MEDSPRING OF TEXAS, P.A.
Patient Telemedicine Consent, Notices, & Acknowledgement Form (Illinois Services)
BY CLICKING “I ACCEPT,” YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS CONSENT, NOTICE & ACKNOWLEDGEMENT. IF YOU DO NOT CLICK I ACCEPT, YOU WILL NOT BE ABLE TO USE OR RECEIVE THE TELEMEDICINE SERVICES MADE AVAILABLE BY MEDSPRING. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I ACCEPT” BUTTON ON YOUR BEHALF.
In the case of telemedicine services being requested on behalf of a Minor, I do hereby state that I have legal custody of the aforementioned Minor and have the legal authority to consent to telemedicine services on behalf of Minor.
BY CLICKING “I ACCEPT,” YOU ACKNOWLEDGE AS LEGAL CUSTODIAN OF MINOR THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS CONSENT, NOTICE & ACKNOWLEDGEMENT IN RELATION TO TELEMEDCINE SERVICES PROVIDED TO MINOR. IF YOU DO NOT CLICK I ACCEPT, MINOR WILL NOT BE ABLE TO USE OR RECEIVE THE TELEMEDICINE SERVICES MADE AVAILABLE BY MEDSPRING. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I ACCEPT” BUTTON ON YOUR BEHALF.
I agree to receive this health care service provided by health care practitioner(s), affiliated with MedSpring of Texas, P.A. (Practice) whom I selected. As a telemedicine service, I understand that the health care practitioner(s), providing the identified services to me and utilizing the MedSpring telemedicine platform, the Service, through the website located at medspring.com (Site), is(are) located in location(s) remote from my location. Capitalized terms used but not defined have the meaning set forth in the MedSpring Terms of Service.
The scope of care will be at the sole discretion of the health care practitioner(s) treating you, with no guarantee of diagnosis, treatment, or prescription. The health care practitioner(s) will determine whether or not the condition being diagnosed and/or treated is appropriate for a telemedicine encounter via the Site.
I also agree and authorize my health care practitioner(s) to release information regarding the telemedicine visit to MedSpring consistent with the Terms of Service set forth on the Site.
A telemedicine service means that my health care services are provided, as applicable (A) by practitioner(s) at a distant location using interactive video and/or audio conferencing in real time or (B) with the aid of exchanged digital images of my condition, by an asynchronous remote evaluation and consultation.
I also understand that:
- I have the right to withdraw my consent to the use of telemedicine in the course of my care at any time.
- I may have to travel to see a health care practitioner in–person for certain diagnosis and treatment matters.
- The same confidentiality and privacy protections that apply to my other health care services also apply to these telemedicine services.
- I have access to all of my health and wellness information pertaining to the telemedicine services in accordance with applicable laws and regulations.
- I may need to see an appropriately trained health care professional in-person immediately after the telemedicine service if an urgent need arises.
- My health care information may be shared with other individuals for treatment, payment and health care operations purposes.
- Any video feed from the telemedicine encounter will not be retained or recorded by Practice or MedSpring.
- There are alternatives to telemedicine, such as visiting an emergency room, a primary care provider or an urgent care facility; however, I chose to proceed with a telemedicine visit at this time.
NOTICE OF PRIVACY PRACTICES AND RELEASE OF MEDICAL INFORMATION
I understand that the laws that protect privacy and the confidentiality of medical information also apply to telemedicine, and that no information obtained in the course of telemedicine which identifies me will be disclosed to non-covered entities without my written consent. I acknowledge and understand that (i) this is a copy of the Practice “Notice of Privacy Practices”; (ii) this Notice of Privacy Practices is intended to provide information about how Practice and its Providers and contractors may use and/or disclose protected health information about me; (iii) details on Practice’s Privacy Practices can be obtained by contacting the MedSpring Privacy Officer at 888-980-0303, through the information in this Notice, and with respect to additional information placed on the Site; (iv) Practice may release information obtained as a result of the Services to my other health care providers, my health care insurer or other payer, or as otherwise provided in this Practice Notice of Privacy Practices; (v) Practice cannot be responsible for use or re-disclosure of information by third parties; (vi) that my personal medical information obtained through my telemedicine visit may be communicated to other medical practitioners who may be located in other areas, including out of state; and (vii) that my healthcare information may be shared with other individuals for scheduling, billing, treatment or operational purposes, including sharing my information with MedSpring.
