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TERMS OF USE

By using the Virtual Gynecology website (“Website”), you agree to follow and be bound by these terms of use (“Terms of Use”). In these Terms of Use, the words “you” and “your” refer to each Website visitor or user; “we,” “us,” and “our” refer to Virtual Gynecology, and “Services” refers to all services provided by us.

BY ACCESSING THE WEBSITE AND THE SERVICES PROVIDED YOU AGREE THAT YOU ARE AT LEAST 16 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT, AND YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS AND THE TERMS LISTED BELOW.

We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use each time you visit the Website. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Website. You agree that your access to or use of the Website Services on or after changes to the Terms of Use are posted here continues your acceptance of the Terms of Use as it appears at the time of your access to or use of the Website.
If you have any questions about these Terms of Use, please contact us at information@myvirtualphysician.com.

The Website provides an online platform to give visitors general information on available medical services, set up their own appointments, and provide telemedicine services to patients. Information on the website does not substitute for medical advice from a licensed health care provider. If you believe you are experiencing a medical emergency, do not rely on Website Services and contact an emergency resource immediately: 911, your own primary care physician, or the nearest hospital emergency department.

The static information on this website is provided as general health guidelines and may not be applicable to your particular health condition. Virtual Gynecology shall have no liability for the content or any errors or omissions in the static information provided by this Website.

The Website strives to keep its content accurate, current, and up-to-date. We cannot guarantee that all of the information on the Website is completely current or applicable to your circumstances, however.

Use of this Website and its Services or interaction with our staff cannot guarantee any specific medical outcome. Virtual Gynecology strives to provide standard care and assistance through consultations with our qualified health care professionals, but not all treatments and interventions described on the Website may be available to all women. Access and use of the Website does not constitute formation of your status as a patient.

Virtual Gynecology reserves the right to refuse service to anyone and to cancel user access at any time.

Telehealth Services

Virtual Gynecology provides telemedical care to patients of the practice. Because in distance care such as this the provider and the patient are not in each other’s physical presence, some forms of physical examination often performed at an in-person visit, specifically those that require the examiner to touch the patient, cannot be offered. As a result, some information otherwise helpful to diagnosis and to treatment will not be available to Virtual Gynecology’s providers and patients. For certain medical problems, then, Virtual Gynecology will need to refer you to in-person care. Even for conditions that Virtual Gynecology can manage at a distance, the inability to touch the patient may mean a higher risk of diagnostic error than there is in an in-person setting. Moreover, as with any form of electronic communication, there is risk that technical problems or power failures beyond the control of Virtual Gynecology may interrupt a visit. By proceeding with the Services, you acknowledge and accept these limitations inherent in telehealth care.

No Warranty

THE WEBSITE AND ALL MATERIALS, DOCUMENTS, OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, VIRTUAL GYNECOLOGY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

VIRTUAL GYNECOLOGY MAKES NO WARRANTY THAT:

1. THE WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;
2. THE WEBSITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR ANY MATERIALS OFFERED THROUGH THE WEBSITE, WILL BE ACCURATE OR RELIABLE; OR
4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. VIRTUAL GYNECOLOGY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE, INCLUDING WOTHOUT LIMITATION VIRUSES, WORMS, TROJAN HORSES OR OTHER MALWARE,

NO ORAL OR WRITTEN INFORMATION CONTAINED IN THESE SERVICES OR PROFFERED BY OUR STAFF SHALL CREATES A WARRANTY OR INCREASES THE SCOPE OF THIS WARRANTY.

LAWS REGARDING LIMITATION OF IMPLIED WARRANTIES VARY BY STATE AND LIMITATIONS OF IMPLIED WARRANTIES MAY NOT BE PERMITTED DEPENDING ON YOUR LOCATION. SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CHECK YOUR LOCAL LAWS TO DETERMINE APPLICABILITY.

Limitation of Liability

IN NO EVENT SHALL VIRTUAL GYNECOLOGY, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSEES, OR OTHER AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE OR MATERIALS AVAILABLE FROM THIS WEBSITE, EVEN IF VIRTUAL GYNECOLOGY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless Virtual Gynecology, our officers, directors, shareholders, employees, and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Website and the materials.

Unsolicited Submissions

Except as may be required in connection with your use of Website Services, Virtual Gynecology does not want you to submit confidential or proprietary information to us through this Website. If seeking medical services, do not provide confidential health information through the Website. All comments, feedback, information, or material submitted to Virtual Gynecology through or in association with this Website shall be considered non-confidential.

Compliance with Intellectual Property Laws

When accessing or using the Website’s Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Services and the Website is at all times governed by and subject to laws regarding copyright, trademark, and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of any party’s rights caused by any content you provide or transmit or that is provided or transmitted by use of the Website.

Inappropriate Content

When accessing the Site or using Virtual Gynecology’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that:
1. is libelous, defamatory, obscene, pornographic, abusive or threatening;
2. advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
3. advertises or otherwise solicits funds or is a solicitation for goods or services.

Virtual Gynecology reserves the right to terminate or delete such material from its servers. Virtual Gynecology will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Compliance with Export Restrictions
You may not access, download, use, or export the Website or the materials in violation of United States’ export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

Trademarks
The name Virtual Gynecology, all images and text, all page headers, custom graphics, and button icons are service marks, trademarks and/or trade dress of Virtual Gynecology. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners. You may not reproduce any of graphics or text on this Website without the express, written consent of Virtual Gynecology.

Contact
If you have any questions about the Terms of Use or your interaction with the Website, please contact us at information@myvirtualphysician.com.

Should any of the above terms be deemed invalid, void, or unenforceable for any reason, that individual term shall be removed and shall not affect the validity or enforceability of remaining terms.

These Terms of Use are effective as of 05/13/2020.
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