THIS LEGAL AGREEMENT (COLLECTIVELY REFFERRED TO AS THE “AGREEMENT”) BETWEEN TELEHEALTH4UKRAINE.ORG (“T4H”) AND ALL THOSE ACCESSING THIS SITE TO LEARN OF HEALTHCARE PROVIDERS WHO MAY BE ABLE THROUGH ELECTRONIC MEANS TO ASSIST THEM OR THEIR PATIENTS OR CLIENTS (“USERS”) GOVERNS THE USE OF T4H’S PRODUCTS, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”). IT IS IMPORTANT THAT USERS AND PROVIDERS READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” USER IS AGREEING THAT THESE TERMS WILL APPLY IF USER CHOOSES TO ACCESS OR USE THE SERVICE.
COPYRIGHT T4H 2022. ALL RIGHTS RESERVED.
Providers (see below at Paragraph 15) own the copyright in their authored materials. Otherwise, copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by T4H or its affiliates.
USE OF INFORMATION AND MATERIALS: Information and materials contained in these pages and the terms, conditions, and descriptions that appear are subject to change. Not all services are available in all geographic areas. Users’ eligibility for particular services is subject to final determination and acceptance by the entity providing such products or services.
NO WARRANTY: INFORMATION AND MATERIALS CONTAINED IN THE SERVICE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS,” “AS AVAILABLE.” T4U DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
LIMITATION OF LIABILITY: IN NO EVENT WILL T4H BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF T4H, OR ITS REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
LINKS TO OTHER SITES: The Service provides links to third-party sites. These links are provided for Users’ and Providers’ convenience and are not under the control of T4H. If a User or a Provider chooses to link to such third-party Web sites, or any of them, T4H makes no warranties concerning the content of such sites, including the accuracy, operations, privacy practices, programming or conduct of transactions over such sites, all of which are subject to change at any time without notice to T4H. T4H does not warrant that such sites or content are free from or invulnerable to any claims of copyright or other infringement, or that such sites or content are devoid of viruses or other malware, or that such sites will protect a User’s privacy. T4H disclaims all liability of any kind whatsoever arising out of User’s or Provider’s use of, or inability to use such third-party Web sites, the use or misuse of User or Provider information by such third parties, and the security of information Users and Providers provide to such third parties.
SECTION I: AGREEMENT OVERVIEW
- Purpose: This Agreement governs interactions by Users and Providers on the Service including, but not limited to, Web sites, blogs, pages, feeds, channels, and other means of interactive communication. With respect to Providers’ posting about their capabilities, the Service is private. With respect to all other information posted, the Service is NOT private, nor protected by firewalls or encryption, and can be viewed by members of the public.
SECTION II: AGREEMENT TO AND ACCEPTANCE OF TERMS
- Scope: By using the Service, Users and Providers agree to the terms of this Agreement, and understand and agree that by using the Service they are accepting these terms and agreeing to abide by them.
- Modifications: T4H reserves the right to change this Agreement at any time at its sole discretion. The most recent version can always be found here, and it is the responsibility of the User and the Provider to review this Agreement each time he or she or it accesses and uses the Service.
- Legal Use: Users and Providers agree to use the Service only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.
SECTION III: POSTING GUIDELINES
- POSTING OF USERS’ PERSONAL, PRIVATE AND/OR CONFIDENTIAL INFORMATION PROHIBITED: The Service is generally available to the public. THE POSTING OF USERS’ PERSONAL, PRIVATE, AND/OR CONFIDENTIAL INFORMATION, WHETHER IT IS APPLICABLE TO USERS OR TO OTHER PARTIES, SUCH AS ADDRESSES, TELEPHONE NUMBERS, ACCOUNT INFORMATION, PASSWORDS, BALANCES, ETC. ON ANY T4H SOCIAL MEDIA IS STRICTLY PROHIBITED AND USERS AGREE THAT THEY WILL NOT DO SO. T4H is not responsible for anything that may occur if a User posts his own or a third party’s personal, private, and/or confidential information to the Service. Further, Users agree that they are responsible for any damages that may result from their posting any personal, private, and/or confidential information about themselves or a third party. If Users have any doubt whether information they are about to post could be confidential, DO NOT POST IT.
- Provisions for Covered Entities: If under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) a User or a Provider is a covered entity, business associate or representative of a covered entity or business associate (as those terms are defined at 45 C.F.R § 160.103), he agrees that he will not use any component, function or other facility of the Service to create, receive, maintain or transmit any “protected health information” (as such term is defined at 45 C.F.R § 160.103) or use the Service in any manner that would make T4H (or any if its affiliates) his or any third party’s business associate.
