Naretev Health Terms of Service Effective Date: January 1, 2021
These Terms of Service (these “Terms”) form a binding legal agreement between Naretev Health (“we”, “us”, “our”) and you, a user of our apps, websites, or platform, together with our services offered and delivered in connection with the foregoing (collectively, our “Services”). Please review these Terms carefully. By registering an account with us, or otherwise using the Services, you agree to these Terms. We reserve the right to amend these Terms at any time, for any reason. We will always post the then-current version of these Terms on our website. By continuing to use the Services after we have posted a new version of these Terms, you are accepting such new version.
Content; Ownership And License
“Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Services.
The Services, all Content other than Your Content (as defined below), and our trademarks (including, but not limited to the name Skip the Trip Clinic, Clinic, Dr. CAPE, Dr. CAPE, Naretev, Naretev Healthcare, and Naretev Health) are owned by us or our third party licensors and are protected by applicable copyright, trademark, and/or other intellectual property laws. Nothing contained in the Services should be construed as granting any license or right to use any of the Content without our written permission. Subject to your continued compliance with these Terms, we hereby grant you a personal, non-exclusive, revocable, nontransferable and non-sublicensable license to access and use the Services and Content for your personal, non-commercial use. Any use of the Content (including our names, logos, and trademarks) will inure to our benefit.
Your Content; Feedback
You represent, warrant, and agree that:
- You are 18 years of age or older.
- You are responsible for maintaining the security of your account and your login credentials, and you will be responsible for any actions taken using your account credentials. You are responsible for ensuring you provide complete and accurate information and keep such information up to date, and you are responsible for any liability or damages arising from false, fraudulent, or incomplete information.
- You are solely responsible for selecting medical professionals to connect with – we simply provide a platform to facilitate such connections. We may from time to time spotlight certain professionals or suggest certain professionals based on your information, but we do this for your convenience and do not endorse (and are not obligated to screen or otherwise vet) any particular professionals or other third parties.
Community Standards; Restrictions
You represent, warrant, and agree that you will not: (i) remove any trademark or copyright notices contained in the Services or Content; (ii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit the Services or Content; (iii) use manual or automated means to trawl, mine, scrape, frame, or mirror the Services or Content; (iv) disassemble, decompile or reverse engineer the Services or Content; (v) attempt to hack, defeat, or overcome any encryption technology or security measures regarding the Services or our other systems or those of any third party, or gain any unauthorized access to any systems or accounts; (vi) interfere with or disrupt the operation of the Services or any other systems or otherwise interrupt or interfere with any other user’s use or enjoyment of the Services; (vii) violate any applicable local, state, national or international law; (viii) post or transmit any Content that is unlawful, defamatory, abusive, harassing, threatening, obscene, fraudulent or otherwise inappropriate or infringes any intellectual property or privacy rights of any person; (ix) send unsolicited advertisements through the Services; (x) use the Services in a way that will adversely affect us or reflect negatively on us, any of our goodwill, name or reputation; (xi) provide any false or misleading information or any information that you do not have the right to provide; or (xii) otherwise violate any of our published rules, policies, or guidelines.
We may monitor your use of the Services and Content to ensure that you are complying with this section and the remainder of these Terms.
By providing us a payment card or other payment method information, you authorize use to charge you for the designated amounts. You acknowledge and agree that we may use one or more third-party payment processors to facilitate payments made through the Services, and that such payment processors will receive sufficient information regarding you and your payment method as needed to process such payments. We may impose a reasonable hold period on payments, for funding confirmation and anti-fraud purposes. All payments (including transactional fees, subscription and renewal fees, and any other amounts) are nonrefundable unless otherwise expressly stated. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. In accordance with local law, we may update information regarding your payment method if provided such information by your financial institution. Prices may change at any time. If technical problems prevent fulfillment of your order, your exclusive and sole remedy is either replacement of the order or refund of the price paid, as determined by us. You are responsible for any taxes arising out of any transactions you enter into with us or using the Services.
