User Terms and Conditions
For www.alomedico.com and the ALÓ MEDICO Mobile Application
VELIVE CORP. d/b/a ALÓ MEDICO (“ALÓ MEDICO” or the “Company”), its website, www.alomedico.com (the “Site” or the “Website”) and its Mobile Application (the “Mobile App”, “App” or “Application”) provides its products and Services to you (the “Program”) subject to the following conditions. Please read these Terms and Conditions (the “Terms”) carefully before accessing or using the Site or App. By accessing, registering for or using the Site and/or App, or purchasing products through the Site or App, you agree to be bound by these Terms and Conditions, which are as follows:
Where appropriate, ALÓ MEDICO is referred to below as “ALÓ MEDICO”, “we,” “us,” “our,” or “Company.” The term “you” refers to the user, member or viewer of our Site or App.The Program is NOT health insurance or a health insurance policy. It is a tele-medicine service, where you communicate via the App with medical professionals who may be able to offer you advice.
PERMISSIBLE USE OF WEBSITE
You agree that:
- (a) Your use of the ALÓ MEDICO Site or App is subject to and governed by these terms and conditions;
- (b) Only persons at least 18 years of age may access or use ALÓ MEDICO and transact business with ALÓ MEDICO;
- (c) You will comply with and be bound by these terms and conditions in their then-current form as they appear on the Site or App each time you access and use the Site or App;
- (d) Each visit to the Site or App by you indicates and confirms your assent and agreement to be bound by our terms and conditions; and
- (e) These terms and conditions are a legally binding and enforceable agreement between yourself and ALÓ MEDICO.
You agree not to use or attempt to use the ALÓ MEDICO Site or App for any purpose that:
- (a) is any way unauthorized, unlawful or prohibited, or that is harmful or destructive to ALÓ MEDICO or any third party;
- (b) transmits any advertisements, solicitations, schemes, spam, flooding, unsolicited e-mail, or other unsolicited commercial communications;
- (c) transmits any harmful or disabling computer codes, spyware, adware or viruses;
- (d) interferes with ALÓ MEDICO’s network services;
- (e) attempts to gain unauthorized access to ALÓ MEDICO’s network services or proprietary information;
- (f) impairs or limits ALÓ MEDICO’s ability to operate the ALÓ MEDICO Site or App, or any other person’s ability to access and use the Site or App;
- (g) uses any methods, means, or devices to access ALÓ MEDICO Site or App or cause access to ALÓ MEDICO for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with ALÓ MEDICO;
- (h) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
- (i) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- (j) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
- (k) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
- (l) dilutes or depreciates the name and reputation of ALÓ MEDICO or any of its officers, agents, representatives or affiliates;
- (m) uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; and/or
- (n) unlawfully uploads any confidential, proprietary or trade secret information.
ALÓ MEDICO reserves the right to establish general practices and limits concerning use of the Site or App via different Membership plans and tiers of service, as set forth in our Member Services Page, including without limitation restrictions relating to the maximum number of days that, messages, postings, or other uploaded Content will be retained by the Website and/or App, the number of times you can edit comments, the maximum size of any message that may be sent from or received by an account on the Site or App, the type and quantity of data stored and presented in connection with your account, and the maximum disk space that will be allotted on ALÓ MEDICO’s servers on your behalf. You agree that ALÓ MEDICO has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted on the Site or the App.
REVOCATION OF USE RIGHTS
ALÓ MEDICO reserves the right at all times, in its sole and absolute discretion and without notice to you, to deny your access to and use of the ALÓ MEDICO Site and/or App. You may not use ALÓ MEDICO or any affiliated website or app to transmit unsolicited e-mail to this Site, the App or to anyone whose e-mail address is included under the domain name of ALÓ MEDICO or any affiliated website or app. Violation of these Terms and Conditions may result in a variety of actions, including cancellation of your membership, limits on account privileges, and forfeiture of any fees paid to ALÓ MEDICO.
