These terms and conditions of use (“Terms of Use”) govern your access to and use of this website, located at www.velourmd.com/ (“Site”) operated by Velour Medical, PLLC and the services offered thereon, to facilitate non-emergency care between you and certain licensed physicians and/or other health care professionals (“Provider” or “Providers”). Velour Medical, PLLC, together with its parents, subsidiaries, affiliates, partners, employees and independent contractors are hereinafter collectively referred to as “Velour Medical”.
Please read these Terms of Use carefully, in their entirety, before using this Site. By continuing to use this Site, you agree to be bound by these Terms of Use, irrespective of any present or subsequent registration, if any. By accessing and using this service, you confirm and acknowledge that you are of legal age (at least 18 years old) and possess the legal capacity to enter into a binding contract. If you are accepting these Terms of Use on behalf of another person as such other person’s parent, guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such other person. If you do not agree to the Terms of Use, or are less than 18 years of age, please do not continue using this Site and exit the Site immediately. We reserve the right, in our sole discretion, to change, modify, amend, or delete all or portions of these Terms of Use at any time. Periodic review of these terms is recommended as your continued use of this Site following any revisions to the Terms of Use, will be deemed acceptance of such changes.
Please also consult our Privacy Policy located at https://www.velourmd.com/privacy-policy for a description of our privacy practices and policies, including the ways in which Velour Medical collects and handles your financial information and any personal health information you share. Please note, that any and all data submitted by you to the Site, including registration and demographic data, is subject to our Privacy Policy, which is incorporated herein by reference.
This Site is for your personal and noncommercial use only. Use of the materials available on this Site for commercial or other unintended purposes is strictly prohibited. Removal of any copyright or other legal notices from any materials downloaded from the Site is strictly prohibited.
VELOUR MEDICAL MAKES NO REPRESENTATIONS REGARDING THE INFORMATION AND MATERIALS PROVIDED ON THIS SITE. ALL INFORMATION, SOFTWARE, SERVICES AND LINKS TO OTHER WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL VELOUR MEDICAL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE USE OF, OR INABILITY TO USE, ANY MATERIAL ON THIS SITE EVEN IF VELOUR MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your continued use of this Site constitutes your acceptance of these terms and conditions of use and waiver of liability on the part of Velour Medical
1. Your Use of Velour Medical: Not Professional Medical Advice. Through the Site, Velour Medical provides a service portal to promote communication and enable dissemination of both medical and non-medical information between you, physicians and/or other healthcare providers. A number of services are available through use of this Site, including, but not limited to, medical consultations and web-based consultations with a licensed physician, arranging for electronic medical record storage by the physician, providing certain online health-related information, arranging for prescription services by the physician and offering certain other related products, services and educational tools (“Services”). DO NOT RELY ON THIS SITE FOR EMERGENCY NEEDS. IF YOU ARE EXPERIENCING AN EMERGENCY CALL 911 OR OTHER EMERGENCY MEDICAL SERVICE.
The Site contains general information relating to various medical conditions and their treatment. However, the information on the Site does not constitute medical advice of any kind and is not intended to be, and should not be, construed as an attempt to offer or render a medical or mental health opinion or otherwise engage in the practice of medicine by Velour Medical. Such information is provided for informational purposes only. While Velour Medical strives to ensure the accuracy and timeliness of the information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Site or the information, products, services, or related graphics contained on the Site. Any reliance you place on such information is therefore strictly at your own risk.
The use of this Site does not establish a doctor-patient or professional relationship. It is important to consult with qualified healthcare professionals or experts for personalized advice or treatment related to specific medical conditions. The Site is available for facilitating communications between health services providers and consumers who choose to use the online service.
2. Accessibility. Here at Velour Medical, we value accessibility and implemented the following measures to maximize the accessibility of our content:
a. HTML Format: Our content is posted primarily in HTML format to make it compatible with various assistive technologies and screen readers.
b. Accessibility Testing: We conduct accessibility evaluations using Webflow's page audit tool.
c. Meaningful Text for Links: All links on our Site contain meaningful text that accurately describes their destination or purpose.
d. Assistance for Site Accessibility: If you need assistance accessing our Site, please reach out to info@velourmd.com.
We encourage you to contact info@velourmd.com should you find accessibility issues or have questions, comments or concerns while using our Site.
