800 ZED Medical and Nursing Services (DBA 800 ZED) (“800 ZED,” “we,” “us,” “our”) provides its services (described below) to you (“you”) through its website located at www.800zed.com (the “Site”) and through its mobile applications (the “App”), and through its related services, content, tools, widgets, software, API(s), and/or other product(s), service(s), data, or information supplied to you by 800 ZED (collectively, including any new features and applications, and the Site and the App, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). This is the user agreement (the "Agreement") for 800 ZED. If you believe you have a medical or mental health emergency, or if you have any concerns about your care or treatment, please call 911 or go to the nearest open clinic or emergency room. This Agreement specifies the terms and restrictions that apply to your use of our services provided through the Site's domain and subdomains. If you do not agree to be bound by the terms and conditions of this Agreement, you may not access or use the Site or Services. As described below, we retain the right to update or modify elements of these Terms of Service at any time. Your continued use of the Service beyond the date any such modifications take effect indicates your acceptance of the amended Terms of Service. In addition, when using some services, you may be subject to any additional terms and conditions that apply to you as an 800 ZED user, including, but not limited to, the Privacy Policy accessible at https://800ZED.com/privacy ("Privacy Policy"). Before you can use the Site, you must read, agree to, and accept all of the terms and conditions in this Agreement and the Privacy Policy, including those expressly stated below and those incorporated by reference. Please read the following carefully as it contains an arbitration agreement and other essential information about your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exceptions) that you submit any claims you may have against us to binding and final arbitration. (1) You will only be able to pursue claims against 800 zed on an individual basis, not as a plaintiff; (2) You will only be able to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis; and (3) Any claims you have against us may not be resolved by a jury or in a court of law. By using this site, you agree to these terms of service. If you do not agree with any of the terms and conditions set forth in the terms of service, please do not use this site.
1. Access Rights and Use of the Services
Services Description: 800 ZED is a platform that allows health care providers ("Providers") to market and sell health care services to patients, including you ("you" or "Patient(s)") who are looking for health care services and Providers thereof, prescription services as described herein, and scheduling and payment for health care services and/or prescription services by you. Users of the Site will be classified as either "Guests" or "Members." Guests have access to a limited number of Services provided on the Site, and access to some features may be restricted. To make use of all of 800 ZED's Services and gain access to extra features not available to Guests, you must register as a Member and give certain personal information, which you authorize 800 ZED to use and disclose following our Privacy Policy. The Site may also classify a user as an "Inactive Member." An Inactive Member is a Site user who was once a Member but no longer has access to extra features or Services. Medical Advice Disclaimer: As further specified herein, you acknowledge and agree that 800 ZED does not provide any medical services or medical advice, and does not make any representations, warranties, guarantees, or endorsements regarding any medical services or advice that you may obtain through the site and/or the services. NEVER disregard professional medical advice or delay seeking medical treatment because of something you have read on or accessed through the site. When you use the services, no healthcare provider-patient relationship is formed. 800 zed is not responsible or liable for any advice, course of treatment, diagnosis, or other third-party information, site, product, or service purchased or accessed through the site. 800 zed is not a pharmacy and does not provide pharmacy services such as prescription drug consultation. You understand that if you need medication advice or have any questions, you should consult your healthcare practitioner or pharmacist. The inclusion of any health care provider on the Services does not constitute an endorsement of such health care provider by 800 ZED, nor does it imply that 800 ZED has done any due diligence or other investigation into the health care provider. Your Registration Obligations: You may be required to register with 800 ZED in order to access and use some Service features, as well as to become a Member. If you decide to register for the Service, you declare to give and keep truthful, accurate, current, and complete information about yourself as requested by the Service's registration form. Our Privacy Policy governs registration data, any health data you upload to the Service, and certain other information about you. Our Service is exclusively accessible to individuals residing in the Philippines, who are either eighteen (18) years of age or older, or have reached the