Legal Disclaimer

Teladoc Health · agreement dated January 1, 2022 · Official agreement

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Legal Rights & Agreement Rules · Context

The disclaimer states a January 1, 2022 effective date

This saved Legal Disclaimer states that it took effect on January 1, 2022. The stated date does not establish whether this remains the latest version.

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Supporting quotations

Effective Date: January 1, 2022

Legal Rights & Agreement Rules · Context

The disclaimer covers listed websites and associated apps

Teladoc Health, Inc. speaks for itself and the listed affiliates and subsidiaries, including Best Doctors, HealthiestYou, Advance Medical, Livongo, myStrength and InTouch Technologies. The disclaimer covers visitors to the listed Teladoc, Best Doctors, AskBestDoctors, HealthiestYou, Teladoc Health, myStrength, Advance Medical, Livongo and InTouch Health websites and their associated domains and mobile apps. It describes providing telehealth information and facilitating access to telemedicine, chronic condition management and expert medical services.

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Supporting quotations

Teladoc Health, Inc., on its own behalf and its affiliates and/or wholly owned subsidiaries including, but not limited to, Best Doctors, Inc., HealthiestYou, Inc., Advance Medical Inc., Livongo Health, Inc., myStrength, Inc., and InTouch Technologies
makes certain telehealth related information available to you and/or facilitates your access to telemedicine, chronic condition management, and expert medical services
This Disclaimer applies to visitors to the following publicly available websites that are owned and operated by Teladoc: www.teladoc.com, www.bestdoctors.com, www.askbestdoctors.com, www.healthiestyou.com, www.teladochealth.com, www.mystrength.com, www.advancemedical.net, www.livongo.com, www.intouchhealth.com and their associated domains and mobile applications (collectively, the "Websites").

Qualifications & exceptions

  • Applies to visitors and users of the defined Websites.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Procedure

Using the websites signifies agreement

The disclaimer defines you as a visitor or user of the Websites and says using them expressly agrees to its terms. If you disagree, it directs you to stop all use and access immediately.

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Supporting quotations

For the purposes of this Disclaimer, "you" and "your" means you as the visitor or user of the Websites. By using the Websites, you expressly agree to the terms and conditions set out in this Disclaimer. If you do not agree to this Disclaimer, you should immediately cease all use of and access to the Websites.

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Teladoc describes itself as a facilitator independent of healthcare providers

Teladoc says it makes telehealth information available and facilitates access to telemedicine, expert medical and chronic condition management services. It says it is not an insurer or prescription fulfillment warehouse, does not practice medicine, and is independent of the healthcare providers delivering telemedicine. It disclaims responsibility for those providers’ acts, omissions and communications.

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Supporting quotations

Teladoc Health is not an insurance provider nor are we a prescription fulfillment warehouse. Teladoc Health's role is limited to making certain telehealth related information available to you and/or facilitate your access to telemedicine, expert medical services, and chronic condition management services. Teladoc Health is independent from healthcare providers who provide telemedicine services 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.

Legal Rights & Agreement Rules · Restriction or exception

Website content is informational and does not replace medical care

The Websites do not provide medical advice or create a healthcare provider/patient relationship with Teladoc or otherwise. Their services and content are described as informational, not a replacement for your healthcare provider’s advice. The disclaimer directs medical-condition questions to a doctor or qualified healthcare provider and medical emergencies to 911 or your doctor. It disclaims responsibility or liability for advice, treatment, diagnoses, information, services or products obtained through the Websites.

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Supporting quotations

The Websites do not provide medical advice and do not create a healthcare provider/patient relationship between you and Teladoc or otherwise. Any services provided by or content accessed from the Websites are for informational purposes only and are not intended to replace the advice of your healthcare provider. Please consult your doctor or other qualified healthcare provider if you have any questions about a medical condition. Call 911 or Your doctor for all medical emergencies. TELADOC IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE WEBSITES.

Qualifications & exceptions

  • These statements concern the defined Websites.