FINANCIAL RESPONSIBILITY AND ASSIGNMENT OF BENEFITS
I understand that there is a flat fee associated with the telemedicine visits provided by Practice through MedSpring, and that this fee must be paid prior to being seen each time I receive telemedicine services from Practice. I understand that Practice is unable to file a claim with my insurance company for any telemedicine services provided, but that I may attempt to be reimbursed by my insurance company directly by submitting a receipt for my telemedicine visit, though reimbursement in part or in full by insurance is not guaranteed.
I acknowledge and understand that by signing up for telemedicine (i) I authorize MedSpring and Practice to use my email address for health-related messaging purposes and for certain limited marketing purposes; (ii) such marketing and messaging uses shall be limited to communications between and among MedSpring, Practice, and myself; (iii) MedSpring and Practice value patient privacy and do not sell email addresses or use them for purposes other than those outlined herein; (iv) I can revoke this authorization and opt-out of such marketing and messaging uses at any time after receiving my initial email from MedSpring; (v) I am consenting to allow MedSpring, Practice or either of their contracted agencies to use the phone number I provided to communicate with me in the case of any outstanding balances on my account(s); and (vi) neither MedSpring nor Practice has conditioned my treatment on the provision of these authorizations. The information provided is correct to the best of my knowledge. I will not hold MedSpring, Practice or its health providers, or either of their employees responsible for any errors or omissions that I may have made in completing this form.
Additionally, I certify that throughout the duration of my telemedicine visit I will be physically present in the state of Illinois.
I have read this document carefully, and all my questions were answered to my satisfaction. I hereby consent to participate in the telemedicine visit with my selected health care practitioner(s) using the Site pursuant to the terms, conditions, standards, and requirements referenced at the Site.
MedSpring Telemedicine Terms of Service
BY CLICKING “I ACCEPT,” YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT CLICK I ACCEPT, YOU WILL NOT BE ABLE TO USE OR RECEIVE THE TELEMEDICINE SERVICES MADE AVAILABLE BY MEDSPRING. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I ACCEPT” BUTTON ON YOUR BEHALF.
MedSpring through both its interactive mobile application, VSee (the “App”) and its website, located at http://medspring.com/ (collectively, the “Site,” and, with the App and the content provided on the App and Site, the “Service”) is owned and operated by CRG Operating Company, LLC (d/b/a MedSpring) (and collectively with its subsidiaries, affiliates, successors, and assigns, “MedSpring”, “we,” or “us”). Please read these terms and conditions (“Terms of Service”) carefully because they set forth the important terms you will need to know about the Service. In these Terms of Service, the terms “you” and “yours” refer to the person using the Service. The Service is intended for access and use only by individuals registered with the Site or App and accepting these Terms of Service while located in the U.S. Certain functions of the Service and connectivity to Providers through the Service may only be available to individuals within certain States as identified on the Service from time to time.
The Service provides individuals with telecommunications support for using the Service as a means of direct access to physicians and other health care providers (all the “Providers” and each a “Provider”) associated with MedSpring of Texas, P.A. (the “Practice”) for communication, education, consultations, diagnostic assessments, and treatment by such Providers.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
Your access to and use of the Service is subject to these Terms of Service as well as all applicable laws and regulations. If you do not accept and agree to be bound by any of these Terms of Service, you are not authorized to access or otherwise use the Service or any information or Content provided through the Service, as defined in these Terms of Service. The Service is continually under development, and MedSpring reserves the right to revise or remove any part of these Terms of Service in its sole discretion at any time and without prior notice to you. Any changes to these Terms of Service are effective upon posting to the Site. Unless otherwise indicated, any new Content added to the Service is also subject to these Terms of Service upon posting to the Site or App. If you disagree with these Terms of Service, your sole remedy is to discontinue your use of the Service. Your continued use after a change has been posted constitutes your acceptance of the changes.
