Terms & Conditions:
Consumedico is NOT insurance and, as such, is not designed to replace healthcare insurance.
TERMS AND CONDITIONS
Welcome to the Consumedico, Inc. (“CSM”) Web site (the “Site”). CSM provides online health-related services by arranging for smartphone (video-telephone) medical consultations and secure web-based consultations with a licensed physician, arranging for electronic medical record storage by the physician, providing certain on-line health-related information, arranging for a prescription service by the physician and offering certain other related products, services, which may include health & wellness newsletters, tracking the data from remote monitoring devices of such chronic conditions as diabetes or hypertension (collectively, the “Services”). As used in these Terms and Conditions, references to “CSM” means and includes CSM, its parent, subsidiaries and affiliated entities. As used in these Terms and Conditions “you” or “your” means you, your dependent(s), if any, and any other person accessing your CSM account. These Terms and Conditions apply to your use of the Site and, to the extent referenced, to your registration for, subscription to, and use of CSM Services. CSM SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE BY CSM. HOWEVER, SERVICES INCLUDE CSM FACILITATING BY A USER, OR MEMBER, TO ACCESS LICENSED PHYSICIANS THAT AGREE TO CONSULT WITH PATIENTS. ACCCESS TO THESE HEALTHCARE PROVIDERS IS THROUGH PARTNERS OF CSM, THAT PROVIDE COMMNICATIONS ACCESS TO PHYSICIANS, LICENSED IN THE STATE WHERE YOU, THE USER, ARE PHYSICALLY LOCATED, AT THE TIME OF THE CONSULTATION. CSM ARRANGES FOR, AND FACILITATES, THE PROVISION OF MEDICAL CARE; HOWEVER, CSM DOES NOT PROVIDE MEDICAL CARE.
A. Intellectual Property
CSM hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing or downloading a single copy of the material on the Site and to use the CSM software to the extent necessary to use CSM Services solely for your personal use. With the exception of your Electronic Medical Records, CSM retains any and all right, title and interest in, the Services and any Information, products, documentation, software or other materials on the Site. CSM retains any and all right, title and interest in, any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the Site licensed by CSM, and in that case, the license provider retains all right, title and interest therein. By accepting these terms and conditions, You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate such information to anyone. Use, reproduction, copying, or redistribution of CSM’s intellectual property including but not limited to trademarks, service marks and logos is strictly prohibited without the prior written permission of CSM. The immediately foregoing also applies to any third party trademarks, service marks and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Site without the written grant thereof by CSM or the third party owner of such trademarks, service marks and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.
B. Notices and How to Contact Us
CSM may provide notice to you via the e-mail address you provided during registration, by a general notice on the Site, or by written communication delivered by first class U. S. Postal Service, or express courier to your address on record in the CSM account information. You may give notice to CSM at any time by email to info@Consumedico.com or letter delivered by first class postage prepaid U.S. mail or overnight courier to CSM Member Support, at 20079 Stone Oak Parkway, Suite 1105-410, San Antonio, Texas 78258.
C. Eligibility to Register on the Site, Subscribe to the Services and Use this Site and/or the Services.
You represent that you are of legal age to and you agree to the terms and conditions set forth in these Terms and Conditions, OR you are at least 13 years of age and have the permission of your parent(s) or legal guardian(s) to access and use this Site, to register on the Site, to enroll for the Services of this site, and/or to use the Services offered via this site. Some Services, including, without limitation, access to an CSM Doctor’s consultation, are not intended to be used by, and are not directed to, anyone less than 18 years of age. If you register for, enroll for, purchase and/or use CSM services, you represent you are at least 18 years of age. You represent that if you are acting on behalf of an entity, you have the authority to bind such entity.
You also represent that you are not a person barred from enrolling for, and/or receiving, Services under the laws of the United States or other applicable jurisdictions in which you may be located. Access to and use of the Site and/or CSM Services is limited to users in the United States. However, recognizing the global nature of the Internet, it may be possible to access and/or use the Site and/or the Services outside of the United States. In the event of such access and/or use, you agree to comply with all local rules regarding online conduct and transmission of information, including, without limitation, all applicable laws regarding the transmission of technical data exported from the United States or any other jurisdiction, and you acknowledge that CSM makes no representation or warranty that CSM, any of the Services, or any information on the Site or transmitted via a Service is lawful in any jurisdiction outside the United States.
