Terms of Use
DO NOT USE THIS SITE FOR EMERGENCY MEDICAL NEEDS. If you experience a medical emergency, call 911 immediately.
InstaMD is owned and operated by InstaMD, Inc (“InstaMD”). InstaMD makes this App available for the sole purpose of facilitating communications between health services providers and Patient who chose to use the Patient Remote Monitoring Service.
USE OF APP
InstaMD is not licensed to practice medicine and does not render medical care or medical advice. Neither InstaMD, nor any of its licensors or suppliers, shall be liable for any advice obtained from a health service provider using App. InstaMD does not recommend or endorse any specific providers, tests, medications, products or procedures. All services or recommendations made by a health service provider are based on their independent professional judgment.
ABOUT HEALTH SERVICE PROVIDERS
Health Service providers choose App to use internal communication as well as offering to their established patient.
YOUR COMMUNICATIONS
You are responsible for your own communications using App. You may not:
- communicate material that is copyrighted, without the permission of the copyright owner;
- communicate material that reveals trade secrets, unless you have permission of the owner;
- communicate material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- communicate material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or entity;
- communicate a sexually-explicit image;
- communicate chain letters or pyramid schemes;
- impersonate another person; or
- violate the Children’s On Line Privacy Protection Act.
PAYMENT INFO
InstaMD does not collect any payment related using this App.
PASSWORDS AND ACCOUNT
Your username and password (collectively, the “Password”) will allow you to access the App. You are solely responsible for controlling your Password, and are prohibited from making available your Password to any third party. You are responsible for all activities that occur under your Password. You agree to notify InstaMD Customer Support at support@instamdinc.com immediately of any unauthorized use of your Password or of any need to reset or lock down the Password(s) associated with your account.
TERMINATION
InstaMD may terminate any User’s right to use this site at any time. InstaMD reserves the right to block, delete or stop the uploading of materials and communications that it in its sole discretion finds unacceptable for any reason. If your right to use this site ends, you shall make no further use of this site or any information obtained from this site. If you find that you have been terminated, you may contact InstaMD Customer Support at support@instamdinc.com for further information.
APPROPRIATENESS OF CONTENT
This website is not intended to attract children under the age of 18. Children under 18 must be enrolled on the site under their parent or guardian’s account as a dependent. Parent or guardians are solely responsible for being present with their minors when using the App.
NO LIABILITY FOR COMPUTERS AND NETWORKS USED TO ACCESS YOUR ACCOUNT
We are only responsible for the security of the computer systems we own and operate. INSTAMD shall have no liability for information about you stored or recorded by any Mobile device or any network, whether public or private, that you may use to access App.
ACCEPTABLE USE
You agree not to access or use the App for an unlawful or illegitimate purpose. You shall not attempt to disrupt the operation of the services or the InstaMD system. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks.
OPERATION AND RECORD RETENTION
InstaMD reserves complete and sole discretion with respect to the operation of App. InstaMD may withdraw, suspend or discontinue any functionality or feature of the services. InstaMD is responsible for maintaining data arising from use of the services, but does not warrant the accuracy or completeness of the data stored. InstaMD reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the App pursuant to its internal record retention and/or destruction policies.
INTELLECTUAL PROPERTY
All of the content available on or through InstaMD is the property of InstaMD, Inc or their licensors, and is protected by copyright, trademark, patent, trade secret and other intellectual property laws. We give you permission to display, download, store and print the content only for Your personal, noncommercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received using the App to anyone. All software and accompanying documentation made available for download from the InstaMD website is the copyrighted work of InstaMD or its licensors.
Subject to these terms and the App User Agreement, InstaMD hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the InstaMD website to the extent, and only to the extent, necessary to access and use the Vitals Recorder for your personal use.
