CLOUDVISIT TELEMEDICINE TERMS OF SERVICE
This information was last updated on September 15, 2015.
Welcome to our website. We hope that you find the services provided beneficial. The terms and conditions on this page outline your usage rights, restrictions, and expectations for continued use of this website and all applicable services as provided by this website. Please review this document thoroughly as your acceptance to its terms constitute a legally binding agreement between you and CloudVisit as defined below.Acceptance of these terms of service upon registering for services on this website is required for usage of any services as provided by or facilitated by this website. Acceptance of these terms acts as confirmation that the terms have been clearly defined, understood, acknowledged, and agreed-upon by the Provider, first-party agents of the Provider, members of the Provider’s staff, third-party agents contracted by the Provider, and Clients.Continued usage of this website or its services is dependent upon your agreement to these terms. If these terms become unagreeable, then access privileges to this website and all associated services provided by or facilitated by this website are considered revoked. In such cases, the Client should contact the Provider to have their user account disabled.These terms of service may be updated in the future with, or without, notice. Reasonable effort will be made on the part of CloudVisit or the Provider to notify users of major revisions to these terms of service. PLEASE NOTE THAT ALL CHARGES TO YOUR CREDIT CARD WILL BE DISPLAYED AS COMING FROM CLOUDVISIT TELEMEDICINE BILLING.
If there are any questions regarding this document or the terms of service contained herein, please feel free to mail us at: CloudVisit Telemedicine
3182 Rt. 9
Cold Spring, NY, 10516Or call us at:
(a) CloudVisit Telemedicine (“CloudVisit” or “Contractor”) An owner and lessor of internet-based telemedicine solutions, CloudVisit has been contracted to provide this portal and online video-based telemedicine software to the Provider, agents of the Provider, and Clients of the Provider. This includes the portal and software framework, as well as default website content; and excludes custom content as provided by the Provider.(b) ProviderA lessee of CloudVisit’s website software and video-based telemedicine software. The Provider is responsible for all content and information displayed on the leased portal that has been modified from the default content provided by CloudVisit. The Provider is responsible for the management of this website, as well as information provided in written, verbal, or visual formats to Clients accessing or using this website and its information in all forms.Providers are also defined as active, licensed members of the website who provide medical services or medical information to Clients through usage of this website’s features and software. As such, this website may have multiple Providers and the role of “Provider” is synonymous with the role of a medical professional such as a licensed doctor, therapist, nurse, social worker, or counselor.(c) Client (“Account Owner”)All portal visitors who interact with the Provider, first-party agents of the Provider, members of the Provider’s staff, or third-party agents contracted by the Provider. This includes, but is not limited to, access of information and services as provided by the Provider including information and services presented on this website in written, verbal, or visual formats.
(d) Telemedicine Software (“Website” or “Site” or “Software”)
The software includes, but is not limited to, the foundation and functionality of the website being accessed as provided to Clients by the Provider; excluding website content. The software provides online video-based methods for providing legally binding health consultations and information in cases where the Client is speaking or communicating directly with a licensed professional through written, verbal, or visual formats.
- Hardware and Software Requirements Windows XP (PC) or OSX 10.6 (Mac) or higher
A Supported Web Browser
(Internet Explorer 9+, Mozilla Firefox 40+, Apple Safari 7+, Google Chrome 40+, or Opera 17+)
Adobe Flash Player 18 or higher
A Webcam with Microphone ¹
A Broadband Internet Connection ²
Ports 80, 443, and 1935 accessible to the Internet¹ CloudVisit Telemedicine works with all standards compliant webcams supported by the Adobe Flash Player software. For the best possible video quality we suggest a high-definition (720p or 1080p) webcam such as the Logitech c920 or Microsoft LifeCam Studio.
² A connection with a download speed of 2Mb/sec and an upload speed of 1.5Mb/sec is required to take part in video chat sessions. A connection of 5Mb down / 3Mb up is required for high-definition video quality.
- License Grant and Ownership
As the owner of CloudVisit internet-based telemedicine solutions, CloudVisit (hereinafter “CloudVisit” or “we”) grants you (“Licensee” or “Provider”) a limited, nonexclusive, nonsublicenseable, irrevocable (except for non-payment or non-compliance with terms) license to conduct online video or audio sessions or other interactions with patients or potential customers along with the right to transmit and receive documents or data associated with such interactions through the CloudVisit software and website and use such website, content, and software for the term of the Agreement (the “Software”). This Software license does not indicate sale or ownership of the Software or the platform for the custom website.
User licenses are issued specifically in the quantity purchased and may be transferred to other professionals or authorized users under the same Software account registration only. User licenses must remain with the account for the remainder of the contract; account holder cannot “give up” licenses, except during contract renewal. Licensee may not assign this Agreement to any other person without the express prior written consent of CloudVisit or its successor in interest. Licensee and authorized users may access the Software on any number of computers or workstations.