- Use of the Site and Services – NOT FOR EMERGENCIES. The CSM Site and Services are not for use for medical emergencies or urgent situations. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
D. Limitations on Use.
You agree not to: (i) access the Site or use the Services in an unlawful way or for any unlawful purpose, (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content or information (including, without limitation, advice and recommendations) (collectively, “Information”) which (x) is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or (y) contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damages, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers or Information or facilitate or promote hacking or similar conduct, (iii) impersonates or misrepresents your identity or falsely states or misrepresents your affiliation with a person or entity, (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services, (v) use robots or scripts with the Site, (vi) or attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, Information on or received by this Site, or (vii) to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie settings.
You agree that any Information you provide or use on the Site, and your use of the Site or the Services, will not infringe on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties. CSM may delete any Information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property, ownership or other right of any other person.
E. Your Account.
You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your password. You agree to prohibit anyone else from using your password and to immediately notify CSM in writing of any unauthorized use of your password or other security concerns of which you become aware.
F. Electronic Medical Record
G. Operation and Record Retention
CSM reserves complete and sole discretion with respect to the operation of the Site and the Services. CSM may, among other things, withdraw, suspend or discontinue any functionality or feature of the Site or the Services. CSM is not responsible for transmission errors or corruption or compromise of Information carried over local or interchange telecommunication carriers. CSM is not responsible for maintaining Information arising from an individual’s use of the Site or in respect of the Services. CSM reserves the right to maintain, delete or destroy all communications and Information posted or uploaded to the Services pursuant to its internal record retention, archiving, and/or destruction policies. Notwithstanding the foregoing, CSM archives all Personal Information, and CSM’s PSP will archive your Electronic Medical Records, associated with usage of CSM site and PSP services for Seven (7) years.
CSM may contact you by telephone, mail or email to verify your Personal Contact Information. CSM reserves the right to request further information from you and you agree to provide such further information, to ensure you have not fraudulently completed your registration on the Site or subscription to the Services. If you do not provide this information to CSM and in the manner requested within fourteen (14) days of such request, CSM may reject your registration and subscription or suspend your registration and subscription until you satisfactorily comply with CSM’s information request.
I. Plans and Rates for the Services.
The Plans and Pricing Page, as may be amended from time to time in CSM’s sole discretion, and is hereby incorporated by reference into and made a part of these Terms and Conditions.
You agree to timely (or immediately, if required) pay CSM all amounts due and owing pursuant to the plan for the Services to which you subscribe and for all other fees that may be charged in connection with your use of the Services or upon registration. You may be asked to provide a valid credit card number to make a payment or recurring payments.
K. Secure Purchases
L. Upgrades and Downgrades.
You may upgrade or downgrade the level of the Services to which you are subscribing at any time by following the instructions on the Site. The upgrade or downgrade shall take effect no later than the date of your next full billing cycle; provided that, CSM is in receipt of a valid credit card number. To cancel simply log into your account and change your settings to indicate your desire to discontinue your service. Your membership will expire on the last day of the period for which you paid and your credit/debit card will not be charged for the next period. Your information will be retained for seven years. You may choose to come back to us at any time and simply pay the reinstatement fee to have complete access to your portal. To reinstate your membership, log in to your account, pay the applicable reinstatement fee and you will once again join the many members that, every day, save time and money getting their family well the Consumedico way!
If you have initially subscribed to the Services through a third party, such as your employer, you will be able to upgrade (but not downgrade) the level of the Services from the level offered to you through such third party. If you elect to upgrade your subscription to the Services to a higher level than subscribed for by such third party, then you may, and are solely responsible, for doing so either on the Site or by telephone 800-555-1212 You shall also be solely responsible for direct payment to CSM for any difference between the Services for which the third party has subscribed and for the upgraded Services for which you are electing to subscribe. To upgrade, you must provide a valid credit card number to CSM for the upgrade charges, which may be recurring. Any special group pricing the third party is receiving will be extended to you should you wish to upgrade or retain any additional services for so long as such third party is receiving special group pricing from CSM.
CSM may provide refunds as determined in its sole and absolute discretion.
N. Subscriptions through Third Parties, Such as Employer.
Your Payment Obligation. If your subscription is being paid for by a third party and that third party ceases to, or at any time is no longer obligated to, pay for your subscription or any other of your fees, you may continue your subscription to the Services; provided, that, you consent and arrange with CSM to pay CSM directly for the Services, adhering to the terms and conditions thereto. CSM may terminate your subscription and access to the Services unless or until you make such payment arrangements and commence payments.
