Terms & Conditions
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DBA Telmdfirst.com, TELEMED SERVICES (Aquarius Media LLC HEREIN COLLECTIVELY REFERRED TO AS Telmdfirst.com).
These Terms and Conditions Are Our Entire Agreement. These Terms and Conditions, subject to amendment from time to time, represent the entire understanding and agreement between you and Telmdfirst.com with respect to the subject matter of the same, and supersede all other negotiations, understandings and representations (if any) made by and between you and Telmdfirst.com. These Terms and Conditions shall not be construed more strongly against Telmdfirst.com despite Telmdfirst.com responsibility for its preparation. Any updates to these Terms and Conditions will be posted on Telmdfirst.com.
BY PLACING AN ORDER FOR Telmdfirst.com PRODUCTS AND OR ENROLLING IN OUR Telmdfirst.com TELEMED SERVICE. (TELEMED SERVICES) YOU AGREE /ACCEPT AND UNDERSTAND THE TERMS OF THE OFFER BELOW (AGREEMENT – WE URGE YOU TO READ THE TERMS OF OFFER CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CALL OUR CUSTOMER SERVICE TEAM AT 888-215-2154.
TELEMED SERVICE MEMBERSHIP
Membership in the Telemed (Tele-Medicine) service is open to individuals who are legal residents of the continental U.S. (excluding Hawaii, Alaska and the U.S. Virgin Islands), who are at least age 18 as of the date of enrollment and have the capacity to enter into a binding contract. The Telemed service is void elsewhere and where prohibited. Telmdfirst.com members gain access to MDlive.com service through Telmdfirst.com at very special rates.
AUTOMATIC BILLINGS. As a member of the Telemed Service you will receive exclusive benefits at the recurring term (monthly, quarterly, bi-annually, annually) price disclosed to you and selected by you at the point of purchase. You will continue to be charged each membership cycle you selected for the following cycle (monthly, quarterly, bi-annually, annually) until you contact customer service to discontinue your service or discontinue your service online. Any discontinuation or suspension of the membership service will discontinue future billings. We are unable to provide refunds or credits for the current membership terms. Although, you will have fourteen calendar days from the date of last billing to downgrade any membership term to a shorter term but not less than a monthly term. In such cases any financial adjustments will be made to your selected form of payment. ANY REFUND REQUESTS FOR MEMBERSHIP BILLINGS MUST BE RECEIVED BY US EITHER ONLINE OR BY PHONE WITHIN 24 HOURS OF MEMBERSHIP BILLING FOR THAT CYCLE. EXCEPT A MEMBERSHIP BILLING THAT HAS A TERM LONGER THEN ONE MONTH WILL HAVE 24 HOURS TO REQUEST A FULL REFUND FOR THAT MEMBERSHIP BILLING AND 14 CALENDAR DAYS (FROM THAT BILLING DATE) TO REQUEST A REFUND ON ANY UNUSED FUTURE TERMS LESS THAT MONTH IN THAT BILLING CYCLE.
RECURRING MEMBERSHIP PAYMENTS. All recurring charges will be automatically charged to the credit or debit card you provided upon enrollment Telmdfirst.com is not responsible for any fees or other charges (including, without limitation, overdraft fees charged by your bank) resulting from the charges you have authorized in this Agreement.
USE OF TELEMED SERVICE MEMBERSHIP. Your Telemed membership is non-transferable. You agree that only you and your Immediate Family may use the Telemed membership_ Immediate Family means you, your spouse or partner and your children living at your home. Participation in the Telemed service is subject to this Agreement, as well as policies and procedures that Telmdfirst.com may adopt or modify from time to time. Any failure to abide by this Agreement or any policies or procedures implemented by Telmdfirst.com any conduct detrimental to Telmdfirst.com, or any misrepresentation or fraudulent activities in connection with the Telemed service program, may result in termination of membership in the Telemed service program, as well as any other rights or remedies available to Telmdfirst.com. If we suspend or terminate membership for any reason specified in this Section 11, we reserve the right to not refund any fees paid by you.
