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TERMS OF USE
Welcome to KelMed Health & Wellness PLLC (KelMed). We provide onsite and virtual healthcare services. We connect patients with qualified healthcare providers and specialists based on individual needs.
As used in these Terms and Conditions, “KelMed” means and includes KelMed Health & Wellness Clinic PLLC, its parent, subsidiaries, and affiliated entities, “you” or “your” means the patient, your dependent(s) if any, and any other person eligible for access to your KelMed 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 KelMed Services. KelMed 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 acceptance of all Terms and Conditions.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, CALL“911”
Healthcare Consultations:
The Company provides access to clinical services. The Providers rendering these clinical services may be employees of the company of independent healthcare providers. VISITING THIS WEBSITE DOES NOT SUBSTITUTE FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AND SERVICES FROM HEALTH CARE PROVIDERS ASSESSING YOUR CONDITION IN PERSON. WHILE HELMED FACILITATES CONSULTATIONS WITH LICENSED PROVIDERS, THE PROVIDER-PATIENT RELATIONSHIP IS BETWEEN YOU AND THE HEALTHCARE PROVIDER YOU SELECT.
Use of Site
Subject to your compliance with these Terms of use, your acknowledgment of the Privacy Policy on KelMed Site, and your payment of any applicable fees, KelMed grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and make personal use of the Site and KelMed Services. With the exception of your Electronic Medical Records, KelMed retains all rights, title, and interest in, and to KelMed Services and any Information, products, documentation, software, or other materials on the Site. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate such information to anyone. Use, reproduction, copying, or redistribution of KelMed’s trademarks, service marks, and logos is strictly prohibited without the prior written permission of KelMed.
You agree not to access the Site or use the Services in an unlawful way or for any unlawful purpose, including but not limited to: posting or transmitting a message under a false name, posting any data, materials, content, or information which is libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person, or posting any content which contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, interfere or manipulate in any way, 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. The Company 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 or ownership right of any other person.
Eligibility, Appointment, and Security
You represent that you are of legal age and 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 KelMed Services is limited to users in the United States. In the event of access and/or use outside of the United States, you agree to comply with all local and federal laws 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 KelMed makes no representation or warranty that we, or any of the Services, or any information on the Site or transmitted via a Service is lawful in any jurisdiction outside the United States. The Company may, in its sole discretion, refuse to accept your registration or subscription due to non-compliance with any eligibility or subscription requirement.
In order to schedule an appointment, you are required to (1) fully, accurately and truthfully complete the registration profile with your Personal Information, including but not limited to name, address, telephone number, and e-mail address, (2) complete all other requirements to facilitate your visit, and (3) set your Internet browser to accept “cookies” from the Site. By registering on the Site you are agreeing to opt-in to the receipt of communications from KelMed, such as newsletters and offers, by mail or electronic mail and further agree that KelMed may provide to you, electronically, any notices required by law. If you do not wish to receive such communications, you may opt out at any time. You are also consenting to the disclosure of your personal information with agents and KelMed employees for any reason as described in our Privacy Notice.
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 KelMed in writing of any unauthorized use of your password or other security concerns of which you become aware. You will indemnify KelMed for any unauthorized use or transmission of your password to any third parties.
Electronic Medical Record
KelMed creates an Electronic Medical Record (“EMR”) specifically for you to store and access your personal health information online, and for the licensed clinicians to review as part of the consultation. Information provided to a clinician through the KelMed becomes part of the EMR and is subject to applicable state and federal law. PLEASE SEE HIPAA NOTICE BELOW. IT IS SOLELY YOUR PROVIDERS OBLIGATION TO COMPLY WITH ALL STATE AND FEDERAL LAWS INCLUDING, BUT NOT LIMITED TO HIPAA LAWS IN THE USE AND DISCLOSURE OF THE INFORMATION OBTAINED THROUGH THE EMR. The Company archives all Personal Information and EMRs associated with usage of the site and KelMed services for Seven (7) years.
Paying for Services
You may change your membership plan subscription at any time, which shall take effect by your next billing cycle. You may cancel your subscription at any time provided that you provide KelMed with thirty (30) days of advanced written notice of cancelation. KelMed maintains the right to cancel your subscription at any time.
Refunds
A refund will be issued if the appointment was booked out of scheduled hours, or if canceled twenty-four hours prior to the scheduled appointment time. You may request a one-time offer to reschedule missed appointments. KelMed has sole and absolute discretion in determining whether or not to issue a refund or reschedule appointments.
