Last Updated April, 2018.
Welcome to the Valley Health Telemedicine website! Valley Health System
and its affiliates and subsidiaries (collectively, “Valley Health” or “we”) provides this website ("Website") to you in order to provide you access to certain telemedicine services
and consultations (“Services”) provided by physicians affiliated with Valley Health, who may
be employed by or independent contractors with Valley Health (each a “Provider”).
Your access to this Website is subject to your agreement with all these
this Website (“Agreement”).
Should you choose to register to access the non-public portions of this
Website (“Portal”) in order to make a Service request, your use of this Website is
also subject to the Patient Registration Agreement (“Registration Agreement”) that you agree to during the registration and enrollment process,
which is also part of your Agreement with Valley Health. All references
to the Portal.
BY ACCESSING OR USING THE WEBSITE,
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW.
A COPY OF THESE TERMS
Modifications to this Agreement
ANY REVISIONS, Valley Health WILL NOTIFY YOU AND ALL USERS BY POSTING
A NOTICE REGARDING THE REVISIONS ON THIS WEBSITE. REVISIONS WILL BE EFFECTIVE
AS OF THEIR POSTING UNLESS OTHERWISE STATED. BY ACCESSING OR USING THIS
WEBSITE AFTER SUCH REVISIONS ARE POSTED, YOU AGREE AND CONSENT TO ALL
No Medical Advice
TO YOU ON THIS WEBSITE
IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY TO PROVIDE YOU INFORMATION
ON AND ACCESS TO THE SERVICES.
USES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE CONTENT,
BUT Valley Health
AND SHALL NOT BE LIABLE IN ANY WAY TO YOU,
ANYONE ELSE TO WHOM THE CONTENT MAY BE FURNISHED,
OR OMISSIONS IN THE CONTENT.
SUCH CONTENT IS RELIED UPON AT YOUR OWN RISK AND SOLE DISCRETION.
Website Content and Access
Valley Health reserves the right without prior notice to discontinue any
Website features, functions or content available on this Website at any
time without incurring any obligations to you or any other party. Statistics
provided on this Website are based upon patient and physician reporting
and survey responses. Individual results from use of the Website or Services may vary.
Copyright © 2018. Valley Health System. All rights reserved.
The content on this Website, including without limitation the text, graphics,
logos, button icons, images, video and audio clips, digital downloads,
data compilations and software, is owned or licensed by Valley Health,
the Providers or their respective affiliates or vendors and is protected
under applicable United States and international patent, copyright, trademark
and other intellectual property laws. The compilation of all content on
this Website, as well as the original arrangement, organization, design,
formatting, trade dress, look and feel of the Website is also the exclusive
property of Valley Health, the Providers or their respective affiliates
or vendors and is also protected by United States and international intellectual
property laws. This Website may contain various third-party names and
marks that are the property of their respective owners.
Any unauthorized use of our marks or of our copyrighted material or trade
dress or any other intellectual property is strictly prohibited and may
be prosecuted to the fullest extent that the law provides.
Should you send Valley Health any postings, feedback or data about our
Website or use of our Website, such as ideas, comments, and suggestions
or questions, such information will not be given confidential treatment.
Valley Health will not have any obligation of any kind to you with respect
to any postings, feedback or data that you submit. Your submission of
such postings, feedback and data affects an assignment to Valley Health
of such material (along with any underlying or related ideas, concepts,
techniques and know-how) and you agree to assign and hereby assign all
such postings, feedback and data to Valley Health without charge. As the
sole and exclusive owner of such postings, feedback and data, Valley Health
will be free to reproduce, copy, use, disclose and distribute the information
to others including without limitation incorporating your postings, feedback
or data (and any underlying or related ideas, concepts, techniques and
know-how) into any Valley Health product or service or this Website without
compensation to you of any kind.
Any submissions through the Website in connection with the Services pursuant
to the Registration Agreement will be maintained as confidential as required
by law and Valley Health’s obligations to the Providers.
License to Access
You may view, copy, print and use content contained on this Website solely
for your own personal or internal use, provided that: (1) it is used for
informational and non-commercial purposes only; (2) no text, graphics
or other content available from this Website is modified or framed in
any way; and (3) no graphics available from this Website are used, copied
or distributed separate from accompanying text. The use of any content
for commercial purposes is expressly prohibited. Nothing in this Agreement
is intended to, or may be construed as, conferring by implication, estoppel
or otherwise any license or other grant of right to use any patent, copyright,
trademark, service mark or other intellectual property of Valley Health
or any third party, except as expressly provided in this section.