3. General Compliance. Velour Medical’s commitment to compliance with various laws and regulations ensures a high standard of ethical conduct and patient care. This includes complying with the following:
a. Stark Law: Stark Law prohibits physician self-referral for certain designated health services.
b. Anti-Kickback Statute: The Anti-Kickback Statute prohibits offering or accepting kickbacks, bribes, or other forms of remuneration in exchange for referrals or generating business.
c. HIPAA: the Health Insurance Portability and Accountability Act (“HIPAA”) provides guidance for safeguarding the privacy and security of patients' protected health information.
d. New York State Health Information Privacy and Security Act: the New York State Health Information Privacy and Security Act provides additional safeguards beyond HIPAA.
e. Internal Audits and Policy Reviews: We regularly audit and review our policies to ensure they conform to applicable laws and regulations.
f. Compliance Programs: We have established and implemented comprehensive compliance programs within our organization.
g. Education: We provide ongoing training and education to our employees, ensuring they are knowledgeable about compliance requirements and best practices.
h. Industry Standards: We strive to meet or exceed industry standards for compliance and ethical conduct.
4. Operation and Record Retention. Velour Medical reserves sole and absolute discretion with respect to the operation of the Site. Velour Medical may withdraw, suspend or discontinue any functionality or feature of the Services at any time, and from time to time. Velour Medical is responsible for maintaining data arising from use of the Services, but does not warrant the accuracy or completeness of the data stored; provided, however, that the Provider at all times maintains custodianship of any such data arising from use of the Services in compliance with all relevant local, state and federal laws. Velour Medical reserves the right to maintain, delete or destroy all or portions of communications and materials posted or updated to the Site pursuant to its internal record retention and/or destruction policies.
5. Ownership of the Site and Related Materials. All information and data within the Site and any material made available for download (collectively, “Materials”) are the exclusive property of Velour Medical, or its Providers, licensors and/or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws, as applicable. Any content, photos, artwork, videos, text, graphics, articles and other information uploaded, posted, displayed or otherwise provided by the Site (“Content”) and any Materials accessed through or made available for use or download through the Site may not be copied, distributed, modified, republished, reproduced, hyperlinked, downloaded, uploaded, posted, transmitted or used, in whole or in part, except for purposes authorized or approved in writing by Velour Medical. Velour Medical does not guarantee the accuracy, completeness or usefulness of any Materials or Content.
6. Security. In the event you choose to register as a user of this Site, you will be asked to complete the registration process by providing current, complete, and accurate information as required by Velour Medical. You will then be provided with a username and password unique to you. It is your sole responsibility to maintain the confidentiality of these identifiers, and not share or disclose them to any third party. You are responsible for all activities that occur under your username and password. Should access to the Site, or portions of the Site, be limited by requiring a username and password (“Protected Areas”), you agree to access Protected Areas using only your own username and password as provided by Velour Medical.
You further agree to (a) notify us of any actual or suspected unauthorized use of your username and password or any other breach of security and (b) make certain that you exit from your account at the end of each session. Velour Medical will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in feature if you have linked your Velour Medical account to any electronic mail service or other account. In addition, we encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. If you are under 18, you may use the Site only with the consent and supervision of a parent or guardian.
You may not use any manual process or scraper, crawler, spider, robot or other automated means of any kind to monitor, access or copy data on the Site, deep-link to any feature or Content on the Site, bypass our robot exclusion headers or other measures Velour Medical may use to prevent or restrict access to the Site.
Violation of system or network security may result in civil or criminal liability and Velour Medical hereby expressly reserves any and all of its rights to seek full legal recourse in the event of such violation. Velour Medical will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
You hereby agree to indemnify and hold harmless Velour Medical, Velour Medical’s successors, affiliates, and/or assigns and each of its and their respective directors, officers, managers, employees, members, agents, representative, licensors, successors, and/or assigns from and in respect of any and all losses, damages, claims, charges, obligations, liabilities, commitments, actions, proceedings, demands, judgments, assessments, penalties, costs, and expenses (including, without limitation, court costs, reasonable attorneys' fees and other reasonable professional fees and costs) and damages of any kind whatsoever, arising out of, in connection with or incident to any violation described in this Section 6.