You agree and acknowledge that it is your sole responsibility and liability, to provide, obtain and maintain all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary to access and use ALÓ MEDICO.
In consideration of your use of the Site and App, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ALÓ MEDICO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ALÓ MEDICO has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
In order to allow you to use the Program, we may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or ALÓ MEDICO cannot verify your identity, we may refuse or otherwise limit your access to the Site, App, Program and all associated services.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login ID, allows you to access your account and the ALÓ MEDICO Program. By providing us with your e-mail address, you consent to receive all required notices and information via email. Electronic communications may be posted on the Site or App and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate.
If you do not have an email address or do not remember your email address, ALÓ MEDICO will create an email for you using your phone number and the alomedico domain. By way of example, email@example.com.
If you become aware of any unauthorized use of your Registration or account information, or unauthorized access the Program, you agree to notify ALÓ MEDICO immediately at the email address firstname.lastname@example.org.
PERSONAL INFORMATION FROM THIRD PARTY SITES
You hereby authorize ALÓ MEDICO to access or retrieve your own personal information. ALÓ MEDICO may work with one or more online service providers to access this personal information. ALÓ MEDICO does not review any such information for accuracy, legality or non-infringement. ALÓ MEDICO is not responsible for any damages or liability arising from the inaccuracy, illegality, use or infringement of such personal information.
ALÓ MEDICO cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. ALÓ MEDICO shall not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or the failure to store any user data, communications or personalization settings.
MEMBERSHIP AND BILLING
- 1. Description of Program’s Features. You are entitled to communicate with medical health professionals via the App, in a 'tele-medicine' format (the, “Services”) as set forth in the Membership Guide, which is incorporated into these Terms and Conditions by reference. You are entitled to receive certain tele-medicine Services from medical providers. Other terms and conditions regarding Services, discounts, etc. are listed in the Membership Guide and are subject to change, modification, or substitution by us at any time without notice to you. Fees for Services vary by region. If there are additional fees from the medical provider, you must pay the Provider directly at the time of Service unless otherwise agreed upon between Provider and yourself. If prompt payment to the Provider is not made and arrangements for payment are not made, we may rescind your membership.
- 2. Cancellation and Refund Option. If you are not satisfied with the Program and wish to terminate your membership, you may cancel the membership for any reason and at any time during the membership period by notifying us verbally or in writing. Membership in the Program will terminate at the end of the Membership Term following the date on which notice of cancellation is received. Membership fees will cease being collected no later than 30 days after receiving a valid cancellation notice. If you cancel your membership within the first thirty (30) days after effective date (which shall be the date you agree to these Terms and Conditions and make the requisite payments) AND you do not use the Service, you will be reimbursed for all periodic charges paid. The return of all such periodic charges will be made within thirty (30) days of the cancellation date, and if all such periodic charges have not been reimbursed within thirty (30) days of the cancellation date, interest will be assessed against us as required by applicable law. If the billing frequency is less than monthly (e.g. annually or semi-annually), you will be provided a prorated refund of the Membership Fee paid for any unused portion of the Membership Term remaining after the next monthly anniversary of your account activation. Any cancellation of membership in the Program will not affect any Services received by a canceling Member before the effective date of the cancellation. IF YOU CANCEL WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE AND DO NOT USE THE SERVICES DURING SUCH PERIOD, YOU WILL RECEIVE A FULL REFUND OF THE INITIAL MEMBERSHIP FEES AND PROCESSING FEE (IF APPLICABLE).
- 3. Membership Term. Once the initial fee for membership in the Program (“Membership Fee”) and any enrollment, processing or other fee is paid, you will be entitled to all Services for the term (“Membership Term”) you select at the time of activation, commencing on the date of our receipt of the activation, so long as you continue to pay required Membership Fees and otherwise comply with the terms of this Agreement. You may select from membership Terms offered at the time of activation which may include monthly or annual options.
