Terms of Use Agreement - Tom Davis ConsultingTom Davis Consulting

The following terms and conditions govern all use of the TED Consulting LLC affiliated websites and all content, services and products available at or through the website, including, but not limited to, discussion forums, private messages, and blogs, (taken together as, “the Sites”). The Website is owned and operated by TED Consulting LLC. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by TED Consulting LLC (collectively, the “Agreement”).Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Your Telemedicine Community, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

General

This Terms of Use Agreement (this “Agreement”) is entered into by and between TED Consulting LLC (the “Author”) and “you,” the user of the content (the Information) on the “Sites” including but not limited to the web blog, also known as “Dr Tom’s Blog”, the newsletter “Value-Based Transformations”, “The Institute For Telemedicine Mastery, Your Telemedicine Community,” and other video, audio and written material accessed through the site. Access to, use of and/or browsing of the Site is provided subject to the terms and conditions set forth herein. By accessing, using and/or browsing the Site, you hereby agree to these terms and conditions.

This agreement contains warranty disclaimers and other provisions that limit the author’s liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing this and affiliated sites constitutes acceptance of these terms and conditions. If you do not agree to be bound to each and every term and condition set forth herein, please exit the site immediately and do not use, access and/or browse this or affiliated sites.

By entering this or affiliated sites, you acknowledge and agree that you have read and understand these terms and conditions, that the provisions, disclosures, and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity.

Medical advice disclaimer

The Author provides this and affiliated sites, services, information, content and/or data (collectively, “Information”) contained therein for informational purposes only. The Author does not provide any medical advice on the Site, and the information should not be so construed or used. Using, accessing and/or browsing the Site and/or providing personal or medical information to the Author does not create a physician-patient relationship between you and the Author. Nothing contained in the Site is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the Site, and you should consult a clinician licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site or affiliated sites or social media channels.

This site does not give medical advice, nor do we provide medical or diagnostic services. This site does not guarantee that the content covers all possible uses, direction, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments. Visitors may not rely on the application of any information on this site as being applicable to specific circumstances. This site, it’s administrators or moderators do not assume any liability or responsibility for damages or injury to you, other persons, or property arising from any use of any information, idea, or instruction contained in this forum. Use the information herein at your own risk.

TED Consulting LLC makes no warranty as to the accuracy of the information, including the legal and medical information shared anywhere on this site. It is the responsibility of you the user to verify the accuracy of the information and you assume all risks and liability for the use of such information.

NEITHER THIS SITE, NOR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, EMPLOYEE, LICENSOR, LICENSEE, DISTRIBUTOR, SUPPLIER, AGENT, OR RESELLER) MAKE ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THIS SITE’S SERVICES, WHICH ARE PROVIDED “AS IS”, OR WITH RESPECT TO THESE TERMS OF USE. THIS SITE EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE THIS WEBSITE.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

In addition, please note that this and affiliated sites may include technical inaccuracies or typographical errors. TED Consulting LLC has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of this forum, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the service services on any particular device or communications service. TED Consulting LLC has no obligation to provide you with notice of any such changes, and TED Consulting LLC is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements except as provided by your subscriber agreement with TED Consulting LLC, if applicable.

Limitation of Liability

IN NO EVENT WILL THE TED CONSULTING LLC ENTITIES OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE TED CONSULTING LLC WEBSITE OR THESE TERMS OF USE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE TED CONSULTING LLC WEBSITE, EVEN IF THE TED CONSULTING LLC ENTITIES OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU AGREE TO USE All INFORMATION HEREIN AT YOUR OWN RISK.

Some states or other jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law.

Responsibility of WebsiteVisitors

TED Consulting LLC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, TED Consulting LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TED Consulting LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Your TED Consulting LLC Account. If you create an account on any of the Sites, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must immediately notify TED Consulting LLC of any unauthorized uses of your account or any other breaches of security. TED Consulting LLC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Subscribers. If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Your Telemedicine Community or otherwise.

By submitting Content to TED Consulting.com for inclusion on the Website (including comments), you grant TED Consulting LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, TED Consulting.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TED Consulting LLC links, and that link to TED Consulting LLC. TED Consulting LLC does not have any control over those non-TED Consulting LLC websites and webpages and is not responsible for their contents or their use. By linking to a non-TED Consulting LLC website or webpage, TED Consulting LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TED Consulting LLC disclaims any responsibility for any harm resulting from your use of non-TED Consulting LLC websites and webpages.

Privacy/HIPPA disclaimer

This website is HIPPA compliant. Stories and anecdotes alluding to specific patients are fictitious and are presented for illustrative purposes only. Such stories have been radically altered to prevent any incidental unauthorized release of protected health information. Patient identifiers such as name, date of birth, sex, geographical location, date(s) and time(s) of service have been dramatically changed. Any similarities to actual patients alive or deceased is purely coincidental.