7. Non-Discrimination Policy. Velour Medical is committed to providing equal access to our services and facilities for all individuals, regardless of race, color, national origin, age, disability, sex, sexual orientation, gender identity or expression, ancestry, citizenship status, marital or parental status, pregnancy, military or veteran status, religion, socioeconomic status, or any other category protected by law. We ensure:
a. Equal Treatment: We do not tolerate discrimination in any form, and all individuals are treated with fairness, dignity, and respect throughout their interactions with our organization.
b. Accessibility: We strive to ensure equal access to our services, including providing reasonable accommodations.
c. Compliance with Laws: We adhere to all applicable local, state, and federal laws that prohibit discrimination and promote equal opportunities.
8. Content of Community/Web Forums. Users may be able to post content (“User Content”) in certain areas on the Site, such as in connection with chats and in the comments sections for certain articles. You are solely responsible for any User Content you choose to publish on the Site. You represent and warrant that: (i) you own any and all of such User Content posted by you on the Site or otherwise have the right to grant the license rights granted in these Terms of Use; (ii) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of User Content on the Site does not result in a breach of any contract between you and a third party.
We do not guarantee the accuracy, completeness or usefulness of any User Content. Furthermore, Velour Medical does not endorse, nor is Velour Medical responsible for, the accuracy and reliability of any opinion, advice or statement made on the Site by any third party. Velour Medical assumes no responsibility and no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such User Content.
Velour Medical reserves the right, in our absolute and sole discretion, to reject, refuse to post or remove any User Content. Velour Medical expressly reserves the right to remove or revoke your registration and/or restrict, suspend, or terminate your access to the Site if Velour Medical determines, in our sole and absolute discretion, that you pose a threat to the Site and/or its users.
After posting your User Content to the Site, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By supplying User Content to any area of the Site, you automatically grant to Velour Medical an irrevocable, transferable, sublicensable, perpetual, non-exclusive, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content for purposes of maintaining the Site, and/or making User Content available, and you represent and warrant that you have the right to grant an irrevocable, transferable, sublicensable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such User Content. Additionally, Velour Medical shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such User Content.
The following is a partial list of the type of User Content that is illegal or prohibited to post on or through the Site. Prohibited User Content includes, but is not limited to User Content that:
a. is patently offensive and promotes fascism, bigotry, hatred, or physical harm of any kind against any group or individual;
b. harasses or advocates harassment of another person;
c. exploits people in a sexual or violent manner;
d. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
e. provides any telephone numbers, street addresses, last names, URLs or email addresses;
f. promotes information that you know or should know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
g. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
h. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
i. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
j. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
k. solicits personal information from anyone under 18 years of age;
l. solicits passwords from other users or personal identifying information for commercial or unlawful purposes from other users;
m. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
n. includes a photograph or video footage of another person that you have posted without that person’s consent or other third party content including but not limited to music, trademarks, logos, artwork or any other copyrighted, trademarked, or proprietary third party content that you have not secured permission to include on the Site.
9. Content Monitoring of Community/Web Forums. Velour Medical is under no obligation to screen or monitor Content or User Content, but may review Content or User Content from time to time at our sole discretion to review compliance with these Terms of Use. Velour Medical will make all determinations as to what Content or User Content is appropriate in our sole and absolute discretion. Velour Medical may include, edit or remove any Content or User Content at any time, and from time to time, without notice. Velour Medical may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that Velour Medical deems objectionable. Such devices or techniques are not perfect, and Velour Medical will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked. Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, Velour Medical may employ automated devices that delete or block email messages that exceed the limit. Velour Medical will not be responsible for such deleted or blocked messages.
10. Interaction Disclaimer. You are solely responsible for your interactions with other people, whether online or in person. Velour Medical is not responsible or liable for any loss or damage resulting from any interaction with other Site users, persons you meet through the Site, or persons who find you because of information shared on, by or through the Site. You agree to take reasonable precautions in all interactions with other users on the Site, and conduct any necessary investigation before meeting another person. Velour Medical is under no obligation to become involved with any user dispute, but may do so at its own discretion.
11. Payment for Premium Services. You are responsible for and shall timely pay all fees and charges incurred through your account at the rates that apply during the billing period for which such fees and charges accrued. The services offered by Providers can be found on the Site and through the Site. The rates for such Services can be requested by email. These may be modified or updated from time to time. It is your own responsibility to remain informed about the current rates for Services offered. You shall also be responsible for the payment of all applicable taxes generated by your use of this Site. Any payment made is non-refundable.
12.