- 4. Automatic Renewal of Membership Term. At the conclusion of the Membership Term, membership in the Program will be renewed automatically unless you notify us before the new Membership Term, that you wish to cancel your membership in the Program. If you either fail to notify us of your election not to continue the Membership, membership in the Program will be renewed automatically and the Membership Fee for an additional term will be charged against your credit card or by debit to your checking account, as applicable. Should you have any questions concerning the Program, or the continuation or cancellation of membership, you should call a Member Services Representative as listed on the App.
- 5. Complaint Procedure. Any complaint regarding Program membership should be directed to Member Services at the toll-free number on the App. After we have investigated the complaint, you will receive an email disclosing the results of that investigation no later than 60 calendar days after our receipt of the complaint.
- 6. Membership Payment/Billing. Payment of the initial Membership Fee and any renewal Membership Fee will be made automatically by a charge against your credit card or by a debit to your checking account (depending on the payment option authorized by you) for the full amount of the Membership Fee for the Membership Term. If you choose to pay Membership Fees by a direct charge against your credit card or by a direct debit to your checking account statement may not receive notice of a Membership payment due; rather, you will be notified of the billing in your credit card or checking account statement. You hereby give us authorization to bill and receive payment for the Membership Fee as set forth in this Agreement. We reserve the right to increase the Membership Fee for a future Membership Term, in which case you will be notified and the increased Membership Fee will be effective upon renewal of the Program membership. If you wish to add additional members of your family who reside outside of the United States to your plan, you agree to pay an additional $5 per person per month for such family member(s).
- 7. Membership Representations and Acknowledgments. In return for the Services available under the Program, you hereby make the following representations and acknowledgments:
- (a) You have read this Agreement carefully, including the Program benefit descriptions, and are aware and acknowledge that the Program is NOT insurance.
- (b) You may cancel your Program membership at any time before the conclusion of the Membership Term and will be entitled to a refund as set forth above.
- (c) Unless you cancel your membership in accordance with these Terms and Conditions, the Program membership will be automatically renewed on the first day following the conclusion of a Membership Term, and payment of the Membership Fee for the new Membership Term will be made by a direct charge against your credit card or by a debit to your checking account.
- (d) Membership in the Program and or your rights or duties under this Agreement may not be assigned or delegated without our prior express written consent. You acknowledge that the Program membership is only for your personal benefit or the benefit of your immediate family members. “Immediate family members’’ are a spouse or registered domestic partner, children up to the age of 26, parents in the household over age 60 and any other IRS Dependents, or any other family member residing outside of the United States for which you have agreed to pay the additional monthly fee. Your violation of this paragraph may, at our discretion, result in immediate termination of the Program membership. Immediate family members must be registered with us.
- (e) We do not guarantee the quality of the services or products offered by individual providers. We do not recommend or endorse any particular provider listed in the App. The listed providers participate are independent of us.
- (g) We do not warrant, represent or guarantee that there is or will be a Provider available or willing to provide any of the Services to you. Neither this Program, ALÓ MEDICO, our affiliates, nor any network accessed shall be liable for any payment to a Provider accessed under the Program. Neither this Program, ALÓ MEDICO, its affiliates, nor any network accessed is an insurer, guarantor or underwriter of the responsibility or liability of your or your dependents’ medical care or any other goods or services provided to you or your dependents.
- (h) You are solely responsible for selecting any tele medicine Provider and in the event you are dissatisfied with any product or service, you will look solely to the Provider, seller, merchant, vendor or manufacturer for any satisfaction of claim. You are advised that any Service included in the Program is subject to availability and may be changed or discontinued from the Program at any time without notice to you.
- (i) The Program is not insurance and it may not reduce deductibles, co-payments or other out-of-pocket expenses for Services that are covered by insurance. Additionally, the Program may not be used to coordinate coverage with Medicare or other government assistance programs.
