Effective Date: September 28, 2017
If you object to anything in these Terms or the ZoomCare Website and App Privacy Statement(“Privacy Statement”), do not use the Services. These Terms are subject to change by ZoomCare at any time, effective upon posting on the Services, and your use of the Services after such posting will constitute acceptance by you of such changes.
For purposes of these Terms, the Services do not include clinical services, that ZoomCare may provide to you as a result of your use of the Services (collectively, “Healthcare Services”). Your receipt of Healthcare Services from ZoomCare is governed by the ZoomCare Notice of Privacy Practices and the ZoomCare Services Terms and Conditions.
Your authorization to use the Services may be terminated under the following circumstances:
The Services are for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies, or businesses may not become patients or otherwise use the Services for any purpose.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
ZoomCare or its licensors own and retain all proprietary rights in the Services. The Services contain the copyrighted material, trademarks, and other proprietary information of ZoomCare and its licensors. Except for that information for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
ZoomCare grants you a limited, revocable, nonexclusive, non-transferable, personal license to use the Services for your personal, non-commercial use only, subject to and conditioned on your continued compliance with these Terms. You may not commercially exploit the Services. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services, except as authorized by the Terms. No right, title or interest in or to the Services is transferred to you, and we reserve all rights not expressly granted.
The ZoomCare name, its logo and all related names, logos, product and service names, designs, and slogans are trademarks of ZoomCare or its affiliates. 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 the Services are the trademarks of their respective owners.
We may (i) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (ii) terminate or suspend your access to all or part of the Services for any reason.
ZoomCare reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that ZoomCare shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.
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 the Services or portions of it 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.
ZoomCare is not responsible for any incorrect or inaccurate content posted on the Services or in connection with the Services. ZoomCare is not responsible for any problems or technical malfunction of any telephone network, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, including injury or damage to users and/or members. Under no circumstances will ZoomCare be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services, any content posted on the Services or transmitted to any party. The Services are provided "AS-IS." ZoomCare cannot guarantee any specific results from use of the Services.
The Services may permit you to view certain information displayed from your medical records, including the results of certain laboratory or imaging tests. Your use of these features is considered to be a request by you to receive your results online.
ZoomCare provides you with a number of interactive online services to help you better manage your health. The services may include (but are not limited to) secure messaging relating to:
You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate, or violate any rights of any party.
In consideration of being allowed to use the Services, you agree that the following actions shall constitute a material breach of these Terms:
ZoomCare expressly reserves the right, in its sole discretion, to terminate a user's access to any interactive services and/or to any or all other areas of the Services due to any act that would constitute a violation of these Terms.
In addition, ZoomCare may make an electronic copy of your medical records, including electronic copies of your X-rays and other digital medical images, accessible to you. You may use these images as you wish, including sharing them with other health care providers and posting them on social media. You are solely responsible for records; you have downloaded or shared. ZoomCare is not responsible for protecting such records from misuse or disclosure by third parties.
The Services may provide, or third parties may provide, links to other websites or resources. Because ZoomCare has no control over such sites and resources, you acknowledge and agree that ZoomCare is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
We are committed to protecting the privacy of children. You should be aware that the Services are not intended or designed to attract children under the age of 13. If we learn that we have collected personal information from a person under age 13, we will delete that information as quickly as possible. If you believe that we might have any information about a person under age 13, please contact us at email@example.com.
The owner of the Services is based in the state of Oregon in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of their content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. ZOOMCARE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, QUALITY, ACCURACY OR NATURE OF THE CONTENT OF THE SERVICES, SECURITY OF USER CONTENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ZOOMCARE SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE SERVICES OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY 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 SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZOOMCARE 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 SERVICES, ANY CONTENT ON THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, 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. IN NO EVENT WILL ZOOMCARE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO ZOOMCARE FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ZOOMCARE, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ZOOMCARE AND YOU.
You agree to indemnify, defend, and hold ZoomCare, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any actions, losses, liabilities, claims, damages, fees, expenses, judgments, costs, and demands, including reasonable attorney's fees in connection with your use of the Services or from a breach of these Terms.
All information we collect on through the Services is subject to our Privacy Statement. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement. The Privacy Statement is hereby incorporated by reference.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto will be governed by the laws of the State of Oregon. Any dispute, legal suit, action or proceeding arising out of, or related to, these Terms, the Privacy Statement, or the Services shall be instituted exclusively in the federal or state courts located in the State of Oregon. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
These Terms and our Privacy Statement constitute the sole and entire agreement between you and ZoomCare with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
The Services are operated by ZOOM Management, Inc. and its affiliates, including the entities that comprise ZoomCare. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: firstname.lastname@example.org.