- 1. Using Our Services
- 2. Provider Assessment
- 3. Medical Services for Consumers
- 4. Services for Healthcare Providers (HP)
- 5. Advertising and Communications
- 6. Copyright
- 7. Software
- 8. Disclaimers and Acknowledgements Regarding Use of Health Information
- 9. Limitation of Liability
- 10. User Posted Content & Other Interactive Services or Areas
- 11. Indemnification
- 12. Modifications
- 13. Applicable Law and Venue
- 14. Termination
- 15. Entire Agreement
- 16. Waiver, Severability & Assignment
- 17. Questions & Contact Information
1. Using Our Services
No use of the Services is permitted by those under the age of majority in their state of residence. In no event is use of the Services permitted by those under the age of 18. If you are using the Services on behalf of any entity, then you are agreeing to these Terms on behalf of that entity. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owners or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services except if duely licensed or franchised. You may not remove, obscure, or alter any legal notices displayed in or along with our Services. Some of our Services are available on mobile devices.
Do not use such Services in a way that distracts you and prevents you from safe operation of an automobile and obeying traffic according to safety laws.
2. Provider assessment and enrollment
ReMDAS’s assessment and enrollment of a given healthcare provider is based upon the information obtained by or submitted to ReMDAS. Notwithstanding ReMDAS exhaustive and painstaking due diligence in verification and credentialing of Providers, someone else’s assessment of the same healthcare provider may be very different, or be based upon different sets of information. A ReMDAS enrollment and subsequent rating is a reflection of a healthcare provider’s historical professional quality, competency, or character. It is not a guarantee of any future performance. Nor is the ReMDAS Rating a predictor of the outcome of any encounter in which such healthcare provider is involved. Rather, the ReMDAS enrollment and Rating is intended to be a starting point knowing that every provider presented to the service consumer on its network has passed through a rigorous vetting process and judged suitable for your healthcare needs - but you should not rely solely on the ReMDAS Rating in deciding whether to retain any given healthcare provider.
3. Medical Services for Consumers
ReMDAS provides the platform for telehealth services offered by licensed practicing providers, physicians, groups and facilities that are professionally licensed entities individually or as groups. ReMDAS does not itself purport to be physicians,or provider of healthcare services. We provide a number of methods by which a party can access, offer and receive health services, although some of these methods involve ReMDAS processing a transaction on your behalf, but in all instances ReMDAS is simply the intermediary in those transactions. The fees you pay for such services are charged by the healthcare provider and passed through to the healthcare provider once services have been rendered. Payment made by you is not conditional on receiving a certain diagnoses or particular treatment, such as receipt of a prescription.
Any physician-patient relationship formed as a result of such encounters is between you and the healthcare provider and not between you and ReMDAS. Furthermore, you understand that ReMDAS cannot be held responsible for the quality or accuracy of any information or services provided by a healthcare providers you connect with via ReMDAS.
4. Services for Healthcare Providers (HP)
Healthcare providers engaging in a remote and virtual patient care agree to the following :
Uphold the code of ethics for their profession and be aware of the codes for other professional disciplines.
Abide by all federal, state, and jurisdictional laws and regulations. Agree to adhere to relevant institutional policies.
Telemedicine may be the sole method used by a Provider to deliver healthcare and treatment in circumstances when appropriate. Telemedicine shall not be employed as a means of preferentially avoiding in-person encounters based on geographic location, socio-economic status, disease or disability, gender, gender preferences or sexual orientation, behavioral factors, ethnicity, religion, etc. An exception to this rule may be the avoidance of in-person visits during epidemics or pandemics, in pursuance of public health concerns and directives, to avoid and contain the spread of infectious diseases.
Providers are required to apprise patient of their rights when receiving telemedicine, including the right to suspend or refuse treatment. Providers are required to apprise patients of their own responsibilities of ensuring privacy when only the recipient party in a remote site can provide such privacy when participating in telemedicine.
Agree to inform patients of the existence of a formal complaint or grievance process to resolve ethical
concerns or issues that might arise as a result of participation in a telemedicine encounter .
Agree to discuss the potential benefits, constraints and risks (e.g., privacy and security) of telemedicine.
Agree to inform patients and obtain their consent when students or trainees or any other third party is present to observe the encounter.
5. Advertising and Communications
It is solely the responsibility of healthcare providers to ensure that any information or advertisements they post or place on the ReMDAS website (including without limitation any Health Information), and any communications they may have with prospective patients through ReMDAS, fully complies with all applicable law and rules of professional conduct, including those concerning the unauthorized practice of medicine and those regulating the form, manner or content of communications with patients, advertising, or other matters.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with ReMDAS’s Designated Copyright Agent:
ReMDAS Copyright Agent c/o
34 Union Avenue, Suite 102, Irvington, NJ 07111
Some of our Services may allow you to download client software ("Software") which may update automatically; you agree that these Terms will apply to such upgrades. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so. ReMDAS shall provide information to both parties concerning technology or equipment failures during service sessions, the contingency plans in case of technical failure and providers of service agree to document such appropriately as required.
8. Disclaimers and Acknowledgements Regarding Use of Health Information
While ReMDAS strives to provide—and to allow healthcare providers to provide—useful information regarding healthcare providers and medical services,there are some things that we cannot guarantee. You acknowledge that such information consists of third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that medical and other information may be incomplete, may contain inaccuracies, or may be based on opinion. REMDAS DOES NOT SCREEN SUCH INFORMATION FOR ACCURACY OR RELIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, REMDAS AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” REMDAS ALSO DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL REMDAS OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY MEDICAL ENCOUNTER ; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF HEALTH INFORMATION. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF REMDAS, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, IS LIMITED TO THE AMOUNT YOU PAID TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICES.
10. User Posted Content & Other Interactive Services or Areas
ReMDAS includes interactive areas in which you may post content and information, including peer and client reviews, questions and answers, comments, photos, and other materials (the “User Content”). You retain all rights in, and are solely responsible for, the User Content you post to ReMDAS. You are also solely responsible for your use of such interactive features, and use them at your own risk. By using any interactive feature, you agree to comply with the ReMDAS Community Guidelines. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. When you post User Content to ReMDAS, you give ReMDAS and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a profile on the ReMDAS platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
You agree to defend, indemnify and hold harmless ReMDAS, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
ReMDAS may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email or posting on the ReMDAS Forum). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.
13. Applicable Law and Venue
The laws of the State of New Jersey, excluding its conflict of law provisions, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the state or federal courts located in Essex County, New Jersey, and you and ReMDAS consent to personal jurisdiction and exclusive venue in such courts.
Notwithstanding any of these Terms, ReMDAS reserves the right, without notice and in its sole discretion, to terminate your license and/or rights to use the Services, and to block or prevent your access to and use of the Services. ReMDAS reserves the right to refuse service to anyone for any reason at any time. In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communications you stored or effected via the Services, or any other data.
15. Entire Agreement
These Terms constitute the entire agreement between you and ReMDAS with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.
16. Waiver, Severability & Assignment
ReMDAS’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term or terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. ReMDAS may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
17. Questions & Contact Information
If you have any question regarding the use of the Site, please refer first to the FAQ. All other questions or comments about the Site or its contents should be directed to Customer Care.