age of majority in their respective jurisdiction, if older than eighteen (18), and have acknowledged and accepted this agreement. By utilizing or accessing the Service, you are: (a) Confirming and ensuring that you meet all of the aforementioned eligibility criteria; (b) Confirming that, when consulting with a Provider through the Service, you are situated in the same province as the address provided in your account; (c) Agreeing to adhere to all relevant laws while utilizing or accessing the service; and (d) Pledging to use the Service solely for legitimate purposes. Our Service operates under the regulations of the Philippines, which may be subject to periodic alterations in accordance with modifications in applicable regulatory standards. Additionally, individuals below the age of eighteen (18) may register with parental consent and under the guidance of a legal guardian, in compliance with Philippine law. Member Account, Password and Security: You are solely responsible for maintaining the confidentiality of your password and account, if any, and for any activities that occur under your password or account. 800 ZED is authorized to act on instructions received under your password. You undertake to (a) alert 800 ZED promptly of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you exit from your account after each session when using the Service. 800 ZED is not accountable for any acts performed or transactions made to or from your accounts by any other person using your password, nor will it be liable for any loss or damage resulting from your failure to comply with this Section. Modifications to Our Service: 800 ZED keeps the right to modify or discontinue the Service (or any portion of it), with or without notice. You agree that 800 ZED will not be held accountable to you or any third person for any modification, suspension, or discontinuance of the Services. General Practices Regarding Use and Storage of Your Information: You agree that 800 ZED may establish general practices and limits for the Service's use, including, without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on your behalf on 800 ZED's servers. You acknowledge that 800 ZED assumes no responsibility or liability for the deletion or failure to delete any data or other content maintained or posted by the Service. You accept that 800 ZED reserves the right to cancel accounts that have been inactive for an extended length of time. You also understand that 800 ZED maintains the right to change these general practices and limits at any time and without notice. Regardless of the above, any health data you upload to the Service must be managed in accordance with the Philippines Data Privacy Act and relevant state data privacy and medical records regulations. Mobile Services: The Service provides certain mobile device-accessible capabilities, such as (i) the ability to upload material to the Service and (ii) the ability to browse the Service and the Site from a mobile device (collectively, the "Mobile Services"). If you access the Service using a mobile device, your wireless service provider's usual charges, data rates, and other costs may apply. Furthermore, your carrier may prohibit or restrict the download, installation, or use of some Mobile Services, and not all Mobile Services may be compatible with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you about 800 ZED and other entities via SMS, MMS, text message, or other electronic methods to your mobile device, and that certain information about your use of the Mobile Services may be shared with us. If you change or deactivate your mobile phone number, you undertake to promptly update your 800 ZED account information so that your messages are not delivered to the person who obtains your old number.
2. Electronic Communications
When you visit the Site or send us e-mails, you are communicating with us electronically, and you agree to receive communications from us electronically. We will communicate with you via email or by posting announcements on this Site. You agree that all agreements, notices, disclosures, and other communications that we give to you electronically meet any legal requirement that they be in writing. By using the Site, you understand and agree that 800 ZED may send Member e-mails regarding your Member account and 800 ZED promotions. You can cancel your subscription to 800 ZED's e-mail services at any time by signing into the Site and altering your notification settings. You may also unsubscribe from special promotional e-mails by clicking on the unsubscribe link in any of our e-mail communications, located under opt-in settings. By using the Site and opting in to receive emails, text messages, and electronic communications, you recognize and agree that 800 ZED will transfer certain of your health information electronically. You understand and agree that, while 800 ZED makes commercially reasonable efforts to ensure the privacy and security of your health information, no system is totally secure. You can unsubscribe from emails and text messages at any time. You understand and agree that you are solely responsible for providing 800 ZED with accurate contact information, including your mobile device number and email address, to which we may send communications including your health information. 800 ZED is not liable for user errors or omissions.
