25 of 51 cards in Legal Rights & Agreement Rules
Legal Rights & Agreement Rules · Context
The supplied Terms and Conditions identify July 1, 2019 as their effective date. This describes the saved version being analyzed.
Details not recorded for this card
Effective Date: July 1, 2019
Legal Rights & Agreement Rules · Procedure
The agreement is between Teladoc Health Inc. and the individual user. Using any covered website or platform constitutes acceptance of these terms and the Web and Mobile Privacy Policy; users who disagree are told to stop all access and use. The linked privacy policy is not supplied here.
Details not recorded for this card
Use of any of the Websites or Platforms constitutes your acceptance of these Terms and Conditions and the Web and Mobile Privacy Policy.
If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to all of the Websites and Platforms.
Legal Rights & Agreement Rules · Context
Teladoc Health is used collectively for the publisher and its affiliates or wholly owned subsidiaries, including Best Doctors, HealthiestYou and Teladoc Physicians. Websites include the listed Teladoc, Best Doctors and HealthiestYou domains; Platforms are web and mobile applications requiring an account for a Teladoc Health Service. The scope extends beyond a single website.
Details not recorded for this card
Teladoc Health, Inc. on its own behalf and on behalf of its affiliates and/or wholly owned subsidiaries including but not limited to Best Doctors, Inc., Best Doctors Canada, Inc., HealthiestYou, Inc., and Teladoc Physicians, P.A.
various web-based and mobile applications that require you to create an account in order to use a Teladoc Health Service (collectively, "Platforms").
Legal Rights & Agreement Rules · Permission or license
Teladoc may revise the terms at any time in its sole discretion without prior notice. For material changes it promises to update the effective date and post a website notice. Amended terms also appear on platform access, where users must acknowledge agreement to continue. Amendments take effect on the stated effective date unless otherwise stated; subsequent access or use accepts posted changes.
Details not recorded for this card
Teladoc Health may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time.
Should these Terms and Conditions change materially, Teladoc Health will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on the Websites.
The amended Terms and Conditions will also appear when the Platforms are accessed by you and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the Platforms.
Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Websites and the Platforms after such changes are posted you agree and consent to all such changes.
Legal Rights & Agreement Rules · Context
The terms say Teladoc is neither an insurer nor a prescription fulfillment warehouse. Its stated role is providing telehealth information or facilitating access to telemedicine and expert medical services. It says it is independent of the treating providers, does not practice medicine or provide other health services, and is not responsible for providers’ acts, omissions or communications.
Details not recorded for this card
Teladoc Health is not an insurance provider nor are we a prescription fulfillment warehouse.
Teladoc Health is independent from healthcare providers who will be providing such telemedicine services to you through the Platform and is not responsible for such healthcare providers' acts, omissions or for any content of the communications made by them. Teladoc Health does not engage in the practice of medicine or provide any other health services.
Legal Rights & Agreement Rules · Restriction or exception
The disclaimers, liability limits, termination provisions and the user’s warranties and indemnities survive termination to the extent applicable law permits. Stopping use does not itself remove those continuing provisions.
Details not recorded for this card
To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.
Legal Rights & Agreement Rules · Restriction or exception
The prohibited-use list forbids violating applicable laws or regulations in any way.
Details not recorded for this card
Violate any applicable laws or regulations in any way;
Legal Rights & Agreement Rules · Restriction or exception
The prohibited-use list also bars assisting or permitting any person to engage in the listed activities, extending the restrictions beyond actions personally performed by the user.
Details not recorded for this card
Assist or permit any persons in engaging in any of the activities described above.
Legal Rights & Agreement Rules · Restriction or exception
Links are provided for convenience and do not imply endorsement, sponsorship or affiliation. Teladoc says linked sites are outside its control, disclaims responsibility for their content including medical or treatment information, and places use at the user’s risk under those sites’ own terms. These terms do not apply to other websites.
Details not recorded for this card
Links are provided as a convenience only, and a link does not imply that Teladoc Health endorses, sponsors, or is affiliated with the linked site.
Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms do not apply to other websites. Teladoc Health disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites.
