Jan 20, 2022
These terms and conditions of use ("Terms") govern your use of our online interfaces and properties (e.g websites, mobile applications, portals) owned and controlled by CirrusMD Inc. its affiliates or subsidiaries ("CirrusMD"), including, but not limited to the www.cirrusmd.com website ("Site") or the CirrusMD technology services available to you through any Site or any other websites which are not owned and controlled by CirrusMD. (collectively "Services").
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL "911" IMMEDIATELY.
Your compliance with the Terms is a condition to your use of the Site and Services. These Terms are a legally binding contract. Please be aware that these terms include limitations of liability and indemnification obligations.
BY USING THE CIRRUSMD SITE AND/OR SERVICES YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OR OLDER; AND (C) ACCEPT AND AGREE YOU ARE LEGALLY BOUND BY THE TERMS.
CirrusMD does not provide any physicians' or providers' services itself. All of the providers are independent of CirrusMD and use the Services as a way to communicate or interact with you. Any information or advice received from a provider comes from them alone, and not from CirrusMD. Your interactions with the providers via the Service are not intended to take the place of your relationship with your regular health care practitioners. Neither CirrusMD, nor any of its subsidiaries or affiliates or any third party who may promote the Services or provide a link to the Services, shall be liable for any professional advice obtained from a health care provider via the Services or for any other information obtained on the Site. CirrusMD does not endorse any specific tests, physicians, medications, products or procedures that are recommended by providers that may use CirrusMD to communicate with you. You acknowledge that your reliance of any health care providers or information provided by the providers via the Services is solely at your own risk and you assume full responsibility for all risk associated herewith.
CirrusMD does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Services. You will be provided with a list of available providers located in the U.S. based solely on the information you, your employer, your plan sponsor, or other entity you are affiliated with provides to CirrusMD. You are ultimately responsible for choosing your particular health care provider.
Subject to your compliance with the Terms and your payment of applicable fees, CirrusMD or its content providers grant you a limited, personal, non-exclusive, non-transferable, non-sub-licensable, revocable license to access and make personal and non-commercial use of the CirrusMD Services. This license does not include any resale or commercial use of any CirrusMD Services, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any of the CirrusMD Services or their contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering or extraction tools. All rights not expressly granted to you in the Terms are reserved and retained by CirrusMD or its licensors, suppliers, publishers, rights holders or other content providers. Your right to use CirrusMD Services is limited by the restrictions set forth in the Terms.
The Site and CirrusMD Services, nor any part of the Site or Services cannot be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without prior express written consent of CirrusMD. You may not remove, alter, obscure, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CirrusMD without CirrusMD's prior express written consent. You may not use any meta tags or any other “hidden text” utilizing CirrusMD’s name or trademarks without the express prior written consent of CirrusMD. You may use the CirrusMD Services only as permitted by applicable law. You may not use the Site or CirrusMD Services in any manner threatens the integrity, performance, or availability of the Site or the CirrusMD Services, in any way other or for any purposes other than their intended uses, or otherwise misuse the Site or CirrusMD Services. You may not combine the Site or any of the CirrusMD Services, in whole or part, with, or incorporate the Site or Services, or any part thereof, in any other programs. You may not use the CirrusMD Services or Site for purposes of competitive analysis, the development of a competing product, service, mobile application, platform, or website or for any other purpose that is to CirrusMD's commercial disadvantage.
The licenses granted by CirrusMD terminate if you do not comply with any provision of the Terms.
2. Medical Advice or Services
Independent physician-owned medical groups with a national network of United States based providers who provide clinical services remotely (collectively "Group") provide the clinical services that are part of the CirrusMD Services. The Group provides clinical services via the CirrusMD platform to customers of CirrusMD. You agree and acknowledge that CirrusMD Services are not meant for use in medical emergencies.
IF YOU ARE BELIEVE YOU MAY BE EXPERIENCING A MEDICAL EMERGENCY, DIAL "911" IMMEDIATELY AND DO NOT ATTEMPT TO SIGN INTO CIRRUSMD.
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. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by CirrusMD or in connection with any communications supported by CirrusMD is intended to be for general informational purposes only, and is in no way intended to create a physician-patient relationship as defined by state or federal law. The site and services are not a substitute for professional medical diagnosis or treatment. Reliance on any information appearing on the site, whether provided by CirrusMD, its content providers, medical experts, clients, visitors to the site or others, is solely at your own risk. While CirrusMD facilitates your selection of, communications with and other interactions with physicians, CirrusMD does not provide medical services and the doctor-patient relationship is between you and the healthcare provider you select. All healthcare providers identified or accessible on the site or through the services ("providers") are independent providers and are not employed by or affiliated with CirrusMD, its affiliates or subsidiaries.
