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TERMS AND CONDITIONS AND CONSENT TO USE

Terms of Use

FreedomMed, LLC (“FreedomMed”) is a healthcare provider specializing in virtual primary care services. These terms of use (“Terms”) govern your use of our website, mobile app and any related online and offline services provided in connection with our Virtual Primary Care services (as used herein, the “Services”). These Terms do not apply to other FREEDOMMED websites or services.

NOTE TO PATIENTS: NOTWITHSTANDING THE TERMS PROVIDED BELOW, OUR HEALTHCARE NOTICES AND TERMS WITH PATIENTS MAY AT TIMES IMPOSE MORE RESTRICTIVE TERMS AND CONDITIONS AS REQUIRED BY APPLICABLE FEDERAL AND STATE HEALTHCARE-SPECIFIC LAWS, SUCH AS THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”). THOSE MORE RESTRICTIVE OBLIGATIONS WILL SUPERSEDE THESE TERMS IN THE EVENT OF ANY CONFLICT.

THE SERVICES SHOULD NOT BE USED FOR MEDICAL EMERGENCIES. IN CASE OF EMERGENCY, DIAL 911. You agree and understand that we are not an insurance provider.

FREEDOMMED requires that all users of our Services adhere to these Terms, including with respect to any electronic content, functionality, features and applications in our Services (collectively, “Materials”). By accessing the Services (e.g., website or app) you: (i) represent that you are of legal age to form a binding contract with us and meet all of the eligibility requirements herein; and (ii) indicate that you have read, understood and agree to these Terms.

If you do not agree with these Terms, please do not use or access the Services for any purpose. Please print a copy of these Terms for your records.

Your right to access or use the Services can be terminated if you violate these Terms. We may also, in our sole discretion, terminate your access to the Services or any portion thereof for any reason whatsoever without prior notice. We shall not be liable to you or any third party for such termination or discontinuance. You may terminate these Terms by ceasing to access and use the Services. To the extent permitted by law, the limitations on liability, disclaimers, termination and your warranties and indemnities survive any termination of these Terms. We reserve the right to revise these Terms, and any rights not expressly granted herein are reserved. Please check back periodically to review any changes to our Terms. Please see Sections 9-11 below regarding your legal rights in any dispute involving our Services.

1. Your Responsibilities

You are responsible for any activity that occurs through your user account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of individuals who are authorized to an create an account on behalf of another person (e.g., a family member), we prohibit the creation of and you agree that you will not create an account for anyone other than yourself. All information you provide or provided to us upon registration and at all other times must be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your password or other credentials for the Services secret and secure. You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that we are not responsible or liable for the conduct of any user.

2. User Conduct and Restrictions

You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Services to human readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Materials , or retrieve or record information about the Services or its users; (d) merge the Services or Materials with another program or create derivative works based on the Services or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others; (g) use, or allow the use of, the Services or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Services. Except as expressly provided herein, we and our third party licensors reserve all rights with respect to the Services, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations; (i) post violent, defamatory, indecent, sexually explicit (except where permitted for our Services), discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; or (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation. You may not access or use the Services by means of any automated program, expert system, electronic agent or “bot,” and shall not give any other person or entity unauthorized access to the Services. You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Services if you do so for commercial purposes.

3. User Content

You hereby grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use and display the information and materials that you provide to us through the Services as reasonably necessary to provide the Services to you, subject to our Privacy Policy.

You agree that we are free to use any feedback, ideas or suggestions (“Feedback”) that you provide to us with respect to the Services for any purposes whatsoever without any restriction, including developing and marketing new products, services and features without any liability or payment of any kind to you. You waive all intellectual property rights in any such Feedback.

4. Privacy

Personal information collected by us in connection with the Services will be maintained in accordance with our posted Privacy Policy, unless and to the extent the Services are provided under other superseding terms or restrictions.

5. Reporting Infringement And Other Violations

We respect the intellectual property rights of others, and we prohibit users of our Services from (i) submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights, or (ii) engaging in any activities that violate these Terms. Please report any such issues to us via the contact information provided at the end of these Terms.

6. Our Intellectual Property Rights

We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services for lawful purposes in accordance with our Terms and Privacy Policy, and any other governing terms you have with us. The Services contain Materials owned by (or licensed to) us, including name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the Services. Except as provided herein or with our express prior written permission, none of the information and Materials provided by the Services may be copied, displayed, distributed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes. Trademarks and service marks that may be referred to in the Services are the property of FREEDOMMED or their respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission.

7. Links to other sites

The Services may contain links to third party sites. Access to any other website or service referenced in the Services is at the user’s own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on other sites. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement, recommendation or approval. The content, accuracy, opinions expressed and other links provided by linked sites are not investigated, verified, monitored or endorsed by us. If you decide to visit, or transact business at any linked site, you do so at your own risk and it is your responsibility to take all protective measures. The third party sites are not controlled by us, and may have different terms of use and privacy policies, which we encourage you to review.

8. Linking to our Services

You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice in our sole discretion.

