The information on this app is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this app is for general information purposes only. Whatmed, S.C. makes no representation and assumes no responsibility for the accuracy of information contained on or available through this web site, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this web site with other sources, and review all information regarding any medical condition or treatment with your physician. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS APP.
Whatmed, S.C. does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be contained on or available through this app. WHATMED, S.C. IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS APP.
Welcome to Whatmed app. We hope that you find the services provided beneficial. The terms and conditions on this page outline your usage rights, restrictions, and expectations for continued use of this website and all applicable services as provided by Whatmed app. Please review this document thoroughly as your acceptance to its terms constitute a legally binding agreement between you and Whatmed as defined below.
Acceptance of these terms of service upon registering for services on this website is required for usage of any services as provided by or facilitated by Whatmed app.. Acceptance of these terms acts as confirmation that the terms have been clearly defined, understood, acknowledged, and agreed-upon by the Provider, first-party agents of the Provider, members of the Provider’s staff, third-party agents contracted by the Provider, and Clients.
Continued usage of Whatmed app or its services is dependent upon your agreement to these terms. If these terms become unagreeable, then access privileges to Whatmed app and all associated services provided by or facilitated by this website are considered revoked. In such cases, the Client should contact the Provider to have their user account disabled.
These terms of service may be updated in the future with, or without, notice. Reasonable effort will be made on the part of Whatmed or the Provider to notify users of major revisions to these terms of service.
Contact
If there are any questions regarding this document or the terms of service contained herein, please feel free to mail us at:
Whatmed, SC
13121 West Beaver Lake Drive, IL 60491
Or call us at: 630 417 2569
WhatMed, S.C.,
An owner and lessor of internet-based telemedicine solutions, Whatmed has been contracted to provide this portal and online chat-based telemedicine software to the Provider, agents of the Provider, and Clients of the Provider. This includes the portal and software framework, as well as default website content; and excludes custom content as provided by the Provider.
(b) Provider
A lessee of Whatmed website software and chat-based telemedicine software. The Provider is responsible for all content and information displayed on the leased portal that has been modified from the default content provided by Whatmed. The Provider is responsible for the management of this website, as well as information provided in written, verbal, or visual formats to Clients accessing or using this website and its information in all forms.
Providers are also defined as active, licensed members of the website who provide medical services or medical information to Clients through usage of this website’s features and software. As such, this website may have multiple Providers and the role of “Provider” is synonymous with the role of a medical professional such as a licensed doctor, therapist, nurse, social worker, or counselor.
(c) Client (“Account Owner”)
All portal visitors who interact with the Provider, first-party agents of the Provider, members of the Provider’s staff, or third-party agents contracted by the Provider. This includes, but is not limited to, access of information and services as provided by the Provider including information and services presented on this website in written, verbal, or visual formats.
(d) Telemedicine Software (“Website” or “Site” or “Software”)
The software includes, but is not limited to, the foundation and functionality of the website being accessed as provided to Clients by the Provider; excluding website content. The software provides online chat-based methods for providing legally binding health consultations and information in cases where the Client is speaking or communicating directly with a licensed professional through written, verbal, or visual formats.
WhatMed, SC (hereinafter “Whatmed” or “we”) grants you (“Licensee” or “Provider”) a limited, nonexclusive, nonsublicenseable, irrevocable (except for non-payment or non-compliance with terms) license to conduct online video or audio sessions or other interactions with patients or potential customers along with the right to transmit and receive documents or data associated with such interactions through the Whatmed software and website and use such website, content, and software for the term of the Agreement (the “Software”). This Software license does not indicate sale or ownership of the Software or the platform for the custom website.
User licenses are issued specifically in the quantity purchased and may be transferred to other professionals or authorized users under the same Software account registration only. User licenses must remain with the account for the remainder of the contract; account holder cannot “give up” licenses, except during contract renewal. Licensee may not assign this Agreement to any other person without the express prior written consent of Whatmed or its successor in interest. Licensee and authorized users may access the Software on any number of computers or workstations.
The Software must be used in compliance with all conditions specified in this agreement, including all use of the chat application and Whatmed portal. The Licensee must abide by all HIPAA guidelines, rules, and regulations regarding the handling of Protected Health Information (PHI). The Licensee agrees to use the Software for client or customer consultation only, never personal or social connectivity. WhatMed is not responsible for misuse and situations arising from misuse of the Software by the Licensee or the Licensee’s authorized users.
The license is valid from the date of purchase through the specified expiration date, whether in use or not. License extensions may be purchased at any time. Expiration of the license indicates conclusion of this License Agreement, and terminates all Licensee and patient access to the Software and CloudVisit portal. Upon termination of the license, we will deactivate any accounts associated with Licensee.
