A. GENERAL TERMS; ACCEPTANCE BY USE
1. To use the services available through ZMedClinic.com and the Z Med Clinic mobile application, you, for yourself and for any person, you make healthcare decisions or recommendations for (collectively called “User”), hereby accept and agree to be legally bound by these Terms of Service. These Terms of Service are effective immediately between the User and Clinic Service Providers, PA, a Texas professional corporation that does business as Z Med Clinic and Spa, and its affiliates (hereafter “Z Med Clinic” or “ZMC”). Each Subscriber is subject to these Terms, and by using the services available on the ZMedClinic.com website and the Z Med Clinic mobile application, including in each instance network systems and supporting technology and infrastructure (collectively called the “Services”), User agrees to all terms and conditions contained in these Terms of Service (hereafter “Terms”).
2. User represents and warrants that User is at least 18 years old and otherwise legally competent in all respects to accept and be bound by these Terms. Additionally, User represents and warrants that he or she is not prohibited from registering or signing up with or otherwise subscribing to or receiving any of the Services from ZMC at the physical address provided or through the email address or phone number provided. Further, User represents and warrants all information provided by User to ZMC has been and is complete, accurate, and current, and that User shall continue to provide complete, accurate and current information to ZMC in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Any parent or legal guardian of a minor may obtain an account on the minor’s behalf, and by doing so, consents to such minor’s use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor’s use of any of the Services.
3. ZMC maintains the ZMedClinic.com website and the Z Med Clinic mobile application to provide Users up to date information on ZMC’s service offerings and to facilitate access to medical services at clinics serviced by ZMC, including location information and appointment scheduling. ZMC is also dedicated to staying abreast of new and available information technologies that will better serve our Users. However, due to changing technologies, changing laws and the individual and collective needs of our Users, ZMC reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
4. Users may view the most current version of these Terms at https://www.zmedclinic.com/terms-service/. Any use of the Services by User, after changes, modifications, additions or deletions to these Terms are posted on the ZMedClinic.com website, shall constitute User’s acceptance of all such changes, additions, modifications or deletions. If a User does not agree to any such alterations to these Terms, the User’s sole and exclusive remedy is to cancel the User’s account.
5. Notwithstanding ZMC’s right to alter these Terms without prior notice, ZMC may, within its sole discretion and as a courtesy to all affected Users, make an effort to provide Users with 7 days advanced notice of any alteration of these Terms if it appears to ZMC, in its sole discretion, that said alteration may materially and adversely impact said User’s use of the Services.
B. PROPRIETARY RIGHTS
These Terms do not give User any rights in ZMC intellectual property or technology. ZMedClinic.com, the Z Med Clinic mobile application, all content displayed, and related trademarks and logos are the exclusive property of ZMC. User agree that he or she or no one that User accesses the Services on behalf of will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of ZMC.
C. SECURITY AND PRIVACY
1. Site Security: ZMC uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively User’s obligation to maintain and control passwords to User’s web site(s), and User exclusively is responsible for all activities that occur in connection with User’s user name, password and registered domain name(s). User agrees to immediately notify ZMC of any unauthorized uses of the Service or any other breaches of security. ZMC will not be liable for any loss or damages of any kind, under any legal theory, caused by User’s failure to comply with the foregoing security obligations or caused by any person to whom User grants access to User’s Services.
2. Commitment to Privacy: ZMC is committed to safeguarding our Users’ privacy. Except as required by law or as otherwise provided herein, ZMC will take commercially reasonable steps to ensure your right to privacy. ZMC is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust.
3. Confidentiality: With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with ZMC, or as is necessary provide responsible health care to you or a minor under your care, ZMC will not provide your personal information to any third party and will keep all User information confidential.
4. Instances of Disclosure or Transfer of Information: ZMC will respond to subpoenas, court orders, or other legal process, and will utilize User information as necessary to establish or exercise ZMC’s legal rights or defend against legal claims. ZMC will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law. ZMC may transfer information about Users if ZMC is acquired by or merged with another company, in which event ZMC will notify User.
E. PROHIBITED USES
1. Breach of Terms and Account Termination: The uses of ZMC Services set forth in this section are prohibited. The engaging in any prohibited use as set forth herein by User or by any affiliate or User of User, as determined in the sole discretion of ZMC, constitutes a material breach of these Terms and will subject User’s account to immediate termination without notice.
2. Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
3. Viruses and Other Destructive Activities: Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any User to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
4. Hacking: Hacking and related activities are prohibited. This includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
5. Anonymous Proxies: ZMC does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
6. Export Control Violations: The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. User may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law.
