Last Modified: 08/31/2020
The Website and App Are offered and available to users who are 13 years of age or older and reside in the United States. By using the Website or App, you represent and warrant that you are of legal age to form a binding contract with ZoomCare and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or App.
Medical Advice or Services
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
The content of the Website and App is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. Further, the Website and App are not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease. You should always seek the advice of your qualified ZoomCare health care professional or other qualified health care professional with any questions or concerns you may have regarding your individual needs and any medical conditions. Visiting the Website, downloading the App, or registering for a ZoomCare account does not create a physician-patient relationship. Reliance on any information appearing on the Website or App, without further consultation with a ZoomCare health care professional, is solely at your own risk.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website or App, and any service or material we provide on the Website or App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, App, or the entire Website or App, to users, including registered users.
You are responsible for both:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or App or portions thereof using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should 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.
Intellectual Property Rights
The Website, App, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by ZoomCare, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not:
You must not access or use for any commercial purposes any part of the Website or App or any services or materials available through the Website or App.
If you wish to make any use of material on the Website or App other than that set out in this section, please address your request to: firstname.lastname@example.org.
The ZoomCare name, ZoomCare logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ZoomCare or its affiliates or licensors. You must not use such marks without the prior written permission of ZoomCare. All other names, logos, product and service names, designs, and slogans on this Website and App are the trademarks of their respective owners.
Additionally, you agree not to:
Reliance on Information Posted
The information presented on or through the Website or App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or App, or by anyone who may be informed of any of its contents.
The Website and App may include links content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these third-party materials, and all articles and responses to questions and other content, other than the content provided by ZoomCare, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ZoomCare. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. If the Website or App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website or App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Changes to the Website
We may update the content on this Website and App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or App may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website and App
The owner of the Website and App is based in the State of Oregon in the United States. We provide the Website and App for use only by persons located in the United States. We make no claims that the Website or App or any of their content is accessible or appropriate outside of the United States. Access to the Website and App may not be legal by certain persons or in certain countries. If you access the Website for App rom outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, APP, CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP IS AT YOUR OWN RISK. THE WEBSITE, APP, CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ZOOMCARE NOR ANY PERSON ASSOCIATED WITH ZOOMCARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR APP. WITHOUT LIMITING THE FOREGOING, NEITHER ZOOMCARE NOR ANYONE ASSOCIATED WITH ZOOMCARE REPRESENTS OR WARRANTS THAT THE WEBSITE, APP, CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ZOOMCARE HEREBY DISCLAIMS 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ZOOMCARE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS 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 WEBSITE, APP, ANY WEBSITES LINKED TO THE WEBSITE OR APP, ANY CONTENT ON THE WEBSITE OR APP, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, APP, OR SUCH OTHER WEBSITES OR APPS, 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.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
The Website and App are operated by ZoomCare, 1455 NW Irving Street, #600, Portland, Oregon 97209.
All notices of copyright infringement claims should be sent to email@example.com. All other feedback, comments, requests for technical support and other communications relating to the Website or App should be directed to: firstname.lastname@example.org.