DIGITAL MILLENIUM COPYRIGHT ACT
InstaMD respects the intellectual property of others and expects users of our App to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site or through this service, you must provide the following information when providing notice of the claimed infringement to InstaMD:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner and identification of the copyrighted work that is infringed; Information reasonably sufficient to permit InstaMD to contact you, such as an address, telephone number and/or electronic mail address; A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;
A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted as a written notification to INSTAMD through INSTAMD Customer Service or by writing us at 23890 Copper Hills Dr, Ste 126, ATTENTION: LEGAL DEPARTMENT/DMCA COMPLAINT. This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).
LIABILITY OF INSTAMD AND ITS LICENSORS AND SUPPLIERS
No Liability. INSTAMD AND ITS LICENSORS AND SUPPLIERS (INCLUDING, FOR THE PURPOSES OF THIS ENTIRE SECTION, ALL PROVIDERS OF CONTENT FOR THIS WEB SITE) SHALL NOT BE LIABLE TO YOU, UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LIABILITY OR INDEMNITY, FOR
ANY DAMAGES OR PENALTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE USE OR INABILITY
TO USE THIS SITE OR THE CONTENT, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INSTAMD SHALL BE LIABLE TO YOU ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU. THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE
EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
InstaMD and its licensors and suppliers are not responsible for any claims you may have against any medical professionals, suppliers of products or other persons, institutions or entities identified in whole or in part through this App.
No Warranties. THE SITE, APPS, SERVICES, CONTENT AND INFORMATION ARE PROVIDED “AS IS.” INSTAMD, ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE.
INSTAMD, ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION IN, OR LINKS OR SEARCHES CONDUCTED THROUGH THIS SITE IS COMPLETE, EXHAUSTIVE, RELIABLE, CURRENT OR ACCURATE. NO CLAIMS OR ENDORSEMENTS ARE MADE FOR ANY DRUG, HERB, SUPPLEMENT, COMPOUND, THERAPY, OR TREATMENT.
INDEMNIFICATION
Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, You agree to indemnify and hold harmless InstaMD and its licensors and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including attorney’s fees) incurred by any Indemnified
Party in connection with any third party claims arising out of: (i) your use of the InstaMD and/or your receipt of services; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any of your obligations set forth here. You shall not settle any such claim without the written consent of the applicable Indemnified Party.
CURRENT PROCEDURAL TERMINOLOGY (“CPT”)
Fee schedules, relative value units, conversion factors and/or related components are not assigned by the American Medical Association (“AMA”), are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein.
CPT\A9 2009 AMA. All rights reserved. CPT is a registered trademark of the AMA.
CHANGES TO THIS NOTICE
InstaMD may revise, modify or amend the information contained on this page at any time. Any such revision, modification or amendment shall be effective immediately upon either posting it to this web site or otherwise notifying you.
MISCELLANEOUS
InstaMD is based in California, United States of America and makes no claims that the content and information included at this Apps is appropriate or may be downloaded outside of the United States. Access to the content and information included at this site may not be legal by certain persons or in certain countries. If you access this site from outside the United States, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction and any other applicable laws.
These terms of use shall be governed and construed in accordance with the laws of the State of California without regard to the choice of law provisions of any jurisdiction. InstaMD may without notice to you assign its rights and duties hereunder to any party at any time. Failure to enforce or insist on strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. You agree that any legal action or proceeding between InstaMD and you in any way related to these terms of use shall be brought exclusively in a court of a competent jurisdiction sitting in Los Angeles, California. Any cause of action or claim you may have against or involving InstaMD must be commenced within one year after the claim or cause of action arises. Neither the course of conduct between the parties nor trade practice shall modify these terms. The invalidity or unenforceability of any provision shall not in any way affect the validity or enforceability of the rest of these terms.
NOTICES
To the extent that the law and/or any applicable regulation allows for the provision of notice electronically, use of this site and the App constitutes agreement by the user to receive all such notices electronically, including but not limited to notices required by state or federal privacy laws, and all financial information pertinent to, or required in connection with the operation of App.
QUESTIONS
If you have questions and comments, or if you believe that your confidentiality has been breached or that any of your communications have been intercepted, or you wish to notify us regarding a suspected violation of these terms, please contact InstaMD Customer Support by email at support@instamdinc.com