3. Your Use of the Services
You declare that you will only use the Services to find a health care provider for yourself or another person. You are solely responsible for any photos, information, data, text, messages, or other materials ("content") that you upload, post, publish, or display (hereinafter referred to as "upload"), send, or otherwise use through the Service. You will ensure that all content you upload or share complies with all applicable laws, rules, and regulations, is suitable and non-offensive, and that you have the required rights to use, share, and/or upload such content without infringing on the rights of third parties. 800 ZED maintains the right to investigate and take appropriate legal action against anybody who, at 800 ZED's sole judgment, violates this agreement this includes, without limitation, deleting the offending content from the Service, suspending or terminating such offenders' accounts, and reporting you to law enforcement authorities. You undertake not to use the Service in any manner that 800 ZED, in its sole discretion, deems illegal or improper. Fees: 800 ZED does not accept PHILHEALTH or other third-party insurance plans. If you prefer to use the Services to arrange and pay for health care services out of pocket, you must provide 800 ZED or its financing partner with information about your credit card or other payment instrument. You represent and warrant to 800 ZED that the information provided is accurate and that you are allowed to use the payment instrument. You shall quickly update your account information with any changes (such as a change in your billing address or credit card expiration date). You agree to pay 800 ZED the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. If you dispute any charges, you must notify 800 ZED within thirty (30) days of the date you were charged. You will be responsible for all taxes associated with the Services. Providers may choose to provide funding for health care services advertised for sale on the 800 ZED Service. If so, those providers agree to follow the Affirm Terms of Service. Furthermore, we have no control over any health care professional and cannot guarantee their availability at any given time. 800 ZED is not liable for any cancelled or unfilled appointments, or for any other injury or loss arising from your use of the Site or Services. Cancellation: 800 ZED's cancellation policy ensures straightforward booking, cancellation, and rescheduling procedures. Please note that cancellation of scheduled visits will not result in a refund. Instead, we will offer to reschedule your appointment within the following constraints: • Virtual visits: cancel up to 2 days before the scheduled visit • In-person visits: cancel up to 2 days before the scheduled visit • All other visits (including labs, imaging, and visits that do not include a specific day or time at purchase): cancel up to 10 days after the purchase date once 800 ZED confirms with the provider that the visit did not take place • Memberships: Until further notice, there are currently no membership fees associated with Membership Services. However, please note that this policy is subject to change at any time without prior notice. If membership fees are introduced in the future, you will be duly informed of such changes. In the event of inadvertently scheduling a same-day appointment and subsequently needing to cancel, 800 ZED will accommodate by offering a rescheduling option for an alternative time slot. Please note that we do not provide monetary refunds for same-day cancellations; however, we strive to ensure your convenience by facilitating a suitable rescheduling arrangement. Refunds for patient/provider messaging: 800 ZED maintains a strict no-refund policy. All refund requests are solely at the discretion of 800 ZED and will be considered only if they meet one of the following criteria: • The provider has not responded within the expected time frame of one business day. • In the event of technical errors or malfunctions that significantly impede the proper use of the messaging feature, a refund may be considered upon investigation and verification by 800 ZED." The Philippines Use Only: 800 ZED services are only intended for users in the Philippines. Your information may be transmitted to third parties in other countries to help provide the services as deemed needed and as per the Data Privacy Law in the Philippines. This Service is hosted in the Philippines and are intended only for users located in the Philippines. 800 ZED makes no representation that the materials are appropriate or available for use outside the Philippines. If you access our Service from outside the Philippines, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of our Services. Note also that information submitted by you to us may be transmitted to and shared with third parties located in other countries, in order to provide Services to you. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Republic of the Philippines. The Service is designed for and intended for Providers, Patients and/or other users in the Philippines only. We make no representation that the information and services provided on the Service are applicable to, appropriate for, or available to Providers, Patients and/or other users in locations outside the The Philippines. Accessing the Service from territories where the content is illegal is prohibited. If you choose to access the site from a location outside the Philippines, you do so on your own initiative, without our consent, and you are responsible for compliance with local laws. Commercial Use: Unless expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload any portion of the Service, use of the Service, or access to the Service for commercial purposes. The Service is only for your personal use.