O. Prescription Program
Only when you have accurately and fully completed the Medical History Assessment and have had a telephone medical consultation, in compliance with state law governing the establishment of a legal physician/patient relationship, may you be eligible to get a prescription for medications, as determined by the participating physicians in their sole discretion and subject to their professional and legal obligations. Subscribers may be able to request medications during the telephone medical consultation and the consulting physician may prescribe certain medications for common conditions, if conditions warrant, if appropriate and/or legal. Medications can be called into a local pharmacy or delivered from the mail order pharmacy network. NOTE: No DEA controlled medications nor “vanity” prescriptions (such as Propecia® or Viagra®) are available through participating physicians. You agree that any prescriptions that you acquire from a physician shall be solely for your personal use and expense, (prescriptions are not included in the CSM service.) You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription.
P. CAN-SPAM ACT Compliance
We are committed to being compliant with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act”), and e-mail newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an e-mail from us which you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at the address listed below under the section “Notices and How to Contact Us.” Click to unsubscribe or opt-out of e-mail communications from CSM at any time or type “unsubscribe” in e-mails you receive from CSM. NOTE: YOU CANNOT OPT-OUT FROM RECEIVING FURTHER COMMUNICATIONS FROM CSM If you wish to subscribe to our SERVICES. IF YOU OPT-OUT OR UNSUBSCRIBE WHILE SUBSCRIBED TO OUR SERVICES, YOU WILL BECOME INELIGIBLE FOR THE RECEIPT OF AND USE OF OUR SERVICES.
Q. Third Party Web Sites
R. Right to Change Terms and Conditions
CSM may, at any time and from time to time, in its sole discretion, change these Terms and Conditions. Any changes to these Terms and Conditions will be effective immediately upon posting of the changed Terms and Conditions on the Site. You agree to review these Terms and Conditions periodically, and your use of the Site following any such change constitutes your agreement to follow and be bound by such changed Terms and Conditions.
S. Term and Termination
These Terms and Conditions shall commence upon the date you first access the Site. Either you or CSM may terminate these Terms and Conditions and your right to use the Services at any time in writing, with or without cause. These Terms and Conditions and the licenses granted hereunder shall terminate without notice in the event you fail to comply with the terms and conditions of these Terms and Conditions, as revised from time to time. Upon any termination, you shall destroy all copies of CSM Information in your possession and cease any access to or use of the Services. If you terminate these Terms and Conditions and thereafter access the Site, you shall be subject to the Terms and Conditions posted on the Site at that time.
T. Legal Notices and Disclaimers
- Medical Disclaimers
CSM makes no representation or warranty as to the content of any treatment response from any participating, licensed, physician. You and your physician are solely responsible for all information and/or communication sent during a telephone medical consultation, secure email consultation or other communication. CSM does not guarantee that a telephony-based medical consultation or secure email, or web-based, consultation is the appropriate course of treatment for your particular health care problem. You agree to contact your primary care physician immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately. CSM’s partner annually verifies the state licensing status for all participating physician providers. NOTE: In order to create a physician/patient relationship THROUGH YOUR USE OF ANY OF THE SERVICES with a PARTICIPATING Physician, you must complete (i) a Medical History Assessment; and (ii) a “telephone medical consultation WHICH WILL BE SUBMITTED TO THE PARTICIPATING PHYSICIAN.”
- Content Disclaimers
You should not use Information found on this Site to replace a relationship with a physician or other healthcare professional and should not rely on the foregoing as professional medical advice. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition, and before starting, stopping or modifying any treatment or medication. In the case of a health emergency, seek immediate assistance from emergency personnel. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site.
- NEITHER THE CSM WEBSITE NOR CSM PROVIDE MEDICAL ADVICE. THE PHYSICIANS FACILITATED BY CSM TO PROVIDE MEDICAL CONSULTATIONS ARE NOT EMPLOYEES OF CSM AND ARE DIRECTLY RESPONSIBLE FOR THE QUALITY AND APPROPRIATENESS OF THE CARE THEY RENDER DIRECTLY TO YOU. The Information and the Services provided on or through this Site are intended solely as a general educational aid and to assist you in finding a physician that, subject to his or her professional responsibilities, may or may not provide you with medical advice. The Information and Services are not medical or health care advice for any individual problem or a substitute for medical or other professional advice and services from a qualified health care provider assessing your condition in-person. Your use of this Site does not create a physician-patient relationship. Nothing contained in this Site is intended to be used for medical diagnosis or treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by CSM. Information contained in this Site is compiled from a variety of sources and may or may not be considered authored by CSM. CSM makes no representation or warranty as to any such Information.