- 8. General Release. You, for yourself, and on behalf of any Dependent who uses the Services under the Program membership (“Membership Participant’’), hereby forever release, acquit and discharge each of ALÓ MEDICO and its employees, officers, directors, agents and affiliates from any and all liabilities, claims, demands, actions, and causes of action that you, Membership Participant or your legal representative(s) may have by reason of any damage or personal injury sustained as a result of or during the course of the use of any Service. The sole recourse available to you, a Membership Participant or your legal representative(s) against ALÓ MEDICO will be cancellation of the Program membership as provided above. You can find the specific details regarding your membership with ALÓ MEDICO, the permissions, rights and limitations thereto at any time. Simply sign in to your ALÓ MEDICO account for details. Our list of fees for each type of registration as well as the rights and limitations thereto is found in your Member profile dashboard on www.alomedico.com/
- a. Billing: By starting your ALÓ MEDICO membership, you are expressly agreeing that we are authorized to charge you the monthly membership fee, as well as any additional Service charges that may apply for use of the platform. You agree that we are authorized to charge you the membership fee at the then-current rate to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with advanced notice, as set forth above. As used in these Terms and Conditions, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month or year (as the case may be) thereafter unless and until you cancel your membership. You will be able to view billing information via your ALÓ MEDICO account, accessible through the website or the mobile application. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying membership, and you agree to such automatic charges. Membership charges are fully earned upon payment. Note: In the event your monthly membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31, your Payment Method would next be billed on February 28. Except as otherwise provided for herein, payments are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by sending an email to the email address associated with your account. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from your Account management page. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
- b. Ongoing Membership: Your ALÓ MEDICO membership will continue in effect unless and until you cancel your membership, if we are unable to charge your payment method or if we terminate it. You must cancel your membership before it renews each billing period in order to avoid billing of the next membership fee to your Payment Method. We will bill the membership fee at the then-current rate plus any applicable tax or service charges to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Except as provided for in this Agreement, Membership fees are fully earned upon payment.
ALÓ MEDICO AS A PLATFORM
ALÓ MEDICO serves as a web-based platform and Application, providing access to tele-medicine health care Providers and professionals over our web service and App. ALÓ MEDICO grants users access to proprietary software tools, learning resources, and access to professional medical practitioners and services through its business and communications network. ALÓ MEDICO is not responsible for, and does not engage in providing any medical services, counseling, prescription, or advice. ALÓ MEDICO does not provide medical services or medical advice; all Services offered through the Site, App, or network are provided by independent Providers, medical professionals or organizations that are not related to, or controlled by ALÓ MEDICO. ALÓ MEDICO does not support, condone, or warrant that any information or diagnosis by any third party health professional or Provider is accurate or correct. You hereby release and hold ALÓ MEDICO harmless from any responsibility as a result of any decision made by you based on the App.
You acknowledge that ALÓ MEDICO does not hold or act in a position of trust and confidence in relation to your use of the ALÓ MEDICO Site or App, nor shall any action, advice, or service offered by ALÓ MEDICO to you create such a position of trust and confidence between ALÓ MEDICO and yourself. As such, no personal relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between ALÓ MEDICO and yourself or any user or third party hereunder. ALÓ MEDICO makes no warranties or representations about the effectiveness or accuracy of any advice or Program offered, or of the effectiveness and accuracy of opinions or services of third party Providers who may offer advice or services through the ALÓ MEDICO Site or App or who may be linked to via the Site or App, about the quality and efficacy of any such services or opinions offered by any third party Provider, about the accuracy of information provided by any party, or about the ability of any Service offered by ALÓ MEDICO or any third party to address any specific need of the user.
8. Use With Your Mobile Device
Use of the Program may be available through a compatible mobile device, Internet, App, and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. ALÓ MEDICO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE PROGRAM AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE PROGRAM.
ONLINE AND MOBILE ALERTS
ALÓ MEDICO may, but is in no way obligated to, from time to time provide automatic alerts (at your expense) and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Data or access of your account by an unfamiliar device.
