Each Treating Provider who delivers Services through TMates is an independent healthcare professional solely responsible for all Services he or she provides to you. TMates does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by Treating Providers, each of whom is responsible for his or her Services and for compliance with the requirements applicable to his or her profession and license. Neither TMates nor any third parties who promote the Platform or provide you with a link to the Platform shall be liable for any professional advice or Services you obtain from a Treating Provider via the Platform. USE THE PLATFORM AND ENGAGE IN SERVICES BY TREATING PROVIDERS AT YOUR OWN RISK.
None of the Site content (other than the information you receive from Treating Providers) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.
1. Telehealth is the delivery of medical and healthcare services virtually, where the patient and the healthcare professional are not in the same physical location. During your telehealth consultation with a Treating Provider, details of your medical or health history and personal health information will be collected from you.
2. THE MEDICAL CARE YOU RECEIVE FROM YOUR TREATING PROVIDER THROUGH TMates IS NOT A SUBSTITUTE FOR OTHER MEDICAL TREATMENT YOU MAY NEED. You should seek emergency help or follow-up care when recommended by a Treating Provider or when otherwise needed, and continue to consult with your primary care physician and other healthcare professionals as recommended. Your Treating Provider may make arrangements for follow-up care either through TMates, a health systems partner, or other health care providers. Among the benefits of the Platform are improved access to healthcare professionals and convenience. However, as with any medical or health service, there are potential risks associated with the use of telehealth. These risks include, but may not be limited to:
When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password, and certain other information collected by TMates (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use the Platform. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site, will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone or create more than one Account (with the exception of subaccounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. TMates reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall TMates be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site, your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.
Healthcare Providers may wish to use the Site and the Platform for consultation purposes. If you are a Healthcare Provider and are using the Site and the Platform for consultation purposes, you agree that you have obtained all appropriate consents from your patients and all appropriate authorizations if your patient is a minor or is not capable of giving consent.
You may wish to authorize your Caregiver to use this Site and the Platform on your behalf. If you choose to do so, you agree to indicate on the Patient Telemedicine Consent Form that your Caregiver is authorized to act on your behalf.
WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, NOR FOR YOUR USE OF SUCH INFORMATION, SOFTWARE, OR LINKS, NOR FOR THE ACTS OR OMISSIONS OF ANY SUCH WEBSITES OR THEIR RESPECTIVE OPERATORS.
You may deactivate your Account and end your registration at any time, for any reason, by sending an email to support@TMates.com. TMates may suspend or terminate your use of the Site, access to the Platform, Account, and/or registration for any reason at any time. Subject to applicable law,
TMates reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, TMates will have no further obligation to provide you access to the Platform, except to the extent we are obligated to provide you access to your health records or Treating Providers are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE PLATFORM IS AT YOUR SOLE RISK. BOTH THE SITE AND THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TMates EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.
You acknowledge and agree that TMates does not provide medical advice, diagnosis, or treatment and is strictly an online technology platform and infrastructure for connecting patients with independent third-party Treating Providers, including physicians and other Treating Providers in the TMates network. You acknowledge and agree that the Treating Providers using the Platform are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional healthcare services performed and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Treating Providers, in their sole discretion, as they deem appropriate.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TMates OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE PLATFORM, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold TMates, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers harmless from and against any claim, actions, demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees (“Claims”), resulting from or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless your Treating Provider(s) from and against any third-party Claims resulting from your lack of adherence to the advice or recommendation(s) of such Treating Provider.
TMates makes no representation that all products, services, and/or material described on the Site or the Platform available through the Site are appropriate or available for use in locations outside the United States or all territories within the United States.
TMates devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.