Free trial accounts are only available during special promotions. Free trial accounts have a defined duration dependent upon current promotions and opportunities as provided by Whatmed. Free trial accounts will automatically be converted to paid accounts the day following the expiration of a free trial to provide continued usage of Whatmed systems. Your credit card will be billed at this time. If you would like to cancel a free trial account prior to resuming standard billing, please contact Whatmed at 630 417 2569. A representative will be happy to assist you in a no-pressure cancellation.
WhatMed reserves the right to immediately suspend an individual user account in the case of severe Licensee misuse or illegal use as outlined in this agreement and determined by WhatMed. If the misuse is deemed to be sufficiently serious by WhatMed, WhatMed shall have the right to terminate an individual user account. WhatMed reserves the right to revoke end user licenses without refund.
Upon request of early termination of the contract, the Licensee will be responsible for payment of 50% of the remaining contract term. No fees will be refunded. WhatMed reserves the right to terminate this agreement at any time, for any reason, including but not limited to Licensee violation of the Expectations of Conduct, or other misuse or illegal use as outlined in this agreement. WhatMed reserves the right to revoke user licenses without refund.
No other license is granted to the Licensee beyond the limited rights and license expressly granted hereunder or otherwise in the Agreement. Except as set forth in the Agreement, WhatMed retains all right, titles, and interest in the Software and custom website, including all copyright rights, trade secret rights, and all other intellectual property and proprietary rights.
Except as permitted by the Software functionality or otherwise agreed to by WhatMed, you will not, and will take reasonable measures to not allow a third party within your control to: (a) copy the Software; (b) modify, translate, adapt, alter, or create derivative works from the Software; (c) merge the Software with any other software or documentation not otherwise needed for use or integration of the Software; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software; (e) except for purposes of allowing access to authorized users and patients or potential customers, distribute, sublicense, rent, lease or loan the Software to any third party; or (f) use the Software to provide outsourcing, service bureau, commercial hosting, or application service provider services to a third party.
Except as otherwise provided in the Agreement or in this License Agreement, Licensee may not assign or transfer its rights under this License Agreement or its rights to the Software without the prior written consent of WhatMed. Upon any such transfer or assignment, Licensee must transfer all copies of the Software and assignee must agree in writing to all the terms of this License Agreement.
Because of the nature of the digital services offered, all sales made on this site are final. Unless otherwise noted, WhatMed does not offer refunds or pro-rated returns on WhatMed Telemedicine subscriptions and services.
It is your responsibility to familiarize yourself with this refund policy. By placing an order for any of our products and services, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy. If you do not agree with or fully accept the terms of this refund policy, we ask that you do not place an order with us.
Please contact customer service at 630 417 2569 or email support@whatmeds.org if you have any questions.
EXCEPT AS OTHERWISE PROVIDED IN THE AGREEMENT, LICENSE AGREEMENT, OR IN ANY DOCUMENTATION OR USER GUIDES, LICENSEE’S USE OF THE SOFTWARE, SERVICES AND APPLICATIONS UNDER THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, USE OF ANY CONTENT, IS AT SOLE RISK OF LICENSEE. THE SOFTWARE, SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE PROVIDED IN THE AGREEMENT, LICENSE AGREEMENT OR IN ANY DOCUMENTATION OR USER GUIDES, WHATMED, ITS AFFILIATES, LICENSORS, AND SUPPLIERS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “PROVIDERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXCEPT AS OTHERWISE PROVIDED IN THE AGREEMENT, LICENSE AGREEMENT, OR IN ANY DOCUMENTATION OR USER GUIDES, WHATMED DOES NOT WARRANT UNINTERRUPTED USE, OPERATION, OR AVAILABILITY OF THE SOFTWARE, SERVICES OR ANY CONTENT, OR THAT ANY SUBMISSION OR TRANSACTION REQUEST LICENSEE ATTEMPTS USING THE SOFTWARE AND/OR SERVICES WILL BE SUCCESSFUL, UNCORRUPTED, OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME. EXCEPT AS WRITTEN IN THE AGREEMENT, LICENSE AGREEMENT, DOCUMENTATION, OR USER GUIDES, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY LICENSEE FROM WHATMED OR ANY OTHER PROVIDER THROUGH OR FROM THE SERVICES, WILL CREATE ANY WARRANTY REGARDING THE SOFTWARE OR SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
EXCEPT FOR INDEMNIFICATION OBLIGATIONS OR BREACH OF OR FAILURE TO ABIDE BY CONFIDENTIALITY, SECURITY, OR DATA PRIVACY OBLIGATIONS, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CLOUDVISIT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CLOUDVISIT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM LICENSEE ACCESS TO OR USE OF, OR LICENSEE INABILITY TO ACCESS OR USE, THE SOFTWARE, SERVICES OR ANY CONTENT, NOR SHALL CLOUDVISIT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND CLOUDVISIT’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, then local law that most closely approximates an absolute waiver of all civil liability in connection with the Services shall be applied.
