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TERMS AND CONDITIONS OF USE
Virtua Health, Inc. Telehealth Terms and Conditions of Use
Virtua Digital Services Privacy Statement
Virtua Joint Notice of Privacy Practices for Patients
Virtua Medical Group Patient Consent
Virtua Health Information Exchange Brochure
Virtua Health, Inc. Telehealth Terms and Conditions of Use
Virtua Digital Services Privacy Statement
Last Updated: March 2021
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WITH RESPECT TO VIRTUA HEALTH, INC., AND ITS AFFILIATES (“VIRTUA” OR “US”) AND, TOGETHER WITH OUR VIRTUA DIGITAL SERVICES PRIVACY STATEMENT (“VIRTUA DIGITAL SERVICES PRIVACY STATEMENT”) FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE Virtua Telehealth System (“Virtua Telehealth System”). IF YOU ARE A PATIENT, YOUR PROTECTED HEALTH INFORMATION WILL BE USED AND DISCLOSED IN ACCORDANCE WITH VIRTUA'S JOINT NOTICE OF PRIVACY PRACTICES. THIS INCLUDES SHARING YOUR ELECTRONIC PROTECTED HEALTH INFORMATION THROUGH HEALTH INFORMATION EXCHANGES (“HIEs”), UNLESS YOU OPT-OUT. IF YOU ARE A PATIENT, BY ACCESSING OR USING THE VIRTUA TELEHEALTH SYSTEM, YOU FURTHER ACKNOWLEDGE YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF VIRTUA MEDICAL GROUP’S PATIENT CONSENT.
1. ACCEPTANCE OF TERMS
These Terms and Conditions of Use, which include our Virtua Digital Services Privacy Statement, (collectively, the “Terms”) state the terms and conditions under which you may use the Virtua Telehealth System. By accessing and/or using Virtua Telehealth System you acknowledge that you have read, understood and agree to be legally bound by these Terms. If you do not accept these Terms (and therefore do not agree to by bound by these Terms), do not use the Virtua Telehealth System. We reserve the right to amend these Terms at any time by posting the amended terms on the Virtua website. You should therefore check this page and our Virtua Digital Services Privacy Statement page regularly. Your use of the Virtua Telehealth System following any such change constitutes your agreement to follow and be bound by the Terms as changed. Funding for this web site (www.virtua.org) is provided by Virtua, a non-profit 501(c) organization.
2. INTELLECTUAL PROPERTY RIGHTS
The Virtua Telehealth System consists of an application or a series of applications 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 engage with the Virtua Telehealth System, and you may be required to download one or more applications either from your mobile device or through your computer in order to use the Virtua Telehealth System.
Except where otherwise noted, all material, content, data and any other information of the Virtua Telehealth 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 in the Virtua Telehealth 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 Telehealth 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. REGISTER WITH VIRTUA TELEHEALTH SYSTEM
When you register to use the Virtua Telehealth System, 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 use of the Virtua Telehealth System or any telehealth appointments you have scheduled. You are responsible for maintaining the confidentiality of the information you have entered, 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 TELEHEALTH SYSTEM
If you are a patient, by accessing or using the Virtua Telehealth System you: (1) agree to receive outpatient health care through telehealth services by Virtua using the Virtua Telehealth System; and (2) acknowledge that you have received, understand, and agree to the terms of Virtua Medical Group's Patient Consent. You may decline to be treated through the Virtua Telehealth 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 Telehealth 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 888-847-8823. A telehealth visit is not appropriate for a medical emergency and you should call 9-1-1 or go to a hospital in the event of a medical emergency.
b. USE IN NEW JERSEY ONLY
If you are a patient, by accessing or using the Virtua Telehealth 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 Telehealth 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 Telehealth System to purchase a Virtua product or service, you agree to the use of the Virtua Telehealth 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 Telehealth 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 Telehealth System appointment, your appointment may be cancelled and you may be required to reschedule it at another time.
7. ACCEPTABLE USE OF VIRTUA TELEHEALTH SYSTEM
Virtua grants 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 Telehealth System. You represent, warrant and agree that you will use the Content and Virtua Telehealth System only for its intended purpose and will not use any of our Content or Virtua Telehealth 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:
In the event that you violate the terms of this provision or these Terms or the Virtua Digital Services Privacy Statement, Virtua in its sole discretion, and in addition to any other rights it may have in law or equity, may disable your account and immediately without notice terminate your use of the Virtua Telehealth System.
Your privacy is important to us. Our use of your information is governed by our Virtua Digital Services Privacy Statement, Please read it carefully since it is describes how we collect and use information we obtain from you. If you are a patient, your protected health information will be used in accordance with the Virtua Joint Notice of Privacy Practice. Unless you choose to opt-out, Virtua may share your electronic protected health information through HIEs with your other providers as described in the Virtua Health Information Exchange Brochure.
9. DISCLAIMER OF WARRANTIES
THE VIRTUA TELEHEALTH 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 TELEHEALTH SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT IT OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM 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 TELEHEALTH 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 TELEHEALTH 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 Telehealth 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 Telehealth System, or any part of the Virtua Telehealth 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 Telehealth System. Upon any termination of these Terms by either you or us, you must promptly destroy all materials downloaded relating to the Virtua Telehealth System, as well as any copies of such materials, whether made under the terms of these Terms or otherwise (if any).
Virtua is based in Marlton, New Jersey, in the United States of America. Virtua makes no claims that the Virtua Telehealth System is appropriate or may be used outside of the United States. Access to the Content or the Virtua Telehealth System may not be legal by certain persons or in certain countries. If you access the Virtua Telehealth 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
These Terms are governed by the 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 Telehealth System or these Terms must be commenced within one (1) year after the claim or cause of action arose.
You expressly agree that exclusive jurisdiction for any dispute with Virtua, or in any way relating to your use of the Virtua Telehealth 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.
15. ENTIRE AGREEMENT
These Terms, together with our Virtua Digital Services Privacy Statement which is incorporated by reference constitute the entire agreement between you and Virtua and your use of Virtua Telehealth System, and supersede any prior understanding or agreements (written or oral).
16. CONTACT INFORMATION
If you have any problems accessing this site, please e-mail firstname.lastname@example.org.
Virtua Telehealth 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 Telehealth System helpful and convenient to use.