Last Modified: 08/31/2020
These terms of use are entered into by and between you and ZoomCare Management, Inc. and its affiliates (collectively, “ZoomCare”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.zoomcare.com, including any content, functionality and services offered on or through www.zoomcare.com (the “Website”) or the ZoomCare On Demand Healthcare mobile application (the “App”)”, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website or App. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website or App.
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.
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.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website or App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
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:
To access the Website or App or some of the resources offered, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and App that all the information you provide on the Website and App is correct, current and complete. You agree that all information you provide to register with this Website and App or otherwise, including, but not limited to, through the use of any interactive features on the Website or App, is governed by our Website and Mobile Application Privacy Policy (“Privacy Policy”), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
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.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Website and App include certain interactive features, such as communication tools between you and your ZoomCare provider, the ability to schedule appointments, and access to laboratory test results and other information from your medical records. The use of the interactive features of the Website or App hereby constitutes your request to receive your laboratory test results via encrypted communications. You agree that you will not upload or transmit to ZoomCare any information that infringes upon, misappropriates, or violates any rights of any party. Further, you agree that any of the following shall constitute a breach of these Terms of Use: signing in as or impersonating another ZoomCare user; using ZoomCare’s communication features or transmitting material that violates any applicable law or that is intended to harm or would likely harm other; or distributing viruses or anything else harmful through the interactive features of the Website or App. The use of the interactive features of the Website and App may be subject to additional terms and conditions.
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.
These Terms of Use permit you to use the Website or App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or App, except as follows:
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: compliance@zoomcare.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or App in breach of the Terms of Use, your right to use the Website and App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or App or any content on the Website or App is transferred to you, and all rights not expressly granted are reserved by ZoomCare. Any use of the Website or App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
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.
You may use the Website and App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or App:
Additionally, you agree not to:
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.
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.
All information we collect on the Website and App is subject to these Terms of Use and our Privacy Policy. By using the Website or App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
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 or App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
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.
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.
You agree to defend, indemnify and hold harmless ZoomCare, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website and App, any use of the Website’s or App’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or App.
All matters relating to the Website, App, and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website or App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon, in each case located in the City of Portland and County of Multnomah. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver of by ZoomCare of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ZoomCare to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Website and App are operated by ZoomCare, 11958 SW Garden Place, Tigard, OR, 97223.
All notices of copyright infringement claims should be sent to: compliance@zoomcare.com. All other feedback, comments, requests for technical support and other communications relating to the Website or App should be directed to: compliance@zoomcare.com.