You are responsible for maintaining a valid credit card account for payment at all times. We use a third-party payment processor (the “Payment Processor”) to link Velour Medical to your credit card account. By providing your credit card information, you hereby consent to the sharing of that information with the Payment Processor. This allows us to facilitate the processing of your payment securely and efficiently. Please note that we take the privacy and security of your personal information seriously, and we will only share it with trusted third parties as necessary to complete your transaction and comply with applicable laws and regulations. The processing of payments or credits, as applicable, in connection with your use of the Site will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to the Terms of Use. We encourage you to review the terms and conditions of the Payment Processor. Velour Medical is not responsible for any errors, losses or damages that may arise as a result from or in connection with any action or inaction by the Payment Processor or your credit card issuer. In connection with your use of the Services (and specifically in connection with your scheduling of a telephonic or in-person consultation with a Provider), Velour Medical will obtain certain transaction details, which Velour Medical will use solely in accordance with our Privacy Policy.
At present Velour Medical does not process any insurance claims, nor will the Providers process claims on your behalf. Although, the consultations/treatments you receive from Providers through the Site may or may not be covered by your insurance, it is solely up to you to contact your health plan provider to determine whether coverage applies, and to submit a claim. You are responsible for the full fee (and for paying the fee up front) regardless of whether you later are able to receive reimbursement from your health plan for all or part of the cost.
13. Accuracy and Integrity of Information. Although Velour Medical attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. The Site may contain typographical errors, inaccuracies or other errors, and unauthorized additions, deletions and alterations could be made to the Site by third parties or unauthorized parties. In the event that an inaccuracy arises, please inform Velour Medical so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Velour Medical shall have no responsibility or liability for information or Content posted to the Site from any non-Velour Medical affiliated third party.
14. Links to Other Sites. Velour Medical makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Velour Medical website, please understand that it is independent from Velour Medical, and that Velour Medical has no control over the content on that website. In addition, a link to a non-Velour Medical website does not mean that Velour Medical endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
15. Claims of Copyright Infringement. Velour Medical disclaims any responsibility or liability for copyrighted Materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. Velour Medical respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), Velour Medical will respond promptly to notices of alleged infringement that are reported to the Velour Medical designated Copyright Agent, identified below. 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 Velour Medical a notice (“Notice”) complying with the following requirements, as applicable;
a. Identify the copyrighted works that you claim have been infringed;
b. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found;
c. Provide your mailing address, telephone number, and, if available, email address; and
d. Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use),” and “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to info@velourmd.com.
If Velour Medical removes Content in response to a copyright or trademark notice, Velour Medical will notify you if you are party responsible for posting such Content and offer to provide you with a copy of the notice, as applicable. If you believe the Content was wrongly removed due to a mistake or misidentification of the material, a counter-notice may be filed with Velour Medical that includes the following:
a. Your physical or electronic signature;
b. Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
c. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
d. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the Providers may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
Upon receiving a counter-notice Velour Medical will forward it to the complaining party and tell them Velour Medical will restore Content within 10 business days. If that party does not notify Velour Medical that they have filed an action to enjoin your use of that Content before that period passes, Velour Medical will consider restoring Content to the site. It is Velour Medical’s policy to close the accounts of users Velour Medical identifies as repeat infringers. Velour Medical applies this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing on the copyrights or other intellectual property rights of others.
16. Disclaimer of Warranties. VELOUR MEDICAL DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. VELOUR MEDICAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ACKNOWLEDGE THAT ACCESS TO THE SITE WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, “CARRIER LINES”) OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND VELOUR MEDICAL’S CONTROL. VELOUR MEDICAL ASSUMES NO LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.