- Additionally Prohibited Content: In addition, NO posts may contain the following:
- Securities/Investor Relations-Related Content. Forward-looking content or comments related to companies that speak to stock price, financial health or outlook, obligations to investors, or other Investor Relations-related responsibilities;
- Confidential Content. Content that discloses any confidential or non-public third-party information that the User does not have permission and/or authority to disclose;
- Disparaging Content. Content that disparages any person or entity, including but not limited to T4H and any entity affiliated with T4H, and/or any of their respective products or services, including the Service;
- Infringing Content. Content that violates or infringes the rights of any person or entity including, but not limited to, privacy, publicity and/or intellectual property rights, including the copyrights and brand rights of T4H and/or of third parties;
- Hateful Content. Content that is hateful, tortious, defamatory, slanderous, libelous, or obscene;
- Discriminatory Content. Content that promotes bigotry, racism, sexism, hatred, or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other status protected under applicable law;
- Unlawful Content. Content that is unlawful, in violation of or contrary to US federal, US state, or foreign laws or regulations, including but not limited to those applicable to T4H and/or the Service; and
- Spam. T4H observes and enforces a zero-tolerance policy for posting sales pitches for outside products or services or posting comments that drive traffic to a third party’s Web site (including for personal, political, or monetary gain).
- Content Moderation: All decisions regarding whether a posting violates this Agreement will be made by T4H, in its sole and absolute discretion. T4H reserves the right to remove any posting, whether created by T4H, an employee of T4H, or a third party, at any time, for any reason, without notice or explanation.
- Representations by Posting: By posting, all posters are representing that they have the right to post the content contained in their message(s) and have obtained any necessary permission and clearances.
- Postings by Third Parties, Including Employees: T4H does not endorse any comments made by third parties, including its employees, unless they are acting and explicitly identified as specifically authorized spokespersons for T4H.
- Validation of Assertions Made by Third Parties: T4H does not validate assertions or statements made by third parties, including Providers. All statements and viewpoints expressed by Third Parties, including Providers, are strictly and solely those of the Third Party and do not necessarily represent the viewpoints, positions, strategies, or opinions of T4H, its management, or its affiliates.
- Service is a Platform, not a Consultant: Professionals of various kinds and in various disciplines, as well as healthcare institutions and organizations of various kinds (“Providers”) post information on the Service. None of the Providers is the agent, servant, or employee of T4H. Nor is T4H itself a consultant, a primary care provider, nor any other kind of Provider. T4H is not competent to and does not evaluate any advice or the accuracy of the information posted by Providers. T4H has no authority to hire or fire Providers, does not pay them, and certainly has no authority to control their postings, advice, or services. Users relying on Providers’ statements or following Providers’ advice or recommendations do so at User’s own risk.
- T4H Does Not Provide Medical or Mental Health or Wellness Advice: T4H is neither a physician nor a medical practice. It does not practice medicine, nor seek to practice medicine. Similarly, T4H is neither a psychologist, nor any other kind of mental health or behavioral health professional, nor a mental health practice. Nor is T4H a wellness specialist. Additionally, T4H is not in any way a partner of any health professional, nor a member of any health professional’s group, nor in practice nor in business with any health professional. T4H has no power to hire or fire health professionals or wellness specialists. In providing this Agreement to Providers and Users, T4H does not enter a physician-patient relationship with anyone, nor a psychologist-patient or therapist-patient relationship with anyone, nor does it offer medical advice or mental health or behavioral health advice or wellness advice to anyone.
- T4H Does Not Provide Legal Advice: T4H is neither a lawyer nor a law firm. It does not practice law, nor seek to practice law. In providing this Agreement, T4H does not enter an attorney-client relationship with Providers or Users, or with anyone else, nor does it offer anyone legal advice. Users are advised to confer with competent counsel for legal advice concerning their use of the Service or any other legal matter. That T4H makes the Service available to Providers or Users does not mean that T4H asserts that Providers or Users may lawfully use it in their own or any jurisdiction for any purpose. A Provider’s or a User’s choice to access the Service is at his own initiative and his own risk and Providers and Users are responsible for compliance with all applicable laws.
SECTION IV: GENERAL PROVISIONS
- Compliance and Disclosure: T4H reserves the right to contact Providers or Users via the information they provide to T4H in connection with T4H’s or Providers’ or Users’ compliance with, and the performance of, the terms of this Agreement or any activities related to T4H’s Services. By accessing T4H’s websites and using T4H’s Services, Providers and Users acknowledge and agree that T4H may keep records of activities or content in connection with the Services. T4H may also disclose these activities or content in connection with the Services if required to do so by the law or in the good faith belief that doing so is reasonable and necessary to:
- Comply with the law or legal process;
- Enforce this Agreement;
- Respond to claims that the activities connected with the Services violate the rights of third parties; or
- Protect the rights, property, or personal safety of T4H, Providers, Users, or the public.
Governing Law: User’s access to and use of the Service, and these terms and conditions are governed by the laws of the Commonwealth of Virginia.