ALÓ MEDICO may, but is not required to, request you to turn on voluntary account alerts as part of the Program. These alerts allow you to choose alert messages for your accounts. ALÓ MEDICO may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert may have different options available, and you may be asked to select from among these options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Program may be delayed or prevented by a variety of factors. ALÓ MEDICO may make, but is not obligated to make, commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert that should be made available to you. ALÓ MEDICO shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts will be sent to the email address you have provided as your primary email address for the Program, or texted to you at any mobile number you may have provided during Registration. If your email address or your mobile device’s email or phone address changes, you are responsible for informing us of any changes. Changes to your email address or mobile number will apply to all of your alerts.
Alerts may include your Login ID and other personal information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
USER SUBMITTED CONTENTYou, and not ALÓ MEDICO, are entirely responsible for all publicly accessible Content that you upload, promote, sell, transfer, or otherwise convey or transmit via the Website or App. You expressly acknowledge and agree that your submission of Content for public use on chat rooms or message boards on the Site and App will, if accepted by ALÓ MEDICO in its sole discretion, will be accessible to the public, and that there is no confidentiality or privacy with respect to your publicly displayed Content, including any personally identifying information that you may make available relating thereto. THE FOREGOING DOES NOT APPLY TO INFORMATION YOU SUPPLY US FOR PRIVATE USE, OR PERSONALLY IDENTIFYING INFORMATION WHEN YOU FIRST REGISTER FOR THE APP- ONLY FOR INFORMATION YOU MAKE PUBLIC ON ANY PUBLIC FORUM, CHAT ROOM OR MESSAGE BOARD.
ALÓ MEDICO does not pre-screen Content, but reserves the right in its sole discretion to remove any Content that is made publicly available via the Site or the App. ALÓ MEDICO reserves the right to remove any Content for any reason, including without limitation, Content that reasonably appears to violate our Terms and Conditions or is otherwise objectionable.
By uploading Content to our Site or our App, you agree:
- (i) All information submitted by you will be genuine and authentic, and any indicated origin, source, creator, manufacturer, and/or provenance will be true and accurate;
- (ii) That you own or have the necessary licenses, rights, consents and permissions ("Rights") to your Content and any other works that you incorporate into your Content, and you authorize and license ALÓ MEDICO to use your Content in the manner contemplated in these Terms and Conditions; and
- (iii) That you will provide true, accurate, current and complete information, and to make any and all disclosures required under applicable law, relating to business or other proprietary assets submitted by you in connection with any Service hereunder.
- (iv) All information is related to ALÓ MEDICO subject matter and for no other purpose.
By submitting your publicly available Content to ALÓ MEDICO, you hereby grant ALÓ MEDICO and its affiliates a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses to (i) host, cache, store, archive, index, crawl, create algorithms based on, or modify your Content to appropriate media formats or mediums in any and all forms and by whatever means; (ii) to use, license, sell, digitize, stream, store, distribute, exhibit, reproduce, display, modify, adapt, edit, excerpt, communicate, translate, prepare derivative works and compilations of, compress, transmit, integrate, insert, market and promote your Content in any and all forms and media and by whatever means, and to exploit any and all rights relating thereto and derived therefrom; and (iii) to use your Content, in whole or in part, for and in connection with advertising, promotional or commercial purposes, including without limitation, the right to publicly display, reproduce and distribute your Content in any and all forms and media and by whatever means whether now known or hereafter devised or created, to exploit any and all rights relating thereto and derived therefrom, and to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights.
INTELLECTUAL PROPERTY RIGHTS
The marks appearing on the ALÓ MEDICO Site or App or any affiliated website or application, including, but not limited to, ALÓ MEDICO’s respective logos, emblems, slogans, trade dress and designs are trademarks and/or service marks of ALÓ MEDICO (the “Marks”). You agree not to use or otherwise appropriate any of ALÓ MEDICO’s Marks appearing on or in association with ALÓ MEDICO or any affiliated website or app. You will further indemnify ALÓ MEDICO against any loss or damage accruing to it as a result of your unauthorized use of the ALÓ MEDICO Marks, including the payment of any attorney’s fees.