4. Membership Program
As of the current terms, 800 ZED does not impose any membership fees. However, please be advised that this policy is subject to change at any time without prior notice. 800 ZED reserves the right to introduce membership fees in the future as deemed necessary. In the event of any changes regarding membership fees, users will be duly informed through appropriate channels. By continuing to use 800 ZED services, users agree to abide by any updated terms regarding membership fees. These terms and conditions are effective immediately upon publication and supersede any previous agreements or understandings regarding membership fees with 800 ZED.
5. Intellectual Property Rights
Service Content, Software and Trademarks: You understand and agree that the Service may include information or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other intellectual rights and laws. Except as expressly authorized by 800 ZED, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, with the exception of your own User Content (defined below) that you legally upload to the Service. In conjunction with your use of the Service, you will not engage in or employ data mining, robots, scraping, or other data collection or extraction methods. If 800 ZED prevents you from using the Service (including by blocking your IP address), you agree not to take any steps to circumvent such restriction (for example, disguising your IP address or using a proxy IP address). Any use of the Service or the Service Content except as expressly authorized above is strictly forbidden. 800 ZED, our affiliates, and our partners own the technology and software that underpins or is supplied in conjunction with the Service (the "Software"). You undertake not to duplicate, alter, create a derivative work of, reverse engineer, reverse assemble, or otherwise seek to discover any source code, nor to sell, assign, sublicense, or otherwise transfer any rights to the Software. All rights not expressly granted herein are reserved by 800 ZED. 800 ZED's name, logo, and signs are its trademarks and service marks (collectively known as the "800 ZED Trademarks"). Other company, product, and service names and logos used and displayed on the Service may be trademarks or service marks of their respective owners, who may or may not promote, affiliate with, or be related to 800 ZED. Nothing in these Terms of Service or the Service is intended to provide, by implication, estoppel, or otherwise, any license or right to use any of the 800 ZED Trademarks displayed on the Service without our prior written consent in each instance. All goodwill generated by the usage of 800 ZED Trademarks will benefit us exclusively. Third Party Material: 800 ZED will not be liable in any way for any content, materials, or services provided by or on behalf of any third party (including users or health care providers), including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any such content. You agree that 800 ZED does not pre-screen material, but that 800 ZED and its designees reserve the right (but not the duty) in their sole discretion to reject or delete any content made available through the Service. Without limiting the foregoing, 800 ZED and its designees reserve the right to delete any content that violates these Terms of Service or that 800 ZED, in its sole judgment, finds objectionable. The Services assist you in finding and sourcing some third-party health care services supplied by or on behalf of independent third-party Providers who are not affiliated with 800 ZED. 800 ZED does not guarantee or warrant, and makes no statements about the reliability, quality, or suitability of such health care services or Providers. By using the Service, you agree to hold us responsible for any liability or damage that may result from the transactions involved. As a user, by publishing or allowing us to post content in our directory, you permit us to use your content, including any content, information, and names, for the promotion of our directory and services. Neither 800 zed nor its affiliates or licensors are liable for the behavior of any third-party provider or user of the services, whether online or offline. Individuals that supply third-party services are not employees or contractors of 800 zed, and 800 zed is not liable for their actions or inactions, or for the services they provide (or fail to perform). You understand that the list of health care providers listed on the Service may not be a complete list of all health care providers within the specified specialty category or distance from the specified address, and that it may not be updated on a regular basis, even if we are notified of incorrect or incomplete information. While we make commercially reasonable efforts to ensure that the information contained about a specific health care provider is true and comprehensive, we rely on information reported by the health care provider, which may not be accurate, complete, or updated on a regular basis. We are not responsible for content or services descriptions from health care providers. User Content Transmitted Through the Service: You represent and warrant that you own all right, title, and interest in and to the content or other materials you upload through the Service or share with other users or recipients (collectively, "User Content"), including, without limitation, any copyrights and publicity rights contained therein. By voluntarily providing us with User Content that may contain Personal Information (as defined in the Privacy Policy), you agree to our use of Personal Information in accordance with these Terms of Service and our Privacy Policy. You also agree that any User Content you provide over the Service and share with our partners, affiliates, and medical providers will be truthful and complete. By uploading any User Content, you hereby grant and will grant 800 ZED and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service, the promotion, advertising, or marketing thereof, the improvement of the Service, and as aggregated and/or de-identified. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service ("Submissions") provided by you to 800 ZED are non-confidential, and 800 ZED will be entitled to use and distribute these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You acknowledge and agree that 800 ZED may preserve and disclose content if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of 800 ZED, its users, and You accept that the technical processing and transmission of the Service, including your content, may include (a) transmissions across several networks; and (b) adjustments to conform and adapt to the technological requirements of the connecting networks or devices. 800 ZED does not provide medical advice or services, and should not be used as a substitute for consultations with experienced specialists who are familiar with your specific requirements. The Providers (not we) are entirely responsible for all material and health care services provided. 800 ZED shall have no obligation to you for any acts, omissions, care, or lack thereof by Providers. We are not liable for any conflicts between Providers and you (for example, those arising from health care services they offer or are obligated to supply).
6. Our Obligations
To deliver and handle the services you request, 800 ZED shares your personally identifiable information with authorized service providers who perform specific services or activities on our behalf. 800 ZED may be obligated by law to share the information you provided when using any of the Site's services. 800 ZED may also reveal information if someone poses a threat to 800 ZED's interests (for example, user fraud) or whose actions could cause harm to others. Furthermore, 800 ZED administrators may believe it necessary to send some information to third parties, such as law enforcement or governing organizations for a specific health care provider. If 800 ZED gets a court order to reveal information about you or your actions on the Site, you agree that such information may be released. You can request that we update or amend the information you gave to us, as well as receive a copy of the information we have kept, by writing us at admin@800ZED.com or updating the information in your Member profile. We shall make every reasonable attempt to comply with your preferences, or we will explain why we are unable to implement the desired adjustments. We may ask for evidence of identity before replying to any queries.
7. Third Party Websites
Links or other access to other Internet sites and resources may be provided by the Service or by third parties. 800 ZED has no control over such websites and materials, and it is not responsible for or endorses them. You further acknowledge and accept that 800 ZED is not responsible or liable, directly or indirectly, for any damage or loss caused or claimed to be caused by or in connection with the use or reliance on any content, events, products, or services available on or from any such site or resource.
8. Indemnity and Release
By utilizing the services provided by 800 ZED, you agree to release, indemnify, defend, and hold harmless 800 ZED and its affiliates, as well as its and their officers, employees, directors, and agents (collectively referred to as "Indemnitees"), from any and all losses, damages, liabilities, fines, fees, penalties, costs, expenses, including reasonable attorneys’ fees, arising from or related to any allegations, rights, claims, or actions of any kind arising from: (i) injury (including death) or damage to property caused by your or your agents’ action or inaction; (ii) your use of the Service; (iii) any User Content or any other content or materials you provide directly or indirectly; (iv) your connection to the Service; (v) your violation of these Terms of Service or this Agreement; or (vi) your violation of any rights of another. If you are a resident of the Philippines, you acknowledge and agree that any obligation to indemnify an Indemnitee for any loss, liability, or expense arising from any negligent, grossly negligent, reckless, willful, fraudulent, or intentional conduct committed by any Indemnitee may not be enforceable against you to the extent applicable law requires. Additionally, you waive any similar provision under Philippine law or any other jurisdiction's comparable statute or doctrine.
9. Disclaimer of Warranties
Your utilization of the Service is entirely at your own risk. The Service is provided on an "as is" and "as available" basis. 800 ZED explicitly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. 800 ZED does not warrant that: (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results obtained from the use of the Service will be accurate or reliable, or (iv) the quality of any products, services, information, providers, or other materials purchased or obtained by you through the Service will meet your expectations.