7. Child Pornography: The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. ZMC is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
8. Other Illegal and Prohibited Activities: The use of the Services to engage in any activity that is determined by ZMC, in its sole and absolute discretion, to be illegal, potentially illegal, or against ZMC’s intrests is prohibited. Such activities include, but are not limited to, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. ZMC will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
9. Obscene, Defamatory, Abusive or Threatening Language: Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
10. Backup Storage: ZMC offers its Services to communicate with Users about health care concerns and special offers from ZMC’s clinics, not to store data. Users should not expect that any data submitted or transmitted through an account has been archived for the User’s later retrieval. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of services without prior notice.
11. Other Activities: Engaging in any activity that, in ZMC’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, ZMC’s business, operations, reputation, goodwill, Users and/or User relations, or the ability of ZMC’s Users to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of User to cooperate with ZMC in correcting or preventing violations of these Terms by, or that result from the activity of, a User, patron, customer, invitee, visitor, or guest of the User constitutes a violation of these Terms by User.
1. Promotional Pricing: ZMC may periodically offer free or discounted services or credits in connection with a promotional offer, including, without limitation, a free visit or consultation a ZMC clinic. Such promotional offers are honored only in connection with the specific promotional package to which they apply. The specific offer may contain additional requirements, such as a minimum or maximum length of time, appointments scheduled in advance, and “black-out” dates for certain weeks and certain week days.
2. Backups: For its own operational efficiencies and purposes, ZMC from time to time backs up data on its servers, but is under no obligation or duty to User to do so under these Terms. Under no circumstance will ZMC be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of User FILES and/or data of any kind on any ZMC server.
3. Monitoring and Disclosures: All activities occurring on, in, and/or via the Services may be monitored, recorded, and examined by any authorized person. When and if ZMC becomes aware of any violation of these Terms, ZMC may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a User’s account, denying access to the Services or to the Internet via the ZMedClinic.com website or the ZMed Clinic mobile application, and/or removing non-complying information. In addition, ZMC may take any lawful action against a User or anyone using a User’s account.
4. Accurate Account Information: User must continually update and keep accurate and current User’s contact information stored and saved on ZMC in order to avoid termination of User’s ZMC account(s).
5. Duty to Notify ZMC of Breach: If User discovers anyone on the ZMC system violating any of these Terms or notices anything suspicious from the ZMC network, or is User becomes aware of anyone using User’s account, User agrees to report the violation or suspicious activity to [email protected] for investigation. ZMC reserves the right to immediately terminate any account which ZMC concludes to be in violation of any of these Terms.
6. Reservation of Rights: ZMC reserves the right to refuse and cancel service to any User for any lawful reason.
7. Governing Law: These Terms shall be governed by the laws of the State of Texas without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded.
G. WARRANTY DISCLAIMER – LIMITATIONS – INDEMNIFICATION
1. Warranty Disclaimer: You, the user, acknowledge that the services and the software are provided as is, as available without any warranty of any kind. ZMC hereby disclaims any warranty or condition with respect to the quality, performance or functionality of the services and software, or with respect to the quality or accuracy of any information obtained from or available through use of the services and software, or that the services and software will be uninterrupted, error-free or free of viruses or other harmful components. The services and software may contain errors. No advice or information given by ZMC or ZMC’s representatives including, without limitation, user support representatives, shall create a warranty. Use of the Services does not create a physician-patient relationship. ZMC disclaims all warranties or conditions, express, implied or statutory including, without limitation, warranties or conditions of quiet enjoyment and non-infringement and any implied warranties or conditions of merchantability, title, fitness for a particular purpose, merchantability of computer programs and content. ZMC does not guarantee that users will be able to use the services at times or locations of their choosing. ZMC does not warrant that the services are compatible with any third party service or software, even if such third party claims, represents or warrants that such service or software is compatible with any service or ZMC in particular.
2. Limitations on ZMC’s Liability: ZMC shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control. In no event shall ZMC be liable under contract, negligence, tort, strict liability or any other legal or equitable theory for any direct, indirect, incidental, exemplary or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind or loss of business goodwill or opportunity) whether or not ZMC has been advised of the possibility of such loss or damages. ZMC shall not be liable for the cost of procurement of substitute goods, services or technology. ZMC’s entire liability and user’s exclusive remedy with respect to any use of the services is the cancellation of user’s account as set forth herein. In no event shall ZMC’s liability to you, the user, exceed the greater of one dollar ($1.00) or any amounts actually paid in cash by you, the User, to ZMC for the prior six-month period. No action, regardless of form, arising out of these terms or out of the services may be brought by you, the user, more than one year after the event which gave rise to the cause of action. ZMC’s liability shall be limited to the greatest extent permitted by law.
3. Indemnification of ZMC: You, the User, agree to defend, indemnify and hold ZMC, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from ZMC’s own gross negligence or willful misconduct. ZMC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the User.