Advanced Practice Telemedicine Website Terms of Use
Last Updated: 9/7/2023
Thank you for using the web site located at aptelemedicine.com (“Site”), which is owned and provided by Advanced Practice Telemedicine, LLC. (“APT,” “we,” “us,” and “our”). The term “Site” also includes any other web site provided by APT or its affiliates and subsidiaries that links to these Terms of Use (“Terms”), as well as any additional or different terms and/or conditions that may apply to your use of the Site or to a service or product offered via the Site (in each such instance and collectively, “Additional Terms”). Please read these Terms carefully before accessing or participating in any Site or other online platform or service available on or through the Sites.
By using and accessing the Sites, you acknowledge that you have read the Terms and agree to be bound by and comply with them. APT may revise and update these Terms at any time. Accordingly, we suggest that you check the Site periodically for any such updates. Your continued usage of the Site after such updates means you accept those updates. If you do not agree to these Terms, please do not access or use the Sites.
Medical Disclaimer
If you are experiencing a medical emergency, you should not rely on any information on the Site and should seek appropriate emergency medical assistance, such as calling “911”. You should always talk to your healthcare professionals for diagnosis and treatment, including information regarding which drugs or treatment may be appropriate for you. Statements made by any persons on these Sites are not intended to substitute for discussion or evaluation with your healthcare professional or provide any guarantee as to outcomes. The information and content provided on or accessed through this Site are intended for general, noncommercial informational purposes only, and do not constitute the practice of medical or any other professional judgment, advice, diagnosis or treatment, and should not be considered or used as a substitute for the independent professional judgment, advice, diagnosis or treatment of a duly licensed and qualified healthcare provider. The use of this Site does not create a physician-patient relationship and does not obligated APT to follow-up or contact users of the Site.
The Sites are intended for a United States audience. If you live outside the United States, you may see information on the Sites about products or therapies that are not authorized in your country.
Proper Use of This Site
The Site and its content are provided by APT solely to users over the age of 18. This website is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.
Restrictions on Use
You agree that you will not:
copy, reproduce, alter, modify, create derivative works from, or publicly display any content, including without limitation any trademarks or service marks, without prior written permission from APT or the applicable third party licensor;
Upload or transmit any communications or content of any type that may infringe or violate any rights of any party
Use this Site for any purpose in violation of local, state, national or international laws
Use this Site as a means to distribute advertising or other unsolicited material to any third party
Post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity
Attempt to disable, “hack” or otherwise interfere with the proper functioning of this Site
Interfere with the operation of the Site, or, restrict, disrupt or inhibit any other user from using and enjoying the Sites and services;
Post or otherwise transmit any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component that may compromise the security of the Site; or
Access or attempt to access any portion of the Sites to which you have not been explicitly granted access;
Such conduct is unacceptable and may result in the termination of your use of the Site. If you use any part of the Site requiring secure access, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Intellectual Property
The Sites and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Content”) are owned by APT, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
All trademarks, service marks and logos or copyrights displayed and used on these Sites are the property of their respective owners. Nothing on the Sites should be construed as granting any right or license to use any trademark without the written permission of its owner. Any other use of the materials is strictly prohibited without the prior written permission of APT and the permission of the applicable rights holder(s). The content and design of the Site is protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit or frame any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single computer for personal, noncommercial use only, so long as: you do not alter or modify the materials in any way; you include all applicable notices and disclaimers (including copyright notices); and you do not use the materials in a way that suggests an association with Advanced Practice Telemedicine.
User Generated Content
Advanced Practice Telemedicine may now, or in the future, offer users of the Sites the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Site, or on or in response to our pages or posts on any third-party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a sweepstakes or contest, or by otherwise sending it to us) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Content included therein, “UGC”). Except to the extent of the rights and license you grant in these Terms of Use and, subject to any applicable Additional Terms, you retain whatever legally cognizable right, title, and interest that you have in your UGC.
Any UGC you submit to will be considered non-confidential and non-proprietary. Except as otherwise described in any applicable Additional Terms (such as a promotion’s official rules), which specifically govern the submission of your UGC, or in our Privacy Policy, you hereby grant APT and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, publish, disclose, distribute, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof) for any purpose and to advertise, market, and promote the same.
Each time you submit any UGC, you represent and warrant that: (a) you own or control all rights in and to the UGC you submit and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (ii) the UGC will not violate these Terms of User or any applicable Additional Terms; and (iii) the UGC does not and, as to APT’s permitted uses and exploitation set forth in these Terms of Use, will not infringe any intellectual property or other right of any third-party.
Links to Third Party Websites
The Site may display, include, or make available content, data, information, applications, or materials from third parties or provide links to certain third-party content that is not owned, controlled, or operated by APT but may display APT trademarks (“Third Party Site,” “Third Party Sites”). These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose.
APT does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third Party Site or its content. A link to a Third Party Site on the APT Site does not constitute sponsorship, endorsement, approval or responsibility for any Third Party Site. APT makes no representation or warranty as to any products or services offered on any Third Party Site. The conditions of use and privacy policy of any Third Party Site may differ substantially from the conditions of use and legal notices that apply to your use of the Site. Please review the conditions of use for all Third Party Sites for more information about the terms and conditions that apply to your use of Third Party Sites.
Limitation of Liability
THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT WILL APT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO : (I) OUR SITE; (II) THESE TERMS; (III) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY; (IV) USE OF THE SITE, CONTENT, UGC, TOOLS, OR SERVICES WE OR ANY THIRD PARTY PROVIDES THROUGH THE SITE INCLUDING ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION OR CONTENT CONTAINED ON OR ACCESSED THROUGH THIS SITE; OR (V) THE INTERACTION BETWEEN OUR SITE AND ANY THIRD-PARTY SERVICE BY A TOOL OR SERVICE ON OUR SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against APT, its affiliates and subsidiaries from any and all liability for any and all claims, suits, damages, fines, penalties, costs, expenses (including costs and attorneys’ fees) or other losses of any kind or nature (“Loss”), arising out of or in any way connected with you access to or use or disclosure of the Site or its content, whether or not APT has been advised of the possibility of such Loss.
Disclaimers
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE APT PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH OR OTHERWISE RELATED TO THE SITE, INCLUDING THE CONTENT OR UGC, OR FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SERVICE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES, MALICIOUS SOFTWARE, OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR PERSONAL INFORMATION MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR OTHER CONTENT TO US AND/OR BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND APT.
Indemnification
You agree to defend, indemnify, and hold harmless the APT Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Site; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party, including any intellectual property, publicity, confidentiality, property, or privacy right; or (v) any misrepresentation made by you.
International Issues
This Site and the information and content provided on or accessed through this Site are intended for use within the United States of America (“USA”). Use of this Site and the services described on this Site may be subject to additional laws and regulations or otherwise prohibited or restricted in countries outside the USA. If you use or access this Site from outside the USA, you do so at your own risk and are fully responsible for complying with the laws and regulations of the territory from which you access or use this Site. It is your responsibility to comply with local, state, federal and international laws applicable to his or her use of this Site and the information and content provided on or accessed through this Site.
Electronic Contracting
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 agree that any time you electronically transact, agree, or consent via the Site it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Site, other than to read the Terms (or Additional Terms) and Privacy Policy, constitutes agreement to the Terms, and any applicable Additional Terms, then posted without further action by you.
Updates to these Terms
APT reserves the right to update or modify these Terms at any time without notice. Updates and modifications will be effective upon our posting the modified Terms on the Site, as reflected by the “Last Updated” date at the top of this page. Your continued use of the Site constitutes your agreement to be bound by these Terms.
Termination; Survival
We may suspend or terminate your access to the Site, in whole or in part, at any time, without notice, for any reason, and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to APT under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Site, or upon notice from APT, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site. The provisions of these Terms and any applicable Additional Terms which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to APT in these Terms as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, jury waiver, and mandatory arbitration.
Miscellaneous
These Terms and any applicable Additional Terms will be governed by and construed in accordance with the laws of the laws of the State of Georgia, United States of America, and resolved in the courts of the State of Georgia in Atlanta, Fulton County, Georgia or in the U.S. District Court for the Northern District of Georgia, without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. Each of the parties hereto consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any action or proceeding brought hereunder and waives any objection to venue laid therein.
Because the Site is controlled, operated and provided by APT from Georgia and is made available only for educational or informational purposes, you agree that APT’s actions hereunder do not constitute “doing business” in any specific jurisdiction or soliciting business for APT or any of its affiliates or subsidiaries or establishing “minimum contacts” in any state outside of Georgia. APT may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of APT. Unless otherwise specified, these Terms constitute the entire agreement between you and APT. If any part of these Terms is held illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of APT to act with respect to a breach by you or others does not waive APT’s right to act with respect to subsequent or similar breaches. APT’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing signed by an officer of APT.
Contact Us
Questions regarding the website and social media policies may be directed to ckitchens@aptelemedicine.com.