VELOUR MEDICAL IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR DATA, FACILITIES OR EQUIPMENT BY INDIVIDUALS OR ENTITIES USING THE SITE FOR UNAUTHORIZED ACCESS TO CAUSE, ALTERATION, THEFT, DISSEMINATION, CORRUPTION, LOSS OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH THE SYSTEM, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS BY ANY AUTHORIZED USER, OR ANY OTHER PERSON, ENTITY, THIRD PARTY OR OTHER. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL OUTPUT AND REPORTS, AND FOR PROTECTING YOUR DATA AND PROGRAMS FROM LOSS BY IMPLEMENTING APPROPRIATE SECURITY MEASURES, INCLUDING ROUTINE BACKUP PROCEDURES. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY UNAUTHORIZED DISSEMINATION OF DATA, LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE. VELOUR MEDICAL IS NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED THROUGH OUR PROVISION OF THE SITE.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. VELOUR MEDICAL DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
THE INFORMATION CONTAINED ON THIS SITE IS PROVIDED AS A SERVICE TO THE INTERNET COMMUNITY, AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE, NOR THE PROVISION OF MEDICAL SERVICES, OR OF RENDERING HEALTH CARE. WE TRY TO PROVIDE QUALITY INFORMATION, BUT WE MAKE NO CLAIMS, PROMISES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE INFORMATION CONTAINED ON THE SITE. AS THE PRACTICE OF MEDICINE AND THE PROVISION OF MEDICAL AND OTHER PROFESSIONAL SERVICES MUST BE TAILORED TO THE SPECIFIC CIRCUMSTANCES OF EACH CASE, AND MEDICINE IS CONSTANTLY CHANGING AND ADVANCING, NOTHING PROVIDED HEREIN SHOULD BE USED AS A SUBSTITUTE FOR THE ADVICE OF YOUR REGULAR HEALTHCARE PROVIDERS.
17. Limitation of Liability Regarding Use of Site. THE SITE IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY OR IN CASE OF AN URGENT HEALTHCARE NEED. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL 911 IMMEDIATELY.
THE CONTENT OF THE SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. RELIANCE ON ANY INFORMATION APPEARING ON THIS SITE, WHETHER PROVIDED BY VELOUR MEDICAL, ITS CONTENT, MEDICAL EXPERTS, CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VELOUR MEDICAL AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE UNAUTHORIZED DISSEMINATION OF DATA, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VELOUR MEDICAL IS NOT ASSUMING LIABILITY, AND, THEREFORE SHALL NOT BE LIABLE FOR ANY CLAIMS, DEBTS, LIABILITIES, OBLIGATIONS, COSTS, EXPENSES, ACTIONS, CAUSES OF ACTION AND CLAIMS FOR RELIEF AS A RESULT OF ANY CLAIM, AUDIT, INVESTIGATION, LITIGATION OR ARBITRATION, OR ANY OTHER CAUSE, WHATSOEVER, REGARDLESS OF WHETHER OR NOT SUCH LOSS OR DAMAGE WAS CAUSED BY OR CONTRIBUTED TO BY VELOUR MEDICAL’S NEGLIGENT PERFORMANCE, OR FAILURE TO PERFORM ANY OBLIGATION. YOU HEREBY RELEASE VELOUR MEDICAL FROM ANY CLAIMS FOR CONTRIBUTION OR INDEMNITY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF VELOUR MEDICAL TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $75.00 (SEVENTY FIVE DOLLARS).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION" MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU. YOU ACKNOWLEDGE AND AGREE THAT THE FEES AND OTHER CHARGES WHICH VELOUR MEDICAL IS CHARGING UNDER THIS AGREEMENT DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY VELOUR MEDICAL OF THE RISK OF YOUR'S DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR OF UNLIMITED DIRECT DAMAGES.
18. No Liability for Content. YOU AGREE THAT VELOUR MEDICAL WILL NOT BE LIABLE FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO CONTENT THAT IS SENT, RECEIVED, HELD, RELEASED OR OTHERWISE CONNECTED IN ANY RESPECT TO THE SITE OR ITS RELATED SERVICES, CONTENT THAT IS UPLOADED OR DOWNLOADED BUT NOT RECEIVED, AND CONTENT SENT USING AND/OR INCLUDED IN THE SERVICES, INCLUDING WITHOUT LIMITATION ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONTENT; FURTHER, YOU AGREE THAT VELOUR MEDICAL WILL NOT BE LIABLE FOR ANY ACCESS TO OR ALTERATION OF SUCH CONTENT OR FOR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING PRIVACY, INTELLECTUAL PROPERTY, OR DATA PROTECTION RIGHTS ARISING FROM SUCH PROVIDER-GENERATED OR PATIENT USER-GENERATED CONTENT, OR FROM THE CONDUCT OF PHYSICIAN USERS, PATIENT USERS, OR THIRD PARTIES OTHER THAN WHICH MAY BE THE RESULT OF VELOUR MEDICAL’S WILLFUL CONDUCT.