Legal Rights & Agreement Rules · Restriction or exception
Mentioning a third-party product, event, service or other offering does not imply Teladoc endorses or recommends it. Third-party views on the websites and platforms belong solely to their authors; Teladoc assumes no responsibility for the accuracy or truth of those statements.
Details not recorded for this card
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 Teladoc Health.
Any views expressed by third parties on the Websites and Platforms are solely the views of such third party and Teladoc Health assumes no responsibility for the accuracy or veracity of any statement made by such third party.
Legal Rights & Agreement Rules · Procedure
Users agree to defend, indemnify and hold harmless Teladoc and the listed related parties, including officers, employees, affiliates, contractors, agents, licensors and suppliers. This covers claims and losses, settlements and reasonable attorney and accounting fees resulting or alleged to result directly or indirectly from violations, access or use, and the stated information/data disclosure and use contemplated by the agreement. The final trigger is awkwardly worded; the card does not infer a more specific duty from it. The user’s indemnities survive termination to the extent permitted by law.
Details not recorded for this card
You agree to defend, indemnify and hold Teladoc Health, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a Teladoc Party and collectively Teladoc Parties), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your (a) violation of these Terms and Conditions; (b) access to or use of the Platform and Websites; and (c) provision of other disclosure to Teladoc Health of any other information or data and the use of same by Teladoc Health or other Teladoc Party as contemplated hereunder.
To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions.
Legal Rights & Agreement Rules · Restriction or exception
The terms broadly disclaim Teladoc’s liability for direct, indirect, special, punitive, incidental, exemplary and consequential damages, including loss of use, profits, litigation or other monetary loss connected with the websites, platforms, or provision or nonavailability of products, goods or services. The wording applies across contract, negligence, product-liability and other theories, even if Teladoc was advised damages were possible. This describes the contractual claim, without deciding enforceability.
Details not recorded for this card
IN NO EVENT SHALL TELADOC HEALTH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITES OR PLATFORMS OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Legal Rights & Agreement Rules · Restriction or exception
Teladoc disclaims liability for failing to perform obligations where the failure results from a cause beyond its reasonable control, including mechanical, electronic or communications failure or degradation.
Details not recorded for this card
Teladoc Health shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Teladoc Health's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Legal Rights & Agreement Rules · Context
The agreement characterizes the liability limits as an informed, voluntary and material allocation of risk, and asks users to agree those limits are fair and reasonable in the circumstances. This reports the required acknowledgment rather than endorsing that assessment.
Details not recorded for this card
The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.
Legal Rights & Agreement Rules · Restriction or exception
The services are offered “as is” and “as available” without express or implied warranties. Teladoc disclaims representations, warranties and conditions, including merchantability and fitness for a purpose, to the fullest extent law permits. It does not promise uninterrupted or error-free operation, correction of defects, or freedom from viruses or harmful components. The terms expressly recognize that law may prohibit excluding implied warranties, so the exclusion may not apply to a user.
Details not recorded for this card
The Websites and Platforms are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied.
To the fullest extent permissible pursuant to applicable law, Teladoc Health disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose.
Teladoc Health does not warrant that the Websites and Platforms will be uninterrupted or error-free, that defects will be corrected or that the Websites and Platforms or the server that makes it available are free of viruses or other harmful components.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Legal Rights & Agreement Rules · Restriction or exception
Teladoc makes no guarantees and disclaims implied assurances of posted content’s accuracy, relevance, timeliness, completeness or suitability for a purpose. It also disclaims liability for delay, failure, interruption or corruption of transmitted data or information connected with website or platform use. The separate legal caveat says implied-warranty exclusions may not apply where applicable law disallows them.
Details not recorded for this card
Teladoc Health makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Website and Platforms for a particular purpose. Teladoc Heath assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Websites and/or Platforms.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Legal Rights & Agreement Rules · Procedure
The terms choose Delaware law. Both parties irrevocably submit disputes and matters arising under the agreement to the exclusive jurisdiction of the courts of the State of Delaware and waive lack-of-personal-jurisdiction defenses there. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Details not recorded for this card
These Terms and Conditions are governed by the laws of Delaware. The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Delaware in respect of all matters and disputes arising hereunder, and waive any defense of lack of personal jurisdiction in that jurisdiction.
