TERMS AND CONDITIONS
Effective date: August 30, 2016
VIRTUAL METM DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT HEALTH INSURANCE
VIRTUAL METM DOES NOT PROVIDE MEDICAL ADVICE. DO NOT USE THE SITE FOR EMERGENCY MEDICAL NEEDS. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR EMERGENCY MEDICAL SERVICES. VIRTUAL METM will provide the infrastructure to connect you to Providers who will provide you with medical advice and, where appropriate, diagnoses, care instructions, advice, and/or prescriptions for certain medications to treat your condition. The information on the Site provided by VIRTUAL METM does not constitute medical advice of any kind and it is not intended to be, and should not be, used to diagnose or identify treatment for a medical or mental health condition. Nothing on the Site should be construed as an attempt to offer or render a medical or mental health opinion or otherwise engage in the practice of medicine by VIRTUAL METM.
VIRTUAL METM is not health insurance and is not intended as a substitute for, nor supplement to, traditional or government-funded health insurance products.
VIRTUAL METM, Virtual Me LLC, and any affiliates or subsidiaries are not licensed, nor do they imply or suggest that they are licensed, to sell any insurance product in any state, territory, or district in the United States, or any other country.
VIRTUAL METM DOES NOT RECOMMEND, REFER, ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, TREATMENT, INSTITUTION, PRODUCT, HEALTHCARE PROVIDER, OPINION OR OTHER INFORMATION OR SERVICES PROVIDED BY ANY PROVIDER USING THE SITE, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY PROVIDER. VIRTUAL METM DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ANY PROVIDER OR ANY ADVICE PROVIDED. VIRTUAL METM WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY THE USER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY PROVIDER. YOU AGREE THAT BY USING THIS SERVICE.
YOUR RIGHTS AND RESPONSIBILITIES FOR USE OF THE SITE & SERVICE
1. Age Restrictions and the Children's Online Privacy Protection Act.
2. Restrictions on Use
2.1.1 impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity, imply that you are a medical professional or health care provider, or create a false identity for purposes of misleading others;
2.1.2 upload, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, false, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2.1.3 upload, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
2.1.4 upload, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
2.1.5 engage in sending "spam" or any other form of solicitation;
2.1.6 use automated scripts to collect information from or otherwise interact with the Site;
2.1.7 violate any applicable local, state, national or international law; or
2.1.8 provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
3. Information You Provide
4. User Submissions of Image, Video, Audio Files
VIRTUAL METM's RIGHTS AND RESPONSIBILITIES
5. Links to Other Sites
6. VIRTUAL METM's Intellectual Property Rights
7. Third-Party Material. VIRTUAL METM will not be liable for any content posted by third parties, Providers, or at the direction of users; you must evaluate the accuracy and usefulness of this content. VIRTUAL METM does not pre-screen content, but VIRTUAL METM and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Service, including the right to remove any content that violates the Terms or is deemed by VIRTUAL METM to be objectionable.
RELEASE, INDEMNIFICATION AND DISCLAIMERS
9. Indemnification. You agree to indemnify and hold VIRTUAL METM, VIRTUAL ME LLC, and any affiliates harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Service, or publicly distributed on the web, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VIRTUAL METM EXPRESSLY 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. WITHOUT LIMITING THE FOREGOING, VIRTUAL METM MAKES NO WARRANTY THAT (I) THE SERVICE WILL BE EFFECTIVE, WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS OR ERRORS, WILL BE RELIABLE OR ACCURATE, OR WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR ACCESSIBLE AT TIMES OR LOCATIONS OF YOUR CHOOSING, (III) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, TIMELY, OR COMPLETE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, ADVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH HEREIN, VIRTUAL METM MAKES NO WARRANTIES ABOUT THE SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SITE OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION.
ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VIRTUAL METM AND VIRTUAL ME LLC AND ANY AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VIRTUAL METM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL VIRTUAL METM'S AND VIRTUAL ME LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most user concerns can be resolved quickly and to the user's satisfaction by emailing user support. In the unlikely event that our user care team is unable to resolve a complaint you may have (or if VIRTUAL METM has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. If you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys' fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
VIRTUAL METM and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ('Notice'). The Notice to VIRTUAL METM should be addressed to VIRTUAL ME LLC at 315 S. Coast Hwy 101, U44, Encinitas, CA, 92024 ('Arbitration Notice Address'). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ('Demand'). If VIRTUAL METM and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or VIRTUAL METM may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by VIRTUAL METM or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or VIRTUAL METM is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, 'AAA Rules') of the American Arbitration Association ('AAA'), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Arbitration Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless VIRTUAL METM and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. VIRTUAL METM will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA Rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND VIRTUAL METM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and VIRTUAL METM agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in these Terms to the contrary, we agree that if VIRTUAL METM makes any future change to this arbitration provision (other than a change to the Arbitration Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
14. Modification. The Site may at any time modify, add to, or remove portions of the terms of this Agreement, without prior notice. It is your responsibility to check this Agreement periodically for changes. VIRTUAL METM will provide notice of any updates, revisions, supplements, modifications or amendments to this Agreement on the Site's homepage. By continuing to use the Site or Service after the posting of such changes, you agree to be bound by this Agreement, as modified. Your use of the Site and Service is subject to the most current version of this Agreement.
16. Severability. If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
17. Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
18. Governing Law and Venue. www.vme.care can be accessed from all 50 states, as well as from other countries around the world. By accessing this Site, both you and VIRTUAL METM agree that the statutes and laws of the STATE OF NEW YORK, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity). In the case of a dispute, you and VIRTUAL METM agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in New York County in New York. You hereby irrevocably and unconditionally consent to the jurisdiction of any such competent court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
19. Termination. VIRTUAL METM may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement or failure to provide accurate registration data. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
20. Contact Information. If you have a comment, question or request, or if you need to contact VIRTUAL METM for any other reason, you may contact us using our chat feature, or through one of these other methods:
VIRTUAL ME LLC
PO Box 1193, Cardiff, CA 92007