You may not access, use or copy any portion of the Website through the
use of indexing agents, spiders, scrapers, bots, web crawlers or other
automated devices or mechanisms. You agree not to remove or modify any
trademark legend or copyright notice, author attribution, or other notice
placed on or contained within any of the Content.
You may not use, copy, modify, duplicate, distribute, translate, reproduce,
republish, disassemble, reverse engineer, decompile, mirror, frame, hyperlink
or transmit any of the content or materials of this Website or rent or
sell use of or access to (such as on a time share or service bureau basis)
this Website, or any of the content or materials on this Website. You
may not permit third parties to access this Website or use any Website
content and may not make any other use of the Website or any Website content
except as set forth in this Agreement, unless otherwise expressly agreed
to in writing by Valley Health. You may not harvest or collect information
about others, including e-mail addresses. Any conduct by you that, in
our discretion, restricts or inhibits any other person from using or enjoying
the Website will not be permitted.
You understand and agree that Valley Health may terminate or otherwise
deny your access to the Website without notice in the event Valley Health
believes in its sole discretion that (i) you have violated a provision
of this Agreement or your Registration Agreement, (ii) you have used or
misused the Website in a manner that Valley Health has determined is unlawful,
unethical or otherwise inappropriate, or (iii) such action is reasonably
necessary to protect a third party or Valley Health or if such action
is otherwise required by law.
You acknowledge and agree (1) that your use of this Website is at your
own discretion and risk, (2) that use of any material, information or
data downloaded or otherwise obtained through the use of this Website
is at your own discretion and risk, and (3) that you are solely responsible
for any damage to your computer system for loss of data that results from
the download of such material, information or data, and for any other
form of damage that may be incurred.
Third Party Websites
This Website may contain links to, or be accessed through links on, websites
managed and operated by or on behalf of third party entities. These third
parties are separate and independent entities and are not agents of Valley
Health. Valley Health does not have control over such third party websites
or the content of such websites. As a result, Valley Health does not have
responsibility for the information, misinformation, errors, availability,
operation or performance of any such third party website to which this
Website may link or from which this Website may be accessed.
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 Valley Health. Any views expressed by third
parties on this Website are solely the views of such third party and Valley
Health assumes no responsibility for the accuracy or veracity of any statement
made by such third party.
THIS WEBSITE AND ALL INFORMATION, SERVICES AND RELATED MATERIALS IT CONTAINS
ARE PROVIDED "AS IS," “AS AVAILABLE” AND “WITH
ALL FAULTS.” Valley Health MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER
REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE
SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS WEBSITE
OR THE INFORMATION OR MATERIALS IT CONTAINS. TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, Valley Health, THE PROVIDERS AND THEIR RESPECTIVE
AFFILIATES AND VENDORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION AND MATERIALS
CONTAINED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.
USE OF THE INTERNET IS INHERENTLY UNRELIABLE. AS A RESULT, NEITHER Valley
Health NOR THE PROVIDERS WARRANT THAT THE WEBSITE OR YOUR ACCESS TO THE
WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITE
WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER Valley Health
NOR THE PROVIDERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WHILE Valley Health TAKES COMMERCIALLY REASONABLE EFFORTS TO PROTECT THE
PRIVACY AND CONFIDENTIALITY OF YOUR INFORMATION AND TRANSACTIONS, Valley
Health CANNOT ENSURE ANY INTERNET TRANSACTION IS COMPLETELY SECURE. Valley
Health AND ITS VENDORS USE INDUSTRY STANDARD TECHNOLOGY TO HELP PROTECT
AGAINST THE LOSS, MISUSE AND ALTERATION OF THE INFORMATION UNDER Valley
Health’s CONTROL; HOWEVER, Valley Health DOES NOT GUARANTEE THAT
SUCH LOSS, MISUSE OR ALTERATION WILL NOT OCCUR.
YOU UNDERSTAND THAT USE OF THE INTERNET AND THIS WEBSITE IS AT YOUR OWN
RISK. NEITHER Valley Health, THE PROVIDERS, NOR THEIR RESPECTIVE VENDORS,
AFFILIATES OR SUPPLIERS IS RESPONSIBLE FOR ANY VIRUS OR DAMAGE TO YOUR
COMPUTER, COMPUTER SOFTWARE, OR ANY LOSS OF DATA THAT MAY RESULT FROM
USE OF THE WEBSITE OR ACCESS TO ANY SERVICES.
This Website may be unavailable from time to time due to mechanical, telecommunication,
software, and third- party vendor failures. Valley Health cannot predict
or control when such downtime may occur and cannot control the duration
of such downtime. As a result, Valley Health cannot and does not have
any liability for such failures.
