TERMS AND CONDITIONS OF USE
1. ACCEPTANCE OF TERMS
2. INTELLECTUAL PROPERTY RIGHTS
The Virtua eVisits System consists of a downloadable program that will allow you to use your computer or mobile device to videoconference with a Virtua health care provider who is located at a distant site. Your computer or mobile device must meet the requirements necessary to operate the Virtua eVisits System, and you may be required to download an application either from your mobile device or through your computer in order to operate the program to use Virtua eVisits System.
Except where otherwise noted, all material, content, data and any other information of the Virtua eVisits System, including all software, interfaces, design, organization and all database rights therein, are owned by Virtua or by entities or individuals other than Virtua and are legally protected under intellectual property laws (“Content”). The product names and trademarks used on the Virtua eVisits System are the registered and/or unregistered marks of Virtua or its licensors ("Trademarks"). Except as expressly authorized in the Acceptable Use section below, you may not copy or use any Content or Trademarks in any way.
3. COPYRIGHT COMPLAINTS
We respect the rights of the intellectual property of others, and we ask users of our Virtua eVisits System to do the same. We may, in appropriate circumstances and in our discretion, take steps to disable and/or terminate access to the Virtua eVisits System by individuals or entities whom we believe have infringed intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at email@example.com.
4. CREATION OF ACCOUNT
When you create a Virtua eVisits System account with us, you represent that you are age 18 or older, and that the information that you provide us is accurate, complete and current at all times. Any information that is inaccurate, incomplete or out of date may result in immediate termination or suspension of your account or any appointments. You are responsible for maintaining the confidentiality of your account information and password, including but not limited to the restriction of access to your computer and to your account. You agree to accept responsibility for all activities or actions that occur under your account or password, whether your password is with our service or a third party service provider. You must notify us immediately in the event that you become aware of a breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, remove or edit Content or cancel orders in our sole discretion.
5. PATIENT-SPECIFIC TERMS AND CONDITIONS
a. CONSENT TO TREATMENT THROUGH VIRTUA eVISIT SYSTEM
If you are a patient, by accessing or using the Virtua eVisits System you agree to receive outpatient health care through telehealth services by Virtua using the Virtua eVisits System. You may decline to be treated through the Virtua eVisits System at any time, in which case you will need to travel to see a licensed health care professional at a physical location. You understand and agree that you might not see the same health care practitioner that you saw on any previous visit, and that you may be asked to return to a physical location for an in-person follow up at any time. We reserve the right to refuse or cancel your Virtua eVisits System appointment at any time for reasons including but not limited to unavailability of a health care practitioner to see you, scheduling errors in the description of the type of appointment that you have made, scheduling changes, compliance with laws and other reasons. If you wish to reschedule your appointment or to change it to an in-office visit, please contact Virtua at 1-888-Virtua-3 (1-888-847-8823).
If you are a patient, by accessing or using the Virtua eVisits System you acknowledge and agree that the health care provider who will be treating you will be located in the State of New Jersey and you expressly represent and warrant that you will also be in the State of New Jersey at the time of the appointment. If you are a patient and not in the State of New Jersey at the time of your appointment on the Virtua eVisits System, you cannot be treated and will have to reschedule your appointment.
6. CUSTOMER SPECIFIC TERMS AND CONDITIONS
If you are a customer and accessing the Virtua eVisits System to purchase a Virtua product or service, you agree to the use of the Video eVisits System to access and/or use the product or services that you have purchased or are purchasing. We reserve the right to refuse or cancel your Virtua eVisits System appointment at any time for reasons including but not limited to availability of product or services, errors in the description of the product or service, scheduling changes, compliance with laws and other reasons. For prepaid visits, if your payment is not received at the time of your Virtua eVisits System appointment, your appointment may be cancelled and you may be required to reschedule it at another time.