Whatmed is responsible for the operation, maintenance, and functional connectivity of the Whatmed software, service, and server software environment (collectively “Services”) where such Services are provided and operated by Whatmed or contracted from a third-party by Whatmed.
Whatmed is not responsible for management of user hardware and software and does not guarantee connectivity and quality of Service on a per-user basis where connectivity and quality of Service are hindered by factors outside of the control of Whatmed. Such factors include, but are not limited to: (i) slow, unstable, or unsatisfactory internet connectivity, (ii) local or Internet-based network congestion, (iii) conflicts in user hardware or unsupported hardware, (iv) conflicts in user software or unsupported software, (v) user error, (vi) breach of local user security, (vii) breach of the terms of service, (viii) limited network or Internet access caused by routing issues such as closed ports, QoS settings, signal degradation, signal loss, packet loss, and wireless access. Issues of connectivity as outlined are collectively known as “User Error”.
Upon request, Whatmed may provide assistance with rectifying issues of User Error at the cost of $200.00 per hour. Such assistance services are provided by Whatmed at Whatmed discretion based upon employee availability.
Whatmed shall not be held responsible for issues of User Error, and such issues may not in any part be seen as a failing of the Whatmed system. Whatmed is in no way responsible for the information provided via website copy. All website copy must be viewed and approved by the client prior to publishing. Whatmed is in no way responsible for the information provided to participants by Providers before, during, or after participant sessions via Whatmed, regardless of delivery method. Providers are not employees, contractors, or representatives of Whatmed, and as such Whatmed is not responsible for a Provider’s actions.
The Whatmed software is designed to provide online interactions between Providers and Patients. The software allows for direct interaction between individuals through text, as well as through the sharing of documents, imagery, and other. Usage of the software or the Whatmed Connect portal that can be deemed abusive or illegal is strictly prohibited and may result in termination of services provided by Whatmed. In such cases no refund shall be issued for unused services or remaining subscription time. Usage of the software is restricted to licensed Providers. The uploading of viruses, spyware, adware, or other forms of malicious software may result in immediate termination of the offending account. In such cases no refund shall be issued for unused services or remaining subscription time.
Files uploaded to the website must pertain to one of the following categories as determined by the Parties:
– Patient Treatment
– Patient Education
– Whatmed retains all copyrights to the Whatmed software, its functions, the website design template, and all imagery as related to the design template, except for any content, trademarks or images provided to Patients by Providers
– The Whatmed software is not to be copied or reverse engineered in any way under penalty of all applicable international copyright laws.
– The client retains all copyrights to custom developed content and branding and images.
PLEASE NOTE THAT ALL CHARGES FOR SERVICES RENDERED TO PROVIDERS AND CLIENTS WILL BE LISTED ON AN ACCOUNT STATEMENT AS INITIATED BY “WHATMED”
YOU WILL INDEMNIFY AND HOLD HARMLESS, Whatmed, SC FROM AND AGAINST ANY COSTS, DAMAGES, EXPENSES, AND LIABILITIES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO ANY USER CONTENT, YOUR USE OF THE SERVICES OR ANY CONTENT, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE BENEFIT OF ANY LAW, LOCAL, STATE OR FEDERAL, LIMITING THE APPLICATION OF THE PROVISIONS OF THIS AGREEMENT RELATING TO INDEMNIFICATION OR RELEASE. SPECIFICALLY, FOR CALIFORNIA RESIDENTS YOU AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT MAY ARISE, RESULT, OR OCCUR AS A RESULT OF YOUR USE OF THE WEBSITE, OR FROM ENTERING INTO THIS AGREEMENT, MUST BE COMMENCED NOT LONGER THAN ONE (1) YEAR FROM THE DATE SUCH CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE YOU WAIVE ALL RIGHT TO BRING SUCH CAUSE OF ACTION OR CLAIM AND SUCH ACTION OR CLAIM IS FOREVER BARRED AND DISCHARGED.
This agreement shall be governed by and construed in accordance with the laws of the United States and the State of Illinois, as applied to agreements entered into and to be performed entirely within Illinois between Illinois residents.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the County of Will, State of Illinois before one arbitrator(s). The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.