Any third-party trademarks and/or service marks appearing on ALÓ MEDICO are the property of their respective owners and may not be used without the express permission of those respective owners. You agree not to use or otherwise appropriate any third-party trademarks or service marks appearing on or in association with ALÓ MEDICO, and you assume any and all liability associated with any unauthorized use. You will further indemnify ALÓ MEDICO against any loss or damage accruing to it as a result of any unauthorized use, including the payment of any attorney’s fees.
You further acknowledge and agree that:
- (a) all Marks, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the “look and feel”, and the operation of ALÓ MEDICO (the “Site and App Content”) are protected by various intellectual property laws in the United States and abroad, including, but not limited to, copyright law, trademark law, and common law principles of trade secret and trade dress; and
- (b) all rights associated with the Site and App Content are owned by ALÓ MEDICO, its licensors, or third-party content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Site and App Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Site and App Content.
You may not use the Site and App Content, domain names (in whole or in part), or e-mail addresses related to or derived from ALÓ MEDICO, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from ALÓ MEDICO, for any purpose; meaning that you may not, among other prohibited uses, use any Website Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from ALÓ MEDICO:
- (a) in or as any meta-tag or hidden text;
- (b) in or as part of any contextual marketing directory, index, or triggering term;
- (c) as content or advertising related to any other website including, but not limited to, critical, comparative, or informational websites; and/or
- (d) as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as ALÓ MEDICO or controls the content of any other Internet browser window.
DIGITAL MILLENNIUM COPYRIGHT ACT
ALÓ MEDICO is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on ALÓ MEDICO infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on ALÓ MEDICO infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to the following address:
BASE OF THE PYRAMID ORGANIZATION LLC
Attn: DMCA Manager
121 Crandon Blvd Ste 255
Key Biscayne, FL 33149
THIRD PARTY PRODUCTS
ALÓ MEDICO may connect you with unaffiliated third party Providers that offer Tele-Medicine Products and Services (the “Products and Services”). ALÓ MEDICO is merely a platform to connect its users, and therefore does not verify the accuracy or veracity of any third party provider. You are strongly urged to conduct your own due diligence upon making any offers, accepting offers or contracting any services.
LIMITATION OF LIABILITY
Any communications or interactions between yourself and with third parties, Providers, merchants, advertisers or otherwise on or through the ALÓ MEDICO Site or App, including payment for related Products or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You acknowledge and agree that ALÓ MEDICO is not responsible for the acts or omissions of its unaffiliated third parties and shall bear no responsibility (financial or otherwise) as a result of any action or inaction on the part of any third party with respect to your contact information, and/or any Product or Service or otherwise. Furthermore, ALÓ MEDICO shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties, Providers, merchants and/or advertisers on the ALÓ MEDICO Site or App.
In the event that you have a problem or issue with a third party or incur damage as a result of third party action or inaction for any reason, you must contact the third party directly to resolve such issue. In the event that your personal data is misused by any third party, ALÓ MEDICO shall bear no responsibility for such unauthorized dissemination, and shall not be liable in any way for the actions of any third party affiliate which may receive your contact information. In the event of a dispute between yourself and one or more Providers, you hereby release ALÓ MEDICO (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By agreeing to these Terms you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
ALÓ MEDICO does not assume responsibility to verify the age of individuals submitting registration forms. However, ALÓ MEDICO reserves the right to request supporting information to verify the age of any individual submitting a registration form.
LINKING AND THIRD-PARTY ADVERTISING
Not Responsible For Links to Other Web sites. From time to time the Site or the App may include links to third party websites. These links are provided for your convenience to offer you further information on Products and Services. We have no responsibility for the content of the linked website(s). Unless expressly stated otherwise on this Site or in the App, ALÓ MEDICO does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, Services, calculations, information, products or materials available at or through any third party web sites to which this Site or the App may provide a link or may put you in contact with. By using this Site or this App you acknowledge and agree that ALÓ MEDICO will not be responsible or liable to you or any other person for any damages or claims that might result from your access and use of such third party content, Product and/or Service, calculation, information, products or materials.