3. User Information
If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to CirrusMD, the Site or through the Services ("User Information"), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful or that could encourage criminal or unethical behavior; (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity; or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to CirrusMD and Providers that you have the legal right and authorization to provide all User Information to CirrusMD and Providers for use as required by CirrusMD and/or Providers. You further represent and warrant that the User Information you provide to CirrusMD and/or Providers is accurate, truthful, and complete. You agree that you will keep your account information and email address current and up-to-date.
4. Account Information, Access, Security, and Passwords
If you create an account for the CirrusMD Services, you agree to complete the registration process by providing current, complete, and accurate information as required by CirrusMD. You are responsible for all activities that occur under your account. If access to the Site, the Services, or a portion thereof is limited requiring a user ID and password ("Protected Areas"), you agree to access Protected Areas using only your user ID and password. You are responsible for maintaining the confidentiality of your user ID and password and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site or the CirrusMD Services may be revoked by CirrusMD at any time with or without cause. for all activities that occur under your account and password. If unauthorized use of your user ID or password occurs or you are aware of any other security concerns/potential breaches of data security or your account, you must notify CirrusMD immediately at firstname.lastname@example.org.
If you are under 18, you may use the CirrusMD Services only with the involvement of a parent or guardian. If you create an account or use the Site or Services on behalf of any other individual including, but not limited to, persons under 18 years old or disabled individuals (collectively "Incapacitated Individuals"), you represent and warrant that you have the legal authority to do so on behalf of such Incapacitated Individual and that you have the right to contract on the Incapacitated Individual's behalf, without obtaining the consent or approval of any other party including, but not limited to, any court or government agency. To the extent applicable law requires that you obtain the consent of such Incapacitated Individual to bind them to the Terms, you represent and warrant that you have such consent.
Violations of system or network security may result in civil or criminal liability. CirrusMD will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting you and/or other 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 Services or any activity being conducted on this Site or Services.
5. Electronic Communications
When you use any CirrusMD Service, or send e-mails, text messages, and other communications from your desktop or mobile device to CirrusMD or Providers, you are communicating with CirrusMD or Providers electronically. You consent to receive communications from CirrusMD and Providers electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that CirrusMD or Providers provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. You hereby grant CirrusMD and Providers permission to communicate with you using any contact information provided in your account or User Information including, but not limited to, the email address(s) contained therein.
6. Accuracy and Integrity of Information.
Although CirrusMD 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 or any content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. If an inaccuracy arises, please inform CirrusMD so that it can be corrected. Information contained in the Site may be changed or updated without notice. Additionally, CirrusMD shall have no responsibility or liability for information or content posted to the Site from any non-CirrusMD affiliated third party.
7. Links to Other Sites
CirrusMD makes no representations whatsoever about any other website that you may access through this Site. When you access a non-CirrusMD website or service, please understand that it is independent from CirrusMD, and that CirrusMD has no control over the content on that website. Additionally, a link to a non-CirrusMD website does not mean that CirrusMD 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 you 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 third party sites linked to this Site, you do so entirely at your own risk.
8. High Speed Data Connectivity
CirrusMD Services require access to a high speed data network, either by cellular network, wireless or landline - depending on your device. It is up to you to ensure that you have a sufficiently fast data connection, particularly for video chat sessions. If you do not have access to a high quality data connection, please move to a different location that does before attempting to use CirrusMD Services. It is your responsibility to ensure you have sufficient network data capacity before launching any CirrusMD Services. CirrusMD is not responsible for internet network coverage.
9. System Requirements
For Mobile Users
- An iOS device (iPhone 5s/iPad 4th generation) with the latest operating system updated (iOS 9+) and the native CirrusMD (or white-labeled) iOS app installed
- An Android device (less than 2 years old) with at least KitKat (4.4.4) and the native CirrusMD (or white-labeled) Android app installed
For Computer Users
- A modern desktop or laptop computer (ideally less than 3 years old)
- Operating System: PC-Windows 7+, Apple-OSX 10.6+
- Web Browser: Google Chrome and Firefox are preferred web browsers because they update automatically (Safari and Internet Explorer 11 are not completely compatible with CirrusMD’s video chat technology)
- High speed internet connection of at least 3.0 Mbps Download / 1.0 Mbps Upload speeds for optimal use
- Webcam (most modern computers have a webcam built in)
- Microphone (most computers and webcams have a microphone built in)
10. Intellectual Property
With the exception of the limited license explicitly granted to you in these Terms, you understand and agree that you obtain no ownership or other rights in and to the Site, Services, or any improvements or suggestions you make regarding the Site, Services, or any software, application, program or process used by CirrusMD or Providers. All pages within the Site, any material made available for download, all parts of the Site and/or the CirrusMD Services and each component thereof is are the property of CirrusMD, or its licensors or suppliers as applicable. The Site and the CirrusMD Services are protected by United States and international copyright and trademark laws and some components thereof may be protected by United States and international patent laws. You cannot use, reproduce, copy, reverse engineer, disassemble, decompile, decode, or otherwise attempt to gain access to the source code of the Site the CirrusMD Services or any part thereof, redistribute CirrusMD's logos, content or designs, or use (including making copies of) the Site or any of the CirrusMD Services or components thereof beyond the scope of the license granted in the Terms without prior written permission from CirrusMD. You will not attempt to gain unauthorized access to the CirrusMD's systems, and you will not modify or attempt to modify the same for any purpose whatsoever.