THIS SERVICE ENABLES COORDINATION WITH THE PRACTICE AND ITS PROVIDERS FOR DIRECT COMMUNICATION FOR APPROPRIATE EVALUATION AND TREATMENT OF HEALTH AND WELLNESS MATTERS. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY HEALTH OR WELLNESS PRACTITIONER OR SERVICE, AND MEDSPRING, ITSELF, DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE, CARE, DIAGNOSIS, OR TREATMENT.
Acceptance of Use and Terms of Service
The Services provided vary by condition and by state of residence of the individual. The activities of Providers using our Services may be subject to state regulations and may change from time to time due to changes in such regulatory requirements.
Your Relationship with MedSpring
MedSpring provides a platform for you to consult with Practice and its Providers for health and wellness services, which you may or may not choose to utilize. The health and wellness resources made available through our Service are not a substitute for direct in- person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both rests with you and your practitioner, whom you select in your sole discretion. You understand that by coordinating and in certain cases consulting with Practice and its Providers through the Service, you are not entering into a doctor-patient relationship with MedSpring.
By accepting the Terms of Service, you understand that a Provider may send you messages, reports, and emails via the Service regarding the treatment of your condition or in response to your inquiry. It is your responsibility to monitor these messages, reports, and emails. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in these messages.
You may utilize Service to engage with a Provider of Practice to provide advice, a diagnosis, or treatment to you. A Provider engaging with you through the Service may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance. Therefore, a Provider may not be aware of facts or information that would affect his or her opinion of your diagnosis. To reduce the risk to you of this limitation, MedSpring strongly encourages you to discuss the opinion with your Provider. By deciding to engage the Services, you acknowledge and agree that you are aware of this limitation and agree to assume the risk of this limitation. Furthermore, you agree and accept that: (i) the diagnosis you will receive is limited and, in some cases, provisional; (ii) the opinion is not intended, in all cases, to replace a full medical evaluation or an in-person visit with a practitioner; (iii) a Provider acting through the Service may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the Provider’s ability to diagnose your condition, disease or injury.
As with any medical procedure, there are potential risks associated with the use of virtual encounters for advice and treatment. These risks may include, without limitation, the following:
- Delays in medical evaluation and consultation or treatment due to deficiencies or failures of the equipment;
- Failure of security protocols, causing a breach of privacy of personal medical information; and
- Lack of access to complete medical records resulting in adverse drug interactions or allergic reactions or other negative outcomes.
You also agree that the opinion expressed by a Provider using the Service is not that of MedSpring and will not be used in any legal dispute against MedSpring, including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims.
Duty to Provide Information and Access
If you consult with a Provider through the Service, you have a duty to provide appropriate real-time audio and video access (consistent with any technical and quality requirements described on the Site) to enable an appropriate evaluation and connection by the Provider. You also have a duty to provide truthful and accurate responses on any patient forms or information requests your Provider may request through the Service.
Independence of Practice and its Providers
The professionals utilizing or featured on the Service are Providers affiliated with Practice and not employees or independent contractor service providers of MedSpring. Any opinions, advice, or information expressed by a health care facility, professional or specialist using or featured on the Service are of the facility or professional alone. They do not reflect the opinions of MedSpring. MedSpring does not recommend or endorse any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Service or by a licensee of MedSpring.
The inclusion of Providers on the Service or in any professional directory located on the Service does not imply recommendation or endorsement of such Provider nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Provider contained therein.
SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND MEDSPRING DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. MEDSPRING SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY IN RELIANCE ON INFORMATION ABOUT PROVIDERS ON THE SERVICE. YOUR RELIANCE ON ANY INFORMATION PROVIDED VIA THE SERVICE IS SOLELY AT YOUR OWN RISK. THE USE OF THE SERVICE BY ANY ENTITY OR INDIVIDUAL TO VERIFY THE CREDENTIALS OF PROVIDERS IS PROHIBITED.