Reasonable efforts are taken to ensure the accuracy and integrity of information
and related materials provided by Valley Health on this Website, but Valley
Health is not responsible for misprints, out-of-date information, technical
or pricing inaccuracies, typographical or other errors. Information and
related materials are subject to change without notice.
No advice or information from Valley Health or the Providers in any manner
will create any warranty as to this Website or any product, service or
material available through this Website. If for any reason you are not
satisfied with this Website or its content, your sole remedy is to cease
using this Website or such content, even if such remedy should fail of
its essential purpose.
Applicable law may not allow the exclusion of implied warranties, so the
above exclusion may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT WILL Valley Health, THE PROVIDERS, OR ANY OF THEIR RESPECTIVE
VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS,
EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY
KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE, DATA,
INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS
INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY,
PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO
THIS WEBSITE OR YOUR USE OF THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED
IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Valley Health HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH
DAMAGES WERE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN
THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THIS
WEBSITE. NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, THE AGGREGATE LIABILITY
OF Valley Health, THE PROVIDERS AND THEIR AFFILIATES AND VENDORS FOR ANY
REASON SHALL NOT EXCEED $100.00 US, EVEN IF SUCH REMEDY SHOULD FAIL OF
ITS ESSENTIAL PURPOSE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Valley Health, THE PROVIDERS,
AND THEIR RESPECTIVE VENDORS, AFFILIATES AND THEIR OFFICERS, DIRECTORS,
REPRESENTATIVES, EMPLOYEES, CONSULTANTS, AND AGENTS FROM AND AGAINST ANY
CLAIMS, ALLEGATIONS, DAMAGES, LOSSES, LIABILITIES OR EXPENSES (INCLUDING,
BUT NOT LIMITED TO ATTORNEYS' FEES) THAT SUCH PARTY MAY SUFFER OR
INCUR AS A RESULT OF (I) YOUR USE OR MISUSE OF THE WEBSITE, (II) YOUR
INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF Valley Health,
OR ANY OTHER PERSON OR ENTITY, (III) YOUR VIOLATION OF ANY APPLICABLE
LAW, INCLUDING WITHOUT LIMITATION ANY PRIVACY OR DATA SECURITY LAW OR
REGULATION, OR (IV) YOUR VIOLATION OF THIS AGREEMENT. NOTWITHSTANDING
THE FOREGOING, Valley Health RESERVES THE RIGHT TO PARTICIPATE IN THE
DEFENSE OF ANY SUCH CLAIM, SUBJECT TO YOUR INDEMNIFICATION OBLIGATION.
Disputes and Interpretation
This Agreement is governed by and interpreted under the laws of the State
of Virginia and the federal laws of the United States, without regard
to conflicts of laws principles. This Agreement and access to the Website
will be deemed to have been performed and occurred in the State of Virginia
and the courts of that State will have exclusive jurisdiction to entertain
any action arising under this Agreement. You hereby irrevocably submit
to the exclusive jurisdiction and venue of the courts of the State of
Virginia, including federal or state courts with jurisdiction over the
City of Winchester, Virginia, and waive any objections as to personal
jurisdiction, venue and forum nonconveniens. In the event of any dispute,
the prevailing party shall be entitled to recovery of its reasonable attorneys’
fees and costs.
Notwithstanding the foregoing, Valley Health may seek injunctive or equitable
relief through a court of competent jurisdiction in the event of any misuse
of its intellectual property or any misuse of its Website or systems,
without the posting of a bond, proof of damages or other similar requirement.
Certain provisions, by their nature or as explicitly stated, will survive
any termination or expiration of this Agreement. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable, that condition
will be severable and shall not affect the validity and enforceability
of any remaining condition.
This Agreement, along with our Telemedicine
Registration Agreement, are the sole terms governing your use and access of this Website and
supersedes all other agreements regarding use of the Website. Our electronically
or otherwise properly stored copy of this Agreement will be deemed to
be the true, complete, valid, authentic, and enforceable copy, and you
agree that you will not contest the admissibility or enforceability of
our copy of this Agreement in connection with any action or proceeding
arising out of or relating to this Agreement. Any waiver of any portion
of this Agreement will be effective only if in writing and signed by Valley Health.
If you have any questions about this Agreement, please contact the Valley
Health Privacy Officer at:
Valley Health Compliance Department
220 Campus Blvd., Suite 420
Winchester, Virginia 22601
Phone: (540) 536-8993
Fax: (540) 536-5493