9. Disclaimer of Warranties; Limitation of Liability

EXCEPT AS OTHERWISE MANDATED BY APPLICABLE HEALTHCARE LAWS SUCH AS HIPAA, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) YOUR USE OF THE SERVICES AND MATERIALS IS AT YOUR OWN RISK; (B) THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (C) WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES; (D) UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE SERVICES OR ANY PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES, WEBSITE OR APP OR THE PROVISION OR FAILURE TO MAKE AVAILABLE ANY SUCH SERVICES, GOODS OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (E) IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU AGREE THAT THE LIMITATIONS OF LIABILITIES SET OUT IN THESE TERMS ARE FAIR AND REASONABLE UNDER THE CIRCUMSTANCES.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, 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.”

We may update our Services and Materials from time to time, but they will not necessarily be complete or up-to-date. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable except as required by applicable healthcare laws, or without a valid court order or similar legal process.

The provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence, and we reserve all rights, defenses and permissible limitations under the law of your state of residence. For New Jersey Residents: Notwithstanding any term herein, these Terms do not limit your rights or our obligations under any applicable statute or law, including types and amounts of recovery; nor do they excuse us from any duty to avoid causing harm by means of gross negligence, recklessness, or intentional misconduct; nor do they disclaim our duty of care to our invitees; nor do they require you to defend and indemnify us in the event that any loss is caused by our negligence.

We make no representation that the Services are appropriate or available for use in all jurisdictions. Access to any of the Services from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Services from such jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.

10. Indemnification

You agree to indemnify us and hold us harmless from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms. You also agree to indemnify us and hold us harmless from and against any and all claims brought by third parties arising out of your use of the Services and the content you submit to the Services by any means, including without limitation through a posting, a link, reference to other content, or otherwise.

11. Governing Law; Arbitration and Class Action Waiver

THE LAWS OF THE STATE OF OKLAHOMA WILL GOVERN THESE TERMS AND ANY DISPUTE RELATING TO THE SERVICES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF OKLAHOMA IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.

Excluding claims for injunctive or other equitable relief as provided below, all claims related to the Services, any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of the Terms, shall be resolved by final and binding arbitration before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ (IS THAT ONLY IN NEBRASKA?) No, JAMS is a nationwide medition/ arbitration service.

Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes.

We strive to offer a fundamentally-fair arbitration hearing process. For small claims (i.e., up to $10,000), in addition to your right to bring small claims court actions as noted below, we believe this can often be satisfied when hearings are conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However, the arbitrator shall have discretionary authority to require a face-to-face meeting, if it determines that such face to face meeting is necessary for a fundamentally fair hearing. Notwithstanding our right to modify these Terms, we agree that any material modification to the dispute and/or arbitration requirements in this Section 11 shall not apply to claims arising prior to the date of such modification and any such changes shall not affect your prior election to opt out of arbitration as provided below. In connection with these arbitration provisions, the parties agree as follows:

• 1. This arbitration agreement is reciprocally binding on all parties such that both you and we are required to arbitrate claims except as otherwise expressly provided herein;
• 2. Remedies that would otherwise be available to the parties under applicable federal, state or local laws, including the recovery of attorney’s fees, remain available under this arbitration clause;
• 3. The arbitrator must be neutral and the parties will each have a reasonable opportunity to participate in the process of choosing the arbitrator;
• 4. You have a right to an in-person hearing in your hometown area within the United States;
• 5. You have the right to the use of counsel of your choosing at your own expense if you so elect, and to recover attorneys’ fees and expenses of arbitration to the extent provided by law;
• 6. The parties are permitted the discovery or exchange of non-privileged information relevant to the dispute in accordance with JAMS procedures;
• 7. The arbitrator's award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based; and
• 8. If you initiate the arbitration, to the extent the filing fee for the arbitration exceeds $250, we will pay the additional cost. A request for payment of any such fees should be submitted to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. All other costs of the arbitration will be borne by us including any remaining JAMS Case Management Fee and all professional fees for the arbitrator's services. You will be responsible for your own attorney fees and expenses unless the arbitration rules or applicable law permit you to recover your attorney’s fees. We will not require a California resident to reimburse our fees and costs if such individual does not prevail. If we are the claiming party initiating an arbitration against you, we will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law). You my want to delete or change from Califirnia.

The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction as provided herein, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.

12. Assignment

These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights or obligations hereunder without your consent.

13. Entire Agreement; Severability

These Terms, together with our posted Privacy Policy which is incorporated herein by reference, and any other express written terms provided to you in connection with these Services (e.g., consents for treatment, authorizations, and notices regarding our healthcare services or HIPAA) shall constitute the complete and exclusive statement of the agreement between you and FREEDOMMED and supersedes all other communications relating to the subject matter of these Terms.

If any provision of these Terms is found unenforceable, it shall not affect the validity of the remainder of these Terms, which shall remain valid and enforceable according to its terms, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FREEDOMMED as a result of these Terms or your use of the Services.

14. Contact Information

If you have any questions, concerns or comments about these Terms or our Services, please contact us at:
FreedomMed LLC
7275 Starlight Ln
Boones Mill
VA
24065
or via email at info@freedommed.org.

This Privacy Policy was last updated June 01, 2022.

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