Certain features or portions of the Services may permit or require a subscription (for an annual or other designated period of time). Any applicable subscription fees will be charged in advance using your designated payment method. At the end of a subscription period, your subscription may be automatically renewed for the same length of time at our then-current pricing, unless you have previously notified us of a desire to cancel or not renew. If you wish to cancel your subscription, you must contact us before your next renewal.
The Services may contain links to websites owned or operated by third parties (including, without limitation, This American Doc and VSee). We do not control or endorse such websites and we are not responsible for their content or the services they provide, nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. We have the right, but not the obligation, to review any Content provided by third parties (including other users of the Services). We do not endorse such third party Content, and any views expressed therein are the views of the applicable author and do not necessarily align with our views. We are not responsible for the accuracy or reliability of any Content provided by third parties and will not be liable for any causes of action (including slander, libel, or invasion of privacy) relating to such third-party Content. We have no control over, and are not responsible for, your interactions (online or in person) with any third parties, including other users of the Services even if introduced via the Services. Specifically, we do not have control over, and are not responsible for, any healthcare services or products you receive from or through such third parties or their sites. You are solely responsible for your interactions with any third parties. If you have any disputes with other users of the Services, we may (at our discretion) attempt to facilitate a resolution, but are under no obligation to do so. Our Services may enable the use of certain integrated third-party features, such as video conferencing. Any such use of third-party features or components will be subject to any applicable terms and conditions published by the applicable third party, and we are not responsible for the functionality of such third-party features or components.
We may (now or in the future) contract with or arrange for services to be available from certain third parties (including third party healthcare professionals and providers) that agree to give discounted rates for certain healthcare services to our members. Discount health care programs are not insurance. If you receive healthcare services from these third parties, you are responsible for paying the full cost (or full discounted cost, if applicable) of the medical treatment.
DISCLAIMER – NO MEDICAL ADVICE OR TREATMENT
WHILE WE MAY FACILITATE CONNECTIONS BETWEEN YOU AND THIRD-PARTY MEDICAL PROFESSIONALS, WE ARE NOT A HEALTHCARE PROVIDER AND WE DO NOT PROVIDE MEDICAL SERVICES, PRODUCTS, ADVICE OR TREATMENT. THE SERVICES SHOULD NOT BE USED AS A REPLACEMENT FOR ANY MEDICAL TREATMENT, HEALTHCARE SERVICES, OR COUNSELING. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN THE SERVICES. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, GO TO THE EMERGENCY DEPARTMENT, OR CALL 911 IMMEDIATELY. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, 4 PHYSICIANS, PROVIDERS, PRODUCTS, SERVICES, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED IN OUR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY HEALTHCARE SERVICES ARE RENDERED OR PROVIDED BY OR THROUGH THIRD PARTIES, INCLUDING THIRD PARTY SITES AND HEALTHCARE PROFESSIONALS, AND ARE NOT RENDERED OR PROVIDED BY US.
OTHER DISCLAIMERS AND LIMIT ON LIABILITY
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICES AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THE CONTENT WILL BE COMPLETE OR ACCURATE. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY ELECTRONIC NETWORK OR LINES, SERVERS, SOFTWARE, OR FAILURE OF TRANSMISSION AS A RESULT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR WITH THE SERVICES, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES OR OTHER THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ANY HEALTHCARE SERVICES RENDERED OR PROVIDED BY THIRD PARTIES). WE DO NOT ENDORSE ANY USERS (EVEN THOSE WE MAY FEATURE OR SPOTLIGHT FROM TIME TO TIME), OR OTHER THIRD-PARTIES LISTED, REFERENCED, OR REGISTERED USING THE SERVICES. WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE US FROM ANY LIABILITY RELATING THERETO. YOU ARE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEMS AND DATA, INCLUDING ANY CONTENT ACQUIRED THROUGH THE SERVICES.