11. No Warranty
To the fullest extent permissible under law, CirrusMD, its affiliates, subsidiaries and each of their respective managers, officers, directors, members, employees, affiliates, advisers, shareholders, contractors, agents, and representatives (collectively " CirrusMD parties") do not warrant that access to or use of the site or CirrusMD services will be uninterrupted or error-free or that defects in the site will be corrected. The site and CirrusMD services., including any content or information therein, are provided on an “as is,” “as available” and “with all faults” basis. The CirrusMD parties disclaim all representations and warranties of any kind, expressed or implied, statutory or otherwise, including, but not limited to, the implied warranties of fitness for a particular purpose, title/non-infringement, quality of information, quiet enjoyment, merchantability and freedom from errors, worms, trojan horses, bugs, viruses or other destructive programming. The CirrusMD parties do not warrant the accuracy, completeness or timeliness of any information obtained through the site or the CirrusMD services.
You assume total responsibility for your use of and access to the site, CirrusMD services, and all information, products or services contained therein, including any linked websites and any use or access to the foregoing is at your sole risk. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security.
Reliance on any information or advice offered by any provider through the CirrusMD services is at your exclusive discretion, and you assume all risk for the results or outcome of any resulting course of action. None of the CirrusMD parties monitors any interactions between you and providers. Furthermore, the CirrusMD parties make no warranty as to suitability of the CirrusMD services or any information, recommendations or advice given by providers.
12. Limited Liability
Except as expressly provided herein, in no event shall the CirrusMD parties’ aggregate liability for all claims of any kind, including any claims arising out of or related to these terms or your use, or inability to use, the site or CirrusMD services, whether by statute, contract, tort, or under any other theory of liability, exceed (i) the fees paid by you for the services hereunder during the twelve (12) month period immediately preceding the date on which the cause of action arose, or (ii) if you have not paid any fees for use of the CirrusMD services, an amount equal to $5.00 per month for every month you were receiving the CirrusMD services during the twelve (12) month period immediately preceding the date on which the cause of action arose.
To the maximum extent permitted by applicable law, in no event shall any of the CirrusMD parties, or their respective licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill use, or data or other intangible losses, arising out, related to or connected with the CirrusMD services or the site.
You will indemnify, defend, and hold the CirrusMD Parties, harmless from and against any third party claims damages, liability, and expenses (including reasonable attorneys' fees) against or incurred by any of the CirrusMD Parties arising out of your breach of these Terms, your violation of applicable law, or access by anyone accessing or using the Site or any CirrusMD Services using your user ID and password. Notwithstanding the foregoing or anything to the contrary herein, CirrusMD shall only exercise its rights in this Section after addressing applicable claims with your employer or health plan if you are using you accessed the Site or the Services through your employer or health plan.
14. Governing Law; Time Limit for Causes of Action
CirrusMD will try to work in good faith to resolve any issue you have with the Site or the CirrusMD Services if you bring that issue to the attention of the CirrusMD customer service department. We realize, however, that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction. If we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Services, or these Terms will be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. Any claims or controversies arising out of these Terms and/or related use or access of the or CirrusMD Services shall be exclusively in the state or federal courts located in Denver, Colorado.
You and CirrusMD agree that any cause of action arising out of or related to these terms or CirrusMD services must commence within one (1) year after the cause of action accrues or such cause of action shall be permanently barred; provided, however, that the forgoing shall not apply to any cause of action arising out of or caused by (i) the gross negligence or willful misconduct of CirrusMD, its employees, or its agents; or (ii) any liability which cannot be limited in the forgoing manner by applicable law.
15. Right to Modify; Generally
16. Contact Information
If you have any questions or concerns about these Terms or CirrusMD Services, please send us a thorough description by email to email@example.com or call us at (800) 449-4512.