Security & Safeguards · Restriction or exception

Users must follow applicable laws and avoid interference

Using the Websites commits you to comply with laws applicable to that use. You must not interfere with other people’s use and enjoyment or disrupt Teladoc’s or its vendors’ security measures. The obligations also prohibit restricting or inhibiting anyone from using the Websites.

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Supporting quotations

By using the Websites, you agree to comply with all laws applicable to your use of the Websites, you will not interfere with a third party's use and enjoyment of the Websites, and you will not interfere with or disrupt Teladoc Health's or its vendors' security measures.
Restrict or inhibit any person from using the Websites;

Content & IP Rights · Restriction or exception

Harmful, objectionable and unsolicited promotional material is prohibited

You must not send unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material to or through the Websites. This also covers material that can harm or delay websites or computers and unsolicited advertising, solicitations or promotions.

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Supporting quotations

Send or otherwise transmit to or through the Websites any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Websites or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;

Content & IP Rights · Restriction or exception

Reverse engineering and attempts are prohibited

You must not reverse engineer, disassemble or decompile any section or technology on the Websites, or attempt those activities.

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Supporting quotations

Reverse engineer, disassemble or decompile any section or technology on the Websites, or attempt to do any of the foregoing;

Security & Safeguards · Restriction or exception

Unauthorized access to sites, accounts and information is prohibited

You must not gain unauthorized access to the Websites, other users’ accounts, names, personally identifiable or other information, or computers and sites connected or linked to the Websites.

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Supporting quotations

Gain unauthorized access to the Websites, to other users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Websites;

Security & Safeguards · Restriction or exception

Automation exceeding human browsing request rates is prohibited

You must not launch or use automated systems, including robots, spiders or offline readers, that send more server requests in a given period than a person can reasonably produce using a conventional browser. This clause sets a request-rate condition rather than expressly banning all automation.

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Supporting quotations

Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Websites in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

Qualifications & exceptions

  • The threshold compares requests in the same period using a conventional browser.

Security & Safeguards · Restriction or exception

Code that may damage or hijack equipment is prohibited

You must not post, transmit or otherwise make available viruses, worms, spyware or other code, files or programs that may damage or hijack hardware, software or telecommunications equipment, or are intended to do so.

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Supporting quotations

Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;

Content & IP Rights · Restriction or exception

Users must not alter website content or services

You must not alter or modify any part of the content or services offered on or through the Websites.

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Supporting quotations

Alter or modify any part of the content or services offered on or through the Websites;

Account & Service Control · Restriction or exception

Purposeful misrepresentation of identity or affiliation is prohibited

You must not deliberately misrepresent who you are or your affiliation when using the Websites.

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Supporting quotations

Purposefully misrepresent your identity or affiliation;

Data Access & Collection · Restriction or exception

Website information collection is limited to individual personal use

The obligations prohibit collecting any information from the Websites for purposes other than individual personal use. This provision restricts the visitor’s collection of website information.

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Supporting quotations

Collect any information from the Websites for any purpose other than individual personal use;

Legal Rights & Agreement Rules · Restriction or exception

Attempting, assisting or permitting prohibited activities is also barred

You must not attempt the activities listed above or assist or permit other people to engage in them. This extends the website-use restrictions beyond carrying out a prohibited act yourself.

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Supporting quotations

Attempt, assist or permit any persons in engaging in any of the activities described above.

Content & IP Rights · Restriction or exception

Teladoc claims ownership and reserves ungranted rights

Teladoc Health claims sole ownership of the Websites, their content, related materials and documentation, including copyright, patents, trademarks, trade secrets and other intellectual property. You receive no title or ownership, and Teladoc reserves rights not expressly granted. You must not change or delete copyright or proprietary notices in downloaded materials.

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Supporting quotations

Teladoc Health is the sole and exclusive owner of the Websites and their content, including all copyright, patent, trademark, trade secret and other ownership and intellectual property rights, in and to the Websites and any related materials and documentation. No title or ownership of the Websites or any portion thereof is transferred to you hereunder. Teladoc Health reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Websites.