MODIFICATION OR TERMINATION OF THE TELEMED SERVICE. Your membership in the Telemed service is offered at the discretion of Telmdfirst.com, and it reserves the right to modify these terms and conditions, condition of participation, or any other aspect of the Telemed service, in whole or in part, at any time, with or without notice to you (except as otherwise specified herein).
MONTH TO MONTH SUBSCRIPTIONS: By signing up for a month to month subscription, you are agreeing to a six month long commitment. You can cancel your monthly subscription any time after your six month long commitment has ended. You may notify us of your intent to cancel at any time. If your cancellation request comes before the completion of your six month commitment, your payment method will automatically be processed until the end of the six month term from the beginning of your subscription and you will not receive a refund for the first six months of payment. If your cancellation request comes after the six month commitment has concluded, your cancellation will become effective at the end of your current monthly billing period. You will not receive a refund for that month; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period. If your cancellation is within the first month of service you will be subject to a one-time visit fee of $82.
YEARLY SUBSCRIPTIONS: When cancelling a yearly subscription, all future charges associated with future years of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current annual billing period. In order to change or cancel your subscription please contact firstname.lastname@example.org
PRODUCTS AND SERVICES. (1) Telemedicine services consisting of- (a) Free access to nurses by phone, 24/7 (b) Speak with a licensed nurse for guidance or to get started with the clinical intake (c) Receive a call back from a nurse and U.S. Board Certified doctor to conduct the tele-consult. (d) If medically necessary, the nurse will coordinate and help facilitate any orders for prescription medications, lab tests, or imaging studies written by the doctor. (e) 48 hour follow up by licensed Nurse.
LIMITATION ON LIABILITY AND DISCLAIMER OF WARRANTIES. By placing an order and/or participating in the Telemed service, you agree Telmdfirst.com and its owner(s), parent, subsidiaries, affiliates, agents, representatives, and employees will have no liability whatsoever for any injuries, losses, claims, damages or any special, exemplary, punitive, Indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, resulting from any use Telemed service or the our service affiliates and partners products and services, any failure or delay by Telmdfirst.com in connection with the Telemed service, the performance or non-performance of the Telemed service by Telmdfirst.com or any other products or services provided by Telmdfirst.com, its licensors, or any other third parties, even if Telmdfirst.com has been advised of the possibility of damages. Telmdfirst.com shall have the right to choose its service partners and affiliate in its sole and absolute discretion. In the event of a disruption in service from a partner or affiliate Telmdfirst.com shall have the right in its sole and absolute discretion to substitute that partner or affiliate with another partner or affiliate. Notwithstanding this disclaimer, if Telmdfirst.com is found liable for any loss or damage which arises out of, or is in any way connected with, any of the occurrences described in this paragraph, then its liability will in no event exceed, in total, the sum of $100.00.
NOTICE OF PRICE CHANGE. As a member of the Telemed service you have the right to receive written notice of all price increases that vary from the amount you previously authorized. If we decide to increase the price, we will notify you by posting it on Telmdfirst.com or via email or via mail and give you an opportunity to cancel your membership before such changes take effect. However, we do reserve the right to lower your membership price at any point in time without notification.
Telmdfirst.com makes no warranty of any kind regarding the Telemed service or the Telmdfirst.com products or services, which are provided on an as is and as available basis. Telmdfirst.com expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Telmdfirst.com is not responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Telemed service or the Telmdfirst.com products and services, including without limitation that the Telemed service or Telmdfirst.com products and services will be error-free, or as to the accuracy, completeness and timeliness of any content or information distributed with respect to the Glue or Telmdfirst.com products and services. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
ENTIRE AGREEMENT. This Agreement contains all of the terms of the program, and no representations, inducements, promises or agreements concerning the Telemed service program not included in this Agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.