10. Limitation of Liability
You acknowledge and agree that 800 ZED shall not be held liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if 800 ZED has been advised of the possibility of such damages. This includes damages resulting from: (i) the use or inability to use the Service; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service. In no event shall 800 ZED's total liability to you for all damages, losses, or causes of action exceed the amount you have paid 800 ZED in the last six (6) months, or, if greater, five thousand pesos (PHP 5,000). Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you or may not be enforceable with respect to you. If you are dissatisfied with any portion of the Service or these Terms of Service, your sole and exclusive remedy is to discontinue use of the Service. If you are a user from the Philippines, the foregoing sections titled "Indemnification and Release," "Disclaimer of Warranties," and "Limitation of Liability" are intended to be only as broad as is permitted under Philippine law. If any portion of these sections is held to be invalid under Philippine law, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections.
11. Dispute Resolution By Binding Arbitration
Please carefully review this section as it affects your rights. Agreement to Arbitrate: You agree that any disputes or claims between you and 800 ZED, whether arising from these Terms of Service, the Services, advertising, or any aspect of our relationship, shall be resolved through final and binding arbitration, except for individual claims in small claims court. This Arbitration Agreement does not prevent you from seeking relief through federal, state, or local agencies, if permitted by law. By agreeing to these Terms of Service, you waive the right to a trial by jury or to participate in class actions. Prohibition of Class and Representative Actions and Non-Individualized Relief: Both parties agree to bring claims only on an individual basis and not as part of a class or representative action. The arbitrator may not consolidate or join claims of multiple parties. Relief will be awarded only to the individual party seeking relief. Pre-Arbitration Dispute Resolution: Efforts to resolve disputes amicably should be made before initiating arbitration. If such efforts fail, the party seeking arbitration must first send a written Notice of Dispute to the other party. If the dispute remains unresolved after sixty (60) days, arbitration may commence. Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the designated arbitration organization. The arbitrator's decision will be enforceable in court. Costs of Arbitration: Arbitration fees will be governed by the arbitration organization's rules. 800 ZED will cover arbitration fees if the relief sought is $75,000 or less, or if you demonstrate inability to pay. Attorney's fees may be awarded as governed by the arbitration organization's rules. Confidentiality: Arbitration proceedings and decisions will be strictly confidential. Severability: If any term of this Arbitration Agreement is found to be invalid or unenforceable, it will be replaced with a valid term closest to the original intention. If provisions regarding class actions are deemed invalid, the entire Arbitration Agreement may be voided. Future Changes to Arbitration Agreement: If 800 ZED makes changes to this Arbitration Agreement, you have thirty (30) days to reject the changes by providing written notice. By rejecting changes, you agree to arbitrate disputes according to the original terms.
12. Termination
You acknowledge that 800 ZED reserves the right, at its sole discretion, to suspend or terminate your account or use of the Service, or any part thereof, and to remove or delete any content within the Service, for any reason. This includes, but is not limited to, lack of use or if 800 ZED believes that you have violated or acted inconsistently with these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may result in termination of your use of the Service and may be reported to the appropriate law enforcement authorities. Additionally, 800 ZED may, at its sole discretion and without notice, discontinue providing the Service, or any part thereof. In such cases, 800 ZED may immediately deactivate or delete your account and all related information and files, and may bar any further access to such files or the Service. You agree that 800 ZED will not be liable to you or any third party for any termination of your access to the Service.
