These Terms and Conditions apply to healthcare providers, both individuals and entities, that use the telemedicine services provided by Damaka, Inc., at globalcaremd.damaka.com as part of its GlobalcareMD products. These Terms and Conditions apply to the Damaka website located at globalcaremd.damaka.com (the “Site”) and all services provided by Damaka through the Site (the “Services”).
We reserve the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of the Site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the Site shall be subject to these Terms and Conditions.
Damaka does not provide medical, legal, or other professional advice, does not practice medicine or law, and will never have a physician-patient or other professional relationship with you or any patient or other individual with whom you communicate using the Services. Any communication made through the Services is directly between you and the individual(s) with whom you are communicating and is solely governed by your relationship with them. You agree that Damaka is not providing, for you or any other user of the Site or Services, any advice regarding the use of the Site or Services, including compliance or other legal advice.
You agree that you are responsible for complying with all laws, medical board rules, regulations, and any other professional obligations under which your practice operates. You accept full responsibility for providing any needed agreements, consents, notices, and other documents that establish and maintain your relationship with your patients and other individuals that may be involved in a session. You are solely responsible for obtaining any payments for such sessions from patients or third party entities, and Damaka has no liability whatsoever for such payments.
You are solely responsible for your use of the Site and Services and the provision of medical services to your patients. You hereby release Damaka and waive all potential claims against Damaka as a result of your use of the Site and Services, and the provision of medical services to your patients. If applicable and allowed by law, you agree to defend, indemnify and hold Damaka harmless from any claim by or on behalf of any patient of yours or your personnel, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a patient, which is brought against Damaka, regardless of the cause, if such claim arises for any reason whatsoever out of the use or operation of the Site or Services. You agree that you will not, without Damaka’s written consent, agree to any settlement or judgment that provides or implies any finding of fault of Damaka or any defect in the Site or Services. Damaka will promptly notify you in writing of any claim subject to this indemnification, promptly provide you with the information reasonably required for the defense of the same, and grant to you exclusive control over its defense at your expense. Damaka reserves the right to appear and defend any actions in which it is named as a party. You agree to pay and reimburse Damaka’s costs and expenses (including reasonable attorney’s fees) incurred in connection with such a suit.
The content on the Site (including all text, photographs, graphics, video and audio content) is protected by copyright as (a) individual works, and/or (b) a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of any licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein.
(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Site or any content thereon. Without limiting the generality of the foregoing, you may not distribute any part of the Site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database without our consent.
(b) We are concerned about the integrity of the Site when it is viewed in a setting created by a third party that includes advertising, promotional or other materials that we have not authorized to be displayed in conjunction with the content of the Site. Neither you nor any third party shall make use of the contents of the Site in any manner that constitutes an infringement of our rights, including copyright, that has not been authorized by us.
DAMAKA PROVIDES THE SITE AND SERVICES “AS IS.” WE DO NOT WARRANT THAT ACCESS TO, OR USE OF, THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS OR INTERRUPTIONS IN THE SERVICES AND OMISSIONS OR INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT, WITH RESPECT TO THE SITE OR ANY INFORMATION, SERVICES, OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICES, AND DAMAKA DOES NOT WARRANT THAT USE OF THE SITE OR SERVICES WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE MATERIALS AND WE DO NOT WARRANT THAT THE SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SITE AND ANY MATERIALS AVAILABLE THROUGH THE SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED ON THE SITE, AVAILABLE THROUGH LINKS ON THE SITE, OR DISTRIBUTED VIA THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, ANY CLAIM AGAINST DAMAKA SHALL BE LIMITED TO THE AMOUNT YOU PAID TO US, IF ANY, FOR USE OF THE SITE AND SERVICES FOR THE SESSION OR SESSIONS GIVING RISE TO THE CLAIM.
Subject to your compliance with these Terms and Conditions, and your payment of any applicable fees, Damaka grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Services. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice. You agree that Damaka shall not be liable to you or any third party for any such modification, suspension, or discontinuance of the Site or Services. In addition, we reserve the right to terminate your access to the Site or Services for any reason, with or without cause, and to take any other actions that Damaka, in its sole discretion, believes to be in the interest of our company.
As a condition to using portions of this Site and Services, you may be required to supply Damaka with certain registration information. You agree to provide Damaka with your own accurate and complete registration information, and to update your registration information when it changes. You agree not to share your registration information, account information, or access credentials for this site, including the Services, with anyone else.
Our products and services are intended for users who are at least 18 years old. By creating an account with us, you are confirming that you are at least 18 years old.
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, or other information in response thereto.
These Terms and Conditions shall be governed by the laws of the United States and the State of Texas, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The captions to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.