Site Control
KelMed has sole discretion to withdraw, suspend or discontinue any functionality or feature of the Site or the Services, including the site itself at any time. Additionally, KelMed makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site and contents therein. KelMed may provide links to third parties’ websites but is not responsible, under any circumstance, for errors related to the content or functionality of third party sites nor is it responsible for the terms and conditions, privacy practices, accuracy, copyright compliance, legality, decency or any of the Information, products, services or any transmissions received by or through third parties, or for any viruses or cyber-attack your technology may suffer by visiting these third-party sites. Any link on the Site to any third party’s Web site does not imply an endorsement of the terms, privacy practices, or products or services of any kind of any third party. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us written notice. KelMed reserves the right, in its sole discretion, to at any time, terminate your access to all or part of the Site, with or without cause, and with or without notice.
Legal Notices
KelMed makes no representation or warranty as to the content of any treatment response from any participating, licensed providers. You understand that you and your provider are solely responsible for all information and/or communication sent during a consultation. KelMed does not guarantee that a telephone-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 seek emergency care immediately should your symptoms worsen. IN ORDER TO CREATE A PROVIDER-PATIENT RELATIONSHIP WITH A CLINICIAN, YOU MUST COMPLETE A MEDICAL HISTORY ASSESSMENT.
Disclaimer of Warranties
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 KelMed AND ITS MEMBERS, DIRECTORS, MANAGERS, EMPLOYEES, 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, KelMed 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, KelMed SPECIFICALLY DISCLAIMS ALL LIABILITY ACTS OR OMISSIONS OF ANY PARTICIPATING PROVIDERS RENDERING HEALTH CARE TO PATIENTS.
Limitation of Liability
IN NO EVENT WILL ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR SERVICES, OR ANY OTHER THIRD PARTIES MENTIONED VIA OUR SERVICES (OR ANY PART THEREOF) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES (OR ANY PART THEREOF), ANY WEBSITES LINKED TO OUR SERVICES, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION PROVIDED OR MADE AVAILABLE VIA OUR SERVICES (OR ANY PART THEREOF), OR THE PERFORMANCE OF THE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY TO YOU RELATING TO OUR SERVICES (OR ANY PART THEREOF) EXCEED SIXTY DOLLARS ($60).
Indemnity
You agree to defend, indemnify and hold harmless KelMed and its Affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions and suits (no matter whether at law or equity), fees, costs and attorneys’ fees (including appellate level) of any kind whatsoever arising, directly or indirectly, out of or in connection with (i) your use or misuse or of the Site or the Services or any Information posted on the Site, (ii) your subscription, (iii) your breach of the Terms and Conditions or the Privacy Notice, (iv) your relationship with any provider, (v) the content or subject matter of or any Information you provide to KelMed any of its Affiliates, any participating provider or Customer service agent, and/or (vi) any negligent or wrongful action or omission by you in the use or misuse of the Site or the Services or any Information posted on the Site, including, without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
Dispute Resolution
Any controversy or claim against KelMed arising out of or relating to this contract, or the alleged breach thereof, shall be settled by arbitration administered by the American Arbitration Association. The number of arbitrators shall be one or three. The cost of Arbitration including, but is not limited to all attorney’s fees will be paid by you. The place of arbitration shall be Arlington, Texas. Texas law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any costs or attorney’s fees incurred by KelMed in defending any lawsuit in the Courts of the State of Texas will also be paid by you. You hereby waive any objections to such jurisdiction or venue.
Notices
KelMed may provide notice to you via the mobile number and or e-mail address you provided during registration or by a general notice on the Site. KelMed uses mobile alerts and messaging services that may allow you to receive confirmation or reminders for billing purposes, medical appointments at our facilities, and other communication we may send. In addition to the mobile alert services, you may also receive additional notifications from us. You are opting to participate in our mobile and email alert and messaging services and you agree to be bound by the following terms and conditions related to our SMS text notification services. Messages are unencrypted. Unencrypted messages, including email and text messages, maybe intercepted or received by unintended third parties, and/or stored or archived by service providers and system operators.
You may give notice to KelMed by Mail to KelMed Health & Wellness Clinic PLLC P O BOX 304 ITALY TX 76651.
Entire Agreement; Severability
These Terms and Conditions and the Privacy Notice constitute the sole and only agreement of you and KekMed Health & Wellness Clinic PLLC, and supersede any prior understandings or written or oral agreements between you and KelMed. In the event, any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to conform with the parties intent.