- While CSM attempts to keep all the information on this site up-to-date, medical treatment and knowledge change quickly. This site should not be considered error-free or as a comprehensive source of all information on a particular topic. CSM makes no warranties or representations as to the accuracy of the information on the site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on this site. Your use of the CSM site is subject to the additional disclaimers and caveats that may appear throughout these Terms and Conditions and the site. You assume the entire risk of loss in using this site and information contained on the Site.
- Features and specifications of products or services described or depicted on the site are subject to change at any time without notice.
- Certain of the Information about health conditions on this Site is provided by third parties You are responsible for reviewing and complying with all terms and conditions, licenses, policies posted on or linked to and from this Site, so as to protect the copyright and licensing terms of those third parties.
- General Disclaimers
A. YOU ACKNOWLEDGE THAT YOUR USE OR MISUSE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON OR PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW CSM AND ITS MEMBERS, SHAREHOLDERS, DIRECTORS, MANAGERS, ENPLOYEES, OFFICERS, OFFICERS, CONTRACTORS, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, CSM MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED HEREUNDER. WITHOUT LIMITATION OF THE FOREGOING, CSM SPECIFICALLY disclaims all liability for the ACTS OR OMISSIONS OF ANY PARTICIPATING PHYSICIANS PROVIDING MEDICAL CARE TO SUBSCRIBERS.
B. You acknowledge and agree that we are not responsible for (i) any printing, typographical or technological errors regardless of the matter, media, material or form thereof, (ii) electronic, human, equipment programming or other error, omission, interruption, defect or delay which may occur regardless of the matter, media, material or form thereof, (iii) incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information regardless of the matter, media, information or form thereof, (iv) technical failures of any kind, (v) inadvertent loss of information; and/or (vi) unauthorized human intervention in any part, material or process or otherwise.
C. CSM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION MEDICATIONS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE SERVICES.
D. CSM does not endorse the promotions, products or services of any third parties. CSM does not warrant or validate the Information of any third party’s advertisements, promotions, communications, or other materials. CSM does not assume any responsibility or liability for the accuracy of Information contained in the Site or as stated above under “Third Party Web Sites.”
U. Limitation of Liability
- IN NO EVENT SHALL CSM BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (i) ONE MONTH’S (1 MONTH’S) SUBSCRIPTION RATE OF YOUR SUBSCRIPTION PLAN, OR (ii) IN THE EVENT NO SUBSCRIPTION PRICE WAS PAID OR REQUIRED, $1,000. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CSM BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF THE SERVICES OR LOSS OF INFORMATION, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY SERVICE OFFERED OR PROVIDED THROUGH THIS SITE OR BY OTHER MEANS OR ANY INFORMATION OR PRODUCTS CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED OR SERVICES SUBSCRIBED TO ON THIS SITE OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CSM IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURISDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT CSM’S aggregate liability to YOU for any damages, losses, fees, charges, expenses or liabilities and in circumstances where the FOREGOING LIMITATION is finally determined to be unavailable shall not exceed the SUBSCRIPTION PRICE PAID BY YOU FOR the one (1) month period prior to the time of the first occurrence of the subject damages, losses, fees, charges, expenses or liabilities.
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
W. Force Majeure
Notwithstanding anything herein to the contrary, CSM shall not be liable for any losses arising out of the delay or interruption of its performance of any obligations due to any act of God, act of governmental authority, act of public enemy, war, riot, flood, civil commotion, insurrection, severe weather conditions, or any other cause beyond its reasonable control.
X. No Third Party Rights
Z. Entire Agreement; Headings and Construction; Severability
AA. Governing Law and Jurisdiction and Venue
- This Web site can be accessed from the United States and other countries worldwide. Since the laws of each State or country may differ, you agree that the statutes and laws of the Texas, without regard to any principles of conflicts of law, will apply to all matters relating to your use of this Site. CSM makes no representation that Information or services provided on or through this Site are appropriate or available for use in other locations, and accessing them from territories where such Information is illegal is prohibited. If you choose to access the Site from other locations, you do so, on your own initiative and are responsible for compliance with local laws.
- Enforcement Costs
- WAIVER OF JURY TRIAL
END TERMS AND CONDITIONS