WE MAY PLACE A SUSPENSION, HOLD, OR FREEZE ON USER ACCOUNTS OR PAYMENTS IF WE BELIEVE IT IS REASONABLY NECESSARY IN ORDER TO COMPLY WITH THE LAW OR TO PROTECT OUR SYSTEMS OR INTERESTS OR THOSE OF OUR USERS OR THIRD PARTIES, INCLUDING IN CASES OF SUSPECTED FRAUD OR ILLEGAL ACTIVITY. WE WILL HAVE NO LIABILITY FOR ANY SUCH ACTIONS.
SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, 5 DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE OUR SERVICES OR THE SITES, SERVICES, OR PRODUCTS OF ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO ANY HEALTHCARE SERVICES RENDERED OR PROVIDED BY THIRD PARTIES), UNDER ANY LEGAL THEORY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE TO YOU FOR AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF $100 USD OR THE AMOUNTS PAID BY YOU TO US IN THE PAST THREE MONTHS. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE SERVICES IS TO DISCONTINUE YOUR USE THEREOF.
BY USING THE SERVICES, YOU AGREE, ON BEHALF OF YOURSELF, YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, TO THE FULLEST EXTENT PERMITTED BY LAW, TO RELEASE, INDEMNIFY, DEFEND, AND HOLD US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS, DAMAGES, LOSSES, ACTIONS, DEMANDS, LIABILITIES, AND SETTLEMENTS ARISING OUT OF YOUR BREACH OF THESE TERMS, YOUR USE OF THE SERVICES, YOUR CONTENT, YOUR USE OF ANY THIRD PARTY SITES, SERVICES, OR PRODUCTS (INCLUDING BUT NOT LIMITED TO ANY TELEHEALTH OR OTHER HEALTHCARE SERVICES RENDERED OR PROVIDED BY THIRD PARTY SITES OR HEALTHCARE PROFESSIONALS) OR ANY ACTION TAKEN BY US AS PART OR RESULT OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS FOR ANY OF THE FOREGOING. CALIFORNIA RESIDENTS HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Termination And Suspension Of Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services(or any part thereof) without notice. We may terminate or suspend your account at any time, for any reason, without liability to you. Your right to use the Services will automatically terminate if you breach these Terms. You may stop using the Services at any time; to delete your account please contact us as set forth at the end of these Terms. Termination will not relieve either party from any obligations incurred or arising prior to such termination, and those sections of these Terms which are by their nature intended to survive termination (including, without limitation, the disclaimers, limitation of liability, indemnity, and general clauses) shall so survive. You will remain liable for all amounts due up to and including the date of termination.
Governing Law and Dispute Resolution
Except to the extent expressly provided in the following paragraph, these Terms and the relationship between you and us, and all transactions and use of the Services shall be governed by the laws of the State of New Mexico, excluding its conflicts of law provisions. You and we each agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Lea, New Mexico, to resolve any dispute or claim arising from these Terms. The United Nations Convention on the International Sale of Goods is specifically excluded by the parties.
THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN CLASS-ACTION PROCEEDINGS.
We will not be responsible or liable for any delays or failures to perform due to causes beyond our reasonable control, which may include natural disasters, terrorist attacks, criminal activity, failure of internet or communications networks, health emergencies including pandemics or similar serious outbreaks of disease, or other force majeure events.
You may not assign these Terms or these rights and obligations without our prior written consent; any purported assignment in violation of these Terms will be null and void. If any provision of these Terms is determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms shall not be affected thereby and shall remain in force and effect.
These Terms constitute the entire agreement between you and us and supersedes any prior, contemporaneous, or unwritten agreements with respect to the same subject matter between you and us. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Our failure to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision. No employee or agent of ours has the authority to modify these Terms.
We may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. We may also contact you by email or push notification to send you additional information about the Services.
If you have any questions, please contact us as follows: