Last updated September 2015
2. The TouchCare Services Offer a Teleconsultation Venue. The TouchCare Services offer a venue to connect Users with persons providing medical diagnosis, treatment, or consultation (“Medical Service Providers”) over the internet (each connection, a “Teleconsultation”). User understands and agrees that TouchCare has no control over the acts or omissions of any User or Medical Service Providers on or off the TouchCare Services and that TouchCare makes no representations or warranties about the quality of the diagnosis, treatment, or consultation provided by any Medical Service Providers. User understands and agrees that TouchCare is not responsible for the performance or conduct, whether on or off the TouchCare Services, of any Users or Medical Service Providers.As such, TouchCare expressly disclaims, and each User expressly releases TouchCare from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the TouchCare Services, including without limitation any acts and/or omissions of Users and/or Medical Service Providers on or off the TouchCare Services. Additionally, TouchCare expressly disclaims, and each User expressly releases TouchCare from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to disputes between Users and Medical Service Providers.
3. Use of the TouchCare Services – NOT FOR EMERGENCIES. The TouchCare Services are NOT FOR use for medical EMERGENCIES. Users who believe they are experiencing life-threatening health conditions should call 911, call their regular physician, or go directly to an emergency room.
4. Prescribing through TouchCare. As a result of a Teleconsultation, Medical Service Providers may, in their discretion and based upon applicable laws of the State in which the User is physically present during the Teleconsultation, prescribe certain medically necessary medications for such User. No controlled substances will be prescribed to any User through the TouchCare Services. Medical Service Providers who prescribe for a User will make every effort to submit such prescriptions to a pharmacy of the User’s choice. User understands and agrees that use of the TouchCare Services does not guarantee that a prescription will be issued after any Teleconsultation.
6. Use of the TouchCare Services. User agrees to use the TouchCare Services in a manner that is lawful, relevant, and proper to the applicable forum. Any use of the TouchCare Services that TouchCare, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. TouchCare reserves the right, in its sole discretion, to suspend and/or terminate any User with or without notice at any time in its sole discretion, for any reason or no reason. Each such suspended and/or terminated User agrees to make no further use of the TouchCare Services after termination or during suspension. User understands and agrees not to, and not to permit or encourage anyone else to:
- Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
- Use the TouchCare Services for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
- Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
- Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
- Take any action that would undermine any aspect of the TouchCare Services;
- Attempt to gain unauthorized access to the TouchCare Services, other User accounts, or other devices, computer systems or networks connected to the TouchCare Services;
- Advertise or offer to sell any goods or services for any commercial purpose on the TouchCare Services that are not appropriate or relevant to the TouchCare Services;
- Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the TouchCare Services, except where sponsored or created by TouchCare;
- Impersonate another person or allow any other person or entity to use User’s user name or password;
- Post the same content repeatedly or spam – spamming is strictly prohibited;
- Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the TouchCare Services;
- Access, download, or copy any information, content and/or materials from the TouchCare Services through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the TouchCare Services; or
- Restrict or inhibit any other User from using and enjoying the TouchCare Services.
In addition, User understands and agrees that User should not disclose medical information when communicating with TouchCare customer support, either by email at support@TouchCare.com, by phone, or by any other means, and that any medical information so disclosed is not subject to federal or state medical privacy regulations. TouchCare reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to TouchCare in its sole discretion. User may report any alleged improprieties by any User to TouchCare by email at support@TouchCare.com.
7. Account Security. User is solely responsible for maintaining the confidentiality of passwords and account information for the TouchCare Services, and User is fully responsible for all activities that occur under User’s account. User agrees to immediately notify TouchCare of any unauthorized use of accounts or any other breach of security.
9. COPPA Compliance. The TouchCare Services are not developed nor intended for children. Therefore, TouchCare will not knowingly collect any information from anyone under the age of 18 unless such individual has been legally emancipated. Users must identify their age during the registration process. TouchCare expressly disclaims, and each User expressly releases TouchCare from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. TouchCare reserves the right to suspend and/or terminate with or without notice the subscription of any User who it believes has provided false information when registering for and/or using the TouchCare Services, and each User agrees to make no further use of the TouchCare Services after any such termination and/or during suspension.
11. Billing and Payment Policy. TouchCare reserves the right, at any time, to modify its fees and/or billing methods. Upon subscription, User agrees to pay TouchCare and/or the Medical Service Provider (as applicable) at the prices then in effect, and User authorizes TouchCare to charge its chosen payment provider in connection therewith. TouchCare reserves the right to correct any payment errors even if it has already requested and/or received payment.