19. No Warranty. YOU AGREE THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY, WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, CONDITIONS, REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, COMPLETENESS, ADEQUACY AND NONINFRINGEMENT OR WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OR TRADE ARE EXCLUDED BY VELOUR MEDICAL, AND VELOUR MEDICAL DOES NOT WARRANT THAT THE PROGRAMS WILL MEET THE REQUIREMENTS OF ANY PERSON AND OPERATE ON AN UNINTERRUPTED OR ERROR-FREE BASIS. YOU ACKNOWLEDGE YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SITE, INCLUDING INACCURATE OR INCOMPLETE INFORMATION.
20. Indemnity. You hereby agree to indemnify and hold harmless Velour Medical, Velour Medical’s affiliates, successors and assigns and each of its and their respective directors, officers, managers, employees, members, agents, representative, licensors, successors, and assigns from and in respect of any and all losses, damages, expense, claims, charges, obligations, liabilities, commitments, actions, proceedings, demands, judgments, assessments, penalties, costs, and expenses (including, without limitation, court costs, reasonable attorneys' fees and other reasonable professional fees and costs) and damages of any kind whatsoever, arising out of: (a) use of the Services; or (b) violation of these Terms of Use.
21. Dispute Resolution. Velour Medical will use reasonable efforts to resolve any issue you may have with the Site, including Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, Velour Medical realizes that there may be rare cases where Velour Medical may not be able to resolve an issue to a customer’s satisfaction. In the event Velour Medical cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Services or the Terms of Use will be governed by the laws of the State of New York, without regard to its conflicts of laws rules. You hereby waive any objections to such jurisdiction or venue. Any claims or controversies arising out of or relate to the use and access of the Site shall be exclusively in state courts of Nassau County, New York.
22. Force Majeure. Velour Medical will not be deemed to be in breach of these Terms of Use or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.
23. Right to Modify Revisions; General. Velour Medical reserves the right to terminate your access to this Site, with or without cause and without notice. Additionally, Velour Medical may modify these Terms of Use at any time, effective upon posting. By visiting the Site, you agree and acknowledge that you are bound to the revised terms. It is your responsibility to review the Terms of Use each time you access the Site to stay informed about any changes. If any provisions of the Terms of Use are deemed unenforceable by a court, those provisions will be limited or eliminated to the minimum extent necessary while the remaining terms will remain in full force and effect. These Terms of Use constitute the entire agreement between Velour Medical and you regarding the subject matter. Velour Medical may update these Terms of Use at its sole discretion. Please visit this page periodically to review the current Terms of Use. Certain provisions of the Terms of Use may be superseded by specific legal notices or terms on specific pages of the Site.
24. Acceptance of Terms and Conditions of Use. BY CLICKING ON “REQUEST APPOINTMENT” ON THE SITE SIGN UP PAGE, YOU REPRESENT THAT: (I) YOU HAVE READ AND UNDERSTAND AND AGREE TO THE TERMS OF USE; AND (II) YOU ARE AT LEAST 18 YEARS OF AGE; OR (III) IF YOU ARE ACTING ON BEHALF OF A MINOR OR INCAPACITATED PERSON, YOU ARE THE PARENT, GUARDIAN, REPRESENTATIVE, OR OTHERWISE LEGALLY AUTHORIZED TO ACCEPT THESE TERMS ON THEIR BEHALF. If you do not agree to the terms of this agreement, you may not use the Site. By clicking on “REQUEST APPOINTMENT” on the checkout page, your electronic acceptance of this agreement, and the terms of use set forth herein, has the same effect as if you had actually signed this agreement. The effective date of this agreement is the date upon which you first click “REQUEST APPOINTMENT”.
25. Consent to Electronic Communications. When you use any of the Services, or send emails, text messages and other communications from your desktop, mobile or similar device to us, you are communicating to Velour Medical electronically. You consent to receive communications from Velour Medical electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that Velour Medical provides to you electronically satisfy any legal requirement that these notices and other communications be in writing. You agree to update your contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and Velour Medical. It is important to note that emails, calls, and texts may not be secure or encrypted. While we make efforts to protect the privacy and security of these communications, there is a potential risk of unauthorized access or interception. We are committed to complying with HIPAA and the Electronic Communications Privacy Act (“ECPA”). The ECPA is a federal law that safeguards wire, oral, and electronic communications during transmission and storage. This law applies to various forms of electronic communication, including email, telephone conversations, and electronically stored data. You may revoke your consent at any time by providing a written notice of revocation to info@velourmd.com.