Content & IP Rights · Permission or license

Your input grants Teladoc a broad lasting license

You may provide input, comments, questions or suggestions, called Submissions. Teladoc may use them without any obligation to you. You grant a worldwide, perpetual, irrevocable, royalty-free and transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use them, without restriction, for commercial or noncommercial purposes as Teladoc alone considers appropriate.

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You may provide input, comments, questions or suggestions ("Submissions"). You acknowledge and agree that Teladoc may use any Submissions without any obligation to you and you hereby grant Teladoc a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Submissions as Teladoc may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

Qualifications & exceptions

  • Covers input, comments, questions and suggestions defined as Submissions.

Cross-references

Content & IP Rights · Restriction or exception

You affirm that you have the rights needed for submissions

You acknowledge that you have all rights necessary to make your Submissions. The permission to contribute input does not remove this responsibility.

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Supporting quotations

you acknowledge and agree that you have all rights necessary to make the Submissions.

Cross-references

Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Restriction or exception

Teladoc disclaims responsibility for submissions

Teladoc takes no responsibility and assumes no liability for Submissions. It does not endorse other people’s Submissions or accept responsibility for their content, including medical and health treatment information.

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Supporting quotations

Teladoc takes no responsibility and assumes no liability for Submissions
You understand that Teladoc does not endorse Submissions of others and is not responsible for the content of such Submissions. Teladoc disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth in a Submission.
Also annotated in the same passage (1)

Content & IP Rights · Restriction or exception

Third-party references and views are not Teladoc endorsements

Mentioning a third-party product, recording, event, process, publication, service or offering does not imply that Teladoc endorses or recommends it. Third-party views on the Websites remain those parties’ views, and Teladoc takes no responsibility for their statements’ accuracy or truthfulness.

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Supporting quotations

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 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 · Restriction or exception

The websites are supplied as is and as available

The Websites are supplied as is and as available without express or implied warranties. To the fullest extent applicable law permits, Teladoc disclaims representations, warranties and conditions, including merchantability and fitness for a particular purpose. It does not promise uninterrupted or error-free operation, correction of defects, or a website or server free of viruses or other harmful components.

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Supporting quotations

The Websites 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 will be uninterrupted or error-free, that defects will be corrected or that the Websites or the server that makes it available are free of viruses or other harmful components.

Qualifications & exceptions

  • The representations, warranties and conditions disclaimer extends only as far as applicable law permits.

Legal Rights & Agreement Rules · Restriction or exception

Content quality and data transmission are not guaranteed

Teladoc gives no guarantees and disclaims implied warranties or representations about website content’s accuracy, relevance, timeliness, completeness or suitability for a particular purpose. It also disclaims liability for delays, failures, interruptions or corruption of data or other information transmitted in connection with website use.

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Supporting quotations

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 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.

Security & Safeguards · Restriction or exception

Teladoc disclaims responsibility for third-party internet fraud

Teladoc says it is not responsible for your costs or harm from third-party internet fraud, including phishing sites impersonating its Websites and phishing emails made to look as though Teladoc sent them.

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Supporting quotations

Teladoc Health is not responsible for any costs or harm incurred by you as a result of fraudulent schemes perpetuated by third parties via the Internet, including any schemes involving phishing websites holding themselves out to be the Websites or phishing emails designed to appear to be sent from Teladoc Health.

Legal Rights & Agreement Rules · Restriction or exception

You agree to defend and indemnify a broad group for specified claims

As a visitor or website user, you agree to indemnify, defend and hold harmless Teladoc, its clients and suppliers, and their respective affiliates, employees, officers, directors, agents, servants, shareholders and representatives. This covers liabilities, losses, claims, suits, damage and expenses, including reasonable attorneys’ fees and expenses, related to violating this disclaimer, using or misusing the Websites or the source’s term “Teladoc Services,” or posting Submissions.