Registration; User Accounts, Passwords, and Security
Our Service requires users to give us unique identifiers in order to log into many areas of the Service. We utilize these unique identifiers to verify the user’s identity and eligibility, in order to protect our members from the release of sensitive or personally identifiable information to unauthorized users. To help protect the privacy of data you transmit through the Service, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, MedSpring takes steps to protect the user data we collect against unauthorized access. However, you should keep in mind that the Service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control.
You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. MedSpring may investigate any alleged or suspected violations and if a criminal violation is suspected, MedSpring will cooperate with law enforcement agencies in their investigations.
As part of the Services, MedSpring facilitates your payment of certain fees to Providers from time to time through the Service, however, the only accepted form of payment on the Service is by certain major credit cards. When you pay by credit card, you hereby authorize MedSpring to bill and charge the credit card indicated in your order for any fees and any other amounts provided for in your order as the same become due and payable. In the event that your credit card expires or MedSpring is otherwise unable to debit the applicable amounts from your credit card, MedSpring shall provide notice to you, whereupon you shall immediately furnish MedSpring with a valid credit card for payment. Your request for services through the Service will not be fulfilled until full payment has been received and/or verified.
Limited License and Site Access; All Rights Reserved
The Service contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, “Content”). We grant you a limited license to access and make personal use of the Service, but not to download (other than for page caching) or modify it, or any portion of it, except with our express written consent. This license does not include: any resale or commercial use of the Service or the Content; any derivative use of the Service or the Content; or any use of data mining, robots, or similar data gathering and extraction tools.
Neither this Service nor any portion of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of MedSpring without our express written consent. You may not use any meta-tags or any other “hidden text” containing our trademarks or service marks without our express written consent.
We (or the respective third-party owners of Content) retain all right, title, and interest in the Service and any Content and features offered on the Service, including any and all intellectual property rights. We (or the respective third-party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.
Intellectual Property Rights
Except as otherwise expressly stated, all Content appearing on the Service is the copyrighted work of MedSpring or its third-party content providers and is protected by U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Service is also the exclusive property of MedSpring and is protected by U.S. and international copyright laws.
Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Service, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of MedSpring or any applicable third-party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by MedSpring. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. MedSpring does not warrant or represent that your use of Content or any other materials displayed on the Service will not infringe rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Content. MedSpring is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless MedSpring from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Service.
Certain trademarks on the Service are the service marks and trademarks of MedSpring or its licensees. The domain name for the Service, the MedSpring logo and elements of the design of the Service are service marks, trademarks, logos, and/or trade dress of MedSpring. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Service are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Service without the prior written authorization of MedSpring.
Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress or other intellectual property on any other website or networked computer or linking to any page at the Service, must be obtained from MedSpring or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from MedSpring should be submitted via an email to customer.service@MedSpring.com. All design rights, databases and compilation and other intellectual property rights associated with the Service, in each case whether registered or unregistered, and related goodwill, are proprietary to MedSpring.
Notice and Procedure for Making Claims of Intellectual Property Infringement
MedSpring respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and MedSpring asks our users to do the same. MedSpring therefore employs measures to prevent copyright and other intellectual property infringement on the Service. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to the following Designated Agent:
MedSpring VP of Marketing
PO Box 162323, Austin, TX 78716
Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must include substantially the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
Identification of the copyrighted work or other intellectual property that you claim has been infringed, or if multiple copyrighted works or other intellectual property on the Service are covered by the notice, a representative list of such works;
Identification of the material that you claim is infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MedSpring to locate the material;
Information reasonably sufficient to permit MedSpring to contact you, such as your name, address, telephone number and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
- A statement by you that the notification is accurate, and under penalty of perjury, that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.
Do not send any inquiries unrelated to copyright or other intellectual property infringements to the contact listed above.
Ownership of Information Submitted via the Service
Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. MedSpring shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to MedSpring via the Service or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Service, and MedSpring reserves the right to change the access configuration of the Service at any time without prior notice.
Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by MedSpring to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by MedSpring, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any MedSpring representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.
