These Terms and Conditions (“Terms and Conditions”) form a legal agreement between Diversified Medical Healthcare Inc. doing business as RapidRona Powered by MyHealthPro. Use of any of RapidRona Powered by MyHealthPro’s digital platforms, including but not limited to web sites, social media, blogs, mobile applications (collectively “Digital Platforms”) constitutes your acceptance of these “Terms and Conditions.”
RapidRona Powered by MyHealthPro on its own behalf and on behalf of its affiliates (collectively "RapidRona","we", "us", or "our"), makes certain health related information available to you and/or facilitates your access to remote medicine, products and medical expert services ("RapidRona Services"). RapidRona owns and operates Digital Platforms that require you to create an account in order to access RapidRona Services.
By using the Digital Platforms, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to all Digital Platforms. Please print a copy of these Terms and Conditions for your records.
RapidRona may in its sole discretion, without prior notice to you, revise the Terms and Conditions at any time. Should these Terms and Conditions change materially, RapidRona will update the Effective Date and post a notice regarding the updated Terms and Conditions on our Digital Platforms. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of our Digital Platforms and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Websites and the Platforms after such changes are posted you agree and consent to all such changes.
You may access and use the Digital Platforms via remote access connectivity. RapidRona grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Digital Platforms in accordance with these Terms and Conditions. In order to use the Platforms, you will be asked to register an account and create login information, including without limitation, username and passwords. You must safeguard your login information that you use to access our Digital Platforms and you must not disclose this information to anyone. You must immediately notify RapidRona of any unauthorized use of your user account or of any other breach of security that you become aware of involving and relating to the Platforms by e-mail to email@example.com.
RapidRona is not an insurance provider nor are we a prescription fulfillment warehouse. RapidRona’s role is limited to making certain remote health related information available to you and/or facilitate your access to testing products and expert medical services. RapidRona is independent from healthcare experts who provide expert medical services through our Digital Platforms and is not responsible for such healthcare providers’ acts, omissions or for any content of the communications made by them. RapidRona does not engage in the practice of medicine.
By registering on our Digital Platforms, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with RapidRona, (iii) the information you have provided to RapidRona in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of our Digital Platforms, (v) you will not interfere with a third party’s use and enjoyment of our Digital Platforms, (vi) you will not interfere with or disrupt RapidRona’s or its vendors’ security measures, (vii) if any information you provide to RapidRona becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify RapidRona, (viii) you acknowledge that access to the healthcare products and services provided through the Platforms are not “insured services” under any health plans, (ix) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by RapidRona or its representatives that such health care services will be made available to you, and (x) you are accessing our Digital Platforms for yourself.
If you violate these Terms and Conditions, your ability to use our Digital Platforms will be terminated. RapidRona may, in its sole discretion, terminate your access to our Digital Platforms, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy RapidRona may have available at law. Further, RapidRona shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use our Digital Platforms. Upon any termination of these Terms and Conditions you must immediately cease use of our Digital Platforms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.
In using our Digital Platforms, you agree not to:
Send or otherwise transmit to or through our Digital Platforms any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to our Digital Platforms or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
Misrepresent your identity, profile information or affiliation in any way;
Restrict or inhibit any person from using our Digital Platforms, disclose personal information obtained from our Digital Platforms or collect information about users of our Digital Platforms;
Reverse engineer, disassemble or decompile any section or technology on our Digital Platforms, or attempt to do any of the foregoing;
Gain unauthorized access to our Digital Platforms, to other users’ accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to our Digital Platforms;
Launch or use any automated system, including without limitation, "robots", "spiders", or "offline readers", that access our Digital Platforms in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
Send or otherwise transmit to or through our Digital Platforms chain letters, unsolicited messages, as defined in the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) Act of 2003 (Public Law 108-187), which took effect on January 1, 2004;
Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;
Violate any applicable laws or regulations in any way;
Alter or modify any part of the content or services offered on or through our Digital Platforms;
Allow any other person to use the Platforms with your registration or login information;
Breach or otherwise circumvent RapidRona’s security or authentication measures; and
Assist or permit any persons in engaging in any of the activities described above.
RapidRona is the sole and exclusive owner of our Digital Platforms, including any and all copyright, patent, trade-mark, trade secret and other ownership and intellectual property rights, in and to our Digital Platforms and any related materials and documentation. No title or ownership of our Digital Platforms or any portion thereof is transferred to you hereunder. RapidRona reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from our Digital Platforms.
You may provide input, comments or suggestions regarding our Digital Platforms or RapidRona Services (“Feedback”). You acknowledge and agree that RapidRona may use any Feedback without any obligation to you and you hereby grant RapidRona a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as RapidRona may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.
Our Digital Platforms may contain links to third-party websites. These Terms and Conditions do not apply the any third-party websites. Linked sites are not under the control of RapidRona, and RapidRona is not responsible for the content of any linked site. Links are provided as a convenience only, and a link does not imply that RapidRona endorses, sponsors, or is affiliated with the linked site. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. RapidRona disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites. Further, reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by RapidRona. Any views expressed by third parties on our Digital Platforms are solely the views of such third party and RapidRona assumes no responsibility for the accuracy or veracity of any statement made by such third party.
You agree to defend, indemnify and hold RapidRona, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (collectively “Parties”), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access or use of to our Digital Platforms; and (c) provision of other disclosure to RapidRona of any other information or data and the use of same by Parties as contemplated hereunder.
IN NO EVENT SHALL ANY OF THE “PARTIES” BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RapidRona shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond RapidRona’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.
Our Digital Platforms are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, RapidRona disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. RapidRona does not warrant that our Digital Platforms will be uninterrupted or error-free, that defects will be corrected or that our Digital Platforms or the server that makes it available are free of viruses or other harmful components.
RapidRona makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website and Platforms for a particular purpose. RapidRona assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of our Digital Platforms.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Our Digital Platforms are not intended for children under the age of 18. If you are under 18 years of age, please do not use or access the Websites or Platforms at any time or in any manner. By using the Websites or Platforms, you affirm that you are over the age of 18. RapidRona does not seek through our Digital Platforms to gather personal information from or about persons under the age of 18.
These Terms and Conditions are governed by the laws of Delaware. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Delaware in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction. If any provision of these Terms and Conditions is found to be invalid by any United States court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
No delay or omission by RapidRona to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by RapidRona must be in writing and signed by an authorized representative of RapidRona.
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions constitute an agreement between you and RapidRona as it relates to the access to, and use of, our Digital Platforms and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between RapidRona and you.
These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with RapidRona’s prior written consent. RapidRona may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, RapidRona under the Terms and Conditions, you may contact us at:
Diversified Medical Healthcare Inc
Attn: Compliance Officer
6000-A Pelham Road
Greenville, SC 29615
RapidRona may provide notices or communications to you on our Digital Platforms and you agree that such notices shall constitute notice to you whether or not you actually access the notice.