- Scope of License
The Software must be used in compliance with all conditions specified in this agreement, including all use of the video chat application and CloudVisit portal. The Licensee must abide by all HIPAA guidelines, rules, and regulations regarding the handling of Protected Health Information (PHI). The Licensee agrees to use the Software for client or customer consultation only, never personal or social connectivity. CloudVisit is not responsible for misuse and situations arising from misuse of the Software by the Licensee or the Licensee’s authorized users.
- Expiration and Termination
The license is valid from the date of purchase through the specified expiration date, whether in use or not. License extensions may be purchased at any time. Expiration of the license indicates conclusion of this License Agreement, and terminates all Licensee and patient access to the Software and CloudVisit portal. Upon termination of the license, we will deactivate any accounts associated with Licensee.
- Free Trials
Free trial accounts are only available during special promotions. Free trial accounts have a defined duration dependent upon current promotions and opportunities as provided by CloudVisit. Free trial accounts will automatically be converted to paid accounts the day following the expiration of a free trial to provide continued usage of CloudVisit systems. Your credit card will be billed at this time. If you would like to cancel a free trial account prior to resuming standard billing, please contact CloudVisit at 845-809-5770. A representative will be happy to assist you in a no-pressure cancellation.
- Account Termination
CloudVisit reserves the right to immediately suspend an individual user account in the case of severe Licensee misuse or illegal use as outlined in this agreement and determined by CloudVisit. If the misuse is deemed to be sufficiently serious by CloudVisit, CloudVisit shall have the right to terminate an individual user account. CloudVisit reserves the right to revoke end user licenses without refund.
- Licensee Early Contract Termination
No fees will be refunded. CloudVisit reserves the right to terminate this agreement at any time, for any reason, including but not limited to Licensee violation of the Expectations of Conduct, or other misuse or illegal use as outlined in this agreement. CloudVisit reserves the right to revoke user licenses without refund.
- No Implied License
No other license is granted to the Licensee beyond the limited rights and license expressly granted hereunder or otherwise in the Agreement. Except as set forth in the Agreement, CloudVisit retains all right, titles, and interest in the Software and custom website, including all copyright rights, trade secret rights, and all other intellectual property and proprietary rights.
Except as permitted by the Software functionality or otherwise agreed to by CloudVisit, you will not, and will take reasonable measures to not allow a third party within your control to: (a) copy the Software; (b) modify, translate, adapt, alter, or create derivative works from the Software; (c) merge the Software with any other software or documentation not otherwise needed for use or integration of the Software; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software; (e) except for purposes of allowing access to authorized users and patients or potential customers, distribute, sublicense, rent, lease or loan the Software to any third party; or (f) use the Software to provide outsourcing, service bureau, commercial hosting, or application service provider services to a third party.
Except as otherwise provided in the Agreement or in this License Agreement, Licensee may not assign or transfer its rights under this License Agreement or its rights to the Software without the prior written consent of CloudVisit. Upon any such transfer or assignment, Licensee must transfer all copies of the Software and assignee must agree in writing to all the terms of this License Agreement.
- Sales Return and Refund Policy
Because of the nature of the digital services offered, all sales made on this site are final. Unless otherwise noted, CloudVisit does not offer refunds or pro-rated returns on CloudVisit Telemedicine subscriptions and services.
- Acceptance of this Refund Policy
It is your responsibility to familiarize yourself with this refund policy. By placing an order for any of our products and services, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy. If you do not agree with or fully accept the terms of this refund policy, we ask that you do not place an order with us.Please contact customer service at 845-809-5770 or email email@example.com if you have any questions.
- Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED IN THE AGREEMENT, LICENSE AGREEMENT, OR IN ANY DOCUMENTATION OR USER GUIDES, LICENSEE’S USE OF THE SOFTWARE, SERVICES AND WEBSITE UNDER THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, USE OF ANY CONTENT, IS AT SOLE RISK OF LICENSEE. THE SOFTWARE, SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE PROVIDED IN THE AGREEMENT, LICENSE AGREEMENT OR IN ANY DOCUMENTATION OR USER GUIDES, CLOUDVISIT, ITS AFFILIATES, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “PROVIDERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXCEPT AS OTHERWISE PROVIDED IN THE AGREEMENT, LICENSE AGREEMENT, OR IN ANY DOCUMENTATION OR USER GUIDES, CLOUDVISIT DOES NOT WARRANT UNINTERRUPTED USE, OPERATION, OR AVAILABILITY OF THE SOFTWARE, SERVICES OR ANY CONTENT, OR THAT ANY SUBMISSION OR TRANSACTION REQUEST LICENSEE ATTEMPTS USING THE SOFTWARE AND/OR SERVICES WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. EXCEPT AS WRITTEN IN THE AGREEMENT, LICENSE AGREEMENT, DOCUMENTATION, OR USER GUIDES, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY LICENSEE FROM CLOUDVISIT OR ANY OTHER PROVIDER THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY REGARDING THE SOFTWARE OR SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- Limitation of Liability
EXCEPT FOR INDEMNIFICATION OBLIGATIONS OR BREACH OF OR FAILURE TO ABIDE BY CONFIDENTIALITY, SECURITY, OR DATA PRIVACY OBLIGATIONS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CLOUDVISIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CLOUDVISIT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM LICENSEE ACCESS TO OR USE OF, OR LICENSEE INABILITY TO ACCESS OR USE, THE SOFTWARE, SERVICES OR ANY CONTENT, NOR SHALL CLOUDVISIT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND CLOUDVISIT’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, then local law that most closely approximates an absolute waiver of all civil liability in connection with the Services shall be applied.