TouchCare may use third party payment processing services to process credit card information. While TouchCare will use commercially reasonable efforts to protect the privacy of all personal and financial information, TouchCare expressly disclaims any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages, arising from and/or in any way related to TouchCare’s use of third party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about TouchCare’s use of payment processing services, please contact TouchCare by email at support@TouchCare.com.
TouchCare may offer limited-time, free trials or other promotions from time to time. If User continues his or her subscription after the end of the free trial or promotional period, User will be charged the agreed price for the applicable TouchCare Services. To avoid such charges, Users with free trial or promotional terms must cancel their subscriptions prior to the end of the free trial or promotional period.
12. Renewal and Cancellation. Subscriptions may be automatically extended for successive renewal periods of the same duration as the term originally selected. TouchCare may continue to renew subscriptions until User requests a cancellation. To cancel, User may contact TouchCare by email at support@TouchCare.com, or by changing User’s account settings. If User cancels, User will have access to the benefits until the end of the then-current term; the subscription will not be renewed after that term expires. User will not be eligible for a refund of any portion of the fees paid for the then-current term. TouchCare is not responsible for and will not reimburse any fees incurred by Users from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by TouchCare.
15. Intellectual Property Rights. All information, materials and content, including without limitation text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) on the TouchCare Services is owned by TouchCare or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. TouchCare also owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a collective work and/or compilation under the United States Copyright Act, as amended. User may not copy, download, use, redesign, reconfigure, or retransmit anything from the TouchCare Services without TouchCare’s prior express written permission. Furthermore, User is not allowed to post, distribute or reproduce any User Information that he or she does not own, or which he or she does not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and may subject User to termination or suspension from the TouchCare Services and/or civil and/or criminal penalties. In addition, the TouchCare Services contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of TouchCare and/or the relevant right holder.
The service marks, trademarks, logos and trade names appearing on this TouchCare Services are owned by TouchCare or are appearing on the TouchCare Services with permission of the respective owners and User acknowledges the rights of TouchCare and the respective third parties therein. User may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
16. Copyright Complaints and Copyright Agent. It is TouchCare’s policy to terminate any User who infringes the rights of others upon receipt of notification to TouchCare by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. Upon receipt of proper notice of claimed infringement under the DMCA, TouchCare will respond to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. If you believe that your work has been copied and posted on or made accessible through the TouchCare Services in a way that constitutes copyright infringement, please provide TouchCare’s designated agent with the following information:
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location on the TouchCare Services where the material the User claims is infringed is located. Include enough information to allow TouchCare to locate the material;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
TouchCare’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached at the following address: by e-mail support@TouchCare.com, with the subject line “DMCA.”
18. U.S. Export Controls. The TouchCare Services are subject to United States export controls. No part of the TouchCare Services may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the TouchCare Services, User represents and warrants that User is not located in, under the control of, or a national or resident of any such country or on any such list.
21. Modifications to the TouchCare Services. TouchCare reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the TouchCare Services and/or any information, materials or content on the TouchCare Services with or without notice to Users. User agrees that TouchCare shall not be liable to User or any third party for any modification or discontinuance of the TouchCare Services or any portion thereof.
24. Disclaimer of Warranties. THE TOUCHCARE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. USER EXPRESSLY AGREES THAT USE OF THE TOUCHCARE SERVICES IS AT USER’S SOLE RISK. TOUCHCARE DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE TOUCHCARE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE TOUCHCARE SERVICES WILL BE RELIABLE, ACCURATE, TIMELY OR COMPLETE; (C) THE PROPER CONDUCT, WHETHER ON OR OFF THE TOUCHCARE SERVICES, OF ANY USERS OR MEDICAL SERVICE PROVIDERS; AND (D) THE USE OF PHONE SUPPORT SERVICES. TOUCHCARE DOES NOT REPRESENT OR WARRANT THAT THE TOUCHCARE SERVICES ARE FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. TOUCHCARE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. TOUCHCARE SHALL NOT BE LIABLE FOR, AND EACH USER EXPRESSLY RELEASES TOUCHCARE FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE TOUCHCARE SERVICES.
25. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL TOUCHCARE BE LIABLE TO USER OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF TOUCHCARE TO ANY USER WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY USER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.
27. Notice. Any notice or other communication to be given hereunder shall be in writing and given by postpaid registered or certified mail return receipt requested, or electronic mail to the address listed below.
30. Contact. TouchCare may be contacted at:
By email: support@TouchCare.com
By mail: 208 Rigsbee Avenue, Durham, North Carolina 27701