13. General
These Terms of Service, together with the Privacy Policy, constitute the entire agreement between you and 800 ZED, governing your use of the Service. They supersede any prior agreements between you and 800 ZED regarding the Services. You may also be subject to additional terms and conditions when using affiliate or third-party services, content, or software. These Terms of Service are governed by the laws of the State of New York, without regard to its conflict of law provisions. Regarding any disputes or claims not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York. The failure of 800 ZED to enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be invalid, the parties agree that the court should strive to give effect to the parties’ intentions reflected in the provision, and the remaining provisions remain in full force and effect. Any claim or cause of action arising from the use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred. A printed version of this agreement and any notice given electronically will be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of 800 ZED, but 800 ZED may assign or transfer these Terms of Service, in whole or in part, without restriction. Section titles or headings in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via email or regular mail. Notice to 800 ZED must be in writing, sent via registered mail or a nationally recognized overnight courier, with a duplicate copy to the legal department, and with confirmation of delivery. The Service may also provide notices of changes to these Terms of Service or other matters by displaying notices or links generally on the Service. We will not be considered in breach of these terms or liable for any breach due to events beyond our reasonable control, including acts of God, terrorism, war, public network failures, electrical shortages, disease, epidemics, pandemics, earthquakes, floods, civil disorder, strikes, fire, or other disasters.
14. Your Privacy
We adhere strictly to the guidelines outlined in our Privacy Policy, which details how we utilize your information. Safeguarding users’ privacy is a fundamental principle within our community. We recognize that you and your information are among our most valuable assets. You can find our current Privacy Policy on the Site at https://www.800ZED.com/privacy. If you disagree with the transfer or use of your information as outlined, we kindly ask that you refrain from using the Services.
15. Questions? Concerns? Suggestions?
Please contact us by email at admin@800ZED.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
16. Tele-Medicine
Services offered may involve telehealth solutions enabling medical professionals and healthcare staff ("Providers") to communicate with clients, customers, and/or patients ("Patients") for online healthcare services and virtual consultations via the internet. We do not take responsibility for internet connectivity issues. It's important to note that we are not a medical service provider, health insurance company, nor licensed to sell health insurance. Our Services are not intended for use in active patient monitoring or continuous monitoring. Providers using our Services operate independently within professional practices. We do not practice medicine or any licensed profession, nor do we interfere with Providers' practices. Each Provider is solely responsible for their services and compliance with professional and licensing requirements. Information provided by Providers and/or Patients through our Services is transmitted but not verified or endorsed by us. We disclaim all warranties, either express or implied, regarding such information. We shall not be liable for any decisions or actions taken in reliance on such information. The ability of a healthcare provider to use our services does not constitute an endorsement or recommendation by us. Neither we nor third parties promoting or linking to the Services shall be liable for any professional advice obtained from a Provider via the Services. Medical advice provided by your Provider is beyond our control and responsibility. By using the Service, you agree not to hold us liable for any malpractice or substandard treatment by the Provider. We reserve the right, but not the obligation, to confirm Providers' credentials, such as verifying their standing with licensing boards. Providers using or featured on the Service are independent practitioners, and any opinions or advice expressed by them are their own. We do not endorse specific tests, Providers, products, procedures, medications, or opinions mentioned on the Service. We do not guarantee the training or skill of Providers using the Service. The inclusion of Providers on the Service does not imply endorsement or verification of their credentials. Patients may be required to provide Personal Information, including but not limited to name, date of birth, gender, contact details, and medication history. Your consent to share this information with your Provider is necessary for receiving care. Using the Service to verify Providers' credentials is prohibited. INFORMED CONSENT & RISKS: Telemedicine or similar Services entail potential risks, including delays in evaluation or treatment due to equipment failures and breaches of privacy or security protocols. You understand and consent to the electronic transmission of your medical information to practitioners. You acknowledge the risks and benefits of telemedicine and consent to participate in telehealth visits. The scope of care is at the Provider's discretion, with no guarantee of diagnosis, treatment, or prescription. By using the Services and agreeing to these terms, you understand and consent to the risks and benefits outlined herein. You consent to receiving care via the Service, acknowledging that the Provider will determine the appropriate course of action.
17. Changes to These Terms of Service
800 ZED may modify, alter, or update these Terms of Service at any time by posting the revised terms on the Site or through other reasonable means. By continuing to use the Services after such changes are posted, you agree to be bound by the modified terms. If you do not agree with the modifications, you should discontinue your use of the Services. Changes to the Terms of Service will become effective upon posting. Your continued use of the Services following any changes in this Agreement signifies your acceptance of the modifications.
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