- Service, Software and Content Responsibility
CloudVisit is responsible for the operation, maintenance, and functional connectivity of the CloudVisit software, service, and server software environment (collectively “Services”) where such Services are provided and operated by CloudVisit or contracted from a third-party by CloudVisit.CloudVisit is not responsible for management of user hardware and software and does not guarantee connectivity and quality of Service on a per-user basis where connectivity and quality of Service are hindered by factors outside of the control of CloudVisit. Such factors include, but are not limited to: (i) slow, unstable, or unsatisfactory internet connectivity, (ii) local or Internet-based network congestion, (iii) conflicts in user hardware or unsupported hardware, (iv) conflicts in user software or unsupported software, (v) user error, (vi) breach of local user security, (vii) breach of the terms of service, (viii) limited network or Internet access caused by routing issues such as closed ports, QoS settings, signal degradation, signal loss, packet loss, and wireless access. Issues of connectivity as outlined are collectively known as “User Error”.Upon request, CloudVisit may provide assistance with rectifying issues of User Error at the cost of $200.00 per hour. Such assistance services are provided by CloudVisit at CloudVisit’s discretion based upon employee availability.CloudVisit shall not be held responsible for issues of User Error, and such issues may not in any part be seen as a failing of the CloudVisit system. CloudVisit is in no way responsible for the information provided via website copy. All website copy must be viewed and approved by the client prior to publishing. CloudVisit is in no way responsible for the information provided to participants by Providers before, during, or after participant sessions via CloudVisit, regardless of delivery method. Providers are not employees, contractors, or representatives of CloudVisit, and as such CloudVisit is not responsible for a Provider’s actions.
- Software Abuse
The CloudVisit software is designed to provide online interactions between Providers and Patients. The software allows for direct interaction between individuals through voice, video, and text, as well as through the sharing of documents, imagery, and other. Usage of the software or the CloudVisit Telemedicine Premium portal that can be deemed abusive or illegal is strictly prohibited and may result in termination of services provided by CloudVisit. In such cases no refund shall be issued for unused services or remaining subscription time. Usage of the software is restricted to licensed Providers. The uploading of viruses, spyware, adware, or other forms of malicious software may result in immediate termination of the offending account. In such cases no refund shall be issued for unused services or remaining subscription time.Files uploaded to the website must pertain to one of the following categories as determined by the Parties:- Patient Treatment
– Patient Education
– Patient Record Keeping
- Protocol and Copyrights– CloudVisit retains all copyrights to the CloudVisit software, its functions, the website design template, and all imagery as related to the design template, except for any content, trademarks or images provided to Patients by Providers
– The CloudVisit software is not to be copied or reverse engineered in any way under penalty of all applicable international copyright laws.
– The client retains all copyrights to custom developed content and branding and images.
- Credit Card Statements
PLEASE NOTE THAT ALL CHARGES FOR SERVICES RENDERED TO PROVIDERS AND CLIENTS WILL BE LISTED ON AN ACCOUNT STATEMENT AS INITIATED BY “CLOUDVISIT TELEMEDICINE BILLING.”
YOU WILL INDEMNIFY AND HOLD HARMLESS, CloudVisit FROM AND AGAINST ANY COSTS, DAMAGES, EXPENSES, AND LIABILITIES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO ANY USER CONTENT, YOUR USE OF THE SERVICES OR ANY CONTENT, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE BENEFIT OF ANY LAW, LOCAL, STATE OR FEDERAL, LIMITING THE APPLICATION OF THE PROVISIONS OF THIS AGREEMENT RELATING TO INDEMNIFICATION OR RELEASE. SPECIFICALLY, FOR CALIFORNIA RESIDENTS YOU AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES AS FOLLOWS:A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
- Limitations on Actions and Claims
YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT MAY ARISE, RESULT, OR OCCUR AS A RESULT OF YOUR USE OF THE WEBSITE, OR FROM ENTERING INTO THIS AGREEMENT, MUST BE COMMENCED NOT LONGER THAN ONE (1) YEAR FROM THE DATE SUCH CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE YOU WAIVE ALL RIGHT TO BRING SUCH CAUSE OF ACTION OR CLAIM AND SUCH ACTION OR CLAIM IS FOREVER BARRED AND DISCHARGED.
- Governing Law
This agreement shall be governed by and construed in accordance with the laws of the United States and the State of New York, as applied to agreements entered into and to be performed entirely within New York between New York residents.
- Dispute Resolution
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the County of New York, State of New York before one arbitrator(s). The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.