This site is HIPPA compliant. By accepting these terms of use, you the user are solely responsible for the consequences of sharing any protected health information as defined by HIPPA and it’s successors. You agree not to share PHI and to report the sharing of such PHI immediately to the administrator.

Insurance disclaimer

The Author is not licensed in any way to sell any type of insurance product nor to provide specific information for individual insurance policies. The content of this website and affiliated media channels is for general informational purposes only. It is not meant to create, replace or supplement a professional relationship between an insurance vendor and consumer such as the reader. You should not rely on any information regarding insurance or government programs contained on this site and affiliated media channels. You should consult an appropriately licensed insurance agent for any and all questions regarding your insurance status, coverage needs, and insurance purchases. You hereby agree that you shall not make any insurance related decisions based in whole or in part on anything containing in the Site or affiliated social media channels.

Financial, legal and other advice disclaimers

You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Author. You hereby agree that you shall not make any financial, investment, legal, medical and/or other decision based in whole or in part on anything contained in the Site.

Information disclaimer

The opinions expressed in the Site are not necessarily endorsed by, or the opinions of, the Author. While the cases presented herein are based on true events, the names and details have been changed for privacy to the point where the reader should assume all are fictitious. Any similarities to actual organizations or individuals alive or deceased is purely coincidental.

Any opinions of the Author on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.

The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Author undertakes no obligation to update any Information on the Site; provided, however, that the Author may update the information at any time without notice in the Author’s sole and absolute discretion. The Author reserves the right to make alterations or deletions to the Information at any time without notice.

The Information made available at the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error-free or that any defects can or will be corrected.

Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.

Under no circumstances, as a result of your use of the Site, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the Site for:

damages as a result of lost profits, loss of goodwill, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the Information;
any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
any decision made or action taken or not taken in reliance upon the Information.

Reservation of intellectual property rights

The Site is protected by United States copyright laws. The Author hereby reserves any and all intellectual property rights in the Site.

Age restriction

The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.

Indemnification

You agree to indemnify and hold the Author harmless from any claim or demand, including attorneys’ fees, made by any third party Indemnification

You agree to defend, indemnify, and hold harmless the TED Consulting LLC from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use of this and affiliated sites including, but not limited to, as a result of (1) any content posted or made available by you on this Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Information contained therein.. TED Consulting LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TED Consulting LLC in asserting any available defenses.

Invalidity

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

Governing law, consent to jurisdiction and limitation on claims

This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of New Hampshire without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of New Hampshire. You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

Entire agreement

You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the Site and the Information contained therein.

Modification

The Author may, in the Author’s sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in part at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.

Waiver

The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.

The site and the information contained therein is made available by the author for educational purposes only and is not intended to provide medical advice. By accessing the site, you understand and acknowledge that there is no physician-patient relationship between you and the author. You further acknowledge your understanding that the site should not be used as a substitute for competent medical advice from a licensed physician in your state.

Without limiting any of those representations or warranties, TED Consulting LLC has the right (though not the obligation) to, at the sole discretion of TED Consulting LLC (i) refuse or remove any content that, in the reasonable opinion of TED Consulting LLC, violates any TED Consulting LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, at the sole discretion of TED Consulting LLC.

Responsibility of Moderators and Administrators. “Moderators” are independent contractors retained by TED Consulting LLCto assist in the creation and on-going engagement of content on the forum. TED Consulting LLCmakes no warrant, guarantee or representation as to the accuracy of the information shared by the moderators or administrators. Subscribers are to use such information entirely at their own risk. The subscribers are entirely responsible for any harm arising from any content posted on this forum by the moderators and administrators, including any information regarding the diagnosis and treatment of any medical condition.

TED Consulting LLC. is designed to offer subscribers general health information for educational purposes only. The general health information furnished on this site is not intended to replace personal consultation with a qualified health care professional. Patients must always seek the advice of a professional for questions related to their disease, disease symptoms, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. You should never disregard medical advice or delay in seeking it because of something you have read on this site.

IF YOU HAVE AN EMERGENCY, CALL 9-1-1.

Copyright Infringement.

As TED Consulting LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify TED Consulting LLC. TED Consulting LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.TED Consulting LLC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Your Telemedicine Community or others.

Intellectual Property.

This Agreement does not transfer from TED Consulting LLC to you any Your Telemedicine Community or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Your Telemedicine Community. The TED Consulting LLC logo, and all other trademarks, service marks, graphics and logos used in connection with TED Consulting LLC, or the Website are trademarks or registered trademarks of TED Consulting LLC. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any TED Consulting LLC or third-party trademarks.

Changes.

TED Consulting LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Your Telemedicine Community may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

TED Consulting LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TED Consulting LLC account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The Website is provided “as is”.TED Consulting LLCand its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. NeitherTED Consulting LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

In no event will TED Consulting LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. TED Consulting LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless TED Consulting LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between TED Consulting LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TED Consulting LLC, or by the posting by TED Consulting LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of England and Wales. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TED Consulting LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.