7. ACCEPTABLE USE OF VIRTUA EVISITS SYSTEM
We grant you a personal, revocable, nonexclusive, nontransferable and limited license and right solely in connection with your direct personal, non-commercial use to access and use our Content and our Virtua eVisits System. You represent, warrant and agree that you will use the Content and Virtua eVisits System only for its intended purpose and will not use any of our Content or Virtua eVisits System for any purpose or in any manner that is prohibited by these Terms or by applicable law. Without limitation, you may not do the following:
• if you are a patient, use Virtua eVisits System from any location other than the State of New Jersey;
• misuse the Virtua eVisits System or use it for a purpose other than your scheduled appointment;
• log on repeatedly at times when you do not have an appointment scheduled;
• use your Virtua eVisits System appointment for someone other than the person for whom the appointment has been made;
• transmit to or from Virtua eVisits System any unlawful, defamatory, obscene or other information or material that would violate any applicable law or violate or infringe upon the rights of any other person; or
• disrupt, interfere or otherwise attempt to interfere with the proper functioning or use of the Virtua eVisits System or Virtua’s operations.
9. DISCLAIMER OF WARRANTIES
THE VIRTUA EVISITS SYSTEM IS PROVIDED ON AN 'AS IS' AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VIRTUA AND ITS AFFILIATES AND ALL OF THEIR RESPECTIVE LICENSORS, SUPPLIERS, SHAREHOLDERS, PARTNERS, PROPRIETORS, OFFICERS, DIRECTORS, TRUSTEES, EMPLOYEES, REPRESENTATIVES, AGENTS, PREDECESSORS, SUCCESSORS AND/OR ASSIGNS (COLLECTIVELY THE "THE VIRTUA PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VIRTUA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN VIRTUA EVISITS SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT IT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE TO VIRUSES OR OTHER HARMFUL COMPONENTS. THE VIRTUA PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR MATERIALS IN THE VIRTUA EVISITS SYSTEM OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT VIRTUA) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE ON THE PART OF THE VIRTUA PARTIES, SHALL THE VIRTUA PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, VIRTUA EVISITS SYSTEM OR THIS AGREEMENT. Virtua's liability for actual direct damages will be limited to the maximum amount of One Thousand Dollars ($1,000). You specifically acknowledge and agree that Virtua is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any of the Virtua eVisits System, Content, other material or with any of these Terms, your sole and exclusive remedy is to discontinue using the Site.
You agree to defend, indemnify, and hold the Virtua Parties harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.
We reserve the right in our sole discretion to terminate, suspend or restrict your access to and use of the Virtua eVisits System, or any part of the Virtua eVisits System, without notice and for any and all reasons, and without any liability whatsoever to you or any third party. You may terminate your acceptance of your agreement with us by discontinuing any further use of our Virtua eVisits System. Upon any termination of these Terms by either you or us, you must promptly destroy all materials downloaded relating to the Virtua eVisits System, as well as any copies of such materials, whether made under the terms of these Terms or otherwise.
Virtua is based in Marlton, New Jersey, in the United States of America. Virtua makes no claims that the Virtua eVisits System is appropriate or may be downloaded outside of the United States. Access to the Content or the Virtua eVisits System may not be legal by certain persons or in certain countries. If you access the Virtua eVisits System from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Entire Agreement.
14. GOVERNING LAW
You expressly agree that exclusive jurisdiction for any dispute with Virtua, or in any way relating to your use of the Virtua eVisits System, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving Virtua or the Virtua Parties.
These Terms are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to the Virtua eVisits System or these Terms must be commenced within one (1) year after the claim or cause of action arose.
15. ENTIRE AGREEMENT
16. CONTACT INFORMATION
If you have any problems accessing this site, please e-mail firstname.lastname@example.org.
Virtua eVisits Contact Information
All other questions or comments regarding this website should be directed by electronic mail to email@example.com or via U.S. mail to Virtua at 303 Lippincott Avenue, Marlton, NJ 08053.
Thank you for your cooperation. We hope you find Virtua eVisits System helpful and convenient to use.