Pursuant to Health Insurance Portability and Accountability Act of 1996 (HIPAA), you acknowledge that you have received a copy of the Facility's Notice of Privacy Practices. You hereby consent to disclosure of your protected information, including information generated through use of virtual health or telemedicine services, as described in the Notice of Privacy Practices. This will include all of your protected health information generated during the provision of Services, including but not limited to treatment for mental health, drug and alcohol abuse, communicable diseases such as HIV/AIDS, developmental disabilities, genetic testing, and other types of treatment received.
You hereby certify that you are physically located in the State you choose/have chosen as your current location. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of this certification and that the physicians you access are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify Facility and the physicians you interact with from any resulting damages, costs or claims as set forth in the Indemnification Section below.
Other than information received directly by you from physicians in the context of a telemedicine service, the content on the website should not be considered medical advice. We may post or provide links to general information resources that may be of interest to you ("Posted Materials"). Posted Materials are not to be used as medical diagnosis, treatment or advice. Other than information received directly by you from physicians in the context of a telemedicine service, you should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the content on this website represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. Without limitation, Facility does not recommend or endorse any specific tests, physicians, medications, products or procedures.
All of the content available on or through the Service is the property of Facility or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. We give you permission to display, download, store and print the content only for your personal, non-commercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to anyone, including but not limited to others in your organization. All software and accompanying documentation made available for download from the Service is the copyrighted work of Facility or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices. Subject to the terms of this Agreement, Facility hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service. The license granted herein does not permit you, and you agree not to: (a) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (b) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.
Binding Arbitration. You and Facility each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a "Dispute") arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of these Terms to arbitrate), your or Facility's rights and obligations under these Terms, the Site, the use of the Site, and/or the information, services and/or products that may be provided by or through or in connection with the Site. The arbitration will be held in the State of [FACILITY STATE] before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. Arbitration Final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause. Giving Up Right of Class Action. These Terms provides that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST FACILITY ENTITIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
Site Ownership. The Site and all content, organization, graphics, design, compilation, translation, and other matters related to the Site (collectively, "Content") are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and Nigerian Government, and other laws. The Site and all Content is the property of Facility and/or third party licensors, and all right, title and interest in and to the Site and Content will remain with Facility or such third party licensors. Other product and Facility names mentioned herein may be the trademarks of their respective owners. You do not acquire ownership rights to the Site or any Content other than any rights in the Materials that you may have. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Site or any Site content. You may only use the Site and the Content as expressly permitted herein, and any other use is prohibited. Any copying, republication, or redistribution of the Site or Site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Facility and/or the respective intellectual property rights holder identified in the subject content, which consent to be granted or withheld at the sole discretion of the rights holder.
CURRENT PROCEDURAL TERMINOLOGY ("CPT") CPT Copyright © 2019 Medtech Africa. All rights reserved. Fee schedules, relative value units, conversion factors and/or related components are not assigned by the Medtech Africa, are not part of Health Bank system, and Medtech Africa is not recommending their use. Medtech Africa does not directly or indirectly practice medicine or dispense medical services. Medtech Africa assumes no liability for data contained or not contained herein.
Security of Account and Password. In the event you establish an account and receive or establish a password for such account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You accept full responsibility and liability for all activities that occur under your account or password. Facility reserves the right to refuse service, terminate accounts, or remove content in its sole discretion Notification of Unauthorized Use/Ceasing Access. You shall notify Facility immediately of any unauthorized use or threat of unauthorized use of your account or the Site or of any other breach or potential breach of security known to you with respect to your account or the Site, including without limitation any loss or compromise of any password, and will cooperate with Facility in every reasonable way to help Facility prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Site, your account and/or your password. You agree that immediately upon termination of your right to use the Site or any password-protected portion of the Site, or upon any earlier demand by Facility at any time, you will cease all access and/or use of the Site or such password protected portion of the Site, and will not attempt to access and/or use same.
You will indemnify, defend (or settle) and hold harmless Facility Entities from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys fees and all other costs, fees, and expenses (collectively, "Claims") against any of Facility Entities to the fullest extent permitted by law arising out of or in connection with (1) your conduct, provision of content or use of the Site, or such actions by any third party through you, (2) your violation of the rights of another person or party, (3) any Materials provided or made available by you, and (4) any breach or violation by you of your obligations under these Terms, including without limitation any breach of your representations and warranties herein. You will not settle any indemnified claim without the prior written consent of Facility, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, Facility Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to Facility Entities pursuant to this Section.
Disclosure under Law. Facility reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in Facility's sole discretion. Any disclosure of medical information, such as Protected Health Information ("PHI") under the Health Insurance Portability and Accountability Act ("HIPAA") or state medical information privacy laws, is subject to the restrictions and requirements of such laws. Providing Correct Personal Information. In the course of using the Site, you may be required to enter certain information, including without limitation personal information (collectively, "Information"). You represent and warrant that you will provide Facility with full, true and correct Information, and to update such Information on the Site promptly as reasonably necessary and as required by the Site.
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FACILITY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FACILITY DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES FACILITY MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SERVICE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. FACILITY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE. LIMITATIONS OF LIABILITY IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL FACILITY, ANY FACILITY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT. UNDER NO CIRCUMSTANCES SHALL FACILITY, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You may not access or use, or attempt to access or use, the Service to take any action that could harm us or any third party, interfere with the operation of the Service, or use the Service in a manner that violates any laws. Without limiting the foregoing, you agree not to: Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide; Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network; Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else's attempt to engage in such activities) any of the software comprising or in any way making up a part of the Service. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited; Engage in unauthorized use of bots, spiders, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information; Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Service; Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure; Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our users' computers or systems; or Engage in any other conduct that restricts or inhibits any person from using the Service, or that, in our sole judgement, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.