federal Arbitration Act, and any judgment upon an award against a party may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, any dispute regarding the proprietary or confidential nature of the intellectual property of Healthchat, including but not limited to any issues concerning copyrighted, trademarked or patented products, methods, work, or processes of  Healthchat shall be delegated to a court of competent jurisdiction as set forth in the Governing Law section of the Terms and Conditions for final determination.

Remedies

In the event of any problem with the Telehealth Services or any of its Content, the you agree that your sole remedy is to cease using the Telehealth Services. You also agree that if you breach the Terms and Conditions hereunder, Healthchat Inc. in addition to any remedies that may be available under law, shall have the right to seek specific performance and/or any other injunctive or equitable relief which would include but not limited to the ability to obtain a temporary restraining order, temporary or preliminary injunction, and permanent mandatory or prohibitory injunction to restrain the continuation of any such breach or to compel compliance with these Terms and Conditions.

Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. You further agree that the venue for any actions, claims, disputes, hearings, proceedings or other matters associated, concerning, arising from or related to this Agreement shall be in Broward County, Florida or in the United States District Court for the Southern District of Florida, as applicable. Healthchat’s failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between Healthchat regarding Telehealth Services and supersede and replace any prior agreements Healthchat might have had between Healthchat regarding the Telehealth Services.

Force Majeure

Healthchat will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond Healthchat’s reasonable control, including without limitation, acts of god, terrorism (including, but not limited to cyber terrorism, attacks or hacks), war, invasion, failures of any public networks, electrical shortages, pandemics, earthquakes or floods, civil disorder, strikes, fire or other disaster.

Right to Modify or Change

Healthchat reserve the right, at its sole discretion, to modify or replace these Terms and Conditions at any time without prior notice to the you. If a revision is material Healthchat will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Telehealth Services after any revisions become effective, you agree to have accepted said changes or modifications and to be bound by the revised Terms and Conditions. If you do not agree to the new Terms and Conditions, you are no longer authorized to use the Telehealth Services. Healthchat may in some cases use Google Analytics, a third-party tracking Telehealth Services, which uses cookies to track non-personal identifiable information about our visitors to the Site in the aggregate to capture usage and volume statistics. Healthchat has no access to or control over these cookies. The companion Privacy Policy covers the use of cookies by Healthchat only and does not cover the use of cookies by any third-party.

In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. These Terms and Conditions constitute the entire agreement between Healthchat and you pertaining to the subject matter hereof. You should periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions Use may be superseded by expressly designated legal notices or terms located on particular pages within this Telehealth Services.

If you have any questions, please contact us