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Supporting quotations

You agree to indemnify, defend and hold harmless Teladoc, its clients, and its suppliers and their respective affiliates, employees, officers, directors, agents, servants, shareholders, and representatives of each from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys' fees and expenses) related to (i) your violation of this Disclaimer, (ii) your use, or misuse, of the Websites or Teladoc Services, and/or (iii) your posting of Submissions.
For the purposes of this Disclaimer, "you" and "your" means you as the visitor or user of the Websites.

Qualifications & exceptions

  • Applies to claims related to the three listed triggers, including use as well as misuse.

Not stated here

  • The indemnity uses “Teladoc Services”; the introduction defines “Teladoc Health Services,” without separately defining the exact shorter label.

Cross-references

  • contrast (model-proposed): Teladoc excludes liability for website-use damages — The visitor assumes specified defense and indemnity obligations, while Teladoc broadly excludes damages arising from website use or inability to use it. These allocate risk in different directions and are not inconsistent promises.
Also annotated in the same passage (2)

Legal Rights & Agreement Rules · Restriction or exception

Teladoc excludes liability for website-use damages

The disclaimer says Teladoc will not be liable for direct, indirect, incidental, special, exemplary, consequential or punitive damages arising from your use of the Website or inability to use it. It calls this an informed, voluntary and material allocation of risk and says you agree the limitations are fair and reasonable in the circumstances.

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Supporting quotations

TELADOC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.
This limitation reflects an informed voluntary allocation of risk; such allocation represents a material part of this Disclaimer. You agree that the limitations of liabilities are fair and reasonable in the circumstances.

Qualifications & exceptions

  • The stated exclusion concerns damages arising from website use or inability to use it.

Cross-references

Use & Processing · Company practice

Teladoc may collect, use and disclose website users’ personal information

Teladoc says it may collect, use and disclose your personal information through website use. It directs you to the Web and Mobile Privacy Policy for details. That linked policy is not supplied in this analysis, so this disclaimer alone does not establish data categories, purposes, recipients or retention periods.

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Supporting quotations

Teladoc may collect, use and disclose personal information about you through your use of the Website.
Please review the Web and Mobile Privacy Policy to find out how we collect, use and disclose your personal information that is collected.

Qualifications & exceptions

  • The statement concerns personal information obtained through website use.

Not stated here

  • Details of collection, use and disclosure are referred to a linked policy not supplied here.

Legal Rights & Agreement Rules · Procedure

Changes take effect when posted and continued use signifies agreement

Teladoc may amend the disclaimer at any time, with changes effective immediately when posted. As a visitor or user of the defined Websites and associated domains and mobile apps, you agree to review the disclaimer periodically. Using the Websites after a change constitutes agreement to follow and be bound by the amended disclaimer.

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Supporting quotations

Teladoc may, at any time and from time to time, amend this Disclaimer. Any changes will be effective immediately upon posting. You agree to review the Disclaimer periodically and your use of the Websites following any such change constitutes your agreement to follow and be bound by this Disclaimer as amended.
This Disclaimer applies to visitors to the following publicly available websites that are owned and operated by Teladoc: www.teladoc.com, www.bestdoctors.com, www.askbestdoctors.com, www.healthiestyou.com, www.teladochealth.com, www.mystrength.com, www.advancemedical.net, www.livongo.com, www.intouchhealth.com and their associated domains and mobile applications (collectively, the "Websites").
For the purposes of this Disclaimer, "you" and "your" means you as the visitor or user of the Websites. By using the Websites, you expressly agree to the terms and conditions set out in this Disclaimer. If you do not agree to this Disclaimer, you should immediately cease all use of and access to the Websites.

Qualifications & exceptions

  • Agreement to the amended disclaimer is tied to website use after the change.

Cross-references

  • qualifies (model-proposed): Using the websites signifies agreement — The initial agreement through website use is supplemented by immediate posting effectiveness, periodic review and agreement through use after changes.
Also annotated in the same passage (2)