MedSpring reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a user's access and/or account. MedSpring may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Right to Monitor
MedSpring neither actively monitors general use of the Service under normal circumstances, nor exercises editorial control over the content of any third party’s website, email transmission, news group, or other material created or accessible over or through the Service. However, MedSpring does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in sole discretion of MedSpring, may be illegal, may subject MedSpring to liability, may violate these Terms of Service, or are, in the sole discretion of MedSpring, inconsistent with the purpose for the Service provided by MedSpring.
MedSpring does not permit photographic, audio or video recordings of this Service, either by MedSpring or by patients. Such recordings potentially breach the confidentiality rights of patients and infringe upon privacy rights of associates.
No MedSpring Editorial Control of Third-Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Service is provided by third-party content providers, Providers, or other Service users, MedSpring has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by professionals, third-party suppliers or users on the Service are those of such professional, third-party suppliers or users, respectively. MedSpring does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Service or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with MedSpring.
Links to Third-Party Sites
As you view the Site, you may see links to third-party websites. These links are for convenience only. If you use these links, you will leave the Site. Certain of these linked websites may make use of proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from MedSpring. MedSpring is not responsible for the availability or content, products, services or other materials of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by MedSpring of the organizations sponsoring such third-party websites or their products or services. MedSpring shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. MedSpring is not responsible for the privacy practices of any other websites. These Terms of Service do not apply to any other websites.
Your interactions with entities or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.
You agree that MedSpring shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Service, or between users and any third party, you understand and agree that MedSpring is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MedSpring, its officers, employees, agents and successors in interest from claims, demand and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein.
MedSpring may terminate your use of the Service or any of our features or services at any time and for any reason without notice for conduct violating these Terms of Service. MedSpring will terminate a user’s access to the Service and its features and services if, under appropriate circumstances, the user is determined to be a repeat infringer of third- party rights or in breach of these Terms of Service. Upon any such termination, you must destroy all Content obtained from the Service and all copies thereof. The provisions of these Terms of Service concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if your use of the Service is terminated pursuant to these Terms of Service, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold MedSpring harmless from any and all liability that MedSpring may incur therefore.
Content and other information contained on the Service is provided by MedSpring as a convenience. Users relying on Content or other information from the Service do so at their own risk.
THE MEDSPRING SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. MEDSPRING TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. MEDSPRING MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
IN NO EVENT SHALL MEDSPRING BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEDSPRING ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEDSPRING SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
NEITHER MEDSPRING NOR ANY THIRD PARTIES MENTIONED ON THE SERVICE ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless MedSpring, its affiliates, contractors, and its directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from the Service, your use of the Service, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Service.
Any notices to you from MedSpring regarding the Service or these Terms of Service will be made by email, a detailed posting notice on the Service, or regular mail.
When you visit the Service or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Service.
These Terms of Service and other policies MedSpring may post on the Service or that you and MedSpring may execute constitute the entire agreement between MedSpring and you in connection with your use of the Service and supersedes any prior agreements between MedSpring and you regarding use of the Service, including prior versions of these Terms of Service.
Governing Law; Venue; Severability of Provisions
This Service is controlled and operated by MedSpring from our offices within Texas and Illinois, United States of America. Those who choose to access the Service from locations outside the U.S. or in jurisdictions where the Service is not available do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.
By choosing to visit the Service or otherwise provide information to MedSpring, you agree that any dispute over your use of the Service or these Terms of Service will be governed by the laws of the State of Texas, or Illinois, depending on the state you are in, and the United States of America, without regard to any conflicts of law provisions. [You also consent to the adjudication of any disputes arising in connection with our Service in the state and federal courts located in either Texas or Illinois. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.
All parts of these Terms of Service apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Service will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship
Neither these Terms of Service, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.
You agree that any violation, or threatened violation, by you of these Terms of Service constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
You may not assign any of your rights under these Terms of Service, and any such attempt will be null and void. MedSpring may, in its discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Service if some or all of the business of MedSpring is transferred to another entity by way of merger, sale of its assets or otherwise.
If you have any questions or concerns about these Terms of Service, please contact us at customer.service@MedSpring.com or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.
PO Box 162323
Austin, TX 78716
These Terms of Service were last updated on February 8, 2016.