You agree and acknowledge that we may revise or change these Terms and Conditions at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms and Conditions as they appear on this Site or App at the time you access this Site or the App. Because these Terms and Conditions may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, and Program, and materials on or available through this Site or App are subject to updating, cancellation and/or revision without notice to you. ALÓ MEDICO reserves the exclusive right to change pricing, at any time, with prior notice. These Terms and Conditions were last revised on September 21st, 2018.
You understand and acknowledge that ALÓ MEDICO controls and operates this Site and the App from within the United States of America. This Site and the App provide information regarding services and products that are made available only in the United States. We make no representation that the Program or products about which information may be provided on this Site or App will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Site and the App.
USER IDs AND PASSWORDSCertain areas or features of this Site and of the App may be restricted to users who have obtained a user identification and password by completing a registration process described on this Site or in the App. Additionally, in order to receive information from third parties regarding the Products and Services, you will be required to complete the registration process. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify ALÓ MEDICO immediately if you believe your user identification, password, or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Site or App by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Site or App that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
THE INTERNET AS AN OPEN NETWORKWhile certain designated parts of this Site or the App employ technologies to secure your data and the transmissions between you and ALÓ MEDICO, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.
PRIVACY AND SECURITY
Required Information: We identify what information is required to fulfill your order, and to provide you with additional information from third party Providers regarding the Products and Services. If you choose not to provide such required information, we may not be able to connect you with third parties who are capable of fulfilling your order or providing you with additional information.
Service Providers: In some cases, we employ or use service providers such as consultants, temporary workers and third party software developers, to complete a business process or provide a service on our behalf. When we employ service providers, we may need to share your personally identifiable information. Service providers are strictly prohibited from using your personally identifiable information for purposes other than to act on our or your behalf.
Legal Disclosures: In some instances we may be required to disclose certain information to comply with a legal process or mandate, such as a court order, subpoena, search warrant, or law enforcement request.
Web Site Usage Data: Our Site and App tracks usage data, including, for example, IP address, browser type and version, which pages are viewed, which page, if any, linked a visitor to our site, and which link, if any, a visitor follows off of our site. We use this data in the aggregate and on an individual level to better understand web site activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized web site experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. In no event will we sell or provide your data to any third party other than tele-medicine providers, except as may be otherwise provided by law or court order. If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, in any future communications or by sending an e-mail to email@example.com.
COPPA. Our Site and the App are not designed to appeal to children under the age of 13. Therefore, we don’t knowingly attempt to solicit or receive any information from children.
If you make any unauthorized use of this Site or the App or violate the Terms and Conditions: (a) you may be in violation of the laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to ALÓ MEDICO and/or its Site and/or App. You agree to indemnify ALÓ MEDICO and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Site and the App, your registration and/or your breach/violation of or failure to comply with the Terms and Conditions.
THIRD PARTY PURCHASES
If you wish to purchase or order any Products or Services through unaffiliated third parties, you will be purchasing or ordering such Products or Services directly through such third party and not through ALÓ MEDICO, and must contact such third party with any issue, question, rebate, refund, customer service or inquiry. ALÓ MEDICO may connect you with a third party Provider offering the Products or Services that you require, but in no way services or handles any such transaction.
Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. The third party offering the Products or Services reserves the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service, to impose conditions on any coupon or promotional code and to refuse any order in their sole discretion. If you have an issue with a third party Provider, you must contact the third party Provider to resolve such issue. ALÓ MEDICO is in no way responsible for the quality or condition of the Products or Services that you receive through such unaffiliated third party Provider.
UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, PROGRAM, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE OR THE APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALÓ MEDICO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, PROGRAM, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE OR THE APP COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. ALÓ MEDICO HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, PROGRAM, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE OR APP.
YOU ACKNOWLEDGE AND AGREE THAT ALÓ MEDICO IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SITE, THE APP OR ITS OPERATION, OR WITH ANY PRODUCT OR SERVICE ORDERED THROUGH THIS SITE OR APP, OR WITH THE HANDLING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES. AS TO THE OPERATION OF THIS SITE OR APP, ALÓ MEDICO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALÓ MEDICO MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS SITE OR APP WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE SITE OR APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS SITE OR THE APP WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT ALÓ MEDICO, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE OR APP.