GOVERNING LAW. THIS AGREEMENT AND THE TERMS OF THE TELEMED SERVICE SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
ARBITRATION. ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR USE OF THE Telmdfirst.com WEB SITE, YOUR MEMBERSHIP IN THE TELEMED SERVICE, YOUR USE OF THE Telmdfirst.com PRODUCTS. OR TO ANY ACT OR OMISSION FOR WHICH YOU MAY CONTEND
In the event of a dispute between you and Telmdfirst.com, you and Telmdfirst.com agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties€™ mutual interests. All disputes shall be submitted to final and binding arbitration to be conducted in Orange County, Florida, or a location closest to Orange County, Florida if no such location for the chosen arbitration body exists there. MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL. The party filing the arbitration must choose one of the following three arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration:
American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 100174605 (phone: 8007787879) (http://www.adr.org) .National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 554050191 (phone: 8004742371) (http://www.arbforum.com) .JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 (phone: 9492241810) (http://www.jamsadr.com)
In the event that the selected firm cannot administer the arbitration, the party filing the arbitration will select another of the firms. Each party will bear its own expenses, except that the arbitrator will be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous. The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party€™s actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section. During the dependency of such arbitration and until final judgment thereon has been entered, these Terms and Conditions will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable. In the event that any State or Federal court rules that this arbitration provision is defective in whole or part or permits an action to be filed in a State or Federal court then the parties agree to have their dispute heard before a court located nearest to Orange County, Florida. The parties also agree to have any such dispute heard before a Judge and waive any rights to a Trial By Jury.
THAT Telmdfirst.com IS LIABLE, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR CONTROVERSY AS TO ARBITRABILITY (DISPUTE, SHALL BE FINALLY AND EXCLUSIVELY SETTLED BY BINDING ARBITRATION. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION NEAREST TO ORANGE COUNTY FLORIDA THE ARBITRATOR SHALL NOT HAVE THE POWER TO AWARD DAMAGES IN CONNECTION WITH ANY DISPUTE IN EXCESS OF ACTUAL COMPENSATORY DAMAGES AND SHALL NOT MULTIPLY ACTUAL DAMAGES OR AWARD CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, AND EACH PARTY IRREVOCABLY WAIVES ANY CLAIM THERETO. NEITHER YOU NOR USA BENEFITS ADVA NTAGE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. BOTH YOU AND Telmdfirst.com VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
ASSIGNMENT. Assignment of Rights and Obligations Under These Terms and Conditions. Telmdfirst.com may assign its rights and obligations pursuant to these Terms and Conditions without prior notice. You may not assign your Membership or your rights or obligations pursuant to these Terms and Conditions.
CANCELLATION POLICY. Cancellation policy – 1) Based on our records If you have not accessed the services of a doctor or provider you may cancel within 24 hours after your initial enrollment into the membership for a full refund. After 24 hours we will discontinue future billing which means you will have access to the services for the remaining term of your membership paid and we will stop future billings. For terms longer than one month after 24hrs from enrollment you will have 14 days from the date of enrollment to request a credit on any unused months remaining in that term. 2) Based on our records If you have accessed the services of a doctor or provider then the 24 hour rule will not apply for refunds and we will discontinue future billings. For terms longer than one month you will have 14 days from enrollment or renewal term to request a credit on any unused months remaining in that term.
COMMUNICATION BETWEEN US. Call Monitoring/Recording/Prerecorded Messaging/Predictive Dialing/Electronic messaging including but not limited to SMS, Text, MMS, Chat, IM, and Email. You understand that Telmdfirst.com may monitor, tape and/or record any conversation that may occur between us. However, Telmdfirst.com is not obligated to do so and it may choose not to do so. You authorize Telmdfirst.com its and its related companies and affiliates to contact you at their discretion by using prerecorded messaging, Predictive Dialing devices, and electronic messaging including but not limited to SMS, Text, MMS, Chat, IM, and Email. If you choose not to be contacted by this method, please contact Member Services.