These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Legal Rights & Agreement Rules · Restriction or exception
If a court with competent jurisdiction finds a provision invalid, the agreement says the remaining provisions retain full force and effect.
Details not recorded for this card
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Legal Rights & Agreement Rules · Procedure
Teladoc’s delay or omission in exercising a right or objecting to a user’s failure to perform does not impair its rights or waive succeeding breaches or other promises. Any waiver by Teladoc must be written and signed by an authorized representative.
Details not recorded for this card
No delay or omission by Teladoc Health to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Teladoc Health must be in writing and signed by an authorized representative of Teladoc Health.
Legal Rights & Agreement Rules · Restriction or exception
The terms say they constitute the entire agreement on access to and use of the websites and platforms and their subject matter, replacing prior or contemporaneous agreements, negotiations, representations and proposals, oral or written. The source separately makes use acceptance of the Web and Mobile Privacy Policy and allows written agreements about personal-information use; this clause does not supply those separate texts or a general conflict-priority rule.
Details not recorded for this card
These Terms and Conditions constitute the entire agreement between you and Teladoc Health as it relates to the access to, and use of, the Platform and Websites and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Teladoc Health and you.
Use of any of the Websites or Platforms constitutes your acceptance of these Terms and Conditions and the Web and Mobile Privacy Policy.
Personal Information will be used by Teladoc Health solely in accordance with these Terms and Conditions, and Teladoc Health's Web and Mobile Privacy Policy (or as otherwise agreed upon between you and Teladoc Health in writing).
Legal Rights & Agreement Rules · Procedure
The agreement declares this electronic document and electronic documents referred to or incorporated into it to satisfy writing requirements and be enforceable as signed agreements. It also says printed terms and electronic notices may be admitted in related judicial or administrative proceedings on the same basis and conditions as originally printed business records. This reports the agreement’s stated treatment rather than deciding legal enforceability.
Details not recorded for this card
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement.
A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Legal Rights & Agreement Rules · Restriction or exception
The terms are personal to the user. Users may not assign, transfer or sublicense them without Teladoc’s prior written consent. Teladoc may assign, transfer or delegate its own rights and obligations without the user’s consent.
Details not recorded for this card
These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with Teladoc Health's prior written consent. Teladoc Health may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Legal Rights & Agreement Rules · Restriction or exception
The English sentence makes English the terms’ language and waives reliance on other languages or translations. The accompanying French sentence expresses a choice of English for the terms and related documents, except documents for which law requires exclusive use of French. That express exception qualifies the language choice.
Details not recorded for this card
English shall be the language of these Terms and the parties waive any right to use and rely upon any other language or translations*. Il est la volonté expresse des parties que les présentes Conditions d'utilisation et tous les documents qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.*
Legal Rights & Agreement Rules · Procedure
For questions, notices or communications under these terms, the document lists Teladoc Health, Inc., Teladoc Privacy Officer, 2 Manhattanville Road, Suite 203, Purchase, NY 10577; telephone 617-226-3675; and privacy@teladochealth.com. These are the details in the saved version.
Details not recorded for this card
If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, Teladoc Health under the Terms and Conditions, please contact Teladoc Health using the following contact details:
Teladoc Health, Inc. Teladoc Privacy Officer 2 Manhattanville Road, Suite 203 Purchase, NY 10577 617-226-3675
privacy@teladochealth.com
Legal Rights & Agreement Rules · Procedure
Teladoc may communicate or give notices on the websites or platforms, and users agree they count as notice whether or not actually accessed. For amended terms, the separate change clause still provides for material-change website notices, effective-date updates and platform acknowledgment before continued use.
Details not recorded for this card
Teladoc Health may provide notices or communications to you on the Websites and/or Platforms and you agree that such notices shall constitute notice to you whether or not you actually access the notice.
Should these Terms and Conditions change materially, Teladoc Health will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on the Websites.
The amended Terms and Conditions will also appear when the Platforms are accessed by you and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the Platforms.