The Tele-medicine service is provided by TELEMED, S.R.L., 24 hours a day, three hundred and sixty-five (365) days of the year, to you and your immediate family. The Tele medicine program can only be used by you and your direct dependents, and may not be transferable to other persons. TELEMED reserves the right to provide or withhold the TELEMED Service to you under the following conditions: psychotic symptoms of any nature, unconscious, stuporous and comatose state of alertness, multiple trauma, severe cranial brain trauma, contagious infectious patients and serious intoxications, dependent drugs, alcohol intoxication, injuries caused by attempted suicide or fights and deaths, as well as in those cases where a crime has been committed or the assistance that led to it (abortion, wounds with knives, etc.). In case it is verified that TELEMED has not provided services to you in the cases of aforementioned ailments, TELEMED and ALÓ MEDICO will be exempt from liability to you.
ALÓ MEDICO is not responsible for emissions or printing errors or changes in terms, conditions or internal policies implemented subsequent to these conditions. You acknowledge our or TELMED's ability to change the terms and conditions as we or TELEMED deem appropriate. Changes to the Terms and Conditions may expand or limit the benefits listed here. For additional information visit the website www.telemed.com.do.
ALÓ MEDICO NOT LIABLE
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL ALÓ MEDICO BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, THE APP, OR THE CONTENT, SERVICES, PROGRAM, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE OR THE APP, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES, PROGRAM, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE OR THE APP. YOU AGREE THAT ALÓ MEDICO SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY 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 OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL ALÓ MEDICO'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU WITHIN THE LAST 12 MONTHS, IF ANY, IN ACCESSING OR USING THIS SITE OR THE APP.
COMMUNICATIONS WITH COMPANY
Time Sensitive Instructions: When communicating with us through this Site or App, instant messenger chat or via e-mail, do not use the Site or App, instant messenger, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Site, instant messenger, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
E-Signature: General communications through this Site, the App, instant messenger, chat, or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.
Recording & Monitoring of Communications: Your communications with us via the Site, App, instant messenger, chat, e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
Prohibited E-mail Content: All of our employees are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our employee’s employment. The Company does not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising. Please report any such violations to ALÓ MEDICO. The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our employees is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law.
Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail or furnished by third parties and the Company makes no warranties, express or implied, with respect to such data or information.
Opt-Out: E-mails sent by us may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from ALÓ MEDICO, you may opt-out by sending an e-mail to firstname.lastname@example.org.
Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
You acknowledge that certain features of this Site and App, and the Program, as well other services of ALÓ MEDICO, including those that may be available through this Site and App, may be subject to terms, conditions and disclaimers in addition to these Terms and Conditions, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.
Permission to Be Contacted: By submitting information to ALÓ MEDICO through the Site or otherwise, you are making an inquiry as to products or services offered by ALÓ MEDICO, and give ALÓ MEDICO permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.
Reasonable Efforts: ALÓ MEDICO is not responsible for delays resulting from third parties.
Note to Florida Consumers: Validity; Applicability. The validity or unenforceability of any term of this Agreement will in no way affect the validity or enforceability of any other term of this Agreement. The terms of this Agreement will apply to the parties and their respective successors and permitted assigns.
You agree that if any provision of these Terms and Conditions shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of such other provisions.
Any notice, consent, approval, complaint, request or other written communication given or required under this Agreement must be sent by first class mail, postage prepaid, or by an overnight delivery service such as FedEx or United Parcel Service, and, if from ALÓ MEDICO, addressed to the Member, at the address shown in ALÓ MEDICO's records, or, if from the Member, to ALÓ MEDICO at:
VELIVE CORP. d/b/a ALÓ MEDICO
121 Crandon Blvd Ste 255
Key Biscayne, FL 33149
© 2018 VELIVE CORP. All rights reserved.